South africa and ten jurisdictions in the united states of america the. The bill was introduced in 2016 and sits before the south african national assembly. Violence against lgbt community in south africa the borgen. A new category of vulnerable victims for a new south africa. Crimes based on sexual orientation are not expressly recognized in south africa. The results have emerged as south africa faces continued incidents of violent hate crimes against lgbti people and growing antilgbti intolerance and hate speech on social media. It was found that antigay hate crimes are still prevalent, and that confidence in the police was found to be low with most cases going unreported. Though murder rates of more than 60 appear to be exceptionally rare, from. South african human rights commission v jonathan dubula qwelane eq442009eq2012 18 aug 2017. Corrective rape, hate crimes, and the law in south. Our new constitutional order is based on the powerful principle that recognises the inherent worth and dignity of each person violence against women on the.
Heres what you need to know about south africas hate speech bill heres how you can have your say on the prevention and combating of hate crimes and hate speech bill. Hate crimes working group 2010recommendations on hate and bias crime legislation. This follows repeated calls by civil society for an appropriate. Most victims of hate crime in sa are black male and foreign 08 february 2018 14. Corrective rape, hate crimes, and the law in south africa july 20 1. Apr 27, 2014 this program is an effort to create an education program aimed at promoting respect for the lgbt community in south africa.
Shocking scale of lgbt discrimination in south africa revealed. Chapter pdf available january 2005 with 2,042 reads how we measure reads. The key differences between hate speech and free speech in south africa what you can and cant say in south africa remains a divisive issue. During this period, in south africa, racist statements.
In south africa, hate crime is not a recognized crime category. However, the south african government is taking steps to combat the hate crimes and. Of racially motivated hate crime offenses committed in 2015, 48% were by white perpetrators, 24% by black perpetrators. This briefing draws on research conducted in gauteng province, south africa to investigate antigay hate crimes, reporting practices and experiences of the police. According to breen and nel 2011, the current legislation and policy frameworks in south africa are insufficient to address hate crimes and homophobic violence in the country. Although it was created in direct response to the increase of hate crimes against lesbian, gay, bisexual, transgender and intersex lgbti people in south africa, the policy covers all forms of hate crimes, including xenophobic and racist attacks and hate speech. This program is an effort to create an education program aimed at promoting respect for the lgbt community in south africa. South africas law to stop hate crimes against gays.
Exploring hate crime in postapartheid south africa by bronwyn harris race and citizenship in transition series, 2004. Shocking new stats show that south africans are becoming. Understanding xenophobic hate crime in south africa. The prevention and combating of hate crimes and hate. To give effect to the republics obligations in terms of the constitution and international human rights instruments concerning racism, racial discrimination. A specific component of this programme was to gather current data on the prevalence of lgbt discrimination and hate crimes in south africa. In december 2009, there had been 31 recorded murders of lesbians in south africa since 1998, but only one had resulted in a conviction. There is substantial advocacy that south africa should adopt a separate category of legislation addressing hate crimes or crimes that are motivated by prejudice against an individual, which is not yet a part of south africas legislative framework. Hate crimes working group hate crimes working group. Republic of south africa prevention and combating of hate crimes and hate speech bill as introduced in the national assembly proposed section 75. The study pointed out different factors which contributed to high levels of violence. Six hate crimes that shocked south africa the times. A total of 2, south africans participated in the online study, which is believed to be the firstever national research on lgbt discrimination and hate crimes. A new report, five years in the making, has exposed the devastating nature of hate crimes in south africa, where lgbt people remain among the most vulnerable groups.
Causes and motivations of hate crime equality and human rights commission. Bronwyn harris is a former project manager at the centre for the study of violence and. Violence against lgbt community in south africa the. Prevention and combating of hate crimes and hate speech bill. Out has taken responsibility for leading the research process through a partnership with nudge who conducted the research. The prevention and combating of hate crimes and hate speech bill has been tabled in parliament, with a number of major changes included since the bills first introduction in 2016. Six hate crimes that shocked south africa 09 february 2018 06. Prior to this incidences of hate speech had received some attention however, not in the scale that they did in the beginning of 2016. Its very important to have hate crime legislation passed, but thats just the start, said juan nel from the hate crimes working group, in a panel discussion following the reports release. Hate crimes case examples hatecrimes department of justice.
Yet, as the country rightly speaks out against racism, it appears that these increasing levels of homophobia are not being addressed by our society with the same. Heres what you need to know about south africas hate speech. Access to justice for lesbian, gay, bisexual and transgender. Apr 16, 2018 the prevention and combating of hate crimes and hate speech bill has been tabled in parliament, with a number of major changes included since the bills first introduction in 2016. This chapter considers the appropriateness of hate crime as a reporting and sentencing category for postapartheid south africa and contextualises controversies surrounding proposed anti hate. The south african national lgbti hiv plan, 20172022 lgbti hiv plan is a milestone in the countrys response to hiv, aids, stis, and tb. Examples of hate crimes in south africa include sexual. Understanding how the public views this issue helps us better understand how it can be resolved. Based on 394 interviews in the eastern cape, gauteng, kwazulunatal, limpopo and. Bronwyn harris is a former project manager at the centre for the study of violence and reconciliation. The south african government is currently developing legislation on hate crimes. The hate crimes working group hcwg has called on government to fast track passing the prevention and combating of hate crimes and hate speech bill into law.
