Trans South Africans Urge Government To Do More To Protect Them

South Africa on March 21 marked its Human Rights Day, notably known as Sharpeville Day in Vereeniging to commemorate those who died in 1960 during the Apartheid regime as they fought for democracy.

Although South Africa is one of the most progressive countries in the world when it comes to the advancement of LGBTQ+ rights, many trans people feel as though the government has not done enough to protect them.

One of the most pertinent issues about which trans people often complain is the lack of urgency around hormone therapy within the public health care system and the Department of Home Affairs’ lackadaisical approach when it comes to gender identity on their national identification cards, as ‘Washington Blade’ writes.

Zade de Kock is a trans nonbinary person who has lived in South Africa since the beginning of 2019.

“I have learnt to understand that I don’t feel comfortable identifying with the gender that I was assigned at birth,” said de Kock. “This means that the gender marker on my birth certificate does not accurately define who I am. This is unfortunately the only document that inaccurately defines me, things like my bank card, passport, and any official website that may need my ID number immediately label me incorrectly. This causes major gender dysphoria which is detrimental to my mental health and it is something that cis-gender people could never fully grasp.”

“It’s undeniable that South Africa has been quite progressive compared to other countries when it comes to understanding the lives of the LGBTQ community but as our community grows so should the understanding of those around us,” added de Kock. “Transgender and nonbinary people of South Africa need to be understood and respected for the humans we are. We are members of every society and we are contributing to life and bliss just like everyone else. We demand to be seen, thus, we ask that we get recognized on official documentation.”

Image Credit: Pixabay

Iranti, an LGBTQ+ rights group, said it is now important to sit down with policy makers to ensure LGBTQ+ people are not left behind.

“Whilst we celebrate gains that affirm human rights, such as the National Assembly finally passing the Prevention and Combating of Hate Crimes and Hate Speech Bill, which aims to clamp down on various forms of hate speech in South Africa as well as … the Human Rights Commission’s recent Equality Court victory against racist and homophobic musician Steve Hofmeyr for his hateful, homophobic statements regarding LGBTIQ persons, we cannot ignore the ways in which the state continues to fail the LGBTIQ community,” Iranti Communications and Media Manager Nolwazi Tusini said.

“In South Africa, no express law exists for transgender and nonbinary persons to amend their gender markers on their identification documents, except for Act 49. Act 49 allows transgender persons, who have begun their medical transition, (hormonal or surgically) and intersex persons to change the sex descriptor on their identity documents, to reflect their gender identity. This law has been challenged by trans and intersex movements, who have applied for amendments with the DHA (Department of Home Affairs),” Tusini further noted. “The DHA has since promised that the soon to be published National Identification and Registration Bill of 2022 will finally resolve issues of legal gender recognition by removing gender markers from South African identity numbers. Iranti is looking forward to offering public comment to this bill and hopes that the passing of this bill will not be delayed for four years, as happened with the crucial Hate Crimes Bill.”

Tusini also complained about the manner in which intersex babies and children still undergo surgeries to make their sex characteristics fit the male or female binary.

“IGM (Intersex Genital Mutilation) still takes place in several hospitals in South Africa, under other names like corrective surgery, causing severe mental and physical pain and suffering as there is no current law that makes IGM unlawful in South Africa,” Tusini noted. “We need legal protection for intersex people, and we are requesting a sit-down discussion between ourselves and policy makers to put an end to this practice. There is no health risk to being intersex. Children should be allowed to decide for themselves what should happen to their bodies.”

“We reiterate our call for President Cyril Ramaphosa to explicitly commit dedicated State officials and State resources to ensure an end to discrimination and violence against LGBTQI people, as envisaged by our constitution,” Tusini added. “This is crucial in order to promote respect for basic human rights for all and restore and uphold human dignity in line with the Bill of Rights, as promised by the presidency in a recent press release.”

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