"The Earth is the mother of all people and all people should have equal rights upon it."
At the age of 30, the newly appointed Chief Joseph of the Wallowa band of the Nez Perce had little idea that he would hold the fate and lives of his people and his culture. He would spend the rest of his adult life fighting on their behalf all in the name of peace and human dignity. His story tells a heart wrenching journey of one man’s struggle to retain the identity of his people and become the voice of conscience during the last years of America’s war on the natives. Yet this life-changing vision of peace was not his own, it was passed down from his father.
Son of a Nez Perce chief during the United State’s westward expansion, Joseph was born at a time of many disputes over land treaties, which led to years of injustice and attacks from the American military. In 1871, Joseph became chief and worked hard to keep his tribe from retaliating against violence inflicted upon them. At one point, Chief Joseph negotiated a deal with the federal government that would allow his tribe to remain on their land; as was all too often the case in such situations, the government reversed the agreement three years later and threatened to attack if the tribe did not relocate to a reservation.
“We ask to be recognized as men. Let me be a free man…free to travel… free to stop…free to work…free to choose my own teachers…free to follow the religion of my Fathers…free to think and talk and act for myself.”
In 1879, Chief Joseph met with President Rutherford B. Hayes and plead on behalf of his tribe. For a quarter of a century, he was a great leader to his tribe and an eloquent public advocate, lashing out against the injustices and unconstitutional policies of the United States towards his people. He traveled around the country championing on behalf of Native Americans, peacefully fighting for equality and justice until the end of his life.
“If the white man wants to live in peace with the Indian…we can live in peace. There need be no trouble. Treat all men alike…. give them all the same law. Give them all an even chance to live and grow.” –Chief Joseph in Washington D.C. 1879.
http://www.mnn.com/earth-matters/politics/stories/8-great-heroes-of-human-rights
http://moralheroes.org/chief-joseph
Bill of Rights
Constitution of the Republic of South Africa, 1996 - Chapter 2: Bill of Rights
9. Equality
- Everyone is equal before the law and has the right to equal protection and benefit of the law.
- Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken.
- The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.
- No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection (3). National legislation must be enacted to prevent or prohibit unfair discrimination.
- Discrimination on one or more of the grounds listed in subsection (3) is unfair unless it is established that the discrimination is fair.
Right of Equality Explained
1. Everyone is equal before the law and has the right to equal protection and benefit of the law.
Being equal before the law means all laws may not unfairly discriminate against anyone. Everyone is entitled to equal rights and freedoms. This also means there should be equal representation on legislative bodies (in other words, bodies that make our laws). In this way we can make sure that all the different needs of the people of the country are shown in the laws.
The right to 'equal protection before the law' means people have a right to the same opportunities and to have equal access to resources, which would allow them to be equal in the future.
2. Equality includes the full and equal enjoyment of all rights and freedoms
The government must take active steps to change the inequalities of the past by passing laws that promote the achievement of equality. This is called affirmative action.
Affirmative action means taking positive action to protect or help a person or group who has been prejudiced or disadvantaged in the past. People sometimes call this 'fair discrimination'. Section 8 of the Constitution allows affirmative action. It accepts that if we want to achieve equality it will be necessary to take positive steps to help undo the imbalances and disadvantages for individuals and groups that were caused by discrimination and oppression in the past. But, the circumstances of the person or group must justify the affirmative action.
The Employment Equity Act puts the right to equality into practice in the workplace. The Employment Equity Act makes it compulsory for employers who employ more than 50 people to introduce affirmative action measures to fix past discriminatory practices. It says people from designated groups (black people - including African, coloured and Indian - women and people with disabilities) must be given equal employment opportunities and they must be equitably represented in all work categories and levels.
The Affirmative Action in the Public Service Act covers employment in the public sector (the government service). Under the Act all government departments must have affirmative action programmes. The affirmative action programme must set out steps to make the department more equally representative of previously disadvantaged groups (specifically black people, women and people who are disabled).
3. Neither the state nor any person can unfairly discriminate against someone, either directly or indirectly. It is against the law to discriminate against anyone on any of the following grounds:
It is not always the case that an action which treats people differently is an infringement of the right to equality. The Constitutional Court has decided that there are a series of questions that need to be asked before it can be found that a particular action amounts to discrimination. These questions are:
- Does the action differentiate between people or categories of people?
- If the action does differentiate, is there a rational connection between the action and a legitimate government purpose? In other words, does the government have a good reason for the action?
- Does the differentiation amount to unfair discrimination?
The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 creates a general prohibition against unfair discrimination and says what discrimination is against the law in different sectors of society including: in employment, education, health care, land, housing and accommodation, insurance, pensions, services, associations and partnerships, clubs, professions and the media. The Act defines each sector and says what discrimination is not allowed in each of these sectors. If someone is charged with unfair discrimination it is up to the person who is doing the discriminating (not the person discriminated against) to prove that the discrimination was reasonable and justifiable. The courts will decide if an action was unfair by looking at how the action affected the person bringing the claim The Act also says how people who have been discriminated against can be compensated for this.
Equality Courts can hear cases of discrimination and have powers to conciliate and mediate, grant interdicts, order payment of damages or order a person to make an apology. (See www.doj.gov.za and click on Equality legislation for contact details of Equality Court Managers in the different provinces).
http://www.paralegaladvice.org.za/docs/chap01/04.html
http://www.gov.za/documents/constitution/1996/96cons2.htm
Hope that you have enjoyed this lesson in history and law.
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