Earlier today, 23 March 2022, the Information Regulator (Regulator) hosted its Human Rights Month webinar focusing on access to information as a human right and the challenges often faced by the LGBTQIA + community. Globally the South African Constitution is one of the few to prohibit unfair discrimination against the LGBTQIA community. Historically the community was marginalised and discriminated which saw them being denied employment opportunities and access to some basic human rights and freedom of expression.
The Chairperson of the Regulator Adv Pansy Tlakula moderated the session which was joined by esteemed panel members and the keynote speaker Deputy Minister of the Department of Justice and Constitutional Development (DoJ&CD) Mr John Jeffrey. The panel members included the part-time Member of the Regulator Ms Alison Tilley, Ms Steve Letsike from Access Chapter 2, Adv Letlhogonolo Mokgoroane, Ms Wendy Isaack from Human Rights Watch and Ms Busi Dhlamini from DoJ&CD. The webinar was hosted under the theme “Access to information as a tool for empowerment and inclusion”.
Addressing the participants Deputy Minister Jeffrey emphasised that access to information is fundamental to the attainment of universal human rights and it is globally recognised as being crucial to transparency and good governance. “Protecting the rights of LGBTIQIA+ persons is not only about access to information, but it’s also about protecting the privacy and personal information of people. States should adopt anti-discrimination legislation that includes sexual orientation and gender identity among the prohibited grounds of discrimination and develop specific programmes and policies to end the spiral of discrimination, marginalisation and exclusion,” he said.
The Regulator exercises its powers and performs its functions in accordance with the Protection of Personal Information Act (POPIA) and Promotion of Access to Information Act (PAIA). It has an obligation to ensure the protection of personal information and effective access to information for everyone in South Africa. PAIA gives rise to right of access to information which enables people to exercise their other rights and have a voice in decisions which affect their lives.
Adv Tlakula presented that as much as South Africa is at the forefront of the countries globally that ensure the protection of the LGBTQIA persons, there are still gaps in the constitutional right and full realisation of these rights. “LGBTQIA people face discrimination when trying to access public services and this needs to be addressed with integrated efforts from stakeholders. The Regulator has a duty to ensure that marginalised groups are aware of the right to access information and that should they be denied access, they can lodge a complaint with the Regulator and do not need to go to court. The Regulator’s powers include those of search and seizure, as well as the power to order the release of information,” said Adv Tlakula.
The webinar was attended by activists for rights of access to information, LGBTQIA right groups and the public at large. Several submissions were made by the panel members and participants, one of which was urging the Regulator to be more robust in so far as public awareness is concerned and placing emphasis on the LGBTQIA community. It was made an integral point that when people know about their rights, they will be empowered to exercise them. Adv Lethlogonolo Mokgroane added that, “the Regulator has powers to protect the rights of people and they must ensure equal enjoyment of these rights”.
