VZCZCXRO7077
RR RUEHDU RUEHJO
DE RUEHSA #2670/01 3631229
ZNR UUUUU ZZH
R 291229Z DEC 09
FM AMEMBASSY PRETORIA
TO RUEHC/SECSTATE WASHDC 0747
INFO RUEHTN/AMCONSUL CAPE TOWN 7468
RUEHDU/AMCONSUL DURBAN 1533
RUEHJO/AMCONSUL JOHANNESBURG 9823

UNCLAS SECTION 01 OF 02 PRETORIA 002670 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL PGOV PHUM SF
SUBJECT: PRETORIA RESPONSE: RIGHTS VIS-A-VIS SEXUAL 
ORIENTATION, GENDER IDENTITY 
 
REF: STATE 130765 
 
 
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Summary 
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¶1.  Laws against homosexuals or transgendered persons are not 
a concern in contemporary South Africa, which may have the 
most progressive legal framework vis-a-vis gay rights 
anywhere in the world.  Discrimination on grounds of sexual 
orientation is explicitly outlawed by the Constitution, and 
the state recognizes same-sex marriage.  Although the 
lesbian, gay, bisexual, and transgender (LGBT) community 
enjoys official protections, it does suffer abuse and 
violence at the hands of more conservative or intolerant 
elements within society at large.  Churches and tribal 
leaders advocate against gay rights, but they are unlikely to 
succeed in overturning existing legislation.  End Summary. 
 
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Laws: "Gold Standard" on Gay Rights 
----------------------------------- 
 
¶2.  Protection of gay rights is enshrined in South Africa's 
Constitution, same-sex marriage is legal, and the official 
line staunchly protects the freedoms and dignity of LGBT 
persons.  In reaction to the repressive history of apartheid 
(under which homosexuality was a crime punishable by 
imprisonment), the Constitution of 1994 is heavily rights 
focused, and the first in the world explicitly to include 
sexual orientation among the forms of discrimination outlawed 
by its Bill of Rights.  The 1998 Employment Equity Act and 
2000 Promotion of Equality and Prevention of Unfair 
Discrimination Act similarly include sexual orientation among 
the criteria barred in labor hiring and access to public 
services.  In 2006, South Africa became the first African 
country to legalize same-sex marriage (with Parliament 
passing the measure by an overwhelming 230 to 41).  Post is 
not aware of any reports of official mistreatment or bias 
against gays since 1994.  Justice Edwin Cameron, who is 
openly gay and HIV positive, was appointed on January 1, 
2009, to the Constitutional Court, the country's highest. 
 
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Attitudes: "Wrong"... But Not Everywhere 
---------------------------------------- 
 
¶3.  Despite official protections, GLBT persons face varying 
levels of mistreatment depending on their location and 
religious / ethnic community.  A 2008 survey found widespread 
public intolerance of homosexuality, which was commonly 
labeled "unAfrican," with 80 percent of respondents believing 
that sex between two same-gender persons was "wrong." 
Homosexuals are subject to societal abuses including hate 
crimes, gender violence targeting lesbians (so-called 
"corrective rape"), and even murder.  (See post Human Rights 
Report for specific cases and prosecution status.)  This 
varies by locale, however, with rural areas typically 
conservative while major cities are more liberal, with some 
night club venues catering to gays.  Johannesburg and Cape 
Town both host annual Gay Pride festivals, and smaller towns 
have similar events.  Cape Town is seen worldwide as a "gay 
friendly" tourist destination, and tourism boards produce 
travel literature aimed to the gay market.  Leading 
commercial TV network M-Net created a gay character for its 
popular TV soap opera "Egoli," helping to contribute to a 
slowly evolving tolerance. 
 
--------------------------------------------- - 
Anti-Gay Voices (Tribal, Religious, Political) 
--------------------------------------------- - 
 
¶4.  Conservative segments of society -- mostly tribal and 
religious leaders, but also some minor political parties -- 
have vehemently resisted this legal and social 
Qhave vehemently resisted this legal and social 
liberalization.  Traditional chiefs advocate for a rollback 
of gay rights, which they say is a corruption imported from 
the west.  The 2006 deliberations over same-sex marriage 
legislation were accompanied by street protests organized by 
groups like the Marriage Alliance.  Marginal conservative 
parties like the African Christian Democratic Party (ACDP) 
and United Christian Democratic Party (UCDP) proposed 
constitutional amendments to ban gay marriages.  After the 
law's passage, the Catholic Bishops Conference conceded legal 
defeat but vowed to fight same-sex unions on moral grounds. 
None of these groups has gained much traction among 
lawmakers, however.  In part this is because LGBT advocacy 
organizations are well organized and vocal.  Perhaps as an 
outgrowth of the long-running battle for state and public 
 
PRETORIA 00002670  002 OF 002 
 
 
understanding of HIV/AIDS, whose leaders included openly gay 
activists like Zackie Achmat of the Treatment Action Campaign 
(TAC), LGBT issues are "coming out of the closet," very 
gradually diminishing in stigma as public attitudes catch up 
to the more progressive vision set forth by South Africa's 
parliament and courts. 
 
GIPS