10 March 2006
The slogan "Unity in Diversity" eloquently captures the challenge of being
South African. Underpinning the Bill of Rights is a deep commitment to
equality, while at the same time and not in contradiction to the equality
guarantee, is a recognition of cultural, linguistic and religious
communities.
In the work that the Human Rights Commission has done, these rights do
indeed come into conflict from time to time. Associations sometimes adopt
exclusionary policies to protect and preserve their interests and rights. The
effect of such exclusion may, however, impact adversely on the right to
equality and dignity of those excluded from admission. Clearly the need for
guidelines to navigate these conflicts becomes important if we are to avoid
them turning into sites of conflict.
The Human Rights Commission accordingly undertook a public inquiry into the
matter. Written submissions were received from various organisations,
particularly faith-based groups. Public hearings held over three days allowed a
proper ventilation of the issues, concerns and suggestions.
A comprehensive report was prepared. The Commission is aware that some
Voluntary Associations (VAs) will use constitutionally permissible reasons to
justify illegitimate and impermissible grounds of exclusion. The Commission has
in the past and will continue to use the Promotion of Equality and Prohibition
Against Unfair Discrimination Act 2000 against these impermissible practices.
However, this report deals with a genuine assertion of legitimate associational
rights and the extent to which these can be balanced against the rights of
individuals to gain access to voluntary associations. The Commission suggested
principles and guidelines that would enable assessments to be made as to
whether the exclusionary policies are adequately tailored to serving the
legitimate interests of the Voluntary Association without unreasonably and
unjustifiably infringing the rights of applicants who are excluded. Given the
underlying constitutional value of inclusivity, we suggest that VAs reflect on
these guidelines and determine whether their practices satisfy the criteria
suggested. As many exclusionary policies and practices were adopted in the
pre-constitutional era, it would be opportune for VAs to undertake this process
of reflect in order to prevent future conflicts and disputes.
As we are at a stage in which the country is debating critical matters, such
as religious tolerance, we trust that the report will contribute to a better
understanding of how we celebrate our diversity, while recognising that we live
in a society which is pinned together by common values and a common commitment
to advance those values - Equality, Human Dignity and Human Rights.
The Report of the Inquiry was released on Thursday, 9 March 2006, at 10am at
the offices of the SAHRC in Johannesburg.
For more information and enquiries please contact:
Professor Karthy Govender
Tel: (031) 304 7323/4/5
Lorraine Molepo
SA Human Rights Commission
Tel: (011) 484 8300 ext 2245
Fax: (011) 643 6472
Issued by: South African Human Rights Commission
10 March 2006
