Apartheid Legislation in South Africa - Research Paper Example

? A COMPARISON OF APARTHEID IN SOUTH AFRICA AND SEGREGATION IN AMERICA CONTENTS INTRODUCTION 2. BACKGROUND 3. APARTHEID AND SEGREGATION 4. TRANSFORMATION 5. CONCLUSION BIBLIOGRAPHY 1. INTRODUCTION It has always been the practice of man to oppress one another. It is often due to a fear of change or a fear of the unknown. The oppression of one group by another is often harsh and continues on for long periods of time; this is a result of the fear that the oppression may be turned around and the victim may become the stronger power. It may also occur due to a belief that one group is inferior to the other. This was seen in recent history in which two major instances of oppression took place: Apartheid in South Africa and Segregation in America. Although, these countries are continents apart and had very different histories, they both practiced forms of oppression which led to the dehumanizing and harsh subjugation of the oppressed group. Apartheid and Segregation shared various aspects, but also demonstrated certain differences. The victims of oppression went about various ways to gain liberation in these countries. During this assignment it will be discovered how Apartheid and Segregation came into being. It will also be seen how these systems were implemented and what they entailed. Finally, the struggle for freedom will be looked at and how South Africa and America were turned into strong democratic countries. 2. BACKGROUND In April 1652 the first Europeans, the Dutch under the leadership of Jan van Riebeeck, landed in present day Cape Town and subsequently settled in South Africa. At first the plan was to set up a way station for ships that sailed from Europe to India. But later they wished to claim the land as their own; however, they discovered that there were local in habitants living on the land already, such as the Khoikhoi in the Cape region. For the most part these different groups coexisted; however, when the Dutch began expanding they began using the locals for slaves to aid in tilling farmland and tending to household duties. When the settlers began moving further into the country, annexing the land, they discovered more natives. Often these natives were reluctant to give up their land and several wars over land, water and grazing supplies broke out, such as the border wars against the Xhosa. This led to many deaths, bitterness and fear of one another1. The British were conducting the practice of Colonialism in various parts of the world and when it seemed as though Napoleon was taking interest in South Africa the British colonized the Cape in 1795. The first British settlers arrived in South Africa in 1820 and were given farmland by the colonialists. The Dutch, which were now known as the Boers, were forced to live under British rule. Their education was no longer in Dutch but only in English and they could only practice the Anglican form of religion and not their Neder Duitse form. The Boers were only involved in agricultural practices, making their financial standing far below that of the British and when slavery was abolished by Britain in 1834, the living standards of the Boers further declined. This led to the Groot Trek by the Boers. They embarked on a journey to find their own independent land. This led to the creation of the two Boer republics, the Orange Free State and Transvaal. The British also delegated certain land, which was known as reserves, for the black tribes to live in. Often these reserves were too small for all the people and the land was barren, making living conditions difficult. The British brought into being certain legislation which restricted the rights of Black and Indian people such as, the Natal Legislative Assembly Bill (1894), which deprived Indians of the right to vote; the General Pass Regulations Bill (1905), which prohibited blacks from voting, limited them to fixed areas and introduced the Pass System; the Asiatic Registration Act (1906) which required all Indians to register and carry passes; and the South Africa Act (1910) that enfranchised whites, giving them complete political control over all other races2. The discovery of diamonds in Kimberly [The Orange Free State] and Gold at Witwatersrand [Transvaal], led to an influx in British and other natives into the Boer republics. Finally, this came to a head and the Anglo-Boer war between 1899 and 1902 broke out in which the British and Boers fought over the land and independence. The British were well organized and had advanced military equipment; while, the Boers were in small bands which conducted guerilla attacks. The British put the Boer’s women and children in concentration camps where sickness and hunger reigned. This culminated in a British victory. In 1910 South Africa was declared a union and was given home rule by the British, basically giving South Africa independence3. Their experience of oppression with the British caused them to fear oppression by other groups in South Africa. Therefore, they carried on and intensified the oppression of the nonwhite groups in the country. The first explorers to America were the Spanish; they wished to find a route from Europe to Asia. In 1513 an expedition led by Juan Poncede Leon landed on the Coast of Florida and began exploring from there. Various other Spanish expeditions followed and the first Permanent Spanish settlement was established at St. Augustine in 1565. Meanwhile, various French were also exploring the land and the Huguenots fleeing Persecution in France settled along the coast of Florida. Many British who hoped for a new and richer life began traveling to America; however, due to disease many of them died and it was only in 1607 that a successful colony came into being at James Town which was commissioned by King James the first of England. The Dutch East