scholarly journals Water ‘Apartheid’ and the Significance of Human Rights Principles of Affirmative Action in South Africa

Water ◽  
2021 ◽  
Vol 13 (8) ◽  
pp. 1104
Author(s):  
Ademola Oluborode Jegede ◽  
Pumzile Shikwambane
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Affirmative Action ◽  
Rural Areas ◽  
Water Policy ◽  
Research Approach ◽  
Human Beings ◽  
Access To Water ◽  
Black Populations ◽  
The Right

Water is an essential necessity for human beings; however, South Africa has a long history of inequalities dating back to apartheid politics and legislation which denied access to water to disadvantaged black populations mostly residing in rural areas. Although apartheid has officially ended, whether the lack of access to water by such populations who still cannot afford it exists and aligns with international human rights principles of equality and non-discrimination merits an examination. To redress the injustices of the apartheid regime, the right to have access to sufficient water is entrenched in section 27(1)(b) of the 1996 South African Constitution. In addition to embracing equality and non-discrimination, the Constitution informs other instruments and measures such as free basic water policy and pre-paid meters meant to ensure access to water. However, the plight of these populations persists in post-apartheid South Africa, but it is rarely a subject of academic scrutiny how the notion of affirmative action as grounded in the principles of equality and non-discrimination under human rights law can be deployed as a response. Using a doctrinal research approach, this article argues that the continuing struggle of disadvantaged communities with access to water does not only constitute water apartheid, it negates the human rights principles of equality and non-discrimination. The principle of affirmative action is useful in responding to inadequate access to sufficient water by disadvantaged populations in post-apartheid South Africa.

scholarly journals HUMAN RIGHTS AND ACCESS TO COVID-19 VACCINES IN RURAL SOUTH AFRICA: THE ROLE OF LOCAL GOVERNMENT

2021 ◽  
Vol 56 (4) ◽  
pp. 632-644
Author(s):  
John Cantius Mubangizi ◽  
Betty Claire Mubangizi
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Rural Communities ◽  
Local Government ◽  
Rural Areas ◽  
Health Care Services ◽  
Specific Reference ◽  
Right To Health Care ◽  
The Right

The purpose of this article is to explore the role of local government in South Africa during the COVID-19 pandemic, particularly concerning access to COVID-19 vaccines. This is done by first looking at the local government institution as a concept while highlighting its centrality in managing disasters and pandemics. The article then draws on literature to show the challenges and complexities faced by the local government as an institution and how these challenges combine to significantly affect the capacity of local government’s performance in rural areas generally and during the COVID-19 pandemic specifically. The discussion is then narrowed to the role of local government in the rollout of COVID-19 vaccines with specific reference to rural areas in South Africa. The discussion adopts a human rights perspective by considering equitable distribution, access to information, the right to health care services, and the right to emergency medical treatment. Other relevant constitutional rights such as equality, human dignity, and life are also discussed or mentioned. The article concludes with recommendations on how the role of local government in facilitating access to COVID-19 vaccines for rural communities can be enhanced, including adopting an intersectional human rights-based approach in the rollout of such vaccines. The novelty of this study lies in the fact that COVID-19 is a new disease. Its vaccines have been recently and quickly developed; hence issues of access, human rights, and the role of local government are critical, particularly in rural settings.

Human Rights to Water Access in South Africa: Challenges and Critical Concerns

2021 ◽  
Vol 17 (2) ◽  
Author(s):  
Tinuade Adekunbi Ojo
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Water Policy ◽  
Water Access ◽  
The South ◽  
History Of ◽  
Access To Water ◽  
The Government ◽  
Basic Infrastructure

Many scholars have written on the challenges of ensuring access to water in South Africa, and much research has been done on the national water policy of the South African Government, yet major challenges facing the water sector persist. This study presents a human rights approach as a theoretical foundation for investigating the basic right to water access, with a specific focus on the sustainable development goals (SDGs) in the three tiers of governance. Existing literature on the history of water access was explored regarding the global as well as the South African history of water rights. The main focus of this study was SDG no. 6, which is related to issues regarding water access in South Africa. The study concluded that the human right of having access to water is a crucial issue to be treated with caution by the government in order for the poor to have basic infrastructure.

