“South Africa can take on a more active role in denouncing the surge of legislation that represses individual rights in Africa,” write Zainab Monisola Olaitan, a postdoctoral fellow at UP’s Centre for Human Rights, and professor of African Politics in UP’s Political Sciences Department Christopher Isike, who is also the Director of the African Centre for the Study of the United States at UP.

The recent surge in anti-rights legislation across Africa raises concern about the progress of the promotion of human rights in South Africa. This concern is born out of growing support for legislations that violate the rights of citizens in several African countries, thereby questioning the ability of South Africa to avoid falling victim to this wave.

Reflecting on the catalytic event of 21 March 1960, when apartheid police opened fire on protesters, to 29 December 2023, when South Africa initiated claims against Israel at the International Court of Justice, it is easy to conclude that the promotion of human rights has been an important aspiration for the country. However, while South Africa’s human rights aspirations and achievements can be applauded, it is important to pay attention to the wave of anti-rights legislation sweeping across Africa as we celebrate Human Rights Day in South Africa.

In 1995, 21 March was declared Human Rights Day in South Africa to commemorate the 1960 Sharpeville massacre. This massacre by the apartheid regime’s police claimed 69 lives and wounded 180 people who were protesting against the humiliating and discriminatory “passbook”, also referred to as a “dompas”, which was meant only for black South Africans. This day has now also been declared International Day for the Elimination of Racial Discrimination by the United Nations. The event of 21 March 1960 is part of several reasons why South Africa adopted its Bill of Rights.

South Africa remains one of the few African countries with a rights-based constitution, with its Bill of Rights adjudged to be one of the best in the world. This 1996 Constitution provides for the promotion, protection and respect of the human rights of all, irrespective of race, ethnicity, class and gender. For example, it enshrines the rights of sexual and gender minorities, women’s reproductive rights, and mechanisms (Chapter 9 institutions) to ensure strict adherence. One strength of the South African Constitution is its protection of sexual minorities’ rights, women’s reproductive rights and the political rights of all citizens. The latter has, for instance, given impetus to the participation of women in the political system, which has steadily increased since the first democratic elections in 1994. As of 2023, South Africa has the second highest number of women in parliament, at 46.06%, in Africa according to the Inter-Parliamentary Union. These positive manifestations demonstrate South Africa’s commitment to the protection of human and women’s rights.

Nonetheless, the country still struggles with addressing attitudes that can enable a favourable environment for the protection of human rights. This is evident in the face of increasing rates of gender-based violence, discrimination based on sexuality and sexual orientation, race-based inequalities, and xenophobia targeted at African migrants in South Africa. These problems raise concerns about the possibility of regression of human rights in the country. This is exacerbated by the wave of harsh legislations that restrict individual rights on the continent, which populist politicians and thought leaders in South Africa use to justify a revision of the country’s constitution.

Countries like Ghana, Uganda and Gambia are among countries that have introduced legislations that violate the rights of their citizens. For instance, the parliament of Gambia is considering the removal of the ban on female genital mutilation (FGM). A move that is largely supported by faith-based organisations using religion to justify FGM. This puts into perspective the severity of the regression of human rights on the continent.

This is largely a function of anti-rights movements in Africa, which are focused on stalling progressive human rights instruments as they lean towards a more conservative understanding of religion; are aligned with politicians; emphasise traditional family values; and are dedicated to preserving “African values”. This presents a false image as one that upholds public morality, and permeates many African countries. However, what is also clear is that the movements are anti-human rights, anti-women’s rights, and intent on maintaining the status quo of inequalities, separation, and oppression of minorities, the poor and vulnerable in Africa. They use the argument of preservation of African values as a justification for introducing regressive legislation, which helps them to rally support within the population.

The steady regression of human rights in Africa places a responsibility on South Africa as a key regional player in Africa to act as a conscience for the rest of Africa. While reflecting on its shortcomings, South Africa can take on a more active role in denouncing the surge of legislation that represses individual rights in Africa. The reflection on how it can as a country consolidate its commitment to protecting human rights can also serve as a basis for its active role in promoting human rights on the continent.

Most would say that South Africa has its problems; however, the contagion effect of anti-rights legislation in Africa requires that South Africa tighten its rope on human rights promotion. This necessity comes in the face of internal societal attitudes that are antithetical to the promotion and protection of human rights. The social cannot be divorced from human rights issues, as race-based inequality, gender inequality and income inequality will continue to find expression within a society that does not take active measures to protect the equal rights of all its citizens.

Human rights are not just legal instruments; they have socio-political and economic implications for both citizens and the country. Therefore, more active measures must be taken to safeguard human rights.

Therefore, as South Africa celebrates Human Rights Day, the government must take its role as a duty bearer seriously in the promotion, protection, respect and fulfilment of human rights. It must continue to act as a conscientious guardian of rights for South Africa and all that live within it.

Additionally, just as it has been steadfast in its support for the people of Palestine and its condemnation of the violence committed by Israel against Palestinians, South Africa must continue to set the pace for a rights-based model of governance in Africa. This will enable it to mount a formidable opposition to the wave of anti-rights legislation threatening the rights of women, sexual minorities and children. It also aligns well with the theme of this year’s Human Rights Day: ‘All human beings are born free and equal in dignity and rights.’