By: Belinda Matore

Historical Significance of 21 March

Every year on 21 March, South Africa commemorates Human Rights Day, a day that serves as both a tribute to the struggles of the past and a reminder of the ongoing quest for equality, justice, and dignity for all. This date is deeply rooted in the history of the Republic of South Africa, marking the anniversary of the Sharpeville Massacre of 1960 which was a pivotal moment in South Africa’s fight against apartheid.

Apartheid in South Africa was a system of institutionalised racial segregation and discrimination enforced by the government from 1948 to the early 1990s. Under apartheid, the white minority controlled political, economic, and social power, while non-white South Africans, primarily Black people, were oppressed and denied basic human rights. The system led to widespread inequality, forced removals, and violent repression, ultimately leading to global condemnation and the eventual dismantling of apartheid.

On 21 March 1960, thousands of black South Africans gathered in Sharpeville, a township located in the Gauteng province of South Africa (formerly Transvaal province), to protest against the oppressive pass laws, which restricted their movement and curtailed their freedoms. The protest was meant to be peaceful, but it ended in bloodshed when the apartheid police opened fire on the unarmed demonstrators, killing 69 people and injuring over 180 others. This tragic event drew international condemnation and intensified resistance against the apartheid regime. Amongst the protestors, there were children as young as 12 and 13 that were killed.

In the wake of Sharpeville, the apartheid government responded with further repression, banning liberation movements such as the African National Congress (ANC) and the Pan Africanist Congress (PAC). Yet, the massacre also fuelled the resolve of activists and the global anti-apartheid movement, ultimately contributing to the downfall of apartheid decades later.

The Birth of a Democratic South Africa

With the advent of democracy in 1994, South Africa adopted a progressive Constitution, which enshrined human rights at its core. The Bill of Rights, contained within the Constitution, guarantees freedoms that were once denied under apartheid. In recognition of the sacrifices made in the struggle for these rights, the democratic government declared 21 March as Human Rights Day, ensuring that future generations remember the cost of freedom.

South Africa’s post-apartheid Constitution, adopted in 1996, is often lauded as one of the most progressive and rights-based in the world. It serves as the cornerstone of the country’s democratic dispensation, reflecting a deep commitment to human dignity, equality, and freedom. The Constitution not only outlines the structure of the government and the rights of citizens but also serves as a framework for the protection and promotion of human rights in South Africa.

The Role of the Constitution in Transforming South Africa

The Constitution is more than a legal document; it represents the vision of a just and democratic society. Following the dismantling of apartheid, the new government recognised the importance of healing the divisions of the past and creating a society based on democratic values, social justice, and human rights.

The Bill of Rights is one of the most important features of the South African Constitution, guaranteeing fundamental rights and freedoms to all individuals while emphasising the protection of human dignity, equality, and freedom. These rights apply to all people in South Africa, regardless of nationality, race, or legal status. Key rights enshrined in the Bill of Rights include equality (Section 9), which affirms that every person is equal before the law and prohibits discrimination on various grounds such as race, gender, age, disability, and sexual orientation, reflecting South Africa’s commitment to undoing the effects of apartheid’s institutionalised discrimination. Dignity (Section 10) is another central feature, recognising that every person has inherent worth and should be treated with respect. Freedom of expression (Section 16) is also protected, allowing individuals to express ideas, opinions, and beliefs, subject to reasonable limitations, fostering a democratic society where debate and discussion can thrive. The Constitution guarantees the right to education (Section 29), critical for addressing the educational disparities left by apartheid, and ensures the right to access information(Section 32), particularly held by the state, which is essential for promoting transparency, accountability, and democratic participation.

Section 7(2) of the Constitution affirms that the state must respect, protect, promote, and fulfil the rights guaranteed in the Bill of Rights. This creates an obligation on the state not just to refrain from violating these rights but also to take proactive steps to ensure that all citizens enjoy them fully.

Protections Against Violations

In addition to protecting individual rights, the Constitution sets up robust mechanisms for challenging violations. It establishes an independent judiciary with the Constitutional Court as the highest court in matters concerning constitutional interpretation. The Constitutional Court has played a pivotal role in upholding rights and ensuring that laws and government actions align with the principles of justice and equality.