India Company too became interested in America and Sent Henry Hudson on an expedition in which he explored the New York area and later established colonies along the Hudson River. As these four European nations sought to expand their colonies they inevitably came to odds with the native Indian tribes and numerous battles over land and resources took place. When an unsuccessful battle by native Indians was launched against the British in 1675, on defeat the British took the Indians as personal slaves. During 1754 and 1763, the Iroquois League, a collection of Indian tribes fought alongside the British against the French for rule over America and subsequently helped win the battle. By 1732, Britain had acquired the Dutch colonies and 13 formal British colonies had been established in America and by 1775 over 2.5 million Europeans resided in America. The colonies were divided into 3 main groupings, the New England colonies, the Middle Colonies and the Southern Colonies. Although, the colonies were mainly administrated by companies owned by the King, the colonies basically governed themselves as though they were common wealth states. Their religious and government practices were liberal for the most part accept the southern Colonies which adopted a more autocratic way4. After the British and French war in America, the British parliament and King attempted to gain more control over the American colonies by restricting land, applying heavy import taxes and charging levies for any stamps on legal documents in order to fund all Britain’s overseas colonies. After the Boston Tea Party in 1774, British Parliament imposed even harsher measures on the colonies; this led to the congress of 55 colonial leaders who came to an agreement that all colonies had the right to “life, liberty and Property” as well as the right to set their own internal taxes and policies. This in turn led to the formation of The Continental Congress which was the first unity attempt to govern the colonies and demand independence from Britain. Between 1774 and 1776 Britain sent troops to quell the uprising and the war of independence began led by George Washington as Commander in Chief. After various battles, the Declaration of Independence was signed on July 4 1776 by the 13 colonies. The Deceleration was drafted by Thomas Jefferson between 11 June and 26 June 1776. It declared the right to Liberty for all Americans and stated the grievances against British rule5. Still battle continued between the British and American colonies; finally on April 15 in Paris Britain signed a peace treaty with the American colonies, giving them independence. George Washington was elected President of a national Government on 30 April 1789 and a Constitution and Bill of Rights was created by all 13 states which were mostly democratic; thus, the United States was established. The first black slaves from Africa were brought to America in 1619. At first these slaves were indentured servants which could gain freedom. However, plantations in the Southern colonies were becoming more successful and workers were needed; thus, increased numbers of Africans were brought to America and became full slaves with no rights or opportunity of freedom. A number of slave codes were drawn up after 1705 which gave slave owners the right to whip, brand and maim slaves for punishment, because slaves were declared property of their owners. Any children born to slave women automatically became slaves themselves. After the Union of the 13 states, slaves were not given the same freedom as laid out in the Bill of Rights. In religious practices, slaves were allowed to attend church, but it had to be in a separate black section. This can be said to be the first real instance of segregation. Even after the importation of slaves was banned in 1808 the African-American slave population grew from 1.2 million to over 4 million at the start of the American civil war. The Southern states were reluctant to release their slaves for fear that they would arise and overrun white rule. After the Civil war [1861-1865] slavery was abolished in America, but segregation began in full6. It can be seen that in both America and South Africa inequality was brought about by foreign settlers and increased due to Britain’s involvement in these countries. Although, South Africa never really had a true history of slavery, it too viewed the natives as inferiors. In both cases the main reason for suppression was the fear that the natives in South Africa and the slaves in America would gain power and rule the white populace and in turn oppress them. A major difference is that In South Africa the native black population was far greater than the whites; while, it was visa versa in America. 3. APARTHEID AND SEGREGATION Apartheid officially began in 1948 after the National Party [NP] won the election and Dr. D.F. Malan became president. The NP won the election by promoting their “swart Gevaar” [Black Danger] campaign in which they highlighted the dangers of giving freedom and the vote to the nonwhite population. However, since the declaration of SA as a Union laws which undermined nonwhites were institutionalized such as the Native Land Act of 1913. This Act allocated certain land to the black people and prohibited the buying or selling of any other land by them. The total land they were allocated was only 13% of the total land mass. The Government also reserved jobs for white people, only allowing nonwhites to do certain low paying jobs. The Urban Act of 1923 further separated whites and blacks and required all black people to carry passes. These passes controlled their movements in the cities, allowing them only a certain time period in the cities for work purposes. It was only after 1948 that the word “Apartheid” was used to define the system and policies that governed the populace. The apartheid era was