About half a century ago in Kliptown’ our people declared that “our country will never be prosperous or free until all our people live in brotherhood, enjoying equal rights and opportunities.” In the now well known Freedom Charter adopted on 26 June 1955 in Kliptown at the Congress of the People our people, amongst provisions, further declared:

• The national wealth of our country, the heritage of South Africans, shall be restored to the people
• Rental prices shall be lowered, food plentiful and no-one shall go hungry
• Free medical care and hospitalization shall be provided for all, with special care for mothers and young children
• The aim of education shall be to teach the youth to love their people and culture, to honour human brotherhood, liberty and peace

In conclusion of their declaration, the people said: “These freedoms we will fight for, side by side, throughout our lives, until we have won our liberty.” 

It is quite clear that the establishment of a society based on social justice, including one where the quality of life of all citizens will be improved and their potential maximized, has always been one of the most important aspirations for our people more than half a century ago and beyond. Many of our people, like those in Sharpeville on 21 March 1960 and Soweto 1976, also fought and struggled for these aspirations over many decades.

Our Constitution is not only a product of these aspirations but also reflects and provides a framework for their realization. Section 7 of the Constitution thus provides that the Bill of Rights ‘is a cornerstone of democracy in South Africa;’ that it ‘enshrines the rights of all people in our country’ and; ‘affirms the democratic values of human dignity, equality and freedom.’

It is thus important as we commemorate and celebrate Human Rights Day on 21 March 2007 and ten years since the Bill of Rights of our Constitution came into effect on 4 February 1997, that we reflect on the aspirations of our people and the extent to which we have as a nation, through our government and its institutions and our individual and collective efforts as citizens, given effect to their realization; the challenges we currently  face  as a country and what the future holds for us in the context of these aspirations.

We thus arrive at 21 March 2007, amongst many achievements, with three free and fair national elections since 1994; the highest economic growth in our modern history and a nation that commands a lot of international respect for its human rights record and democracy after decades of a regime whose system of governance was declared a crime against humanity by the international community.

On the other hand, 12 years into our democracy and ten years after the Bill of Rights came into operation, a Bill of Rights that provides for freedom from fear (crime) and want (poverty), many South Africans live under abject poverty with no or insufficient access to shelter, food, water and health care while a minority, making about 10% of the population control about 45% of the total income/expenditure of the country.  These obscene inequalities make South Africa one of the most unequal countries in the world.

According to the UNDP Human Development Report 2006, for the period of 1996-2004, 12% of South African children under 5 years of age were under weight for their age and 25% of them were under height for their age. The same report indicates that 15% of South African infants had low birth weights.  These statistics highlight the impact of poverty on our children and the effect this has on their development. The various socio-economic rights reports of the South African Human Rights Commission also highlight some of the challenges many poor people in our country still experience in our new society.

Thousands of our citizens are also victimized and terrorized by criminals and many homes and streets are not safe for our children and women. According to official police crime statistics for the period 2005/6, there were 54 926 reported incidents of rape and for 2004/5 the figure was 55 114.  The figures are even higher as it is estimated that only 1 out of 9 rape victims ever come forward to report. Many of the rape victims are adolescents and young children.

White collar crime and corruption also costs our economy billions of rands, money that could have been used to alleviate the plight of the poor.

Linked to the above are the declining moral values and the lack of respect for the dignity of fellow human beings. This is more so amongst criminals and the shocking violence that accompanies their criminal conduct such as throwing people from moving trains, the raping of young children and older persons. Moreover, the many learners of our country, as currently reported in our media, show a callous attitude towards teachers and the community. This is a worrying reflection on the state of the moral values in our country. The same applies to some striking workers who use violence against their fellow workers by killing them, throwing them from moving trains and burning others in buses simply because these other workers exercise their democratic rights of not taking part in an industrial action.

The above shows a need for an intensified struggle for human rights by all stakeholders in our society, especially for the rights of freedom from fear and want. For many poor South Africans and for many victims of crime, particularly corruption and heinous acts of physical and sexual violence, the aspirations of our people for a better life and an environment where citizens could maximize their potential as human beings means nothing but a very distant dream or empty promises.

The struggle for human rights is an on-going struggle which, notwithstanding the primary responsibility of the government in this regard, requires the participation of every stakeholder and every citizen.

In this regard, Geoff Mulgan, in his book, Good And Bad Power: The Ideals and Betrayal of Government argues:

“Democracy, like all forms of governance, is prone to decay and alienation. Power corrupts, as do inequalities. Once-benign regimes inevitably harden and become detached from the values that inspire them. So the pursuit of good power is a constant struggle to renew and revitalize ideas and institutions. Much of that struggle involves countering the universal tendency to naturalize ideas and relationships –making human-made constructs appear natural, permanent and immutable. This happens to moral ideas and to political ones; often they become distanced from the tasks they were intended to undertake, and come instead to stand against the people. The characteristic vices of power include not only the familiar sins of oppression, arrogance and deceit and theft, but also subtler vices like the use of abstraction….”

It is important, therefore, that all of us should reflect on this important struggle on 21 March 2007 and ask ourselves whether we are making a sufficient contribution towards the struggle for human rights and if not, what role we could play to ensure a better life for all, particularly the poor and victims of crimes.

There is also a need for all of us to be more vigilant in ensuring that the gains we have made as a nation in terms of human rights and democracy are not reversed, as well as a need to reflect on the progress we have made and the challenges ahead.

– Adv. Tseliso Thipanyane, Chief Executive Officer, South African Human Rights Commission.

