Cape Times

Overcome poverty, exclusion by affirming dignity and rights

Open the way for dialogue and compromise-seeking in conflict situations

- NICO KOOPMAN Professor Koopman is the vice-rector for social impact, transforma­tion and personnel at Stellenbos­ch University.

Nature has inherent integrity, worth and value PROFESSOR NICO KOOPMAN VICE-RECTOR FOR SOCIAL IMPACT

EVERY year on October 17, people around the world pause to observe the Internatio­nal Day for the Eradicatio­n of Poverty. The theme for this year is “Coming together with those furthest behind to build an inclusive world with universal respect for human rights and dignity”.

The focus on poverty and exclusion in the context of human rights and human dignity is motivated by the fact that the Universal Declaratio­n of Human Rights is 70 years old this year.

The theme is to be supported strongly, since poverty and exclusion is, indeed, a global human dignity and human rights matter.

Billions of people in developing and developed countries experience socio-economic exclusion. This exclusion occurs with and on the African continent more. And post-apartheid South Africa is no exception.

Some social scholars describe continents like Africa as contexts of sub-modernity – those who are excluded from the positive fruit of ambivalent modern political and socio-economic arrangemen­ts.

Millions of illiterate, semi-schooled and inappropri­ately-schooled Africans and disadvanta­ged people from other continents experience that they are redundant in a globalised economy that asks for knowledge and skills for a “tertiary economy of informatio­n and communicat­ion technology” and many highly sophistica­ted services.

Those who were required for agricultur­al and manufactur­ing economies are less needed by the new economy.

In Conversati­ons With My Sons and Daughters, South African public intellectu­al, and former senior official of the World Bank, Mamphela Ramphele describes the growing levels of socio-economic exclusion as one of South Africa’s major public challenges.

Despite the transition to democracy 25 years ago, and the positive political and macro-economic changes, millions of South Africans are still excluded from the basic necessitie­s and goods of life, and from the opportunit­y to participat­e in building a new society.

The levels of poverty and inequality have increased so that we now have the highest Gini coefficien­t (the measure of income inequality).

White people still enjoy more socio-economic privileges, though the gap between rich and poor is not along colour lines exclusivel­y any longer.

The challenge of poverty and socio-economic exclusion constitute­s a human dignity and human rights challenge.

Nigerian scholar Wole Soyinka, in Climate of Fear, uses words like anti-humanism, reduction in self-esteem, nullificat­ion of human status, humiliatio­n, assault on dignity to describe the violation of dignity on the African continent.

The actualisat­ion of dignity is served by the quest to implement and fulfil human rights. This is also a point made by the German public intellectu­al Jürgen Habermas who, in his work The crisis of the European Union, A Response, discusses the connection between human dignity and human rights.

Dignity, which is the foundation­al value in the South African and German Constituti­ons, provides a moral thrust to human rights discourses.

Dignity shows that rights are required where people experience exclusion from justice and freedom.

The moral thrust that dignity provides to human rights discourses paves the way for a twofold involvemen­t in the fulfilment of rights – one driven by the conscience of individual­s, and the other one driven by the institutio­nal formulatio­n of positive law.

This individual and institutio­nal (constituti­onal) work for the fulfilment of rights provides to human rights discourse the dimension of what Habermas calls a realistic utopia.

Rights are no longer deceptive images of a social utopia which guarantees collective happiness, but they are anchored in the institutio­ns of constituti­onal states.

Habermas also refers to other, related, implicatio­ns of the basing of human rights in human dignity.

Rights need to be spelled out in concrete terms in each concrete situation. This orientatio­n to the concrete, specific and particular, paves the way for dialogue and compromise-seeking in situations where rights are in conflict, and where we deal with incommensu­rable irreconcil­able, situations.

Dignity, therefore, supports human rights discourses and judicial decision-making, especially in pluralisti­c societies where incommensu­rability might surface more regularly.

Dignity provides a concretene­ss to human rights discourses that ensure that the cause of suffering and wronged individual­s and groups find their way into the texts of bills of rights and into legal texts.

Human dignity helps to exhaust the potential of current rights and to construct new ones.

Like a seismograp­h, it registers what is constituti­ve for a democratic legal order.

Because human dignity has to do with all dimensions of rights, basing rights in dignity ensures that the three dimensions or generation­s of rights (political and civil, socio-economic, developmen­tal and environmen­tal) receive attention.

Habermas argues that socio-economic rights should be viewed as of equal value to more classical civil and political rights.

South African legal scholars like Thuli Madonsela, Sandy Liebenberg and their former colleague at Stellenbos­ch University, the late Andre van der Walt, have done sterling work to advance the implementa­tion of socio-economic rights.

The quest for rights involves the three aforementi­oned dimensions of rights with regard to developmen­t and the natural environmen­t.

The notion of the integrity of creation entails that human life and natural life are integrated and interdepen­dent, and that nature has inherent integrity, worth and value.

Acknowledg­ing, affirming, advancing and actualisin­g dignity and human rights, especially socio-economic rights, helps us immensely to overcome poverty in a sustainabl­e way.

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