The Individuality aspect in Pride

As the month draws to an end, one cannot stop to marvel at the events that made June an amazing month. This month has definitely united scores of people. These people shared different backgrounds, different ethnic groups and different sexual orientations.

This past weekend the Rock of Hope Eswatini, through funding and sponsorship from both local and international organisations; was able to successfully host its 2^nd Pride event. This event was marked with joy, an aura of jubilance and that of embracing sexual and cultural diversity and ethnicity. Throngs of people came out to participate in the event, but what made it worthwhile was how people dressed and embraced the rainbow flag colours in their outfits.  

Although the actual day was met with an atmosphere of elation, what many do not understand was the doubt that lingered over the whole event; in the previous weeks. This can be attributed to the delays in securing a street.  Delays In my view can be ascribed to dilatory tactics which were employed in the form numerous procedural requests during the application process. Thousands of people waited in anticipation to get the go-ahead that a street had been approved for a public parade. The calls were endless, messages flooded in until at-last, the street was granted. This was the first of many achievements The Rock of Hope hurdled across in-order to successfully host pride. Perseverance has and continues to be the core attitude in our work.

The essence of Pride day is in-fact the parade itself. Ever noticed how as humans we always parade our achievements? How we show it off to our counterparts? How each achievement brings joy to our hearts; now that is the essence of pride.  Each stride has meaning, each step embracing the whole concept of being Proud.  As queer identifying individuals and queer supporters joined in song together to celebrate their diversity, it no-longer became an individual affair but more of a communal affair; with individual significance. 

A few weeks ago, I had the opportunity to have engagements with Waterford Kamhlaba college pupils and staff during their pride week. One of the, discussions on the day were about sexual diversity and how it infiltrates into the livelihoods of individuals.  The diverse culture present in the school tends to remind one of how as a society we live in a communal setting but we are diverse and specific individuals. At the end of the day; it is all about that one particular individual who is queer and is nervous to come out. That one particular individual who just came out yesterday and just got shunned and rejected for being gay. That one queer person who just came to terms with being queer and is ready to share it with the world. Pride is all about that particular individual; to give assurance that in as much as they may be queer, they are still a part of a community that promotes love and diversity.

In health promotion, it is always said that programs are designed for the individual but pioneered on the larger scale; community. The methods of administering such health programmes and services vary from being merely negotiated or enforced. On Saturday the 22ndof June, people took to the streets to negotiate for their rights. These are their human rights which generally tap into their livelihoods and overall wellbeing.

In Eswatini, the cultural and judicial systems are used to govern the country; binary system of law.  The current status quoi alludes that, in the country LGBTIQ+ identifying people continue to be stigmatised and discriminated for their sexual orientation. This can be attributed to cultural beliefs which tend to label homosexuality as being a taboo. Cohesively, laws such as the 1907 Dutch Common Law tend to propagate the stigma and discrimination. These laws deny LGBTIQ+ citizens the right to full expression of their sexual identities. Although, the law is not enforced, it still serves as a barrier towards freedom of expression. It merely, says; we shall lock you up in a cage, carry the keys and we shall decide when to lock it.

These archaic laws violate constitutional rights and international conventions, such as the International Covenant on Civil and Political Rights (ICCPR), and are no longer relevant in the countries that first imposed them. Pride aims to raise awareness on the rights of marginalized groups including sex workers and LGBTIQ+ identifying people. These groups continue to be impinged in the country due to laws that criminalize same-sex relations, and laws that do not explicitly protect marginalized groups against discrimination.

So, in these last few days of pride month and months moving on, let us acknowledge diversity and embody the notion of humanity. Let us embrace the principle of Ubuntu and communal living. Let love win, and let there be equality for all.

Assumption VS Consent

The other day I had the opportunity to attend a court case which was of immense interest to me. I cannot divulge what the case was about because of the victim’s interests but let us just say it was of a

human rights violations nature. On the stand, was the witness of the crime and she was being

questioned by the oppositions lawyer. The story goes; on the fateful night, the said witness left with the accused after a night out of partying. They entered into a filling station and the accused went and

bought himself a pack of cigarettes and a box of condoms.

According to the lawyer, this should have pronounced to the witness that he was intending to engage in sexual relations with the witness; since of-course they had once had a sexual encounter before. According to the witness, she had no intention of engaging in a sexual relation with the accused on the said night; in-fact, she had no interest on the said accused because she had no emotional attraction to him and obviously because there had not been any talks on the said night about interactions. In-fact the witness just got a lift home and was willing to spend the night on her own.

Now, does it mean that just because you saw someone purchase a box of condoms, and that he or she

was your previous lover that you intend or are obliged to sleep with him or her? Does it mean that just because you requested a ride home that you are willing to engage in sexual relations? Is it not that you might be purchasing those condoms for you and your consenting lover at home? Is not that you may just be purchasing the condoms since you had run out of them at home and you are just replacing them for another sexual encounter with your consenting partner? For so long, we have been advocating for consent and not assumption. Assumption as defined by the dictionary is something that is accepted as true or as certain to happen, without proof. A presupposition of an act or decision; in loose terminology.

On the contrary, consent is permission for something to happen or agreement to do something. These

two terms cannot be used interchangeably because in one of them, the party has to literally agree whilst in the latter, one practically ‘supposes’ that he or she has agreed. Whether one is intoxicated or not; an assumption serves no basis to engage in sexual intercourse with them. It goes without saying that in as much as the lawyer was defending his client on this case, human rights should remain up-holded.

According to the human rights declaration by the United Nations, article 18 and 19 clearly state that

everyone has the right to freedom of thought and conscience. Correspondingly, article 19 alludes that

everyone has the right to freedom of opinion and expression. In a nutshell, everyone’s opinion matters and this is inclusive of the freedom to consent.

Clearly the witness on the stand had a right to consent to the accused supposed assumptions of him

engaging in sexual relations with her. The lawyer on the other hand had no right to badger the witness

on assumptions that just because she was with the accused during his procurement of condoms, that

she had intentions of engaging in sexual relations with him. Let our court systems uphold laws and

conserve human rights in all levels.

Lavender Ceiling and Work Policies.

 Lavender Ceiling and Work Policies.

Being LGBTI is an aspect of one’s identity and therefore a part of a person’s work life. As often as we try to clear ourselves of sexual identity in the workplace, it serves as a fundamental aspect of who people are and how they maneuver in organizations. A frivolous discussion by employees in the workplace about families, social gatherings, dating will almost always assume that that the organizations members are heterosexual. The discussions will always be heterosexual sided and statements made will surely be condemning the lgbti person and shaming them. This therefore leads to LGBTIQ+ members feeling left-out and unfortunately such conversations will always go uncontested.

We live in a capitalist world where wage labour serves as the essence of us waking up in the morning and going to work. The work environment requires one to interact with individuals of different cultures, races, beliefs etc. Some of these interactions may prove fruitful and others may somehow inhibit our abilities to grow in our careers. Cohesively, with capitalism being the driving model behind work, reaching the personal full potential serves paramount in an individual’s livelihood and more or less productivity.  Earning alone shouldn’t be the driving force towards working instead, self-actualisation and feeling that you have accomplished your goals should be such.

Over the years, with numerous psychological and scientific theories being explored, managers or employers have come to the conclusion that an employee who has their needs met is a productive employee. According to Maslows hierarchy of needs, in-order for an individual to reach self-actualisation, his or hers; physiological, safety, social and esteem needs should be met. Each of these categories of needs tends to define an aspect of livelihood, safety and physical integrity of an individual. Health is multi-faceted and companies in their bid to ensure overall staff health, have implemented numerous well-being programmes for their employees. These include providing in-house psychologists, mental health training for employees but unfortunately they have not been done to cater for LGBTIQ+ issues within the workplace.  Policies present in the workplace usually cater for the health and safety of individuals, but do-not specifically have policy mandated in creating awareness against the discrimination of LGBTIQ+ personnel, and how other staff members can cope with having such members as part of their social space.

Explicit policies that will validate the presence of LGBTIQ+ identifying personnel and protect them from any discrimination are of crucial necessity. These policies should maintain that every staff member or worker should be able to reach self-actualization. Such policies should allow for equal opportunities at work regardless of gender identity and sexual orientation. The analogy ‘institutional fit’ which is usually used to disregard homosexual people from any promotion should be non-existent in companies. The lavender ceiling should be a concept of the past and it begins with policy change. LGBTIQ+ members should be afforded the opportunity to take up senior and leading positions. An individual’s gender expressive nature should not determine whether he or she or they (inclusive of gender non-conforming individuals) can take up a senior or leading position. All individuals are equals and their abilities should go unnoticed when it comes to taking up positions in an entity. The lackadaisical feeling towards issues of lavender ceiling and glass escalator should come to an end. Every individual should be allowed to reach their full potential and achieve self-actualization.