scholarly journals Community policing and stock theft in selected rural areas of the Mpumalanga province of South Africa

2021 ◽  
Vol 24 ◽  
pp. 667-678
Author(s):  
Sandile Clement Masuku ◽  
Hendrick Puleng Motlalekgosi
Keyword(s):  
South Africa ◽  
South African ◽  
Rural Areas ◽  
Research Approach ◽  
Contributing Factors ◽  
Mpumalanga Province ◽  
South African Police Service ◽  
Local Municipality ◽  
South African Police ◽  
The Right

A slight decrease in stock theft in many provinces in South Africa must be commended irrespective of the reasons behind the decrease because it is a step in the right direction. However, an increase in stock theft in the Mpumalanga province of South Africa is a cause for concern and must be handled with urgency. This paper examines the extent to which the community is involved in the fight against stock theft in the rural areas of the Mpumalanga province of South Africa. The study employed a qualitative research approach that used semi-structured in-depth interviews to collect data. The sample consisted of 22 participants selected through purposive sampling, who included farmers, herdsmen, Community Police Forum members, and community leaders. The study found that the community in the rural areas of Mpumalanga is not involved in the fight against stock theft and that this could mainly be attributed to the poor relationship between the South African Police Service and the community. It was also found that poverty and unemployment are the main contributing factors to increased stock theft in the rural areas of the Dr Pixley Ka Isaka Seme Local Municipality in Mpumalanga. 

Water and sanitation policies for improving health in South Africa: overcoming the institutional legacy of apartheid

Water Policy ◽  
2005 ◽  
Vol 7 (6) ◽  
pp. 627-642 ◽  
Author(s):  
Edina Sinanovic ◽  
Sandi Mbatsha ◽  
Stephen Gundry ◽  
Jim Wright ◽  
Clas Rehnberg
Keyword(s):  
South Africa ◽  
Rural Areas ◽  
Integrated Approach ◽  
The South ◽  
Financing System ◽  
Water And Sanitation ◽  
Sanitation Services ◽  
Sanitation And Hygiene ◽  
Access To Water ◽  
New Policies

The burden of water-related disease is closely related to both the socio-economic situation and public health issues like access to clean water, sanitation and hygiene services. Poverty eradication, through improved access to water and sanitation, is the South African government's major priority. This is partly achieved through subsidising the cost of water and sanitation provision to the poor in rural areas. Whilst the new policies have made a remarkable impact on improved access to water and sanitation services, a general problem since the new approach in 1994 has been the lack of integration of policies for water and sanitation and health. This paper analyses the policies concerning rural water supply and sanitation in South Africa. It considers the structure of institutions, the division of responsibilities and legislated and financial capacity of the South Africa's water sector. A more integrated approach for the policies aiming at water access, sanitation and health is needed. In addition, as the local government's capacity to implement different programmes is limited, a review of the financing system is necessary.

Water for Life

2017 ◽  
Author(s):  
Madeline Baer
Keyword(s):  
Human Rights ◽  
Citizen Participation ◽  
Urban Areas ◽  
Water Policy ◽  
State Capacity ◽  
National Level ◽  
Human Right ◽  
Political Will ◽  
Water And Sanitation ◽  
The Right

Chapter 5 provides a case study of the human rights-based approach to water policy through an analysis of the Bolivian government’s attempts to implement the human right to water and sanitation. It explores these efforts at the local and national level, through changes to investments, institutions, and policies. The analysis reveals that while Bolivia meets the minimum standard for the human right to water and sanitation in some urban areas, access to quality water is low in poor and marginalized communities. While the Bolivian government expresses a strong political will for a human rights approach and is increasing state capacity to fulfill rights, the broader criteria for the right to water and sanitation, including citizen participation and democratic decision-making, remain largely unfulfilled. This case suggests political will and state capacity might be necessary but are not sufficient to fulfill the human right to water and sanitation broadly defined.

