For a Diverse and Plural Millenium
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“Sexual Orientation” Challenges: An issue for recognition by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance

Phumi Mtetwa

The title itself of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (WCAR) recognises that the issues to be addressed by the meeting are inter-linked. Racism, xenophobia and intolerance (or discrimination); racism and xenophobia; racism and intolerance; intolerance and xenophobia are inter-related.

The initially enumerated conditions that aggravate discrimination on the basis of racial, national, and ethnic origin - gender, age, disability, culture, language, religion, sexual orientation, HIV/AIDS, economic or social status or social origin and property - in the WCAR official documents, are connected. Omitting any one of these grounds could make each of the remaining conditions vulnerable to prejudice or political whim. The grounds aggravating racism, racial discrimination, and xenophobia represent traditional forms of discrimination. Each has been manifest in our past. Each has its own legacy of exclusion, prejudice and injustice, with race and gender discrimination at the epicentre. Sexual orientation shares that oppressive past.

Victims of racism share a unique history of (legislated) prejudice, exclusion and discrimination. Discrimination demeans individuals on the basis of characteristics intrinsic to their identity. Sexual orientation (whether heterosexual, homosexual or bisexual) is an in-eradicable part of human identity.

In history, we learn of the killings of homosexuals during Hitler’s reign. In apartheid South Africa, the majority of men arrested for sodomy-related ¨crimes¨ were Black Africans. There are numerous such, and extreme, examples. In contemporary forms, sexual orientation-related discrimination and prejudice includes hate-related attacks and killings, the negative images portrayed in the media said to resemble same-sex identities, denial of citizenship and citizen rights and fundamental freedoms. It includes being degraded and equated to less than ¨pigs and dogs¨. It further means that one can be subjected to interrogation whilst in search of work, housing and food. The list can go on and on.

In many countries, the treatment of persons involved in same-sex relations, has led to fleeing from their homes in search of refuge in other countries. This often aggravates the situation, as the rampant homophobia we see has also delayed the recognition of, for example, asylum being granted on the ground of sexual orientation. Everyone has a sexual orientation, regardless of race, colour, creed, nationality, and so on. Those whose sexual orientation is attraction to the same-sex, for example, can share multiple forms and conditions by which they can be excluded, discriminated against and not tolerated.

As we begin a new millennium, a new era, and within the framework of the WCAR, placing sexual orientation and the recognition that it is an intolerance related to racism, racial discrimination and xenophobia, affirms our need to ensure that all forms of exclusions and discriminations are indeed eliminated from society.

The first three important principles for the success of this conference are the recognition and acknowledgement of past exclusions, prejudices and discrimination. The second is to apologise for these and, finally, take measures to repair and ensure that it never happens again. These three are true for ALL forms of exclusions, especially based on racial, national and other grounds of related intolerance. Applying it only to the first two will, indeed, undermine the commitment needed for societies that recognise and respect diversity and are for inclusiveness. Sexual orientation is a related intolerance.

Non of the other related intolerance grounds, aggravating racism, racial discrimination, and xenophobia raised "relevance to conference" questions with the exception of sexual orientation. No doubt, this is indicative of, in the first instances, the continuing denial of existence, fundamental rights and freedoms to people who are not heterosexuals and in the second, the non-recognition that a same-sex sexual orientation cuts across racial, colour, language and other backgrounds.

These two aspects not only resemble homophobia, but also raise key challenges for the movements internationally and, particularly, for the work that lies ahead at the world conference and beyond. The challenges must also be seen from the unifying positions adopted by civil society in all the regions. All NGO regional meetings, in their unifying outcome documents, from Africa to Asia-Pacific, in Europe and in the Americas -producing a declaration in Chile and in Quito a Plan of Action and a Satellite meeting specifically held on the issue- recognised that sexual orientation discrimination has a place in the WCAR.

This is an important advancement demonstrated by civil society on sexual orientation in all regions and symbolises the need for this conference to move beyond all other United Nations (UN) international meetings, recognizing the magnitude of issues for the meeting and, finally, openly recognizing the intersecting forms of discrimination.

