The tragic dialectic between happiness and apartheid

saul_lealAuthor: Saul Leal
Vice-Chancellor Postdoctoral Fellow, Institute for International and Comparative Law in Africa (ICLA)

Some political speeches announce tragedies. In South Africa, the tragedy was announced during a radio broadcast on 17 March 1961, when the people heard the following statement: “The policy of separate development is designed for happiness, security, and stability (…) for the Bantu as well as the whites”. It was the first phrase proclaimed by the Prime Minister of the Union of South Africa, Hendrik Verwoerd, in his Address to the Nation. The policy of separate development would prove to be a scandalous euphemism. Verwoerd continued to promise that “we shall provide all our races with happiness and prosperity”.[1] Verwoerd would become known as “the architect of apartheid”.

The South African Governor-General was Supreme Chief in the Transvaal up until 1956. At that time, Cape Africans were considered too advanced to be treated as an underclass. Elizabeth Landis, an American expert on Southern Africa affairs, explains that the government had to change this consideration, with the explanation that ‘if we want to bring peace and happiness to the Native population (…) then we cannot do otherwise than to apply this principle which has worked so effectively in the other three provinces, to the Native population of the Cape as well (…)”.[2] Happiness therefore becomes a scapegoat.

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Happiness and same-sex affection

saul_lealAuthor: Saul Leal
Vice-Chancellor Postdoctoral Fellow, Institute for International and Comparative Law in Africa (ICLA)

Chinelo Okparanta is a Nigerian writer, currently living as a citizen in the United States. She understands the prejudices of her native country, especially against homosexuals. In some parts of Nigeria, a gay individual may be stoned to death under the Shari’a law. Okparanta writes, in her lesbian romance Happiness like Water, ‘yes, our love may be hidden, but it is strong. It can still bring happiness’.[1]

Why must the love between two consenting adults be hidden? Should the State have the power to decide towards whom one may show affection? These disconcerting questions may be answered in terms of global Constitutions.

The most important Brazilian decision which entailed the right to happiness was in 2011.[2] The Supreme Court had to rule on the interpretation to be given to article 1.723 of the Civil Code, which only recognizes a common-law relationship between a man and a woman as a family unit which must be public knowledge, continuous, and long-lasting, and be established for the purpose of building a family. The need for the aforementioned ruling resulted from the fact that government bodies refused to grant these rights to homo-affectionate couples. Therefore, the Court had to decide if this union also covered same-sex couples, even though the provision expressly mentions ‘man and a woman’.[3]

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Of stereotypes and the ‘unsound mind’ clauses

Patricia_MwanyisaAuthor: Patricia Mwanyisa
Human Rights, Justice and Rule of Law Programme Officer, Open Society Initiative for Southern Africa (OSISA)

Recently, during my studies I delved into the concept of stereotypes and their effects, albeit from a gender perspective. This academic encounter has become an important one to both my personal and professional frames of reference. I have discovered that my prior use and appreciation of the term stereotype was presumptuous, without depth and assumed familiarity. I had nonchalantly used the term often, in writing and conversation without fully appreciating the intricacies of this concept.

Quite worrying one might say, coming from a professional working on human rights, justice and equality issues – but I believe that my nonchalance is common among many of us. We tend to have a general over familiarisation with issues that form part of the realm in which we work and operate without necessarily appreciating the rudimentary theories underpinning particular terms or concepts.

So I think I deserve some credit for acknowledging my deficiency, and urge that we do not rush to deem as catastrophic such inadequacies in all circumstances because it is impossible to know everything about everything, even in your most familiar of territory. To be expected to know and fully understand each and every detail about a subject is a naïve expectation on the part of peers and an arrogant unintelligent assertion on the part of any such declarants. The universally renowned great mind Michelangelo, is remembered for his famous quote “ancora imparo” reportedly made at the age of 87 which means ‘I am still learning’ – well, so am I. So I ask for your indulgence as I share some of my learning on how stereotypes perpetuate inequality and marginalisation – you might just also learn that we all are still learning and need to keep learning.

I have learnt that stereotypes are a component of stigma. They assign negative attributes to socially salient differences forming what social identity theorists call in-group and out-group categorisation. People tend to stereotype as a means of screening people into either the in-group (us) or out-group (them) which in eventuality determines whether a group is accepted or rejected.

This categorisation (stereotyping) of other(s), provides people with a feeling of comfort and confidence based on what they are accustomed to, for predictability and personal security’s sake. Whilst it may be argued in some quarters that categorisation is useful in, for example, target marketing or planning of community and development projects among other mass planning purposes; unfortunately the cumulative effects of general categorisation and consequent stereotyping in most circumstances reinforce and perpetuate inequality.

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