2. Views expressed by member and observer States
of the Council on the review outcome
556. No views were expressed by States members and observers of the Council.
3. General comments made by other relevant stakeholders
557. The International Commission of Jurists welcomed the delegation’s interaction with the universal periodic review mechanism and drew attention to recommendations Nos. 1, 9, 23 and 29 and paragraph 26 of the summary of the debate. It was recommended, inter alia, to ratify the Optional Protocol to the Convention against Torture and review the legislation in order to protect fundamental rights of all persons independently of their migrant status. The International Commission of Jurists noted that the ratification and the implementation of the Optional Protocol to the Convention against Torture would help improve the conditions of detention in the Netherlands, in particular in detention centres for immigrants. As regards counter-terrorism measures, it stated that the law expanding the powers to investigate and prosecute terrorist acts came into effect in the Netherlands in February 2007 and that the Netherlands must respect human rights obligations when implementing anti-terrorism measures and bring all anti-terrorism legislation in line with human rights standards. The Netherlands is late in submitting its reports to the treaty bodies, and often reports only on the European part of the State; recalling that the
Committee on the Elimination of Discrimination against Women, the Committee against Torture and the Human Rights Committee have all urged the Netherlands to report on the human rights situation in Aruba and the Netherlands Antilles.
558. Aim for Human Rights reiterated the concerns that were prioritized by the Dutch coalition of 17 non-governmental organizations that are involved in the Universal Periodic Review process. This coalition stressed the importance of the participation of non-governmental organizations in all human rights debates. It noted that the Government has conducted an open dialogue with the non-governmental organizations, which is highly appreciated, but there are still concerns on substance. Aim for Human Rights stressed that the Netherlands should speed up ratification of important human rights instruments and comply with the recommendations made by treaty bodies. The coalition recommended the establishment of a national human rights institution in accordance with the Paris Principles before the end of 2008. It also stated that the Netherlands should develop and implement a holistic approach to preventing the spread of intolerance and discrimination on the grounds of religion, sexual orientation and ethnic origin, and that human rights education should be promoted in all schools.
559. International Association of Democratic Lawyers referred to the reported persecution of certain Filipino political exiles. Attention was drawn to the raids late last year on the offices and residences of the Negotiating Panel of a national liberation movement called the National Democratic Front of the Philippines. In light of the statement made by the Justice Secretary during the review, the International Association of Democratic Lawyers also asked how the Government’s commitment to respect human rights can be reconciled with what is viewed as unfounded arrest and labelling of asylum-seekers and what voluntary pledge the Government can make to guarantee that the legal processes are not affected by political interests.
4. Views expressed by the State under review
on the outcome and concluding remarks
560. The Netherlands concluded by repeating what the State Secretary of Justice had said in April. For the Netherlands, the universal periodic review was not a snapshot of a particular moment in time, but rather an ongoing process that should lead to a permanent focus on the promotion of human rights at the national level. The Netherlands therefore stated that it would not wait four years to write a new report for the next review, but would submit interim overviews to inform States and others on the implementation of recommendations and other relevant human rights developments in the Netherlands, including the pledges made when it submitted its candidacy to the Council. It stated that it would continue the dialogue that it has now started, including the one with civil society, and that it would include answers to the questions that were asked during the adoption of the outcome either in its first interim overview or in bilateral contacts to the extent that they had not already been addressed in its national report or in its response to recommendations.
561. Finally, the Netherlands thanked Nigeria, Pakistan and Peru, the members of the troika that had helped prepare the Working Group report on the Netherlands, the Council Secretariat and the staff of OHCHR.
South Africa
562. The review of South Africa was held on 15 April 2008 in conformity with all the relevant provisions contained in Council resolution 5/1, and was based on the presentation of the national report made by South Africa in accordance with the annex to Council resolution 5/1, paragraph 15 (a); the compilation prepared by OHCHR in accordance with paragraph 15 (b) (A/HRC/WG.6/1/ZAF/2); and the summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/1/ZAF/3).
563. At its 17th meeting, on 11 June 2008, the Council considered and adopted the outcome of the review on South Africa (see section C below).
564. The outcome of the review on South Africa is constituted of the report of the Working Group on the Universal Periodic Review (A/HRC/8/32), together with the views of South Africa concerning the recommendations and/or conclusions, as well as its voluntary commitments and its replies presented before the adoption of the outcome by the plenary to questions or issues that were not sufficiently addressed during the interactive dialogue in the Working Group.
1. Views expressed by the State under review on the recommendations
and/or conclusions as well as on its voluntary commitments
565. South Africa thanked the members of the Council and other participants for the active and interactive dialogue that was held on 15 April 2008, when the Working Group on the Universal Periodic Review reflected on South Africa’s national report. South Africa remains indebted to all those countries which demonstrated a keen interest in the affairs of South Africa, particularly at this critical stage of its development. Challenges abound in South Africa, which is a young democracy. It grappled with the challenge of having to reverse, in concrete terms, the negative effects of institutionalized forms of racial discrimination and dispossession which lasted well over 300 years, under successive oppressive colonial regimes and apartheid.
566. The South African struggle over this dark period was primarily the struggle for human dignity and equality, for democracy and the rule of law and for human rights and fundamental freedoms. South Africa is proud of the successes registered in the 14 years of its young democracy. As a deliberate Government policy, it embarked on a National Programme through the Parliament to repeal all the discriminatory legislation and to put in place a broad range of legislation promoting equality and dignity. The Government also put a particular emphasis on the rights of the vulnerable groups in the country, which during the apartheid era had suffered from multiple forms of discrimination.