To succeed, we have to make a further commitment to reject past hatred and prejudices as bases for public conduct and decision-making. To sanction, or allow the sanctioning, of discrimination based on sexual orientation in the future would thus be regression to the forms of bigotry, hatred and exclusion, which underlay apartheid and colonialism.

This leads to the importance of working on achieving the recognition of ¨sexual orientation¨, locating proposals within the broader issues, addressing and identifying multiple forms of discrimination and taking a position as well on all/most of the conference issues. For example, an African lesbian from a former apartheid country, cannot distance herself issues raised by Africans to the colonisers, although they may be supportive of sexual orientation. One cannot be distant either from the North-South dynamics, so evident in the process leading to the world conference, which continue to undermine Southern countries' reasons for conflicts, wars, under-development, and so on. In addition, one cannot ignore the majority of Southern countries' positions on the rights to equality, freedom, respect and dignity regardless of ones sexual orientation. How does one balance these and what has been the challenge in this process?

Working in this framework, and considering the questions, it is clear that hypocrisy has no place in this process. The North/West has to be challenged on their lack of acknowledgement, apologizing and repairing their actions of colonialism. The South has to be challenged on hiding behind culture, tradition and religion as a justification to deny and inhibit people’s fundamental rights and freedoms. Neither the North, for their progressiveness and rightly recognition of sexual orientation rights, nor the South, for their commitment to develop and move from colonialism, can take comfort and pride in their positions. For civil society, as colleagues have suggested, unity for diversity is yet a principle and ideology that we must mobilize and campaign for during and beyond this world conference.

One of the principal aims of the WCAR Declaration and Programme of Action must be a new order where people(s) shall be able to enjoy and exercise their fundamental rights and freedoms. These principles must be translated into the final documents. We need to enter into a solemn promise and commitment, led by our Governments, that - young and old, male and female, the healthy, the disabled and the ailing, black and white, lesbian, heterosexual and homosexual, rich and poor - we will leave the 'past of deeply divided societies, characterised by strife, conflict, untold suffering and injustice', and to build 'a future founded on the recognition of human rights, democracy and peaceful coexistence'.'

As movements, representing diverse backgrounds and convictions, rising above these challenges also implies the open demonstrations of all our concerns on all forms of exclusion. Respect for cultures where diversity is the epicentre and providing a framework for a millennium that is inclusive, should accompany all our proposals for the WCAR.

The express intention of the WCAR draft documents is thus to provide a historic bridge from that past. The WCAR needs to formulate clearly what it is a bridge from, and what a bridge to. Our shared histories make it imperative that a future Convention must provide a mechanism for addressing discrimination in every manifestation. One Convention has to be that which addresses "sexual orientation" exclusions, intolerance, discrimination and prejudices, including its inter-connection with other identities. Its aims should include the acknowledgement of the existence of different sexual orientations, recognition, extension and monitoring of fundaments rights and freedoms and the full integration of people who experience sexual orientation-related discrimination into all levels of society. Its application and monitoring should be done in consultation and co-operation with specialised movements and non-governmental organisations (NGOs). This Convention, supported by various UN agencies, the entire UN human rights system, other international inter-governmental bodies, etc. should ambiguously recognise the other identities that a person experiencing sexual orientation discrimination bears and ensure applicable measures are in place for eliminating discrimination.

In our commitment to creating a common future for ourselves, we have at least a chance to embrace new principles of dealing with each other. In the past we signalled to each other through our differences - the distinctions of race, colour, creed and religion that separated us. The debate about non-discrimination on the basis of sexual orientation offers an invitation to us to deal not in this coinage but in something different.

Whilst as human rights movements we unite because of our shared experiences of being excluded, discriminated and hindered, so too do we come from backgrounds that have oppressed, excluded and discriminated against Africans, African descendants, Indigenous peoples, and others. It is crucial that in the work we do now and beyond the WCAR, we never loose sight of this. Sexual orientation should not only be an issue of concern for people in same-sex relationships, but should be a concern for all.