Experts of the Committee on the Elimination of Racial Discrimination Commend South Africa on the Adjustment of Apartheid-Era Laws, Ask Questions on Attacks by Political Groups on Foreigners and Proposed Measures Restricting the Rights of Asylum Seekers
The Committee on the Elimination of Racial Discrimination today concluded its consideration of the combined ninth to eleventh periodic report of South Africa, with Committee Experts commending the State on the adjustment of apartheid-era laws, and asking questions on attacks by political groups on foreigners and proposed measures restricting the rights of asylum seekers.
Verene Albertha Shepherd, Committee Chairperson, welcomed the adjustment of apartheid-era laws, and asked about awareness raising campaigns to address the ideologies that underpinned those laws. Régine Esseneme, Committee Expert and Country Co-Rapporteur, asked about reparations, including housing, that had been provided to victims since 2019.
Mehrdad Payandeh, Committee Expert and Country Rapporteur, said there were reports of under-policing of political groups that attacked foreigners, such as Operation Dudula, and the State party had not provided information on investigations of such attacks. What measures were in place to prevent discrimination and violence against non-nationals?
Bakari Sidiki Diaby, Committee Expert and Country Co-Rapporteur, said that a white paper had been published on immigration proceedings earlier this year. The white paper included proposals to restrict the rights of asylum seekers, including the right of freedom of movement. It also indicated that the State party intended to withdraw from the Refugee Convention. How did the State party plan to abide by human rights guarantees for refugees and asylum seekers? The period of public consultation on the document was too short; were there plans to extend it?
Introducing the report, Ronald Lamola, Minister of Justice and Correctional Services of South Africa and head of delegation, said significant progress had been made to implement the five-year National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance 2019-2024. The Government had set up the Rapid Response Mechanism Task Team in November 2021 to respond to incidents of racist and xenophobic offences. Since 2019, 32 anti-xenophobia campaigns had been conducted.
Mr. Lamola said work on the recommendations made by the Truth and Reconciliation Commission to provide victims with reparation was ongoing. Community rehabilitation and education assistance reparation for basic education as well as higher education were ongoing, while one-off individual reparation recommendations had been finalised. Currently, 137 cases concerning apartheid crimes were being investigated, with 18 finalised and 13 on the court roll. One matter was finalised with a murder conviction in November 2023, in which the accused was sentenced to 10 years direct imprisonment.
The delegation also stated that the Cabinet had condemned the actions of political groups such as Operation Dudula, which had attacked non-citizens. The Equality Court ruled on whether political actions were in line with the Constitution. There had been an increase in violent crime recently, which affected all ethnicities and groups. Most crimes of murder were based on competition for scarce resources. There were programmes promoting understanding of migrants and their harmonisation in society.
The white paper on immigration and citizenship had been gazetted for public comment for a period of two months, the delegation said. Once this process was over, the Government would draft legislation that combined existing immigration legislation into one legal document. Proposed legislative changes did not limit the right of asylum seekers and refugees to freedom of movement or education. They aimed to address abuse of the asylum system.
In concluding remarks, Mr. Payandeh said the Committee was aware of the challenges faced by South Africa and its legacy of apartheid and economic challenges. It was concerned by the recent rise of xenophobia in the State. This was a serious concern which required the attention of the State party. Mr. Payandeh thanked the high-level delegation for engaging constructively with the Committee and thanked all those who had contributed to the dialogue.
Mr. Lamola, in concluding remarks, said the Government’s various laws and interventions aimed to transform the country into one where all persons had equal opportunities. One of the challenges that the State had to confront was the immigration situation. The State respected its international obligations and the recommendations of its National Human Rights Commission. South Africa aimed to achieve the equal society envisioned in its Constitution.
The delegation of South Africa consisted of representatives of the Ministry of Justice and Correctional Services; Department of Basic Education; Department of Home Affairs; Department of Social Development; Department of Human Settlements; and the Permanent Mission of South Africa to the United Nations Office at Geneva.
