"In terms of Section 17 of the Constitution, people have a right to protest, and protest action plays a crucial role in ensuring the realisation of economic, social, cultural, civil and political rights,” said
Commissioner André Gaum, SAHRC Commissioner responsible for the Right to Education.
“The right to demonstrate must be exercised in accordance with the law and as such should not be exercised in a manner that results in the destruction of public or private property and infringes on the rights of others. While protestors are free to advance their interests through protest action, preventing access to schools undermines the right to education," said Commissioner Gaum.
Concerned by the growing trend that the right to a basic education is being undermined by protest-related action and the destruction of 29 schools during protests that impacted an estimated 10 233 learners, the SAHRC convened a national investigative hearing to determine the extent of the phenomenon in June 2016.
In the Hearing Report, “The Impact of Protest-related Action on the Right to a Basic Education in South Africa”, released on 15 September 2016, the Commission stated that:
“The manner in which the right to protest is exercised needs to take into consideration other rights such as the right to a basic education and the principle of ‘the best interests of the child’. Ensuring that children do attend school should be a priority for communities, public officials and society, acting in concert in the interests of the children’s right to education.”
Barring children from school is not in the interest of the child as demanded by the Constitution and thus constitutes a violation of essential rights of children in the education system.
Arising from its probe the Commission had issued several recommendations to several departments to prevent such a reoccurrence amongst which were a call for early warning systems to identify and resolve such matters before they impacted on schools, enhanced protection and improved co-ordination and action by responsible departments and stakeholders. One of the key recommendations was that all parties need to be made aware of the duty to protect the interests of learners. The SAHRC recommended the establishment of an Interdepartmental National Public Protest Response Team (National Response Team) - consisting of various entities such as the South African Police Service (SAPS), the Department of Cooperative Governance and Traditional Affairs (CoGTA) and other relevant stakeholders - to enable faster reaction by the appropriate authorities when public protests threaten access to basic education.
The Commission, concerned by the myriad ways in which children’s rights are being violated, and in the interests of promoting, monitoring and furthering the realisation of children’s rights, has launched child friendly spaces throughout the SAHRC’s nine provincial offices nationwide and further launched a child-friendly complaints handling procedure to enable children to report complaints of human rights abuses. The SAHRC thus invites all affected learners, who may have concerns about their human rights being affected, to approach their nearest Commission Provincial office.
On Thursday, 16th May 2017, the Commission appeared before the Portfolio Committee on the Right to Basic Education with regard to its Report. This meeting was also attended by the Honourable Angelina Motshekga, Minister of Basic Education, and Director-General, Mr Hubert Mathanzima Mweli.
The Department has in response communicated its intention to work with the SAHRC to achieve sustainable solutions. In addition to this, the SAHRC has resolved to bring its Report to the attention of the Presidency with regard to the recommendation of the establishment of an Interdepartmental National Public Protest Response Team.
The Commission therefore calls on all parties concerned, the DBE, SAPS, local community organisations, local, provincial and national government, to secure the right of children in Vuwani to their education.
Ends
Issued by the South African Human Rights Commission
SAHRC Spokesperson: Gail Smith. Contact: 060 988 3792, This email address is being protected from spambots. You need JavaScript enabled to view it.
SAHRC Communications Co-ordinator: Gushwell Brooks, Contact: 082 645 8573, This email address is being protected from spambots. You need JavaScript enabled to view it.