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Disability People Rights
Monday, 20 December 2010 03:02
Annie Robb, LGBTIFrom the 9-10 December, 2010 in recognition of 62 anniversary of the Universal Declaration of Human Rights, the Human Rights Institute of South Africa invited human rights defenders from all over South Africa and held a conference in Kliptown, Soweto where the historic Freedom Charter was signed in 1955 that stated the "South Africa belonged to all that lived in it". Annie Robb, Ubuntu’s top official was invited to speak on disability and LGBTI issues.
There is an alarming increase in homophobia on the African continent with 4 countries having the death penalty and 29 countries were legislation makes it illegal and punishments vary from floggings to life imprisonment. In South Africa, violent corrective rapes of lesbians is common place and throughout the continent the LGBTI community suffer discrimination, harassment, violent assaults, murder and live with immense stigma. The situation is dire and we, as people living with psychosocial disabilities speak out against this. Below we reproduce the full text of her presentation to the Human Rights Defenders Forum:
We celebrate the 62nd anniversary of the Universal Declaration of Human Rights, an international treaty that laid the foundation for a dream of a world founded upon human rights, mutual respect and dignity for all that lived on this planet. It came in the aftermath of a genocide that decimated millions and caused untold misery and suffering. Peoples’ inalienable rights were to be recognized. This was believed to lay the foundation of freedom, justice and peace.
Much of the African continent continues to be afflicted by persistent economic stagnation, mounting human misery and deep political instability. People who identify as LGBTI are under threat worldwide and face increasing homophobia in the form of violence, harassment, discrimination, exclusion, stigmatization and prejudice. Much of this can be described as the practice of torture and other cruel, inhuman and degrading treatment or punishment. Arbitrary arrest or detention and deprivation of economic, social and cultural rights occurs. These prejudices are directed against persons in all countries simply because of their sexual orientation or gender identity. This undermines the integrity and dignity of persons that identify as LGBTI.
We are all familiar with the Ugandan government’s attempt to introduce the death penalty for homosexuality. Another country on the continent of Africa who wishes to condemn to death people for simply loving one another and expressing their sexuality or choosing which gender to identify with. Currently in Sudan, Mauritania, in the north of Nigeria and Somalia you risk a death sentence for the “crime” of homosexuality.
Currently in Algeria, Angola, Botswana, Cameroon, Djibouti, Eritrea, Ethiopia, Gambia, Ghana, Guinea, Kenya, Lesotho, Liberia, Libya, Malawi, Mauritius, Morocco, Mozambique, Namibia, Senegal, Seychelles, Sierra Leone, Swaziland, Tanzania, Togo, Tunisia, Uganda, Zambia and Zimbabwe homosexuality carries judicial penalties and sanctions ranging from floggings to life, imprisonment. In the remaining few African countries homosexuality is legal but same sex unions are not recognized. On the continent of Africa, only South Africa can be said to have a Constitution and some legislation that allows people that identify as gay and lesbian to attempt to actualize the full enjoyment and freedom of their rights.
But even this is not enough. We know that many lesbians in SA live under threat of corrective rape, assault or death. They are stigmatized and marginalized by their communities.
I attended 48th Session of African Commission on Human and Peoples’ Rights last month in Banjul as a representative of the African Disability Partners. On my return I reported on the persecution and discrimination of the LGBTI communities and individuals on the African continent. I also further reported to our members that the Coalition for African Lesbians had been consistently denied observer status at the ACHPR for the past 3 sessions.
This troubled us deeply as we know that the common threads that bind us all as human beings is that we have diverse multiple identities, beliefs and practices. Many persons that identify as living with a disability also identify as lesbian or gay, may identify as black or white, Somali or Twa, maybe male, intersex or female, Moslem, Jewish, Christian, Pagan or Atheist. They could be regarded as an albino, a person accused of witchcraft, a trafficked woman, man or child, an asylum seeker, a refugee, a displaced person or a person living with HIV/AIDS or even leprosy. All of these marginalized groups may live with a disability too.
So, for people living with a disability we do realize that our freedom and rights are not guaranteed for as long as groups and people are devalued for what they are. Marginalization increases the risk of vulnerability to acts of discrimination and gross human rights violations. And people remain silent because they regard these people are not worthy of consideration.
In our deliberations, we were reminded of the words of Pastor Niemoller uttered in 1948, the year of the Universal Declaration of Human Rights and in the aftermath of World War 11:
“First they came for the communists, and I did not speak out, because I was not a communist. Then, the socialists, trade unionists, Jews and other groups. Then they came for me, and there was no one left to speak out for me.”