divided into two categories, “Petty Apartheid” and “Grand Apartheid”. Petty Apartheid aimed to keep whites and nonwhites as separate as possible in order to protect the wellbeing, living standard and culture of whites. Some of the Petty Apartheid laws which divided whites and nonwhites, further securing white domination and nonwhite oppression were: The Prohibition of Mixed Marriages Act [1949] and the Immorality Act [1950] which forbade marriages and any relationship or sexual activity between whites and nonwhites. The Reservation of Separate Amenities Act promoted a more public and social division by declaring certain areas such as Beaches and parks as “whites only” areas. Black people had separate toilets, entrances to public buildings, buses etc. to white people. The Population Registration Act of 1950 required all residents of South Africa to classified and registered under a particular race group: white, black or colored. This Act declared that one’s appearance and characteristics defined a person as a certain race, this sometimes led to confusion and people were classified as belonging to a certain race group due to their appearance even though they were not of that particular race. The Suppression of Communism Act [1950] saw the banning of the Communist Party in South Africa; it also gave the Government the ability to ban any parties or organizations that it saw as threatening. This act was further extended in 1960 by the Unlawful Organizations Act no34, which gave the Government the authority to ban those organizations who were working to abolish Apartheid, such as the African National Congress [ANC] and the Pan African Congress [PAC] who were the main parties who fought for freedom and equality of all races, which were banned 7 April 1960. Grand Apartheid involved certain legislation which totally separated whites and nonwhites ensuring that nonwhites followed a completely different life to whites. The corner stones of Grand Apartheid were: The Group Areas Act of 1950, The Pass Laws of 1952 and the Bantu Education Act of 1953. The Group Areas Act which was passed on 27 April 1950 was an extension of the Native Land Act of 1913 and the Urban Act of 1923. The best land and urban areas were declared as whites only land; while, the nonwhites were granted 16% of the rural land which was on the outskirts of the Metropolitan areas and minimal urban suburbs. This resulted in 80% of the population living in overcrowded areas which were inadequate for all these people’s needs. For the first time, this Act included colored people who were forced to live in designated areas. The Act allowed for forcible removal of those who were living in the wrong designated areas, this often led to the destruction of property and the splitting of families. Due to the location of the land granted to nonwhites there was a lack in amenities such as hospitals, police services and municipal services such as sanitation. This caused disease, squaller and crime to be rife in these areas. It also required nonwhites to travel far distances in order to work in the cities. The Group Areas Act also stipulated that nonwhites could not set up businesses in white areas. This retarded their financial growth, making the nonwhite areas even poorer. The Group Areas Act was extended under the leadership of Dr. H.F. Verwoerd who came to power in 1958. The promotion of black self-government act of 1958, divided the black population into 8 different ethnic groups. They were forced to live as different race groups in their designated areas which were now known as Homelands or Bantustans. Verwoerd’s idea was that these Homelands would embark on a separate development strategy. He guided the Homelands to set up their own governments, hoping that he could declare the Homelands separate and independent of white South Africa. Only four of the ten homelands had a full government system and were declared independent, these being Transkei, Venda, Bophuthatswana and Ciskei; however, they never gained international recognition. The homelands were politically week, because their leaders were guided by the National Government; their economies were almost nonexistent and their social infrastructure was minimal. All the homeland system really did was oppressing the black people even further. The Pass Laws of 1952 was an extension of previous pass requirements imposed by the British. The Law required all black people over the age of 16 to carry a 96 page pass book. The pass was similar to a passport in that it contained fingerprints, a photograph, address and other personal identification information. Most importantly it declared the race of the person and governed where, when and how long a person could remain in a white area. The pass also required that a black person only be allowed in a white area on a work purpose for whites. The pass had the name of the employer and the entire work history of the carrier in it. The pass also documented permission requested and denied or granted to be in a certain region and the reason for seeking such permission. The Pass Laws stipulated that a black person could not hold a work position higher than the lowest employed white person. If someone were found without a pass or a pass which was not up to date they could be imprisoned7. The Pass Laws were vehemently attested by black people, this led to the defiance campaign by the Anc between 1952 and 1954. More direct action was taken on March 21 1960 when black people in Sharpville demonstrated against the laws and burned their passes. The police retaliated and 69 people were killed and over 180 injured. By 1986 when the pass laws were appealed, over 17 million people had been arrested during the pass era8. The Bantu Education Act of 1953 was created by the government in order to enforce further divides between white and nonwhite education. The government