The Committee will issue its concluding observations on the report of South Africa after the conclusion of its one hundred and eleventh session on 8 December. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s one hundred and eleventh session and other documents related to the session can be found here.
The Committee will next meet in public on Tuesday, 28 November at 3 p.m. to start its consideration of the combined twenty-third to twenty-fifth periodic report of Bulgaria (CERD/C/BGR/23-25).
Report
The Committee has before it the combined ninth to eleventh periodic report of South Africa (CERD/C/ZAF/9-11).
Presentation of Report
RONALD LAMOLA, Minister of Justice and Correctional Services of South Africa and head of delegation, said that in 2024, South Africa would be celebrating 30 years of democracy since the historic elections of 1994, and conducting its seventh round of national and provincial elections. South Africa’s unwavering support for Palestinian statehood had remained steadfast since the democratic Government came into power in 1994.
Significant progress had been made to implement the five-year National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance 2019-2024. The Government had set up the Rapid Response Mechanism Task Team in November 2021 to respond to incidents of racist and xenophobic offences. A data repository for the collection of disaggregated statistical data for the measurement of racism and related intolerance would be developed by the end of this financial period. Since 2019, 32 anti-xenophobia campaigns had been conducted. In March 2023, the National Assembly passed the Prevention and Combatting of Hate Crimes and Hate Speech Bill, the amendment of which was currently being considered. Its enactment would provide victims of hate crimes and hate speech with further legal protection and redress. During the period from 2014 to 2019, a total of 3,227 cases involving discrimination and hate speech had been registered in the Equality Court. Training on human rights was part of the basic training of police officers.
Work on the recommendations made by the Truth and Reconciliation Commission to provide victims with reparation was ongoing. Community rehabilitation and education assistance reparation for basic education as well as higher education were ongoing, while one-off individual reparation recommendations had been finalised. Currently, 137 cases concerning apartheid crimes were being investigated, with 18 finalised and 13 on the court roll. One matter was finalised with a murder conviction in November 2023, in which the accused was sentenced to 10 years direct imprisonment.
The Employment Equity Act 1998 prohibited discrimination at the workplace. In the last three years, the Public Employment Services Unit had registered 280,077 job opportunities on the Employment Services system of South Africa and placed 40,512 work seekers in registered opportunities. The amended Broad-Based Black Economic Empowerment Act of 2003 was enacted to establish a legislative framework for the promotion of Black economic empowerment. Despite 30 years of implementing affirmative action policies, South Africa still had a long way to go to reverse the legacy of apartheid.
To combat and end harmful cultural or traditional practices such as “ukuthwala”, the Government had conducted several awareness outreach campaigns. The number of child marriages had decreased from 1,984 in 2008 to 207 in 2021, showing the positive impact of the campaigns. The new Marriage Bill changed the marriageable age of both boys and girls to 18. The National House of Traditional and Khoi-San Leaders was currently conducting awareness raising and dialogues with communities to get their perspectives on the root causes of harmful traditional practices and how they could be resolved. The Customary Initiation Act 2021 regulated the customary practice of initiation and was aimed at the protection of the lives of initiates.
The composition of South African society, particularly with regard to race and gender, had to be broadly reflected in the judiciary. The Traditional Courts Bill of September 2023 provided a framework in terms of which disputes were resolved in terms of customary law. The Bill recognised the role of women in traditional courts and specifically indicated that the traditional courts needed to operate in line with the country's Constitution. The Beneficiary Selection and Land Allocation Policy mainstreamed vulnerable groups such as women, youth, and people with disabilities in the redistribution of land. In 2023, Parliament enacted the Land Court Act, which promoted the ideal of access to land on an equitable basis. South Africa was currently reviewing the Traditional and Khoi-San Leadership Act to enact the legislation in a manner consistent with the Constitution.
