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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

Law students rated among the top in the world
2007-04-18

The UFS team that competed in the moot arbitration competition in Austria was, front from the left: Sunette Visser and Dee Leboela; back from left: Lucian Companie, Vicky Olivier and Deman Smit.
UFS Law students rated among the top in the world
A team of eight students from the Faculty of Law at the University of the Free State (UFS) has put the university among the top universities in the world when it was ranked 46th out of 177 universities that recently took part in the Willem C. Vis International Commercial Arbitration Moot competition in Vienna, Austria.

Universities from more than 55 countries took part in the competition and 1 800 arguments were delivered over a period of seven days. The UFS team competed against countries such as Switzerland, Russia, Lapland and France.

The team did exceptionally well in all the arguments and was complimented on oral performance and litigation skills. “In the final round, one of the arbitrators, who is a practising international trade lawyer and arbitrator, said that the team’s oral arguments were of exactly the same standard as that of practising international trade lawyers in real arbitrations,” said Prof. Elizabeth Snyman-Van Deventer, coach of the team and lecturer at the Department of Mercantile Law.

To put the cherry on top, one of the team members, Deman Smit, received an individual oralist award and an honourable mention as one of the best speakers. His score of 138 out of 150 placed him within three (3) points of the international individual winner.

The Dean of the Faculty of Law, Prof. Johan Henning said: “The fact that Deman missed out on receiving the top speaker award by a couple of points is a striking example of the world class students this faculty is delivering. It also shows that the faculty needs not to stand back for law faculties such as those of Harvard, Freiburg, Munchen, Stanford and Sorbonne.”

The Willem C. Vis International Commercial Arbitration Moot is an annual competition organised by the Institute of International Commercial Law at the Pace University School of Law in New York, United States of America. The goal of the competition is to foster the study of international commercial law and to train students in methods of alternative dispute resolution.

“The Faculty of Law also sees this competition as part of our development strategy to develop skilled arbitrators for commercial disputes. There is a need in Africa for commercial lawyers to facilitate international trade. This programme is also in line with the development strategies of the African Union,” said Prof. Snyman-Van Deventer.

The UFS team comprised of: Dee Leboela, Smit, Lucien Companie, Vicky Olivier, Sunette Visser, Qaqamba Vellem, Hanno Bekker and Lucy Nthotso.

Media release
Issued by: Mangaliso Radebe
Assistant Director: Media Liaison
Tel: 051 401 2828
Cell: 078 460 3320
E-mail: radebemt@ufs.ac.za 
18 April 2007
 

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