The year 2023 marks the 75th anniversary of the UDHR which is underpinned this year, by the theme ‘Equality, Freedom and Justice for All’. In upholding this theme, the South African Human Rights Commission (SAHRC) joins in the calls for an immediate ceasefire in the besieged occupied territory of the Gaza Strip in Palestine.
The SAHRC is deeply concerned by the reported number of fatalities and the indiscriminate military attacks on innocent civilians, most of whom are children. There seems to be no safe place for the besieged population due to the widespread destruction of infrastructure, places of worship, schools and hospitals. The current environment severely limits the work of humanitarian agencies further exacerbating the scale of human suffering and access to much-needed relief aid. Despite the ongoing conflict, the SAHRC commends the human rights defenders, journalists, medical personnel and humanitarian aid workers for their tireless efforts in providing assistance and giving insights into the realities on the ground.
As a member of the Global Alliance of National Human Rights Institutions (GANHRI), the SAHRC reiterates GANHRI’s call for ‘all parties involved to immediately end the violations of international law, to ensure the full protection of all civilians, and to respect all principles under international law at all times, including the rules of distinction, precaution, legality, and proportionality.’
The SAHRC is encouraged that on 6 December 2023, the United Nations Secretary-General, Mr Antonio Guterres, invoked Article 99 of the UN Charter, which allows the Secretary-General to bring to the attention of the Security Council, any matter which may threaten the maintenance of international peace and security. The Secretary-General notes that ‘the current conditions are making it impossible for humanitarian operations to be conducted’ and that the situation is ‘deteriorating into a catastrophe with potentially irreversible implications for Palestinians as a whole and for peace and security in the region’.
The SAHRC further extends support and solidarity with its sister A-status national human rights institution (NHRI), the Palestinian Independent Commission for Human Rights (ICHR). The SAHRC recognises the efforts of the ICHR in upholding its mandate to promote and protect human rights in Palestine, particularly given the escalation in hostilities in the occupied territory. The SAHRC acknowledges the challenging context in which the ICHR operates and expresses its sincere condolences to the ICHR colleagues who have lost their loved ones and had their homes destroyed during the conflict in both the West Bank and Gaza.
The SAHRC is aware of the highly emotive nature of the situation in Gaza and that the marches and demonstrations have been, and continue to be, organised throughout South Africa. The SAHRC reminds the public that the Constitution guarantees the right to freedom of expression (section 16), and the right to peaceful assembly and protest (section 17). Mindful of South Africa’s past, it is of critical importance that the constitutionally protected rights of all parties are upheld, even if there may be divergent or opposing views, beliefs and opinions.
In echoing the preamble of the UDHR, we are reminded that the ‘disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind’. With this in mind, and our own South African experience under an apartheid regime, the SAHRC supports the calls for an urgent and immediate ceasefire in Gaza, the protection of civilians, the unhindered provision of humanitarian aid, and for those responsible for the continuous aggression to be held accountable. In recalling our experience in South Africa, the SAHRC reaffirms its position that dialogue remains the only route to a durable solution in the Middle East and elsewhere, and that indeed ‘equality, freedom and justice’ should be for all.
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Issued by the South African Human Rights Commission
Wisani Baloyi – Acting Communications Coordinator Tel: 081 016 8308 This email address is being protected from spambots. You need JavaScript enabled to view it.