The State party had promulgated various laws, including the Immigration Act 13 of 2002, for the protection of the rights of migrants, asylum seekers, refugees and stateless persons. South Africa remained the most significant destination country in Africa, with around 2.9 million international migrants residing in the country. The Government had established a work visa vetting system that sought to penalise and discourage exploitative and discriminatory employment situations. In 2022, South Africa produced a National Migration Labour Policy to effectively manage the rapid expansion of international migration flows.
It would require ongoing work and the collective resolve of the Government and all social partners to eradicate over three centuries of colonialism and apartheid, and to achieve the ideals and vision of the State’s Constitution.
Questions by Committee Experts
MEHRDAD PAYANDEH, Committee Expert and Country Rapporteur, said the Committee welcomed the State party’s updated common core document, notably the inclusion of updated demographic statistics and of economic and social indicators. The Committee noted that the State party had implemented some of its recommendations made in the previous concluding observations. However, disaggregated data on non-citizens was missing from the common core document and the report. What measures were in place to collect such data? The classifications used to gather statistics were from the former apartheid era. Was ethnic data collected by the State on the basis of self-identification? Certain indigenous peoples were subsumed under the broad category of “coloured” or “Black”. Was the State party considering changing the classification system to formally recognise the Khoi-San and other indigenous peoples?
Less than half of Black South Africans knew about the Constitution, and there was reportedly no human rights or diversity education included in the school curriculum. Why was this? Were there plans to add such education? How did the State party ensure that school curricula promoted tolerance and non-discrimination? The “Equality Courts” were also reportedly under-used and not well known? Were there plans to address this?
The State party had a troublesome record of large-scale attacks against non-citizens. Measures to prevent these were rarely implemented. There were deeply entrenched stereotypes about non-citizens, who were made scapegoats for a wide range of problems in society. What had the State party done to implement the 2019 national action plan on preventing racism? What measures were in place to prevent discrimination and violence against non-nationals? The Committee commended the National Anti-Xenophobia Task Team and the early warning and rapid response mechanisms for addressing racial intolerance. How would these mechanisms prevent attacks against non-citizens?
There was typically a rise in anti-migrant sentiments in the lead up to elections. What would the State party do to counter anti-migrant sentiments in election campaigns? It was troubling that the State party could not provide information on prosecutions and convictions for xenophobic crimes. How was the State party addressing impunity for such crimes, monitoring cases of police brutality and corruption involving non-citizens, and preventing hate speech? How was the State party working to prevent vigilante attacks against non-citizens? Were non-citizens made aware of the Equality Courts? How were these courts used?
RÉGINE ESSENEME, Committee Expert and Country Co-Rapporteur, said the Committee had previously expressed concern about the absence of legislation on hate crimes and hate speech. The Committee noted that the Prevention and Combatting of Hate Crimes and Hate Speech Bill had been adopted by the National Assembly in 2023. It had since been amended, and amendments would soon be reviewed by the National Assembly. Had civil society organizations been consulted concerning the amendments?
The definition of hate crimes used in the legislation was not in line with the Convention. Would the State party bring the definition in line with the Convention? Did the Prevention and Combatting of Hate Crimes and Hate Speech Bill criminalise hate speech made by public figures and politicians? Had the constitutionality of the Bill been assessed? How could matters such as this be referred to the Constitutional Court? What measures were in place to tackle hate speech in the traditional and online media, particularly by politicians. Three hundred and sixty-four murders of white farmers had been recorded between 2016 and 2021. Illegal fires had destroyed over 100,000 hectares of agricultural land in October 2020 after incitement by a politician. What was the State party doing to prevent such hate speech and monitor the ideologies of political parties to ensure that they were in line with the Convention? What laws had been identified for repeal under the national action plan against racism?
BAKARI SIDIKI DIABY, Committee Expert and Country Co-Rapporteur, said the Committee had previously recommended that the State party develop measures to implement affirmative action mechanisms. Was there a coordination mechanism to ensure the implementation of the National Human Rights Commission’s recommendations in this regard? The Global Alliance of National Human Rights Institutions had called on the State party to give the Commission increased resources and a mandate to monitor places of detention. What measures were in place to implement such reforms? How would the necessary financial resources be provided to enable the national human rights institute to carry out its mandate?
