24 August 2000
For the past few months the South African Human Rights Commission has been involved in a process of looking into racism in the media, culminating in the publication of this report: Faultlines: Inquiry into Racism in the Media.
The immediate genesis for this process was a complaint the Commission received sometime in November 1998 from the Black Lawyers Association (BLA) and the Association of Black Accountants of South Africa (ABASA) accusing two newspapers, the Mail and Guardian and the Sunday Times, of been guilty of racism in the way in which they reported on what was happening in our country, particularly where black people were the subjects of the stories.
After having seriously considered this request, the Commission decided that it would be in the interests of the media more generally and our society as a whole if the Commission did not focus solely on the request, but widen its scope to examine racism in the more media more broadly.
The Commission decided upon this approach for two main reasons. Firstly, it was deeply concerned about the phenomenon of racism as it was manifesting itself in our new democracy. A large number of the complaints that the Commission was receiving related directly to accusations of racism and racial discrimination – whether these be in our schools, on the farms in our country, in our national defence force, in the workplace. Given the legacy of apartheid, this was, of course, not surprising. The concern of the Commission, however, was the violation this represented of the rights in our Constitution, especially as these related to equality and dignity, and the inherent dangers this held for building a non-racial and democratic society. As we know only too well from our history – to borrow from the UN’s High Commissioner for Human Rights - today’s violation of rights are the causes of tomorrow’s conflicts.
But it was the second reason which was perhaps the more important in the context of what the Commission was hoping to achieve. As an independent national institution mandated in terms of our new Constitution to entrench our new democracy and to promote respect for, observance of and protection of human rights for everyone without fear or favour, the Commission saw this as an unique opportunity to begin a dialogue with our media on this very important question of racism in our society and the role that the media was playing in either combatting it or in promoting it. It made this decision not because it wanted to make a scapegoat of the media but because it was acutely aware – as is elaborated upon in the report – of the immense power that the media has to shape, influence and change public opinions, perceptions and consciousness.
This report then documents as carefully, honestly and objectively as possible the complete history of the Commission’s inquiry into racism in the media from the initial request received from the BLA/ABASA in November 1998 until the hearings which took place in March 2000.
The report is wide-ranging and covers a number of issues. The outcry that the Commission’s announcement to hold an inquiry into racism in the media provoked is gone into in some detail. The Commission felt obliged to do this because the media – with one or two exceptions - seriously called into question the Commission’s bona fides in wanting to conduct such an inquiry.
The report also deals quite extensively with the independent research commissioned, in particular the so-called Braude Report, where the Commission clarifies how and why this research was undertaken and also takes the opportunity to present its own position on this research.
Much of this report is taken up with the submissions and evidence presented to the Commission during the actual hearings. In large measure, the report allows this evidence ‘to speak for itself’, as it were, the Commission only commenting where it deems appropriate.
Amongst the many issues the Commission’s inquiry into racism in the media brought to the attention of the public, two stand out very prominently. The first related directly to definitional, political, ideological and philosophical questions around the meaning of racism, racial discrimination and racial stereotyping. In this report the Commission attempts to place before the public its understanding and interpretation of these questions. In particular, the report tackles directly the question of ‘subliminal racism’, seen by many as the leitmotif for this inquiry. The Commission hopes that its attempts to grapple with racial discrimination and racism as these manifest themselves in our young democracy will be received in the spirit in which it is intended, as the opening up of a debate and a dialogue and not as the final word on any of these matters.
The second issue concerned the relationship, inter-relationship and so-called balancing of rights provided for in our Constitution and Bill of Rights. Linked to this was an implicit questioning of the legitimacy of the Commission conducting such an inquiry.
Concretely, the Commission was being asked if its intention to hold an inquiry into racism in the media did not violate the right of the media to freedom of expression and whether, by this action, the Commission was not jeopardising its own role as the protector and upholder of all the rights in our Constitution and Bill of Rights? Was it perhaps being motivated by political considerations? And was it not acting in an ultra vires manner, in particular when it said that it would consider using its powers of subpoena if the media did not voluntarily cooperate with the inquiry?
Contrary to the perception that may have been created, these were difficult questions for the Commission and involved intensive soul searching within the Commission. The Commission has taken the opportunity to use this report to show the results of this process of debate and deliberation. We urge that the sections dealing with the legal, constitutional, moral and philosophical questions as these relate to building a culture of human rights in our country be carefully read.
Finally, the report details observations, findings and recommendations as these became apparent to the Commission during the course of the inquiry and evidence presented at the hearings. The Commission hopes that these observations, findings and recommendations will be widely discussed, that a consensus around them will emerge and that we will all work to implement them in building our democracy and entrenching a human rights culture in our country.
The Commission is proud of this report. From the inception, the Commission was convinced that it was motivated only by the highest regard and respect for the vision of a society founded on human rights and fundamental freedoms as spelt out in our Constitution and Bill of Rights, the highest law of the land. The Commission believes that this report shows that regard and respect and vindicates its motivation.
NB
Pityana
SAHRC, Johannesburg
24
August 2000