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LGBTQ people omitted from South Africa Census

Advocacy groups have urged the government to change course

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(Public domain photo)

Advocacy groups are up in arms with Statistics South Africa (StatsSA) over the exclusion of LGBTQ people in the ongoing national Census which will end on Feb. 28.

Although South Africa is deemed to be among the most liberal countries when it comes to LGBTQ rights on the African continent and globally, this time, it seems as if the government made a costly error by including only male and female boxes on the questionnaire.

Reacting to the exclusion of LGBTQ people on the 2022 national Census questionnaire, Nolwazi Tusini, communications and media manager at Iranti, a Johannesburg-based media advocacy organization that advocates for the rights of LGBTQ people, said the data will be used to make conclusions about gender in ways that completely exclude transgender and non-binary people.

“According to StatsSA, the Census 2022 questionnaire includes a question relating to sex which provides only two options, male or female, and this refers to a biological make-up of the person or the sex that is assigned at birth. This effectually means that transgender and intersex persons will not be counted in the upcoming Census,” said Tusini. “The Census solely relies on counting a society that is cisgender and excludes a significant part of South Africa’s population.”

“Furthermore, history has taught us that the data captured from the responses to the question on sex is often used to make conclusions about gender in ways that completely exclude transgender and non-binary persons,” added Tusini. “For example, using this data to tell us about the number of cisgender women and cisgender men residing in South Africa and their employment status.”

The current questionnaire also does not include questions relating to sexual orientation and will therefore, not yield any data relating to lesbian, gay and bisexual people in South Africa. This is contrary to South Africa’s Constitution, which recognizes South Africans by their diverse sexual orientations.

“By StatsSA’s own admission, the current structure of the Census 2022 does not actively enumerate LGBTQIA+ persons. This effectively renders LGBTQIA+ persons invisible and is not in line with the South African Constitution which enshrines the rights to equality and self-determination,” said Tusini. “This urges a greater conversation around legal gender recognition in this country, where it permeates and how it’s understood and then accepted across government departments.”

Iranti Executive Director Jabu Pereira said StatsSA was encouraging the state to erase the existence of the LGBTQ community,

“We regard this Census as unconstitutional because its very design is premised on exclusion and if a census excludes a significant population such as the LGBTQIA+ community, then by its very nature it encourages the state to erase our very existence,” said Pereira.

Bruce Walker of Pretoria LGBTQIA+ Gay Pride concurred with Pereira, saying the omission of the LGBTQ community in the ongoing Census was a move aimed at “erasing their existence.” Walker said their organization has already launched campaigns against the count.

“Considering the news of the exclusion of the LGBTQIA+ identities in the Census we felt it necessary to voice our outrage on this. We feel this is a direct attack on the community,” said Walker.

“There are a few points that we feel should be addressed before this Census is held,” added Walker. “Why are there only two options relating to sex? Male or female. Why is there no intersex or transgender here? Why are people who do not identify with either excluded? Why are there no questions about sexual orientation? This is a missed opportunity for the government to better understand the LGBTQIA+ community.”

Pretoria LGBTQIA+ Gay Pride’s directed the following questions to StatsSA:

– Why have you excluded a large portion of South Africa in this Census? Do you feel that the LGBTQIA+ community is not part of the population?

– If you think the LGBTQIA+ is not part of the community then why should we participate in the Census? Is this not against our constitutional rights? Why did you not engage with LGBTQIA+ organizations when compiling the questions? Is this not the first step to excluding the LGBTQIA+ rights in the constitution? Is the government now going to stop LGBTQIA+ rights in the workplace?

– Will the LGBTQIA+ community rights that we have fought for now be revoked? Will gay marriage now be revoked? What would the people say if you had only black or white under race?

– We as a Pride organization are outraged at this and we are extremely disappointed at the silence from political parties. We are putting out petitions out in the community and online. Why must we wait 10 years for the next Census? If we do not get a satisfactory response from Census 22 and the government then we will be asking our community not to participate in this Census at all. After all they do not think we are part of the population.

“An attack on one party of the LGBTQIA+ community is an attack on the whole community,” said Walker.

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Africa

Upcoming Ugandan Census will not count intersex people

Advocacy group report documents rampant discrimination, marginalization

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(Image by rarrarorro/Bigstock)

Uganda’s national Census next month will not count intersex people.

The revelation about the exclusion of intersex Ugandans in the 9-day Census exercise that will begin on May 10 has been confirmed to the Washington Blade by the head of Uganda’s Bureau of Statistics.

UBOS Executive Director Chris Mukiza in response to the Blade’s questions on the issue said the agency has “no business with intersex.”

Their counting could have made Uganda the second African country and the third globally after Australia and Kenya to collect an intersex person’s data in a Census. 

Kenya’s 2019 Census determined there were more than 1,500 intersex people in the country.

Uganda had a population of 34.8 million, according to the country’s last Census that took place in 2014.

Intersex people in Uganda are among marginalized groups, subject to stigma and discrimination. The government has yet to recognize them as the third sex and consider them among other minority groups, such as people with disabilities, who enjoy special treatment.

Intersex people cannot be exclusively categorized as male or female for having a biological congenital condition with unique sex characteristics due to inherent and mixed anatomical, hormonal, gonadal, or chromosomal patterns that could be apparent before, at birth, in childhood, puberty, or adulthood.

Mukiza’s position of excluding intersex people in the Census, however, comes amid the prime minister’s office’s demands for inclusivity and equality for all the population. (The Constitutional Court on April 3 refused to “nullify the Anti-Homosexuality Act in its totality.”)

