Abstract

CHAMBERLAIN, Lisa. Assessing enabling rights: Striking similarities in troubling implementation of the rights to protest and access to information in South Africa. Afr. hum. rights law j. [online]. 2016, vol.16, n.2, pp.365-384. ISSN 1996-2096.  http://dx.doi.org/10.17159/1996-2096/2016/v16n2a3.

Many human rights have a dual value in that their realisation is both an important end, and a means to enable the realisation of other rights. The effective implementation of these kinds of rights is thus particularly important for advancing rights-based democracy. However, in practice, the implementation of such rights is often problematic. The article examines access to information and protest as examples of such 'enabling' rights. Drawing on the experience of communities and civil society organisations, it identifies and discusses some striking similarities in the way in which the legislation promulgated to give effect to these two rights in South Africa is being implemented, and argues that the problematic implementation of legislation is having the effect of thwarting these rights, rather than promoting them. Further, it argues that the existence of such striking similarities may point to a more systemic problem of civil and political rights failing to enable the realisation of socio-economic rights.

Keywords : access to information; protest; human rights; implementation of rights; Promotion of Access to Information Act; Regulation of Gatherings Act.

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