THE CELEBRATION OF HUMAN RIGHTS DAY IN SOUTH AFRICA 21 MARCH 2025
BY THE EXECUTIVE DIRECTOR ADV. NKOSINATHI MALGAS
[Human rights are women, elderly and children’s rights too]
Background to universal human rights:
The modern human rights law is a Post-World War 2 phenomenon. Its development can be attributed to the monstrous violations of human rights committed during the Hitler’s reign of terror in Europe. Post-World War 2 there was a well held belief that the violations and possibly the war itself might have been prevented had an effective international right existed in the days of the League of Nations. The international human rights cause was eloquently espoused as early as 1941 by President Franklin D. Roosevelt. In his famous “four freedoms” speech he called for a world founded upon four essential human freedoms. These identified as “freedom of speech and expression; freedom of every person to worship God in his own way; freedom from want, and freedom from fear”.
The International human rights were encapsulated into the Charter of the United Nations Article 1(3) in the following terms.
“To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.
The basic obligations of the Organisation and its Member States in achieving these purposes are set out in Articles 55 and 56 of the Charter.”
This background provides us with insight into the recognition of human rights as having been declared universal human rights by the United Nations [UN] to improve the lives of ordinary citizens. The Universal Declaration of Human Rights as declared by the United Nations [UN] had served as a barometer and yardstick to promote and protect human rights in the domestic countries. The protection and promotion of human rights were afforded international significance. Most human rights are located at the international level. To be able to locate these different rights traditions in the national narratives of a single society presents particular challenges
The promotion and protection of human rights in South Africa:
South Africa’s transition to a post-apartheid democracy, was often referred to as a ‘miracle’, and widely celebrated as a triumph for global human rights. The country’s new Constitution, its Truth and Reconciliation Commission, and the moral authority of Nelson Mandela stood as exemplary proof of this achievement. One of South Africa’s most significant achievements in human rights was the inclusion of socio-economic rights in the Constitution. Socio-economic rights have been singled out for a number of reasons namely because of their historical importance, secondly, because they are examples of rights that place a positive duty on the state (unlike the so-called classic, fundamental rights, which were thought to be purely negative of defensive rights), and thirdly, because they raise particular problems in regard to the dividing line between principle to be decided by the courts and policy. Despite, these positives achievements, post-apartheid era, government and the ANC had displayed an inconsistent attitude to the promotion and protection of socio-economic rights. Beyond the advancement of hard-won freedoms and the constitutional rights, these gains were reversed with respect to the implementation of socio-economic rights.
Over the past thirty years of constitutional democracy, South Africa has struggled to achieve significant progress in promoting and protecting human rights. South Africa’s Bill of Rights contains 39 provisions which have not found full expression in the daily lives of ordinary South Africans. The South African land reform programme which is constituted by the restitution of land rights, land redistribution and land tenure has dismally failed to distribute land in a fair and equitable manner. There is a backlog of about 80,000 land claims, which were lodged back prior to December 1998. The Constitutional court orders, regarding the expeditious resolution of these land claims, have been ignored by government. South Africa’s land reform programme has largely failed to achieve its intended goals of restorative social justice and dignity for communities historically dispossessed under the Natives Land Act of 1913.
Instead, the country has plunged into serious foreign debt with the third quarter of 2024, a foreign debt being at approximately $176,3 billion, an increase from $163.9 billion in the previous quarter. It is undoubtedly evident that the increase in foreign debt contributes to an external debt to GDP ratio of 41.5% for 2023, up from 40.4% in 2022. This reflects the extent to which South Africa find itself in its inability to fulfil its constitutional mandate to alleviate poverty, unemployment and reduce inequalities.
Therefore, the celebration of Human Rights Day in South Africa has different meaning for different nationalities in South Africa. The country is still divided into the “Haves” and “Have Nots” and with two economies in one country. It is excruciating to make the observations that the socio-economic rights which it is referred as ‘second generations rights’ have occupied the back bench on the government national agenda. A large proportion of poor and vulnerable citizens still live in informal settlements without any adequate infrastructure and or health facilities. The cancer of corruption has become deeply institutionalized and continues to permeate society, with little to no concerted effort to address it effectively.
The policy shift by U.S. President Donald Trump regarding support for South Africa through the African Growth and Opportunity Act (AGOA) could have a devastating economic impact on South Africa’s growth. The export led growth policy of South Africa will be greatly affected and the large preponderance of ordinary South Africans and/or farm dwellers would lose their jobs quite significantly.
On the other side the celebration of Human Rights Day is a great reminder for those fallen heroes and gallant fighters who lay their lives for political freedom. Though the perfect way of reminding them and memorising their history was through human rights finding full expression on the daily lives of ordinary citizens. There is still a long walk to go in achieving better lives for all in South Africa.
Adv. Nkosinathi Elliot Malgas
Executive Director
