The FW de Klerk Foundation 2023 report card on cultural, religious and language rights
22 September 2023
On 24 September, South Africans will once again celebrate Heritage Day - which was established to give recognition to South Africa’s rich and diverse linguistic, religious and cultural heritage.
It also gives us the opportunity to consider the degree to which the cultural, religious and language rights in the Constitution are being observed in practice. The FW de Klerk Foundation has accordingly decided to publish a ‘Report Card’ on Cultural, Religious and Language Rights to assess the degree to which we are succeeding in assuring and promoting the rights of our cultural, religious and linguistic communities in accordance with the 15 provisions in the Constitution that deal with these rights.
The Report Card found that:
- South Africa performed best in terms of “the Right to Freedom of Religions, Belief and Opinion” and “Religious Observance in State or State-Aided Institutions”.
- It did well with regard to “The Right to use the Language of Choice” and the “Right to Establish and Maintain, at their own Expense, Independent Educational Institutions”.
- It performed moderately in the observation of “the Right to Participate in, and Enjoy, the Culture of Choice” and “The Right to Self-Determination" (although this right has never been tested).
- South Africa performed poorly in a majority of CRL Rights, including recognition of “South Africa’s Official Languages”; the “Promotion of Indigenous Languages”; “The Use of Official Languages by National, Provincial and Municipal Governments”; respect for the “Parity of Esteem for all Official Languages”; the efficacy of “the Pan-South African Language Board”; the availability of “Education in the Official Language of Choice in Public Educational Institutions”; and the efficacy of “the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities.
The Report Card also identifies the following five principal threats to CRL rights: