Although founded on majority rule, a democratic society must recognize and apply individual, minority and group rights. In other words, majority rule must be understood within the context of the rule of law and human dignity… This resolves the tension between populism and human rights, since democracy must not be abused to diminish human rights, e.g. by legitimizing torture or capital punishment, even if public opinion could be invoked or manipulated to demand it. Thus, it is necessary to strengthen the enforcement of national and regional bills of rights to provide a process and atmosphere for democracy to flourish, ensured by an independent judiciary that provides the necessary protection of both majority and minority interests.
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By the principles of the Declaration of Independence, majority rule in a free society is not an end in itself, nor is it a source of the purposes served by free government. Majority rule exists to secure the rights with which all human persons are "endowed by their Creator." The recognition of the origin of these rights, in God and nature, comes before any action of any majority. Only as we all recognize that "the just powers of government" exist to secure the equal rights possessed by every human being, whether in the majority or minority, can tyranny be prevented.
Democracy is based on the majority principle. This is especially true in a country such as ours where the vast majority have been systematically denied their rights. At the same time, democracy also requires that the rights of political and other minorities be safeguarded. In the political order we have established there will regular, open and free elections, at all levels of government — central, provincial and municipal. There shall also be a social order which respects completely the culture, language and religious rights of all sections of our society and the fundamental rights of the individual. The task at hand on will not be easy. But you have mandated us to change South Africa from a country in which the majority lived with little hope, to one in which they can live and work with dignity, with a sense of self-esteem and confidence in the future. The cornerstone of building a better life of opportunity, freedom and prosperity is the Reconstruction and Development Programme. This needs unity of purpose. It needs in action. It requires us all to work together to bring an end to division, an end to suspicion and build a nation united in our diversity.
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The democratic political system owes its legitimacy to the capacity to guarantee and respect human rights in the best of fashions. That was the lesson of Chile. We have reappraised democracy because of what we have lived through as regards human rights. When we speak about human rights, the ethical basis of democracy is at stake.
In a perfect society, each citizen would understand the universality of truth and honor the rights and needs of others. A good society must be based on democratic principles, and yet when a democracy loses sight of the rights of its minority members and allows the wishes of the majority to control everything, there will always be problems. The rights of those who voted for the losing side of an election are fully as important as those who voted on the winning side. Objective standards of law and behavior must be respected at all times, and all members of any given society must be equal within those standards. When one group seizes power from another and flouts the basic rule of law, chaos inevitably follows. A good thing cannot come from a bad intention.
In a democratic republic, where the mass of the people of all parties have the same interest at stake, some respect must be had to the feelings and wishes of the minority, especially when that minority is large and clamorous; otherwise, it will be impossible to avoid discord, and discord weakens the bonds of union.
I believe that experience demonstrates that a democratic society that recognizes and enforces these basic rights—uncensored expression, freedom of conscience, due process, democracy, and equal protection of the laws—is preferable to a society that does not. That is my case for rights. That is why I have a strong preference for rights.
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