The Global Rise of Social Cash Transfers

2018 ◽  
Author(s):  
Lutz Leisering
Keyword(s):  
Human Rights ◽  
Social Security ◽  
International Organizations ◽  
Cash Transfers ◽  
Social Citizenship ◽  
Human Beings ◽  
Sociological Approach ◽  
The Poor ◽  
Social Cash Transfers ◽  
The Right

The Universal Declaration of Human Rights (1948) proclaimed the equality of all human beings in dignity and rights. The right to social security, however, has been taken more seriously only since the 2000s, through calls for ‘Social security for all’ and ‘Leaving no one behind’. The book investigates a major response, social cash transfers to the poor. The idea of simply giving money to the poor had been rejected by all major development organizations until the 1990s, but since the early 2000s, social cash transfers have mushroomed in the global South and on agendas of international organizations. How come? What programmes have emerged in which countries? How inclusive are the programmes? What models have international organizations devised? Based on unique quantitative and qualitative data, the book takes stock of all identifiable cash transfers in all Southern countries and of the views of all major international organizations. The author argues that cash transfers reflect broader changes: new understandings of development, of human rights, of global risks, of the social responsibility of governments, and of universalism. Social cash transfers have turned the poor from objects of charity into rights-holders and agents of their own lives and of development. A repertoire of cash transfers has evolved that has enhanced social citizenship, but is limited by weak political commitments. The book also contributes to a general theory of social policy in development contexts, through a constructivist sociological approach that complements the dominant approaches from welfare economics and political economy and includes a theory of social assistance.

scholarly journals Using network analysis to analyse the complex interaction of factors causing the failure of small-scale water infrastructure (SWI) in the rural areas of South Africa

Water SA ◽  
2018 ◽  
Vol 44 (3 July) ◽  
Author(s):  
DC Sambo ◽  
A Senzanje ◽  
K Dhavu
Keyword(s):  
South Africa ◽  
Rural Communities ◽  
Rural Areas ◽  
Small Scale ◽  
Research Approach ◽  
Water Services ◽  
Systematic Analysis ◽  
Complex Interactions ◽  
Technical Community ◽  
Drying Up

Some parts of the rural areas of South Africa are receiving water services below the legislative standards stipulated in the Water Services Act (1997) of South Africa. This is because small-scale water infrastructures (SWI), including standpipes, handpumps and windmills, are failing to supply adequate water in rural communities for various activities that enhance their livelihoods. This is due to technical, community, institutional, and environmental factors. Literature indicates that these factors are complex in nature. However, research on their complex interactions has been limited. Therefore, the complex interactions of the factors causing SWI failure were investigated and analysed in this study. A qualitative research approach was employed to investigate the factors that cause failure of SWI. The network approach combined with graph theory and the community structure method were used to generate a theme and domain network that allowed for a systematic analysis and interpretation of the causes of SWI failure in the study area. The major causes of failure identified include: (i) the use of a top-down approach to implement water projects in rural communities without consultation, (ii) sharing of SWI in high numbers due to the limited number of SWI available/functional, resulting in overloading and increased breakdowns, and (iii) drying up of water sources due to poor siting leading to vandalism of SWI. Overall, the causes of SWI failure are as a result of the complex interactions of different categories of factors. The theme and domain network is a powerful tool that can be used represent and analyse the complex interactions. It is therefore imperative for interventions aiming to improve rural water supply to analyse the complex interactions of the causes of SWI failure to understand the underlying problems at a level of a system, in order to propose suitable solutions.

scholarly journals The Human Right to Water and Unconventional Energy

2018 ◽  
Vol 15 (9) ◽  
pp. 1858 ◽  
Author(s):  
Robert Palmer ◽  
Damien Short ◽  
Walter Auch
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Oil And Gas ◽  
Oil And Gas Industry ◽  
Human Right ◽  
Governmental Organization ◽  
United Nations General ◽  
Access To Water ◽  
The United Nations ◽  
The Right

