Universities’ policies mostly silent on gender identity equity

How do universities in Sub-Saharan Africa address issues of gender identity and sexual orientation within LGBTQ+ student communities? What challenges do these students face, often living in hostile environments and experiencing stigma and discrimination on university campuses across the region?

These are some of the questions that Dr Theresia Joakim Kanyopa, a lecturer in educational psychology at the University of the Free State in South Africa, is trying to answer in her contribution to a new book, Internationalisation of Higher Education for Sustainable Development: A Southern African perspective, which was recently released by Brill, an international publisher of academic books in humanities, social sciences and law.

Edited by Kudzayi Savious Tarisayi, an associate professor at the school of mathematics, sciences and technology education at North-West University in South Africa, the book focuses on how multicultural diversity and inclusion in higher education in Sub-Saharan Africa can align with the United Nations Sustainable Development Goals (SDGs) to enhance equitable futures in the region.

It is against this background that Kanyopa is debating the issue of gender identity and inclusivity in universities in Southern Africa and Sub-Saharan Africa.

Ongoing violations

In a chapter titled ‘Unconditional Love and Support for Humanity: Nurturing Gender Identity Equity and Inclusivity in Higher Education Institutions in Southern Africa’, Kanyopa argues that, despite comprehensive human rights frameworks that include rights to sexual orientation and gender identity, violations targeting LGBTQ+ communities persist in Africa.

This is the case, despite the World Health Organization pointing out to countries and governments that discrimination based on sexual orientation or gender identity contravenes the United Nations human rights standards, negatively affects individuals, communities, societies, and undermines the achievement of the SDGs.

Nevertheless, the issue, according to Kanyopa, is that, in most African countries, gender is divided into two groups, in which people are either male or female. “The system, which is known as ‘gender binary’, creates no room for an individual outside the two binary categories,” according to the researcher.

Attacks

She noted that, even in South Africa and Botswana, the two countries in Southern Africa that have enacted policies on sexual orientation and gender identity and outlawed discrimination based on sexual inclination, attacks against the LGBTQ+ community still happen regularly at universities.

Drawing insights from research by Floretta Boonzaier, a professor of psychology at the University of Cape Town, as well as other researchers on the issue, attacks and discrimination against the LGBTQ+ student communities are common in higher education institutions in Southern Africa.

In this regard, there are indicators that many LGBTQ+ students in universities in Southern Africa, as elsewhere in Sub-Saharan Africa, are struggling to ‘come out’ with their hidden gender identities because of severe discrimination and stigma.

‘Treated like animals’

The academic noted that, in Eswatini, Lesotho and Zimbabwe, African homosexual students are treated as criminals, and they are at risk of imprisonment, torture and death. In addition to facing cruel acts and widespread discrimination, those students, according to Kanyopa, suffer from psychosocial challenges that include feelings of isolation and suicide.

Indeed, the plight of LGBTQ+ student communities in Sub-Saharan Africa has been enhanced by the inherited legacy from colonial laws that criminalised same-sex relationships, and which continue to exist in many African countries. In effect, this has resulted in some African governments forming legal frameworks and legislation directed against the LGBTQ+ communities.

For instance, Nigeria has enacted legislation that prohibits same-sex marriages and subsequently imposes harsh penalties on the LGBTQ+ community, while Uganda’s Anti-Homosexuality Act, which became law in 2023, proposes life imprisonment for same-sex relations.

Other countries in Sub-Saharan Africa which have enacted laws that restrict the LGBTQ+ community’s fundamental rights and freedom include Tanzania, Kenya, Ghana and the Democratic Republic of the Congo.

In this context, whereas the rights and freedoms of higher education students who are marginalised by their sexual orientation and gender identity have improved in many countries in other global regions, they have more or less stagnated in Sub-Saharan Africa, or are invariably getting worse.

Are any changes on the horizon?

However, Kanyopa’s advocacy against unfair and harsh treatment of LGBTQ+ students in universities is invariably raising questions as to how long those students should suffer oppression, discrimination, and exclusion before they can achieve equal recognition, fair treatment and above all, enjoy fundamental rights and freedom as their peers.

For Kanyopa, universities should take a leading role in raising awareness and addressing the discrimination and stigma of the LGBTQ+ student community. She urges universities’ managements to reduce discrimination and disapproval by creating programmes that open up positive conversations about the LGBTQ+ community, as well as introducing support systems that students might need.

She noted that individuals working in programmes for the LGBTQ+ students in the universities should be conversant with the self-determination theory, the psychological approach that focuses on the innate human needs for independence, competence, relatedness and well-being. It also explores the motivational factors driving living experiences, human behaviour, performance and personal growth.

Nevertheless, Kanyopa highlighted that the pathway towards achieving gender identity equity and inclusivity in universities in Southern Africa and elsewhere in Sub-Saharan Africa is not an easy one, considering the identity crisis, distress, abuse and prejudice that most of those students encounter.

In addition to raising awareness and recognition of LGBTQ+ students in the universities, Kanyopa advocated for fair representation and channels to redress abuse and other forms of marginalisation.

Considering the well-being of all students

At institutions, the primary focus should be to overcome injustice by opening up spaces for all students, irrespective of their social group, race or gender identity. “Universities should show that they care about the well-being and success of all students, including those of the LGBTQ+ community,” stated Kanyopa.

However, considering the multiple and diverse perspectives and varied students’ personal experiences, Kanyopa said universities in countries in Sub-Saharan Africa should enhance the right to freedom of expression and academic freedom. She noted that this could be achieved if the universities nurtured diverse perspectives that contribute towards the educational issues on campus.

For further success in achieving acceptance and respect of LGBTQ+ students at universities, Kanyopa pointed out that there is a need to empower staff to conduct continuous surveys and assessments to determine the well-being and stress levels of students.

According to Kanyopa, LGBTQ+ students in African universities are stressed as a result of biases and stigma surrounding their genders.

In effect, the merit of Kanyopa’s study is that it has pointed out the need to improve the learning environment in universities in Southern Africa and elsewhere in Sub-Saharan Africa, where there is no academic motivation for students who identify with different genders outside the binary branding.

In this regard, Kanyopa also pointed out that, without promoting equity and inclusivity in the learning environment, regardless of race, ethnic group, language or sexual orientation, it would be hard to realise the SDGs, which insist on the provision of quality education for all and gender identity equality.

The study also highlights that advancing gender equity and inclusivity in the learning environment does not just support students in their academic performance, but also in their emotional challenges.

The truth, according to Kanyopa, is that LGBTQ+ students in most African universities are currently living in fear, hiding their gender identities from others, such as teachers, parents and the community in general.

In effect, in most countries in Sub-Saharan Africa, LGBTQ+ communities are rarely mentioned in university policies that safeguard student interests and protection.