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19 March 2021 | Story Nombulelo Shange | Photo Andre Damons
Adnombulelo
Nombulelo Shange says this year it is important to look inward, focus on individual healing, growth and reflect on the losses pre- and post-COVID-19.

By Nombulelo Shange, lecturer in the Department of Sociology, University of the Free State

With Human Rights Day nearing it is important to remember the sacrifice of those who lost their lives in the 1960 Sharpeville Massacre in the fight for our freedom. This year I think it is also important to look inward, focus on individual healing, growth and reflect on the losses pre- and post-COVID-19.

The strength and resilience of the Sharpeville community is an important reminder of the hardship we have to overcome; it is an important reminder that we can overcome even this challenge. But on this Human Rights Day our strength lies in our vulnerability and being strong enough to admit we are not okay and ask for help even when societal norms make it hard to do so. Do this without being embarrassed or carry resentment when those we lean on can’t be there because they are also not coping. And for those who give a lot of themselves, it is okay to admit that you have nothing left to give and that you need time to replenish yourself because you can’t bring light into other people’s lives while your own flame is dimming.

The collective cannot be strong when individuals are broken

Many of us were raised in families where communalism, ubuntu and caring for the collective are prioritised over the individual. And to put ourselves and our own wellbeing first feels like a betrayal of these virtues we were brought up with. But I would argue the opposite is true, the collective cannot be strong when it is made up of broken individuals.

Not putting ourselves first would be a betrayal to the same ideals of ubuntu many of us were brought up with. It sounds like a contradiction because we are taught to look at the world in polarised ways and ubuntu ends up being portrayed as a philosophy that puts the masses first and sometimes at the expense of the individual. We see this kind of thinking and application in our own lives where families and communities at times uncritically impose ideas and practices that seemingly benefit the community over individuals. We see it in African discourse that theorises ubuntu and its relevance to traditional and modern spaces, its relevance in human rights discourse, decolonial discourse that broadly calls for “African solutions for African problems”. All of these are important and provide useful analysis, but they sometimes erase the individual.

Individualism is associated with Western imperialism and is rejected and vilified

Individualism is often rejected and vilified because it is associated with Western imperialism that saw the introduction of a greedy capitalist system in Africa that goes against almost every core belief we have. The capitalist system broke our connection to the environment and turned it into a commodity to be exploited for economic gain. It pushed competition and individual wealth over social wellbeing and community. And most importantly it took everything from Africans, our land, language, culture and sense of self. So as we grow and rebuild, it is difficult for us to imagine that these two seemingly contradictory ideals can coexist, where individualism is celebrated and encouraged for the betterment of a collective that will be stronger because it is made up of strong individuals. Instead we polarise, we conclude that if Western imperialism is exploitive and individualism is closely associated with it, then individualism must be bad too. If ubuntu and the collectivist thought around it protected the environment and promoted social wellbeing, then collectivism is good and to question it is to put your own selfish individual needs over the needs of the community and collective human rights.

But if we step away and look at ubuntu beyond our polarised ways of thinking, we see that ubuntu does place a great deal of importance on the individual. The main theoretical tenet of ubuntu says, “Umuntu ngumuntu ngabantu”, which translates to “I am because we are”. This expression shows the mutually beneficial coexistence of the individual and the collective. The collective is nothing without the individuals, and if the individuals who make up the collective are weak, the collective will also be weak. Individuals also need the community for their own enrichment, sense of self and overall wellbeing. If individuals are not nurtured and supported by the collective, they will not be able to give back to the collective, and the cycle continues.

It is time for us to focus on healing and introspection

So, what do we do when our collectivism is threatened by a global pandemic that is threatening to topple even the world’s strongest nations? What do we do when we can no longer tap into the collective strength we have built everything on? So much of our way of life is built on this collective strength as Africans, from the monthly stokvel meetings that offer people solutions to the worst socioeconomic challenges, while offering support and strength. Even church spaces are more than just a place to worship. It is here where people discuss the challenges faced by the community and offer whatever they can to address them. Our funerals and weddings do not just bring families together they bring communities together in shared grief or celebration. You do not even have to invite neighbours to events. The moment they see the tents, chairs, animal sacrifice etc arrive, they come days prior to the event to help the family prepare, celebrate, or cry. Even our ritualistic healing practices are not an individual lonely process in the way that Western biomedical models offer healing. At some point or another, the involvement of family and even the community will become important in African healing practices.

