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

The South African Human Rights Commission (SAHRC) will host a two day Stakeholders Consultative Workshop on 5-6 December 2006 at its head office, 29 Princess of Wales Terrace, corner of St Andrews, Parktown, Johannesburg.

The workshop will review the SAHRC’s ESR monitoring regime to ensure that it is effective, efficient and more responsive to the expectations of stakeholders.

The Commission has been monitoring ESR rights since 1997 and is of the opinion that the current monitoring regime needs to be revamped fundamentally so as to make it more efficient and effective. The Commission, therefore, seeks to involve diverse stakeholders in a participatory process to craft a new monitoring regime.

Section 184 (1) (c) of the Constitution mandates the South African Human Rights Commission (Commission), to monitor and assess the observance of human rights in the Republic. The State on the other hand is required to respect, protect, promote and fulfil the rights in the Bill of Rights (see Sec. 7 (3) of the Constitution).

According to section 184 (3) of the Constitution, the Commission is obliged each year to require relevant organs of the state to provide it with information on the measures they have taken towards the realization of the rights in the Bill of Rights concerning housing, health care, food, water, social security, education and environment.

Since 1997, the Research and Documentation Department of the Commission has been monitoring and assessing the observance of socio economic rights. The current monitoring regime of the Commission includes desktop research, review of relevant documents such as Annual reports of the government departments, strategic plans, policy documents and Acts of Parliament. The monitoring process also includes the use of protocols or questionnaires to obtain information from the organs of the state.

In early 2006, the Commission initiated an internal review of the ESR monitoring regime. The review was motivated by a desire to make the Commission’s ESR monitoring regime more effective and responsive to the needs of the stakeholders.

An ESR monitoring concept paper has been developed and will be presented to the workshop by the ESR Unit of the SAHRC.

Released by

Lorraine Molepo

Acting DD: Media and Communications

Cell: 072 011 3621

Fax: (011) 643 6472

The South African Human Rights Commission (SAHRC) is hosting an Equality Indaba Two Workshop on the 23 November 2006, at its offices (no. 29 corner Princess of Wales Terrace and St Andrews street, Parktown, JHB).

The Equality Indaba Two Workshop will assess and monitor successes and challenges encountered by different stakeholders in implementing the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (Equality Act).

The SAHRC organised an Equality Indaba One Workshop in 2004. Although a successful venture, the workshop highlighted some challenges associated with the implementation of the Act. Given the fact that the Equality Act now celebrates five years since its enactment, the establishment of Equality Courts in the past three years and the finalisation of the drafting of regulations to the Act, the SAHRC saw a need to review some of those challenges and reflect on successes with the implementation of the Act through an Equality Indaba Two Workshop.

The Equality Indaba Two Workshop will reflect on the following:

-                      the successes and challenges encountered by different role players in implementing the Act;

-                      the extent to which intended beneficiaries benefited from the Act;

-                      the successes and challenges experienced in drafting and finalising regulations to the Act;

-                      make recommendations for proper implementation and enforcement of the Act; and

-                      the working relationship between the SAHRC and other stakeholders. 

The SAHRC through this workshop hopes to develop and produce a report capturing:

o        information which monitors the extent to which there has been successes and challenges in implementing the Act by different role players, for example, the NGO, Chapter 9 institutions and government sector;

o        information highlighting challenges and success by Heads of Courts in enforcing the Act; and

o        information assessing the extent to which the Act is able to achieve its goals and its accessibility to intended beneficiaries.

This workshop will be held for one day with participants from different organisations among others, the Commission on Gender Equality (CGE), Department of Justice (DoJ), the Commission for the Promotion and Protection of Rights of Cultural, Religious and Linguistic Communities (CRL), Tshwaranang, Faze II, Legal Aid Board, National, Provincial and Local government, Legal Practitioners and Academics presenting their experiences by highlighting both successes and challenges in implementing the Act, and assessing whether the Act has benefited its intended beneficiaries. An attendance of approximately 80 participants is anticipated.

Following Parliament’s decision to review State Institutions supporting constitutional democracy, an ad hoc committee headed by Prof Kader Asmal was established. The committee has to submit its report and recommendations to the National Assembly no later than June 2007. Institutions to be reviewed include the Public Protector, the Auditor-General, the Commission for Gender Equality, the Public Service Commission and the South African Human Rights Commission.

The objectives of the committee, as detailed in the Terms of Reference, include, amongst others, determining if the constitutional and legal mandates of these institutions are still suitable.

The Chairperson and members of the review committee have called on the public to make submissions on their observations about the activities of these bodies. In order to assist the committee and the general public in this process the South African Human Rights Commission has decided to collate the relevant documentation below:

Paris Principles
South African Human Rights Commission Act 54 of 1994

SAHRC Strategic Business Plan 06/07_08/09

Annual reports                     

1995/1996 (hard copy only)             

1996/1997 (hard copy only)             

1998/1999 

2000/2001

2001/2002           

2002/2003 (hard copy only)             

2003/2004           

2004/2005           

2005/2006

Commission's Decisions

Reports by the Commission 

Hard copies available at the SAHRC library   

OPCAT Roundtable Discussions Report (2006)

10-year review – Reflections on Democracy (2006)

6^th ESR Report (2006)

CERD_SA Shadow Report (2006)

Human Rights and Values_Seminar Report (2006)

Right to Basic Education_Hearings Report (2006)

Freedom of Expression Seminar Report (2006)