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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

Prof Beatri Kruger conducts research on modern-day slavery
2014-12-12

 

Representatives of the US Embassy in South Africa and other stakeholders gathered in Bloemfontein in November 2014.
From the left are: San Reddy and Chad Wessen from the US Embassy, Prof Beatri Kruger, and Palesa Mafisa, Chairperson of the Kovsie National Freedom Network.

Human trafficking is a multi-billion dollar ‘business’ with daunting challenges because of the uniqueness and complexities involved in the crime, says Prof Beatri Kruger, ex-prosecutor and lecturer in Criminal Law in the Faculty of Law.

Prof Kruger’s on-going research concentrates on whether South Africa’s legal efforts to combat human trafficking complies with international standards set out in the United Nations Trafficking Protocol of 2000 and other relevant international treaties.

Since the completion of her studies, the Prevention and Combatting of Trafficking in Persons Act of 2013 was passed in Parliament, but needs to be promulgated. This means South Africa is still a long way from complying with the UN protocol. A delegation of the US Embassy in South Africa recently visited the Faculty of Law on the Bloemfontein Campus. The purpose of their visit was to gain information for the US Department of State’s comprehensive 2015 report on trafficking in persons.

Prof Kruger’s current research focuses on the new legislation in collaboration with other national and international stakeholders. One of the focus areas is how traffickers control their victims. This research enhances the understanding of why victims often do not seek help, do not want to be ‘rescued’ and why they return to the very traffickers who have brutally exploited them.

The recently released Global Slavery Index 2014 estimates that 36 million people are living as slaves worldwide and that 106 000 of them are in South Africa. This report states that ‘modern slavery’ includes human trafficking, forced labour, forced marriage, debt bondage and the sale of children. The International Labour Organization estimates the illicit profits of forced labour to be US $150 billion a year.

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