The Joint Working Group  is deeply concerned to discover that the South African government has not only supported but indeed acted as spokesperson for a demand to remove references to sexual orientation from the draft text of the Durban II anti-racism conference draft declaration.

Although primarily focussed on issues of race, both this text and the World Conference Against Racism process more broadly attempts to view all forms of discrimination as intersectional and recognises that you cannot act against one form of discrimination only. In this spirit, discrimination on grounds of gender is included within the ambit of the declaration. In a similar vein, a section was included which condemns "all forms of discrimination and all other human rights violations based on sexual orientation”. South Africa, speaking on behalf of the Africa Group objected to this provision on the grounds that it ‘goes beyond the framework’ of the original Durban Declaration.

The Joint Working Group finds this justification for demanding the removal of sexual orientation from the declaration entirely unacceptable. These conferences are designed to focus on issues relating to discrimination and intolerance. To separate out discrimination on the basis of sexual orientation as less important than or more acceptable than the many other forms of discrimination is dangerously misguided and entirely inconsistent with the South African Constitution. It also ignores the way in which intersecting discriminations play themselves out in South Africa, not least around the issue of Hate Crime targeting black lesbian women in our townships and rural areas.

We are further disturbed that this matter far from being a once off occurrence is in fact the latest in a long line of failures of the South African government to support LGBTI rights and indeed broader human rights issues in the international arena. The most recent example of such behaviour was the disgraceful decision by our government not to sign a statement affirming the rights of LGBTI people that was read in the United Nations General Assembly in December 2008. It has become painfully clear that the government is simply unwilling to stand up for the principles that our country has fought so hard for in the international arena if they would risk alienating some members of the Africa block of states.

Instead of acquiescing in perpetuating discrimination and inequality, South Africa should make use of its position as a leader among the African states to try and advance LGBTI rights within those regions and thus uphold the dignity and equality of all individuals as it is clearly required to by the South African Constitution. 

We demand that South Africa starts to advocate in the international arena for the same rights it enshrines for its own people. Further we hope that between now and the Durban conference the government reviews its position on the inclusion of sexual orientation in the Declaration.

Members of the Joint Working Group

Activate WITS
Behind the Mask
Coalition of African Lesbians
Durban Gay and Lesbian Community
D Gayle
Engender
Forum for the Empowerment of Women
Gay and Lesbian Memory in Action
Gay and Lesbian Network (PMB)’
Gay Umbrella
Gender Dynamix
Glorious Light MCC
Good Hope MCC
Hope and Unity MCC
IAM
Jewish Outlook
Out in Africa
OUT LGBT Well-being
OUT Rhodes
Rainbow UCT
SAYLO
The Inner Circle
Lesbian and Gay Equality Project
Triangle Project
Unisa Centre for Applied Psychology
XX/Y Flame