The History behind LGBTI inclusion in SA Constitution
With the Pink Loerie Mardi Gras & Arts Festival around the corner, Greg Vogt, chief executive of the tourism authority Knysna & Partners extends a warm welcome to this community to Knysna for the 16th festival.
Vogt encourages residents and other stakeholders of the greater Knysna Community to put their #PinkFootfwd and support the rights of a group that are protected by the Constitution.
With the release of Nelson Mandela in February 1990, lesbian, gay, bisexual, transsexual and intersex (LGBTI) movements engaged in political discussions for their rights, which included sexual freedom as a fundamental human right under the new constitution. South Africa’s Constitution of 1996 makes discrimination based on sexual orientation illegal. It is one of the most progressive constitutions in the world in terms of personal freedom being protected.
The 1998 Employment Equity Act further protects employees against discrimination based on sexual orientation. The South African government passed the Union Bill in December 2006, which legalised same-sex marriage, making South Africa the first African country to do so. For the first time homosexual couples received equality with heterosexual couples, spouses could make decisions on each other’s behalf, receive alimony and adopt children.
The LGBTI community suffered along with millions who were seriously affected by South Africa’s apartheid laws as well as anti-homosexual legislation during this dark era.
Despite many positive advances in legislation, homophobia and discrimination unfortunately still persists. The new legislation protects, but it also exposes the extent to which discrimination remains part of South African society. Butler and Astbury wrote in their study Over the Rainbow (2005), that LGBTI students are still being bullied and workers are still confronted with homophobic sentiment.
Disturbing statistics shows a growing number of cases of “corrective rape”, attacks and even murder against lesbians in South Africa.
The good news is that government legislation is supportive of the LGBTI community and many advances have been made since the dark days of the repressive Immorality Act. LGBTI people are now protected and not persecuted by the government. LGBTI movements have done distinguished work in creating awareness and goodwill through gay pride parades.
“Welcome our visitors to the Knysna Pink Loerie with sincere warmth and make them feel at home in greater Knysna. Show the festival revellers that Knysna definitely has put its #PinkFootFwd in embracing diversity in our town according to our great Constitution,” said Vogt.
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