Racist slurs should be hate speech
The latest annual report of the Office of the Ombudsman says racial name-calling that undermines equality in Namibia should be labelled as hate speech.
According to the report the Ombudsman will research the possibility of additional legalisation that will address behaviour that undermines equal dignity and hinders achieving equality in Namibia.
The report says that racial name-calling like ‘kaffir’, ‘boesman’, ‘hotnot’, ‘boer’, ‘monkey’ and ‘baboon’ is not prosecuted as racial discrimination but as crimen injuria.
“The deep hurt caused by these abusive terms justifies labelling their use as hate speech,” the report states.
However, according to the report experience has shown that the previously disadvantaged prefer not to speak out against racism out of fear for victimisation, harassment and job losses.
“The criminal justice system discourages people to file criminal charges due to long delays in the finalisation of these matters. It is justified to state that the anti-discrimination law fails to bring about social change as it disempowers those who experience discrimination and forces them not to litigate and accept the stereotypes about them.”
According to the report, the criminalisation of racism and racial discrimination is not enough to effectively prevent it from happening. In compliance with its mandate under the National Human Rights Action Plan (NHRAP) the Ombudsman will therefore research the possibility of additional legalisation.
The report says that the promotion of Equality and Prevention of Unfair Discrimination Act of South Africa is a good example to imitate.
This Act and its regulations creates equality courts which deal with complaints expeditiously and with due regard to the need of access to justice to eradicate systematic discrimination and inequalities. They also award damages or order a respondent to apologise unconditionally to the complainant. The Ombudsman states that legalisation alone cannot prevent racism or racial discrimination.
Adequate laws, access to courts, a willingness to interpret the law broadly and effectively and a determination on the part of the courts to enforce the law, are all essential prerequisites for the eradication of racism.
Furthermore it points out that old patterns must be broken down and new patterns must replace the old.
“However, changing entrenched patterns of behaviour is not always easy. But we must develop methodologies for teaching people how to unlearn old patterns in order to learn and create a new culture of multiracial democracy.”
According to the report school children should be taught and sensitised from a tender age about the importance of equality and the value of non-discrimination on all grounds. The report adds that the Ombudsman should undertake an investigation into issues relating to racism and racial discrimination aimed to set out a comprehensive understanding of these issues and make recommendations how to prevent and combat this scourge.
ELLANIE SMIT
According to the report the Ombudsman will research the possibility of additional legalisation that will address behaviour that undermines equal dignity and hinders achieving equality in Namibia.
The report says that racial name-calling like ‘kaffir’, ‘boesman’, ‘hotnot’, ‘boer’, ‘monkey’ and ‘baboon’ is not prosecuted as racial discrimination but as crimen injuria.
“The deep hurt caused by these abusive terms justifies labelling their use as hate speech,” the report states.
However, according to the report experience has shown that the previously disadvantaged prefer not to speak out against racism out of fear for victimisation, harassment and job losses.
“The criminal justice system discourages people to file criminal charges due to long delays in the finalisation of these matters. It is justified to state that the anti-discrimination law fails to bring about social change as it disempowers those who experience discrimination and forces them not to litigate and accept the stereotypes about them.”
According to the report, the criminalisation of racism and racial discrimination is not enough to effectively prevent it from happening. In compliance with its mandate under the National Human Rights Action Plan (NHRAP) the Ombudsman will therefore research the possibility of additional legalisation.
The report says that the promotion of Equality and Prevention of Unfair Discrimination Act of South Africa is a good example to imitate.
This Act and its regulations creates equality courts which deal with complaints expeditiously and with due regard to the need of access to justice to eradicate systematic discrimination and inequalities. They also award damages or order a respondent to apologise unconditionally to the complainant. The Ombudsman states that legalisation alone cannot prevent racism or racial discrimination.
Adequate laws, access to courts, a willingness to interpret the law broadly and effectively and a determination on the part of the courts to enforce the law, are all essential prerequisites for the eradication of racism.
Furthermore it points out that old patterns must be broken down and new patterns must replace the old.
“However, changing entrenched patterns of behaviour is not always easy. But we must develop methodologies for teaching people how to unlearn old patterns in order to learn and create a new culture of multiracial democracy.”
According to the report school children should be taught and sensitised from a tender age about the importance of equality and the value of non-discrimination on all grounds. The report adds that the Ombudsman should undertake an investigation into issues relating to racism and racial discrimination aimed to set out a comprehensive understanding of these issues and make recommendations how to prevent and combat this scourge.
ELLANIE SMIT
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