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South African president signs new hate crimes, hate speech law

Advocates largely welcome new statute

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South African President Cyril Ramaphosa during a campaign stop speaking with attendees at the ANC Party Rally on May 10, 2024 in Tshwane, South Africa (Photo courtesy of Ramaphosa's Facebook page)

South African LGBTQ organizations have welcomed a new law that seeks to combat hate crimes and hate speech.

President Cyril Ramaphosa on May 9 signed the Preventing and Combating of Hate Crimes and Hate Speech Bill that had been introduced in 2018.

According to the new law; the direct or indirect unfair discrimination against anyone on the grounds of age, albinism, culture, disability, ethnic or social origin, gender, HIV status, language, nationality, migrant, refugee status, asylum seekers, occupation, trade, political affiliation, conviction, race, religion, sex, sexual orientation, gender identity or expression, sex characteristics or skin color is a criminal offense punishable by a fine or up to eight years in prison.

ā€œA hate crime is committed if a person commits any recognized offense under any law that is motivated by prejudice or intolerance based on one or more characteristics or perceived characteristics of the victim, as listed in the legislation or a family member of the victim,” said the president’s office. “The law also makes it an offense when speech material is intentionally distributed or made available in electronic communication, and the said person knows that such electronic communication constitutes hate speech.ā€

CrimenĀ injuria, theĀ unlawful and intentional impairing of dignity or privacy of another person under common law, was in place before the new law. Crimen injuria, which to extent protected some forms of hate againstĀ the LGBTQ community, is still active.

The Preventing and Combating of Hate Crimes and Hate Speech Bill, however, is more comprehensive in the sense that it particularly focuses on hate speech and hate crimes, and therefore makes it easier to seek legal recourse than under crimen injuria.

ā€œAs Out, we commend President Cyril Ramaphosa on the move that he has made in making sure that the rights of LGBTQ+ persons are protected. We, as Out, also hope that other African countries can learn from this historic milestone that all people are equal and that their rights should be protected,” said Out LGBT South Rights Human Rights Coordinator Sibonelo Ncanana. 

Ncanana specifically applauded Deputy Justice and Constitutional Development Minister John Jeffrey and the working group that helped secure the bill’s passage.

“We hope that all government departments will enforce the mandate of the act,” said Ncanana. “We also hope that it will help in decreasing the amount of hate crimes that are happening in South Africa, create safer communities, and that LGBTQ+ people will find themselves safe.”

Ruth Maseko of Umndeni LGBTI Group and the Triangle Project said the new law creates a precedent of what constitutes hate crime and the repercussions.

ā€œWe are delighted at the passing of the bill after so many years, as it creates a legal definition of hate crimes,” said Maseko. “This now puts in place mechanisms for authorities to collect and report details about these incidents of hate for the effective monitoring, analysis of trends, and appropriate interventions that are needed.”

Maseko added that although the new law will aid in giving the courts a framework to work in when handling cases of hate, it will not really deter people from committing those crimes.

ā€œThe new law will provide quantitative and qualitative data as currently we have no way of telling how many of these crimes are committed. The only way we know, is when they are reported to a civil society organization or are reported in the media,” said Maseko.

“Although it will do nothing to change the attitudes of people who act out in these ways, the law does send out a message that hate crimes will not be tolerated in South Africa and will provide additional tools to investigators and prosecutors to hold perpetrators accountable for their actions,ā€ added Maseko.

The law, however, does not consider actions undertaken in good faith as part of hate speech. They include artistic creativity, performance or other form of expression, academic or scientific inquiry fair, and accurate reporting or commentary in the public interest.Ā 

It also excludes interpretation and articulating or espousing of any religious conviction, tenet, belief, teaching, doctrine or writing that does not advocate hatred or constitutes incitement to cause harm. The law also contains directives on training and other measures to be undertaken by the South African Police Service and the National Prosecuting Authority to ensure effective processing of the newly defined crimes. 

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Protesters vandalize Zimbabwean LGBTQ rights group’s offices

GALZ has reported the incident to the police

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Protesters vandalized GALZ's offices in Harare, Zimbabwe, with homophobic graffiti. (Photos courtesy of GALZ)

A handful of protesters over this past weekend vandalized the offices of Zimbabwe’s largest LGBTQ rights organization.

Although they did not enter GALZ (an Association of LGBTI People in Zimbabwe)’s building in Harare, the country’s capital, they did gather at the gate and sang homophobic songs. The protesters also left anti-gay graffiti on the gate and walls.

Several people after the incident started to question the authenticity of the protesters, arguing GALZ itself organized the protest in order to get funding. They said some of the protesters “looked gay” and even argued the organization had yet to approach the police.

GALZ has sought to discredit some of the reports, while calling the protest disrespectful and uncalled for.

“We categorically condemn the acts of vandalism and intimidation that occurred on Sunday afternoon,” said GALZ in a statement. “A group of individuals claiming to represent various Christian churches descended at our offices. They proceeded to vandalize the property, painting hateful graffiti on the walls. While we respect differences in values, it is utterly unacceptable to deploy acts of vandalism and intimidation against communities who hold different values.”

GALZ said it has filed an official police report, and is “cooperating fully with the ongoing investigations.” 

“We call on the authorities to hold the perpetrators accountable for these criminal actions,” said the organization. 

GALZ also said it remains steadfast in its commitment to LGBTQ rights, and urged religious and political leaders to be at the forefront of fostering unity in Zimbabwe.

“This act of violence has not been committed in isolation, it is a stark reminder of the ongoing discrimination and hostility that our community faces,” said GALZ.

“We urge religious and political leaders to condemn such acts of hate and to uphold the  constitutional rights and freedoms for all citizens to be protected by law regardless of their diverse backgrounds including sexual orientation, gender identity and expression. We encourage Zimbabweans to resort to open and respectful dialogue to address indifferences,” added the organization.

Several United Methodist Church parishioners last month held a protest in Harare during which they protested the church’s recent decision to allow LGBTQ clergy and same-sex marriages. James Kawadza, one of the protest organizers, said it was un-African to engage in same-sex relations.

“Homosexuality is unlawful in Zimbabwe and marriage is between a man and a woman,” he said. “The church has aligned with the rainbow movement, and this is also a threat to our African traditions and human existence at large. Homosexuality is not contextual, it is an abomination where Sodom and Gomorrah were destroyed by fire.”

Section 73 of Zimbabwe’s Criminal Law (Codification and Reform) Act on sexual crimes and crimes against morality says any “male person who, with the consent of another male person, knowingly performs with that other person anal sexual intercourse, or any act involving physical contact other than anal sexual intercourse that would be regarded by a reasonable person to be an indecent act, shall be guilty of sodomy and liable to” a fine, up to a year in prison or both.

Cases of people being arrested under this provision are rare.

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What’s next for LGBTQ rights in South Africa after the country’s elections?

African National Congress lost parliamentary majority on May 29

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Pretoria and Cape Town are the first cities in Africa to install Pride crosswalks. Activists are wondering what the outcome of South Africa's May 29 elections will mean for LGBTQ rights. (Photo courtesy of Bruce Walker/Pretoria Pride)

More than 50 independent candidates and political parties participated in South Africa’s national and provincial elections that took place on May 29. The Electoral Commission of South Africa declared the results on June 2.

No independent candidate or political party managed to secure the outright parliamentary majority of more than 50 percent of the votes, which prompts the creation of a coalition government. None of the 18 political parties that managed to win at least one seat in the National Assembly wholly represented the LGBTQ community.

Although South Africa is the only African country that constitutionally recognizes the rights of the LGBTQ community, some of the political parties that managed to secure seats in the National Assembly had signaled they would reserve these gains.

Former President Jacob Zuma, who leads the uMkhonto weSizwe (MK) party, during a January debate said the thought of dating within the same gender was unpalatable and un-African. The MK is now the country’s third largest political party after it won 14.58 percent of the vote, making it a pivotal player in the formation of a coalition government.

Dawie Nel, the executive director of OUT LGBT Well-being, said undermining the constitution is “a dangerous, misguided, and populist strategy to avoid acknowledging the failures of governance and the lack of implementation of constitutional values that are meant to improve the lives of South Africans.”

ā€œSouth Africa’s constitution is celebrated as one of the most significant achievements of our transition to democracy, ensuring that all citizens are treated with dignity and respect, and that their rights are protected in all aspects of life,” said Nell. 

There now seems to be an impasse on who becomes the government’s next leader because of some of the demands that political parties made before they entered into any negotiations.

Bruce Walker of Pretoria Pride said the best possible outcome for the preservation of LGBTQ rights in South Africa would be if the former governing political party, the African National Congress (ANC), which garnered the most support with 40.18 percent of the vote, partners with the Democratic Alliance (DA), which finished second with 21.81 percent of the votes, to form a coalition government.

“I think it will be a good outcome for the community if the DA has some power in a coalition government,” said Walker.

Rise Mzansi, which managed to secure 0.42 percent of the votes with two seats in the National Assembly, said it will continue protecting the rights of the LGBTQ community.

“Rise Mzansi reaffirms its commitment in protecting LGBTQ+ rights in South Africa, as outlined in Section 9 of our constitution,” said the party.

Zubenathi Daca, program coordinator for student employability and entrepreneurship development in Nelson Mandela University’s Department of Student Governance and Development said the fight for LGBTQ rights in South Africa will continue.

