SOUTH AFRICA'S INQUIRY INTO RACISM IN THE MEDIA: THE ROLE OF NATIONAL INSTITUTIONS IN THE PROMOTION AND PROTECTION OF HUMAN RIGHTS

Abstract

IT HAS BEEN WIDELY ACKNOWLEDGED that the South African Human Rights Commission's Inquiry into Racism in the Media was a watershed initiative in the annals of the nascent democratic South Africa. By undertaking the investigation, the Commission demonstrated the advantages of a nonjuridical approach to human rights promotion and protection. In particular, the mechanism of an inquiry serves multiple functions. It gives public expression to the values embedded in our Constitution and thereby it raised awareness of human rights. Second, it showed that ordinary South Africans who have reason to be concerned about violations of human rights would receive a sympathetic hearing. Finally, it demonstrated that everybody, however powerful, is subject to the law and the Constitution and can be made to account for their actions insofar as these affect the human rights of the others. The South African Human Rights Commission is an independent state institution established by law as provided for in the Constitution. National institutions for the protection and promotion of human rights are a recent development in international human rights practice. They have been established in order to ensure application of international human rights norms in the domestic sphere and to monitor the observance of human rights nationally. The United Nations General Assembly adopted the Paris Principles in 1993.1 The Paris Principles define the sphere of operation of national institutions and set out elements for the effective functioning of national institutions. Among these are independence,