The captain of the South African cricket team had been found innocent after being accused of racial discrimination. What investigations into this and other incidents of racial discrimination in sport had been carried out, and what sanctions had been imposed on perpetrators of racial discrimination? What efforts had been made to compensate the victims of apartheid? There was a city in South Africa which was almost entirely populated by white people. What measures were in place to put an end to the legacy of apartheid and redress historic incidences of violence?
GUN KUT, Committee Expert and Follow-Up Rapporteur, said the Committee’s concluding observations on South Africa were adopted in 2016, and an interim report was submitted in 2017. The two issues addressed in the concluding observations were the situation of the National Human Rights Commission and hate crimes and hate speech. The Committee had recommended that the State party implement the recommendations of the Commission and provide it with appropriate resources to allow it to implement its mandate. The State party had not indicated a willingness to do this. In March 2023, the State party passed the Prevention and Combatting of Hate Crimes and Hate Speech Bill, but it was currently under review. How long would the review process take? What amendments had been proposed? The content of the Bill needed to be in line with the Convention. Were there plans to make this Bill into law in full conformity with the Convention?
One Committee Expert said apartheid had been disappearing from the globe thanks to the efforts of South Africa and its late leader Nelson Mandela, but there had currently been a resurgence in racist thought. The Expert welcomed South Africa’s support for the Palestinian people and called for Israel to be held accountable for its actions. Committee Experts asked questions on actions taken by the State to sanction political groups that targeted migrants; and the meaning of ethnic classifications used by the State, including the term “ethnic minorities” used in the report.
Responses by the Delegation
The delegation said the Prevention and Combatting of Hate Crimes and Hate Speech Bill was published earlier, but it had been challenged in the Constitutional Court, delaying it. The revised Bill had been approved by the National Council of Provinces, and the National Assembly would soon vote on the Bill.
The Cabinet had condemned the actions of political groups such as Operation Dudula, which had attacked non-citizens. The Constitution protected freedom of speech and subjected all persons who committed crimes to the same punishments. The Equality Court ruled on whether political actions were in line with the Constitution.
There had been an increase in violent crime recently. Violent crime affected all ethnicities and groups. Most persons who had been murdered were Black South Africans. Murders were dealt with by the processes of the law. There was no orchestrated programme to discriminate against foreign nationals. There were programmes promoting understanding of migrants and their harmonisation in society. Attacks against migrants happened from time to time. These were typically related to competition for jobs and resources. The Government did not respond by deporting migrants on mass; its response was predicated by respect for human rights. Employers sometimes exploited undocumented migrants in the agricultural sector. The police carried out programmes to prevent violence against foreign nationals.
The Government would continue to work with the National Human Rights Commission to promote the Constitution. The State party’s financial resources had not been growing as desired in recent years. This affected the amount of funding that could be provided to the National Human Rights Commission, as well as other Government programmes. The Government would do whatever it could to ensure that the Commission could continue to function.
Several programmes had been developed to implement the national action plan on racism at the grassroots level. One example was the “Anti-Racism Week” commemoration. The rapid response mechanism to respond to incidents of racial discrimination had been set up, and the State had engaged with community policing fora to identify areas where there were threats of racial discrimination. More needed to be done to make people aware of the Equality Courts. Awareness raising campaigns on the courts had been convened in collaboration with civil society.
South Africa had diffused the values of human rights across its curriculum. In the life skills subject, human rights values were specifically addressed. A training programme called Teach for Respect had been rolled out in 10 of the State’s 26 universities. The lack of knowledge of the Constitution was a key challenge. The Ministry of Education was promoting the Constitution through the Anti-Racism Week and other awareness raising campaigns.
The State had mechanisms for documenting non-citizens, including the State census, which had recorded 2.4 million non-citizens in South Africa. Current legislation allowed for the registration of all new-born children, including the children of non-citizens.
