TRC Final Report

Volume 5

Chapter 6

Subsection 31

■ FURTHER FINDINGS

Children and youth

159 The Commission endorses the international position that children and youth under the age of eighteen are entitled to special protection from government and society. As the Commission’s statistics have shown, the greatest proportion of victims of gross violations of human rights were youth, many of them under eighteen.

160 With regard to children and youth, the Commission finds that:

THE STATE, IN THE FORM OF THE SOUTH AFRICAN GOVERNMENT, THE SECURITY FORCES AND THE CIVIL SERVICES, WAS, IN THE PERIOD 1960–94, THE PRIMARY PERPETRATOR OF GROSS VIOLATIONS OF HUMAN RIGHTS AGAINST CHILDREN AND YOUTH IN SOUTH AFRICA AND SOUTHERN AFRICA.

THE POLICY OF APARTHEID RESULTED IN THE DELIVERY OF INFERIOR, INADEQUATE EDUCATION TO BLACK CHILDREN AND DEPRIVED THEM OF THE RIGHT TO DEVELOP IN MIND AND BODY. THIS DEPRIVATION CONSTITUTES A VIOLATION OF HUMAN RIGHTS.

THE BANNING BY THE GOVERNMENT OF STUDENT AND YOUTH ORGANISATIONS DENIED YOUNG PEOPLE AN AVENUE FOR DISCUSSION AND PROTEST AND RESULTED IN THE CRIMINALISATION OF LEGITIMATE POLITICAL ACTIVITY, THUS ENCOURAGING YOUTH TO TURN TO VIOLENT FORMS OF PROTEST. THE STATE IS FURTHER ACCOUNTABLE FOR THE POLITICAL REPRESSION WHICH FORCED YOUNG PEOPLE TO GO INTO EXILE, LEAVING THEIR FAMILIES AND COMMUNITIES. EXILE DISTORTED THE NORMAL SOCIALISATION OF YOUTH AND NORMAL FAMILY RELATIONSHIPS.

THE STATE IDENTIFIED AND TARGETED SCHOOLS AS CENTRES OF RESISTANCE. SCHOOLS WERE OCCUPIED, AND STUDENTS AND TEACHERS INTIMIDATED AND ARRESTED. THIS CREATED A CLIMATE WITHIN WHICH UNNECESSARY VIOLENCE OCCURRED. AS A RESULT, EDUCATION WAS SEVERELY DISRUPTED. MANY CHILDREN WERE UNABLE TO COMPLETE THEIR SCHOOLING AND/OR ADVANCE TO TERTIARY EDUCATION.

BLACK CHILDREN AND YOUTH WERE DEMONISED AS THE ‘ENEMY’ BY THE SECURITY FORCES IN PARTICULAR AND, MORE GENERALLY, THROUGH THE POLITICAL REPRESENTATION OF YOUTH AND CHILDREN AS PART OF ‘A COMMUNIST ONSLAUGHT’, THUS FACILITATING AND LEGITIMATING THE USE OF VIOLENCE AND FORCE AGAINST THEM. THE COMMISSION HAS FOUND THAT THE SECURITY FORCES UNNECESSARILY RESORTED TO LETHAL FORCE IN PUBLIC ORDER POLICING, WHERE ALTERNATIVE MECHANISMS OF CROWD CONTROL WOULD HAVE BEEN ADEQUATE TO CONTROL MARCHES, PROTESTS AND DEMONSTRATIONS. THE USE OF LETHAL FORCE AGAINST CHILDREN AND YOUTH IS PARTICULARLY SINGLED OUT AND CONDEMNED.

THE STATE WAS RESPONSIBLE FOR THE DETENTION WITHOUT TRIAL AND TORTURE, INCLUDING SOLITARY CONFINEMENT, OF CHILDREN AND YOUTH UNDER THE AGE OF EIGHTEEN. SUCH DETENTION INCLUDED DETENTION IN TERMS OF SECURITY LEGISLATION AS WELL AS THE ABDUCTION OF YOUTH AND THEIR FORCIBLE REMOVAL TO PLACES WHERE THEY WERE DETAINED ILLEGALLY AND TORTURED. THE STATE WAS RESPONSIBLE FOR THE SEVERE ILL TREATMENT IN CUSTODY OF CHILDREN AND YOUTH UNDER THE AGE OF EIGHTEEN, IN THE FORM OF HARASSMENT AND THE DELIBERATE WITHHOLDING OF MEDICAL ATTENTION, FOOD AND WATER.

THE STATE, THROUGH ITS SECURITY FORCES, EXPLOITED AND MANIPULATED DIVISIONS IN SOCIETY AND ENGAGED IN THE INFORMAL REPRESSION OF CHILDREN AND YOUTH BY IDENTIFYING YOUTH LEADERS, ISOLATING THEM AND, THROUGH VIOLENCE OR FINANCIAL INDUCEMENT, INDUCING THEM TO ACT AS INFORMERS OR VIGILANTES.

IN CERTAIN CASES, PROACTIVE MEASURES TAKEN BY THE SECURITY FORCES DURING THE 1980S INCLUDED INFILTRATING YOUTH AND STUDENT STRUCTURES, POSING AS MEMBERS OF THE LIBERATION MOVEMENTS, RECRUITING YOUNG PEOPLE FOR MILITARY TRAINING AND THEN KILLING THEM.