Laws alone can’t stop racism
“THE lack of human dignity experienced by Africans is the direct result of the policy of white supremacy. White supremacy implies black inferiority. Legislation designed to preserve white supremacy entrenches this notion.”
These are the powerful words of the late former President Nelson Mandela, who dedicated his life to fighting racism and prejudice.
They are a stark reminder of our painful past and that the fight against apartheid was rooted in defeating racism and injustice.
Racism is a form of oppression and is based on the belief or idea that one group of people is superior to others based on their skin colour. The apartheid regime was based on a notion of white superiority and manifested itself in discriminatory laws which sought to subjugate and divide along racial lines.
Apartheid was not just about establishing separate government facilities, beaches and swimming pools; it also ensured that only whites could attend the better schools, universities, hospitals and clinics and live in better areas. It affected relationships between people of different races and told us who we were allowed to marry or even mix with. It resulted in land dispossession and job reservation.
Black people were denied basic human rights and stripped of their dignity, names and even identities. They were denied an equal opportunity to participate in the economy.
However, the dawn of democracy in 1994 and adoption of the final constitution in 1996 marked a turning point in the history of this country. The constitution is the product of a long process of struggle and multiparty political negotiations based on the Freedom Charter. It created a constitutional democracy and aimed to create a new society, based on values such as freedom, dignity and equality.
Unfair discrimination
Old apartheid laws and laws that were inconsistent with the constitution have been repealed by Parliament. One of the main pieces of legislation that gives effect to the constitution is the Promotion of Equality and Prevention of Unfair Discrimination Act – generally known as Pepuda or the Equality Act – which prohibits unfair discrimination on various grounds.
Government is also finalising the draft Prevention and Combating of Hate Crimes and Hate Speech Bill which will statutorily criminalise hate crimes and hate speech based on racism, and also other forms of discrimination and prejudice such as homophobia and xenophobia.
The draft National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance is also at an advanced stage. The National Action Plan seeks to address racism, racial discrimination, xenophobia and related intolerance in a holistic and practical way, by setting up specific concrete measures and interventions. As a country we have made significant strides in eradicating the legacy of racism. But 23 years of democracy is not long enough to completely reverse the legacy of centuries of colonialism and decades of apartheid.
The damage we suffered as a nation runs deep and the impact of discriminatory measures that elevated the socio-economic status of one group at the expense of another are still visible today. Measures aimed at eradicating socio-economic inequality are bearing fruit.
Laws and policies, on their own, cannot eliminate racism in all its forms. Laws may try to regulate human and societal behaviour but they cannot change the hearts, minds and attitudes of people.
It is only through public awareness campaigns and honest engagement that we can change people’s attitudes and combat prejudice. We need to instil zero tolerance towards racism within all of us.
It is incumbent on all of us to get involved in programmes to eradicate racism and prejudice. There is a saying that laundry is the only thing that should be separated by colour. All South Africans should unite against racism. Key to defeating racism is recognising it, challenging perceptions and confronting it. Racism can be eliminated.
Jeffery is the Deputy Minister for Justice and Constitutional Development