Refugees and permanent residents qualified for almost all rights afforded to citizens, except for the rights to vote and to establish a business. The Border Management Act allowed the State to manage entry into the country while protecting the human rights of migrants. The Government had approved a white paper on immigration, which aimed to ensure the efficient management of asylum procedures and illegal entry into the country. South Africa did not refuse any child access to education, even children whose parents resided in the State illegally. South Africa had over one million asylum seekers and refugees; 84,000 asylum seekers and around 60,000 refugees currently had active visas. There were no camps for asylum seekers in South Africa. Refugees qualified for social security. Unaccompanied minors were addressed in the Children’s Amendment Act of 2022. Such children were treated on an equal footing with citizens.
Project 25 aimed to reform all laws that contained discriminatory provisions from the colonial and apartheid eras. This project had now concluded. The Constitutional Court currently had the power to order the revision of laws that had negative racial undertones.
The racial classifications used in South Africa were used to address the State’s historic imbalances. Indigenous peoples were included in the “Black” category as this was the category that was historically discriminated against. The State had abolished the quota system previously employed in sports. National sports teams’ ethnic makeup was now reflective of the ethnic makeup of society.
Questions by Committee Experts
MEHRDAD PAYANDEH, Committee Expert and Country Rapporteur, said there were cases where race played a role in violent crimes. Non-nationals, who were in a vulnerable position, seemed to be particularly affected by such crimes. There were concerns regarding several reports of incidents of racial discrimination and xenophobia. The Committee was not insinuating that the State sponsored such acts, but they needed to be addressed. There were reports of under-policing of political groups that attacked foreigners, such as Operation Dudula, and the State party had not provided information on investigations of such attacks. There was value in allowing indigenous peoples to self-identify as a special group.
RÉGINE ESSENEME, Committee Expert and Country Co-Rapporteur, said there was a law from 2000 that the State party said addressed hate speech. Could more information on this law and its relationship with the forthcoming Prevention and Combatting of Hate Crimes and Hate Speech Bill be provided?
GUN KUT, Committee Expert and Follow-Up Rapporteur, said the Committee noted the State party’s promise to support the National Human Rights Commission in any way it could. Mr. Kut said that the revision of the Prevention and Combatting of Hate Crimes and Hate Speech Bill was an opportunity to bring it in line with the Convention.
BAKARI SIDIKI DIABY, Committee Expert and Country Co-Rapporteur, said that the National Human Rights Commission had just been notified of a seven per cent reduction in its budget. How would the State party stop the depletion of the Commission’s resources? How would the State party protect human rights defenders, particularly those belonging to groups protected by the Convention? How did the curriculum address the State’s legacy of apartheid?
VERENE ALBERTHA SHEPHERD, Committee Chairperson, asked what “coloured” referred to in national statistics. What role did social intervention play in fighting crime? Ms. Shepherd welcomed the adjustment of apartheid-era laws. What awareness raising campaigns were in place to address the ideologies that underpinned those laws?
Another Committee Expert raised a question concerning the process of transforming ethnic representation in sports teams.
Responses by the Delegation
The delegation said South Africa would verify whether murders of white farmers were racially motivated. Most crimes of murder were based on competition for scarce resources. There were cases where employees had been murdered by employers due to labour disputes. There was no orchestrated programme by farm workers targeting farm owners on the basis that they were white. The State had an obligation to protect the human rights of all citizens equally and was deploying resources equally towards that aim.
The State party sought donor funding to support its National Human Rights Commission. Democracy could only be as strong as national institutions. Non-governmental organizations had free space to operate in South Africa. Human rights defenders had a space to operate and protest Government actions. History books gave a background of the history of apartheid and colonialism. Black South Africans were not interested in living in Orania, which did not prevent non-white persons from living in the city.
Questions by Committee Experts
MEHRDAD PAYANDEH, Committee Expert and Country Rapporteur, said the Committee acknowledged that, to address the history of apartheid, the State party had implemented specific special measures on a large scale, notably the Employment Equity Act and the Broad-Based Black Economic Empowerment Act. Were there any monitoring mechanisms in place and were the mechanisms regularly amended?
