Minority protection in post-apartheid South Africa : human rights, minority rights, and self-determination / Kristin Henrard.

Format:

Book

Author/Creator:

Henrard, Kristin.

Series:

Perspectives on the twentieth century.

Perspectives on the twentieth century, 1538-9626

Language:

English

Subjects (All):

Minorities--Legal status, laws, etc--South Africa.

Minorities.

Self-determination, National--South Africa.

Self-determination, National.

Post-apartheid era--South Africa.

Post-apartheid era.

Physical Description:

1 online resource (328 p.)

Edition:

1st ed.

Distribution:

London : Bloomsbury Publishing, 2024

Place of Publication:

Westport, Conn. : Praeger, 2002.

Language Note:

English

Summary:

Accommodation of population diversity is a vital issue for any multinational society. The legacy of Apartheid in South Africa complicates this effort considerably. Henrard introduces a theoretical framework regarding how to accommodate minority protection in the most appropriate way and analyzes the respective contributions of individual rights, minority rights, and the right to self-determination. Subsequent chapters examine the case study of post-apartheid South Africa and attempt to investigate its constitutional development. Henrard finds that provisions within the 1996 Constitution do acknowledge an interrelation between these three important factors; however, implementation of minority protection policy is often quite a different matter. In seeking appropriate means of minority protection, this study stresses inclusionism, integration, and the essential right to identity and real equality. While Henrard reviews and discusses the entire democratic transformation process in South Africa, she cautions that, because current developments are characterized by their unsettled nature, major transformation and flux, analysis of the implementation phase can be only indicative. The apartheid history does not in itself inhibit progressive stances on this important issue. Still, despite the promising nature of the 1996 Constitution, the picture that emerges in terms of policy development aimed at minority protection is ambivalent.

Contents:

Cover

MINORITY PROTECTION IN POST-APARTHEID SOUTH AFRICA

Contents

Series Foreword

NOTES

Preface

Abbreviations

Introduction

NOTE

1 Theoretical Framework

INTRODUCTION

CONCISE OVERVIEW OF THE HISTORICAL DEVELOPMENTS REGARDING MINORITY PROTECTION

THE TWO PILLARS OR BASIC PRINCIPLES OF A FULL-BLOWN SYSTEM OF MINORITY PROTECTION AND THE PRINCIPLE OF SUBSTANTIVE EQUALITY

THE RIGHT TO IDENTITY OF MINORITIES AND THE PRINCIPLE OF SUBSTANTIVE EQUALITY AS GOAL AND LIMITATION OF MINORITY PROTECTION MEASURES

DEFINITION OF THE CONCEPT, "MINORITY"

THE CONTRIBUTION OF INDIVIDUAL HUMAN RIGHTS TO MINORITY PROTECTION

Theoretical Considerations

The Human Rights Standards of the European Convention on Human Rights and the Concomitant Jurisprudence

THE CONTRIBUTION OF THE CURRENT MINORITY RIGHTS STANDARDS TO MINORITY PROTECTION

Article 27 ICCPR

The UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious, and Linguistic Minorities

Other International Instruments Dealing with Rights of Special Relevance for Minorities

European Documents on Minority Rights

Conclusion Regarding the Contribution of Current Minority Rights to Minority Protection

Theoretical Framework of Minority Rights: Special Minority Rights and Group Rights

Conclusion

THE RIGHT TO SELF-DETERMINATION AND AN ADEQUATE SYSTEM OF MINORITY PROTECTION

CONCLUSION: THE INTERRELATION BETWEEN INDIVIDUAL HUMAN RIGHTS, MINORITY RIGHTS, AND THE RIGHT TO SELF-DETERMINATION FOR AN ADEQUATE MINORITY PROTECTION

2 Relevant Background Information on South Africa

JUSTIFICATION OF THE CHOICE OF SOUTH AFRICA AS A CASE STUDY

MINORITIES IN SOUTH AFRICA?

Relevant Demographic Information on South Africa and Indications about Racial and Ethnic Identification

APARTHEID STRATEGIES OF SPECIAL RELEVANCE.

Introduction

Apartheid: Divide and Rule on the Basis of Ascribed Group Classification

Grand Apartheid88 and Separate Development of the Ethnic Population Groups in the Name of Self-Determination

Language and Tensions among Linguistic Groups in South Africa

Religion: Its Prevalence and Diversified Nature in South Africa

Education in Apartheid South Africa: Racial Segregation and Quality Differentiation

Customary Law and Traditional Leadership Before the Constitutional Negotiation Process

Reaction against Apartheid and the Beginning of the Negotiation and Transformation Process

3 South Africa's 1993 or Interim Constitution: Constitutional Negotiations and Brief Analysis in Terms of Minority Protection

INTRODUCTION TO THE OVERALL CONSTITUTIONAL NEGOTIATIONS PROCESS

SOME PRELIMINARY REMARKS REGARDING THE CONSTITUTIONAL NEGOTIATION PROCESS LEADING UP TO THE INTERIM CONSTITUTION

EQUALITY IN TERMS OF THE INTERIM CONSTITUTION

LANGUAGE AND EDUCATION IN TERMS OF THE INTERIM CONSTITUTION

MINORITY PROTECTION ISSUES UNDER THE INTERIM CONSTITUTION

THE FORM OF STATE AND RELATED ISSUES OF POWER SHARING IN TERMS OF THE INTERIM CONSTITUTION

THE INTERIM CONSTITUTION REGARDING CUSTOMARY LAW AND RELIGIOUSLY INSPIRED SYSTEMS OF PERSONAL LAW VERSUS THE EQUALITY PRINCIPLE

THE INSTITUTION OF TRADITIONAL LEADERSHIP IN TERMS OF THE INTERIM CONSTITUTION

THE RIGHT TO SELF-DETERMINATION IN TERMS OF THE INTERIM CONSTITUTION

EVALUATION OF THE DEGREE TO WHICH THE INTERIM CONSTITUTION ACCOMMODATES SOUTH AFRICA'S POPULATION DIVERSITY WITH DUE ATTENTION TO THE ROLE OF THE CP'S IN THIS REGARD

THE FIRST INCLUSIVE ELECTIONS AND THE WAY AHEAD

4 Negotiations Leading up to the 1996 Constitution and the Varied Approaches Adopted to Accommodate South Africa's Population Diversity.

