Human rights in South Africa
Human rights in South Africa are protected under the constitution. The 1998 Human Rights report by Myles Nadioo noted that the government generally respected the rights of the citizens; however, there were concerns over the use of force by law enforcement, legal proceedings and discrimination.[1] The Human Rights Commission is mandated by the South African Constitution and the Human Rights Commission Act of 1994, to monitor, both pro-actively and by way of complaints brought before it, violations of human rights and seeking redress for such violations. It also has an educational role.[2]
Welfare[edit]
As of 2021, roughly 30% of South Africans (18 million out of the country's population of 60 million) received government grants.[17] This number increased sharply during the coronavirus pandemic; in October 2020, more than 70% of South Africans were living in a household receiving government support.[18]
The 1997 "White Paper on Social Welfare" outlines South Africa's social welfare policy.[19] The White Paper on Social Welfare focuses on providing South Africans with opportunities for increased autonomy.[19] For example, White Paper on Social Welfare stipulates the provision of public works projects.[19] The White Paper also emphasizes the significance of non-state welfare organizations in providing welfare.[19] Such organizations include non-governmental organizations (NGO's) and religious organizations.[19] Additionally, the White Paper focuses on the government providing welfare specifically to families.[19] But, the White Paper has relatively fewer provisions for the elderly.[19] The government expects families to take responsibility for caring their elderly relatives, partly because of cultural values.[19] The White Paper also covered child support grants and refrained from stereotyping concerning the gender roles in a family. For instance, the White Paper did not specifically refer to the male in a household as the "breadwinner".[19] Racial disparities in the cities of South Africa still exist, despite the country's having long since ended apartheid. Many black South Africans still struggle to obtain basic needs such as housing, living in under-maintained townships, while many urban white South Africans reside in gated communities with a heavy presence of private security. The Sowetan Live has recently reported that "...indeed the city has contributed to" building "4,000 social homes in 11 districts" with more than 350,000 residents still in need of immediate housing relief.[20]
Deportation of foreigners[edit]
The South African government has been criticised by Human Rights Watch for deporting hundreds of thousands of Zimbabwean refugees and treating victims of political violence as economic migrants. By sending refugees back to persecution, Human Rights Watch has asserted that South Africa is violating the refugee convention and international law.[25]
On 17 September 2020, Human Rights Watch published a 64-page report detailing the widespread xenophobic violence in South Africa. The report also contained video footage and witness testimony. Despite the March 2019 adoption of a government action plan to combat xenophobia, African and Asian foreigners in the country suffer routine harassment and abuse.[26]
Labour rights[edit]
Legal[edit]
South Africa has implicit and explicit labour regulations.[38] Its implicit labour regulations are stated in the Constitution and set the boundaries for explicit regulations.[38] Explicit regulations are set by employers and are specific to each job.[38] On the other hand, implicit regulations are the Labour Relations Act 66 of 1995, the Basic Conditions of Employment Act 75 of 1997, the New Employment Equity Act 55 of 1998, and the Skills Development Act 97 of 1998—each with subsequent amendments.[38] The Labour Relations Act 66 allows workers to create unions and collectively bargain.[39] Over the years, the number of unions in South Africa have declined.[38] Also, there are fewer federation-associated trade unions and more independent trade unions in South Africa today.[38] The Basic Conditions of Employment Act 75 has regulations concerning working hours, leave, and termination.[40] The New Employment Equity Act 55 was created to lessen discrimination. It also provides parameters for affirmative action.[41] The Skills Development Act 97 promotes worker productivity and competitiveness in the market.[42]
Unions[edit]
South Africa has some labour related issues. One aspect is the formation of unions.[43] In fact, 22% of South African workers are union members.[3] In 2012, the Marikana Massacre occurred.[43] The Marikana Massacre was the killing of 44 platinum miners who were on strike to earn increased wages.[43] 78 people were wounded and 259 were arrested.[38] One reason for this brutality was that the strike was not protected.[38] Additionally, poorly paid farm workers have been striking.[43] One example is of the Western Cape Farm worker strike in which the workers were mostly female.[38] The strike resulted in 3 deaths, but the workers got a 52% increase in pay.[38] This strike was also unprotected.[38] There was another platinum mining strike in 2014, but it differed from the 2012 platinum mining strike because it was protected.[38] The protection prevented police brutality.[38] In fact, this strike lasted for five months.[38] Consequently, the world's platinum production decreased by 40% because of the lack of labour.[38] The worker's wages did increase as a result but, the workers also suffered losses because of the "no work, no pay" policy in South Africa.[38] Workers who strike are generally strongly motivated, even with protected strikes, because there is much risk of loss.[38]
Foreign[edit]
The union membership rate in South Africa is one of the highest in the world.[3] Furthermore, the risk of union conflict is a deterrent for foreign companies.[3] South Africa is receptive to foreign companies because they create jobs.[3] The unemployment rate in South Africa is approximately 30%.[3] The government encourages foreign and disadvantaged domestic company partnership by giving benefits to foreign companies.[3] Also, the South African government requires that businesses with government contracts donate to social programs.[3] Also, South Africa has high numbers of migrant workers from rural areas throughout Africa, which gives foreign companies a large labour force to choose from.[3]