There was persisting inequality in employment along racial lines. What measures were in place to support access to employment for non-nationals? Many Black people and migrants worked in the informal sector in precarious positions such as street vendors. What measures were in place to provide these persons with social security and the right to basic labour rights, such as the right to form unions? Did the State party have data on incidences of discrimination acts in the workplace? How was the State party ensuring that workers had access to effective remedies?
The Committee had voiced concerns about disparities regarding access to quality education. There was a much lower participation rate for Black people in education above 15 years of age. Education was one of the largest spending areas for the Government. What plans were in place to redirect investments to ensure equal participation in education?
Were non-nationals eligible to apply for housing benefits? The majority of Black people were reportedly being systematically forced out of city centres. What measures were in place to address this issue? There was reportedly slow progress in land redistribution and restitution. What measures had the State party taken to increase the speed of such efforts?
Mr. Payandeh said the Committee welcomed the draft Prohibition of Forced Marriage and Regulation of Related Matters Bill, which aimed to combat ukuthwala. What was the status of the Bill and why had it reportedly stalled? Were specific reporting mechanisms for instances of uthukwala in place? Black and marginalised ethnic women and girls were disproportionately affected by poverty and precarious employment conditions, particularly as domestic workers. What measures had been taken to regulate occupational health and safety for domestic workers; prevent gender-based violence and sexual harassment at work; regulate minimum housing standards for live-in domestic workers; and to inform domestic workers of their rights and possibilities to file complaints or seek remedies for violations of their rights?
Several recommendations by the Independent Expert on the enjoyment of human rights by persons with albinism and by the Committee had not been addressed. Had the State party considered targeted responses to prevent violence against persons with albinism? What was the status of plans to establish a police database for cases involving persons with disabilities, including albinism?
The Traditional and Khoi-San Leadership Act of 2019 – lauded for its statutory recognition of Khoi-San communities – was declared unconstitutional in early 2023. What was the current status of the Act? Did the State party recognise the rights of indigenous peoples to self-determination, and in particular the principle of free, prior and informed consent regarding legislative or administrative decisions concerning them? The Convention was not only concerned with racist ideologies but also with the protection of racial minority groups. Economic problems led to racial and ethnic tensions. Decisive action was required by the State party to counter hate speech and attacks against non-nationals.
RÉGINE ESSENEME, Committee Expert and Country Co-Rapporteur, said the report lacked information on police violence. There were reports of police violence occurring against Black people, particularly during identity checks without prior suspicion in some provinces of South Africa. Reportedly, there had been 394 deaths as a result of police intervention and 302 deaths of people in police custody for the period 2016 to 2017, and less than half of these cases were investigated. What measures were in place to prevent the practice of racial profiling as well as the excessive use of force by law enforcement officers, and ensure the accountability of police officers for all incidences of discrimination violence? How many complaints, investigations, prosecutions and convictions had there been relating to incidents of discriminatory police violence and brutality?
The Truth and Reconciliation Commission had recommended investigating rights violations and abuses committed during the apartheid era, prosecuting perpetrators and providing reparations to victims. In the period under review, what actions had been taken and what results had been achieved in this regard?
BAKARI SIDIKI DIABY, Committee Expert and Country Co-Rapporteur, said that a white paper had been published on immigration proceedings earlier this year. The white paper included proposals to restrict the rights of asylum seekers, including the right of freedom of movement. It also indicated that the State party intended to withdraw from the Refugee Convention. Had an evaluation on human rights been undertaken in preparing the draft? How did the State party plan to abide by human rights guarantees for refugees and asylum seekers? The period of public consultation on the document was too short; were there plans to extend it?
