South Africa is often praised for its enlightening and progressive constitution. In fact we have without doubt one of the most progressive constitutions in the world. But so what? We also have one of the most frighteningly vulgar and violent cultures in the world where the lofty words of the constitution ridicule a reality long out of control. (In fact, experts believe that up to 40% of our youth are severely traumatised by crime).
The problem with our constitution was echoed in an article I read last year in the Economist which made the case against the plethora of social and economic rights ‘guaranteed’ by our constitution, arguing that the focus should rather be on implementable first generation rights. First generation rights are clear and simple – free speech, free elections, due process of law etc.
The social and economic rights are murky at best and impossible to deliver at worst – access to jobs, healthcare, housing etc – these are not ‘rights’. These are socio-economic trade-offs which should be decided at the ballot box. The Economist concluded that there are truly very few universal first generation rights and that we weaken them by multiplying them.
The current scenario where we have a constitution laden with so many progressive rights contrasted by some of the worst examples of human behaviour imaginable illustrates a gap between the rights our population demands and the responsibilities that they neglect (we see stories like this every day).
In an attempt to remedy this, South African Chief Rabbi Warren Goldstein has initiated a controversial Bill of Responsibilities for the Youth of South Africa. The idea is to place focus on the responsibilities that South Africans have towards one another. ‘Rights’ are by their very nature passive elements of society whereas responsibilities are elements that people can control. We all have the power to implement these responsibilities – unfortunately we have limited control over the protection of our ‘rights’.
Surprisingly, the bill has attracted a wave of criticism. Professor Mary Metcalfe of the Wits Education facility speaking to the Weekender says that there should have been a process through which South Africans could decide what values they support. I disagree. This ‘process’ would have only served to multiply and thereby weaken the responsibilities. What is wrong with acknowledging your responsibility towards ensuring human dignity, equality, ensuring the right to life, respecting the property of others etc? Is it the paradigm shift of viewing these values as responsibilities instead of rights which so annoys our educational elite?
To be sure, the Bill does deserve criticism in certain respects. Perhaps the language is too highfalutin for young learners to follow. I am also not a fan of the wording of the hot-air pledge that follows the Bill. Still, I find the criticism of the principle idea alarming. Education experts, according to the Weekender have described the Bill as a ‘damaging and desperate’ move.
Desperate? Of course we are desperate! Look around for God’s sake. Yesterday taxi drivers stripped, paraded and sexually assaulted women dressed in miniskirts – in broad daylight! Our society is sick and South Africa is dying. But damaging? How is this Bill of Responsibilities damaging? Why does the idea of placing real responsibilities alongside these mirage ‘rights’ so disturb our education experts?
The Bill has never been punted as a solution to our crime problem – it merely aims to connect the rights we all believe we deserve with the responsibilities we have in terms of those rights. It attempts to address the sickening value system plaguing large parts of our country.
I fully support this Bill of Responsibilities, at least as a starting point. I do however have reservations about the pledge that follows the responsibilities but this can be fixed (how many of us can even pronounce our motto - "!ke e: /xarra //ke" - which translated from Khoisan means 'diverse people unite').
You can read the Weekender’s report on the controversy here, and you can read the draft Bill by downloading this PDF document.
What do you think? Is this Bill damaging?
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