1 of 30

Introduction

To most this is merely just a numerical expression; a fraction in the mathematical language.  As a decimal, it can be expressed as 0.0333, and when further classified by mathematicians it is a rational number. To me, it marks the first article out of 30 which are documented in the Universal Declaration of Human Rights.

The right to dignity serves as the first right in the Universal Declaration of Human Rights. This charter is made up of 29 more which are all directed at ensuring that human life is respected, protected and preserved. It is undoubtedly a road-map to ensuring that the concept of social equality, harmony and justice in society is met. Let us note that the United Nations adopted this charter in 1948, and numerous countries subscribe to the United Nations including our own Eswatini. As alluded by Eleanor Roosevelt, ‘the declaration is an international Magna Carta for all mankind. This is a common standard of achievements for all peoples and all nations.

Article 1

'All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood'.

This is revealed by the first article of the Universal Declaration of Human Rights and in my view serves as one of the most crucial items in the charter. Egalitarianism is a philosophical view that all people are equal, regardless of gender, age, sex etc. Dignity in all essence is a concept of ensuring that an individual feels respected and worthy of honor. It is essential that every individual is afforded the right to feel respected. Dignity is to be maintained if in actual fact egalitarianism is to be fulfilled.

Understanding the article as an LGBTI Identifying individual

It continues to be a notable problem in our country when marginalized groups such as the lgbtiq+ community, sex workers domestic workers etc are impinged on their rights. The discrimination prevalent comes from both sexes unfortunately. Just the other day as I was lining up in a queue at the rank; there came this woman (as old as my mother I assume). She asked as to where the line was headed, and I responded telling her it was headed to Mbabane. Immediately after responding, she gave a noticeable frown. The problem ensued when I answered her and she noticed my voice was not matching up to my posture; my voice was feminine sounding yet I looked and had been dressed as a male.  She turned to look at me, and blatantly confronted me to say; ‘you’re just like them as well, where are your breasts’ (making her way forward attempting to touch my breasts). This is not at all a sign of upholding the dignity right. The stares I started getting from people were piercing, in actual fact I felt quite violated; vulnerable. My right to dignity was violated, my personal being was dishonored. Her connotation of ‘them’ was simply wrong, and then her physical response to want to touch me was very improper. As an individual who is always advocating for the rights of marginalized groups, I always find it heartbreaking to know that some individuals tend to categorize others. On the contrary, this reveals the need to act; continued sensitization projects. I will continue to say that social inclusion is a principle with which each and every society should uphold. Why should we then tend to categorize others, put people in boxes? We are at the end of the day daughters, sons, nieces, uncles, cousins etc. As for the physical reaction from her; there serves no justification for that; after all my body is my right. No one is allowed to touch me, only if I give consent.

This is merely a personal experience of the discrimination faced by the lgbtiq+ populace because of their sexuality. I can only imagine what others like me go through during their daily lives, the ones that are fearful to speak up about such. Discrimination therefore continues to be the crux of the matter and unfortunately this is exerted onto the marginalized groups. These groups include the lgbtiq+ populace, sex workers, domestic workers etc. The mere act of intolerance is a direct denial and opposition of the right to dignity. Morsink in 1999 opines that when Charles Malik added the words ‘reason’ and ‘conscience’ in the first article; he wanted it be seen as a function on the level of knowing’. I am lgbtiq+, and indeed I am proud to be so.

Justice

Where is the spirit of brotherhood when we decide to discriminate or stigmatize other people? To question ones sexuality and choice to living is in-fact to question their mere existence. To question an individual’s right to life is in-fact a direct violation of their right to dignity and being born frees. The recently adopted Sexual Offences and Domestic Violence (SODV) Act is somewhat a much appreciated statute to ensuring that justice is met when it comes to discrimination. As the people of this land, we deserve to be treated with respect and dignity. We deserve to have laws and statutes that will support the up-liftment of mortal rights. Such laws should be explicit and clear such that mis-interpretation is not possible