House Chairperson, the role of the state in the protection of human rights is to foster the rule of law and provide security for its citizens; maintain an independent judiciary; adopt stable economic policy; hold regular, free and fair elections; invest in social service infrastructure; protect the environment; and most importantly, protect human rights. These are the fundamental roles of a functional democratic state in ensuring that civil liberties are observed and promoted.
The Vienna Declaration stipulates that all human rights are universal, interdependent and interrelated. It also reaffirms the important and constructive role played by national human rights institutions.
The World Conference on Human Rights recommended that each state consider the desirability of drawing up a national action plan, identifying steps in terms of which that state would improve the promotion and protection of human rights. The state should, furthermore, strengthen and support the work done by human rights institutions by providing public education and training in human rights, by offering technical assistance programmes and by drafting legislation in conformity with international standards. These institutions should be independent and effective so that they can hold the state to account on human rights issues.
The declaration of the African Charter on Human and Peoples' Rights in 1981 led to a new way of thinking as this charter was laid down by Africans themselves recognising their traditions and cultures. There is no excuse not to follow the charter as it was crafted by Africans.
This African treaty emphasised the need for equality before the law; the inviolability of the human being; freedom for all from exploitation and degradation, especially torture and inhumane punishment; and freedom from arbitrary arrest or detention - things that are happening in some African countries as we speak. For lasting political stability on the continent of Africa, measures are needed to strengthen the protection of individual rights.
According to the report of the International Commission on Intervention and State Sovereignty, the basic principle of the responsibility to protect is grounded in the assumption that state sovereignty implies primary responsibility for the protection of people's lives within a state itself. Where a state fails to protect its citizens, then the people and the principle of international interference is valid.
In Guinea, for example, the military government is brutalising human rights groups. Zimbabwe is a classic example. The Gambian president has now also declared war on the human rights commission. In the Democratic Republic of Congo, rape is being used to instil fear.
The International Criminal Court has issued an arrest warrant for the president of Sudan, principally for the violation of human rights. The list goes on and on in Africa, with daily violations of the human rights this charter was supposed to prevent. Regional bodies should be more active in protecting citizens and intervene where necessary.
Africa should grow to realise the importance of human rights bodies and not just demonise and sabotage them. As we celebrate Africa Human Rights Day, we should embrace these bodies because Africa needs strong institutions. These bodies should ensure harmonisation between domestic legislation and international treaties, encourage the involvement of various sectors of society in the formulation, implementation and review of relevant policies and contribute to reports submitted to regional, international and intergovernmental bodies. It is their duty to be visible and raise public awareness in so far as human rights violations occur.
As we observe Africa Human Rights Day, we want to be able to say today that we are really proud of Africa, but we are not. We need to start by popularising this charter and reverting to the noble principles that formed the cornerstone of this document, for there is interdependence between peace, development, respect for and observance of the rule of law and human rights and a state's function to ensure that each and every citizen enjoys civil, cultural, economic, political and social rights.
The charter of the Gaborone Declaration on democracy, elections and governance also highlighted the fact that democracy in Africa is threatened by a lack of respect for human rights, intolerance, unconstitutional changes of government, the re-emergence of one-man rule and the deployment of unconstitutional means to stay in power.
What is a cause for concern is that this charter has only been ratified by two African countries. South Africa has not ratified this charter. And the question is: Why has South Africa not ratified the charter on democracy, elections and governance?
Democracies must express solidarity with democratic governments and nonstate actors that work for democracy and human rights and must extend solidarity to those who are victims of human rights violations at the hands of undemocratic regimes. I thank you, Chairperson. [Applause.]