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Human rights this and that … whose perspective matters?

13 March 2024 Photo Sonia Small

Opinion article by Prof Sethulego Matebesi, Associate Professor and Academic Head of Department of Sociology, University of the Free State.

There was a time when weekly news coverage of South Africa was dominated by various forms of racism, racial discrimination, xenophobia, and related intolerance incidents that painted a grim picture of respect for human rights.

However, in the history of contemporary South Africa there has been plenty of optimism about the prospect of deepening the understanding of human rights in order to entrench a human rights culture among citizens. This optimism is underscored by a range of deliberate actions by the South African government to promote, protect, and monitor the development and observance of human rights through, for example, the South African Human Rights Commission and the Commission for Gender Equality.

Yet, while these institutions – and many other policy instruments to ensure compliance – are central to creating an environment conducive to advancing rights enshrined in the Bill of Rights, citizens also hold significant responsibility to prevent the escalation of discrimination and racial tension. But many of us face an uncomfortable truth we have become accustomed to avoiding: the ability to show unusual restraint in the face of injustice.

The challenge of combating practices that glorify intolerance

Beyond formal political rights, human rights also entail the progressive realisation of the right to the structural social determinants of well-being, such as access to clean water, food, and a healthy environment. However, while the process of social change in South Africa has many unique attributes, the response to the process reflects two extremes.

There are, on the one hand, those who cultivate an image as defenders of the rights of the ‘oppressed’ and are predominantly black activists, and on the other hand, anti-transformation forces who stall the move of the country towards a more inclusive and egalitarian future and are primarily white activists. These activists, whether advancing the reclamation of rights, perpetuate legacies of the past instead of asserting a positive commitment to eradicating socially constructed barriers to equality.

These activists are found everywhere. They are part of our education, religious, political, and social establishments. Reflecting on the painful past of the country, these activists do not help foster diversity as an ethos but advance the conscious and unconscious practices of structural racism. Aided by hyper-personalised social media feeds, these activists can stretch the boundaries of logic and destabilise fragile and established democratic and human rights.

The problem, they claim, is that those who embrace diversity and want to find amicable solutions to longstanding social injustices are either advocates of white supremacy or want to abrogate their right to freedom of expression. In such cases, when people in a hate frenzy find something to hate together, they become bonded. And anything contrary to their beliefs goes into an echo chamber of mockery.

I do not want to establish a potentially trivialising affinity with branding activists who assert their rights as an attack on human rights. But attention is drawn to instances where noble objectives to confront the tentacles of human rights abuses have been weaponised against what is perceived as ‘the other.’

But how can we navigate this fundamental societal defect? Collective agency to advance the ethos of human rights

After three decades of democracy, attempts to eliminate systematic and institutionalised under-privilege must be welcomed. Likewise, our response to the perceived threats to efforts to enhance diversity as an ethos in public institutions and society matters. In many instances, when subjugated to hatred, hostility, or even violence, there is a tendency to believe that the best approach to such an absurd situation is more absurdity. At its most benign, such a response is not helpful to efforts to embrace diversity. At its weirdest, it garners public sympathy for hate groups and activists.

While there have been concerted efforts internationally and nationally for the progressive realisation of social rights and efforts to strengthen democratic resilience and rights-respecting societies, South Africans have been passing the buck. Rights-respecting citizens have a choice to make. They can continue to pass the buck or help build a culture where everyone achieves their potential and develops into responsible citizens.

I am convinced that beyond formal politics, the attainment of respect for cultural diversity and professing the freedom, equality, and unity of all peoples are contingent upon our collective activism and shared commitments to these values. This collective approach – although some may view it as illusory – is, in fact, our most potent weapon. Reinforcing its commitment strengthens our collective agency and resolve to respect human rights and fundamental freedoms.

News Archive

Legal elite tackle thorny issue of corruption

2013-01-24

Our Faculty of Law brought together top experts and judges for a Symposium on Corruption, to investigate one of the most pressing concerns of South Africans.
Photo: Stephen Collett
24 January 2013

YouTube Video

Chief Justice Mogoeng Mogoeng yesterday (24 January 2013) concluded the proceedings of the first day of the International Symposium on Corruption, hosted by the Faculty of Law of the University of the Free State (UFS). In his address Justice Mogoeng made no excuses as to the magnitude of the threat corruption presents to South African citizens.

