TRC Final Report

Volume 5

Chapter 8

Subsection 2

■ PREVENTION OF GROSS HUMAN RIGHTS VIOLATIONS IN THE FUTURE

14 One of the essential goals of the Commission was to ensure that there would be no repetition of the past. For reconciliation to have any chance of success, it is imperative that a strong human rights culture be developed. The Commission recognises, however, that for such a culture to become a reality, a number of simultaneous actions will have to take place.

THE RECORDS OF THE COMMISSION’S PROCEEDINGS, THIS REPORT AND THE RECORDED AUDIO AND VIDEO TAPES OF THE PUBLIC HEARINGS FORM A RICH CONTRIBUTION TO THE PUBLIC MEMORY, AND SHOULD BE MADE AVAILABLE IN THE WIDEST POSSIBLE WAY. MUSEUMS WHICH CELEBRATE DIFFERENT ASPECTS OF THE PAST SHOULD BE ESTABLISHED AND MAINTAINED.

THE COMMISSION RECOMMENDS THAT GOVERNMENT ACCELERATE THE CLOSING OF THE INTOLERABLE GAP BETWEEN THE ADVANTAGED AND DISADVANTAGED IN OUR SOCIETY BY, INTER ALIA, GIVING EVEN MORE URGENT ATTENTION TO THE TRANSFORMATION OF EDUCATION, THE PROVISION OF SHELTER, ACCESS TO CLEAN WATER AND HEALTH SERVICES AND THE CREATION OF JOB OPPORTUNITIES. THE RECOGNITION AND PROTECTION OF SOCIO-ECONOMIC RIGHTS ARE CRUCIAL TO THE DEVELOPMENT AND SUSTAINING OF A CULTURE OF RESPECT FOR HUMAN RIGHTS.

IN REGARD TO THE CREATION OF JOB OPPORTUNITIES, THE COMMISSION APPRECIATES THAT THE PRIVATE SECTOR AS WELL AS GOVERNMENT WILL HAVE TO PLAY A LEADING ROLE. TWO AREAS WHICH THE COMMISSION ASKS GOVERNMENT TO CONSIDER ARE THE ESTABLISHMENT OF A PEACE CORPS AND A MORE FOCUSED EMPHASIS ON PUBLIC WORKS WHICH, BY DEFINITION, WOULD BE LABOUR INTENSIVE.

IT WILL BE IMPOSSIBLE TO CREATE A MEANINGFUL HUMAN RIGHTS CULTURE WITHOUT HIGH PRIORITY BEING GIVEN TO ECONOMIC JUSTICE BY THE PUBLIC AND PRIVATE SECTORS. RECOGNISING THAT IT IS IMPOSSIBLE FOR THE PUBLIC SECTOR ALONE TO FIND THE RESOURCES REQUIRED TO EXPEDITE THE GOAL OF ECONOMIC JUSTICE, THE COMMISSION URGES THE PRIVATE SECTOR IN PARTICULAR TO CONSIDER A SPECIAL INITIATIVE IN TERMS OF A FUND FOR TRAINING, EMPOWERMENT AND OPPORTUNITIES FOR THE DISADVANTAGED AND DISPOSSESSED IN SOUTH AFRICA.

FURTHER, THE COMMISSION RECOMMENDS THAT A SCHEME BE PUT INTO PLACE TO ENABLE THOSE WHO BENEFITED FROM APARTHEID POLICIES TO CONTRIBUTE TOWARDS THE ALLEVIATION OF POVERTY. IN SUBMISSIONS MADE TO THE COMMISSION, A WEALTH TAX WAS PROPOSED. THE COMMISSION DOES NOT, HOWEVER, SEEK TO PRESCRIBE ONE OR OTHER STRATEGY, BUT RECOMMENDS THAT URGENT CONSIDERATION BE GIVEN BY GOVERNMENT TO HARNESSING ALL AVAILABLE RESOURCES IN THE WAR AGAINST POVERTY.

RECOGNISING THAT RACISM UNDERLIES MANY OF THE RIFTS AND DIVISIONS STILL PRESENT IN SOCIETY, THE COMMISSION RECOMMENDS THAT GOVERNMENT INSTITUTIONS AS WELL AS THE PRIVATE SECTOR AND CIVIL SOCIETY TAKE ALL POSSIBLE MEASURES TO OVERCOME RACISM. SUCH MEASURES SHOULD INCLUDE POLICIES AND PRACTICES OF TRANSFORMATION AND DEVELOPMENT WITH REGARD TO STRUCTURES, CULTURE AND ATTITUDES.

ONE FACTOR MILITATING AGAINST THE ESTABLISHMENT OF A HUMAN RIGHTS CULTURE IS THE HIGH INCIDENCE OF SERIOUS CRIME. SECURITY OF PERSON AND PROPERTY IS A FUNDAMENTAL HUMAN RIGHT. TO ADDRESS THE UNACCEPTABLY HIGH RATE OF SERIOUS CRIME, GOVERNMENT IS REQUESTED TO GIVE CONSIDERATION TO THE INTRODUCTION OF COMMUNITY POLICING AT ALL LEVELS AS A MATTER OF URGENCY.

ANOTHER BARRIER TO THE CREATION OF A HUMAN RIGHTS CULTURE IN SOUTH AFRICA IS THE EXTENT OF WIDESPREAD CORRUPTION IN BOTH THE PRIVATE AND PUBLIC SECTORS. IF THERE IS TO BE AN ENTHUSIASTIC RESPONSE BY THE GENERAL PUBLIC TO THE WAR AGAINST POVERTY AND CRIME, THERE HAS ALSO TO BE A CORRESPONDING RUTHLESS STAND AGAINST INEFFICIENCY, CORRUPTION AND MALADMINISTRATION AT EVERY LEVEL OF THE PUBLIC AND PRIVATE SECTORS.

THE RULE OF LAW – THAT PRINCIPLE WHICH ENSURES THAT NO EDICT OF STATE MAY OVERRULE THE RIGHTS OF CITIZENS, IS NOW SPECIFICALLY PROTECTED IN THE CONSTITUTION. EVEN IF CONDITIONS REQUIRE THE PROCLAMATION OF A STATE OF EMERGENCY, NO ONE SHOULD BE ABLE TO BE HELD INCOMMUNICADO AND WITHOUT BEING CHARGED, OR IN CIRCUMSTANCES WHERE THEY ARE VULNERABLE TO TORTURE AND SEVERE ILL TREATMENT. IN ADDITION, GOVERNMENT SHOULD NEVER AGAIN PASS LEGISLATION INDEMNIFYING THE POLICE OR OTHER SECURITY FORCES AGAINST PROSECUTION OR CIVIL CLAIMS FOR ILLEGAL ACTIONS CARRIED OUT IN SUPPORT OF THE STATE, EVEN UNDER A STATE OF EMERGENCY.

Where human relations are strained by war, meaningful human rights enforcement requires constant vigilance, and an unyielding commitment to sanctions – no matter how worthy the cause for which one is fighting.²