“We recognize that much work remains to be done particularly in addressing the needs of the marginalized and vulnerable communities, promoting inclusive economic growth, and combating climate change,” said Dunstan Balaba, the permanent secretary in the prime minister’s office.

Balaba spoke on April 18 during the National Population and Housing Census prayer breakfast meeting the UBOS convened. Religious leaders and other stakeholders attended it.

President Yoweri Museveni has noted that data from the country’s sixth national Census will be crucial towards achieving the nation’s Vision 2040 and help the government, non-governmental organizations, and donors in providing services to the diverse population.

“It will also provide the basis for planning the provision of social services such as education, health, and transport, among others at the national and local level,” Museveni said as he urged citizens to fully support the Census and provide accurate information.

Uganda has an intersex rights organization, “Support Initiative for People with Atypical Sex Development (SIPD),” which activist Julius Kaggwa founded in 2008 with the support of groups that advocate for children, women, and other marginalized populations.

Some of SIPD’s work as a non-profit, grassroots organization includes community outreach and engagement, sharing reliable information with the society for the protection of intersex people’s rights, and championing the need for organized medical and psychological support.

The organization, through its numerous reports, has decried human rights violations against intersex people that include surgery without consent, discrimination in homes, schools and medical centers, parents abandoning intersex children, and stigma due to lack of legal protection by the government.

Uganda’s Registration of Births and Deaths Act allows a parent or guardian of a child under the age of 21 to change the name or sex at the local registration office. The SIPD, however, maintains this law is discriminatory to intersex people over 21 who want to change their sex characteristics, and want parliament to repeal it. 

The intersex rights organization wants the Health Ministry to establish a central registry to register intersex children after they’re born in order to receive support in terms of healthcare, social and legal by the government and other stakeholders as they grow up. 

SIPD particularly wants the government to enact a policy that would allow a gender-neutral marker on birth certificates for intersex children to ease any change of sex in the future. The organization also wants the government, through the Education Ministry, to adopt a curriculum that also considers intersex issues in schools and creates a friendly environment for intersex children to learn and graduate like their non-intersex peers.

These demands follow SIPD’s findings that disclosed many intersex children were dropping out of school because of the stigma and discrimination they suffered. The organization has further called on the public-funded Uganda Human Rights Commission to live up to its constitutional mandates of defending human rights by leading the promotion and protection of the rights of intersex people across the country.

SIPD has also challenged religious leaders, who play a key role in Ugandan society and are influential at the local and national level, to promote acceptance of intersex people and to end discrimination against them.

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Africa

Ugandan activists appeal ruling that upheld Anti-Homosexuality Act

Country’s Constitutional Court refused to ‘nullify’ law

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(Image by rarrarorro/Bigstock)

Twenty-two LGBTQ activists in Uganda have appealed this month’s ruling that upheld the country’s Anti-Homosexuality Act.

The Constitutional Court on April 3 refused to “nullify the Anti-Homosexuality Act in its totality.”

President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Media reports indicate Sexual Minorities Uganda Executive Director Frank Mugisha and Jacqueline Kasha Nabagesara are among the activists who filed the appeal.

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Africa

Congolese lawmaker introduces anti-homosexuality bill

Constant Mutamba’s measure seen as distraction from country’s problems

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Congolese MP Constant Mutamba (Photo courtesy of Mutamba's X account)

A member of the Democratic Republic of Congo’s National Assembly who is a leader of the country’s opposition party has introduced a bill that would criminalize LGBTQ people.

Part of the bill that Constant Mutamba, leader of the Dynamic Progressive Revolutionary Opposition platform, has put forth states anyone who “commits a homosexual act (including acts and gestures) will be liable to a 5- or 10-year prison sentence.”

The country in recent years has seen government leaders and civic society target the community with anti-LGBTQ sentiments.

The Superior Council for Audiovisual and Communication, Media Regulatory Authority  last June cautioned the media against showing LGBTQ-specific conversations. Several activists have criticized Mutamba’s bill, saying it seeks to move attention away from governance, service delivery and other pertinent issues in the country.

Sirius Tekasala, a human rights activist, said a person’s sexual orientation does not impact issues of governance.

“The proposed bill does not go in the direction of improving the socio-economic life of the Congolese people,” said Tekasala. “It’s not homosexuals who prevent you from doing your job well or from breathing. This is a violation of human rights.”

Mbuela Mbadu Dieudonné, a social analyst and trade unionist, said the bill is just a way of deviating people from the pertinent issues.

“He should suggest how to get the Congolese people out of this precariousness of life which is growing on a daily basis,” said Dieudonné. “When we don’t know the real problems of the Congolese people, he sets himself up as the great director of scenes to distract the Congolese people.”

Many Congolese, however, seem to support the bill and have applauded Mutamba for drafting it.

This is not the first time that such kind of a bill has been drafted.

An anti-homosexuality bill introduced in 2010 would have sentenced people who engage in consensual same-sex sexual relations to between three and five years in prison. The measure, however, did not become law.

Mutamba’s bill, however, may pass with Uganda’s Anti-Homosexuality Act in effect. The country’s Constitutional Court earlier this month upheld it. Burundi, Tanzania and other neighboring countries are also considering similar measures.

Many Congolese people view LGBTQ rights as a Western phenomenon that disregards their religious and cultural beliefs. LGBTQ Congolese are among those who have fled the country and sought refuge in the Kakuma refugee camp in Kenya and other places.

Consensual same-sex sexual relations are not criminalized in the Democratic Republic of Congo, but Congolese law does not recognize same-sex marriages.

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