Yugendree Naidoo
Right to dignity violated, says HRC
The Human Rights Commission (HRC) released the results of its investigation into the Khayelitsha open-air toilet saga today (04/06/2010) following a complaint by the regional ANC Youth League in January.
The HRC broadly supported of the ANCYL’s claims that the provision of toilets without surrounding enclosures violated the rights to residents’ dignity.
The HRC’s findings come after ten days of protest, some of them violent, as residents of Khayelitsha’s Makhaza expressed their dissatisfaction with the provision of toilets in the area.
Violent clashes with police on Monday and Tuesday this week resulted in a total of 26 arrests, according to Khayelitsha police spokesperson Anneke van der Vyver.
The protests were sparked off on Monday May 24 when the city attempted to erect corrugated iron structures around the 51 toilets which remained unenclosed. A total of 1 316 toilets had been provided to households in the area with the apparent agreement that households would erect their own protective structures.
Although the HRC’s full report is only expected to be released next week, the initial findings and recommendations were released in the hope of quelling ongoing unrest.
The findings stated that the City violated residents’ right to dignity as envisaged by Section 10 of the Constitution by not enclosing the toilets.
Additionally, the commission also found that the consultation process with the community was inadequate on the city’s part.
The HRC recommended the city re-install 51 toilets which they had removed on Monday this week, and enclose them with brick and mortar.
City projects on hold pending the commission’s finding also had to be completed without violating residents’ “right to dignity”.
The national Department of Human Settlements and Department of Water Affairs also came in for criticism, with the HRC stating they should intervene more actively in all provinces to ensure the eradication of the bucket system and the sharing of communal toilets.
HRC chairperson Advocate Lawrence Mushwana said the use of corrugated iron enclosures was not acceptable as Makhaza was a high crime area and “you can shoot through corrugated walls unlike brick and mortar structures”.
Mayoral spokesperson Rulleska Singh said they had not received any formal report and would not take any action until they did.
Van der Vyver said there had been an incident during the “early hours” of the morning where residents attempted to burn tyres in Harare and police continued to patrol the area. – West Cape News
Copyright 2010 West Cape News
