Equality, Human dignity and Freedom
by Damon Leff
She dwelt among the untrodden ways
Beside the springs of Dove,
A maid whom there were none to praise
And very few to love:
A violet by a mossy stone
Half hidden from the eye!
Fair as a star, when only one
Is shining in the sky.
She loved unknown, and few could know
When Lucy ceased to be;
But she is in her grave, and, oh,
The difference to me!
William Wordsworth
Do Witches benefit equally from the constitutional right to Equality, Human Dignity and Freedom of Religion and Belief? Yes and no!
From the preceding chapters I have demonstrated that the persistent reinforcement of traditionally held stereotypes regarding Witches permeates the society in which we live. The inherent bias in every sphere of civil society against Witchcraft in both black and white communities prejudges and prejudices citizens who are Witches. I have also demonstrated that this bias and prejudice against Witchcraft has been institutionalized in law (the Witchcraft Suppression Act and the Mpumalanga Witchcraft Suppression Bill) and state institutions established and intended to support constitutional democracy (the Commission of Gender Equality’s failure to identify the constitutional rights of an existing religious minority).
In chapter 2 of ‘A Pagan Witches TouchStone’ [46] I explored some of the religious and cultural beliefs that motivate societal prejudice against Witches. These ingrained beliefs, reinforced by successive generations through hearsay, urban legend, local folk-lore and cultural taboo are intentionally given legitimacy in law, academia and politics, and result in unfair discrimination against Witches.
Prejudice is an unfair, intolerant, or unfavorable attitude toward a group of people. Prejudicial beliefs are virtually negative stereotypes. Social scientists view prejudice as the possession of negative attitudes targeted against
members of a particular religious, racial, ethnic, social, and/or political group. These attitudes give rise to negative or unfavorable evaluations of individuals seen as belonging to that group. The perception that one belongs to a certain group is the precipitating factor in prejudicial feelings — not the actual
attributes or behaviors of the person being judged. [47]
Between 2000 and 2008 Witches in South Africa have directly experienced this unfair discrimination in a number of ways; the denial of service, the refusal of employment, and the refusal of membership and participation in organizations and government
programmes established with the express intent of promoting and encouraging religious equality.
Religious bias against Witchcraft also prejudices interactions between Witches and both state and private institutions established to protect or promote equality, and between Witches and political organizations, simply because such institutions and organizations are composed of people with both religious and cultural bias against Witchcraft.
The ongoing prevalence of Witchcraft related violence against non-Witches as the result of defamatory accusation in virtually every province raises legitimate concerns regarding the present and future safety and security of Witches who choose to make their religious affiliation public knowledge. How can citizens feel safe when they are afraid to tell others that they are Witches for fear of being scapegoated?
Scapegoating is the practice of blaming an individual or group for a real or perceived failure of others. It is not uncommon to blame others for our own mistakes, and especially to affix blame on those who are unable or unwilling to defend themselves against the charges. Minorities are often the targets of scapegoating. First, minorities are often isolated within society and are thus an easy target. Those in the majority are more easily convinced about the negative characteristics of a minority with which they have no direct contact. [48]
Is there a road-map to justice, equality and dignity for Witchcraft in South Africa?
What national policies and programmes could be developed to correct inequalities and prejudices to which Witches are subjected?
1. Rehabilitate discriminatory stereotypes
South Africans who already possess bias and express prejudice against Witchcraft will no doubt argue, and indeed have argued, that Witches who seek to rehabilitate existing negative stereotypes of Witchcraft are attempting to force a European
perspective and context on black South African cultures who regard Witches as a source of evil and harm. This unfortunate cultural bias, one supported by the African National Congress and its alliance partners, seeks to deny caucasian Witches the
right to dignity and equality. This racial prejudice against Witches of European descent seeks to negate the right of citizens born in South Africa to freedom of religion and belief.
Discrimination and scapegoating based on the tacit acceptance of negative stereotypes have served elsewhere as the precursors to persecution, violence, and genocide. They can not and must not be ignored or dismissed as non-issues. The
rehabilitation and restoration of human dignity for Witches in South Africa depends on the introduction and institutionalization of positive stereotypes about Witchcraft.
To the extent to which government and institutions have reinforced these discriminatory stereotypes against Witches, government and institutions established to promote and support our constitutional democracy should be obligated to undertake national programmes of reconciliation to rehabilitate these stereotypes and to discourage prejudice against Witches and Witchcraft.
2. Institutionalize positive stereotypes
The Witchcraft Suppression Act 3 of 1957 must be repealed entirely on the grounds that it contributes toward the criminalization of Witchcraft in both law and public opinion.
Act 3 was created with the intention of suppressing indigenous African practices, practices incorrectly identified as Witchcraft. Traditional Healers have already publicly stated that they have never and do not identify their traditional African practices and religions as Witchcraft and regard the existence of Act 3 as prejudicial to their constitutionally guaranteed right to belief and religion.
