Picture: Abubaker Lubowa/REUTERS/Taken on April 4, 2023 – Quin Karala, 29, a member of the lesbian, gay, bisexual, transgender, queer and intersex (LGBTQI) community and a single mother of one poses for a picture with rainbow colours at the offices of Rella Women’s Empowerment Programme for LGBTQ rights advocacy, after a Reuters interview in Kulambiro suburb of Kampala, Uganda. South Africa’s foreign policy of non-interference should not come at the expense of human rights and the fight for equality and justice, the writer says.
By Melusi Simelane
In the past several months, South Africa’s foreign policy has been in the spotlight for essential and existential reasons that significantly impact geopolitics and the Continent’s stability.
The foreign policy for South Africa discussion document by the Department of International Relations highlights the “advancement of human rights and the promotion of democracy” as the pillars on which South Africa’s foreign policy rests. This document emphasises the role that South Africa is expected to play in the “promotion of human rights and democracy”.
Minister Pandor echoed this document in her 2022 end-of-year remarks.
“We will continue with our unwavering position to advocate for a balanced Sustainable Development Programme within the human rights framework as underlined in the Vienna Declaration and Programme of Action (VDPA). In this regard, South Africa will be one of the chief proponents of a balanced agenda of the HRC, which reflects, among others, the primacy of achieving the realisation of the right to development as well as moral human rights issues such as the eradication of poverty and underdevelopment.”
South Africa has long been known for its commitment to human rights and its leadership in the fight against apartheid. However, its foreign policy continues to be viewed as ambiguous and nonresponsive to developments in African affecting the growth of the Continent.
In 2021, President Ramaphosa – as Chair of the SADC Organ Troika – committed to a national political dialogue in eSwatini to resolve the political killings in that country. However, the South African government has never followed up or called on the eSwatini government to adhere to its commitment, even as renowned human rights lawyer Thulani Maseko was mercilessly assassinated in January 2023. At the very least, this has not been seen publicly, which would be comforting to those political activists and citizens constantly living in fear in eSwatini.
On Monday, 29 May 2023, the president of Uganda enacted the draconian Anti-Homosexuality Bill. The new law is a throwback to colonisation, where religious fanatism was the basis for the persecution and killing of many Africans. While Africa seems to take the posture of ‘fighting against imperialism’, it is saddening that this law is the brainchild of American zealots funding hate across Africa, whether it is in Uganda, Ghana, Kenya, Malawi, or Namibia. These zealots, The Fellowship Foundation and many others, are well co-ordinated in their attacks on the judiciary and the African human rights framework, backed by the seventy-five-year-old Universal Declaration of Human Rights.
In an era where Africa is seen to be taking a stance against imperialism, I shudder to contemplate that hate may be the only imperialist agenda Africa is not actively standing up against. We know the history of petty offences like homelessness and loitering, sedition laws, and anti-LGBTI laws. These are remnants of colonisation to keep Africa inferior and the colonial masters superior. Today, the hate continues through repressive and backwards sentiment being paraded as religious values. Uganda’s anti-homosexuality law criminalises what it calls ‘aggravated homosexuality’ with the death penalty. It would be hard to imagine what ‘aggravated homosexuality’ even means.
This is another opportunity where South Africa’s posture and foreign policy must be spotlighted. With the growing conversation about the ICC arrest warrant of President Putin, South Africa has reiterated its foreign policy as non-alignment and non-interference.
However, when the question of human rights and democracy is at play, all must take a stand. This law has been widely criticised by human rights organisations and the international community for violating the rights of LGBTIQ+ individuals and hindering the fight against HIV. It further impedes what Minister Pandor called the ‘balanced agenda of the HRC’, which speaks to sustainable development within the human rights framework.
It should be worrying if South Africa continues to maintain a policy of non-alignment and non-interference in the face of the new law in Uganda. While this policy may have its merits, it raises questions about South Africa’s commitment to human rights and its role as a leader in Africa. A foreign policy that neglects the promotion of human rights and democratic principles is hypocritical. On the one hand, South Africa is seen as a leader in promoting LGBTQI+ rights and has one of the most progressive constitutions in the world regarding protecting the rights of LGBTQI+ individuals. However, on the other hand, it has failed to take a strong stance against Uganda’s anti-homosexuality law, which is a clear violation of human rights.
By maintaining this policy, South Africa is essentially condoning Uganda’s anti-homosexuality law and undermining the fight for human rights in Africa. This is particularly concerning given South Africa’s leadership role in the African Union and its commitment to promoting human rights and democracy.
South Africa’s foreign policy regarding Uganda’s anti-homosexuality law raises questions about its commitment to non-alignment and human rights in Africa. While non-interference may have its merits, it should not come at the expense of human rights and the fight for equality and justice.
South Africa must take a stronger stance against Uganda’s anti-homosexuality law and work towards promoting human rights and democracy in Africa.
*Melusi Simelane is Civic Rights Programme Manager at the Southern Africa Litigation Centre (SALC).