Dear all
I am Mazibuko Jara from South Africa's National Coalition for Gay and Lesbian Equality (NCGLE or Coalition).
BACKGROUND
In March 1998, the Coalition held a successful national seminar on sexual orientation and the workplace. This seminar was attended by lesbian and gay activists, legislators, government departments, trade unions, employer organisations, statutory human rights bodies and labour law practitioners. The main discussion at the seminar was on achieving employment equity in the workplace through litigation, policy reform, education and training. The Coalition presented to the seminar a document currently referred to as "Policy Proposals on Sexual Orientation and the Workplace".
One of the main recommendations from this seminar was for the establishment of a National Drafting Committee to review the policy proposals mentioned above. This committee has now been established. It is made up of representatives from the SA Police Union, NCGLE, Labour Dynamics - labour consultants, Department of Labour, Business South Africa, National Labour and Economic Development Institute (a research institute attached to the Congress of South African Trade Unions) and may be joined by representatives of the Sexual Harassment Education Project.
The mandate of this committee is to :- - review the NCGLE's policy proposals on sexual orientation and the workplace and ensure that they are in line with current SA employment legislation (i.e. Labour Relations Act of 1995, Basic Conditions of Employment Act of 1996 and the Employment Equity Bill tabled in the SA parliament on 11 June 1998); - review the policy proposals in the context of the South African HIV/AIDS Code of Good Employment Practice and the Code on Sexual Harassment; - consider relevant international experience on how sexual orientation in the workplace has been addressed through policy and legislation; - develop a new draft of the policy proposals given the above review; - involve government, business and labour in the process; and - propose a process for the implementation of the policy proposals primarily by government through legislation, a code of good practice or some other suitable mechanism.
The committee intends to have completed its work by 30 September 1998.
NEEDS OF THE COMMITTEE
As part of information gathering and consideration, the committee requires research assistance on relevant international experiences mainly from Australia, Britain, Canada, the Netherlands and the USA (i.e. relevant experiences in countries where lesbian and gay employees have achieved some measure of workplace equality through legislation, court decisions, employer policies or collective bargaining).
In particular the needs of the committee are summarised in the following questions :-
1. What does employment legislation in the mentioned countries provide for in so far as sexual orientation issues in the workplace (benefits, education, harassment, etc.) are concerned? Is there any other legislation which either ensures equality for lesbian and gay people or denies equality for lesbian and gay people in any sphere of life? If any relevant legislation ensures equality for lesbian and gay employees, what can be said about its implementation, enforcement and monitoring? What are the lessons from the relevant legislation and related processes?
2. What are the policies of private employers on sexual orientation in the workplace (benefits, education, harassment, etc.)? What has shaped these policies? What trends can be detected from these policies and related processes? If the policies ensure equality for lesbian and gay employees, what can be said about their implementation, enforcement and monitoring? What else can be learnt from these policies and related processes?
3. Same questions in 2 above apply to public sector employers.
4. Have there been any court decisions on lesbian and gay rights and in particular lesbian and gay rights in the workplace? What has been the significance and impact of these court decisions?
RESEARCH AND REFERRAL REQUEST
This is therefore to request assistance from anyone who can help the committee in its work. In particular we ask for :-
1. Referral to the correct sources of information (i.e. publications, papers, court decisions, web sites, contact individuals, institutions, videos, etc.). We have a limited budget to purchase important material.
2. Where possible, donations of documents, publications, papers, videos, etc. in support of the work of the committee;
3. Where possible, direct research assistance in support of the work of the committee;
Any other form of assistance will be greatly appreciated as well. We hope and trust that you will respond favourably to this request.
Thanking you in anticipation
Mazibuko Kanyiso Jara Equal Rights Project National Coalition for Gay and Lesbian Equality P.O. Box 27811, Yeoville, 2143, South Africa; 1c Rockey Street, Yeoville/Bellevue, 2198; Tel - ++27 - (0) 11 - 4873810/1/2; Fax - ++27 - (0) 11 - 4871670; NCGLE Voicemail - 0881 209 104; Personal Voicemail - 0881 245 633
The National Coalition for Gay and Lesbian Equality is a voluntary association of more than 74 lesbian, gay, bisexual and trans-gendered organisations in South Africa. Formed in December 1994, the Coalition lobbied successfully for the retention of sexual orientation as one of the grounds of non-discrimination in the Constitution. The Coalition is mandated to work for legal and social equality for its members. Its work includes law reform, lobbying, litigation, advocacy, employment equity, leadership training and development. Major policy interventions have been successfully undertaken by the Coalition notably on the issues of employment; decriminalisation of same-sex conduct and the establishment of the basic legal framework for the removal of unfair discrimination in schools.