JALI COMMISSION OF INQUIRY - GROSS VIOLATIONS AGAINST LESBIAN,GAY, BISEXUAL, TRANSGENDER AND INTERSEX PEOPLE IN PRISON

Johannesburg, 2004-01-30

On Tuesday, 3 February 2004, the Jali Commission of Inquiry will begin the process of hearing evidence in regards to the gross human rights violations in part based on sexual orientation suffered by lesbian, gay, bisexual, transgender and intersex (LGBTI) people in the South African Prison System.

During these proceedings, evidence will be lead by the Jali Commission and The Lesbian and Gay Equality Project that will show that:

1. Prisoners were repeatedly raped with the knowledge of the Department of Correctional Services without the Department taking action to stop these offences taking place;

2. That transgender prisoners were subjected to solitary confinement for extended periods of time, simply because the Department could not decide whether to house them in male or female prisons;

3. That lesbian women and gay men are routinely subjected to administrative sentences, including extended jail terms, for behaviour which cannot be regarded as being unlawful (including holding hands);

4. That homosexual men are bought and sold for sexual purposes and for the financial benefit of Correctional Services Personnel, and that there is a clear link between these human rights abuses and the increased potential for HIV infection;

5. That the Department has failed and continues to fail to develop or implement any policy that seeks to address the systematic violation of the rights of LGBTI people in prison and in fact, that there remains high levels of homophobia within some elements within the Department;

6. That community organisations have offered assistance to the Department of Correctional Services but that these offers have not been taken up by the Department.

The Lesbian and Gay Equality Project welcomes this opportunity, provided by the President and the Commission, to break the silence on the ongoing violations of the rights of LGBTI people in prison. Both the ongoing nature of these offences and the culpability of the state, through their failure to protect inmates from a clear and present danger, is scandalous in a democratic state. This failure to protect inmates also constitute a clear breach by the state of its constitutional obligations and its obligations in terms of the international treaties and protocols to which it is a State Party. The state of a democracy is often measured by examining the position of the most vulnerable people in society. Lesbian, gay, bisexual, transgender and intersex (LGBTI) people in prison are some of the most vulnerable people in society and it is the duty of the State to protect their rights.

The Equality Project hopes that the Commission will create a future environment in which the rights of all people in prison can be addressed in a constructive and co-operative manner through engagement between the Department of Correctional Services and Civil Society.

The Equality Project also calls on members of the media to exercise professional restrain in reporting the matters before the commission. Many of the witnesses have already suffered greatly and we trust that the media will respect their right to privacy and dignity.

Issued by:
The Lesbian and Gay Equality Project,
36 Grafton Road , Yeoville, 2198.
PO Box 2711 , Yeoville, 2198.
Contact person: Evert Knoesen.
Tel: 011 487 3810/1/2 Cell: 082 855 0567
Email: evert@equality.org.za
Web: http://www.equality.org.za