Human rights: South Africa's slap in the face for world's gay people
The Democratic Alliance (DA) believes that the fight to end discrimination against sexual orientation, and to have it included on the United Nations Human Rights Council's (UNHRC) agenda has been dealt a severe blow by South Africa's own delegation to the United Nations. The South African representative to the UNHRC, Jerry Matjila, yesterday refused to support efforts at the UN to protect homosexuals against discrimination. Mr. Matjila objected to discrimination against individuals on the basis of sexual orientation being equated with that against individuals on the basis of race. Apparently, he attempted to defend this by claiming that protecting gay people would "demean the legitimate plight of the victims of racism". It is remarkable and disappointing that Mr. Matjila has not only neglected to protect the basic principles of human rights but has categorically failed both the rights of gay people in South Africa and elsewhere, and has attempted to belittle forms of discrimination.
In the wake of the recent events in Malawi and Uganda, South Africa's rejection of the inclusion of sexual orientation as a means of discrimination seems like an act of appeasement to certain African countries with poor human rights records, rather than taking the principled position, and setting an example on human rights which other African states could look to.
Mr. Matjila apparently attempted to cite the Durban Declaration and Programme of Action (DDPA) summit as the basis for his action, stating that the DDPA did not list sexual orientation as a category of discrimination. This callous definitional position is a slap in the face to those homosexuals around the world who face discrimination every day, many of whom are being persecuted in our own neighbouring states. Moreover, it is an affront to the constitutional principles which Mr. Matjila, as a South African public representative, ought to act to defend and uphold. Specifically, Section 9(3) of our Constitution states:
"The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth."
There are two possible reasons for Mr Matjila's actions. Either he is not aware of the intense persecution against homosexuals globally, in which case he has absolutely no business making any type of submission or representation to the UNHRC. Or alternatively, he honestly believes that individuals are only ever discriminated against on the grounds of race. If this is the case, he has absolutely no understanding of or indeed sympathy for the millions of people who have suffered as a result of prejudice on the grounds of their gender or sexual orientation. Clearly, South Africa's diplomats are neglecting their mission to further the constitutional principles that we South Africans enjoy but which so many yearn for around the world.
This development represents a severe blight on our international standing. The DA believes that South Africa must return to a rights based approach in conducting its foreign relations on the international scene. I will be writing to the Minister of International Relations & Cooperation to request that corrective action be taken on this matter immediately, and I will be submitting parliamentary questions to her department, requesting an explanation for Mr. Matjila's unacceptable actions.
Statement issued by Kenneth Mubu, MP, Democratic Alliance shadow minister of international relations and cooperation, June 23 2010
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