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Post Apartheid South
Africa
South Africa has emerged from a bitter history of
colonialism and apartheid into an era characterised by a democratically elected and
Constitutional government with a Bill of Rights which prohibits discrimination on the
basis of race, colour, gender, religion and ethnicity. Apartheid was a formal system of
racial segregation, repression and subjugation , which divided its people. For this
reason, it was condemned by the United Nations as a crime against humanity.
Since South Africa’s transitional period, a new
constitution was put in place in 1994. The Republic of South Africa is now a sovereign ,
democratic state founded on the following values:
- human dignity, the achievement of equality and the
advancement of human rights and freedoms
- non-racialism and non-sexism
- supremacy of the constitution and rule of law
- universal adult suffrage, a national common voters’
roll , regular elections and a multi-party system of democratic government, to ensure
accountability, responsiveness and openness.
South Africa’s constitution is the supreme law of the
Republic. Law or conduct inconsistent with the constitution is invalid and the obligations
imposed by it must be fulfilled.
South Africa is party to a number of international Human
Rights Instruments such as the:
- International Convention on the Elimination of all Forms of
Racial Discrimination (CERD)
- Convention on the Prevention and Punishment of the Crime of
Genocide
- Convention for the Suppression of Traffic in Persons and of
the Exploitation of the Prostitution of others, plus final protocol
- Convention on the Political Rights of Women
- Convention on the Nationality of Married Women
- International Covenant on Economic, Social and Cultural
Rights
- African Charter on Human and Peoples’ Rights
- Convention for the Suppression of the Traffic in Women and
Children
- Convention on the Rights of the Child
- Convention Relating to the Status of Refugees
- Convention Against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment
- Slavery Convention
- Geneva Convention I to V
Additional to being party to international conventions,
South Africa’s Constitution also provides for the establishment of the following
state institutions to strengthen constitutional democracy in the Republic:
- The Public Protector
- The Human Rights Commission
- The Commission for the Promotion and Protection of the
Rights of Cultural, Religious and Linguistic communities
- The Commission for Gender Equality
- The Auditor General
- The Electoral Commission
i). These institutions are independent, and subject only to
the constitution and the law, and they must be impartial and must exercise their powers
and perform their functions without fear, favour or prejudice.
ii) Other organs of state, through legislative and other
measures, must assist and protect these institutions to ensure the independence,
impartiality, dignity and effectiveness of these institutions.
iii) No person or organ of state may interfere with the
functioning of these institutions.
iv) These institutions are accountable to the National
Assembly, and must report on their activities and the performance of their functions to
the Assembly at least once a year.
To ensure that Human Rights are integrated into the fabric
of our society, the South African government established an institutional machinery that
is representative of our consultative democracy. Amongst others, the components of the
machinery include, the Office on the Status of Women, the Office on the Rights of the
Child and the Office on the Rights of People with Disability, located in the Executive
Branch in the Presidency.
The South African Human Rights Commission and the
Commission on Gender Equality are statutory bodies, which ensure compliance with Human
Rights legislation in the country and investigate the violations of Human Rights in South
Africa. In Parliament, the Government introduced monitoring measures through the Joint
Monitoring Committees, which monitor the work of Parliament.
The above-mentioned mechanisms are, inter alia, put in
place primarily to address the injustices of the past and to ensure that South Africa is a
truly democratic country with full protection for the rights of all of its citizens.
Further, South Africa developed a National Action Plan for
the Promotion and Protection of Human Rights which was duly deposited with the United
Nations on the 10th December 1998 to mark the 50th Anniversary of
the Universal Declaration of Human Rights. A National Consultative Forum on Human Rights
is also in place. The National Action Plan recognises that racism is a major problem
preventing the full enjoyment of Human Rights, especially economic and social rights and
affects the development of a culture of Human Rights in South Africa.
As part of the ongoing series of initiatives to address the
spectre of racism in society and to lay a foundation for the preparatory process for the
World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance
(WCAR), South Africa held the National Conference on Racism between the 30th
August and 2nd September 2000. The preparations for, and participation in the
Conference were inclusive and entailed consultations with all sectors including the civil
society. The Conference concluded with the South African Millennium Statement on Racism
and Programme of Action. Amongst other points, it urged all South Africans to give maximum
support to the Third World Conference Against Racism, Racial Discrimination, Xenophobia
and Related Intolerance (WCAR), to be involved in all preparatory activities and
participate fully in all events to mark this international endeavour.
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