R2K Statement: Respect the right to protest as a fundamental human right!
Today marks one of the most important days in the history of South Africa. Although named National Human Rights Day, it marks the day on which 69 protesters were killed in 1960 in Sharpeville, Johannesburg for refusing to carry a dompas or pass book.
56 years on, and it feels like not much has changed. There is no longer the need to carry a pass book, and freedom of movement is guaranteed to everyone, however, how police deal with protests and protesters is still as violent. Police brutality are escalating. Protests are being criminalized; protesters are shot at with stun grenades and rubber bullets. Sometimes, as we saw 3 years ago at Marikana, police use live ammunition and automatic weapons to put down protesters with legitimate grievances. In Ficksburg, even the use of rubber bullets had deadly consequences for the late activist, Andries Tatane.
Currently, there are comrades whose right to protest is being suppressed and they are in and out of court for exercising their constitutional right. As we have seen with the illegal arrests of student protesters during the Fees Must Fall campaign. Just last week, the community of Thembelihle had to challenge the JMPD officials when their planned protest outside Lenasia police station was barred. Fortunately their resistance paid off as they will be protesting outside Lenasia police station against police brutality and political influence by the management of the Lenasia police station today between 10AM – 13PM.
The right to protest is a fundamental human right guaranteed under our Constitution and is critical to ensuring that ordinary citizens are able to voice their dissatisfaction and to hold government and the private sector accountable for their obligations. By criminalizing these protest actions, government is severely undermining this fundamental human right and the quest for social justice.
In an effort to strengthen our right to protest, R2K has published a second edition of an Activist Guide to the right to protest. The pocket sized publication is intended to inform citizens of their rights and enable them to engage overzealous officials who act outside the law to suppress our freedom of assembly.
The first section of this booklet provides basic information about any gatherings that can be seen as a form of protest, contestation or criticism in a public space. It explains the legal definition of a “gathering” and the legal rights and duties of the organisers.
The second section is a new addition to the booklet, focusing on police brutality and the rules and regulations that govern the police at protests.
The third section gives a basic explanation of court processes that may follow an arrest and what to do in those situations.
The fourth section gives some general advice on protecting the right to protest, and some useful contacts for further information.
You can download a PDF version of the publication here or collect hard copies from our offices:
Cape Town: 107 Community House, 41 Salt River Road, Salt River
Durban: 502 MTB, King George V Avenue, UKZN, Glenwood
Johannesburg: 6th floor Aspern House, 54 De Korte Street, Braamfontein
This Human Rights Day, we urge South Africans to use this booklet in their struggle for social, economic and environmental justice. The right to protest, freedom of expression, and equality before the law are central to all those struggles. More than ever, all who live and work in South Africa need to not only know these rights but be able to exercise them.
ONGAZI MAKAZI!
KNOWLEDGE IS POWER!
WEES INGELIG!
