Durban — A call for the recognition of the indigenous rights of the country’s Khoe and San people is to be made to the Constitutional Court on Tuesday as the UN International Day of the World’s Indigenous Peoples is observed.
A march to the court by South Africa’s Khoe and San indigenous First People is to see the International Charter of Indigenous Rights presented to Chief Justice Raymond Zondo.
“After 342 years of colonial oppression, came a further 28 years of oppression under the ANC-led democratic government. As noted by the SA Human Rights Commission report to the United Nations, the genocide against us continues.
“We were excluded from the Codesa negotiations (1989-1992), the TRC (Truth and Reconciliation Commission), the 1996 SA Constitution, the Black Economic Empowerment Act of 2003 and the Land Expropriation Bill in 2021.
“Without our inclusion in the SA Constitution and socio-economic policy drivers of change our next generation will flounder in the rising poverty, inequality and unemployment while the neo-colonial democratic system remains unjust and illegitimate,” said Chief Neville Felix.
He said their call was for their indigenous rights to be recognised, equally applied and upheld by the country’s Constitution.
Felix explained that the call was based on UN General Assembly Resolution 1514 (UNGA), the UN Charter of Fundamental Human Rights and the implementation of these two universal human rights instruments through their special application to indigenous rights and indigenous decolonisation through the UN Declaration on the Rights of Indigenous People (UNDRIP).
They are also calling for the Constitution to correct historical injustices, enable deep healing and restore their rights, which include supporting the repeal of the 1913 cut-off date for land claims and implementation of the 2018 SA Human Rights Commission Hearing report.
Chief Billy Steenkamp said that in terms of UNDRIP, governments were obliged to consult on strategic socio-economic plans as well as on the use of or sale of land, water, mineral resources and state-owned enterprises.
“However, the ANC-led government continues to violate this by not consulting us on economic plans, mining permits, fishing quotas and land redistribution.
“We are being discriminated against, economically marginalised by the BEE Framework, our language remains unrecognised, our culture oppressed and leaders excluded from consultative processes for FPIC (Free Prior and Informed Consent) – (and) on a range of issues including LEWC (Land Expropriation Without Compensation, Article 25 of the Constitution).”
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