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These provisions were kept in the new constitution, approved in 1996, due to the lobbying efforts of LGBT South Africans and the support of the African National Congress.As a result, South Africa became the first nation in the world to explicitly prohibit discrimination based on sexual orientation in its constitution.“The commission clearly lacks capacity, having taken so long to produce a very poor report that has been rejected by a range of stakeholders – including parliamentary groups, NGOs, trade unions, political groupings and sex workers.” had hoped that the process would result in the introduction of “legislation that was human rights-based and adhered to the rights of the constitution.” “However, this has not been the case with the released suggestions,” said Vidima.

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Under South Africa's ruling National Party from 1948 to 1994, homosexuality was a crime punishable by up to seven years in prison; this law was used to harass and outlaw South African gay community events and political activists.Marion Stevens, the coordinator for the Women in Sexual and Reproductive Rights and Health organization and a research associate for the Gender Institute at University of Cape Town, also criticized the report.“The process was compromised, as the content is not evidence-informed nor informed by organized sex workers in South Africa,” she said.lesbian, gay, bisexual, transgender, intersex and gender non-conforming South Africans has been influenced by a combination of traditional South African mores, colonialism, and the lingering effects of apartheid and the human rights movement that contributed to its abolition.South Africa's post-apartheid constitution was the first in the world to outlaw discrimination based on sexual orientation, and South Africa was the fifth country in the world, and the first—and, to date, only—in Africa, to legalise same-sex marriage.

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