The rise of corrective rape in south africa sexual orientation and human rights human rights violations targeted at people because of their sexual orientation are a global phenomenon. Media briefing by minister michael masutha on the prevention and combating of hate crimes and hate speech bill 24 oct 2016 prevention and combating of hate crimes and hate speech bill, gg 40367, gen 698 24 oct 2016 relevant judgements. It is meant to explain, in laypersons terms, the scope and nature of. The ongoing impact of a racist and violent past continues to play out through incidents of racist hate crimes and expressions of xenophobia. For more information, visit the hate crimes working group website at za.
Jun 30, 2016 the results have emerged as south africa faces continued incidents of violent hate crimes against lgbti people and growing antilgbti intolerance and hate speech on social media. The common intended consequence of the rape, as seen by the perpetrator, is to turn the person heterosexual or to enforce conformity with gender stereotypes the term corrective rape was coined in south africa after. South africa, but are poorly documented justice forum. July 2016 before looking more closely at the nature and dynamics of hatemotivated victimisation including both hate incidents and hate crimes. Corrective rape, also called curative or homophobic rape, is a hate crime in which one or more people are raped because of their perceived sexual orientation or gender identity. Landau 2011 exorcising the demons within, xenophobia, violence and statecraft in contemporary south africa. Supplement to the final report of the study on the violent nature of crime in south africa produced by the centre for the study of violence and reconciliation csvr for the justice, crime prevention and security jcps cluster submitted to the minister of safety and security 7 april 2009. Hate speech and free speech are two entirely different. The rise of corrective rape in south africa hate crimes. The report hate crimes against lesbian, gay, bisexual and transgender lgbt people in south africa, 2016 was launched on tuesday in pretoria by out lgbt wellbeing and the love not hate campaign. The first is that the act is considered a crime under existing south african criminal law such as arson, damage to property, assault, rape or murder. Lack of support and familial homophobia throughout south africa, identifying as lgbt is an extreme source of stigma and alienation. The paper identifies determinants of public attitudes towards anti. The rise of corrective rape in south africa actionaid uk.
Six hate crimes that shocked south africa sowetanlive. Pdf the south african government is currently developing legislation on hate crimes. Why does south africa have such high rates of violent crime. The rise of corrective rape in south africa on sunday 7 july 2007, the bodies of sizakele sigasa and salome massooa were found in a field in meadowlands, close to the johannesburg township where they both lived.
New report reveals critical need for hate crimes law in sa. Heres what you need to know about south africas hate. This training drive resulted in the successful uptake of the monitoring form in a few organisations which are now able to monitor and record hate crimes within their constituencies. Nov 29, 2016 the research comes just weeks after the government published draft legislation that aims to criminalise hate crimes and hate speech in south africa. Crimes in south africa come in various forms with different consequences. South africa recorded murder at a rate of 60 per 100 000 in the late 1990s but since then rates have steadily declined reaching a low point for the post 1994 period of 39 per 100 000 in 20072008. This follows repeated calls by civil society for an appropriate response to the apparent scourge of hate and bias. In february 2007, the centre for the study of violence and reconciliation was contracted by the south african government to carry out a study on the nature of crime in south africa. Violent and nonviolent crimes in south africa have been ascribed to. Each includes a link to a doj press release, with additional information. South africas law to stop hate crimes against gays inter. The hate crimes working group is a civil society collective with the organisations on the following page forming part of the steering committee.
Crimes detected as a result of police action cover crimes discovered by active policing, such as roadblocks and raids. Graham williamson and louie revette, of seminary, mississippi, were sentenced for a racially motivated crossburning in a predominantly africanamerican residential area. South africa does have the best recognition for gay rights on the continent, but these brutal attacks and rapes are still on the rise. Shocking new stats show that south africans are becoming more. New major changes to hate speech bill heres what it. Violent hate crime in south africa introduction this report is a submission to the office of the high commissioner for human rights ohchr for consideration in its summary of stakeholder submissions for south africas appearance. Here we highlight a number of complexities, in both defining and dealing with hate. Below is a selection of representative federal hate crimes case summaries. He said the new law would create a separate criminal category for hate crimes. Countries such as the us, uk and eu legislation, crimes which are committed for a racist or xenophobic purpose, are punishable as a substantive criminal offence.
The hate crimes monitoring project, which aims to determine and describe the nature and extent of hate crimes in south africa, is managed by the research subcommittee of the hcwg, led by the unisa department of psychology and supported by ubora research solutions together with local and international experts. Here are 10 of the most feared crimes in south africa. The prevention and combating of hate crimes and hate speech bill is a bill aimed at reducing offensive speech and curbing hate crimes in south africa. Hate crimes against lesbian, gay, bisexual and transgender. It should be noted that despite the nonrecognition of hate crime as a specific category of criminal conduct in south african criminal law, hatespeech provisions.
Graham williamson and louie revette, of seminary, mississippi, were sentenced for a racially motivated crossburning in a. This report focuses on the results of this research. Some of the stated intentions of the legislation include to provide for the prevention of hate crimes and hate speech and to provide for effective. A national, multisectoral effort to address the linked hiv, tb and sti epidemics among lesbian, gay, bisexual, trans and intersex lgbti people is. While hate crime is not recognised as a separate crime category in current south african legislation, media reports on incidents of prejudicemotivated hate.