567. Most of the recommendations proposed for South Africa require serious contextualization. Most of the recommendations have already been implemented through national legislation and policy programmes. It needs to be pointed out that the issue of corporal punishment in the home is being dealt with within the broader range of legislation covering domestic violence, i.e. the South Africa Domestic Violence Act. The Government has set up one-stop service centres (Thuthuzela Centres) where survivors of sexual assault can report crime, access specialist investigators and prosecutors and obtain medical care and counselling. The Department of Social
Development is in charge of implementing Social Development Programmes, which among others provides for social security and safety nets and other important services such as social grants for persons living with HIV and AIDS and other debilitating illnesses.
568. The Government has by legislation outlawed corporal punishment at school. It however acknowledges that there are isolated cases of non-compliance with legislation for which corrective measures are usually taken in accordance with the country’s Penal Code. The South African Schools Act focuses on the best interest of the child and respect for children’s dignity. South Africa promotes a human rights-based approach to all its educational policies, and these are strongly reflected into the National Curriculum Statement. This promotes the interests of the child and teaches the values of respect and dignity, diversity and non-discrimination. The Department of Education has initiated the Advanced Certificate Programme in Human Rights and Values Education for teachers, which is offered by universities, and enables teachers to act as champions for human rights in schools. Various other programmes contribute to this aspect as well.
569. Furthermore, the Department of Education has taken steps to ensure the right to education, and rights in education. Periodic reviews by the Human Rights Commission have ensured that these policies are effectively delivered. There is a racial integration strategy, an inclusive and non-discriminatory, non-religion policy in education, and a set of guidelines on managing sexual harassment in schools. These interventions are intended to ensure that no learner is unfairly discriminated against in education. The Bill of Rights is a constitutional imperative, and the Department of Education, working with religious leaders, has recently introduced a Bill of Responsibilities into schools, as a complement to the rights culture being established in the country.
570. School attendance in South Africa is relatively good, with universal primary education well established. A recent study on learner retention concluded that there is now near full enrolment until at least the ninth grade, after which there is a challenge regarding dropouts. However, at least 60 per cent of children complete 12 years of schooling. While financial constraints are cited as one reason for such dropouts, this has been alleviated through the following measures:
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40 per cent of schools have been declared “no fee schools”, in which parents are not expected to contribute anything towards the costs of education. This figure will be increased to 60 per cent in 2009.
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It could also be noted that the funding of public schools is heavily weighted towards the poor, with school funding dependent upon the poverty ranking of the school.
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At schools with tuition fees, a system of exemptions, based on family income, is in place to ensure that pupils are not excluded from these schools because of the inability to pay. The rule of thumb is that a family earning less that 10 times the school fee is fully exempted from fee payments.
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In addition, substantial loans and scholarships are made available to deserving students for study at the Further Education and Training College, at a university, or for teacher training. This has enabled large numbers of poor students to attend such institutions.
571. One seriously disturbing occurrence which shocked the conscience of an overwhelming majority of South Africans was the recent racial incident at the University of Free State in Bloemfontein. Through prompt action, the Government, upon recommendation of the Department of Education and other relevant stakeholders, decided to permanently close down the student residence at the University from which these acts were perpetrated.
572. In South Africa, everyone has the right to equal protection and benefit of the law. No one may be discriminated against on any ground. The Constitution extends this protection to all groups, including persons with alternative life and sexual orientations. Successful cases have been adjudicated upon by the South African Constitutional Court where discrimination on some of these grounds could be proven.
573. The Government is in the process of preparing legislation aimed at criminalizing all acts that are repugnant and demeaning of dignity in society. The areas covered in this regard include acts of racism, torture, cruel, inhuman or degrading treatment or punishment, as well as enforced disappearance. Some of the Bills are already at the stage of public consultation. The South African extradition policies are premised on the principle of non-refoulement. Just last week, the Government received the Counter-Terrorism Committee Executive Directorate as part of the Security Council’s evaluation of South Africa’s respect for human rights and fundamental freedoms while countering terrorism.
574. The Government of South Africa is on record as having publicly deplored the recent acts of violence against foreigners in the country by individuals and groups, ostensibly motivated by xenophobia. The prompt and decisive intervention by the Government against individuals and groups responsible for these violent acts of xenophobia manifestly demonstrates that what happened cannot be described as State-sponsored xenophobia. In acknowledgement that many African countries hosted and welcomed many South Africans as refugees in their countries during the dark days of apartheid, South Africans have lived peacefully with immigrants of all types over many years. Thus, the South African Immigration Act is premised on inclusivity. The Government uses the annual Africa Day celebrations as an occasion to promote diversity and multiculturalism.
575. Many of the special procedures of the Council who previously visited the country legitimately recommended to the Government to consider ratifying the International Covenant on Economic, Social and Cultural Rights. South Africa appreciates and welcomes this recommendation. The Government is currently looking at the appropriate structure which can be used as an “implementing agent” to coordinate the various rights resorting under this important instrument. The Government’s position is very clear that the enjoyment of civil and political rights is meaningless unless these rights are inextricably linked to economic, social and cultural rights. The Constitutional Court system, through its adjudications, has given international momentum to the notion of “justiciability” of economic, social and cultural rights. The delegation is currently spearheading an initiative within the framework of the Council aimed at the rectification of the legal status of the Committee on Economic, Social and Cultural Rights. It is one of the few advocates of a very strong optional protocol which would guarantee the true meaning of the practical enjoyment of economic, social and cultural rights, including maximizing remedies for the victims whose economic, social and cultural rights have been violated.
576. South Africa will update the Council in line with its voluntary commitments and pledges.
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