Apartheid’s shadow vs. America’s Stain: which country’s sex offender registry leads on human rights?

On one side we have the United States – the “land of the free”, “with liberty and justice for all” and the self-appointed global moral compass. On the other side we have South Africa, a nation historically scarred by apartheid, oppression and human rights violations. Which country is showing the world what real progress looks like? In this case, South Africa, is putting the U.S. to shame when it comes to respecting human rights and insight into effective criminal justice.

Earlier this year South Africa was supposed to publish its national sex offenders registry. Then it decided not to.

The South African justice system operates on the principle that offenders who have served their sentences should be allowed to reintegrate into society. Therefore, making the registry public could permanently stigmatize former offenders, never allowing them to function in society – thereby making everyone less safe. Also, making former offenders’ details public could lead to community-administered punishment and vigilantism. And finally, the Protection of Personal Information Act (POPIA) in South Africa protects all personal information, including those of a convicted criminal.

The U.S. loves to point fingers at other countries while ignoring its own sins. Lack of personal privacy, mass incarceration, and police brutality (think back a few weeks ago to Putnam County) are not relics of the past here, but ongoing crises.

The U.S. sex offender registry is a bloated, ineffective mess that violates human rights. It will one day become a stain in this country’s history. In the meantime, South Africa’s was clearly given some thought and consideration of its constitution.

It’s clear that in this case, South Africa is the one leading by example.