What measures were in place to prevent and combat abuse and exploitation of migrant workers; ensure migrant workers’ equal access to education and health; and strengthen the legislative and policy frameworks concerning migrants, asylum seekers, refugees and stateless persons? Amendments to the refugee legislative framework in 2020 reportedly could be used to restrict asylum seekers’ rights to work and study. How were these amendments in step with international standards? Asylum seekers faced long waiting times and administrative obstacles and delays in renewing their documents. What measures were in place to assess the short-term visa system?
Non-citizens were required to contribute to the unemployment insurance fund. However, refugees and asylum seekers faced obstacles in seeking benefits from the fund. How was the State party ensuring that they could access these benefits without discrimination? South Africa had not ratified the 1954 Convention relating to the Status of Stateless Persons or the 1961 Convention on the Reduction of Statelessness. Did it intend to? What had been the results of measures to support vulnerable migrant children?
South Africa had one of the highest birth registration rates in Africa. However, there were legal restrictions on birth registration for unaccompanied migrant and refugee children. The law required a DNA test to register a child born to an unmarried South African father and a foreign mother, or to an undocumented mother. What measures had been taken to remedy this situation and ensure birth registration? Was the State party planning to adopt a statelessness determination process in line with international standards? What safeguards were in place to prevent statelessness for people benefiting from the Zimbabwe Exemption Permit scheme?
VERENE ALBERTHA SHEPHERD, Committee Chairperson, said she was troubled by violence against people with albinism. Had education and other policy measures been implemented to tackle the phenomenon?
Other Committee Experts asked questions on measures to implement the recommendations of the land audit, which found that Black people were underrepresented in ownership of land; measures to create jobs and provide occupational training for youth; fiscal and tax measures to create the necessary resources to implement special measures to address racial inequalities; complaints and convictions concerning abuse of the rights of persons with albinism and efforts to provide redress; measures implemented to support migrants in response to incidents of abuse in 2017; and the progress of the appeal of the case involving the “Economic Freedom Fighters” group.
Responses by the Delegation
The delegation said the Prevention and Combatting of Hate Crimes and Hate Speech Bill would be passed by the end of this year. The Bill’s definition of racial discrimination followed the Convention. Members of the public had been allowed to make comments on the Bill. The case involving the “Economic Freedom Fighters” group was still under appeal. Communities were trying to find solutions to labour and other disputes.
The State had redistributed around 2.7 million hectares of land. There were still challenges in this regard, and legislation would be implemented next year that aimed to resolve land disputes and further redistribute land to promote racial equality. The Government was acting in the interests of all racial groups.
Former references to “indigenous peoples” in State documents referred to the African majority. Non-African and non-white citizens were referred to as “coloured” due to the historical context.
In the 1960s, around one in 20 Black children completed 12 years of education, whereas that figure was now over 60 per cent. By 2012, enrolment in early childhood education had risen to 90 per cent, from 60 per cent in 2002. South Africa’s results in maths and science had improved rapidly over the past few years. There were more girls in secondary school than boys. The State party was working to support girls’ access to education. In 2021, a policy had been passed that prevented schools from excluding girls who became pregnant. Sixty-six per cent of all girls who became pregnant now returned to and completed their schooling.
South Africa supported around one million students in public universities, most of whom were Black Africans. There was currently a bill being considered that extended the minimum age for compulsory schooling from seven to six and increased the number of languages used in schools. The State party was measuring the development of children at age five and initiating a national nutrition programme for early childhood development centres. Admission policies for schools had been changed to allow for the enrolment of undocumented children. Such children benefitted from all State education support services. Drop-in centres provided educational and psychosocial support to vulnerable children, including migrant children, promoted their health, and provided economic support.
The State was engaging in dialogue with communities to address child marriages. The Marriage Bill was currently being tabled in Parliament. It criminalised any marriage of children under 18 years. The State provided family reunification services and education support for children affected by early marriage. Around 11,000 public comments had been received concerning the Marriage Bill. These had been reflected in the revised Bill.
