The recent murders of human rights defenders in South Africa further highlights the urgent need for specific legislation to protect those advocating for human rights, Amnesty International South Africa stated ahead of national Human Rights Day.
“The murders of Imam Muhsin Hendricks, an LGBTI activist, Pamela Mabini, a dedicated gender activist, and Dr Gomolemo Mokae, a medical doctor and activist, is another tragic loss of human rights defenders,” Amnesty International South Africa Executive Director Shenilla Mohamed said.
“No individual should ever be subjected to harm or death for standing up for their basic rights. In a society that values justice and equality, the protection of those who advocate for human rights should be paramount. While the exact motives for the killings on Imam Hendricks, Ms Mabini and Dr Mokae are not yet known, it is important that these murders are met with a prompt and thorough investigation that identifies this and considers their human rights work as a possible motive, holds the perpetrators accountable and leads to justice.”
Amnesty International South Africa has been calling on President Cyril Ramaphosa and the government he leads to publicly call for the protection of human rights defenders. While the president has acknowledged their deaths and called for justice, it is important that Ramaphosa and the government proactively advocate for the protection of human rights defenders.
Importantly,the government must realise that the protection for human rights defenders is broader than the protection for whistleblowers, who are a subgroup of human rights defenders.
“We welcome the announcement that the Whistleblower Protections Bill will be introduced in Parliament this financial year. However, this alone does not ensure protection for all human rights defenders. While whistleblowers are human rights defenders, many others in this category would not fall under whistleblower protections,” said Shenilla Mohamed.
“Human rights defenders can be journalists, lawyers, healthcare professionals, teachers, trade unionists, victims or relatives of victims of human rights violations and abuses, or members of human rights organisations. They are normal members of the public, who stand up for their and/or their community’s human rights, no matter what they may be.”
This is why President Ramaphosa and the government he leads needs to acknowledge human rights defenders in addition to whistleblowers.
The ultimate duty to protect them lies with the state. The South African government needs to develop and adopt domestic legislation for the protection of human rights defenders in the country, to ensure that systems are put in place to deal with the specific challenges faced by human rights defenders.
States, including South Africa, have an obligation under international law to support and protect human rights defenders, protect the right to life, and to ensure access to justice when rights have been violated. The South African government has also accepted recommendations to ensure the protection of human rights defenders, including through legislation, during the fourth cycle of its Universal Periodic Review.
South Africa has an opportunity to be a leader in the international community and in the region in the advancement of protections for human rights defenders.
“South Africa has a long history of human rights defenders who risked their lives to ensure that everyone in the country has access to basic rights. We must not allow their legacy to be undermined by inaction in protecting human rights defenders today,” said Shenilla Mohamed.
Background
Human Rights Day in South Africa commemorates 21 March 1960, known as the Sharpeville Massacre. On that day, 69 people were killed and 180 were wounded when police fired on a peaceful crowd that had gathered in protest against the pass laws, which required that black people had to carry documents which would allow them access to otherwise restricted areas.
Amnesty International South Africa will be participating in this year’s Human Rights Festival at ConHill from 21 March - 23 March 2025. On Friday 21 March, we will be hosting an intergenerational panel discussion at 14:00 on the importance of human rights defenders, you can find more information here.
Amnesty International South Africa's short film Silencing the Defenders, which highlights the struggles of Abahlali baseMjondolo, South Africa’s shack dwellers' movement, will be screened at 13:15 as part of the Human Rights Festival film festival. The film sheds light on the severe dangers faced by members of the movement, ranging from threats to killings, as they continue their fight for land, housing, and dignity. Find more information here.
Amnesty International South Africa has been campaigning for the protection of human rights defenders and calling for the development of human rights defender legislation.
Stand with the brave and call for the development of human rights defender legislation here.
For more information or to request an interview, please contact:
Genevieve Quintal, Media and Communications Officer, Amnesty International South Africa: +27 (0)64 890 9224; genevieve.quintal@amnesty.org.za