The international organisation's report has
questioned South Africa's commitment to constitutional rights and equality.
In its 2013 World Report, the New York-based lobby group also raises concerns about the levels of police brutality and
the government's perceived failure to fulfill basic and economic social rights.
Cameron
Jacobs, South Africa Director at Human Rights Watch, told the Mail &
Guardian that "2012 signified a watershed and wake-up call for South
Africa because of events that led to "serious challenges to human rights
and the constitution".
He said
the Marikana tragedy, the farmworkers' strikes in De Doorns and other violent service
delivery protests had put the South African Police Service (SAPS) under the
spotlight and there were concerns about the use of "excessive force".
"We
are waiting on the final report from Farlam
commission of inquiry into what happened at Marikana, to see if it finds
the force used was justified in the circumstances," he said. "If it
was not found to be justified, then it is important that the rule of law takes
effect."
But
Jacobs said police behaviour was only part of the story.
Precarious
situations
"We are increasingly seeing SAPS facing very precarious situations," he explained.
"We are increasingly seeing SAPS facing very precarious situations," he explained.
"There
needs to be sufficient training for officers to handle these situations, but
equally, we need highlight the economic and social rights that are enshrined in
the constitution that these people are fighting for," he added.
Regarding
the Protection of State Information Bill and the Traditional Courts Bill,
Jacobs said Human Rights Watch was monitoring carefully to see how the
Information Bill would be applied and what form the Traditional Courts Bill
would take after called-for revisions.
He
explained: "With the Courts Bill, our major concern is about equality, not
just for women but also the LGBT [the lesbian, gay, bisexual and transgender]
community. If traditional leaders are allowed to do certain traditional things,
then it risks carte blanche violations of our constitution."
And he
added: "Freedom of expression and the right to equality are things that we
struggled for under apartheid and it seems that these struggles are re-emerging
in a democratic South Africa."
Refugee
rights
In its chapter on South Africa, Human Rights Watch acknowledges the country's leadership in promoting the International Criminal Court though notes it has yet to block African Union decisions which calls for states not to co-operate over the arrest of Sudanese President Omar al-Bashir.
In its chapter on South Africa, Human Rights Watch acknowledges the country's leadership in promoting the International Criminal Court though notes it has yet to block African Union decisions which calls for states not to co-operate over the arrest of Sudanese President Omar al-Bashir.
The
report also questions the decision to close three of seven Refugee Reception
Officers – which "caused a crisis for asylum seekers" – and it says
South Africa's tenure as a non-permanent member of the UN Security Council had
been marked by "erratic stances on human rights concerns" regarding
UN engagement on Libya and Syria.
See the
Africa section of the M&G newspaper on Friday.