We are especially mindful as people living with psychosocial disabilities of having entered the same gas chambers as millions of Jews, homosexuals and others that had become objects of persecution. We know that for as long as human rights violations are tolerated by the silence and inaction of others, it is a short step towards the amplification and further dehumanization of other groups and individuals that are not regarded as full citizens or despised.
Thus it was with great distress that we heard on the 16 November of the exclusion of “sexual orientation” in a Resolution of the United Nations.[1] Even shocking was that SA during the debate called for a definition of “sexual orientation” – a clear ploy to gerrymander the proceedings and give reason to exclude because the definition was unclear. This we find both embarrassing and disconcerting of our representatives considering that they represent a country where it is firmly entrenched as a concept. We were further appalled by the news that South Africa had voted to remove this clause.
Issues around sexual orientation and psychosocial disability can find commonalities and intersections. Both groups have had aspects of their being subject to a medical interpretation Psychiatry routinely pathologizes our sexuality with the level of our sex drive being a symptom of our illness, with value judgments of whether we are doing it too much or too little, with too many of maybe even inappropriate partners. Not adhering to heterosexist norms of gender identity, and wishing to choose one’s gender is still referred to as Gender Identity disorder and persons seeking gender realignment surgery know the power of psychiatrists in determining this choice. Your body and mind is medicalized and pathologized in this process. Homosexuality until 1973 was classified as mental illness, a disease, in the DSM 4, the bible of psychiatry. Many homosexuals were locked in psychiatric institutions to cure them of this “affliction”. Torture and cruel and inhumane treatments such as painful shock therapy are used in the name of aversion therapy in attempt to eliminate all feelings and attraction to the same sex. This is cruel and inhumane treatment .
What I would like to underline is that we believe that vulnerable marginalized groups must seek their commonalities and moments of intersections. We must strive for a marginalized consensus in civil society and examine ways in which we can identify and act in solidarity with one another.
We should also keep in mind that Disability rights are perceived as inoffensive and non-political. How better to promote human rights in situations where human rights of marginalized groups are an anathema. Promoting the UN CRPD could be a powerful mechanism that will spread the principles of universal rights.
We, as in this UN Convention, are committed to the universality, indivisibility, interdependence and interrelatedness of all human rights and fundamental freedoms. It is with this background we decided we would not remain silent about LGBTI matters. We would take action and not be silent. We forwarded the following submission to the SAHRC.
The submission to the SAHRC read as follows:
“It is with great concern we note that South Africa on the 16th November 2010 at the 3rd Committee of the United Nations General Assembly voted to remove sexual orientation from the resolution on extrajudicial, summary and arbitrary executions.
Mentioning sexual orientation as a basis on which people are targeted for killing highlights the extreme vulnerability of persons identifying as lesbian, gay, bisexual, transgendered or intersexed (LGBTI). This is an issue extremely relevant to much of the African continent where persons identifying as LGBTI are often subject to discrimination, crimes such as corrective rapes, violence, torture and even death.
We would like to remind the SAHRC that the South African Constitution 1996 (9.3) guarantees against discrimination based on sexual orientation and that you are mandated and obligated to ensure that the rights of all those that live in South Africa are protected. As persons living with psychosocial disabilities who include members that identify as LGBTI, we would like to highlight that South Africa has signed and ratified the United Nations Convention on the Rights of Persons with Disabilities in 2007 that clearly reaffirms South Africa’s commitment to the universality, indivisibility, interdependence and interrelatedness of all human rights and fundamental freedoms. Furthermore, it recalls the Charter of the United Nations that recognizes the inherent dignity and worth and the equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world.
Thus, we urge the SAHRC to uphold the Paris Principles and speak out strongly against this decision of the South African government, to issue a statement condemning this decision and to clearly reaffirm the principles of our Constitution that guarantee freedom from discrimination based on sexual orientation.
We urge you to recognize the inherent risk of the psychosocial trauma resulting from discriminatory practices. The message conveyed by the South African government by voting for the elimination of sexual orientation in this resolution in our opinion increases vulnerability, social isolation and exclusion of the LGBTI persons in Africa and thus exposes them to further emotional and physical violence. We interpret this as the blatant disregard and the violation of the inherent dignity of all those that identify with the LGBTI community in South Africa.”
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