South Africa Veronica Rosiejka, - PowerPoint Presentation

Slide1

South Africa

Veronica Rosiejka,

Chisato

Matsuoka,

Elena

Norkina

, Trine Riis-HansenSlide2

Background of South Africa

11 official languages and at least 8 other unofficial languages5 ethnic groups: Black (80.2%), Coloured (8.8%), Indian/Asian (2.5%), White (8.4%), Other (0.5%)

Several ethnic sub-groups of the Black group: Zulu, Xhosa, Basotho,

Bapedi

, Venda, Tswana, Tsonga,

Swasi

, Ndebele, plus moreSlide3

Apartheid 1948-1994Racial segregation since colonial times, but the official system of Apartheid lasted from 1948 to 1994

Apartheid- legislated political and social system of racial segregation that severely suppressed the rights of Blacks and others, and promoted WhitesBantustans set up for Blacks to 1) keep them out of cities and 2) deny protection and rightsSlide4

Question 1

Which human rights standards and mechanisms are the most relevant to be applied in such cases of peace-building?Elena NorkinaSlide5

IHRL Standards in International Legal Instruments

The future for the diverse community of South Africa should be build on these instruments:Universal Declaration of Human Rights (UDHR) (1948)

UN Minorities Declaration (1992)

International Convention on the Elimination of All Forms of Racial Discrimination (CERD) (1966)

International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (1979)

Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) (1984)

Convention on the Rights of the Child (CRC) (1984)

International Covenant on Economic, Social and Cultural Rights (ICESCR) (1966)

Plus others…Slide6

New LegislationNew legislation should be based on democratic values, social justice, and human rights with a focus on the existence of the rights of peoples

Two most basic principles as foundation:Non-Discrimination

Equality

All human beings are born free and equal in dignity and rights Slide7

Specific Human Rights to Provide for

The right to self-determinationThe right to freedom of movement and residence within South AfricaEthical and legal conductEquality in the exercise of rights and freedoms

Economic and social rights

Cultural minority rights

Special protection to cultural minoritiesSlide8

MechanismsMinority participation in public affairs is essential

Mechanisms are required to ensure group diversity is reflected in public institutions, and the minorities are represented and have a voiceMechanisms for effective participationSlide9

National Mechanisms for Minority Participation

Effective participation involves dialogue between minorities and government officialsForum on Minority Issues- provides thematic contributions and expertise. Analyzes best practices, challenges, opportunities, and initiativesSlide10

Question 2

Which constitutional and territorial principles would you propose so that the interests and rights of the contending groups and minorities will be protected in the post-conflict system?Veronica RosiejkaSlide11
Slide12

What was South Africa Pre-1994?

Apartheid- Singular Unitary State (ethnocracy)Bantustans- Separate Territories (ethnic homelands)Slide13

What is South Africa Now?

Democracy where everyone is treated the same (in theory), no matter group membershipCentral government that delegates powers to provincesPopulation still extremely bitter about Apartheid, many say no changeSlide14

Constitutional Principles Overview

Singularism- the State promotes and embodies the identity of one particular group. This often leads to the suppression of other groups and to discriminationPluralism- the national community is made of sub-groups, to which no preference is given. Not all groups are necessarily included

Universalism- group identity is irrelevant and everyone is considered equalSlide15

Evaluating Constitutional Principles: My Choice

Singularism = NOUniversalism = NOPluralism = YESSlide16

Evaluating Territorial Principles

Unitary State- the State is collected under one central government with all of the powerNon-Unitary State- the State is a union of partially self-governing states that fall under a central governmentSeparate territories- the State includes ethnic homelands or separate statesSlide17

Evaluating Territorial Principle: My Choice

Unitary State- YESNon-Unitary State- MAYBESeparate territories- NOSlide18

Resulting Suggested StructureSlide19

Question 3

Which elements of institutional power-sharing would you propose in this case?Chisato MatsuokaSlide20

Power-Sharing ModelPower-sharing/

consociationalism- division of political powers among different groups to maintain stabilityImprovement of democracy, protection of minority rights, and management of conflictsSlide21

Four PrinciplesGrand coalition- the political leaders of all significant groups of the plural society cooperate in governing the country

Mutual veto- consensus among the groups is necessary to confirm the majority ruleProportionality- proportional representation from each group

Segmental autonomy- minority autonomy over their own territory, community, and issuesSlide22

Obstacles in Post-Apartheid South Africa

Dominance of a single culture within all spheres of societyApartheid had a colonizing effect on societyAll societal institutions, whether economic, legal, political, or social, had to display the characteristics, interests, and desires of the communal and national will

Huge cleavage among different groups

With long segregation policy, there are huge gaps among different groupsSlide23

Solutions to These Obstacles

Dominance of a single culture within all spheres of society  Promotion of diversityHuge cleavage among different groups

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Unification of different groups into state identitySlide24

Necessary elements of Power-Sharing in South Africa

Promotion of diversityMutual veto- protect minority interest by involving them in decision-making for their own issues and interestProportionality- ensures all groups participates in politics. It will correct imbalances that were created by minority rule

Segmental autonomy- creates their own space to maintain their own culture and society

Unification of different groups into state identity

Grand coalition- associates different groups into the same political community. Creates a sense of solidaritySlide25

Question 4

Which challenges and dilemmas would you expect to encounter in the implementation of the proposed arrangements?

Trine Riis-HansenSlide26

Challenges for Power-Sharing in South Africa

Time vs. building of trustNo real participation and inclusionGroups giving up power have distrust in the outcome“Power-swap”- dynamics of transition and boundaries

Lack of representation and legitimacy

Dynamic identities- individual vs. collective identities?

Migration- a sensitive issue for power-sharing