INDIVIDUAL COMPLAINT OF SOLIDARITY TRADE UNION (SOUTH AFRICA) TO THE COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION TO THE: UNITED NATIONS COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION CONCERNING: EARLY WARNING PROCEDURE: SOUTH AFRICAN GOVERNMENT’S CONTRAVENTION OF ARTICLE 2 READ WITH ARTICLES 4, 5 AND 6 OF THE COVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION BROUGHT ITO: ARTICLE 14 OF THE CONVENTION MAY 2017
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INDIVIDUAL COMPLAINT OF SOLIDARITY TRADE UNION (SOUTH AFRICA) TO THE
COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION
TO THE: UNITED NATIONS COMMITTEE ON THE ELIMINATION OF
RACIAL DISCRIMINATION
CONCERNING: EARLY WARNING PROCEDURE: SOUTH AFRICAN
GOVERNMENT’S CONTRAVENTION OF ARTICLE 2 READ WITH
ARTICLES 4, 5 AND 6 OF THE COVENTION ON THE
ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION
BROUGHT ITO: ARTICLE 14 OF THE CONVENTION
MAY 2017
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Information about Solidarity 1
An Early Warning 1
Articles Violated 3
Facts Warranting an Early Warning 5
Extreme Political Groups 5
Grave Statements by Elected Officials 8
Diversionary Tactics 11
Media Bias 12
A History of Violence 15
Reaction of the South African Human Rights Commission 16
Required Relief 17
Bibliography 19
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Information About Solidarity
Solidarity is the oldest Trade Union in South Africa. It represents approximately
170 000 members. Over the years Solidarity has launched, and joined, several
human rights disputes, ranging from the right to equality, language disputes,
religious disputes and the like.
Solidarity is an organisation that aims to ensure that the rule of law is upheld,
human rights are respected and that Government is held accountable to the
Constitution and International Conventions.
In submitting this early warning, Solidarity acts;
- in its own interest as a non-government organisation with standing;
- in the interest of its members who reside within the Republic of South
Africa;
Who have suffered actual or potential prejudice in consequence of the South
African Governments’ failure to, without bias, investigate, prosecute and or
discipline State officials and politicians who have made discriminatory
statements and racist hate speech in contravention of Article 4 read with
Article 5 of the Convention.
Solidarity has further received the support of 405 000 South Africans to submit
this complaint.
An Early Warning
South Africa had its first democratic election in 1994 and Nelson Mandela
became a symbol of reconciliation. However, over the last few years there has
been a rapid escalation of hate speech by extremist organizations and
elected and appointed officials, against foreigners and those classified as
white.
Notwithstanding the fact that complaints have been lodged, at the
appropriate institutions, the high-ranking officials who have committed these
acts have in most cases not been punished, reprimanded or disciplined.
As will be noted from the factual analysis below, and the report attached
hereto, the State and State Institutions such as the South African Human Rights
Commission have been quick to condemn, investigate and prosecute ordinary
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citizens who make themselves guilty of discriminatory statements and or racist
hate speech, albeit in a racially biased manner, however politicians and high
ranking state officials have been left unscathed.
The prohibition on hate speech and discriminatory statements has been
applied horizontally between citizens, but not vertically between state officials
and citizens.
Solidarity submits that:
1) There is a presence of a significant and persistent pattern of racial
discrimination in South Africa;
2) There is a presence of a pattern of escalating racial hatred and
violence, racist propaganda and appeals to racial intolerance by
persons, groups or organizations, which are notably committed by
elected or other State officials;
3) A practice of impunity regarding:
a. Grave statements by political leaders/prominent people that
condone or justify violence against a group identified on the
ground of race, colour, descent, national or ethnic origin;
b. Development and organization of militia groups and/or
extreme political groups based on a racist platform
In the Committee’s concluding observations on the fourth to eighth periodic
reports of South Africa, it has already expressed its concerns at the rise of hate
crimes and hate speech in the State party including physical attacks against
certain ethnic groups and non-citizens, discriminatory statements by State
officials and politicians, and the increase in the use of media and the internet
to propagate racist hate speech. 1
In its concluding remarks the Committee made, amongst others, the following
recommendations:
The Committee further recommends that the State party ensure all
incidents of hate crimes and hate speech are investigated and
prosecuted and that the perpetrators are punished, regardless of their
official status. The Committee calls on the State party to conduct
educational campaigns to address the root causes of prejudices and
promote tolerance and respect for diversity, with a focus on the role and
responsibilities of journalists and public officials in that regard.
1 Paragraphs 12 and 13 of the concluding observations
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Articles Violated
Solidarity submits that the South African Government has violated and failed
to comply with its obligations in terms of Article 2(1)(a)(b) and (c) of the
Convention read with Article 4, Article 5(a) and (b) as well as Article 6. The
aforementioned Articles provides as follows:
Article 2
1. States Parties condemn racial discrimination and undertake to pursue
by all appropriate means and without delay a policy of eliminating
racial discrimination in all its forms and promoting understanding among
all races, and, to this end:
(a) Each State Party undertakes to engage in no act or practice of racial
discrimination against persons, groups of persons or institutions and to
ensure that all public authorities and public institutions, national and
local, shall act in conformity with this obligation;
(b) Each State Party undertakes not to sponsor, defend or support racial
discrimination by any persons or organizations;
d) Each State Party shall prohibit and bring to an end, by all appropriate
means, including legislation as required by circumstances, racial
discrimination by any persons, group or organization;
Article 4
States Parties condemn all propaganda and all organizations which are based
on ideas or theories of superiority of one race or group of persons of one colour
or ethnic origin, or which attempt to justify or promote racial hatred and
discrimination in any form, and undertake to adopt immediate and positive
measures designed to eradicate all incitement to, or acts of, such
discrimination and, to this end, with due regard to the principles embodied in
the Universal Declaration of Human Rights and the rights expressly set forth in
article 5 of this Convention, inter alia:
(a) Shall declare an offence punishable by law all dissemination of ideas
based on racial superiority or hatred, incitement to racial discrimination,
as well as all acts of violence or incitement to such acts against any race
or group of persons of another colour or ethnic origin, and also the
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provision of any assistance to racist activities, including the financing
thereof;
(b) Shall declare illegal and prohibit organizations, and also organized and
all other propaganda activities, which promote and incite racial
discrimination, and shall recognize participation in such organizations or
activities as an offence punishable by law;
(c) Shall not permit public authorities or public institutions, national or local,
to promote or incite racial discrimination.
