Heritage Day plays a pivotal role in promotion of national unity, as well as forging a path of inclusivity, just, equal, prosperous South Africa. In a country that has been grappling with challenges of lack of social harmony with tensions manifesting on social media platforms, Heritage Day provides an opportunity to reflect on the meaning of diverse cultural identity and the term rainbow nation, that South Africa is affectionately known for.
The Commission, in line with its Constitutional mandate to promote, protect and monitor the observance of human rights, is contributing towards creating a harmonious society. In March this year, the Commission launched a campaign: Promoting a Culture of Human Rights and Social Harmony through the Resolution of the National Question to provide a platform for open and honest discussions on the state of the nation and its future, viewed through a human rights lens.
A cultural tolerant South Africa will live in harmony and curb social hatred based on cultural backgrounds and/or origin. Indigenous people especially the Khoi and San continue to complain over marginalisation especially deprivation of their cultural practices such as hunting, fishing and language rights. The Rastafari feel marginalised too as they complain that they are being persecuted over their cultural practices including cannabis usage and dreadlocks in schools.
The Commission continues to intervene to ensure that the rights of marginalised groups are protected. In February this year, the Commission held a dialogue on the rights of Rastafari community to discuss complaints brought by them of unlawful cannabis-related arrests, high unemployment rates due to criminal records stemming from historical cannabis-related convictions, school expulsion over children’s dreadlocks, and systematic exclusion from the rapidly growing cannabis industry. The Commission has also issued hate speech related findings and taken matters to the Equality Court. Hate Speech remains a thorn that keeps on dividing the country through hurtful utterances which are widely shared on social media platforms.
Social harmony begins with a provision of running water and clinics in rural communities, adequate housing in rural households and informal settlements, consistent service delivery by municipalities, reliable scholar transport, eradication of pit latrines at schools, curbing crime and building safe communities with police visibility.
Our recently launched report on the State of Human Rights reveals that of the 7, 516 complaints received by the Commission in the 2024-25 financial period, the highest number of complaints were related to economic and social rights such as health care, food, water and social security. The second-highest number of complaints related to just administrative action. Insofar as equality is concerned, the highest number of complaints were race-related.
Challenges such as under-utilisation of funds and budget rollover; misalignment between budget and housing demand; lack of financial resources to provide health services; lack of sufficient water and decent sanitation and backlogs in the provision of child foster grants were highlighted.
A culture of human rights and love must be directly proportional to equal and meaningful economic participation through secure-decent jobs and business opportunities. A society that is characterised by reliable service delivery and decent life for all citizens, with proper roads for supplies and service to access every quarter of society with ease, including remote communities. The Commission remains concerned over challenges of lack of access to land. Historically disadvantaged people continue to cry over access to land for agricultural and residential purposes. Since the enactment of the Constitution, no legislative measures have been taken by the State to give effect to Section 25(5) of the Constitution.
The State’s continued failure to enact specific legislation to give effect to Section 25(5) of the Constitution enables a prevailing context of policy incoherence regarding land rights. This legislative void has led to the implementation of land redistribution initiatives in a disjointed and inconsistent manner, often lacking coordination and strategic focus. As a result, these initiatives have been ineffective in achieving the intended goal of equitable land access and have been prone to inefficiencies and mismanagement.
The Commission calls on society to tap on abundance of cultural wealth from older persons more this heritage month to reinvigorate the quest for a harmonious society in admiration of our cultural differences.
ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION