Torture Bill to be reviewed amid Lonmin mine workers’ allegations
Tuesday 4 September 2012 19:11
The Human Rights Committee will review the Prevention and Combatting of Torture of Persons Bill (SABC)
The Human Rights Committee says allegations of torture in police custody on Lonmin miners prove the urgency of proper legislation on this issue.
The Prevention and Combatting of Torture of Persons Bill is currently in process. Submissions on the Bill were made in the public hearings of the Portfolio Committee on Justice and Constitutional Development, today.
“It was the torture of Steve Biko that gave the impetus for the drafting of the convention against torture as South Africa’s most famous torture victim’s brutal death had sent shock-waves around the world,” says Lesireka Letsebe of Lawyers for Human Rights.
In recent weeks, miners arrested during the Marikana shootings alleged that they were being tortured by police officers in the holding cells. This signals that the issue of torture in custody that occurred 35 years ago has not gone away.
Torture has always been a crime
Today, the Human Right’s Commission expressed its horror to Parliament. South Africa currently has no law aimed specifically at combatting torture, even though the country is a signatory to this United Nations convention.
One submission suggested that the Bill be implemented retrospectively to the date of signature in December, 1998.
“We are not creating a new crime. Torture has always been a crime. Members of the public are still shocked that torture is not a crime,” says Kathleen Hardy from the University of the Witwatersrand’s Center for Applied Legal Studies.
Another presentation asked for police to be held liable when victims of continuous domestic abuse are not protected properly. MPs will now deliberate on submissions and how they can be incorporated into the legislation.
NUM supports talks around the R12 500 wage demand
Tuesday 4 September 2012 16:21
The National Union of Mineworkers (NUM) supports the miner’s R12500 wage request(SABC)
The National Union of Mineworkers (NUM) says it will support talks around platinum miners’ demands for a R12 500.
The demand is at the centre of a four-week-old illegal and violent strike by platinum mine workers at Lonmin’s Marikana, in the North Westprovince, that culminated in the death of 34 of their colleagues.
“We do not have any objections and we cannot say it is too much. If workers say this is what will satisfy us, so be it. The issue is for Lonmin mine management to decide,” says NUM General Secretary, Frans Baleni.
“We cannot say it is too much, it is up to mine to say whether they can afford such a demand.”
NUM President, Senzeni Zokwana, recently undertook a mission to Canada to study the salary grading of mineworkers.
“Following this study, I can say that the amount that rock drillers are earning is far less than the extremes they are exposed to. It has been companies that have refused to entertain workers’ demands. If this demand can be looked at, NUM will consider it,” says Zokwana.
Peace talks have not deadlocked: Lonmin
Tuesday 4 September 2012 05:48
Lonmin mine workers have embarked on a crippling wage strike. (SABC)
Management at the Lonmin mine in Marikana have denied reports that there is a stalemate in its peace negotiations with stakeholders. The talks have been postponed to today.
The department of labour and the CCMA have failed to convince the majority of miners to go back to work. Only 4% of the 28 000 strong force have reported for duty. The strikers say they want their wage issues to be addressed first.
Yesterday, trade union AMCU did not attend the latest round of talks, saying it had been sidelined. The union walked out of the negotiations at the Rustenburg Civic Centre on two occasions last week. Mine management says not all strikers are employed by the mine and it wants this to be investigated.
Meanwhile, the case against the arrested Marikana mineworkers has been postponed to February next year. The National Prosecuting Authority provisionally withdrew murder and attempted murder charges against them. 162 of the 270 miners were released yesterday after spending three weeks in various holding cells.
They were arrested when police shot and killed 34 of their colleagues. Their relatives celebrated their arrival with a cleansing ceremony.
The miners say they will remain steadfast in their demand for a R12 500 salary. The charges they are now facing include illegal possession of dangerous weapons, illegal possession of firearms and public violence. The remaining miners that are still in custody are expected to be released on Thursday.
The NPA meanwhile says murder charges could be re-instituted once investigations have been completed.
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,
Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.
- All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
- Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
- Everyone has the right to life, liberty and security of person.
- No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
- No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
- Everyone has the right to recognition everywhere as a person before the law.
- All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
- Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
- No one shall be subjected to arbitrary arrest, detention or exile.
- Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
- (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
- (2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
- No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
- (1) Everyone has the right to freedom of movement and residence within the borders of each state.
- (2) Everyone has the right to leave any country, including his own, and to return to his country.
- (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
- (2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
- (1) Everyone has the right to a nationality.
- (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
- (1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
- (2) Marriage shall be entered into only with the free and full consent of the intending spouses.
- (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
- (1) Everyone has the right to own property alone as well as in association with others.
- (2) No one shall be arbitrarily deprived of his property.
- Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
- Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
- (1) Everyone has the right to freedom of peaceful assembly and association.
- (2) No one may be compelled to belong to an association.
- (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
- (2) Everyone has the right of equal access to public service in his country.
- (3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
- Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
- (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
- (2) Everyone, without any discrimination, has the right to equal pay for equal work.
- (3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
- (4) Everyone has the right to form and to join trade unions for the protection of his interests.
- Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
- (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
- (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
- (1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
- (2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
- (3) Parents have a prior right to choose the kind of education that shall be given to their children.
- (1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
- (2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
- Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
- (1) Everyone has duties to the community in which alone the free and full development of his personality is possible.
- (2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
- (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
- Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.