By Shelton Mahandana
In South Africa, cultural, religious, and linguistic rights are enshrined in section 31 of the Constitution, 1996, which guarantees the protection and promotion of diversity and individual freedoms.
Cultural rights encompass the right of individuals and communities to enjoy, practice, and express their cultural identities. This includes participation in cultural life, access to cultural heritage, and the freedom to maintain cultural traditions.
These rights are safeguarded by various entities, including:
The South African Human Rights Commission (SAHRC) is responsible for promoting and monitoring the realization of human rights. It investigates complaints related to human rights discrimination and advocates for the protection and non-violation of human rights. The SAHRC derives its mandate from the Constitution specifically from Chapter 9, Section 184 of the Constitution. The SAHRC operates under the Human Rights Commission Act 40 of 2013, which provides further detail on its mandate, structure, and operations.
Religious Rights:
Religious rights pertain to the freedom of individuals to choose, practice, and manifest their religious beliefs without discrimination or coercion. South Africa’s Section 15 (1) of the Constitution recognizes the right to freedom of religion, conscience, and belief, further refer to section 31 of the Constitution.
The Commission for the Promotion and Protection of the Rights of Cultural, Religious, and Linguistic Communities (CRL Rights Commission) is mandated to promote and protect the rights of cultural, religious, and linguistic communities. Its mandate is outlined in Chapter 9, section 185 of the Constitution. The commission operates under the Cultural, Religious and Linguistic Communities Act 19 of 2002 (CRL Act), which provides further detail on its mandate, functions, and operations. It addresses issues of religious discrimination and facilitates dialogue among diverse religious groups.
Linguistic rights involve the preservation and promotion of languages spoken by different communities within South Africa. Section 30 of the Constitution recognizes the rights of individuals to use and develop their own languages, as well as access to education and services in their preferred language.
The Pan South African Language Board (PanSALB) is tasked with promoting multilingualism and protecting linguistic diversity. It works to ensure that all South African languages are respected, valued, and supported in various sectors, including education, media, and public administration. PanSALB derives its mandate from the Constitution of South Africa, specifically from Chapter 1, section 6 which outlines the country’s commitment to linguistic diversity and the promotion of multilingualism. The PanSALB operates under the Pan South African Language Board Act 59 of 1995, which further defines its functions and responsibilities.
South Africa’s cultural, religious, and linguistic rights are integral components of the country’s commitment to diversity and inclusivity. The SAHRC and the CRL Rights Commission play key roles in upholding these rights and addressing issues of discrimination or marginalization based on human rights, and cultural, religious, or linguistic identity. Similarly, PanSALB works to preserve and promote linguistic diversity, contributing to the cultural richness of the nation.
