Reflecting on three decades of progress in upholding human rights in South Africa
As we approach the significant milestone of 30 years of South Africa’s Constitutional Democracy, it is crucial for us as a nation to take stock of the progress we have made in advancing human rights.
To foster this important discussion, the Department of Justice and Constitutional Development will be hosting a National Conference on the State of Human Rights in the country this month, March 2024. The theme of the conference is "Three Decades of Respect for and Promotion of Human Rights."
This conference will provide an opportunity to reflect on the milestones achieved and chart the way forward in advancing human rights in South Africa.
The Universal Declaration of Human Rights (UDHR), a cornerstone document adopted by the United Nations General Assembly in 1948, laid the groundwork for human rights principles globally. Building upon this foundation, South Africa, guided by the leadership of the first democratically elected President Nelson Mandela, enshrined human rights into law with the signing of the Constitution of the Republic of South Africa of 1996.
This Constitution, inspired by the principles and values of the
UDHR and the Freedom Charter, is the bedrock upon which our commitment to fundamental rights and freedoms is built.
The conference aims to foster public dialogue and collaboration among all stakeholders to nurture a culture of human rights. It will provide a platform to reflect on existing and proposed legal frameworks, jurisprudence and mechanisms.
With the participation of international stakeholders, the conference will also create an invaluable opportunity for comparative learning and peer exchanges on strategies to protect and promote human rights. Through exploration of sub-themes such as governance, rule of law and economic rights, the conference will examine our legal frameworks, identify gaps and formulate recommendations to address challenges impeding the full realisation of human rights.
South Africa has made significant strides over the past three decades in upholding human rights, transitioning from the shackles of apartheid to the dawn of democracy. However, amidst our progress, challenges persist. Issues such as poverty, inequality, gender-based violence (GBV), discrimination,
and exclusion continue to cast shadows on the landscape of human rights in our nation. The conference presents an opportune moment to confront these challenges head-on and devise strategies to surmount them.
Central to our journey towards equality is the celebration of South Africa's Bill of Rights, enshrined in the Constitution, which stands as a beacon of hope and progress globally. Its comprehensive protection of civil, political, economic, social and cultural rights serves as a testament to our commitment to promoting dignity, freedom and wellbeing for all our citizens.
The Department of Justice and Constitutional Development has embarked on a number of programmes as part of the effort to enhance access to justice for all. These include the rationalisation them to align magisterial districts with municipal boundaries, thereby ensuring that people are served by the courts closest to where they live. By aligning magisterial districts with population densities, we seek to ensure that judicial services are more accessible and responsive to the needs of our diverse citizenry.
Additionally, the department is implementing various initiatives to enhance access to justice, including expanding Legal Aid services to deliver quality legal aid and legal advice services to the indigent and vulnerable, promoting alternative dispute resolution mechanisms, integrating technology into the justice system, and investing in public legal education.
These holistic measures reflect our commitment to ensuring that all individuals can exercise their rights and seek redress in a fair and effective manner.
Women empowerment has been a cornerstone of South Africa's progress in advancing human rights. Over the past three decades, we have witnessed remarkable strides in the empowerment of women in various spheres, including the judiciary and legal professions.
There has been a notable increase in women's representation in key judicial positions, breaking barriers and enriching decision-making with diverse perspectives. Additionally, within the legal profession, women lawyers are increasingly occupying leadership roles and shaping the direction of the profession, contributing invaluable knowledge and skills.
The protection of women against GBV has been a key priority of government in the past 30 years. To this end, we have worked closely with non-governmental partners to strengthen legislation and close down loopholes used by perpetrators to evade prosecution.
Moreover, South Africa has implemented various legislative measures to promote and protect women's rights. The Promotion of Equality and Prevention of Unfair Discrimination Act of 2000 prohibits discrimination on various grounds, including gender, and promotes equality in all spheres of life.
In addition to the empowerment of women, we must also recognise the importance of fostering inclusivity and diversity in all aspects of society. This includes ensuring equal rights and opportunities for all individuals, regardless of sexual orientation or gender identity.
South Africa has been a pioneer in LGBTQIA rights, notably legalising same-sex marriage in 2006, making it one of the first countries globally to recognise marriage equality. However, despite legal advancements, challenges such as discrimination, violence, and stigma persist. The conference will provide a platform to address these issues and reaffirm our commitment to equality and inclusion for all individuals.
Furthermore, as part of our commitment to combating all forms of discrimination, South Africa has developed a National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance.
This plan outlines comprehensive strategies to address systemic racism, xenophobia and other forms of discrimination in our society. The conference will provide an opportunity to assess the implementation of the NAP and identify areas for improvement to ensure that all individuals are treated with dignity and respect.
The National Conference on 30 years of the State of Human Rights represents a pivotal moment in our journey towards a more just, equal, and inclusive South Africa.
By reflecting on our achievements, acknowledging our challenges and collectively charting a course for the future, we reaffirm our unwavering commitment to upholding and advancing human rights for all our citizens.
I urge all stakeholders to actively engage in this important dialogue and together, let us build a nation where the principles of dignity, equality, and justice are not just enshrined in law, but are lived realities for all.
Join us as we commemorate three decades of advancing human rights in South Africa and embark on an important journey towards the realisation of our nation's aspirations.
Together, let us strengthen our commitment to upholding the principles of equality, justice and dignity for all. ❖