Another vital institution created by the Constitution is the Public Protector, an office tasked with investigating complaints of maladministration, abuse of power, and violations of rights, ensuring accountability within the state.

The South African Human Rights Commission (SAHRC) is also empowered by the Constitution to promote the protection and realisation of human rights, providing individuals with a platform to raise grievances about rights violations and ensuring that the state responds adequately.

Deepening a Culture of Social Justice and Human Rights

The theme for Human Rights Day 2025, "Deepening a Culture of Social Justice and Human Rights," encourages the protection of fundamental rights and the creation of an environment where justice and equality are integral to everyday life. While the Constitution provides a legal framework, there are disparities in the lived experiences of many South Africans.

A culture of social justice involves addressing systemic inequalities in economic opportunities, education, healthcare, and access to basic services. It also includes extending human rights protections into social, cultural, and economic aspects, creating an environment where every individual is respected and empowered.

This theme emphasizes collective responsibility. Upholding human rights is not solely the government's duty but requires participation from individuals, communities, businesses, and institutions. In workplaces, schools, or homes, everyone has a role in promoting respect, equality, and fairness.

The Relevance of Human Rights Day Today

Despite constitutional guarantees, challenges remain. Socio-economic inequalities, gender-based violence, racial discrimination, and xenophobia continue to threaten the full realisation of human rights in South Africa. Many communities still struggle with access to basic needs such as water, healthcare, and quality education, highlighting the gap between legal rights and lived realities.

We commemorate Human Rights Day to uphold the Bill of Rights in our Constitution. These rights include equality before the law, respect for human dignity, freedom of movement and residence, language and cultural rights, and the right to life, ensuring protection from unlawful deprivation. However, these rights must be actively implemented and protected in everyday life to foster a society where human dignity is not just a principle but a reality.

South Africa’s Commitment to Human Rights Conventions

South Africa has shown its commitment to human rights through its Constitution and by signing and ratifying various international and regional human rights instruments. These include the Universal Declaration of Human Rights (UDHR), which lays the foundation for human rights globally. Article 1 of the UDHR states, "All human beings are born free and equal in dignity and rights." The African Charter on Human and Peoples’ Rights (ACHPR), under Article 2, guarantees that every individual shall be entitled to the rights and freedoms recognised in the Charter without discrimination.

The International Covenant on Civil and Political Rights (ICCPR) affirms the right to life under Article 6, ensuring that no one shall be arbitrarily deprived of their life. Article 19 protects the right to freedom of expression, while Article 21 guarantees the right to peaceful assembly. The International Covenant on Economic, Social and Cultural Rights (ICESCR) affirms under Article 11 that everyone has the right to an adequate standard of living, including adequate food, clothing, and housing.

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), under Article 2, requires states to eliminate discrimination against women in all aspects of life. The Convention on the Rights of the Child (CRC) ensures the protection, survival, and development of children, with Article 28 guaranteeing the right to education. The Convention on the Rights of Persons with Disabilities (CRPD), under Article 9, mandates states to ensure accessibility for persons with disabilities, promoting full participation in society.

By signing and ratifying these conventions, South Africa acknowledges its responsibility to uphold and promote human rights both domestically and internationally. However, the implementation of these rights remains a continuous challenge, requiring ongoing efforts from both the government and civil society.

While South Africa has made significant strides since the days of apartheid, the journey towards a fully just and equitable society is ongoing. Human Rights Day is not just about remembering the past; it is about shaping the future. As citizens, we have a responsibility to uphold human rights in our daily lives, challenge injustices, and work towards a society where every person’s dignity is respected.

Conclusion

As we commemorate this year’s Human Rights day, let us ask ourselves what more we can do to advance human rights in our communities and  how we can ensure that the freedoms fought for are truly experienced by all South Africans. The answers to these questions lie in our collective efforts to build a more inclusive and just nation. Whilst 21 March is a solemn memory, it is an empowering reminder of the country’s painful history and its ongoing journey toward justice. It is a day to honour the resilience of those who fought against oppression and to recommit ourselves to the ideals of democracy, equality, and human dignity. In remembering the past, we must also strive to build a future where human rights are not just words on paper but a lived reality for every South African.