Apartheid (; an Afrikaans〔(【引用サイトリンク】url=http://dictionary.reference.com/browse/apartheid?s=t&ld=1091 )〕 word meaning "the state of being apart", literally "apart-hood")〔Shore, Megan. ''Religion and Conflict Resolution: Christianity and South Africa's Truth and Reconciliation Commission''. Ashgate Publishing, 2009. p.36〕〔Nancy L. Clarkson & William H. Worger. ''South Africa: The Rise and Fall of ''. Routledge, 2013. Chapter 3: The Basis of Apartheid.〕 was a system of racial segregation in South Africa enforced through legislation by the National Party (NP), the governing party from 1948 to 1994. Under apartheid, the rights, associations, and movements of the majority black inhabitants and other ethnic groups were curtailed and Afrikaner minority rule was maintained. Apartheid was developed after World War II by the Afrikaner-dominated National Party and Broederbond organizations. The ideology was also enforced in South West Africa, which was administered by South Africa under a League of Nations mandate (revoked in 1966 via United Nations Resolution 2145),〔(【引用サイトリンク】url=http://daccess-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/004/48/IMG/NR000448.pdf?OpenElement )〕 until it gained independence as Namibia in 1990. By extension, the term is currently used for forms of systematic segregation established by the state authority in a country against the social and civil rights of a certain group of citizens due to ethnic prejudices.〔Merriam-Webster. Merriam-Webster, n.d. Web. 23 Feb. 2015.
Racial segregation in South Africa began in colonial times under the Dutch Empire, and continued when the British took over the Cape of Good Hope in 1795. Apartheid as an officially structured policy was introduced after the general election of 1948. Legislation classified inhabitants into four racial groups—"black", "white", "coloured", and "Indian", the last two of which were divided into several sub-classifications〔Baldwin-Ragaven, Laurel; London, Lesley; du Gruchy, Jeanelle (1999). ''An ambulance of the wrong colour: health professionals, human rights and ethics in South Africa.'' Juta and Company Limited. p. 18〕—and residential areas were segregated. From 1960 to 1983, 3.5 million non-white South Africans were removed from their homes, and forced into segregated neighbourhoods, in one of the largest mass removals in modern history. Non-white political representation was abolished in 1970, and starting in that year black people were deprived of their citizenship, legally becoming citizens of one of ten tribally based self-governing homelands called ''bantustans'', four of which became nominally independent states. The government segregated education, medical care, beaches, and other public services, and provided black people with services that were inferior to those of white people.
Apartheid sparked significant internal resistance and violence, and a long arms and trade embargo against South Africa. Since the 1950s, a series of popular uprisings and protests was met with the banning of opposition and imprisoning of anti-apartheid leaders. As unrest spread and became more effective and militarised, state organisations responded with repression and violence. Along with the sanctions placed on South Africa by the international community, this made it increasingly difficult for the government to maintain the regime. Apartheid reforms in the 1980s failed to quell the mounting opposition, and in 1990 President Frederik Willem de Klerk began negotiations to end apartheid, culminating in multi-racial democratic elections in 1994, won by the African National Congress under Nelson Mandela. The vestiges of apartheid still shape South African politics and society. De Klerk began the process of dismantling apartheid with the release of Mandela's mentor and several other political prisoners in October 1989.〔http://www.theguardian.com/world/2010/jan/31/nelson-mandela-de-klerk-apartheid〕 Although the official abolition of apartheid occurred in 1991 with repeal of the last of the remaining apartheid laws, nonwhites were not allowed to vote until 1993 and the end of apartheid is widely regarded as arising from the 1994 democratic general elections.
Under the 1806 Cape Articles of Capitulation the new British colonial rulers were required to respect previous legislation enacted under Roman Dutch law and this led to a separation of the law in South Africa from English Common Law and a high degree of legislative autonomy. The governors and assemblies that governed the legal process in the various colonies of South Africa were launched on a different and independent legislative path from the rest of the British Empire.
