SOUTH AFRICAN GOVERNMENT VIOLATES CONSTITUTION AT THE UNITED NATIONS
GENERAL ASSEMBLY

On 16th November 2010, South Africa’s representatives at the United
Nations General Assembly voted to exclude “sexual orientation” from a
resolution on extrajudicial, summary or arbitrary executions of
people.

South Africa’s vote violates among others the constitutionally
enshrined right to life, equality and dignity for all. Parliament has
explicitly protected all people including LGBTI people against
discrimination in a range of laws including those governing employment
equity, unfair labour practices, medical schemes and asylum status.
This votes violates the will of the national legislature.

The Constitutional Court has abolished the death penalty and ruled
against the criminalisation of consensual sex between men. It has also
enforced the right to equality, dignity and privacy of lesbian, gay,
bisexual, transgender and inter-sex people in its jurisprudence. This
vote transgresses the explicit decisions of the Constitutional Court.

Sexual orientation as one of the grounds on which extrajudicial,
summary or arbitrary executions may not be carried out has been
included in this UN resolution for the last ten years.

Irrespective of the intention of the South African government’s
representatives, this vote at the United Nations will be used to
justify the criminalisation of people on the basis of their sexual
orientation and gender identity. In its impact, this resolution
sanctions jail sentences, the death penalty in all its forms including
summary executions.

South Africa’s egregious error against lesbian, gay, bisexual,
transgender and inter-sex people at the United Nations cannot go
unchallenged.

We do not believe that this vote is the official position of the
government and therefore call on President Jacob Zuma and Minister
Maite Nkoana-Mashabane to immediately:

1. Issue a public apology for a vote that violates the Universal
Declaration of Human Rights, the African Charter on Human and Peoples’
Rights and the Constitution;
2. ASk Ambassador Baso Sanqu to clarify his position in writing to the GLBTi community of South Africa.

3. Issue a clear statement on equality on the basis of sexual
orientation and gender identity to all South African Missions abroad.