FIDEL HADEBE | Respect constitutional rights of others when protesting
Image: ANTONIO MUCHAVE
The recent strike by members of Nehawu exposed how vulnerable we are as citizens when it comes to individual human rights. In short, our future as a democracy is in great danger if nothing gets done with this self-reproducing culture of disrespect of the rights of others including respect for life.
As they took to the street in what was, according to the Labour Court and the department of public service and Administration an illegal strike, Nehawu members went on a rampage destroying property and engaging in acts of violence and intimidation. Employees who are not members of the union and who wanted to exercise their rights to be at work and earn an income were barred from doing so. Some were held hostage as they could not leave their places of work in hospitals and go home to rest after doing their night shifts. These workers were held against their will, some were chased around wards with sjamboks by striking workers forcing them to join the illegal strike.
On the other hand members of the public were denied their right to access healthcare as they were barred from entering hospitals and clinics to get healthcare. Ambulances carrying sick and dying patients were barricaded from entering hospitals and were chased away in the process putting at risk the lives of patients. Members of the public were also denied access to hospitals to see their sick relatives, bring them food given the fact that in some hospitals even kitchen services were affected or even to wash them and change their diapers. This was a very deep assault on the rights of others and it has to be condemned by all who believe in the laws of this country, Constitution and the Bill of Rights.
As a matter of principle it is important to state the obvious that anyone has a right to engage in a protest or strike action as long as such action is done in line with the laws of the country that include obtaining permission where such permission is required. But there is nothing in the constitution of the country that says that the exercise of one’s rights can or should be done at the expense of the rights of others as we saw with the Nehawu strike. Everybody’s human rights matter and deserve respect and protection.
As we work on rebuilding our moral regeneration as a nation it is important that we focus particular attention on this issue of human rights and their protection. The disrespect for the rule of law and respect for the rights of others has become the norm in our country. We witness the rights of others being blatantly violated daily including destruction of property.
What this crisis points to is a need for departments like constitutional development and arts and culture among others to embark on change-communication campaigns to educate the public about rights and responsibilities in a way that enforces understanding and change behaviour. Agencies of the state such as the police and courts also have to develop an appetite to punish those who violate the rights of others so that there are consequences for people who engage in this kind of behaviour.
Apart from government departments, civil society movements such as the Moral Regeneration Movement have to rise to the occasion and put their weight behind campaigns aimed at eliminating this conduct.
As it is often said, our constitution is regarded as being among the best in the world but this achievement really rings hollow when we see the same document being undermined and violated in a manner that we are witnessing. With the recent Nehawu strike for instance the right to life was violated in the most gruesome way when sick patients were actively denied their right to life by striking workers.
As we mark human rights month, it is important that leaders across various sectors including political parties address their members and constituencies directly on the importance of respecting the rights of others as we exercise our own rights. A clear message has to be communicated that no-one’s rights are more important than others.
It is deeply heartbreaking to see this world-respected constitution assaulted daily and rendered meaningless by people who should be the first to protect it.
* Hadebe is a social impact and behaviour-change consultant.