THE NEGOTIATIONS OF THE CONSTITUTIONAL ASSEMBLY PROCESS, LEADING UP TO THE 1996 CONSTITUTION: SENSITIVE ISSUES, DEADLOCKS, AND COMPROMISES1

Freedom of Speech and Hate Speech

Customary Law and the Institution of Traditional Leadership in Terms of the 1996 Constitution

Accommodation of Religious Diversity in the 1996 Constitution and a Brief Analysis of the General Limitations Provision

Power Sharing and Related Protection of Political Minority Parties

Horizontal Application of the Bill of Rights of the 1996 Constitution

Equality under the 1996 Constitution

Form of State and Division of Competencies between the National and Provincial Spheres of Government in Terms of the 1996 Constitution

Minority Rights and Self-Determination in Terms of the 1996 Constitution

Language and Education and the 1996 Constitution: Highly Sensitive Issues

THE ADOPTION OF THE 1996 CONSTITUTION AND THE CERTIFICATION PROCESS

Certification of the Constitution on South Africa on 8 May 1996

The Required Constitutional Amendments and the Second Certification Judgement

5 The Constitutional Building Blocks for Post-Apartheid South Africa's Approach to Minority Protection/Accommodation of Population Diversity

ADDITIONAL FEATURES OF THE 1996 CONSTITUTION OF RELEVANCE FOR THE EVALUATION: STRONG INSTITUTIONAL BACKUP AND THE IMPACT OF INTERNATIONAL LAW

OVERALL EVALUATION OF SOUTH AFRICA'S 1996 CONSTITUTION REGARDING ITS CONTRIBUTION TO MINORITY PROTECTION

EVALUATION OF SOUTH AFRICA'S 1996 CONSTITUTION IN TERMS OF THE INTERRELATION BETWEEN INDIVIDUAL HUMAN RIGHTS, MINORITY RIGHTS, AND THE RIGHT TO SELF-DETERMINATION FOR AN ADEQUATE MINORITY PROTECTION

CONCLUSION

NOTES.

6 The Implementation and Application Phase Concerning Minority Protection/ Accommodation of Population Diversity in Post-Apartheid South Africa

INTRODUCTION: OVERVIEW

EQUALITY

Nondiscrimination

Affirmative Action

THE ACCOMMODATION OF LINGUISTIC DIVERSITY

Further Analysis of Section 6 of the 1996 Constitution

The Pan South African Language Board (PANSALB)

Practice: Language Use in the Public Sphere

The Department of Arts, Culture, Science and Technology

THE RIGHT TO EDUCATION

Equal Access to Education

The Development of an Inclusive Curriculum: Generally and Regarding Religion

Language in Education

Private Educational Institutions

MINORITY RIGHTS

THE ACCOMMODATION OF RELIGIOUS DIVERSITY: MUSLIM PERSONAL LAW

"VOLKSSTAAT" AS A FORM OF SELF-DETERMINATION FOR "COMMUNITIES WITH A COMMON CULTURAL AND LANGUAGE HERITAGE"

CUSTOMARY LAW: INTEGRATION IN THE NATIONAL LEGAL SYSTEM?

TRADITIONAL LEADERS: THEIR STATUS IN POST-APARTHEID SOUTH AFRICA

POLICY AND PRACTICE REGARDING CULTURE

FEDERALISM

POWER SHARING

EVALUATION OF THE VARIOUS CONSTITUTIONAL IMPLEMENTATION POLICIES AS REGARDS ACCOMMODATION OF POPULATION DIVERSITY AND MINORITY PROTECTION

EVALUATION OF SOUTH AFRICA'S EXPERIENCES IN TERMS OF THE INTERRELATION BETWEEN INDIVIDUAL HUMAN RIGHTS, MINORITY RIGHTS, AND THE RIGHT TO SELF-DETERMINATION

Bibliography

A. BIBLIOGRAPHY ON THEORY PERTAINING TO MINORITY PROTECTION: SELECTION OF THE MOST RELEVANT ITEMS

General Comments of the Human Rights Committee to Articles of the ICCPR

Documents of the UN Working Group on Minorities and other UN Documents Pertaining to Minority Protection

Case Law

Council of Europe Documents

Doctrine

B. BIBLIOGRAPHY ON SOUTH AFRICA.

Selection of Documents Obtained during the Period that I Monitored the Constitutional Negotiation Process, January to June 1996

Documents from the Internet on the Constitutional Negotiation Process

Government Documents and Legislation

Legislation

Parliamentary Documents of the National As Well As Provincial Parliaments

Jurisprudence of the Constitutional Court

Jurisprudence of Other South African Courts

Reports of Independent Bodies

News Sources

Speeches of Politicians

Index

About the Author.

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references (p. [271]-304) and index.

ISBN:

979-84-00-68625-2

1-280-37379-2

9786610373796

0-313-01214-8

OCLC:

614618481