589. Human Rights Watch welcomed the important recommendations to address the problems of sexual violence, equal access to HIV retroviral treatment and the enhanced protection of those seeking safety from persecution. It noted that the treatment of migrants and asylum-seekers has become particularly relevant in view of the surge in xenophobic attacks. It noted that poverty has a strong rural dimension, and that South Africa’s Bill of Rights provides for binding and justiciable rights for all. It suggested that South Africa ratify the International Covenant on Economic, Social and Cultural Rights and ensure equitable access to antiretroviral treatment for all sectors of society. It regretted the absence of a recommendation on the prevention of evictions. It supported the recommendation made to provide victims of discrimination on the basis of sexual orientation more accessible and rapid remedies, and suggested strengthening the Sexual Offences Bill to include a comprehensive package of protection for child victims in
courts and to ensure that this bill is enacted without further delay. It believed that the review would be enhanced by broad and substantive participation and consultations with civil society and all branches of government.
590. The Centre on Housing Rights and Evictions welcomed the attention paid by South Africa to housing rights matters but was concerned that there were no recommendations on housing rights issues. It also expressed concern about the proposed amendments to the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act. A further cause for concern was a recently passed provincial legislation, the KwaZulu-Natal Elimination and Prevention of Re emergence of Slums Act, and it was disturbing that other provinces were looking to adopt similar legislation, particularly considering the ongoing legal challenge to the constitutionality of this Act. The Centre on Housing Rights and Evictions welcomed the recent historic judgement in the case of Mazibuko v. City of Johannesburg, which, inter alia, increased the minimum amount of drinking water the city is obligated to provide to low-income residents in Phiri township in Soweto. It expressed serious concern at the escalation of forced evictions in Durban and other cities, noting that in Johannesburg, the “urban regeneration” and gentrification of the inner city is leading to the eviction of hundreds of thousands of desperately poor people. It suggested that the Council record these concerns and that the Government address them without delay.
591. Amnesty International welcomed the recommendations on the rights of asylum-seekers and migrants. It noted that despite assurances by South Africa, the recent wave of xenophobic violence in May 2008 against victims identified by the perpetrators by their perceived ethnic origin or status as “foreigners” or asylum-seekers demonstrated a need for much better State policies. It suggested that South Africa ensure that those subjected to this type of violence and displacement are afforded effective protection and access to legal remedies and humanitarian assistance. It noted that a full, independent and impartial judicial inquiry must be conducted into the violence, including that by law enforcement officials. It noted that the elimination of discriminatory barriers to access to health services for people living with HIV/AIDS continues to be a key challenge. It suggested that the Government address inequities, arising from poverty and gender-based violence, in the access to prevention, treatment, care, and support for those at risk of or living with HIV/AIDS, with particular attention to women in rural areas. It also noted with disappointment the limited participation of representatives from the capital in the review.
4. Views expressed by the State under review
on the outcome and concluding remarks
592. In conclusion on the outcome review, the delegation of South Africa welcomed the opportunity to be reviewed as one of the first 16 States under the universal periodic review mechanism of the Council on 15 April 2008, at which it had the opportunity to present South Africa’s challenges, achievements and best practices to the Council and also to learn from the experiences of other member States. It also welcomed the active participation and collaborative spirit in which South Africa’s review was conducted, including the insightful comments and questions. The delegation noted with appreciation the very positive and constructive statements made in support of South Africa’s efforts to firstly achieve economic, social and cultural rights, especially from States which had experienced similar challenges in the past. Furthermore, the comprehensive reports and presentations by all States under review reflecting their achievements and best practices no doubt constitute valuable resources for countries that are looking for possible solutions to address their own challenges.
593. The review of the Czech Republic was held on 16 April 2008 in conformity with all the relevant provisions contained in Council resolution 5/1, and was based on the following documents: the national report submitted by the Czech Republic in accordance with the annex to Council resolution 5/1, paragraph 15 (a) (A/HRC/WG.6/1/CZE/1); the compilation prepared by OHCHR in accordance with paragraph 15 (b) (A/HRC/WG.6/1/CZE/2); and the summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/1/CZE/3).
594. At its 17th meeting, on 11 June 2008, the Council considered and adopted the outcome of the review on the Czech Republic (see section C below).
595. The outcome of the review on the Czech Republic is constituted of the report of the Working Group on the Universal Periodic Review (A/HRC/8/33), together with the views of the Czech Republic 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 (see also A/HRC/8/33/Add.1).
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