Johnathan Paoli
Top officials of the country have praised the journey of realising human rights over the last thirty years, but said that much more needed to be done in order to ensure that all the members of the nation enjoy the right to human dignity.
During his welcoming address at the National Conference on Human Rights in SA, held at the Birchwood Hotel and OR Tambo Conference centre in Boksburg on Monday, the Minister of Justice and Correctional Services Ronald Lamola said it remained important to always remember the past struggle for human rights.
“Let us honour the memory of those who fought for our freedom,” Minister Lamola said.
Lamola said ‘transformative constitutionalism’ was a foundation of the human rights project in the country and that learning from the challenges and achievements over the last three decades was crucial to planning the path ahead for the country.
The Speaker of the National Assembly Nosiviwe Mapisa-Nqakula, highlighted the role of the legislative arm of SA in celebrating the last thirty years of democracy, and said that the commitment should be seen as part of a century-long struggle for freedom and human dignity.
“South Africans have fought with resilience in order to throw off the legacies of the past and advance human rights in the country,” Mapisa-Nqakula said.
Mapisa-Nqakula admitted though that challenges that still plague the realisation of these rights and said that persistent economic disparities, high unemployment, limited access to education, the impact of the Covid-19 pandemic and the scourge of Gender-based Violence remained crucial problematic areas that require effective engagement in order to ensure transformation within the country.
“Recognising women’s rights as human rights is an ongoing struggle and GBV remains one of the biggest challenges to realising these rights in alignment with the constitution,” the speaker said.
She said that especially the plight of women, whether in relation to violence or other forms of discrimination such as the gender wage gap and access to reproductive health resources and services, proves a stark reminder of the continuing inequality and threats to dignity the women of the country continue to face.
“It is crucial to maintain our advancement of women’s rights in order to create a world in which women are truly equal and have access to services and resources which assist them in the fulfillment of their human rights,” Mapisa-Nqakula said.
Chief Justice Raymond Zondo called to attention the important role played by the courts as “defenders of the constitution” and reflected on the journey the country has traveled in order to be prepared for the way forward.
Justice Zondo said that it was fundamental for the three arms of the state to report back on the promotion and defenses of human rights.
He said that section 38 of the Constitution was pivotal in that it not only granted the courts competency to defend human rights, but allowed anyone within the country who felt their rights have been violated to approach the court for judicial relief.
Zondo said that while much has been done to expand and protect the values enshrined in the Bill of Rights, the judiciary still required adequate officers and resources, as well as creating an environment in which free, fair and judicious decisions could be taken.
“It is unacceptable when justice is delayed for too long. As long as people do not see a practical change in their everyday lives, they will not respect the Constitution,” the Justice said.
Zondo praised the performance of the Constitutional Court and outlined examples of how the country’s apex court judgements changed the lives for many within SA; namely the outlawing of the death penalty, the access to antiretroviral medicine for HIV/AIDS, democratizing African Customary Law of Succession, and ensuring the protection of workers during a transfer of business.
“The Constitutional Court has upheld the rule of law in many cases and ensured monitoring and guarding against the legislature and executive extending its reach,” he said.
However, Zondo insisted on the need for a stronger and more holistically independent judiciary, but said that he has started discussions with President Cyril Ramaphosa on finding ways to ensure institutional independence for the courts.
“We remain determined more than ever before to ensure the judiciary plays a pivotal role in the future of this country,” he said.
In his keynote address the President said that it was an honour to be a part of the reflection on 30 years of respecting and promoting human rights in SA; and likened the constitutional framework to the birthplace of the democratic South African nation.
“The adoption of the constitution should be seen as the birth certificate of the nation,” Ramaphosa said.
The President reflected on the past and the violation of the rights of millions of people and said that the constitution came to be as a result of the sacrifice of many heroes in the past.
Ramaphosa said that it was a declaration to the world of building a new country based on dignity, freedom and human rights.
He outlined some of the key areas in which the executive in conjunction with the legislature facilitated the enactment of laws which furthered the constitution, namely the PAIA Act, Promotion of Equality and the Prevention of Unfair Discrimination as well as the affirmative action legislation.
“Our democratic government is irrevocably committed to defend, promote and advance the rights of our people as enshrined in our constitution,” the president said.
Ramaphosa said that more women are leading in both the public and private sectors and that the government has passed a broad range of laws in order to protect women from GBV and workplace discrimination.
Furthermore, the president expressed the need not only to be the driving force behind a culture of human rights withing the country, but to push for the protection of the rights of people across the world, referencing the country’s recent application to the International Court of Justice against Israel for its implication in the Gaza genocide.
“We will fight oppression, and defend the rights of all people around the world,” Ramaphosa said.
The president praised the impact of social protection measures, and said that up to 60% of the country’s budget is spent on its provision, and contributed significantly to the realisation of the right to human dignity and allowing people to reach their potential and fulfill their lives.
However, he admitted that the progressive realisation of rights remained plagued by service delivery challenges and said that it required a doubling of efforts to make real the values espoused by the rights and the constitution which contain them.
“All this progress has been anchored in our deep commitment to realising and advancing the basic rights as outlined within our Constitution,” he said.
Ramaphosa concluded by wishing the conference well and said that he hoped the gathered delegates found tangible solutions and ideas to further the effective promotion of human rights within the country.
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