Both the majority of worldwide countries (38 out of 76) criminalizing same-sex sexual activities and the one with the first constitution in the world to explicitly prohibit unfair discrimination on the basis of sexual orientation (South Africa) belong to the African continent.
Last month the first ever African Same Sex Sexualities and Gender Diversity (ASSGD) conference took place in Pretoria, South Africa. A country that in these matters has carried out some other legal steps that constitute records world-wide. In 2006 it became the fifth country in the world –and the first in the continent- to legalise same-sex marriages and it is one of the few countries where it is explicitly permitted to change gender on official documents (the others are Australia, New Zealand, Spain and Argentina).
“The reality on the ground is very different from the laws”, says He-Jin Kim, the representative at the conference of GenderDynamiX, a South African Human Rights organisation dedicated to promoting the rights of transgender people and one of the organizers of the event.
“The so called ‘corrective rape’ of lesbians is very common in black townships in South Africa. Besides, while the law allows changing gender without the need for actual surgery its implementation is lacking and it is rare that transgender people succeed in accessing this legal provision. There is also little access to transgender related healthcare and in light of the gravity of the HIV epidemic in South Africa, it must be noted that sexual health services are for the most part inaccessible to transgender people due to prevailing stigma and ignorance”, she says.