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About half a century ago in Kliptown’ our people declared that “our country will never be prosperous or free until all our people live in brotherhood, enjoying equal rights and opportunities.” In the now well known Freedom Charter adopted on 26 June 1955 in Kliptown at the Congress of the People our people, amongst provisions, further declared:

• The national wealth of our country, the heritage of South Africans, shall be restored to the people
• Rental prices shall be lowered, food plentiful and no-one shall go hungry
• Free medical care and hospitalization shall be provided for all, with special care for mothers and young children
• The aim of education shall be to teach the youth to love their people and culture, to honour human brotherhood, liberty and peace

In conclusion of their declaration, the people said: “These freedoms we will fight for, side by side, throughout our lives, until we have won our liberty.” 

It is quite clear that the establishment of a society based on social justice, including one where the quality of life of all citizens will be improved and their potential maximized, has always been one of the most important aspirations for our people more than half a century ago and beyond. Many of our people, like those in Sharpeville on 21 March 1960 and Soweto 1976, also fought and struggled for these aspirations over many decades.

Our Constitution is not only a product of these aspirations but also reflects and provides a framework for their realization. Section 7 of the Constitution thus provides that the Bill of Rights ‘is a cornerstone of democracy in South Africa;’ that it ‘enshrines the rights of all people in our country’ and; ‘affirms the democratic values of human dignity, equality and freedom.’

It is thus important as we commemorate and celebrate Human Rights Day on 21 March 2007 and ten years since the Bill of Rights of our Constitution came into effect on 4 February 1997, that we reflect on the aspirations of our people and the extent to which we have as a nation, through our government and its institutions and our individual and collective efforts as citizens, given effect to their realization; the challenges we currently  face  as a country and what the future holds for us in the context of these aspirations.

We thus arrive at 21 March 2007, amongst many achievements, with three free and fair national elections since 1994; the highest economic growth in our modern history and a nation that commands a lot of international respect for its human rights record and democracy after decades of a regime whose system of governance was declared a crime against humanity by the international community.

On the other hand, 12 years into our democracy and ten years after the Bill of Rights came into operation, a Bill of Rights that provides for freedom from fear (crime) and want (poverty), many South Africans live under abject poverty with no or insufficient access to shelter, food, water and health care while a minority, making about 10% of the population control about 45% of the total income/expenditure of the country.  These obscene inequalities make South Africa one of the most unequal countries in the world.

According to the UNDP Human Development Report 2006, for the period of 1996-2004, 12% of South African children under 5 years of age were under weight for their age and 25% of them were under height for their age. The same report indicates that 15% of South African infants had low birth weights.  These statistics highlight the impact of poverty on our children and the effect this has on their development. The various socio-economic rights reports of the South African Human Rights Commission also highlight some of the challenges many poor people in our country still experience in our new society.

Thousands of our citizens are also victimized and terrorized by criminals and many homes and streets are not safe for our children and women. According to official police crime statistics for the period 2005/6, there were 54 926 reported incidents of rape and for 2004/5 the figure was 55 114.  The figures are even higher as it is estimated that only 1 out of 9 rape victims ever come forward to report. Many of the rape victims are adolescents and young children.

White collar crime and corruption also costs our economy billions of rands, money that could have been used to alleviate the plight of the poor.

Linked to the above are the declining moral values and the lack of respect for the dignity of fellow human beings. This is more so amongst criminals and the shocking violence that accompanies their criminal conduct such as throwing people from moving trains, the raping of young children and older persons. Moreover, the many learners of our country, as currently reported in our media, show a callous attitude towards teachers and the community. This is a worrying reflection on the state of the moral values in our country. The same applies to some striking workers who use violence against their fellow workers by killing them, throwing them from moving trains and burning others in buses simply because these other workers exercise their democratic rights of not taking part in an industrial action.

The above shows a need for an intensified struggle for human rights by all stakeholders in our society, especially for the rights of freedom from fear and want. For many poor South Africans and for many victims of crime, particularly corruption and heinous acts of physical and sexual violence, the aspirations of our people for a better life and an environment where citizens could maximize their potential as human beings means nothing but a very distant dream or empty promises.

The struggle for human rights is an on-going struggle which, notwithstanding the primary responsibility of the government in this regard, requires the participation of every stakeholder and every citizen.

In this regard, Geoff Mulgan, in his book, Good And Bad Power: The Ideals and Betrayal of Government argues:

“Democracy, like all forms of governance, is prone to decay and alienation. Power corrupts, as do inequalities. Once-benign regimes inevitably harden and become detached from the values that inspire them. So the pursuit of good power is a constant struggle to renew and revitalize ideas and institutions. Much of that struggle involves countering the universal tendency to naturalize ideas and relationships –making human-made constructs appear natural, permanent and immutable. This happens to moral ideas and to political ones; often they become distanced from the tasks they were intended to undertake, and come instead to stand against the people. The characteristic vices of power include not only the familiar sins of oppression, arrogance and deceit and theft, but also subtler vices like the use of abstraction….”

It is important, therefore, that all of us should reflect on this important struggle on 21 March 2007 and ask ourselves whether we are making a sufficient contribution towards the struggle for human rights and if not, what role we could play to ensure a better life for all, particularly the poor and victims of crimes.

There is also a need for all of us to be more vigilant in ensuring that the gains we have made as a nation in terms of human rights and democracy are not reversed, as well as a need to reflect on the progress we have made and the challenges ahead.

– Adv. Tseliso Thipanyane, Chief Executive Officer, South African Human Rights Commission.

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