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20 March 2023 | Story Prof Danie Brand | Photo Supplied
Prof Danie Brand
Opinion article by Prof Danie Brand, Director of the Free State Centre for Human Rights at the University of the Free State.

Opinion article by Prof Danie Brand, Director of the Free State Centre for Human Rights at the University of the Free State
What does it mean to say one has a right to something, such as access to housing or to protest or to property? What are human rights? What do they ‘do’?

One often hears of human rights being asserted as if they give one an absolute claim to something specific and discrete, which can be enforced against anything and everyone else, irrespective of the impact on the interests (and rights) of others, as well as broader public goals or values.

Perhaps the clearest example of this was the way in which the right to ownership of land was understood under apartheid property law. Ownership then was an absolutely exclusive right: it entitled its holders to exclude everyone else without a countervailing right from their land, irrespective of circumstance or context. All a landowner had to prove before a court to obtain an eviction order if they sought to evict someone from their land, was that they had the right (owned the land) and that those they sought to evict had no countervailing right in law to be on the land. If the right was proved in this way, the remedy of exclusion through eviction followed automatically – the court had to grant the eviction order.

Constitutional right to peaceful protest

A more recent example of this view was on display in the way in which members of parliament complained about their removal from the house when they attempted to shut down the President’s State of the Nation Address through protest action. Many responded by saying their removal was unjustified because, by trying to stop the address from proceeding, they were exercising their constitutional right to peaceful protest. The assumption underlying this response is that the right to protest peacefully and unarmed entitles you to protest peacefully and unarmed in any way you see fit and regardless of the consequences for other people and for society at large.

With this view of rights, a right bestows on its holders a sphere of absolute inviolability – an abstract space within which they can do what the right entitles them to do (protest, hold property, speak, associate or whatever), subject to nothing and no-one else, with no limitations. Rights are seen as instruments through which to separate ourselves from other people and unilaterally impose our will and our interests on others. Rights operate as trumps, boundaries, conversation stoppers.

Understanding human rights

Fortunately, our constitution embodies a different vision or understanding of human rights. In various ways, our constitution makes it clear that what exactly our human rights entitle us to do, or have, or experience, is never abstractly fixed, immutable, or absolute, but must always be determined anew within context. Whenever we seek to exercise one of our human rights, its precise contours and limits must be determined in light of the circumstances prevailing at the time we seek to exercise it; the history of our country; the impact that our exercise thereof will have on the rights and interests of other people; and how our conduct in terms of the right aligns with the public interest and broader constitutional goals.

In this view of rights, our understanding of the right of ownership (which is of course not one of the human rights proclaimed in our constitution but is only indirectly protected in Section 25 of the Constitution) has been moulded into something entirely different from the apartheid conception. Landowners no longer have absolute, exclusive control over their land that simply arises from the fact that they have the right to ownership. If landowners today want to remove people occupying their land without any legal right to do so – in addition to and after proving their ownership – they must persuade a court that eviction would be just and equitable in light of all relevant circumstances (prevailing circumstances; interests of others, including the occupiers of their land; the public interest; constitutional goals) before they will succeed.

WATCH: The Power of Human Rights 




Building democracy

Likewise, if we seek to exercise our right to protest – in order to know what we would be entitled to do in terms of that right – we must consider how our protest will affect the rights and interests of others and whether that impact can be justified, and how the manner and form of our protest squares with constitutional goals such as building democracy. Equally, of course, if others object to our protest because of its impact on their rights and interest, they will have to contextualise their attempt to exercise their right to education, or academic freedom, or freedom of movement in light of our interests, the prevailing circumstances, the public interest, and constitutional goals such as fostering democracy, freedom of association, and freedom of speech.

That is, instead of rights in our constitutional order being abstract spheres of inviolability that can be exercised against others to protect or enforce our interests without consideration of context, keeping us apart, they are mechanisms to enable us to live together, to find accommodation between our disparate, perhaps conflicting, but often overlapping interests and concerns.

What is it then that our human rights do for us or entitle us to? Whenever our human rights-related interests are at stake, or if we rub up our fellow human beings with whom we cohabit the wrong way when our interests seem to clash, they entitle us to be taken equal account of. They require others (most importantly those in authority, usually the state) to include us and have concern for our interest, equal to the concern for others, in the conversation about what should happen and what we may or may not do. In this sense, rights do not keep us apart or stop conversations. Instead, they are acutely democratic mechanisms, making it possible for us to live together. ‘Only that?’, you may respond – but this is no small thing.

News Archive

Call for campus review and participation into renaming and renewal of statues, signs, and symbols on UFS campuses
2016-08-25

 

The leadership of the University of the Free State (UFS) is issuing a Call for the renaming and renewal of statues, signs, and symbols on the three campuses to staff, students, and alumni.

In line with the founding statement and guidelines of the Naming Committee of Council, The Call will seek to retain the best representations of the history and identity of the UFS over more than a century, while committing to the transformation imperatives of our new democracy so that the totality of statues, signs, and symbols give credence to both the past and the future, all in line with the values of the Constitution of the Republic of South Africa.

Submissions should be made to the
SSSC between 21 July 2016 and 31 August 2016.
Proposals can be delivered to the
office of the Director: Communication and
Brand Management at Room 49,
Main Building, Bloemfontein Campus, or
via email to sssc@ufs.ac.za.

The ‘Guiding Principles’ of the Naming Committee, approved by Council on 8 March 2013, are transformation, reconciliation, excellence, distinctiveness, leadership, comprehensiveness, balance and sensitivity. The Policy of the UFS on Naming and Renaming is available here: http://bit.ly/2aeTLUz; and the Remit of the Naming Committee of the UFS is available here: http://bit.ly/29NXESC.

The Call will give special attention to creative submissions from staff, students, and alumni, such as signs and symbols that reflect our entangled past and place rival memories in critical conversation. Whatever is proposed, our commitment to the Academic Project and the Human Project remain foundations on which inspirational proposals could be based. In the end, a campus that is richly diverse, inclusive, and just in its symbolic infrastructure, would give visible meaning to the university’s commitment to social justice and reconciliation.

All submissions should be made to the Statues, Signs, and Symbols Committee (SSSC) between 21 July 2016 and 31 August 2016. Proposals could be delivered in hard copy to the office of the Director: Communication and Brand Management at Room 49, Main Building, Bloemfontein Campus or via email to sssc@ufs.ac.za.

Proposals will be reviewed by the SSSC, which is a subcommittee of the Naming Committee.

Final proposals will be submitted to Council for consideration at its final meeting of the 2016 academic year. In other words, new statues, symbols and signs – those approved by Council – will be implemented from January 2017.

Submissions could include, but are not limited to, the following: the renaming of streets and buildings; the proposal of new statues and other symbols on campus; the renewal of artwork collections; the reconfiguration of existing statues and symbols; the introduction of memorial gardens; the instatement of new galleries, sculptures, and literary collections; the establishment of prominent academic chairs or annual academic lectures in the name of illustrious figures, etc. Particular attention should be given to new buildings in the process of being built, such as residences.

Finally, it is important that the views and recommendations of all staff, students, and alumni be considered in submissions and that every campus citizen, past and present, has a sense of being able to participate fully and freely in the process.

Released by: Lacea Loader (Director: Communication and Brand Management)
Tel: +27 51 401 3422/2707 or +27 83 645 2454
Email: news@ufs.ac.za | loaderl@ufs.ac.za
Fax: +27 51 444 6393

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