took control of all nonwhite education institutions deeming what was appropriate for nonwhites to learn. The education was very basic and mainly prepared nonwhites to take on menial jobs. Very little was spent by the government on nonwhite education, making the facilities and quality of schools largely inferior to that of white schools. The government also ended funding to missionary schools, forcing them to close down or be sold to the government. In 1974 an act was passed which required all nonwhite education institutes to use Afrikaans and English in a fifty fifty ratio as the medium of instruction9. This led to the Soweto Uprising of June 16 1976 when students gathered in the township of Soweto to demonstrate against being taught in the oppressor’s language and to demand better education. The police attempted to use teargas and bullets to disperse the students, killing approximately 200 and injuring even more10. The riots spread all over the country and never quite died down until the birth of democracy in 1994. After the civil War in America, slavery was formerly abolished and the victorious Federalists began an age of Reconstruction for the country. The Reconstruction Amendments were adopted by the National Government after the war. They were intended to extend the rights of citizenship to African Americans. The Thirteenth Amendment (1865) abolished slavery; the Fourteenth Amendment (1868) extended equal protection of the laws of America to all citizens; and the Fifteenth Amendment (1870) ensured that the right to vote could not be denied on account of race, color, or previous condition of servitude11. This sparked great hope in the African Americans who had previously been enslaved and they demanded equal rights to education, living standards, facilities etc. However, the Southern states could not reconcile themselves to the idea of free slaves who were equal to their former masters. Gradually the Democrats began winning back the Southern states and from 1876 onwards the Jim Crow Laws were enacted by white Americans in order to separate the black people from the white people, in effect oppressing the blacks. The term “Jim Crow” originated from a song and dance created by the white Performer, Thomas D. Rice. The song and dance was meant to represent African Americans in a comical derisive manner and there after the phrase “Jim Crow” became synonymous with “African American”12. Various forms of sub ordinance were expected from blacks towards whites; for, the main belief was that whites were superior to blacks in all ways. Stetson Kennedy created a Jim Crow Guide which prescribed how black people were to behave towards white people, because not only was Jim Crow the enactment of oppressive laws but it was also a way of living and prescribed a certain etiquette that blacks should adopt. The main guidelines were: 1. Never assert or even intimate that a white person is lying. 2. Never impute dishonourable intentions to a white person. 3. Never suggest that a white person is from an inferior class. 4. Never lay claim to or overly demonstrate superior knowledge or intelligence. 5. Never curse a white person. 6. Never laugh derisively at a white person. 7. Never comment on the appearance of a white female. In 1896 the Constitutional Court legitimised Jim Crow for the entire country by ruling in favour of segregation in the PlessyV. Ferguson case which was a case in Louisiana which disputed the segregation of white and black people on public transport. The Court declared that as long as black and white people had the same opportunities then separating them from each other was not a criminal offence. Although, different states had different laws, many of them were similar and all aimed to keep black people separate from whites. The Grand Father Clauses were brought into effect, they stipulated that only those whose ancestors had voted before the Civil War were eligible to vote. Since, slaves had only gained freedom after the Civil War this effectively excluded all black people. Voters were also required to take a literacy test; due, to the reason that masters discouraged their slaves to learn how to read and write, this too provided another legitimate reason for denying blacks the vote. Other laws created separate facilities for black and white people such as: Separate toilets, entrances and exits to buildings, fountains, waiting rooms etc. Laws also prohibited the marriage and intimate relations between black and white people. If a restaurant wished to serve both black and white customers, a separate closed off area had to be provided for black people. These laws resembled Petty Apartheid in South Africa. Separation was also conducted on a larger scale with separate hospitals, prisons, separate private and public schools, separate living areas and other separation practices which isolated black people from white society. The facilities provided to black people were inferior in keeping with the belief that black people were inferior. Black people were relegated to living in very rural or small urban areas where the infrastructure was limited and in some cases nonexistent13. Often violence was used by the whites to intimidate and force the obedience to Jim Crow. The most common violent punishment was public lynching. Lynchings were conducted by white mobs and extremist groups such as the Ku Klux Klan. They were not punished by state authorities and in some cases they were even condoned. The bloodiest year was in 1919 when many race riots by whites took place in major cities such as Chicago, Illinois, Knoxville and Nashville. During these riots over 77 blacks were lynched and countless others injured in skirmishes. Black businesses and homes were also destroyed during the riots which left blacks even more economically and socially impoverished. Jim Crow Laws and etiquette continued