Date: Sat, 4 May 1996 13:57:06 EDT From: International Gay Lesbian Human Rights Commission Subject: SA Constitution INTERNATIONAL GAY & LESBIAN HUMAN RIGHTS COMMISSION 1360 Mission Street, Suite 200 San Francisco, California 94103 USA Tel. +1-415.255.8680 Fax +1-415.255.8662 e-mail: iglhrc@igc.apc.org --- *Press Release* --- ****HISTORIC SOUTH AFRICAN BILL OF RIGHTS INCLUDES SEXUAL ORIENTATION**** For Immediate Release May 1, 1996 Contact: Kagendo Murungi or Rachel Rosenbloom (415) 255-8680 In a historic first, lesbians, gay men, and bisexuals will be constitutionally protected by a national constitution. Effective May 8, 1996, the South African Bill of Rights will protect lesbians, gay men, and bisexual people from discrimination by both the state and the private sector. The REquality ClauseS of the Bill of Rights protects persons from unfair discrimination on the basis of Rrace, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, and birth.S It is the legacy of the anti-apartheid struggle which created a serious commitment to the elimination of discrimination on any basis in South Africa. Gay, lesbian, bisexual and transgendered persons have played key roles in both the liberation struggle and in the creation of a new South Africa. As a result of these two factors that South Africans will now enjoy the historic Constitutional protection of the rights of gay men, lesbian, and bisexual people. The International Gay & Lesbian Human Rights Commission (IGLHRC) welcomes this significant acheivement in the history of global movements for human rights and social justice. "We applaud the people of South Africa for their commitment to the human rights of all people, and wish to convey our heartfelt congratulations. This legislation marks a crucial milestone in the struggles of lesbians, gay men, bisexual people all over the world. It sets a precedent for similar legislation pending in Poland, whose draft constitution also includes sexual orientation in its non-discrimination clause," said IGLHRC Program Associate, Kagendo Murungi. The inclusion of sexual orientation as an enumerated right in the South African Bill of Rights was achieved through the combined efforts of gay men and lesbians and allies who were involved in the initial constitutional lobbying process. It resulted from the commitment of the African National Congress (ANC) which constitutes over sixty per cent of the constituent assembly, and from the support of leading liberation figures including President Nelson Mandela who on the occasion of his inauguration as State President on May 9, 1994 included lesbians and gay men as equally protected citizens in his vision for a new South Africa. Archbishop Desmond Tutu strongly urged the constitutional assembly to retain the clause in the Bill of Rights, and has recently stated that rejection of gays and lesbians by the church is "nearly the ultimate blasphemy." The inclusion of Sexual orientation in the Bill of Rights was secured by the the efforts of individual gay men and lesbians throughout South Africa. The central lobbying body for the retention of sexual orientation as an enumerated right in the Bill of Rights was the National Coalition for Gay and Lesbian Equality (NCGLE). NCGLE was formed in December 1994 for the express purpose of uniting the existing gay and lesbian organizations for this purpose. NCGLE organized lobbying delegations of lesbians and gay men from every racial and language group; coordinated letter writing, petition, and postcard campaigns; and prepared legal submissions to the Constitutional Assembly supporting the sexual orientation clause. Letters, postcards, and petitions sent to the Constitutional Assembly from all over South Africa were 13 to 1 in favor of the retention of sexual orientation in the Bill of Rights. While the ANC was unwavering in its support, and all other parties were thoroughly and effectively lobbied by the NCGLE, the major opposition to the inclusion of sexual orientation in the Bill of Rights came from the African Christian Democratic Party (ACDP), a right-wing fundamentalist organization, who argued that homosexuality violates Christian tenets as set out in the Bible and therefore should not be protected by the Constitution. In the end, no other political party opposed the inclusion of sexual orientation in the Bill of Rights. Victory celebrations are planned throughout the country and the National Coalition for Gay and Lesbian Equality is seeking messages of support and congratulations from organizations and individuals throughout the world to commemorate this historic event. The NCGLE requests that these be sent preferably by e-mail or fax by May 3 or as soon as possible to: National Coalition for Gay and Lesbian Equality P.O. Box 1984 Joubert Park 2044 South Africa via e-mail: coalgr@aztec.co.za fax: 011-27-11-339-7762 ------------------------------------------------------------------ The International Gay & Lesbian Human Rights Commission (IGLHRC) documents, monitors, and mobilizes responses to human rights violations against gay men, lesbians, bisexuals, transgendered people and people with HIV/AIDS worldwide. ------------------------------------------------------------------