Claiming Human Rights in a Challenging Context

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How do we claim, promote and protect human rights in the context of a “disappearing state”? This question was posed by UKZN alumnus and Commissioner at the South African Human Rights Commission (SAHRC), Ms Philile Ntuli, at UKZN’s annual lecture to commemorate Human Rights Month.

Addressing the theme, Claiming, Protecting and Promoting Human Rights in an Age of Increased Socio-economic Disparities and Climate Change, Ntuli quoted Professor Barney Pityana’s human rights address at the SAHRC, which characterised South Africa as a “disappearing state”.

She said that South Africa’s Constitution had been celebrated since 1996 but has yet to address the deep divides and economic inequalities in society. Noting that 10% of the population owns more than 85% of the country’s total wealth, Ntuli listed some of the challenges that continue to plague South Africa, including the unprecedented energy crisis; high risk of economic stagnation; increasing infrastructure problems; climate change; record unemployment rates; elevated public debt and government corruption. ‘The contradiction between the reverence for our Constitution and the reality of being in the most unequal country in the world is one that should compel us to collectively seek new questions in pursuit of claiming, protecting and promoting human rights,’ she said.

Reflecting on Pityana’s address which likened South Africa to a “broken society and a nation in despair” due to the local government’s failure to deliver basic services such as access to food, sanitation, water and a clean environment, Ntuli reviewed the SAHRC’s role in promoting, protecting, developing, monitoring, investigating and seeking appropriate redress where human rights are violated. She said the commission had successfully executed its mandate but was concerned about growing human rights violations regarding service delivery.

She raised the need for a thorough human rights impact assessment of all economic policy and budgetary decisions, particularly at the local government level; citizens playing an active role in the affairs and administration of local government; and local media keeping the community abreast of government developments.

She also called on UKZN and its community to play a critical role in leading society, shaping the trajectory of emerging theories and discourses in this debate, and finding solutions through research and practical orientation by establishing ‘a centre of activism in pursuit of social justice’.

In her welcome address, Executive Director: Corporate Relations Division, Ms Normah Zondo, highlighted that the annual Human Rights lecture offers a platform for collaboration and exchanging ideas. ‘This event not only acknowledges the urgency of the issues we face but also serves as a commitment to finding solutions that safeguard our rights and those of future generations in the face of these challenges.’

Summarising the keynote address, senior lecturer in the School of Law, Dr Janine Hicks, listed a variety of questions which set the framework for a discussion, namely: How do the laws outlined in the Constitution become a lived reality for ordinary people? Why is the attainment of these rights so difficult? How do we respond to these persistent barriers? How do we use the Constitution to bring about the change needed? What do we do when the state isn’t delivering on its elected mandate? And whose role is it to claim, protect and promote human rights?

Acknowledging the role of Higher Educations Institutions in growing and producing the next generation of leaders, Hicks asked whether, instead of creating new theories and debates, the scope for new citizen action and public participation is needed.

In closing, Director for University Relations, Ms Xoliswa Zulu, thanked the keynote speaker, panellists, and attendees: ‘Following today’s engagement, I hope everyone will leave here with renewed vigour to challenge and change the things important to you and your community, no matter how big or small.’

Click here to watch the webinar.

Words: Hlengiwe Khwela

Photograph: Supplied