Every day, activists across Africa face perils that range from threats, harassment and frivolous litigation, to kidnapping and murder, simply for defending human rights. Busisiwe Kamolane-Kgadima, an attorney at the Centre for Applied Legal Studies (CALS), outlines what activists endure and indicates how the private sector can support them.
What is an activist, and what is the difference between an activist and a whistleblower?
An activist is someone who champions or advocates for economic, social and political change. Although the United Nations refers to “human rights defenders”, the term “activist” is deeply embedded within the South African context, which is why we continue to use it.
A whistleblower is usually an employee, an “insider activist”, who seeks to bring about systemic change in an organisation where something immoral or illegal is taking place. Whistleblowers usually do this by reporting the illegal or immoral conduct taking place within the organisation.
Has the victimisation of activists in South Africa intensified in recent years, and if so, why do you think this is? How does this compare with other parts of Africa, and globally?
In 2020, Global Witness reported that 277 activists were killed globally. Front Line Defenders reported that 358 activists were killed worldwide in 2021, 60% of whom were environmental activists. Attacks on activists in Africa persist, with an increasing number of activists being killed, kidnapped, harassed and unlawfully arrested. In South Africa, between 2020 and 2022, at least ten activists were killed.
There is also an increased restriction of civic rights across the continent. For example, The Criminal Law Codification and Reform Amendment Bill, “the Patriotic Bill” passed in Zimbabwe in July 2023 severely restricts freedom of expression and is a threat to activists in the country.
What are some of the ways in which activists are victimised, and how does it affect them and their families?
Activists face a variety of threats – for example, gender-justice activists are often highly visible online through the use of hashtags such as #MeToo and #AmINext? Consequently, they are more likely to be cyberbullied, discredited and threatened with rape and violence. Environmental and community activists frequently face death threats, harassment and unlawful arrest. Strategic Lawsuits Against Public Participation – so-called SLAPP suits – are also used to intimidate activists who seek redress.
Activists face dual attacks. They are confronted with systematic injustices against which they fight for change and, while advocating for these causes, are targeted and attacked. Many are also marked as “troublemakers” thus making it more difficult for them to secure jobs to support themselves and their families. Many whistleblowers lose their jobs and means of financial support, driving them and their families into poverty.
Briefly describe CALS’ research on activist victimisation and what some of your key findings have been.
In response to the crisis of an increased number of activists being attacked, CALS investigated and released a second edition report in October 2022 which documents the experiences of human rights defenders in five fields of activism in South Africa, namely environmental activists, whistleblowers, gender justice activists, community activists and student activists. Common trends identified in the victimisation of human rights defenders across these different fields of activism include harassment, intimidation, unlawful arrests, death threats and the use of legal processes to silence activists.
What are some of the strategies for combating victimisation?
South Africa has an obligation under its Constitution and under international law to protect and promote civil and political rights. The state must take steps to ensure the protection of civic space. The eradication of activist repression requires a multi-sectoral response.
Some of the measures that can be taken include improving police training, securing the arrest and prosecution of killers of activists, enacting anti-SLAPP legislation to combat meritless lawsuits and Chapter 9 institutions becoming more involved in protecting and supporting activists.
What role can the private sector play in combating the victimisation of activists?
The private sector can be pivotal to ending activist repression. The first step is to ensure its internal reporting and investigation mechanisms are effective, anonymous and that it offers whistleblowers adequate protections against harassment, bullying and dismissals. Secondly, companies whose business activities affect communities must look at how to improve their dialogue with communities.
Meaningful consultations with communities encourage an open civic space that helps contribute to building the constitutional principles of transparency and accountability. Thirdly, companies can also be perpetrators of activist victimisation. It is therefore important for the private sector to have honest conversations about its role and how it can contribute to ending victimisation.
Busisiwe Kamolane-Kgadima
Attorney, Research and Advocacy Coordinator at the Centre for Applied Legal Studies (CALS)
busisiwe.kamolane@wits.ac.za
https://www.wts.ac.za/cals/
Source: The original version of this article was published in the Trialogue Business in Society Handbook 2023 (26th edition).
