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Human Rights

Apartheid

South Africa after apartheid

Together with his two vice-presidents Thabo Mbeki and F.W. de Klerk, President Nelson Mandela was sworn in standing in front of Pretoria's parliament building on the 10th of May 1994 and said:

Nelson Mandela "We will create a society in which all South Africans, black and white, can walk tall, without fear in their hearts and safe in the knowledge that they have an inalienable right to human dignity - a rainbow generation living at peace with itself and the whole world."

This road is long and paved with many obstacles. It began in 1990 with the release of Nelson Mandela, de Klerk's promise of negotiations.

Overview:

Talks about talks

Dealing with the past

The first general election

South Africa after Mandela

The new constitution

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Talks about talks

The "talks about talks" between the ANC and the National Party (NP) during May and August 1990 was the first time that the government and the freedom movement had faced each other across the negotiating table as equals. It was agreed that political prisoners would be released, that those exiled could return and the main apartheid laws would be lifted. In return, the ANC agreed to end all use of violence.

These concessions paved the way for the multi-party talks which followed. Other parties present at these talks were Inkatha, the Democratic Party (DP) and the ten representatives of the homelands. These talks have become known as CODESA I and II (Convention for a Democratic South Africa). An agreement was reached in December 1991 on the basic power-sharing principle; to split power into a legislative, judiciary and executive. In May 1992 CODESA reached decisions on questions of state, provincial and local administration. In addition to this, agreement was also reached on a federal system with nine provinces and the ANC agreed to drop its demands for the nationalization of industry. An interim constitution came into force at the end of 1993, which remained in force until the final constitution had been drawn up.

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The first general election

A readiness to resort to violence proved to be a relic of the apartheid era that could not be extinguished in the years that followed. Demonstrations were met with counterdemonstrations, violence with counter violence, blacks against whites, but also blacks against blacks. Chris Hani, General Secretary of the South Africa's Communist Party and next to Mandela one of the nation's most popular politicians, was murdered in front of his house in April 1993 by right extremists. At the same time a sense of disappointment grew among South Africa's blacks about the lack of political and social reform. To avoid a further escalation of the situation, it was decided to hold elections as soon as possible: On the 27 April 1994.

Two new institutions were set up: the Transitional Executive Council (TEC), which could decide nothing without the ANC, and the Independent Electoral Commission (IEC), which was commissioned with organizing a general election in only four months: From the monitoring of registration of political parties to the implementation of the election to the counting of votes and the decision itself, the IEC was responsible for making sure that all was fair and above board.

The election tuned out to be less problematic than had been expected. There were no major incidents and as expected the ANC won the election, gaining 62.7 percent of the votes, followed by the NP with almost 20 percent and Inkatha with almost 10 percent.

On 10 May 1994, Nelson Mandela became South Africa's first black president and its first president as a result of a general election. The country's final constitution was drawn up during the two years that followed.

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The new constitution (http://www.polity.org.za/govdocs/constitution/saconst.html)

South Africa was given a parliament consisting of 350 members, who were elected using a system of proportional representation. The former Senate was replaced by the National Council of the Provinces, modeled on the Upper House of the German Parliament. The party with the majority of votes would form the government and choose the President. Provincial powers were cut back in favor of central government. The provinces were not given financial sovereignty, but were dependent on Pretoria. Disagreement on three points remained until the end :

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Should the constitution contain a property guarantee? (This was proposed by the NP. The ANC, however, had its reservations, since such a guarantee could prove difficult in implementing the planned land reforms; in the end wording was found that protected existing property rights while allowing the state to implement its land reform)

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Should employers have the right to lock-out workers during strike action? (The ANC sided with the unions and there is no constitutional right to lock-out)

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Should schools be allowed to give lessons in only one language? (This was an attempt by the NP to secure the position of the Afrikaans language and culture; here, too, the ANC managed for the most part to get its own way, since lessons would only be given in the native tongue when this was practical - this is not true of the vast majority of cases.

