The rights of the LGBTQIA+ Community

Are the rights of the LGBTQIA+ community protected simply by the Constitution, or do public sector departments have their own inclusivity policies? By LOYISO MASUKU, member of the mayoral committee for Group Corporate and Shared Services at the City of Johannesburg Municipality stigmatisation and exclusion. To counter this, we should all collaborate with stakeholders and partners in our sectors to promote greater equality and inclusivity for the LGBQTIA+ community.

ARE WE DOING ENOUGH?

As stakeholders in the public sector, are we doing enough to promote the rights of the LGBQTIA+ community within state institutions? Should members of the LGBTQTIA+ community within the public sector rely on the Constitution alone for the protection of their rights, or should the public sector develop and advocate our own inclusivity and equality policies? The public sector can make a big difference if we also pursue the development of our own policies; responding to the realities we face daily.

The City of Johannesburg takes pride in being one of the leading municipalities in the country to advocate for the rights of the LGBTQIA+ community and their inclusion in the workplace.

Our human resources policies are clear that it is illegal to unfairly discriminate against employees or job applicants on the grounds of their sexual orientation in any employment policy or practice, including recruitment, promotion, training, benefits and termination. Employers are required to create a discrimination- and harassment-free workplace that provides equal opportunities for all employees.

In South Africa, Women’s Month is about remembering and honouring the heroics of women who protested against the atrocious pass laws, and the struggle they waged against the patriarchal, classist and racist society.

Their selfless actions nudged us closer to achieving the freedom we enjoy today.

Despite the successes in respect of women, we continue to witness the regrettable violation of human rights of the LGBTQIA+ community.

The City of Johannesburg has a long history of being home to many LGBTQIA+ activists at the forefront of the struggle for inclusivity and equality, including the late larger-thanlife Soweto-born Simon Tseko Nkoli, whose impact and work on the rights of the LGBQTIA+ community was so significant. As the City of Johannesburg, we honoured his memory by renaming a street in Hillbrow after him.

Nkoli was also the founder of the Gay and Lesbian Organisation of the Witwatersrand (GLOW) and the organiser of Johannesburg and Africa’s first gay parade in 1990, a highlight on the Johannesburg social and cultural calendar. Nkoli and fellow GLOW founder Beverley Palesa Ditsie had a major influence on how South Africa’s Constitution protects, defends and embraces the rights of the LGBTQIA+ community.

Through their efforts, South Africa became one of the first countries worldwide to outlaw discrimination based on gender and sexual orientation. Our Constitution prohibits unfair discrimination based on sexual orientation in the workplace. The Employment Equity Act (EEA) also requires employers to take steps to promote equality in the workplace and deems unfair discrimination unlawful.

Discrimination Remains An Issue

The past three decades have seen numerous progressive gains for the LGBQTIA+ community in South Africa, including the legalisation of same-sex marriages in 2006 and the provision of transgender healthcare services, among others. However, the LGBTQIA+ community remains a vulnerable group, facing daily discrimination,

The city’s transformation mandate is to ensure that our workplace comprises diverse employees irrespective of their sexual orientation or sexual preference as well ensuring that there is diversity and implementation of inclusion in the workplace through education and awareness creation.

We are currently working on a Diversity and Inclusion (D&I) Awareness programme in partnership with the Commission for Gender Equality (CGE) to create a tolerant and conducive work environment as well as promote social cohesion among the city’s employees. This awareness programme will also bridge the gap around the lack of education on and understanding and tolerance of the LGBQTIA+ community.

The city is also working on a Group Anti-Harassment Policy Framework to institutionalise our fi ght against various forms of harassment, including gender-based harassment or harassment relating to sexual orientation. Further, the talent acquisition sub-directorate is currently training offi cials, who are eligible, to sit on the recruitment panels for interview etiquette, including gender sensitivity. The aim is to address subtle exclusion and side-lining of candidates due to sexual orientation or gender identity.

We still need to do more to raise public awareness about the rights of the LGBQTIA+ community and to normalise acceptance and inclusivity.