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We have a magnificent Constitution, but the struggle for universal human rights continues

Omphemetse S Sibanda
By Omphemetse S Sibanda
20 Mar 2024
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When our leaders take the stage on Human Rights Day, one wishes that they would be honourable and honest enough to acknowledge that while strides have been made, the harsh reality remains: Many of our fellow citizens still grapple with having their fundamental rights denied.

As South Africa commemorates Human Rights Day on 21 March 2024, we will remember the events of 21 March 1960, when 69 peaceful protesters in Sharpeville were killed by the police force of the repressive apartheid regime.

This day holds profound significance in the history of the Rainbow Nation, marking the struggles and triumphs in the quest for equality, justice and dignity. One cannot help but recall the stirring anthem of liberation by Miriam Makeba, “Lakutshon’ Ilanga” (literally translated as When the sun sets), a poignant song that speaks to the pain and struggles of the South African people under apartheid, and the longing for a brighter future.

In my way of remembering the Sharpeville Massacre I took a moment to reflect on tales of freedom by icons such as Makeba, Chinua Achebe and Zakes Mda, and how human rights are immortalised in the South African Constitution. Important to note is that this is the year we are celebrating 30 years of democracy and also holding the national elections on 29 May. It becomes imperative to take stock of our progress with regard to the health of our democracy and the protection and promotion of human rights.

The government has flagged March as Human Rights Month, and commemorated it under the theme, “Three Decades of Respect for and Promotion of Human Rights”. This theme must be accepted with caution.

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When our leaders take the stage on 21 March 2024, one wishes that they would be honourable and honest enough to acknowledge that while strides have been made, the harsh reality remains: Many of our fellow citizens still grapple with having their fundamental rights denied. As we prepare to commemorate another Human Rights Day, the juxtaposition of celebration and stagnation in the realm of human rights promotion cannot be ignored.

As usual the air on the day may be filled with patriotic fervour and the echoes of speeches lauding our hard-won freedoms, but the harsh reality remains that the promotion of human rights and freedoms has somehow stagnated, marred by empty promises and political posturing.

Service delivery, lack of access to basic necessities and rampant corruption continue to plague the most marginalised communities. Corruption, the bane of our society, continues to undermine democracy and to violate the very essence of human rights.

How can we extol the virtues of democracy when the voices of the marginalised are drowned out by the cacophony of political opportunism?

There is a shadow of doubt cast on our ability to uphold the values of democracy we so ardently espouse to a degree that we are frequently listed among the “flawed democracies” of the world.

Load shedding, a term that has become synonymous with frustration and inconvenience, underscores the failure to provide even the most essential service: Electricity.

Housing shortages persist and overpopulation of certain areas, particularly those inhabited by blacks, continues unabated. Education remains elusive for many, and the promise of a brighter future through learning is but a distant dream for many South African children trapped in a cycle of poverty and deprivation.

Other basic human rights such as clean water and sanitation remain luxuries rather than essentials. Our institutional deficiencies are amplified by a lack of decent service delivery.

I can go on and on regarding the successes and challenges of the Republic of South Africa with regard to human rights promotion and protection. But there is nothing as heart-wrenching as the stories of elderly people who say “the democratic government is failing me too” and compounding on them the legacy of apartheid. The plight of older persons who have been on the waiting list for state-subsidised housing for 40 years and are living in mouldy and damp conditions with no hot water are what characterise us as a nation.

The promise of democracy seems hollow when confronted with the stark realities of everyday life for millions.

In the face of noted challenges, the celebration of freedom feels hollow, devoid of substance or meaning. How can we rejoice in our liberties when so many are denied the most basic rights? How can we extol the virtues of democracy when the voices of the marginalised are drowned out by the cacophony of political opportunism?
We cannot in the name of celebration ignore some powerful indictments of the failures of governance and the persistence of social injustice in South Africa.

As we look ahead to Human Rights Day 2025, one cannot help but wonder: Will it be different from its predecessor? Will it be a mere repetition of platitudes, or will it herald tangible change? The challenges we face are immense, but so too is the resilience of the South African spirit.

Let us use this day not only to celebrate our hard-won freedoms but also to recommit ourselves to the ideals of justice, equality and human dignity. For only through collective action and unwavering determination can we truly honour the legacy of those who came before us and pave the way for a brighter, more inclusive future.

True freedom is not just the absence of chains, but the presence of justice, equality and dignity for all. Until these principles are enshrined in every aspect of our society, the celebration of freedom will remain an empty gesture, a mere shadow of the ideals we purport to uphold.

In his novel, Ways of Dying, Zakes Mda, through the eyes of a protagonist, Toloki, a professional mourner, offers a poignant commentary on the harsh realities of life in urban South Africa. Mda’s novel explores themes of poverty, violence and the struggle for dignity, revealing the stark contrast between the promise of democracy and the lived experiences of ordinary citizens.

Let us not stand idly by as the dance of progress unfolds. Instead, let us join hands and move forward together, towards a South Africa where human rights are not just a lofty ideal, but a lived reality for all. Let us not settle for hollow platitudes or false promises.

Let us strive for a South Africa where human rights are not just celebrated one day a year but upheld every day, in every corner of our land. Only then can we truly say that we are a nation worthy of the freedoms and rights we so proudly proclaim.

We cannot in the name of celebration ignore some powerful indictments of the failures of governance and the persistence of social injustice in South Africa. We must confront uncomfortable truths about the limitations of democracy and the struggle for human rights in the country.

Allow me to conclude with reference to a media advisory by the South African Human Rights Commission, with my amendment in brackets in the last paragraph: “Human Rights Day not only honours the sacrifices made by those who fought for freedom but also reinforces the importance of upholding human dignity, liberty, and fundamental rights for all citizens.

“It serves as a call to action to continue striving towards a society where every individual’s rights are respected, protected and upheld, regardless of race, gender, religion or socioeconomic status.

“Through commemoration and reflection, Human Rights Day in South Africa fosters (should foster?) a collective commitment to building a more just, inclusive and equitable society for future generations.” DM

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