Barry Streek
The South African Human Rights Commission (HRC) has strongly criticised the government for not taking it seriously, accusing some ministers of regarding it as a nuisance and condemning Parliament for not giving its reports meaningful attention.
The 1999 HRC report, which has been tabled in Parliament, says the commission believes there is “a lack of understanding” about its role in some government circles.
“We have noted that government departments and ministries continue to be very slow to respond to enquiries. Reports remain unattended for long periods of time. Sometimes it takes numerous telephone calls before one gets a reply to a simple but necessary inquiry.
“It appears that, in the minds of some civil servants and ministers, the commission is of no more than nuisance value,” the annual report says. It had, therefore, to rely on subpoenas when complaints did not receive due attention or questionnaires were not answered.
The commission reports similar problems in Parliament: “We have been concerned that the reports of the commission do not receive any meaningful attention from Parliament. We believe that this undermines the intentions of Parliament, which decreed that the commission should report to Parliament, submit quarterly reports on serious human rights violations, and advise on legislation.”
The commission, together with the South African NGO Coalition (Sangoco) and the Commission for Gender Equality, held poverty hearings and submitted a report to Parliament. “To our knowledge the report has never been considered by Parliament nor have we received any governmental response to the report.”
The investigation found that poverty alleviation resources did not reach those in greatest need, but “public servants did not appear to be sensitive to the plight of the poor”.
The report documents a comprehensive list of examples where the commission intervened last year, ranging from initiation practices at the Elsenberg Agricultural College near Stellenbosch to the rights of children in a radio programme on child prostitution.
The 125-page document, which devotes one page to the commission’s controversial media probe, makes stinging comments on the state of human rights in South Africa, and says the social inequality gap is increasing: “It appears the poor are getting poorer and the rich richer.”
Reports of “rampant racism” were rife, the report says. There have been reports of violence against and ill-treatment of farm workers, racial discrimination in schools and institutions of higher learning, discriminatory treatment of black people in public institutions and discrimination in housing, especially rented housing in the cities.
But, the commission says, “we have received less than universal and enthusiastic support for these efforts. There is a cynicism and indifference which, we believe, bodes ill for the future and stability of our country.”
The commission criticises Minister of Safety and Security Steve Tshwete for his reluctance to implement a section of the Criminal Procedure Act restricting the police’s use of firearms, passed by Parliament, saying it was concerned that “a message was being sent out to police structures that police could act without accountability and that our human rights system could be an impediment to effective crime preventing.
“We fear that a populism that dwells only on the fears of the people may lead to autocratic behaviour and in the long term undermine the very rights South Africans have struggled for,” the report warns.