subject of asylum-seekers who may have fled persecution without the ‘requisite’ documentation and the need for sensitisation of immigration officials in this regard. The rights of cultural and religious communities to enjoy their culture and practice their religion are protected in section 31(1) of South Africa’s Constitution. However, section 31 (2) of the Constitution makes it clear that this protection does not extend to practices that violate other constitutional rights. The SAHRC therefore expresses concern that certain traditional and cultural practices may be misconstrued as encouraging the violations of the rights of women and LGBTI persons. In particular, elements of traditional, cultural and religious beliefs that emphasise heteronormativity and assign gender stereotypical, dominant or submissive roles contribute towards the marginalisation and victimisation of LGBTI persons. This is exacerbated by false claims that LGBTI persons are sinful and harmful to traditional values ‘un-African’, and are that they are contributing to the moral and ethical degeneration of society. These discriminatory beliefs have also found to be more prevalent are in rural areas which tend to be more conservative and traditional. The SAHRC further alerts the Committee to the phenomenon of rape’, ‘corrective where LGBTI persons are violently attacked and raped to them of their sexual ‘cure’ orientation. Black lesbian women have found to be particularly vulnerable to these form of attacks, which are often perpetrated to dehumanise women who do not conform to the traditional norm of an woman’. The SAHRC expresses ‘African concern that many of these attacks are not reported as victims fear secondary victimisation due to societal intolerance towards LGBTI persons. Through its advocacy initiatives, the SAHRC’s provincial offices have reported lack of education and acceptance of LGBTI rights, particularly in rural areas. It further noted that negative cultural and religious beliefs have reinforced discrimination against LGBTI persons and that such beliefs hamper the full acceptance and integration of LGBTI persons in the community. Whilst the SAHRC is aware of the initiatives undertaken by government to combat the negative stereotypes and violent attacks on LGBTI persons, it reiterates the need for dedicated legislation addressing hate crimes in South Africa. Recommendations to the Committee
subject of asylum-seekers who may have fled persecution without the ‘requisite’ documentation and the need for sensitisation of immigration officials in this regard. The rights of cultural and religious communities to enjoy their culture and practice their religion are protected in section 31(1) of South Africa’s Constitution. However, section 31 (2) of the Constitution makes it clear that this protection does not extend to practices that violate other constitutional rights. The SAHRC therefore expresses concern that certain traditional and cultural practices may be misconstrued as encouraging the violations of the rights of women and LGBTI persons. In particular, elements of traditional, cultural and religious beliefs that emphasise heteronormativity and assign gender stereotypical, dominant or submissive roles contribute towards the marginalisation and victimisation of LGBTI persons. This is exacerbated by false claims that LGBTI persons are ‘un-African’, sinful and harmful to traditional values and are that they are contributing to the moral and ethical degeneration of society. These discriminatory beliefs have also found to be more prevalent are in rural areas which tend to be more conservative and traditional. The SAHRC further alerts the Committee to the phenomenon of ‘corrective rape’, where LGBTI persons are violently attacked and raped to ‘cure’ them of their sexual orientation. Black lesbian women have found to be particularly vulnerable to these form of attacks, which are often perpetrated to dehumanise women who do not conform to the traditional norm of an ‘African woman’. The SAHRC expresses concern that many of these attacks are not reported as victims fear secondary victimisation due to societal intolerance towards LGBTI persons. Through its advocacy initiatives, the SAHRC’s provincial offices have reported lack of education and acceptance of LGBTI rights, particularly in rural areas. It further noted that negative cultural and religious beliefs have reinforced discrimination against LGBTI persons and that such beliefs hamper the full acceptance and integration of LGBTI persons in the community. Whilst the SAHRC is aware of the initiatives undertaken by government to combat the negative stereotypes and violent attacks on LGBTI persons, it reiterates the need for dedicated legislation addressing hate crimes in South Africa. Recommendations to the Committee
INT_CERD_IFN_ZAF_24639_E.docx