The impact of the United Nations human rights treaties on the domestic level in South Africa

Abstract

South Africa has an ancient, rich and diverse history marred by flagrant human rights abuses, particularly during the colonisation and apartheid eras. Since democracy, milestones have been achieved in the progressive realisation of human rights for all South Africans, but much progress is still required. South Africa was home to some of the oldest known ancestors of modern human beings, and later became inhabited by diverse indigenous communities. 1 South Africa’s colonial history began with the establishment of a Dutch settlement in the seventeenth century. British colonisation followed in the nineteenth century. Dutch and British colonial powers governed South Africa in whole or in part from 1652 to 1910. The Anglo- Boer War (1899– 1902) led to the creation in 1910 of the Union of South Africa as a dominion state within the British empire, when the boundaries of present- day South Africa came into being. However, the majority black population was neither consulted about the formation of the Union nor did the colonial authorities heed the protests against increasing racial exclusion and other violations of human rights.2 In 1948 the National Party came to power, and the government elevated de facto racial segregation into a formal framework of social engineering that came to be known as ‘apartheid’. South Africa became a Republic in 1961 and left the British Commonwealth. Under apartheid South Africans were segregated on the basis of race. Black, Indian and ‘Coloured’ persons were systematically discriminated against, oppressed and denied basic human rights. Internal resistance to apartheid, including the Sharpeville massacre in 1960 and the Soweto riots in 1976, was met by violent and repressive measures enforced by the state security. South Africa was increasingly condemned and isolated by the international community, including through United Nations (UN)- authorised economic sanctions.