Photo: Bintakinpics / Flickr
Photo: Bintakinpics / Flickr
We love our public holidays in South Africa. There’s something very enjoyable about a day-off in midweek. But all of our special days weigh heavy in historical significance. Human Rights Day is no exception, and it commemorates one of the worst tragedies in our chequered history.
The day is linked with the events of Sharpeville on 21 March 1960. Almost 70 people died and 180 more were wounded when police opened fire on a peaceful crowd that was protesting the country’s pass laws. The date has been commemorated since the dawn of democracy, to ensure we don’t forget those who were gunned down.
Human Rights Day is a chance to reflect our own rights and civil liberties. Given that 250 citizens were shot just for voicing an opinion almost 60 years ago, our freedom of speech is something that we should not take for granted.
How the Bill of Rights protects our freedom of speech
Our Bill of Rights – enshrined in the Constitution – gives numerous protections towards what you can say without fear of retribution. According to Section 16 (1) of the charter, everyone has the right to freedom of expression, which includes:
Freedom of the press and other media
This allows for a free and democratic media to report in an unbiased fashion. It gives provisions for journalists to write what they want, about who they want, so long as they do it in a factual manner. This right lets the press operate without fear of “upsetting the wrong people”.
Freedom to receive or impart information or ideas
In the eyes of the law, All South Africans are free to learn about anything they want. They also have the green-light to share their ideas with others. As we’ll explain soon, there are only a few limitations to this rule.
Freedom of artistic creativity
Sadly, some countries face a reality where even a poorly-placed doodle can land them in trouble. That’s not the case in South Africa. Controversial exhibits such as the “F*** White People” display and the infamous works of Ayanda Mabulu are largely protected under this banner.
Academic freedom and the freedom of scientific research
Our professors, writers and scientists also have free reign when it comes to their research. There are no topics that our brightest minds are forbidden from investigating, and if it has academic value, they are allowed to publish their findings in any manner they feel is appropriate.
Limitations to what you can say
The protection of free speech has to have boundaries somewhere. Sadly, there are quite a few unsavoury characters out there who try abuse freedom of expression laws to push some pretty dangerous ideologies.
It’s not “PC gone mad” to flag genuinely harmful sections of speech. Although the Bill of Rights does allow South Africans to say practically anything they want, the right in subsection (1) does not extend to:
Propaganda for war
In the spirit of Human Rights Day, the charter forbids citizens from inciting support for a war. That also includes support for a civil war, based on grounds of race, ethnicity, gender or religion.
The incitement of imminent violence
No-one in this country is allowed to drum-up support for violence against a particular set of people. A threat to commit violence against a particular sub-section of society is illegal: The Kessie Nair case is a prime example of this.
The advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm
That’s as self-explanatory as it gets. Citizens are not allowed to propagate the expression of hatred towards people simply based on factors beyond their control. This is called “hate speech“, and it’s illegal.
Human Rights Day: What are my Human Rights?
These are all the basic things South Africans should be entitled to. They are enshrined by our Bill of Rights. Being denied any of the following by authority or circumstance can be considered a violation of your human rights:
- All persons have the right to citizenship and security.
- Persons and groups are entitled to freedom of assembly, association, belief and opinion, and expression: You have the right to demonstrate, picket and petition.
- Everyone has the right to be free from forced labour, servitude and slavery.
- All persons have a right to privacy and to exercise political rights.
- All have a right to access to information and just administration action.
- Everyone has rights when they are arrested, detained and accused, and must have access to courts.
- All have a right to freedom of movement and residence and of trade, occupation and profession.
- In the workplace, everyone has a right to engage in trade unions and labour movements.
- Anyone has the right to purchase property anywhere.
- Everyone has the right to
a basic education. - We all have a right to language and culture and communities;
- Everyone has freedom of religion and belief.