In the days of slavery, slaves required passes to travel away from their masters. In 1797 the Landdrost and Heemraden of Swellendam and Graaff-Reinet extended pass laws beyond slaves and ordained that all Khoikhoi (designated as ''Hottentots'') moving about the country for any purpose should carry passes.〔 This was confirmed by the British Colonial government in 1809 by the Hottentot Proclamation, which decreed that if a Khoikhoi were to move they would need a pass from their master or a local official.〔 Ordinance No. 49 of 1828 decreed that prospective black immigrants were to be granted passes for the sole purpose of seeking work.〔 These passes were to be issued for Coloureds and Khoikhoi, but not for other Africans, but other Africans were still forced to carry passes.
The United Kingdom's Slavery Abolition Act 1833 (3 & 4 Will. IV c. 73) abolished slavery throughout the British Empire and overrode the Cape Articles of Capitulation. To comply with the act the South African legislation was expanded to include Ordinance 1 in 1835, which effectively changed the status of slaves to indentured labourers. This was followed by Ordinance 3 in 1848, which introduced an indenture system for Xhosa that was little different from slavery. The various South African colonies passed legislation throughout the rest of the nineteenth century to limit the freedom of unskilled workers, to increase the restrictions on indentured workers and to regulate the relations between the races.
The Franchise and Ballot Act of 1892 instituted limits based on financial means and education to the black franchise,〔Gish, Steven (2000). ''Alfred B. Xuma: African, American, South African.'' New York University Press. p. 8.〕 and the Natal Legislative Assembly Bill of 1894 deprived Indians of the right to vote.〔Hoiberg, Dale; Ramchandani, Indu (2000). ''Students' Britannica India, Volumes 1–5.'' Popular Prakashan. p. 142.〕 The Glen Grey Act of 1894, instigated by the government of Prime Minister Cecil John Rhodes limited the amount of land Africans could hold. In 1905 the General Pass Regulations Act denied blacks the vote, limited them to fixed areas and inaugurated the infamous Pass System.〔Allen, John (2005). ''Apartheid South Africa: An Insider's Overview of the Origin And Effects of Separate Development.'' iUniverse. p. xi.〕 The Asiatic Registration Act (1906) required all Indians to register and carry passes.〔 Nojeim, Michael J. (2004). ''Gandhi and King: the power of nonviolent resistance.'' Greenwood Publishing Group. p. 127.〕 In 1910 the Union of South Africa was created as a self-governing dominion, which continued the legislative programme: the South Africa Act (1910) enfranchised whites, giving them complete political control over all other racial groups while removing the right of blacks to sit in parliament,〔Leach, Graham (1986). ''South Africa: no easy path to peace.'' Routledge. p. 68.〕 the Native Land Act (1913) prevented blacks, except those in the Cape, from buying land outside "reserves",〔 the Natives in Urban Areas Bill (1918) was designed to force blacks into "locations",〔Tankard, Keith (9 May 2004). (Chapter 9 The Natives (Urban Areas) Act ). Rhodes University. knowledge4africa.com.〕 the Urban Areas Act (1923) introduced residential segregation and provided cheap labour for industry led by white people, the Colour Bar Act (1926) prevented black mine workers from practising skilled trades, the Native Administration Act (1927) made the British Crown, rather than paramount chiefs, the supreme head over all African affairs,〔Baroness Young – Minister of State, Foreign and Commonwealth Office (4 July 1986). (South Africa House of Lords Debate vol 477 cc1159-250 ). Hansard.〕 the Native Land and Trust Act (1936) complemented the 1913 Native Land Act and, in the same year, the Representation of Natives Act removed previous black voters from the Cape voters' roll and allowed them to elect three whites to Parliament.〔(The Representation of Natives Act ). sahistory.org〕 One of the first pieces of segregating legislation enacted by Jan Smuts' United Party government was the Asiatic Land Tenure Bill (1946), which banned land sales to Indians.
The United Party government began to move away from the rigid enforcement of segregationist laws during World War II.〔Ambrosio, Thomas (2002). ''Ethnic identity groups and U.S. foreign policy.'' Greenwood Publishing Group. pp. 56–57.〕 Amid fears integration would eventually lead to racial assimilation, the legislature established the Sauer Commission to investigate the effects of the United Party's policies. The commission concluded that integration would bring about a "loss of personality" for all racial groups.
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