Justice in Action

South Africa reaffirms its commitment to human rights

December 2018

Marking the 70th anniversary of the Universal Declaration of Human Rights (UDHR), South Africa has reaffirmed its commitment to uphold and champion human rights. 

The Department of Justice and Constitutional Development joined hands with the United Nations Office of the High Commissioner for Human Rights, the South Africa Human Rights Commission and various stakeholders in commemorating the 70th anniversary of the adoption of the UDHR, as well as the 22nd anniversary of the signing into law of South Africa’s Constitution by then President Nelson Mandela.

Adopted by the United Nations General Assembly at its third session on 10 December 1948, the UDHR maps out a vision of a world where all people across the world live in conditions of justice, equality, peace and dignity. These are fundamental values that form the cornerstone of the South African Constitution.

President Cyril Ramaphosa was last week joined by Justice and Correctional Services Minister Advocate Michael Masutha, the United Nations High Commissioner for Human Rights Michelle Bachelet and various stakeholders at Constitutional Hill, Johannesburg to commemorate these momentous milestones. These commemorations are particularly significant as they coincide with the year in which South Africa celebrates the centenaries of struggle stalwarts and human rights activists, Nelson Mandela and Albertina Sisulu.

“The commemoration of International Human Rights Day in South Africa is significant as it shows how far we have come since 1948 when apartheid South Africa refused to sign the Universal Declaration of Human Rights. We are particularly pleased that the founding President of our country, Nelson Mandela, chose to symbolically sign the constitution of the new South African into law on such a momentous day,” said Minister Masutha.

President Cyril Ramaphosa also highlighted that: “The Universal Declaration of Human Rights was adopted at a time when the nations of the world were etched with the scars of war. It too is a reminder to current and future generations of what our freedom has been built on.”

The UDHR and the South African Constitution share much in common in spirit, principles and values that seek to promote and protect the rights to equality and freedom from discrimination of all people.

Reflecting on this, President Ramaphosa said it was the UDHR that, more than any other international legal instrument, contributed the most to entrenching human rights principles into South African law.  The declaration is an implicit rejection of movements, ideologies and doctrines that seek to divide society through its rejection of racism, sexism, homophobia, xenophobia and all other forms of bigotry and prejudice.

South African Human Rights Commission Chairperson Adv Bongani Majola, who also attended the event, likened the declaration to international customary law and expressed hope that it will influence other countries on the continent and internationally to uphold human rights.

Also in attendance was the Chief Executive Officer of the Nelson Mandela Foundation,  Sello Hatang, who highlighted that human rights must benefit everyone, particularly the marginalised. “As we mark the 70th anniversary of the Universal Declaration of Human Rights, the rights of Michael Komape and Viwe Jali, who lost their lives while making use of a pit latrine as a result of inadequate sanitation at their schools, must be championed,” said Hatang.

These sentiments were also carried by the President, who said while South Africa has one of the most progressive constitutions in the world, particularly as it relates to socio-economic rights, there is a great deal of unfinished business. “There is a disjuncture between what the Constitution promises and reality. For example, the right to gender equality promised by our Constitution is rendered meaningless unless the state and all social actors fulfil their obligation to put instruments in place to support the advancement of this right,” said President Rampaphosa.