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24 March 2022 | Story Portia Arodi | Photo Supplied
Portia Arodi
Portia Arodi, Interdisciplinary Master’s in Human Rights, Free State Centre for Human Rights, Faculty of Law

Opinion article by Portia Arodi, Interdisciplinary Master’s in Human Rights, Class of 2022 Free State Centre for Human Rights, Faculty of Law, University of the Free State.
Human Rights Day means different things to different people. For some people, Human Rights Day means commemorating the day of the 1960 massacre when 69 people were shot and killed by police in Sharpeville.   In my opinion, Human Rights Day not only symbolises the historical events that occurred in 1960, but it also provides evidence of the inequalities that currently exist in South Africa.   The labour market in South Africa is still racialised and gender biased. The black majority in the labour market earns way less than their white counterparts, even though both are immersed in the same working conditions. According to Statistics South Africa (2015), the differences in the income of South Africans remain heavily racialised. Furthermore, since 1994, bridging the gap between gender and race continues to be a struggle. On the other hand, black women experience the same inequalities as their male counterparts. The difference is that black females are subject to double discrimination, based not only on their race, but on their gender as well. Despite occupying the same positions as males and assuming similar duties and workload, their salaries remain low. 
  
Human rights in an unequal society

On the other hand, for some categories of people – namely the elite and those in power – Human Rights Day amounts to a democratic South Africa, a country where the constitution is the supreme law of the land and where everyone (without exception) enjoys freedom and human rights. For this particular section of the ruling class and elite, Human Rights Day attests to the effective transition from the apartheid era to a democratic society characterised by freedom, equality, and dignity for all.

For those who lack access to basic needs such as water, food, shelter, health care, electricity, and sanitation, their perception of Human Rights Day may be very different, as they live in poverty with no promising future prospects.  In fact, for the larger section of the population, democratic South Africa is nothing but a burden that does not have much to offer.  Indeed, how to explain that in 2022, the black majority still relies on the bucket system for sanitation; how to understand that to date, they still survive in squatter camps and go through days and nights on an empty stomach? 

It is my contention that the celebration of Human Rights Day has failed to consider a holistic approach to highlighting and raising awareness on critical issues, including poverty and inequality. The realisation of socio-economic rights by authorities exists only on paper but is yet to be done effectively. The provision of service delivery, health-care services, infrastructure, the right to food, education, and other basic needs remains characteristic of modern South African society. From this perspective, it means that we are celebrating one part while neglecting the other.

Would it be fair to celebrate Human Rights Day when there are still children studying under trees?
Would it be fair to celebrate Human Rights Day when there are children going to school without food?
Would it be fair to celebrate Human Rights Day when there are children who are not able to go to school or receive basic education?
Would it be fair to celebrate Human Rights Day when racism is still occurring in our schools and workplaces?
Would it be fair to celebrate Human Rights Day when children are being raped by their teachers at school?
Would it be fair to celebrate Human Rights Day when some universities are still using Afrikaans as their primary language?
Would it be fair to celebrate Human Rights Day when our students are being deprived of education due to the mandatory vaccination policy?
Would it be fair to celebrate Human Rights Day when white privilege still exists among university students?

Is Human Rights Day still worth commemorating?

What are we celebrating on Human Rights Day?  Are we celebrating the achievements of the minority population? Are we celebrating the few changes that have occurred since the advent of a democratic South Africa? Are we celebrating the Fees Must Fall movement that occurred in a contest where some students who were fighting for free education were arrested, shot, and even killed? Are we simply referring to what occurred in 1960? Why are we not celebrating the Fees Must Fall movement? Why are we not celebrating the Rhodes Must Fall movement? Why are we not celebrating the Steyn Must Fall movement? 

On 21 March 2022:

We need to celebrate the Fees Must Fall movement.  
We need to celebrate the Rhodes Must Fall movement.
We need to celebrate the Steyn Must Fall movement.
We need to fight for the voiceless. 
We need to get commitment from government to abolish the use of the bucket system.
We need to get a commitment from government to build more schools, hospitals, shelters, roads, and other infrastructure.
We need to get commitment from government to hire more teachers. 
We need to get commitment from government on protection against racism that occurs in schools and universities. 

We need to get commitment from government regarding the abolition of the mandatory vaccination policies at universities.

