Most complaints about racism – SAHRC
THE SOUTH African Human Rights Commission finalised a total of 114 cases in the Northern Cape during the 2016/17 financial year.
This is according to the South African Human Rights Commission Trends Analysis report, released yesterday.
According to the report, there were 43 active cases in the Province.
The percentage of active complaints nationally is around 23% per annum, although this increased slightly to 25% in the 2016/17 year.
“Most of these complaints are complex in nature,” the report states.
The Northern Cape received the fewest enquiries which, according to the SAHRC, “suggests that there is a need to ensure that the public is aware of the existence of provincial offices where there are low enquiry volumes”.
“One of the consequences of the low levels of awareness is that members of the public typically approach the Commission for advice regarding a range of legal matters ranging from will and estates to contracts and corruption. These enquiries, by their sheer volume, place significant strain on existing resources required for the finalisation of accepted matters.”
The total number of complaints received in the Northern Cape in the 2016/17 financial year was 154 – down from a high of 248 in 2013/14.
Seventy-five of the complaints received in the last financial year were accepted and 79 were rejected or referred.
Nationally the top five complaints related to equality, healthcare, food, water and social security (ESR); arrested, detained and accused persons; labour relations and lastly just administrative action.
The listed grounds of unfair discrimination in terms of the right to equality include race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth, with race-related complaints comprising the highest percentage of equality complaints per year.
“Derogatory comments, intended to denigrate the intelligence, humanity, appearance, and beliefs of black people, are rife,” the report states. “Racist remarks commonly include demeaning epithets like ‘baboon’, ‘monkey’, ‘aap’, ‘hotnot’, and ‘coolie’. The use of the ‘K’ word is endemic. These incidents of racial discrimination take place at schools, universities, businesses, and in the workplace. They are not limited to verbal abuse, but often also entail further violations, including physical violence, intimidation, sexual harassment or assault, and being physically excluded or removed from establishments or businesses.”
It points out further that racism is systemic and racist attitudes remain largely unchanged. “For many poor black people, for example farm and domestic workers, in South Africa, racism is a part of the daily fabric of their lives, and they remain vulnerable to racist treatment and name calling, and race-based attacks.”
A total of 23 equality cases were reported in the Northern Cape in the last financial year.
Socio-economic rights (ESR) have also consistently been in the top five complaints reported to the Commission. In the Northern Cape, the major issue in terms of ESR is access to water.
“A lack of access to sufficient water and water-related problems was the overwhelming ESR complaint across four provinces (Kwazulu-natal, North West, Northern Cape and Western Cape). The main challenges related to non-functioning water infrastructure, disconnections, and poorly-performing local governments. Access to adequate water often limits access to functioning sanitation and results in non-functioning sewage infrastructure. Complaints regarding the right to access have largely been about the provision of adequate water services, the lack of which have been most pronounced in informal settlements and rural communities.”
Over the last five years, complaints relating to the rights of arrested, detained and accused persons have also consistently formed part of the top five rights’ violations complaints lodged with the Commission.
“Most of these complaints are from inmates detained in Correctional Services facilities requesting assistance to secure copies of trial transcripts, as well as assistance with appeals against their convictions and/or sentences. These complaints fall within the mandate of Legal Aid SA. There is a high number of awaiting trial prisoners caused by delays in prosecution of cases due to inefficiency in the criminal justice system. Complaints relating to prisoner treatment and conditions in prison are referred to the Judicial Inspectorate for Correctional Services. Police brutality in detention and police maladministration is referred to the IPID. The Commission often appears to be a last resort for arrested, detained and accused complainants who have not received the required assistance.”
The SAHRC expressed concern over the poor conditions in correctional centres, particularly overcrowding, dilapidated infrastructure, unsanitary conditions, inadequate food, lack of exercise, poor ventilation and limited access to health services, and the South African government’s lack of concrete plans to improve conditions and address overcrowding.
“In addition, there is a high level of violence against prisoners by correctional services officials, and other rights’ violations.”