Every day human rights defenders in South Africa face threats, intimidation, and harassment, while some have even lost their lives, all because they are standing up for human rights. But very little is being done by the state to ensure that these people are protected.
The term “human rights defenders” is not well known in South Africa, but it should be.
So what is a human rights defender?
Quite simply, it is anyone who, individually or in association with others, acts to defend and/or promote human rights at a local, national, regional or international level. They come from all walks of life. They can be journalists, lawyers, healthcare professionals, teachers, trade unionists, whistleblowers, victims or relatives of victims of human rights violations and abuses or members of human rights organisations.
Human rights defenders’ activities might be part of their profession or undertaken voluntarily and unpaid; they might be organised and occur on a regular basis, or they could simply be an action to stand up for human rights.
South Africa has a very proud history of human rights defenders, the many people who stood up against an oppressive apartheid government and fought for their rights or the rights of others to be recognised and realised by the majority in this country.
There have also been many human rights defenders in post-apartheid South Africa who are standing up for the rights of their communities and are paying a heavy price for doing so.
These are people such as Amadiba Crisis Committee activists Nonhle Mbuthuma and Twesha Silangwe, who are fighting for the land, environmental and human rights of their community in the Eastern Cape. The chairperson of the committee, Bazooka Rhadebe, was shot dead in 2016. No one has been brought to justice for his murder.
In 2020, environmental activist and human rights defender Fikile Ntshangase was silenced with six bullets. Ntshangase was part of the Somkhele community, who live near the Tendele coal mine owned by Tendele Coal Mine (Pty) Ltd in KwaZulu-Natal.
As vice-chairperson of a subcommittee of the iMfolozi Community Environment Justice Organisation, a community-based organisation advocating for environmental justice in the area, Ntshangase was a vocal opponent of the open-pit coal mine and the expansion of its mining operations in the area. There is still no justice for her murder four years later.
Babita Deokaran, the chief director of financial accounting at the Gauteng Department of Health who exposed corruption in the procurement of Covid-19 personal protective equipment, was shot dead outside her home in 2021.
Then there are members of the shack dwellers movement Abahlali baseMjondolo (AbM) who have been threatened and attacked and several killed. Three of its activists, Nokuthula Mabaso, Ayanda Ngila and Lindokuhle Mnguni, were killed in a span of six months in 2022. They are only three out of the 25 members whom AbM has counted as having been killed since its formation in 2005.
What most of these people have in common, besides being human rights defenders, is that the state failed to protect them, and there has been very little to no justice for their murders. Of the people I have mentioned there has only been a conviction for the murder of Ayanda Ngila.
Amnesty International South Africa earlier in August launched a report into the attacks, harassment and killings of AbM members. The report has highlighted the failures of the state, most notably the South African Police Service (SAPS). Yet to this day we have had no response from the SAPS, Minister of Police Senzo Mchunu, or the Presidency, all of whom were among those cited in the report.
The state has the ultimate responsibility to protect human rights defenders, and to prevent and effectively address allegations of violations committed against them. This requires reacting swiftly and effectively to threats, harassment and attacks, as well as proactively creating a safe and enabling environment in which they are able to carry out their vital work safely and without fear of reprisals.
This is why the country needs legislation specifically for the protection of human rights defenders.
Some may argue that human rights defenders are protected through current legislation, which is meant to ensure the protection of everyone living in South Africa, and the very limited legislation we have to protect whistleblowers, despite that not being sufficient for whistleblower protection. But there is a difference.
International human rights law and standards establish and protect the right to defend human rights as an autonomous and independent right. In particular the Declaration on Human Rights Defenders recognises the right of individuals to promote and strive for the protection of human rights, individually and in association with others.
Given the increased vulnerabilities of human rights defenders, as Amnesty International we believe separate legislation is needed to provide additional protection mechanisms.
We need President Cyril Ramaphosa and the government he leads to take the plight of human rights defenders seriously. We have written to the President in the past to express our concerns about the protection of human rights defenders and urge him to take action to ensure their protection.
The first and most immediate action that can be taken towards this is to publicly support the important role of human rights defenders and condemn the threats, attacks and killings against them. When governments publicly support the role of human rights defenders and recognise the importance of their work, it contributes to significantly lowering the risks that they face and creating an enabling environment for their work.
International Human Rights Defenders Day on 9 December offers the perfect opportunity for the president and his government to take this positive step.
This op-ed was first published on Daily Maverick on 8 December 2024.
