Hate crime bill gathers dust while LGBTQI+ citizens face discrimination and death – IOL
Cape Town – While the LGBTQI+ community continues to face killings, discrimination and social ostracism, a bill that could allow the justice system to deal with perpetrators and authorities to track the phenomenon and plan interventions is gathering dust in Parliament.
The Prevention and Combating of Hate Crimes and Hate Speech Bill is seen as the cornerstone for protecting the rights and lives of members of the LGBTQI+ community.
The bill was approved by Cabinet members and tabled in Parliament in 2018. Since then, there have been no indications of when it will be approved.
Once passed, the bill creates a legal definition of hate crimes, as there is only a working definition and no legal definition. It would compel authorities to collect and report details about hate incidents for the effective monitoring, analysis of trends and appropriate interventions needed. Hate would also be considered an aggravating factor in sentencing and would send a strong message to perpetrators.
While the bill catches dust, gays, transgender people and lesbians live in fear while others are killed for their sexuality. Last month, a 27-year-old lesbian was attacked by a group of men in Strand on Saturday night while walking home. The woman was attacked due to her sexuality.
Lonwabo Jack, 24, from Nyanga and another 24-year-old from Khayelitsha were murdered last month. They were both openly gay and it is suspected that their murders were due to their sexual orientation.
Sollennu, a non-profit organisation that seeks to fight GBV and LGBTQI+ crimes in the community of Harare, marched to Harare police station and Michael Mapongwana Clinic to submit demands.
Part of the demands included offering training or workshops for government officials, and facilities for the LGBTQI+ community. These demands could not be achieved without the passing of the bill, said Nombongo Kayi.
“The demands stated above cannot be achieved alone without the approval of Hate Speech & Hate Crime Bill that has been left in the dust in Parliament since 2018. The bill would assist in combating hate crimes for LGBTQI+. Also, Parliament should embark on consultative meetings with the LGBTQI+ community for inputs from the community as we believe that Nothing About Us Without Us.”
On Thursday, the Department of Justice held a press briefing where they provided an update on the bill and other issues. The briefing did not provide clear answers or give time lines of when the bill will be discussed in Parliament or approved.
Sharon Cox from the Triangle Project, a non-profit human rights organisation offering professional services to ensure the full realisation of constitutional and human rights for LGBTQI+ persons, their partners and families said the conference demonstrated the inability on the part of the government to act decisively and the complete disregard for civil society.
“Triangle Project is outraged at the continued lack of political will that the Department of Justice continues to show towards the Hate Crimes Bill and the complete disregard for the lives of LGBTQI+ people who have been taken, based on prejudice. It is not acceptable to have a young person attempt to take his life four times in only 13 short years because of a schooling environment that doesn’t allow him to be who he is. It is not acceptable for a young teenager to have to change schools and have to adjust at this stage of her schooling because her previous school refused to accept her humanity. This is violence, too.”
She pleaded with the department to treat the matter as urgent.
Weekend Argus