Questioning South Africa’s humanity

Sharpeville was the site selected by President Nelson Mandela for the signing into law of the Constitution of South Africa on 10 December 1996.

It was a day South Africa and the world would never forget. The images of dead citizens who were protesting against pass laws on 21 March 1960 still resonate strongly today. Several political organisations and parties such as the ANC and PAC were objecting the use of passes which restricted the movement of black South Africans. The rally turned ugly when police opened fire on demonstrators resulting in 69 deaths and 180 injuries. After achieving democracy in 1994, Sharpeville Day was declared national Human Rights Day to honour and remember the sacrifices that were made. But following incidents like the Marikana massacre, many South Africans are asking if enough is being done to respect human rights in the country.

A mass funeral was held following the Sharpeville massacre. The government declared a state of emergency, detaining more than 18 000 people, including prominent anti-apartheid activists, and led to the banning of the ANC and PAC.

When the Bill of Rights was established in South Africa’s new constitution, the drafters included provisions to ensure that persons have a right to citizenship and security, belief and opinion, and expression. These include the right to demonstrate picket and petition, and the right to be free of forced labour, servitude and slavery, among many others.

The country’s constitution has been described as one of the best in world but head of communications at the South African Human Rights Commissions (SAHRC), Isaac Mangena says there are still many issues that need addressing. “As the SAHRC, we remain deeply concerned about the current state of human rights in South Africa, in particular, widespread poverty and inequality,” he says. Another concern is the torture bill which is currently before parliament. The SAHRC believes this will combat brutality from the police, public and criminals. While 85% of households in the country have access to acceptable water and sanitation, many people in rural areas are still live without the basic necessity. “The issue of water and sanitation was highlighted recently in two matters that the SAHRC investigated: Makhaza in the Western Cape and Moqhaka in the Free State. In both cases, the State provided residents with unenclosed toilets as an interim sanitation measure. We concluded that the provision of unenclosed toilets violated the residents’ constitutional rights to dignity and privacy,” Mangena says.

Education and foreign migrants are two other challenges the SAHRC hopes will be seriously considered in 2013 and beyond. According to the organisation, poverty remains a significant barrier to education, with children in the poorest households nearly three times less likely to complete secondary schooling than children in the richest households. In response to this problem the SAHRC has formulated the Basic Education Charter, which is a comprehensive monitoring and evaluation system. It will track progress and areas of concern so that South Africa’s international obligations on child education are fulfilled.

The recent death of Mozambique-born Mido Macia at the hands of police has raised questions about the underlying xenophobic sentiment among South Africans. Mangena explains that the rights of migrants should be respected by law enforcement officials, and that the procedure for validating and, where needs be, legalising the status of refugees and other migrants is dealt with the necessary urgency and in accordance with migration laws. Discrimination against persons with disabilities in the work place, physical and sexual abuse against older persons and the right to food are some of the other problems that the SAHRC would like to see resolved.

Protests in the United Kingdom in the aftermath of the Sharpeville massacre. The international community and the United Nations criticised the Apartheid government for their actions while then Prime Minister Dr Hendrik Verwoerd praised the actions of the police.

Perhaps one of the most severe concerns in South Africa is the continued violence against women and children. There are nearly 65 000 reported rape cases a year and criticism has been levelled against the police and courts for not doing enough to prosecute perpetrators. The rape and disembowelment of Western Cape teenager, Anene Booysens, has done little to change that perception. Government plans to open 58 dedicated sexual offences courts to hopefully deter violence.

An expert who’s done extensive research at Unisa’s College of Law says the issue of rape is a deep-rooted problem. “If you go onto the South African Police website and go to crime statistics, you will see how many reported rapes have been committed over the last few years. What is alarming is that these are reported rapes and not a reflection on all rapes that are committed,” she says.

But it’s not only statistics that play a role in why incidents like rape persist. She says perceptions among people also have a strong influence on reactions. “South Africans may perhaps be said to be numb to crime in general, to not only rapes that are committed, but also other violent crimes such as car-jacking and theft. People seem to expect to become victims of crime at some point or another. Increased awareness, education and dispelling of myths might help towards limiting the problem but as for breaking out of the culture of violence, one can only speculate,” she says.

Despite the number of challenges the country faces, Mangena believes there have been positive advancements such as the National Development Plan, which outlines long-term strategies for development, growth and poverty reduction in South Africa. “It recognises that linkages between income poverty and deprivations in healthcare, education and social infrastructure are direct,” he says.