Lessons from a Rainbow Nation: A Look at South Africa

Post-Apartheid South Africa revealed a great deal about the true meaning of GLBT people’s rights as human rights. The opportunities for students and educators to learn and benefit from South Africa’s journey are many. Not only did the transition from a white-led government to one that consolidates the rights of all South Africans happen without a bloody exchange of authority—although many, including school children lost their lives in the struggle—but the first post-Apartheid government under Nelson Mandela was built upon a spirit of cooperation and respect for all, including South Africans who are their former white oppressors.

The term "rainbow nation" itself encompasses the idea that the fabric of South Africa is woven from many different—and differing—threads. Today a South African citizen may speak any number of eleven official languages, may come from a myriad of culture groups, may identify as a gay, lesbian, bisexual, transgendered, and yes, even heterosexual.

Many have credited the South African Constitution of 1996 for recognizing the rights of all of these members of society not as "gay rights," "Afrikaaner rights" or "Xhosa-speaking rights" but using the all-encompassing term: human rights. The Constitution is built upon three main pillars: dignity, equality, and human rights. Since 1996 the strength of those pillars has been constantly tested—with very favorable results not only for GLBT communities, but also for the South African society as a whole. In nearly every lawsuit, the rights of GLBT people have been tested against one small but extremely powerful clause. In the South African Constitution of 1996, article 9 (iii) declares that: “the state may not unfairly discriminate against anyone on the basis (...) of sexual orientation.”

The clause’s simplicity and understated tone defies the North American notion of complicated "legalese" yet carries an extremely powerful punch. That tiny clause has also paved the way for a number of landmark decisions. Consider these examples:

In 1998 a lesbian policewoman wins a case against the Minister of Safety and Security that secures rights for same-sex spousal dependency and benefits.

In 1999 the Constitutional Court finds section 28(2) of the Aliens Control Act of 1991 unconstitutional and makes it illegal to deport same sex foreign partners of South African citizens.

In 2001 the case of DeVos versus The Minister of Social Welfare, the rights of gay and lesbian couples to jointly be the parents of a minor adopted child are secured.

Other legal cases still await decision, such as the one that challenges the prohibition against same-sex marriage.

The struggle for human rights is never an easy one. While Constitutional rights may seem to come swiftly and provide a broad blanket of security to all people in the rainbow nation, cultural barriers still impede some, especially when it comes to the previously disadvantaged communities; people of African, “Coloured” (mixed race), and Asian-Indian descent. Part of the disconnect between the notion of rights for all people regardless of their identity comes with the idea that not all identities may have a place within certain cultural contexts. The GLBT community is often saturated with images of an "international" GLBT culture, making the assumption that all GLBT people have been given the same keys to get them out of the closet and into a full life of living "out and proud." Unfortunately, a popular media image of international GLBT culture tends to be that of a white, gay male who has sufficient resources to live a life filled with freedom and without many boundaries. Does a South African of a Xhosa or Sotho cultural background have the same sense of a gay identity as an Afrikaaner? Does an English-speaking gay man from Cape Town have the same connections to a broader gay context as an Afrikaans-speaking woman from the rural Free-State? In both examples, this is most likely not the case.

Living in South Africa one sees examples of the clash between the unprecedented freedoms allowed by the Constitution and the slow pace of cultural change. In many instances when faced with the prospect of gay marriages or transgendered teachers, those outside of the GLBT communities might just shrug their shoulders and give their own linguistically-appropriate version of the South African saying: “jawellnofine…sure, whatever, live and let live!”

Recently, in January 2003, the GLBT community in South Africa gained worldwide media attention in the aftermath of the murder of nine sex-workers at Sizzlers, a male-to-male massage parlor in Sea Point, Cape Town in January 2003. Initially, the South African Lesbian and Gay Equality Project said they believed that the murders could be a hate crime. Some international observers were intrigued by the horror that took place at a gay establishment. While many would have immediately drawn connections of extreme homophobia between this terrible crime and the sexual identities of the male victims involved, tolerant attitudes prevailed both in the public at large and in the South African media. One elderly woman who lived near Sizzlers expressed her sadness as a result of the tragedy and noted that neither the work, nor the sexual identities of those killed mattered whatsoever.

What mattered was that those murdered were "good people who always greeted her and were friendly in every way [to her]." Fortunately, there has been no repeat of such slayings in South Africa. We can only hope that from tolerant and accepting laws come tolerant and accepting attitudes. And in many recent cases this is what can be experienced in South Africa. Many challenges still face the “new” South Africa, however. The AIDS pandemic is rapidly tearing away at much of the social and economic fabric of this young nation. Soaring prices for food and fuel threaten the livelihood of those already living on the edge of survival. And radical white-supremacist groups from within spread hate and intolerance against this rainbow nation.

In the face of all of these challenges, many South Africans seem to have an unlimited supply of hope and grace that is anchored in the 1996 constitution.

Resources for further GLBT information on South Africa

Legal Information: Lesbian & Gay Equality Project www.equality.org.za

Culture, Travel, Queer links: Q on-line www.q.co.za

HIV/AIDS Information: Triangle Project www.triangle.org.za