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Media Advisory: SAHRC Northern Cape Provincial Office to Conduct Stakeholder Engagements on Sexual Orientation, Gender Identity and Expression

17 February 2023

Attention: Editors and Reporters

The Constitution of the Republic of South Africa, 1996 (the Constitution) recognises equality as a value which informs basic rights, and it also protects the right to equality as enshrined in section 9. Section 9 prohibits discrimination on the basis of amongst others, gender, sex, and sexual orientation. In line with section 9(4) of the Constitution, the State has promulgated a legislation which promote equality and prevent unfair discrimination, namely, the Promotion of Equality and Prevention of Unfair Discrimination Act No. 4 of 2000 (Equality Act). The Equality Act makes it unlawful to unfairly discriminate against anyone on the prohibited grounds of gender, sex, and sexual orientation. The Act also prohibits harassment, hate speech, and the dissemination and publication of unfair discriminatory information on the basis of these discriminatory grounds.

Protection of rights on the basis of sex and sexual orientation is also recognised internationally. In 2006, in Yogyarta, Indonesia, a group of human rights experts developed a set of international law principles in relation to sexual orientation and gender identity, which are known as The Yogyarta Principles. The Yogyarta Principles recognises that all human rights are universal, interdependent, indivisible, and interrelated; that all humans are born free and equal in dignity and rights, and that sexual orientation and gender identity are integral to every person’s dignity and humanity and must not be the basis for discrimination or abuse.

In 2014, the African Commission on Human Rights and People’s Rights (ACHRP) adopted Resolution 275 on Protection against Violence and other Human Rights Violations against Persons on the basis of their real or imputed Sexual Orientation and Gender Identity to advance the rights of lesbian, gay, bisexual, transgender, intersex, queer (LGBTIQ+) persons and/or community.

Despite the legal protections, the reality is that most LGBTIQ+ persons face discrimination and violence on the basis of their real or perceived Sexual Orientation, Gender Identity and Expression. This discrimination takes various forms within communities, organisations, and formations in society; and may sometimes be obvious or unconscious, covert or may actually be in policies or manifest in the discriminatory implementation of policy. Overt discrimination is noted where people are bullied, intimidates, called derogatory names, and subjected to sexual assaults and physical violence that can result in death.  

Against this background, the Northern Cape Provincial Office hereby wishes to conduct a Stakeholder Engagement on Sexual Orientation, Gender Identity and Expression for local community-based organisations, non-governmental organisations, and civil society organisations in Springbok. The Stakeholder Engagement is scheduled to take place as follows:
Date                                                 :             Friday, 17 February 2023
Time                                                 :             10:00 AM to 13:00 PM
Municipal Area and Town           :             Nama Khoi Local Municipality, Okiep

The purpose of the Stakeholder Engagement on Sexual Orientation, Gender Identity and Expression is to:
•    promote respect for human rights;
•    promote and/or encourage tolerance, inclusion and promote diversity;
•    create awareness about the rights of the LGBTIQ+ persons;
•    reduce and eliminate biases, discrimination and hate speech against the LGBTIQ+ persons;
•    To educate about the role played by different institutions in promoting and protecting the rights of the LGBTIQA persons;
•    To advance the right to equality and promote the functionality of the equality courts.

Prepared by the Northern Cape Provincial Office of the South African Human Rights Commission.

For further information contact Mr. Anthony Wyngaard, Acting Provincial Manager, at Tel: 054 332 3993 / Cell: 074 134 6972; Email: This email address is being protected from spambots. You need JavaScript enabled to view it. or Buyisile July, Advocacy and Research Consultant at Tel: 054 332 3993 / Cell: 072 949 7578 ; Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

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The Human Rights Commission is the national institution established to support constitutional democracy. It is committed to promote respect for, observance of and protection of human rights for everyone without fear or favour.

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