Violation of Human Rights. International Declaration of Human Rights. Article 17.
(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.
South Africa has signed and ratified a number of similar Treaties.
Expropriation – in particular if there is a racist angle – without compensation is illegal in international law. International Law is superior law – it takes precedence over national law.
Skending van Menseregte: Misdaad, martelings en moorde; swart bemagtiging; Afrikaans taalregteskending; ontneem/onteien van eiendom. Elke burger het die reg om grond of eiendom te besit, sowel saam met ander. Niemand mag van hul eiendom ontneem word nie. Ons het almal ‘n reg tot vrye ekonomie en vooruitgang, sonder diskriminerende wetgewing en veiligheid.
Suid-Afrika is deel van die Verenigde Nasies en het al die ooreenkomste onderteken, ook die menseregte oor Diskriminasie en Rassisme teenoor etniese volksgroepe sowel as die besit van eiendom.
Daar is oplossings vir ons om hieruit te kom en dit is om ons gebiede wat ons sin is, ten volle onafhanklik (selfbeskikking) kry. Elke volk het die reg om oor hulself te regeer en sake te bestuur.
Do you want to survive – we have to and we have a right to self-determination. Black empowerment is racism and discrimination – even on the sports field. Government and their liberal friends want to destroy everything from us and we allow them to do it.
On December 10, 1948, the UN General Assembly adopted the Universal Declaration of Human Rights. For the first time in history, it was officially and globally stated that all human beings have the same fundamental rights, irrespective of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Today, there are 193 member states (South Africa is one of them) of the United Nations in Africa. Most of them have signed and ratified many of the core UN human rights treaties. These treaties and other international instruments allow everybody to claim her or his human rights!
The Republic of South Africa is a member of the United Nations and the African Union. It has ratified many UN Human Rights Conventions (compare list on the right) and thus has made binding international commitments to adhere to the standards laid down in these universal human rights documents.
In as far as South Africa has ratified the Optional Protocols for UN Human Rights Conventions or has accepted the Competence of the corresponding UN Treaty Bodies (compare list on the right), the inhabitants of South Africa and their representatives are able to invoke their human rights through these bodies.
All inhabitants of South Africa may turn to the UN Human Rights Committee through procedure 1503, to the Special Rapporteurs for violations of specific human rights or to ECOSOC for women’s rights violations.
Since South Africa is a member state of UNESCO, its citizens may use the UNESCO procedure for human rights violations in UNESCO’s fields of mandate.
Employers’ or workers’ and certain other organizations (not individuals) of South Africa may file complaints through the ILO procedure in the cases of those conventions which South Africa has ratified.
Since South Africa is an AU member, its citizens and NGOs may file complaints to the African Commission on Human and Peoples’ Rights.
They may also file complaints according to the EU guidelines (on Human Rights Defenders, Death Penalty and Torture) to Embassies of EU Member States and the Delegations of the European Commission.
In cases of human rights violations by multinational enterprises, they may also invoke the National Contact Point in an OECD member state.
South Africa has joined the International Criminal Court, it may thus be called upon in case of severe crimes.
Definitions of the right to own property
The right to own property is enshrined in Article 17 of the Universal Declaration of Human Rights.
The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families contains this right in Articles 15, 21 and 32:
No migrant worker or member of his or her family shall be arbitrarily deprived of property, whether owned individually or in association with others. Where, under the legislation in force in the State of employment, the assets of a migrant worker or a member of his or her family are expropriated in whole or in part, the person concerned shall have the right to fair and adequate compensation.
It shall be unlawful for anyone, other than a public official duly authorized by law, to confiscate, destroy or attempt to destroy identity documents, documents authorizing entry to or stay, residence or establishment in the national territory or work permits. No authorized confiscation of such documents shall take place without delivery of a detailed receipt. In no case shall it be permitted to destroy the passport or equivalent document of a migrant worker or a member of his or her family.
Upon the termination of their stay in the State of employment, migrant workers and members of their families shall have the right to transfer their earnings and savings and, in accordance with the applicable legislation of the States concerned, their personal effects and belongings.
The right is also contained in Article 14 of the African Charter on Human and Peoples’ Rights:
The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.
The Complaint Procedure
The overall reference for this procedure of the Human Rights Council is the Universal Declaration on Human Rights, adopted and proclaimed by the General Assembly of the United Nations on 10 December 1948.
Implementation of the Procedure
The complaint procedure, also known as “procedure 1503”, is a universal mechanism bearing the number of the resolution by the former UN Commission on Human Rights which established it. The procedure is confidential and examines the human rights situation within a State. The Council therefore does not decide on individual cases. The individuals or NGOs who file a complaint will not be informed about the steps taken. Generally, they receive, as the only answer, a letter confirming the reception of the complaint. Anonymous complaints are not accepted.
The complaint procedure allows an examination of such complaints which reveal the existence of a consistent pattern of gross and reliably attested violations of human rights and fundamental freedoms. Once the Council received several individual cases which form a consistent pattern of gross systematic human rights violations which are reliably proved, it can decide to examine the situation of the human rights in the country concerned.
The complaint must comprise:
- The name of the author of the complaint, i.e. the name of the person(s) or organization(s) who file(s) the complaint. The claimant has to precise it clearly, if he or she wishes the case to be treated anonymously. However, despite all the precautions taken by the United Nations, a State can still ascertain the claimants identity (due to the facts mentioned in the complaint or by other means).
- The complaint must expose the existence of a consistent pattern of gross and reliably attested violations of human rights and fundamental freedoms.
- A description of the facts, comprising: the identification of the victims and suspects of the violation, accompanied by a detailed description of the events when the violation took place. This description must reveal the existence of a consistent pattern of violations.
- Apparent evidence, such as written declarations on the facts by the victims, their families or witnesses of the violation, or a medical report indicating the consequences of the violation. The evidence can be included in the complaint itself or attached to it.
- The complaint must indicate the rights which have been violated. It must clearly indicate the Article(s) of the Universal Declaration on Human Rights which the claimant considers to be violated.
- It must further indicate the purpose of the complaint, i.e. the reason for which it was filed. This purpose could be for example the wish for an intervention of the United Nations to terminate the violation.
- The complaint should demonstrate the exhaustion of all available remedies within the country.
The correspondence and inquiries relying on the complaint procedure should be directed to:
Commission/Sub-Commission Team (1503 Procedure)
Support Services Branch
Office of the High Commissioner for Human Rights
United Nations Office at Geneva
1211 Geneva 10
Fax: + 41 22 9179011
For more information, visit the UN’s website about the complaint procedure: http://www2.ohchr.org/english/bodies/chr/complaints.htm
The claimant could be informed about the course of his/her request, i.e. whether it has been accepted by the working groups and how they decided on it.