until 1968 when the laws began to be appealed and black people finally won back their freedom. In South Africa, the nonwhites had never had the vote or proper rights since the European settlers came to the country; however, when slavery was abolished after the Civil War in America the black people knew equality and freedom for a while before it was taken away from them again. Many of the Acts of Apartheid and Jim Crow Laws were similar in their restrictions of nonwhites. However, due to the two countries different governing systems, Apartheid was practiced throughout South Africa in a systematically way; while, Jim Crow differed from state to state and often there were no nationwide oppressive laws. 4. TRANSFORMATION America’s black people gained their freedom from oppression and equality with white people twenty years before South African nonwhites. The ANC was formed in South Africa in 1912 and was the major party that thought for equal rights for all South Africans. At first their campaign, aided by other parties such as the PAC and the South African Communist Party, was a campaign of passive resistance. Passive resistance implied the boycotting of certain Laws such as the Separate Amenities Act. But, this campaign did little to move the national government and many passive resistors were imprisoned. As was seen after the Sharpville Massacre of 1960 the ANC and PAC were banned from South Africa, this made things difficult as the leaders of the parties were forced to work for change from outside the country. Mkhonto We Sizwe was a military wing of the ANC formed in 1961, meaning “spear of the nation”. It conducted a campaign of strikes in South Africa aimed at destroying white infrastructure such as electrical pylons, transportation vehicles and police stations. Most of their attacks took place at night in order to limit the loss of life. The National Government retaliated with curfews and house to house raids, making numerous arrests. In the 1980’s the townships erupted into many uncontrolled acts of sabotage and violence14. Finally, the ANC and National Government agreed to talks and in F.W. de Klerk’s opening of parliament speech in January 1990, he declared the end of Apartheid, the abolishment of all Apartheid Laws and the recall of all those parties who were exiled as well as the release of Political prisoners. Thus, on February 2 1990, Nelson Mandela, the man who had done much to bring about the end of Apartheid was released from prison. During the years 1990-1994 many conferences were held between the different parties in order to create a new constitution. On April 27 1994 the first free elections were held in South Africa in which the ANC won, making Nelson Mandela the first black president of South Africa. The National Association for the Advancement of Colored People [NAACP] was formed in 1909 by Du Bois and other activists who mainly fought segregation through the court and even managed to overturn certain racist laws. After World War I the demand for equality by black people intensified and a socialist party known as The African Blood Brotherhood was created which campaigned for equal rights through public means, sometimes turning to violence. After 1920 many blacks moved to the Northern states where they still endured oppression, but they still had the right to vote in those states; therefore, increased pressure was placed on all states to abandon Jim Crow. Two major figures played a role in gaining equal rights for blacks in America, they were Martin Luther King jr and Rosa Parks. They believed in passive resistance. Martin Luther King jr inspired the people through his speeches in particular “I have a dream” speech. This caused black people to stand up and demand their rights more vigorously. Rosa Parks on the other hand began challenging Jim Crow Laws by sitting in whites only seats on buses. This inspired other black people to do the same. Eventually in 1968 Jim Crow was abolished and the integration of black people into white society began15. 5 CONCLUSIONS Today South Africa has a strong democracy where all races and ethnic groups live together. Naturally some discord still remains, but this dwindles as the new generation comes into being. The major problem in South Africa is raising the living standard for the previously disadvantaged; for, they still live in rural areas with limited infrastructure and economical opportunities. Yet, every year is seeing the government dealing with these problems. It will still be some decades before South Africa can truly heal from the massive wound Apartheid caused in society. America has recently elected their first black president, Barak Obama. Blacks and whites now have equal opportunities and rights; however, certain class divisions still exist even after more than 40 years of liberation. Yet, the divisions are slowly closing up every year and it can be seen that America’s segregation wound too will heal. BIBLIOGRAPHY “Apartheid Legislation in South Africa”, [accessed 8 March, 2011] http//africanhistory.about.com/library/bl/blsalaws.htm. Elphick R. and Gilliomee, Herman. eds., The shaping of South African Society, 1652-1820.London: 1979. Frankel, P. An Ordinary Atrocity. London: Yale University Press, 2002. “Origin of Jim Crow”, [accessed 9 March, 2011] http//xroads.virginia.edu/hiper/Jacobs/hj-jcrow.htm. Sell, J.W. The Highest Stage of White Supremacy: The origins of segregation in South Africa and the American South. Cambridge, 1982. Swilling, Mark. State, Resistance and Change in South Africa. Croom Helm ltd, 1988. “The Declaration of Independence, 1776” [accessed 8 March, 2011] http//www.archives.gov/exhibits/charters/declaration.html. “What was Jim Crow?” [accessed 9 March, 2011] http//www.ferris.edu/jimcrow/what.htm. Zinn, Howard. A People’s History of The United States: 1492-present. Harper Perennial, 2003. Read More