COVID-19 has threatened all of this and future environmental and public health crises might test us even more than COVID-19 has. I think this is the time for us to focus on healing and introspection, many of us were broken long before the pandemic hit. We have carried past intergenerational traumas into our present, but we have an opportunity to ensure that we do not carry them into our futures. We have been depleted by systems that seek to erase our entire existence as people of colour, women, LGBT+ communities and people with disabilities. After a while we start to believe that we are not worthy of love, we believe our poverty is a result of our own laziness and discount the fact that we have been starved of opportunities and resources. We stop challenging the abuses of our individual and collective human rights. This forced isolation is an ideal time to reflect on these things, heal and build ourselves as individuals through talking and sharing deep intimate pain with loved ones, trying to be in nature, attempting to “phahla” or mediate. The process will be different for everyone. Our own mental health depends on it and so does part of our ability to access our human rights. The restoration of our strength as communities will also depend on it during COVID-19 and beyond.

News Archive

Resource Manual on Trafficking in Persons for Judicial Officers sees the light
2012-03-27

 

Judge Connie Mocumi, President of the South African Chapter of the International Association of Women Judges (SAC-IAWJ), during the launch of the Resource Manual on Trafficking in Persons for Judicial Officers.
Photo: Leonie Bolleurs
27 March 2012

On Human Rights Day the Department of Criminal and Medical Law in the Faculty of Law at the University of the Free State (UFS) hosted the launch of the Resource Manual on Trafficking in Persons for Judicial Officers compiled by the South African Chapter of the International Association of Women Judges (SAC-IAWJ).

The manual, which will be used by members of the South African judiciary, will equip officials in adjudicating the multifaceted crime of human trafficking.

“Presiding officers must be sensitised about the complexity of the crime. Human trafficking has many faces and presents itself in different ways. A person may for example be trafficked for sexual exploitation, forced labour, the removal of body parts, as well as forced marriages. Expert knowledge is needed to handle these cases effectively in court,” said Dr Kruger, also responsible for the human trafficking initiative in the Unit for Children's Rights at the UFS.

Prior to the launch, a total number of 300 judicial officers, including six judges from the Southern African Development Community (SADC) received training on human trafficking. After receiving this training, the officers were sensitised to scrutinise domestic violence cases as well as inter-country adoption cases in order to identify possible human trafficking activities.

As keynote speaker at the launch, Dr Beatri Kruger from the Department of Criminal and Medical Law at the UFS, said that human traffickers were running operations like a well-oiled machine. They have abundant and sophisticated resources and often bribe corrupt officials to further their criminal activities. In South Africa, people combating human trafficking struggle with a lack of resources as well as comprehensive legislation. Most cases are prosecuted under the Children’s Act and the Sexual Offences Amendment Act of 2007. Unfortunately, this legislation still leaves a gap in the prosecuting of perpetrators. Only trafficking cases where where children are trafficked can be prosecuted under the Children’s Act. In terms of the Sexual Offences Amendment Act perpetrators can be prosecuted for trafficking persons for sexual exploitation only, and not for labour of other forms of trafficking. Therefore the comprehensive Prevention and Combating of Trafficking in Persons Bill 2010 needs to be finalised to cover all forms of trafficking.

There are more slaves today than at any time in the history of humankind. “To combat this serious problem, we need to follow a holistic approach,” said Dr Kruger. This includes prevention (raising awareness), effective prosecution and suitable punishment, the protection of victims, and partnering with all relevant stakeholders, including people in the communities. Community members are often whistle blowers of this crime.

The President of the SAC-IAWJ, Judge Connie Mocumi, handed copies of the manual, a three-year project, to judicial officers present at the launch. The manual covers, among others, the definition of trafficking in persons, trafficking in persons in South Africa and the Southern African region, a legislative framework, victims’ rights and criminal proceedings.

“It is critical that judicial officers appreciate the phenomenon of trafficking in persons in its broader socio-economic context. Therein lays the ability to deal competently with the often-nuanced manifestation of this scourge. The incapacity to recognise these nuances can deny victims access to justice. In that regard, the manual, amongst others, is to become an important empowering adjudication tool for judicial officers,” said Judge Mocumi.

More copies will be printed and be ready for distribution by the beginning of May this year.

Judge Belinda van Heerden, who also attended the launch, said: “There is progress on the judicial and legislative front to bring wrongdoers to book. This manual will go a long way in giving judicial officers insight into the problem.”

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