Human rights in South Africa: The unfinished struggle

Human Rights Day honours the memory of the Sharpeville Massacre on March 21, 1960, and other pivotal moments in the fight for human rights, but just how good is South Africa’s human rights record?

South Africa has plenty to celebrate when it comes to our post-1994 human rights record – but, sadly, many of our freedoms remain dreams rather than reality.

This year, the country marks 31 years since the dismantling of apartheid, and Freedom Day on April 27 should be a moment of celebration. However, Amnesty International South Africa has emphasised that the fight for true human rights and dignity continues.

Despite the hard-won triumphs over apartheid, millions still face the daily reality of being denied fundamental rights. We look at the good and the bad of South Africa’s human rights record and remember significant massacres that remain a painful scar on the nation.

The good

Here are some human rights that are particularly noteworthy, especially when compared with other nations.

  • LGBTQ+ rights:

In 2006, South Africa became the first country in Africa and the fifth in the world to legalise same-sex marriage. The constitutional protections for LGBTQ+ individuals are among the strongest globally. Fewer than 40 countries have legalised same-sex unions while homosexuality is a crime in many countries.

  • Freedom of expression:

South Africa has a vibrant and relatively free press, and freedom of expression is strongly protected in the Constitution. This allows for open debate and criticism of the government, which is essential for a healthy democracy. South Africa was in 38th place on Reporters without Borders’ World Press Freedom Index in 2024. By comparison, Australia was ranked 39th and the US 55th.

  • The right to access information:

South Africa has legislation that promotes access to information held by the government. This allows for greater transparency and accountability.

  • The right to abortion:

South Africa has had legal abortion since 1996, with the Choice on Termination of Pregnancy Act 92 of 1996. This is a far more liberal stance than many countries in the world.

The bad

While South Africa has a renowned Bill of Rights, the practical enforcement of certain human rights remains a challenge. Here are some areas where enforcement is not universal:

  • The right to equality:

Despite strong legal protections, socioeconomic inequalities persist, often along racial and gender lines. This is seen in unequal access to quality education, employment opportunities and resources.

  • The right to housing:

Many South Africans, particularly those in informal settlements, lack access to adequate housing. The realisation of this right is hindered by factors like rapid urbanisation and limited resources.

  • The right to basic services:

Access to clean water, sanitation, and electricity is not consistently delivered across all areas, especially in rural and impoverished communities.

  • The right to freedom from violence:

South Africa faces high rates of violent crime, including gender-based violence. This impacts the sense of security and freedom from fear for many citizens.

Apartheid’s bloody legacy: A timeline of massacres

While Freedom Day commemorates the end of apartheid, the path to that freedom was paved with the blood of countless victims.

The following timeline serves as a reminder of the violence that underpinned the apartheid regime, detailing state-sanctioned massacres.

While the nation grapples with the practical implementation of some of the freedoms in its Bill of Rights, the South Africa of today is a far cry from the repressive, brutal state it was a few short decades ago, when these atrocities were committed:

  • 1960: Sharpeville Massacre (March 21)

Police open fire on unarmed protesters demonstrating against pass laws, killing 69 people and injuring many more. This event becomes a symbol of apartheid brutality and sparks international outrage.

  • 1976: Soweto Uprising (June 16)

Student protests against the imposition of Afrikaans as a medium of instruction in schools is met with violent police repression. A total of 575 people are killed and 2 380 people are injured. Among the dead is 12-year-old Hector Pieterson.

  • 1985: Langa Massacre (March 21)

On the 25th anniversary of the Sharpeville Massacre, police open fire on a funeral procession in Langa, Uitenhage, killing dozens.

  • 1985: Duncan Village Massacre (August)

Police fire on residents of Duncan Village in East London in the days after the funeral of murdered civil rights lawyer Victoria Mxenge. The number of deaths cannot be officially confirmed but is said to be around 27. Many others are later imprisoned or tortured.

  • 1988: Trust Feed Massacre (December 3)

Police and SANDF officers kill 11 residents, including a four-year-old boy, at a vigil in Trust Feed in the KZN midlands.

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Ruan de Ridder

A digital support specialist at Caxton Local Media, known for his contributions to the digital landscape. He has covered major stories, including the Moti kidnappings, and edits and curates news of national importance from over 50 Caxton Local News sites.
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