NCGLE wants judicial inquiry into human rights abuses by SADF
Statement by the National Coalition for Gay and lesbian equality
Request for the appointment of a judicial inquiry into the alleged gross human rights violations committed against "suspected" lesbian and gay persons by the South African Defence Force before 1994
The National Coalition is outraged by the content of the recent allegations of gross human rights violations against lesbian and gay persons serving in the South African Defence Force during the Apartheid era.
It is clear from the reports in publications such as the Mail & Guardian that there exists prima facie evidence of a programme of sexual reassignment surgery performed by the SADF. From the reports, it would seem that informed consent was not always an element of this programme. It would further appear from the reports that this programme was abruptly stopped. This resulted in a number of persons being in a position where their gender reassignment surgery is incomplete. They are now effectively trapped between sexes.
Furthermore, the National Coalition has documented proof in the form of the Aversion Project report. This report was commissioned by the National Coalition, the Gay and Lesbian Archives of South Africa and the Medical Research Council. This report clearly shows that lesbian and gay people were subjected to unethical so-called medical practices, such as aversion therapy, electric shock treatments and chemical castration.
Both these programmes seem to have been conducted between the 70's and the 80's. Though some organisations such as the National Coalition did submit documentation to the Truth and Reconciliation Commission (TRC), particularly through the Health and Human Rights Project, no perpetrators ever came forward or applied for amnesty. There has, therefore, been no justice for the victims of these violations.
We are also concerned about the fact that the medical establishment has taken no action in regard to these matters. The report from the aversion project has been available for some time. SADF staff at the time of the alleged abuses made reports of alleged misconduct. Nevertheless, the medical establishment has never investigated any of these allegations. The South African public may justifiably ask why, in the face of prima facie evidence, the then South African Medical and Dental Council, and its' present successor, never made any attempt to investigate this matter.
The present South African National Defence Force has the most progressive policies in the world in respect of the rights of lesbian and gay members of the Force. In order to maintain the legitimacy of these gains, we and our partners have called on the Minister of Defence to appoint a commission of inquiry into this matter.
We and our partners further call for the inclusion of a representative of our organisation in the Commission of Inquiry. We also propose that the mandate of the Commission of Inquiry should include the following:
The factual basis of these allegations, including the period and number of people involved, both as victims and as perpetrators.
The status of all persons involved in this programme.
The number of deaths resulting from this programme.
The mandate of this commission should be inclusive of the aversion programme and the reassignment programme.
Possible compensation for persons who were part of this programme.
Many people may ask why we need such a commission at this time, some twenty years after the alleged onset of this abuse. There are a number of important reasons.
Many of the alleged perpetrators of these violations may still be practicing medicine or be in the employment of the State. We believe that this is unacceptable. The South African public at large has a right to be protected from these individuals.
Furthermore, there has been no redress or restoration, or even an acknowledgement to the victims, of their suffering. In order to achieve such redress and restoration, it is essential to establish an incontrovertible factual base and a complete record of events. We believe that it is only through a Commission of Inquiry and with the co-operation of our present democratic government that the truth will emerge. We also believe that the present progressive policies of OUR government and OUR Defence Force will lack the legitimacy that they deserve until this matter is fully investigated.
The National Coalition is most grateful to our partners in civil society who have supported us. We have provided a list of these partners in our press pack. Our partners range from major religious organisations to constitutional institutions. We believe that the endorsements that we have received are indicative of the concern that broader society has for the protection of human rights. It again underscores the fact that human rights are indivisible as a concept and inalienable as a right.
In conclusion, we wish to emphasize that our call is not based on retribution. It is based on the principle or restoration and access to justice. The survivors of this abuse have a need to see an acknowledgement of the suffering they underwent. The survivors have a need and a right to support in reconstructing their lives. They also have a right to see justice done. We believe that this commission of inquiry is the only realistic way of ever seeing the truth and of securing justice.
Carrie Shelver
Director
-- Issued by the National Coalition for Gay and Lesbian Equality
Contact details
National Coalition for Gay and Lesbian Equality
36 Grafton Road, Yeoville, Johannesburg, South Africa
Tel: 27 + 11 487-3810/1/2
Fax: 27 + 11 487-1670
Carrie Shelver carrie@ncgle.org.za
(Cell) 27 + (0)82-901-9522
Equal rights project Co-ordinator
Evert Knoesen evert@ncgle.org.za (Cell) 27 + (0)82-961-4993
Aversion project research
Mikki Van Zyl: mikki@mweb.co.za (021) 424-3789 (w)
Sheila Lapinsky: sheila1@mweb.co.za (021) 483-3941 (w)
Graeme Reid: galasa@pixie.co.za (011) 717-4283