“Urgent action and efficient measures are called for to arrest this scourge, for the sake of our constitutional democracy,” he warned. “Our vibrant constitutional democracy will not and cannot survive in the face of rampant corruption.”

Justice Mogoeng said the spate of civil and labour unrest erupting throughout the country can be attributed to corruption. According to him the scope and far-reaching implications of corruption drives South Africans to “boiling point” and evokes “anger, frustration and a don’t-care-attitude that often manifests in widespread protest actions” and disrespect for the rule of law.

“South Africans, irrespective of race or creed, must identify and focus on their common enemies and find a conciliatory and unifying way of dealing with what divides them, including the lingering prejudices of the past,” Justice Mogoeng urged.

Despite the threat corruption poses, he stressed that all South Africans have a role to play in the fight against corruption and that there are different role players that can become involved in the process. Especially important is the media and faith-based agencies which, according to Justice Mogoeng, can regenerate morals and secure a “national moral code.” The State must further ensure enforcement of anti-corruption measures and preside over the selection of individuals of “solid character” to reside in agencies meant to fight corruption.

He highlighted the need for an unbiased and independent judiciary, one immune to outside influences controlled by powerful forces, as well as personal agendas.

Although Justice Mogoeng believes that the private sector is most guilty of transgressions based on corruption, he stated that a “well-coordinated war” against it must be waged in all sectors in order to stamp it out.

Justice Mogoeng presided over the unveiling of the redesigned foyer of the CR Swart Building and praised the Faculty of Law for its innovation with regard to the symposium.

“I look forward with great optimism to more well-organised symposiums that strike at the nerve-centre of the well-being of our constitutional democracy,” he concluded.

Symposium seeks answers and solutions

The Faculty of Law at the University of the Free State (UFS) concluded its International Symposium on Corruption on Friday 25 January 2013. The event featured a stellar cast of speakers, including the Chief Justice of South Africa, three current Supreme Court of Appeal judges, high-court judges, advocates, prosecutors, journalists, as well as local and international legal academics.

Throughout the two-day symposium, corruption was dissected as a severe problem in the South African socio-economic landscape and solutions were sought to alleviate the pressing concern.

The main attractions of the symposium were undoubtedly the attendance and presentations delivered by Chief Justice Mogoeng Mogoeng, as well as Prof. Leon Wessels. Prof. Wessels was described as “one of the founding fathers of the constitution of South Africa” by Judge Fritz Brand, a current Appeal Court judge and the third-longest serving judge in the country.

“Corruption is stealing the constitutional dream of this country. Corrupt leaders are fearless, those who expose corruption, are fearful,” Prof. Wessels warned.

Judge Brand closely trails the second longest serving judge in the country in former Kovsie, as well as former UFS Council Chairman, Judge Faan Hancke. Both judges addressed the symposium and chaired sessions, along with Prof. Johan Henning, Dean of the Faculty of Law, and Judge Ian van der Merwe, Chairman of the UFS Council.

It was, however, not all doom and gloom, as several of the speakers offered tangible ideas in what was often termed the “war on corruption”. Celebrated Sunday Times journalist Mzilikazi wa Afrika who has been arrested following the police leasing scandal which he exposed, urged South Africans to stand together in their fight against corruption, before it is too late.

People on the front lines in the day to day fight against corruption also spoke at the symposium, giving the audience a better understanding of the intricacies and challenges involved in the process. The Head of the National Prosecuting Authority’s Asset Forfeiture Unit, Mr Willie Hofmeyer, as well as Advocate Xolisile Khanyile, who is the Director of Public Prosecutions in the Free State, elucidated this struggle.

The symposium also hosted Prof. Chizu Makajima, a celebrated academic from the United Kingdom.

The two-day symposium ended in style as the delegates gathered in the Centenary Hall on the Bloemfontein Campus for lunch, with a further address by Prof. Leon Wessels

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