Let’s celebrate on Human Rights Day what we have achieved
SA ‘united in its diversity’, thanks to the Constitution
THIS week South Africa celebrates 25 years of democracy, constitutionalism and the replacement of a minority government committed to the exclusive welfare and interests of one group, to the momentous ushering in of a new legal and social order premised on the recognition of the self-worth and dignity of each person.
Of course, that in itself must be cause for celebration as the society we have constructed since then is qualitatively and quantitatively different from the one we cast off in 1994.
In saying this, I am acutely aware of the enormous challenges we still face, of the deep and worrying faultiness that still characterise our nation and of the numerous and often spectacular failures as well as the moral and ethical lapses that have become all too common.
There are a number of areas where we have made significant progress, all against the backdrop of a constitution that has been described as transformational and inspirational.
We have established, strengthened or transformed institutions of democracy, including Parliament, oversight structures such as the Human Rights Commission, the Public Protector, the Electoral Commission and the Gender Commission, that all seek to enhance the advancement of human rights and ensure accountability.
Not all of them have always functioned with ultimate efficiency at all times but they have certainly made their mark and offered ordinary people the real hope that accountability is possible, that even the powerful and connected can be brought to book and held to account.
This year marks the sixth occasion in which we will vote at the national level and that we have had free and fair elections, well organised and well run is an achievement that all South Africans must take credit for.
At the socio-economic level, much has also been achieved – the education system now enjoys almost universal coverage in providing basic education to all, the healthcare system has been transformed to reach and provide a service to all, while social housing has been rolled out and has reached millions.
Questions, however, continue to be raised about the quality of the education we provide, the adequacy of the healthcare services, and the efficacy of social housing and these remain challenges for the future.
At the same time, the provision of social grants to millions has assisted in easing them out of poverty allowing them to live a life of dignity.
In other areas, the idea of an inclusive society, one that the Constitution describes as “united in its diversity”, has gained much traction and the rights of gays and lesbians, of women and children, of non-nationals and older persons, have all received varying degrees of attention and it has gradually consolidated the idea that this country must be a home to all, even in our bewildering diversity.
That there continues to be discrimination and intolerance must concern us but on balance we are a society that is on its way to being inclusive in the widest and most generous sense of the term.
Given the enormous deficits that we inherited in 1994, these achievements must fill us with a sense of pride.
On the other hand, any honest reflection must also include the areas where we have not done well and where the basest human instincts of greed and selfishness have replaced our moral compass.
Foremost among this is the rampant corruption that has been revealed over the past years.
It is evidence of callousness and a total disregard of all that we are meant to stand for and it has set us back in ways that are yet to be quantified.
Poverty and inequality still mean that we remain one of the most unequal societies in the world.
One may legitimately ask how that is possible against the backdrop of a Constitution so compellingly committed to equality?
The answer perhaps lies in the observation that while apartheid created the platform for amazing solidarity in recognising that our future was intertwined, democracy has seen rampant individualism and self-enrichment at all costs and means.
The fragile democracy we have put in place will surely not sustain such schisms that poverty and inequality have exacerbated.
Violence in all its forms – institutional and personal – continues to threaten the self-determination of many. Gender-based violence and crimes against children exist at levels that are simply unacceptable and yet we seem impotent in addressing them.
The result is that fear, uncertainty and insecurity characterise the lives of so many millions.
And so as we celebrate our 25th Human Rights Day, let us justly celebrate what we have achieved as they remain significant and momentous in many respects.
However, we cannot ignore the serious challenges that crime and corruption, poverty and inequality, and intolerance and prejudice create.
It may be an opportune time for each of us to reflect on this and to ask how each of us can make a difference in building a better society.
This is not a time for cynicism nor is it a time to withdraw from the world around us.
So many have sacrificed, often paying the supreme price so that freedom and liberty could prevail in South Africa.
This generation has a duty not only to honour those who came before us but to continue to work hard – with diligence and integrity – to ensure that those who are yet to come will live in a land where there is social justice and where all can achieve their full potential.
It is a formidable task to work towards but one that is not insurmountable.
● Kollapen is a Judge of the High Court