Access to water, in sufficient quantities and of sufficient quality is vital for human health. The United Nations Committee on Economic, Social and Cultural Rights (in General Comment 15, drafted 2002) argued that access to water was a condition for the enjoyment of the right to an adequate standard of living, inextricably related to the right to the highest attainable standard of health, and thus a human right. On 28 July 2010 the United Nations General Assembly declared safe and clean drinking water and sanitation a human right essential to the full enjoyment of life and all other human rights. This paper charts the international legal development of the right to water and its relevance to discussions surrounding the growth of unconventional energy and its heavy reliance on water. We consider key data from the country with arguably the most mature and extensive industry, the USA, and highlight the implications for water usage and water rights. We conclude that, given the weight of testimony of local people from our research, along with data from scientific literature, non-governmental organization (NGO) and other policy reports, that the right to water for residents living near fracking sites is likely to be severely curtailed. Even so, from the data presented here, we argue that the major issue regarding water use is the shifting of the resource from society to industry and the demonstrable lack of supply-side price signal that would demand that the industry reduce or stabilize its water demand per unit of energy produced. Thus, in the US context alone, there is considerable evidence that the human right to water will be seriously undermined by the growth of the unconventional oil and gas industry, and given its spread around the globe this could soon become a global human rights issue.

scholarly journals THE IMPLEMENTATION OF INDONESIA’S PUBLIC POLICY TO IMMIGRATION SELECTIVE POLICY BASED ON LAW NO. 6 OF 2011

2018 ◽  
Vol 1 (2) ◽  
pp. 169-178
Author(s):  
Muhammad Azzam Alfarizi
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Service Needs ◽  
Human Beings ◽  
The Third ◽  
The Core ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Service Standards

The inherent right of the individual is an affirmation that human beings must be treated properly and civilized and must be respected, as the sounding of the second precept is: "Just and Civilized Humanity". Human rights are manifestations of the third principle, namely: "Indonesian Unity". If all rights are fulfilled, reciprocally the unity and integrity will be created. Rights are also protected and upheld as is the agreement of the fourth precepts that reads: "Democracy Led by Wisdom in Consultation / Representation". Human Rights also recognizes the right of every person for the honor and protection of human dignity and dignity, which is in accordance with the fifth precepts which read: "Social Justice for All Indonesian People" PASTI Values ​​which are the core values ​​of the Ministry of Law and Human Rights which is an acronym of Professional, Accountable, Synergistic, Transparent and Innovative is an expression of the performance of the immigration apparatus in providing human rights based services. If these values ​​are in line with the values ​​contained in Pancasila, the criteria for evaluating human rights-based public services are based on the accessibility and availability of facilities; the availability of alert officers and compliance of officials, employees, and implementers of Service Standards for each service area will be easily achieved. It is fitting that immigration personnel in providing services must be in accordance with the principles of human rights-based services and in harmony with the Pancasila philosophy. This is as an endeavor in fulfilling service needs in accordance with the mandate of the 1945 Constitution, provisions of applicable laws and human rights principles for every citizen and population for services provided by the government in this case Immigration.  

scholarly journals Overview Of The Rights Of Person With Disabilities: A Human Rights Approach

2021 ◽  
Vol 5 (IV) ◽  
pp. 34-42
Author(s):  
Dr. Ram Charan Meena,
Keyword(s):  
Human Rights ◽  
Human Beings ◽  
Social Approach ◽  
Persons With Disabilities ◽  
Psychological Barriers ◽  
Contemporary Situation ◽  
The Law ◽  
The Government ◽  
Definition Of ◽  
The Right

Persons with disabilities have the right to enjoy the human rights to life, liberty, equality, security and dignity as human beings. However, due to social apathy, psychological barriers, a limited definition of “disability” entitled to the protection of the law and lack of proper data, persons with disabilities in India remain an invisible category. Although many laws set out to ensure their full and effective participation in society, they remain inadequate as they are based primarily on the discretion of the government. Also, the judiciary acts as the real protector of persons with disabilities whenever an opportunity arises, but it is not possible to approach the judiciary for every request. Unless the foundation of the law is strengthened, persons with disabilities cannot fully exercise their rights. The present research paper mentions the contemporary situation of people with disabilities with the current laws and concepts, and also the researcher believes that it is not only the law that will provide a solution to this problem, it is the change in the outlook of the society which may provide a solution to this problem. Thus, the horizons of the law should be expanded to provide a “human friendly environment” for all persons with disabilities to remove the barriers that impede their development. With timely implementation the time has come for effective legislation to protect their interests and empower their capabilities which are based on “rights–based approach” rather than charity, medical or social approach.

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