Justice for Noxolo Campaign Phase 3

Phase Three: February 2013 onwards Phase three focuses attention on the national police authorities in South Africa and on the national Ministry of Justice and Constitutional Development. It also provides solidarity to AI’s partner organisation, EPOC and LGBTI individuals in South Africa.

I. Solidarity: (February 2013 onwards) Groups/sections/members can continue to send personal messages of solidarity on a piece of coloured ribbon. These will be distributed at Pride marches throughout South Africa in 2013 for individual participants to march with. Solidarity ribbons will be sent to Amnesty International South Africa (AISA). AISA will distribute the solidarity ribbons at Pride marches across South Africa throughout Pride season in 2013, including (but not necessarily restricted to) Ekurhuleni Pride, Soweto Pride, Durban Pride and .

Address: Amnesty International South Africa, P.O. Box 29083, Sunnyside, Pretoria 0132, South Africa

2. Anniversary vigil: 24 April 2013 EPOC plans to hold a commemorative event on the second anniversary of Noxolo’s death on Wednesday 24th April. They will hold a vigil at the spot where she died to raise awareness of the lack of progress in her case and so that EPOC members and residents of KwaThema can pay their respects to Noxolo, including through written messages.

You can get involved in this event in two ways:

1. Commemorative vigil in your own country – Wednesday 24 April We are asking groups/sections/members who have capacity to organise a vigil at the same time (Wednesday 24 April), either outside the South African embassy in your country or wherever is appropriate for you. If you are able to organise a commemorative vigil, please be sure to tell Tracy Doig (tracy.doig@amnestyorg) as we are trying to link all the events that are taking place with the EPOC event so that we can hopefully provide live-time solidarity with the participants in KwaThema (probably via Twitter or something similar).

2. Send solidarity messages (no later than 20 April) EPOC would like to place ribbons and balloons at the spot to commemorate Noxolo during their vigil. If you would like to add your voice of solidarity to those of the EPOC members, you can do so by sending written messages to Tracy Doig by email by 20 April ([email protected]). We will write your messages on multi-coloured balloons and ribbons and give them to EPOC to display during the event.

It will not be possible for you to post your own ribbons and balloons due to the slow nature of the South African postal system (which has only just returned to work after a strike lasting several weeks, leading to a large backlog) as they are unlikely to arrive in time for the event. Please do not send items by courier as packages to South Africa incur customs duties that cause undue financial strain.

3. Letter-writing: (February 2013 onwards) Letters will be sent to the National Police Commissioner and to the Minister of Justice and Constitutional Affairs with copies to the South African embassy in your own country.

Please see below for the text of the letters.

Target 1 – police authorities: General MV Phiyega National Commissioner

1 South African Police Service Private Bag X94 Pretoria 0001 South Africa

Fax: +27 12 393 2616 Email: [email protected]

Dear General Phiyega

I am writing with deep concern about prejudice-motivated violence against , , bisexual, and intersex (LGBTI) people. I wish to draw your particular attention to the murder on 24 April 2011 of Noxolo Nogwaza in KwaThema - police case number 635/04/2011.

In addition to writing now to your office, I have also written to express my concern to [delete as appropriate] the Station Commander of Tsakane Police Station and the Gauteng Provincial Police Commissioner.

I am disturbed that, almost two years after her death, no progress has been made in investigating Noxolo Nogwaza’s murder and arresting her killers. This failure increases the impact, for those who knew her, of the terrible acts of violence and hate which led to her death. This situation of impunity also places others at risk of harassment, discrimination and hate-motivated violence on the grounds of their real or perceived sexual orientation or gender identity. At least seven LGBTI individuals in four provinces were murdered in 2012 in what appear to be hate crimes related to their sexual orientation or gender identity, increasing the levels of fear amongst LGBTI people in South Africa.

I congratulate the positive steps taken by the South African Police Service to respond to gender-based violence affecting LGBTI people, including participating in the National Task Team to seek solutions to how this violence can be combated.

I respectfully urge the National Commissioner to continue with the good work already started and to: 1. Ensure that police authorities give their full attention to thoroughly investigating Noxolo Nogwaza’s murder so that those found to be responsible may be brought to justice without further delay. 2. Publicly condemn, in the strongest possible terms, targeted violence against lesbian, gay, bisexual, transgender and intersex (LGBTI) individuals. 3. Allocate greater resources to training of all police personnel on their legal obligations to provide non-discriminatory and professional services to LGBTI individuals, including in the prevention and investigation of crimes of targeted violence and other forms of harassment and abuse against them. 4. Ensure that every police station implements clear instructions on these obligations and trains dedicated officers to properly investigate crimes of targeted violence – including on the grounds of sexual orientation, gender identity or gender expression – in an efficient and unbiased manner.

I thank you for your attention.

Target 2 – Ministry of Justice and Constitutional Affairs:

Honourable JT Radebe Minister of Justice and Constitutional Affairs Private Bag X276 Pretoria 0001 South Africa

2 Fax: +27 12 406 4680 E-mail: [email protected]

(Copy to the South African embassy in your country)

Dear Minister

I am writing with deep concern about prejudice-motivated violence against lesbian, gay, bisexual, transgender and intersex (LGBTI) people.

I commend the Honourable Minister for the many positive steps taken by both the Department of Justice and Constitutional Development at domestic level and by the South African government internationally, to respond to gender-based violence affecting LGBTI people and for recently reiterating the South African government’s commitment to fight all forms of hate crimes and gender-based violence.

I wish to draw your particular attention however to the murder on 24 April 2011 of Noxolo Nogwaza in KwaThema - police case number 635/04/2011. I am greatly disturbed that, almost two years after her death, no progress has been made in investigating, arresting and bringing to justice the perpetrators of Noxolo Nogwaza’s murder. The failure to investigate Noxolo’s murder also increases the impact, for those who knew her, of the terrible acts of violence and hate which led to her death.

I am concerned that the ongoing situation of impunity demonstrated by the lack of progress in Noxolo Nogwaza’s case, and in many other cases, places others at risk of harassment, discrimination and hate- motivated violence on the grounds of their real or perceived sexual orientation or gender identity. At least seven LGBTI individuals in four provinces were murdered in 2012 in what appear to be hate crimes related to their sexual orientation or gender identity, increasing the levels of fear amongst LGBTI people in South Africa.

I urge the Honourable Minister to continue with the good work already started and to hasten the implementation of hate crimes legislation in South Africa, including by accelerating the adoption of the Policy Framework on Combating , Hate Speech and Unfair Discrimination. This would have a great impact on the ability of the police to effectively investigate prejudice-motivated violence; ensuring adequate evidence is brought before the courts.

I thank you for your attention.

3