The journey toward accessing human rights in post-apartheid South Africa: progress made and lingering challenges

By: Bongiwe Khumalo,

Human rights is a term that was not taken to be of great importance before but has come to acquire a much more significant meaning in recent years in South Africa. The word rights overlaps with the concepts of citizenship, constitutionalism, natural rights, civil rights, minority rights, and the rule of law. South Africans are counting 30 years of democracy since the end of the apartheid regime in 1994. This transition marked a significant milestone for human rights in South Africa, as it ended decades of systemic racism and oppression of the black majority by the white minority government. The constitution of South Africa was projected to help in the establishment of a post-apartheid society based on democratic values, social justice, and fundamental human rights. It was designed not only to defend natural rights and restrict the powers of the state over the individual but also to build an open, democratic society, holding the government to account where necessary. The South African Human Rights Commission (SAHRC), is a Chapter 9 institution established to support constitutional democracy through promoting, protecting, monitoring, and attainment of human rights in South Africa without fear, partiality, and favoritism. They are mandated by the South African Constitution to address all matters relating to human Rights, monitor, and address complaints about human rights and seek justice for those denied of their rights. Despite these protections, South Africa continues to face significant challenges in the area of human rights. Issues such as poverty, inequality, gender-based violence, and discrimination against marginalized communities remain pressing concerns. Additionally, the country continues to grapple with the legacy of apartheid, including ongoing racial tensions and disparities. Overall, South Africans are counting both the progress that has been made towards realizing human rights in the country, as well as the challenges that remain to be addressed in the years to come.

When South Africa was under apartheid rule, the legal system approved racist segregation. The black majority were deprived of their rights. For example, they were not allowed to vote and are denied citizenship. But after, apartheid, the condition improved. Section 9 of the Constitution declares, “Every person has the right not to be discriminated against, directly or indirectly, based on race, gender, sex, pregnancy, marital status, ethnicity, color, sexual orientation, age, disability, religion, conscience, belief, culture, and language”. However, poverty, unemployment, crime, and corruption in the health and education sectors have compromised the quality and access of South Africans to these rights. Some of the human rights in South Africa are the right to gender-based violence, right to education, right to health, rights to water and sanitation, refugees’ and migrants’ rights, sexual and reproductive rights, excessive use of force, right to life and security of the person to mention but a few. The 1998 Human Rights report by Myles Nadioo noted that the government generally respected the rights of the citizens; however, there were concerns over the use of force by law enforcement, legal proceedings, and discrimination. On 17^th September 2020, Human Rights Watch published a 64-page report on xenophobic violence in South Africa. The report also contained video footage and witness testimony. Despite the efforts of the government to combat xenophobia in South Africa, African and Asian foreigners in the country still suffer routine harassment and abuse. Other human rights challenges in the country include:

• unlawful or arbitrary killings, cruel, inhuman, or degrading treatment by the government,
• harsh and life-threatening prison conditions,
• arbitrary arrest or detention;
• Unfair labor practices,
• lack of access to health care, water, food, and social security.
• Poor basic services provision across the country.

Some of the key human rights aspects that South Africans have been counting as progress include:

• Equality: South Africans are counting on progress towards realizing the promise of a non-racial, non-sexist, and equal society. This includes addressing the historical injustices of apartheid and working to eliminate discrimination in all forms.
• Freedom of expression: South Africans enjoy the right to freedom of expression, including freedom of the press, speech, and assembly. This includes ensuring that journalists and activists are free to do their work without fear of persecution.
• LGBTQ+ rights: South Africans are counting on progress towards recognizing and protecting the rights of LGBTQ+ individuals. This includes working to eliminate discrimination and violence against the LGBTQ+ community and recognizing same-sex marriage.
• Access to justice: South Africans are counting progress towards ensuring that all citizens have access to justice and that the justice system is fair and effective. This includes addressing issues such as police brutality, corruption, and overcrowded prisons.

As South Africans celebrate thirty years of democracy, they are also working to build a more just, equal, and democratic society that fully respects and protects the human rights of all people. While significant progress has been made in some of these areas, there is still much work to be done to fully realize human rights for all South Africans.

Bongiwe Khumalo is a researcher and educator. She writes in her personal capacity.