The Refugees Act of 1998 regulated how the State processed asylum seekers. A permit was issued to all asylum seekers that legalised their stay in the country and enabled them to work, study and access financial institutions. There had been a decline in the number of asylum seekers coming into the country in recent years. A workshop had been convened recently on enabling foreign nationals to settle in the country. A related programme of action would soon be rolled out. The white paper on immigration and citizenship had been gazetted for public comment for a period of two months. Once this process was over, the Government would draft legislation that combined existing immigration legislation into one legal document. Proposed legislative changes did not limit the right of asylum seekers and refugees to freedom of movement or education. They aimed to address abuse of the asylum system.
The State was working to digitise the “notice of birth” system for children of non-nationals. There was no need for DNA testing for the registration of births within 90 days of the birth. These tests were required for registration after that period. The issue involving the Zimbabwe Exemption Permit was still before the courts. As the situation in Zimbabwe was no longer as volatile, South Africa planned to conclude the permit scheme.
A governance structure had also been set up to assess the implementation of the national action plan on racism. A follow-up study on implementation would be conducted after the plan concluded in 2024.
South Africa had established a national task force on albinism, which was tasked with coordinating the State’s measures to support people with albinism. The State’s white paper on the rights of persons with disabilities promoted the social inclusion of persons with albinism. A national action plan on albinism had also been developed. It focused on interventions to promote access to health, employment and justice for people with albinism. Awareness raising campaigns were also held on the rights of people with albinism. South Africa was a party to the International Convention on the Rights of People with Albinism.
The Constitution provided that everyone had the right to fair labour practices. The Government had put measures in place to combat the exploitation and abuse of domestic and undocumented migrant workers, including the visa vetting system. The State party planned to ramp up data collection on migrant workers and support their access to State services. Domestic workers were recognised in the National Minimum Wage Act. Legislation had been amended to ensure that foreign domestic workers could access all State benefits for workers. Workers could report cases of workplace abuse to State labour centres.
All victims of apartheid-era abuses identified by the Truth and Reconciliation Committee were paid reparations. Regulations on community rehabilitation had been finalised. The Prosecution Authority was working on cases of historic abuse from the apartheid era, but progress on these cases was difficult due to the time that had passed.
Follow-Up Questions by Committee Experts
MEHRDAD PAYANDEH, Committee Expert and Country Rapporteur, called for more information on the impact of special measures to promote equality in employment, on measures to prevent unemployment, and on the implementation of redress mechanisms for racial discrimination. The white paper on immigration did seem to include plans to restrict the rights of refugees and asylum seekers, such as withdrawing from the Refugee Convention. This would be a regression.
RÉGINE ESSENEME, Committee Expert and Country Co-Rapporteur, asked about actions to implement the recommendations of the Truth and Reconciliation Committee regarding the prosecution of apartheid-era crimes. What reparations, including housing, had been provided to victims since 2019?
VERENE ALBERTHA SHEPHERD, Committee Chairperson, said she noted good practices related to schoolgirls who became pregnant. What support was provided for such girls as well as for boys who became fathers?
Concluding Remarks
MEHRDAD PAYANDEH, Committee Expert and Country Rapporteur, said the Committee was aware of the challenges faced by South Africa and its legacy of apartheid and economic challenges. The Committee was concerned by the recent rise of xenophobia in the State. This was a serious concern which required the attention of the State party. Mr. Payandeh thanked the high-level delegation for engaging constructively with the Committee and thanked all those who had contributed to the dialogue.
RONALD LAMOLA, Minister of Justice and Correctional Services of South Africa and head of delegation, said the dialogue had been frank and robust. He thanked members of the country taskforce for their careful analysis of the State. Several programmes were in place that aimed to empower young people, but these were not enough. More efforts were needed to support youth employment. South Africa was emerging from a dark history of apartheid. In this process, conflicts sometimes arose. The Government’s various laws and interventions aimed to transform the country into one where all persons had equal opportunities. One of the challenges that the State had to confront was the immigration situation. The situation in neighbouring countries needed to be addressed through the immigration system. The State respected its international obligations and the recommendations of its National Human Rights Commission. South Africa aimed to achieve the equal society envisioned in its Constitution.
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