Monthly Archives: August 2013

HUMAN RIGHTS INSTITUTE OF SOUTH AFRICA (HURISA) COMMEMORATES THE MARIKANA TRADEGY OF 16 AUGUST 2012: ONE YEAR SINCE VIOLATION OF GROSS HUMAN AND PEOPLE’S RIGHTS “JUSTICE DELAYED IS JUSTICE DENIED”

Immediate Media Statement

Date: 16 August 2013

Human Rights Institute of South Africa (HURISA) will be joining the rest of the International Community, People of North West Province, and Mine workers across South Africa today, Friday the 16^th of August 2013 in commemorating the Marikana catastrophe, labour related strike on wages and reasonable living conditions by Lonmin management and other mining related management in South Africa.

In Marikana, Nkaneng Informal Settlement, HURISA shares its heartfelt sympathy to all families mourning, those who suffered inhumanely injuries, witnesses, human rights and legal defender and mine workers assassinated since the wildcat strike began last year in 2012.

HURISA is concerned that since the 1993 Regulation of Gathering Act was promulgated during the transitional period, the South African security agencies, Justice ministry and trade unions are still grappling to understand objectives and the intention of the Regulation of Gathering Act. We urgently request the all stakeholders to reconsider convening a national workshop to revisit this legislation in the spirit of Human and People’ rights, Human security and Labour rights and responsibilities of all workers in post-Apartheid South African mining industry.

HURISA is disappointed that the Farlam Commission of enquiry that was established by the office of the State of President in 2012 has been experiencing financial difficulties and unnecessary delays in terms of the logistical and legal support of the families, relocation of the hearings venue and malicious assassination of key witnesses.

We therefore remind the South African Government that in light of its obligations under the African Charter on Human and Peoples’ Rights and other regional and international instruments to:

Take all necessary measures to ensure the defence of its citizens in accordance with its regional and international human rights obligations because since Marikana disaster thirteen people (13) have been killed, ensure proper investigation on the acts of political violence which have been perpetrated by the striking workers and the police and further ensure that all the perpetrators of these heinous acts are brought to justice.

HURISA further calls the Government of North West Province, National Security Departments and Office of the State President, Traditional leadership, Trade Unions, Media, Human Rights Defenders, Mine Management, Security Agencies, Justice Department and the Community of Marikana to reflect and observe this day under the moral principles of respect of human and people’s rights, tolerance, peace, restorative justice, reconciliation, human dignity and right to human life.

Issued by Human Rights Institute of South Africa (HURISA)

Adv. Sipho Mantula

Advocacy and Media Liaison Officer

Tel: 011 333 1730

Cell: 0847815587

Email:rasgideon@hurisa.org.za

Immediate Media Statement

Date: 09 August 2013

This day remains a historical testament of political emancipation of women in the South African. The events of this day epitomize the women’s resistance to abuse, exclusion and defilement of their human dignity. It would be a mistake to perceive the significant of this day as power struggle between males and females. But the event affirmed women’s capacity to participate in political life of their country as well as making decisions in economic, social, religious and cultural matters that concern them. These fearless sacrifices will be shattered if more emphasis is given on acclamation.  But they should be accompanied by adoption and appropriate implementation of measures to eliminate abuse of women. South Africa has made progress in adoption of laws and policies to prevent and eliminate discrimination and violence against women. In addition, these laws are harmonized by regional and international human right instruments which accord women with their innate liberties. South Africa is committed to empowering women with their inalienable and indivisible rights. This is demonstrated in accession of regional and international treatise which underscore full participation and development of women. The Convention on Elimination of all Forms of Discrimination Against Women and the Protocol on the Rights of Women in Africa (Maputo Protocol) are key instruments to strengthen progress in development of women in the country.

However, these commitments require effective practical implementation, particularly at local level, where majority of women live under cruel and degrading scourge of violence, rape and environmental squalor.  The safety and security of women is a constitutional right and state obligation to respect, fulfill, promote and protect. Adding to this is the solemn declaration undertaken by the government to take concrete steps to give greater attention to the plights faced by women in the country. However women experience violence as a daily phenomenon in South Africa. Women live in fear of falling into prey in exercise of daily basic life and search of livelihood for example, working, taking a walk, or partaking in official or casual places. Their risk is judged by the way they dress, where they are, who they associate with, time of the day or night they are found is also a serious concern. Rape affects many women, it is a silent killer to others while destroys souls of other women, including their physical and mental integrity, human dignity, self esteem and self worth. How can the perpetrators continue to persecute women when their fundamental role is appreciated for contributing positively to the demise of apartheid.  Door is open for all sorts of the perpetrators ranging from police; educators, family members; associates; employers and public members to torment women with this scourge. This is a national problem and a critical need for educational and sensitisation intervention be embarked nation-wide to inculcate a culture of respect of women, children, bodies, including hearing their voices as informal or formal intellectuals. Clearly, this situation typify the lack of understanding and meaning of violence endured by women, including obligations undertaken by the country to implement regional and international human rights standards at national level.  This national intervention also refers to honouring of state obligations through submission of periodic reports to the African Commission on Human and People’s Rights as well as United Nations. The state duty to make availability of resources cannot be overemphasized to ensure protection of women, especially as provided in the Maputo Protocol and CEDAW. Priority should be given to women to play important role in both report writing and shadow reporting on all instruments ratified by South Africa. Late submission and under resourced processes diminish the goals to protect and develop women.

The African Charter on Human and People’s Rights recognise African practices consonant with international norms. On the other hand the Maputo Protocol accords women the right to live in a positive cultural environment and participate in formulation of cultural policies. This means all women have a say to any policy that seek to determine their cultural or religious lives. Virginity testing and practice of Ukuthwala (forced marriages practiced in KZN and Eastern Cape Provinces) contradicts the positive African values aspired by the African Charter and Maputo Protocol.  The Protocol recognises women from all sectors including Disability, Elderly, Widows, Refugees, Indigenous and LGBT.  This is also given effect by Article two of the African Charter on Human and People’s Rights which guarantee rights of every individual regardless of any kind of discrimination. Let this occasion of honouring our heroines be practical and provide the opportunity to assess progress in implementation of policy advancing women, especially in marginalised and disadvantaged communities

Issued by HURISA, tell 011 333 1730