The continuing existence of Act 3 criminalizes identified practices, some of which are associated with and practiced by both Traditional Healers and self-defined Pagan Witches. The Act criminalizes South African citizens who do self-identify as Witches and who do practice Witchcraft, by prohibiting anyone from professing to be a Witch or to practicing Witchcraft.
Act 3 of 1957 contradicts several sections of Chapter 2 of the Constitution of the Republic of South Africa (Act 108 of 1996), including:
A. Section 1 (a)
1. The Republic of South Africa is one, sovereign, democratic state founded on the following values:
a. Human dignity, the achievement of equality and the advancement of human rights and freedoms.
B. Section 3 (2) (a)
3. (2) All citizens are (a). equally entitled to the rights, privileges and benefits of citizenship.
C. Section 7 (1) and (2)
7. (1) This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.
(2) The state must respect, protect, promote and fulfill the rights in the Bill of Rights.
D. Section 9 (1) to (4)
9. (1) Everyone is equal before the law and has the right to equal protection and benefit of the law.
(2) 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.
(3) 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.
(4) 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.
E. Section 10
10. Everyone has inherent dignity and the right to have their dignity respected and protected.
F. Section 12 (1)
12. (1) Everyone has the right to freedom and security of the person.
G. Section 15 (1)
15. (1) Everyone has the right to freedom of conscience, religion, thought, belief and opinion.
H. Section 16 (1) (b)
16. (1) Everyone has the right to freedom of expression, which includes (b). freedom to receive or impart information or ideas;
I. Section 18
18. Everyone has the right to freedom of association.
J. Section 22
22. Every citizen has the right to choose their trade, occupation or profession freely.
K. Section 31 (1)
31. (1) Persons belonging to a cultural, religious or linguistic community may not be denied the right, with other members of that community
a. to enjoy their culture, practice their religion and use their language; and
b. to form, join and maintain cultural, religious and linguistic associations and other organs of civil society.
Chapter 2 of the Constitution of the Republic of South Africa recognizes and enshrines human dignity, the achievement of equality and the advancement of human rights and freedoms. Section 9(2)(4) of the Bill of Rights provides for the
enactment of legislation to prevent or prohibit unfair discrimination, to protect and advance persons or categories of persons disadvantaged by unfair discrimination, and to promote the achievement of equality for a specific historically disadvantaged religious minority.
The South African Pagan Rights Alliance and the South African Pagan Council have already requested the Minister of Justice and Constitutional Development to enact legislation to prevent and prohibit unfair discrimination against Witches. Such
legislation must not seek to regulate Witchcraft, but rather provide for the protection of self-defined Witches, to protect Witchcraft as a recognized religion, to prohibit discrimination against persons claiming to be Witches, or alleged to be Witches, or of practicing Witchcraft, and to prohibit the discriminatory use of the terms Witch and Witchcraft intended to defame or denigrate the dignity of citizens. [49]
3. Promote and support reconciliation
In accordance with Article 5 of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, Article 27 of the International Covenant on Civil and Political Rights, and Section 31 (1) of Chapter Two of the Constitution of South Africa, the South African government, in conjunction with institutions such as the Human Rights Commission, the Commission for Gender Equality, and the Commission for the Promotion and Protection of the Rights of
Cultural, Religious and Linguistic Communities, must promote respect for and further the protection of the rights of Witches by initiating information and education programmes to promote public understanding of Witchcraft in a non-discriminatory
and non-prejudicial manner. These programmes must acknowledge the legitimate concerns of Witches in developing national policies to correct inequalities to which Witches are subjected.
In conclusion, the right to life, liberty, equality, dignity and belief belongs to all South African citizens equally by virtue of birth. The recognition of these and other rights enshrined in the Bill of Rights are not apportioned on the basis of cultural affiliation or skin colour. The right to cultural prejudice is not enshrined in the constitution of South Africa.
No South African citizen may discriminate against Witches on the basis of religious or cultural bias or prejudice. No political organization may justify imposing prejudice and discrimination against Witchcraft.
Witches must rise to the challenge and demand equal consideration from the South African government. The future of successive generations of Witches demands that this generation not forgo, through fear or indifference, the obligation to defend and protect their birthright to equality and dignity.
References:
[46] A Pagan Witches TouchStone: Witchcraft and Witch hunts in South Africa
http://www.paganrightsalliance.org/A%20Pagan%20Witches%20Touchstone.pdf
[47] Definition of Prejudice
http://www.newworldencyclopedia.org/entry/Stereotype
[48] Scapegoating as a precursor to violence
http://remember.org/guide/History.root.stereotypes.html
[49] Proposed Witchcraft Protection Bill
http://www.paganrightsalliance.org/witchcraftprotectionbill.pdf
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