On Human Rights Day, let us evaluate whether the Constitution of South Africa is protecting and safeguarding the rights of all human beings, irrespective of their gender, race, ethnic group, socio-economic status … etc.  Is this the democratic South Africa we would want our children and great-grandchildren to have in 50 years? If not, then we have a responsibility to find better ways in which the Constitution of South Africa functions as intended. 

News Archive

CR Swart Memorial Lecture: Mr Cecil le Fleur
2006-08-08

Khoe and San call for government to speed up policy dialogue with indigenous communities  

 Mr Cecil le Fleur, leader of the National Khoe-San Consultative Conference and member of the executive management of the National Khoe-San Council, has called for a national policy on indigenous peoples to protect the human rights and special needs of indigenous people in South Africa.

 Mr Le Fleur delivered the 38th CR Swart Memorial Lecture on the Khoe and San at the University of the Free State (UFS).  He commended the UFS for its serious approach to the Khoe and San and for initiating initiatives such as a research project on the Griqua in which various aspects linked to language, -culture, -history, - leadership, their role in the South African community (past and present) and the conservation of their historical cultural heritages will be covered.   

 “The policy dialogue with indigenous communities initiated by government in 1999 and supported by the International Labour Organisation (ILO), has been exceedingly slow, owing to political and bureaucratic problems,” said Mr Le Fleur.

 According to Mr Le Fleur the slow pace is also impacting negatively on the United Nations’ efforts to expand the international standards and mechanisms for human rights so as to include the special needs of indigenous peoples.

 “The successful adoption of a South African policy would probably have a major impact on the human rights culture of Africa and, more specifically, on the UN system,” he said.

 “South Africa has a powerful moral authority internationally and is willing to use this authority in multilateral forums. At this stage, however, South Africa’s Department of Foreign Affairs (DFA) may not take an official position on UN instruments and declarations pertaining to indigenous issues, until the Cabinet has resolved its own domestic policy position,” he said. 

 According to Mr le Fleur it therefore came as a great surprise when the DFA brought out a positive vote in the UN for the adoption of the "Draft Declaration on the Rights of indigenous Peoples" in June this year, even before the completion of the policy process. 

 Policy consolidation in South Africa is the primary key to creating a new policy climate in Africa in order to protect the rights of indigenous peoples.  “The existing constitution of the Republic of South Africa is one of the most liberal on the continent, and embraces the concept of redress of past discrimination.  It already includes a clause (Section 6) making provision for the protection of language rights for Khoe and San peoples - the fist peoples of southern Africa,” he said. 

 “If South Africa can effectively integrate this ‘third generation’ of collective rights within an existing democratic constitution, this will send a clear message to Africa and the world that indigenous rights are a necessary component of human and civil rights in modern democracies,” he said.

 Mr Le Fleur proposed an institutional framework based on set principles that would satisfy the needs and aspirations of the Griqua and other first indigenous peoples in South Africa.  “The proposed framework was based on the notion of vulnerability as a result of colonialism and apartheid, which stripped us of our indigenous identity, cultural identity and pride as people.  This injustice can hardly be addressed within the existing mechanisms provided by the current text of the Constitution,” he said.

 Mr Le Fleur also proposed that the principles of unique first-nation status, as recognised in international law, should be applied in the construction of the framework of the constitutional accommodation for the Khoe and San. 

 Mr Le Fleur further proposed that the Khoe and San’s indigenous status in constitutional terms must be separate from the constitutional acknowledgement of their status as a cultural community, as envisaged in sections 185 and 186 of the Constitution of 1996.

 According to Mr Le Fleur, the suggested mechanism should make provision for structures such as:

  •  A statutory representative council for First Indigenous Peoples of South Africa at a national level;
  • a separate Joint Standing Committee on Indigenous and Traditional Affairs, in both the National Assembly and the National Council of Provinces on which the Khoe and San can be represented;
  • a representative structure for the Khoe and San in the legislature of each relevant province; and
  • ex officio membership in the relevant structures of local government.

Media release
Issued by: Lacea Loader
Media Representative
Tel:   (051) 401-2584
Cell:  083 645 2454
E-mail:  loaderl.stg@mail.uovs.ac.za 
24 August 2006


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