LEADERSHIP:  It can take on a more active role in denouncing the surge of legislation repressing individual rights in Africa, write University of Pretoria academics Zainab Monisola Olaitan and Christopher Isike…

By Zainab Monisola Olaitan and Christopher Isike

The recent surge in anti-rights legislation across Africa raises concern about the progress of the promotion of human rights in South Africa. This concern is born out of growing support for legislations that violate the rights of citizens in several African countries, thereby questioning the ability of South Africa to avoid falling victim to this wave.

Reflecting on the catalytic event of 21 March 21 1960, when apartheid police opened fire on protesters, to December 29 2023, when South Africa initiated claims against Israel at the International Court of Justice, it is easy to conclude that the promotion of human rights has been an important aspiration for the country.

However, while South Africa’s human rights aspirations and achievements can be applauded, it is important to pay attention to the wave of anti-rights legislation sweeping across Africa as we celebrate Human Rights Day in South Africa.

In 1995, March 21was declared Human Rights Day in South Africa to commemorate the 1960 Sharpeville massacre. This massacre by the apartheid regime’s police claimed 69 lives and wounded 180 people who were protesting against the humiliating and discriminatory “passbook”, also referred to as a “dompas”, which was meant only for black South Africans. This day has now also been declared International Day for the Elimination of Racial Discrimination by the United Nations. The event of March 21 1960 is part of several reasons why South Africa adopted its Bill of Rights.

South Africa remains one of the few African countries with a rights-based constitution, with its Bill of Rights adjudged to be one of the best in the world. This 1996 Constitution provides for the promotion, protection and respect of the human rights of all, irrespective of race, ethnicity, class and gender.

For example, it enshrines the rights of sexual and gender minorities, women’s reproductive rights, and mechanisms (Chapter 9 institutions) to ensure strict adherence. One strength of the South African Constitution is its protection of sexual minorities’ rights, women’s reproductive rights and the political rights of all citizens. The latter has, for instance, given impetus to the participation of women in the political system, which has steadily increased since the first democratic elections in 1994.

As of 2023, South Africa has the second highest number of women in parliament, at 46.06%, in Africa according to the Inter-Parliamentary Union. These positive manifestations demonstrate South Africa’s commitment to the protection of human and women’s rights.

Nonetheless, the country still struggles with addressing attitudes that can enable a favourable environment for the protection of human rights. This is evident in the face of increasing rates of gender-based violence, discrimination based on sexuality and sexual orientation, race-based inequalities, and xenophobia targeted at African migrants in South Africa.

These problems raise concerns about the possibility of regression of human rights in the country. This is exacerbated by the wave of harsh legislations that restrict individual rights on the continent, which populist politicians and thought leaders in South Africa use to justify a revision of the country’s constitution.

Countries like Ghana, Uganda and Gambia are among countries that have introduced legislations that violate the rights of their citizens. For instance, the parliament of Gambia is considering the removal of the ban on female genital mutilation (FGM). A move that is largely supported by faith-based organisations using religion to justify FGM. This puts into perspective the severity of the regression of human rights on the continent.

This is largely a function of anti-rights movements in Africa, which are focused on stalling progressive human rights instruments as they lean towards a more conservative understanding of religion; are aligned with politicians; emphasise traditional family values; and are dedicated to preserving “African values”.

This presents a false image as one that upholds public morality, and permeates many African countries. However, what is also clear is that the movements are anti-human rights, anti-women’s rights, and intent on maintaining the status quo of inequalities, separation, and oppression of minorities, the poor and vulnerable in Africa. They use the argument of preservation of African values as a justification for introducing regressive legislation, which helps them to rally support within the population.

The steady regression of human rights in Africa places a responsibility on South Africa as a key regional player in Africa to act as a conscience for the rest of Africa. While reflecting on its shortcomings, South Africa can take on a more active role in denouncing the surge of legislation that represses individual rights in Africa. The reflection on how it can as a country consolidate its commitment to protecting human rights can also serve as a basis for its active role in promoting human rights on the continent.

Most would say that South Africa has its problems; however, the contagion effect of anti-rights legislation in Africa requires that South Africa tighten its rope on human rights promotion. This necessity comes in the face of internal societal attitudes that are antithetical to the promotion and protection of human rights. The social cannot be divorced from human rights issues, as race-based inequality, gender inequality and income inequality will continue to find expression within a society that does not take active measures to protect the equal rights of all its citizens.

Human rights are not just legal instruments; they have socio-political and economic implications for both citizens and the country. Therefore, more active measures must be taken to safeguard human rights.

Therefore, as South Africa celebrates Human Rights Day, the government must take its role as a duty bearer seriously in the promotion, protection, respect and fulfilment of human rights. It must continue to act as a conscientious guardian of rights for South Africa and all that live within it.

Additionally, just as it has been steadfast in its support for the people of Palestine and its condemnation of the violence committed by Israel against Palestinians, South Africa must continue to set the pace for a rights-based model of governance in Africa. This will enable it to mount a formidable opposition to the wave of anti-rights legislation threatening the rights of women, sexual minorities and children. It also aligns well with the theme of this year’s Human Rights Day: ‘All human beings are born free and equal in dignity and rights.’

• The authors of this article, Dr Olaitan is based at University of Pretoria’s Centre for Human Rights and Professor Christopher Isike at the institution’s Political Sciences Department and is also the Director of the African Centre for the Study of the United States

Comment

GOVT. SHOULD HONOUR THEIR COMMITMENT TO DELIVER

After enduring the cancer and pain of racial discrimination at the hands of the apartheid regime for hundreds of years, Black people in South Africa heaved a sigh of relief when this oppressive system came to an end with the advent of a new democratic order under the African National Congress in 1994.

Black men, women and children who were for years denied their basic human rights, attained their freedom which came at a very heavy price because thousands of  political activists were killed, maimed and others arrested and jailed .

These included members of the ANC’s military wing, Umkhonto we Sizwe (MK) and the Azanian People’s Liberation Army (Apla), the military wing of the Pan Africanist Congress.

As the nation celebrated Human Rights Day this week, we need to be reminded of the cruel and racist policies of the  Nationalist Party government that subjected Black people to the worst forms of living conditions with the sole aim of denying them  basic human rights.

The denial of  these rights led to peaceful protests throughout the country and culminated in one of the most brutal attacks by the apartheid police who mowed down nearly 70 people and injured nearly 200 others during a peaceful demonstration in Sharpeville on March 21, 1960. The only sin the group had committed was to protest against the  Pass laws which required every Black person – men and women – to carry the dompas at all times for identification purposes. Failure to produce it resulted in a jail term. The vicious attack on unarmed innocent men and women showed that the regime had very little regard for Black lives.

Since the ushering of the new order, the ANC – led government has tried their best to fight and remove all forms of discrimination and replace this disgraceful policy with the principles of  human rights for all in this country. It has not been an east task since the process started 30 years ago because of resistance from certain quarters within the white community who still believed that a Black person’s place was still in the kitchen- with no rights at all.

While we commend the government for their efforts in the introduction and protection of human rights, we also call on the authorities to honour their commitment to improve the lives of the poor some of whom still lived in squalid conditions, and to deliver the necessary services to  them. All South Africans also have a right to education, employment and protection against acts of criminality.

The government should swiftly rid itself of officials who were retarding its plans of  offering communities better services and replace them with efficient staff. South Africans have a basic right to complain against lack of essential services.

As our late Madiba once said : ‘’ To deny people their human rights is to challenge their very humanity.’’