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09 March 2020 | Story Valentino Ndaba | Photo Sonia Small
Human Rights
Human Rights Month is a time to reflect on the past and celebrate the present.

On 21 March 2020, South Africa will celebrate Human Rights Day. The day has a specific meaning, as it commemorates the Sharpeville massacre which took place on 21 March 1960 in Sharpeville in the Vaal. After the community demonstrated against the pass laws, about 7,000 protesters went to the local police station where the South African Police opened fire on the crowd, killing 69 people and injuring 180.
 
The past, although dark and tragic, holds the power to propel a nation forward. Rector and Vice-Chancellor of the University of the Free State (UFS), Prof Francis Petersen, said: “In remembering this day, we have the opportunity to reflect on progress in the promotion and protection of human rights in South Africa.”
 
Prof Petersen expressed pride in the great strides made at the UFS in this regard and which are cause for celebration. “As a university community, let us join the rest of the country this month and celebrate the rights of all people to be protected from violation, irrespective of gender, race, sexual orientation, religion, etc. Let us observe this day and stand together to promote respect for human rights,” he said.

Policies with a purpose
UFS is guided by principles of non-discrimination and values which seek to uphold the rights of all humans as stipulated in the Constitution of the Republic of South Africa. Staff, students, and the general public enjoy the protection and dignity with policies such as Anti-Discrimination, Promotion of Equality and Social Justice Policy, the Sexual Harassment, Sexual Misconduct and Sexual Violence Policy, the Social Support Policy, as well as the Student Pregnancy Policy.

The objective of the Anti-Discrimination, Promotion of Equality, and Social Justice Policy is to clarify, deepen and promote an understanding of equality, social justice and unfair discrimination among the university community. In addition to other aims, it seeks to identify and promote an understanding of barriers to equality, as well as the various forms and practices of unfair discrimination that may occur. Preventing and eradicating such practices, identifying bullying practices within the various vertical and horizontal relationships at the university, is the policy’s ultimate mandate.

In a country plagued by gender-based violence and related crimes, the Sexual Harassment, Sexual Misconduct and Sexual Violence Policy becomes all the more significant. The policy’s purpose includes establishing a safe and enabling environment, free from sexual harassment, sexual misconduct and sexual violence, for all UFS community members. Support for victims and putting disciplinary procedures for perpetrators in place is a high priority within the policy. 

Human Rights are of utmost importance for a transforming institution such as ours. Hence, the Centre for Universal Access and Disability Support (CUADS) recently released the Social Support Policy Draft for public input. Its overarching goal is to establish an institutional climate and conditions that enable the UFS to retain its students and improve their chances of success by providing appropriate social support. 
 
As far as the Student Pregnancy Policy is concerned, creating conditions that are conducive for academic success and wellbeing during pregnancy is one of the ways in which the university upholds the human rights of mothers-to-be. The policy also ensures that pregnant students are not excluded from academic programmes, residences and other university activities.



News Archive

Democracy and traditional leadership in rural areas explored
2017-09-22

Description: Democracy Tags: Democracy, customary law, human rights, research, constitution 

Prof Lungisile Ntsebeza, recipient of the NRF Hamilton
Naki Award
Photo: Supplied


The Free State Centre for Human Rights held a presentation by Prof Lungisile Ntsebeza on 7 September 2017 at the University of the Free State (UFS) Bloemfontein Campus on the topic of democracy and traditional leadership in rural areas. Prof Ntsebeza is the holder of the AC Jordan Chair in African Studies at the University of Cape Town and the holder of the National Research Foundation (NRF) Research Chair in Land Reform and Democracy in South Africa. 

Conflict between democracy and traditional rule
The topic of democracy and traditional leadership in the rural areas is an example of the tension between democracy and customary law governing the appointment of traditional leaders (headmen) that is currently at play in many parts of the country. Prof Ntsebeza made reference to a court case in the Eastern Cape, where a community successfully challenged the appointment of a headman by the royal family of the area. The contention was whether royal families could appoint headmen in rural communities or if those communities ought to democratically elect their own leaders. He argued that in this specific case, the democratic imperatives of the Constitution did not conflict with customary law because of the particular communal practice of electing leaders. 

The Constitution and customary law

The Constitution of South Africa recognises customary law provisions which are not in conflict with its fundamental values. Difficult legitimacy problems may arise where customary practices are different from those governing this particular case. Ultimately the Constitutional Court would be called upon to resolve inherent tensions and develop customary law in line with the direction foreseen in the Constitution.

Student engagement as a vehicle for change
The event was attended by UFS staff and fourth-year LLB students in the Faculty of Law, and was funded by the Free State Centre for Human Rights at UFS. The programme is one of several that the centre seeks to utilise in engaging students with researchers and scholars in the field of law and human rights. Prof Ntsebeza has given academic presentations on various related and trending topics in the current academic climate, such as decolonising the curriculum, Cecil John Rhodes and others. He was recently awarded the Hamilton Naki Award at the 2017 National Research Foundation Awards.

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