REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS
and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
to a jail term of eighteen years. In South Africa lesbians remain vulnerable to attack. Notably black
lesbians are subjected to violence in townships and some urban settings. Consequently these
women face issues such as disempowerment, stigmatization, rejection, ignorance and isolation.
Some reasons for the continued marginalization of lesbians and the LGBTI community in general
include the misperception that homosexuality is “un-African” or that lesbians and gays cannot be
afforded the same constitutional protections and rights provided to the rest of society. It also
includes the misperception that homosexuality should be criminalized and religious and cultural
intolerance resulting from what is “correct behaviour” or not.316
95. LGBTI persons are often the victims of hate crimes. Hate crimes are identity crimes, directed not
only at the identity of the victim but also of the group to which they belong. A victim is thus often
a symbol of a broader group of people. Although hate crimes can be perpetrated against anyone,
it is often the more marginalised groups that are targeted.
96. The Department of Justice and Constitutional Development has established a National Task Team
(NTT) to develop a National Intervention Strategy on LGBTI issues. This was done by the former
Minister of Justice and Constitutional Development, Minister Jeff Radebe, after receiving a
number of petitions from civil society organisations. The aim of the National Intervention Strategy
is to address so-called “corrective rape” and other forms of violence against LGBTI persons. The
Department initiated engagements with key government departments and institutions to develop
the National Task Team. The NTT was constituted by government departments, chapter 9
institutions and civil society organisations that specialise in issues related to LGBTI persons.
97. The DoJ&CD significantly strengthened the participation of NGOs and civil society in the NTT
through a process of consultative workshops in all provinces. A rapid response team was also
established to track the pending cases in the criminal justice system, as well as to respond as soon
as possible, to cases of violence being reported. An inter-sectoral communication plan outlining
a number of public education and communication initiatives has also been developed. This seeks
to popularise inter-sectorial interventions aimed at addressing the violence committed against
LGBTI persons, to promote partnerships amongst government, civil society, business and the
media in the fight against gender based violence and to encourage communities to report these
crimes. A television advert was made to convey a national message to South Africans to promote
equality, dignity and freedom protected under the Constitution. The television advert was first
flighted during the launch of the LGBTI Programme in April 2014. With SABC, 13 million people
were reached through the LGBTI TV advert, a further 10 million people through eTV and
community radio reached a further 6. 1 million people.
98. The National Intervention Strategy followed a multi-sectoral approach. It included government
and civil society and related organisations and addresses sexual orientation-based violence and
gender-based violence against LGBTI persons through two programme areas, namely Prevention
and Response, on a national level. The ultimate aim is for national, regional and municipal policies,
316
Human Sciences Research Council (HSRC): 2010: THE COUNTRY WE WANT TO LIVE IN – hate crimes and
homophobia in the lives of Black lesbian South Africans; Occasional Paper 1 by the Policy Analysis and Capacity
Enhancement Research Programme, Pretoria
163
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