South Africa's new constitution was signed by Nelson Mandela on the 10th of December 1996, International Human Rights Day, under clear skies in Sharpeville, where 36 years previously a demonstration against the passport laws had been brutally smashed by the police and the fight for freedom had entered its decisive stage. The constitution came into force on 4 February 1997.

Millions of copies of the new constitution were distributed across the entire country, some even as comics for the benefit of illiterate people. The constitution's preamble is available on this site as a document.

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Dealing with the past

South Africa chose its own approach in dealing with its past. The ANC and the churches wanted neither a general amnesty as in Chile nor a Nuremberg Process as in post war Germany. Instead a Truth and Reconciliation Commission was set up under the chairmanship of Desmond Tutu (you will find an interview with Tutu on the document pages).

You will find a portrait of Desmond Tutu and plenty of detailed information about him in the Examples main subject group.

Under the heading of "forgive, but not forget", the commission was to listen to both the victims and perpetrators of major human rights violations over a two year period (1996-98) and use their statements to build a comprehensive picture of South Africa's history between the years 1960-94: On the causes of violence, on its extent and on the circumstances which led to the situation. It was also charged with making proposals as to how such violations could be avoided in the future and making suggestions as to how to improve protection of human rights.

For two years daily victim-and-perpetrator hearings were held. These hearings didn't only deal with the "small fish", it also listened to prominent South Africans such as Mandela's ex-wife, Madikizela Mandela, and de Klerk. The hearings exposed atrocities, they uncovered a state hand-out of weapons to Inkatha, in order to inflame black-on-black violence.

Many questions remained unanswered. The Truth and Reconciliation Commission did not become an established institution. Its purpose was to create a new beginning. Reconciliation cannot be achieved by someone even of Desmond Tutu's standing alone, but is something that each individual has to do him/herself and with regard to others.

[The Commission has its own website, which is presented in more detail in our link list. You will find an interview with Desmond Tutu on the document pages.]

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South Africa after Mandela

"I have decided to rest for a while, in order to enjoy the wonderful view and to look back down the long road that I have traveled. Yet I shall only be resting for a short while, because with freedom comes responsibility and I don't want to linger, since I have not yet reached the end of my long road."

Mandela ends his autobiography with these words. Five years after making this statement, Mandela did indeed decide to rest. The rest of the road will be traveled by his successors.

Election results 1999

Party Seats Percent
ACDP 6 1,43
ANC 266 66,35
AEB 1 0,29
AZAPO 1 0,17
DP 38 9,56
FA 2 0,54
IFP 34 8,58
MF 1 0,30
NNP 28 6.87
PAC 3 0,71
GPGP 0 0,06
SOPA 0 0,06
UCDP 3 0,78
UDM 14 3,42
VF/FF 3 0,80
AITUP 0 0,07

15.977.026 voters (Turnout: 89.28%)

 

South Africa's 2nd general election in June 1999 confirmed the ANC's position. Thabo Mbeki, who had been running things unofficially since 1995, took over as president of South Africa.

Thabo Mbeki

He took charge of a South Africa in which plenty of work remains to be done: There is a lack of housing; many houses have no running water or electricity; unemployment is running at 50 percent and there is a worrying increase in crime.

An economic upturn could help ease the situation. This, however, requires investment. The development of South Africa's tourism industry could become a key earner.

[A speech made by Mbekis can be found on the document pages belonging to this section.]

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Methods:    Teaching Politics    II    Peace Education    II    Methods

        


 

This online service on the subject of political education was developed by agora-wissen, the Stuttgart-based Gesellschaft für Wissensvermittlung über neue Medien und politische Bildung (GbR) (Partnership for the Exchange of Information Using New Media and Political Education). Please contact us with your questions or comments. Translation from German into English by twigg's Übersetzung deutsch-englisch.