International Human Rights Day
10 December 2019
10 December is commemorated annually as International Human Rights Day. The date has particular significance, as it is the date on which the Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General Assembly in 1948. The UDHR was born following the end of World War II and recognises that everyone is entitled to fundamental human rights protection. The UDHR articulates and enumerates universal inalienable rights such as equality and dignity, regardless of grounds like race, colour, religion, sex, national or social origin. While it is not a binding document, the UDHR is the foundation for over 60 human rights instruments across the world, including the South African Constitution.
10 December also happens to be the culmination of the United Nation’s annual 16 Days of Activism Against Gender-Based Violence Campaign. During these 16 days, society is urged to ponder upon the scourge of gender-based violence and to consistently speak up against it, act against it and advocate for victims and survivors. The devastating irony is that in South Africa, in the middle of this awareness campaign, the reports of missing or murdered women and children continued to pour in. It is therefore apt that this day calls for a reflection on what it means to be a human rights bearer and the history of disenfranchisement that far too many communities of vulnerable people have yet to overcome. The poor protection record permeates more than just gender-based violence and is not limited to South Africa.
According to Amnesty International’s The State of African Regional Human Rights Bodies and Mechanisms report, the blame for many of the human rights violations experienced by people lies with their governments. Over and above systematic failures to ensure the protection of their citizens’ rights, African states are consistently late in submitting human rights country reports to the relevant bodies, such as the African Union. Some have taken up to 19 years before the submission of their first country reports since signing the African Charter on Human and People’s Rights. Further, the report states that African human rights bodies continue to work in harsh conditions where their decisions are ignored and their pleas for adequate funding and human resources go unanswered. Not only is this indicative of the attitudes of states parties when it comes to human rights protection, but it also has the effect of limiting protection and justice for those that need it the most.
In the period under review, the African Commission on Human and People’s Rights sent over 80 urgent appeals to states parties regarding human rights violations. Only 31% of these received a written response. The Commission also requested over 25 country visits. Of these, 13 were authorised in principle and only five actually took place. The African Court on Human and Peoples’ Rights handed down 25 judgments. However, at the time of reporting, only Burkina Faso had fully complied with the Court’s decisions. The remaining nations either complied partially or not at all.