“The battle has not yet been won,” said Daca. “Queer people are still being killed and homophobic remarks are still being made towards us daily, and we need people who have found the confidence to voice out their dissatisfactions against how they are treated and also speak out for the voiceless.” 

“This society is ours just as it is everyone elseā€™s,” added Daca. “We are in corporate spaces, leadership positions, and political spaces to show that we belong here, and that we are here to stay.” 

The constitution says National Assembly members should be sworn in within two weeks of the elections. They will then meet for the first time and elect a new speaker, deputy speaker and president.

Chief Justice Raymond Zondo who will preside over the entire process, on Monday said the National Assembly will meet for the first time since the elections on Friday.

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Queer Nigerians still struggle with housing discrimination and homelessness

Transphobia forced Fola Francis to flee her Ibadan home

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Fola Francis (Photo via Instagram)

In Nigeria, the pursuit to secure a safe and comfortable home is often fraught with challenges for many, but for the LGBTQ community ā€” especially those who are openly gay ā€” these challenges are often insurmountable. 

Some two years ago, Fola Francis, a popular transgender woman who has since passed away, had to leave her home in Ibadan and fled to Lagos due to transphobia. A now deleted video of her had gone viral on TikTok, and it got to the hands of her transphobic landlord and neighbors. They held a rally to make her leave the house, breaking into it many times.Ā 

ā€œI got death threats from my neighbors due to them finding out I’m a trans woman on social media when my videos went viral,ā€ she said to the BBC.Ā 

Francisā€™s experience doesnā€™t exist in isolation. 

ā€œFor me, all I had to do was be visibly effeminate before my neighbors began to clamp down on and force me to move out,ā€ Damian Okpara, a student at the University of Nigeria, told the Washington Blade. 

Despite the global movement towards acceptance and equality, Nigerian society remains deeply rooted in conservative values that stigmatize and marginalize queer people; and this systemic discrimination is starkly evident in the housing sector, where visibly queer people face significant barriers and prejudices that deny them the fundamental right to safe and secure housing.

ā€œIt is nowhere in the constitution that a person should be discriminated against housing of their choice due to their sexuality,ā€ Chizelu Emejuju, a human rights lawyer, told the Blade.

Emejuju founded Minority Watch, which is an organization that focuses on fighting for the rights of minorities, including the queer community, in Nigeria. That said, Nigeria’s legal framework is one of the most hostile in the world towards the LGBTQ community. 

The Same-Sex Marriage (Prohibition) Act, passed in 2014, not only criminalizes same-sex relationships but also any public display of affection between same-sex couples. This law has legitimized widespread discrimination and has given rise to an environment where queer individuals are systematically marginalized and ostracized.

According to many, homosexuality is often viewed as a Western import, incompatible with the Nigerian values and traditions. Homophobia therefore translates into severe consequences for LGBTQ individuals, particularly in the realm of people. 

For Okpara, heā€™s had to leave his former home to live with a friend, even though it may mean putting both of them at risk of homelessness. 

ā€œAlthough my friendā€™s place is more accepting of femme-boys like me, there is still the constant fear that they may switch up on us,ā€ he said. ā€œItā€™s so hard to be an effeminate man in Nigeria.ā€ 

Okparaā€™s experience is a stark reminder that for many LGBTQ Nigerians, the search for housing is a journey marked by rejection and prejudice. Landlords and housing agents frequently deny rentals to openly queer people or those they suspect are queer. 

A common experience shared by many queer people is being evicted without notice once their sexual orientation or gender identity becomes known. Stories like that of Francis and Okpara are common ā€” tenants, who after months of living peacefully, find themselves suddenly homeless, their belongings discarded, and their safety threatened. This precarious existence forces many into substandard living conditions, or in some cases, into homelessness.

The impact of housing discrimination on queer Nigerians is profound, extending far beyond the physical realm into deep psychological and emotional suffering. 

ā€œAlthough I am introverted and need friends, I have decided to not even bring anyone into my space anymore,ā€ Valentina Ikpazu, an entrepreneur in Lagos, told the Blade. ā€œAt this point, I would rather find other ways to be happy than be homeless.ā€ 

The constant fear of eviction and the relentless search for a safe space create a state of perpetual anxiety and insecurity. This unstable housing situation often leads to chronic stress, depression, and other mental health issues.

The plight of LGBTQ people in Nigeria’s housing market exemplifies the broader struggles they face in a society that often rejects their very existence. 

ā€œQueer people need to understand that they have a legal right to stay in a place of choice, especially if the landowners do not include clauses that are discriminatory in the earlier stages of apartment acquisition,ā€ Emejuju said. ā€œEven if they include clauses that are outrightly discriminatory to queer people, it can be challenged in court, as thereā€™s no law [backing up the clauses.]ā€

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