On 5 and 6 December 2006, the South African Human Rights Commission (Commission) hosted a consultative workshop on the Economic and Social Rights. In particular, the Commission presented a concept paper to its stakeholders of its monitoring framework for 2007–2009. The framework, Poverty, Inequality, the State and Human Agency, proposes to conduct, over a three-year period, a national landscape study and qualitative research to provide the experiential content to the landscape study. In the course of the three-year period, the preliminary findings will be included in the Commission’s annual Human Rights Assessment Report.

The proposed monitoring framework of the Commission represents a significant departure from the way in which it has monitored and assessed economic and social rights in the past. This was well received by stakeholders and much discussion was generated on the best path the Commission should take in order to achieve its monitoring objectives. There were divergent views and some of these focussed on the relationship between economic and social rights and civil and political rights; the development of minimum standards and the Commission’s mandate in respect of S 184 (3).

Despite the divergence, there was consensus that human agency should be central to the Commission’s monitoring and assessment framework. In this respect, there was consensus that the extent to which people are able to participate in the social policy process should be built into the framework.

The consultative workshop was a success as it assisted the Commission in refining its monitoring and assessment framework and to reconsider its approach. Furthermore, the inputs of participants were invaluable and reinvigorated the need for further advocacy, focussed research on economic and social rights, the importance of human agency and building stronger relationships with its stakeholders.

These and other issues will now have to be reviewed by the Commission through an internal process in order to appropriately operationalise its monitoring and assessment framework.

In conclusion, the shift in approach by the Commission is refreshing. In essence, the approach is that to ensure the progressive realisation of economic and social rights, it must go beyond rudimentary assessments. This will mean a proper understanding of the underlying imperatives as well as the social, political and structural impediments to the realisation of economic and social rights. In this way, it will be able to more significantly contribute to the discourse of human rights in South Africa.

For more information please contact

Lorraine Molepo (072 011 3621)

Fax: (011) 643 6472

E-mail: lmolepo@sahrc.org.za

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