‘In the Name of Manhood’: Reconciling Culture and Queer Rights in Ulwaluko Through Ubuntu and Decoloniality

Abstract

The Constitution and International Human Rights Law (IHRL) both guarantee the right to culture under the right to take part in cultural life. However, they also stipulate that exercising this right must not infringe upon other fundamental rights. At present, the traditional Xhosa circumcision ritual, known as 'Ulwaluko', perpetuates a dominant form of masculinity (hegemonic masculinity) that defines a man strictly as heterosexual, possessive, authoritative, and powerful. This perspective undermines the rights to equality, human dignity, and personal freedom and security for Xhosa queer men who may identify as a man, but not necessarily a heterosexual man. This dissertation investigates how the decolonisation of culture and masculinities, and the principles of Ubuntu along with other constitutional values, can be utilised to radically transform Ulwaluko to foster diverse and inclusive masculinities. The thesis presented is that while culture is protected as a fundamental right, it is not without limits, and in cases like this one of Ulwaluko conflicting with other rights, it is important to explore how other scholars, countries and courts have dealt with the issue of balancing competing rights. The need for the decolonisation of culture and masculinities is also proposed, and the central premise here is that while pre-colonial culture and masculinities are also not perfect, decolonisation is key to developing African-centered cultures and masculinities that genuinely reflect the realities, experiences, needs, and daily lives of indigenous populations, and the adoption of culture as living and forever changing. However, this is a long-term project that does not have a single solution. Accordingly, there is a suggestion to integrate Ubuntu and other constitutional principles into the Ulwaluko practice, particularly positioning Ubuntu as a value to assist in finding a remedy under PEPUDA. The premise is that the harmful parts of Ulwaluko must be removed so that Ulwaluko can be in line with the principles of the Constitution and the provisions of PEPUDA.