Kelly Kwan, UMID #34842145
INTLSTD 101, Section 10
Paper Module 3 – Human Rights
November 1, 2018
Introduction
South Africa is an emerging democratic nation that proudly exhibits its new Constitution, Bill of Rights, and government to the international community. However, despite South Africa’s claims of new beginnings, the nation’s ability to protect human rights is similar to the past, and many citizens still suffer at the hands of the government.
South Africa’s Human Rights Infrastructure
Before South Africa became a democratic nation, it followed the policies of apartheid, a system of institutionalized discrimination. During this dark period in history, human rights of citizens were abused, and in 1993, one year before the nation’s first democratic election, Nelson Mandela, the first President of South Africa, vowed that the new government would focus on strengthening human rights conditions. In 1996, the elected government created a new Constitution, which included a Bill of Rights (Mubangizi, Protection of Human Rights 63). Furthermore, South Africa is a part of the African charter on Human and Peoples rights, the African Court of Justice and Human Rights, and the United Nations Human Rights Council. Although it appears that South Africa is strongly advocating for the protection of human rights, the nation does not successfully enforce what they stand for. Many government officials and police turn a blind eye to human rights abuses or are the abusers themselves. 25 years later, it seems that Nelson Mandela’s promise was weakly fulfilled.
Right to Justice
Treatment by Police
Although the law states that when arresting citizens, police must have a warrant, inform detainees of the reason of arrest, remind them of their constitutional rights, and the consequences of forgoing those rights, these procedures were not always followed. Citizens were often arrested for crimes that they should have just been legally summoned for, like common assault and petty theft. These citizens would be imprisoned with seasoned criminals, and they would often be abused by those criminals. The South African justice system is indeed flawed, due to corruption in the government. There have been many reports of police beating, torturing, and raping citizens. To extort information from those arrested, police would use electric shock, suffocation, or even other violent prisoners for abuse. In the 2016-2017 report created by the Independent Police Investigative Directorate, 394 people died in police custody. (Country Reports).
Trials
In South Africa, citizens receive the legal presumption of innocence, the right to a legal counsel, and the right to an interpreter. However, these rights were not always honoured because of a lack of funding; the accused would have to wait months imprisoned before a trial, or they would have no interpreter or legal counsel at all. The judiciary committees were also very disorganized, and legal documents were often lost, especially if the accused was a government official (Country Reports). Furthermore, social attitudes and beliefs can affect the way a judge or jury makes a decision. In South Africa, rape cases rarely result in prosecution because many share prejudiced opinions of how a woman should act. If the woman did not resist hard enough or dressed too provocatively, the rapist may never be prosecuted (Rumney 830).
Freedom of Expression
Media freedom
Independent media is very active in South Africa, and all media outlets are able to release whatever they want, even if it is criticizing the government. Nevertheless, the government does respond to media criticism in a controversial way, calling white journalists “racist” and black journalists “disloyal”. State sponsored media is rampant in South Africa; the South African Broadcasting Corporation is the largest the largest and most widely listened to radio broadcast in the nation, known for being pro government (Country Reports).
Internet Freedom
The South African government does not restrict or disturb citizens’ access to internet in any way. Only a few conditions surround internet freedom, some examples being that the government monitors the internet for national security, and all service providers must enter the identities, physical addresses, and telephone numbers of customers on a secure database (Country Reports).
Freedom to Assemble
Despite the statements of freedom of assembly in the Constitution and law, police frequently dispersed hundreds of demonstrations using violent methods like batons, rubber bullets, and water cannons. Their efforts may be to control demonstrators and stop violence, but the result is numerous deaths and injuries (Country Reports).
Treatment of Specific Groups
Refugee and Migrant Rights
Starting from 1995, the number of migrants from other African nations have significantly increased, leading to even more tensions between the locals and the foreigners (Akinola 9739). Many locals in South Africa believe that unauthorized migrants should have no access to services, freedom to speech or movement, or police protection, are extremely hostile to migrants, and even result to assaulting and killing migrants. The government often ignores crimes against migrants. In fact, Jacob Zuma, a former president of South Africa, claims that the nation is not at all xenophobic; instead, the violence is because of locals wanting to rid the country of crime (Akinola 9742). Even the police target migrants by confiscating their documents, threatening them with arrest, and then forcing them to pay bribes in order to be released. Although the law states that migrants have access to all basic services in South Africa, they are discriminated against. Health care facilities may not treat them, or make them wait, and law enforcement may not look into crimes they report. (Country Reports).
Women’s and Children’s Rights
Many rural communities in South Africa have traditions that abuse the human rights of women. Female genital mutilation, virginity testing, and Ukuthwala are all common traditions that these communities practice. Female genital mutilation is usually performed on girls under the age of 18 and done in unsanitary conditions, which can lead to infections, HIV transmissions, and psychological health risks. (Mubangizi, A South African Perspective 37). Virginity testing is when a teenage girl has their genitalia examined, and in some communities, this occurs in a public and big venue. which violate the Bill of Rights forced marriages, and female genital mutilation (Mubangizi, A South African Perspective 38). Lastly, Ukuthwala is when girls as young as 12 years old are forced into marriages. Mubangizi, A South African Perspective 40). These three traditions all go against the Bill of Rights and violate a woman’s right to privacy, dignity, and control over one’s body. As a matter of fact, most of South Africa views women as a lower status than men, not just rural communities. Since this has been a longstanding belief, it can be very hard to change people’s minds, and women may never receive all the rights they deserve.
Disabled Persons
Despite being one of the first countries to endorse the Convention on the Rights of Persons with Disabilities, South Africa has not succeeded in protecting the rights of disabled persons, notably children. South African prohibits discrimination based on all types of disabilities, has created teaching vocational centers for the disabled, and has accommodated to the disabled on public transportation, but many regulations are still not enforced. The government has created a policy that directs children with disabilities into specialized schools, but these schools are often inaccessible financially and are too far for to attend. At these schools, the adults caring for the disabled are inexperienced, and when parents try to put their kids into regular schools, which is technically allowed, the schools reject them (Country reports).
Challenges to Protecting Human Rights
South Africa is a very diverse nation, making protecting human rights even more challenging. With so many different ethnicities and cultures, policies and laws must be able to accommodate everyone, or conflict will arise. Rural South African communities have a variety of traditions and cultural practices that may abuse human rights, and it can be difficult for the government to enforce the Bill of Rights when they are not part of those communities. The communities may feel that since the traditions are a part of their culture, the government has no right to tell them to cease what they have been doing for years.
Conclusion
As a nation with a strong Constitution, Bill of Rights, and ties to many treaties, it is shocking to observe the lack of protection of human rights in South Africa. The remnants of apartheid still exist, and many citizens, especially minorities, do not receive basic rights. South Africa may try to display itself as a country that is passionate about human rights, but it is clear that the nation fails at enforcing their laws and protecting their citizens.
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