Article 5
In compliance with the fundamental obligations laid down in article 2 of this
Convention, States Parties undertake to prohibit and to eliminate racial
discrimination in all its forms and to guarantee the right of everyone, without
distinction as to race, colour, or national or ethnic origin, to equality before the
law, notably in the enjoyment of the following rights:
(a) The right to equal treatment before the tribunals and all other organs
administering justice;
(b) The right to security of person and protection by the State against
violence or bodily harm, whether inflicted by government officials or by
any individual group or institution;
Article 6
States Parties shall assure to everyone within their jurisdiction effective
protection and remedies, through the competent national tribunals and other
State institutions, against any acts of racial discrimination which violate his
human rights and fundamental freedoms contrary to this Convention, as well
as the right to seek from such tribunals just and adequate reparation or
satisfaction for any damage suffered as a result of such discrimination.
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Facts Warranting an Early Warning
“We should be aware that hatred is not a natural and spontaneous
sentiment— it is usually the outcome of propaganda and incitement to hatred,
hostility and violence carried out at several levels, including social, political and
media.”
Navi Pillay, United Nations High Commissioner for Human Rights2
Policies or practice of impunity regarding development and organization of
extreme political groups based on a racist platform
#FeesMustFall and Black First Land First
The student movement #FeesMustFall was formed in October 2015. They
originally called for a freeze on the increase in tertiary tuition fees. Over time
their demands shifted to free tertiary education for all students. While this goal
has noble features, the methods used by the organization have been violent
and racist.
Between October 2015 and November 2016, campuses across South Africa
were closed down for weeks at time. Poor students withstood the worst of the
shut downs since they were deprived of access to libraries and computer
centres. Minimal access to other educational resources left them particularly
vulnerable.
UCT fallist leader Masixole Mlandu stated:
It must be known that we are prepared to push the boundaries of power,
for us there is no turning back beside death. We will usher into this country
2 United Nations Human Rights Office of the High Commissioner, Xenophobia Factsheet, 2013.
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an attitude of black rage, black liberation, an attitude that threatened
the foundation of whiteness. We are clear South Africa by the end of this
year will have to confess to its sins.3
Slovo Magida, a UCT student protestor was seen wearing a shirt with the words
“Kill All Whites”.4 After Wits student leader Mcebo Dlamini was arrested for
inciting violence on campus, protestors graffitied the words “Fuck the Jews”
and “Kill a Jew” onto a university building.5 Dlamini had previously stated:
“What I love about Hitler is his charisma and his capabilities to organise people.
We need more leaders of such calibre. I love Adolf Hitler”.6 The anti-Semitic
graffiti may have been linked to this statement.
Nationwide shutdowns of Universities were accompanied by buildings being
attacked and destroyed. The University of North West Administration and
Science buildings were burned.7 The University of Johannesburg main
auditorium was torched, at a loss of R100 Million ($7.5 Million).8 Books were
burned at libraries at the University of Kwa Zulu Natal9 and the University of the
Witwatersrand.10 Artworks were burned at UCT.11
These acts of arson were performed against a backdrop of overtly racist
speech from leaders in the fees must fall movement.
I believe all white people are structurally racist… I don't believe white
South Africans are Africans. They remain settlers as long as they have not
returned land to black people. I say white people should leave with what
they came on ships with.35
A History of Violence
In May 2008, South Africa was plagued by an outbreak of xenophobic
violence. Sixty-two people lost their lives because of escalating hatred, which
was left unchecked.36 A Mozambiquen man named Ernesto Nhamuave made
international headlines after he was beaten, stabbed and ultimately burned
alive.37
The Human Sciences Research Council produced a report on the attacks.
The following quote is from a respondent who was interviewed:
We were against these people from the onset that’s when terms like
“makwerekwere” (derogatory term for foreigners) came about, we were
against them in a light manner but now people are getting angry that is
why they beat them up, their numbers are growing and some have babies
this side it’s as if this is their hometown; this violence happened because
people are getting angry, this thing has always been there but it wasn’t as
strong as it is now. We never said we are happy to live with them but it was
a light thing so people resorted to violence because of the realisation that
the situation is getting serious.
The rhetoric used against white people mirrors much of the hatred that was
expressed against foreigners. It is vital that action is taken before the onset of
further tragedy.
35 http://foreignpolicy.com/2017/01/16/the-last-white-africans/ 36 L.B. Landau (ed), Exorcising the Demons Within: Xenophobia, Violence and Statecraft in
Contemporary South Africa, 2011 37 http://www.dailymail.co.uk/news/article-1024858/The-tale-flaming-man-picture-woke-