South Africa [cont'd, page 2]

Introduction

This is South Africa's National Action Plan For the Protection and Promotion of Human
Rights (NAP). It will be lodged with the United Nations on the 10th December 1998,
International Human Rights Day and the 50th Anniversary of The Universal Declaration of
Human Rights. In doing this, government responds positively to the recommendation of The  Vienna Declaration and Programme of Action adopted at the World Conference in Vienna, Austria 1993.

 The NAP is the product of many months of consultation and co-operation involving both
government and civil society. Government is proud of having followed this participatory
route. In developing a NAP that focuses on the promotion and protection of human rights,
government firmly believes that the process is as important as the outcome.

 In producing this document, government has also responded to the desperate call of our
people for a detailed policy and legislative programme to realise the fundamental rights and freedoms provided for in our Constitution and Bill of Rights.

 The Reconstruction and Development Programme (RDP) is the policy framework for the
realisation of the NAP. Integral to the NAP, therefore, is government's commitment to the
eradication of poverty and the end of discrimination and inequality. 

 The realisation of human rights, particularly socio-economic rights, requires public
expenditure to meet basic needs, develop infrastructure, promote growth and stimulate job
creation.

 Government has moved far along the path of re-prioritising its spending to meet the needs
and aspirations of the majority of our people. Social service expenditure now amounts to
nearly two-thirds of non-interest expenditure of government, and most of it is targeted at the poor.

In December 1997, Government published the Medium Term Budget Policy Statement. This document sets out the economic and fiscal framework within which the budget will be
finalised. The publication of a Medium Term Budget Policy Statement several months before each budget is a clear indication of our commitment to open and transparent government because it enables parliament, the public and representatives of civil society to:

          - participate in the budgetary process 
          - be informed of the existing economic constraints that frame the budget 
          - be aware of the policy choices that government is considering. 

 The NAP is a national initiative. And, it should be seen not only as a part of the process of democratisation of our country, but as an integral and indispensable part of it. 

 As a human rights policy document the NAP is at once all of the following: 

     A tool for evaluating our country's vision on human rights 
     A tool for evaluating our performance with regard to our international human
     rights obligations 
     A record of government's performance with regard to the promotion and protection
     of human rights 
     A tool for setting human rights goals and priorities within achievable time frames 
     A tool for planning the management of resources for the promotion and
     enhancement of human rights 
     A statement of strategies and measurable targets with regard to the protection and
     promotion of human rights 

While the elaboration, drafting and adoption of this document was based on extensive
consultation and active collaboration between government and civil society, the ultimate
responsibility for the implementation of the NAP rests with us, the government.

Government now commits itself to this NAP and commits the NAP to our people and to the international community.

Background

A Brief South African Human Rights History

South Africa has a long and tragic history of:
          - colonial conquest 
          - racial domination 
          - social injustice 
          - political oppression 
          - economic exploitation 
          - gender discrimination, and 
          - judicial repression 

One of the main casualties of this history was human rights. 

Previous governments, before the non-racial democratic election of April 1994, systematically violated the human rights of the entire black population. This large-scale denial of human rights reached its highest form in the system of apartheid - a policy of social engineering based on institutionalised racial discrimination. Apartheid was so thoroughgoing in its destruction of fundamental human rights and freedoms that the international community, through the United Nations, rightly declared it a crime against humanity.

But our country also has a long and proud history of struggle for:

          - the protection and promotion of human rights 
          - social justice and 
          - the respect of human dignity. 

This struggle was fought by ordinary women and men at great personal sacrifice, often with the loss of many lives. 

The non-racial democratic elections in April 1994 brought this history to an end and ushered in the beginning of a new era - the building of a united non-racial, non-sexist South Africa founded on democratic values, social justice and fundamental human rights and freedoms.

One the biggest challenges facing our new democracy is building a country that is fair to all of its citizens: a country in which all individuals feel and know that they are valued members of society, and that they have rights that:

          - respect human dignity 
          - promote human development 
          - foster human equality and 
          - advance human freedom. 

Until the democratic elections of April 1994, our country was not fair towards all of its
citizens. It discriminated against the vast majority of its people, black people in general and African people in particular. It systematically:

          - denied them their political rights 
          - it took away their land 
         -  placed huge obstacles in the way of their development 
          - discriminated against them in access to resources 
          - denied them equal access to education, training and employment and 
          - jailed and persecuted those who fought for justice and equality. 

We still live with much of this terrible legacy. We are still a fundamentally unequal and deeply divided society where there is race privilege on the one hand, and deep-seated structural inequality on the other. Not all of our people enjoy the human rights which were fought for and which many gave their lives for. The vast majority of our people live in abject poverty and in hunger. There is:

          - large-scale unemployment 
          - lack of access to land, property, resources, education, health care and
          social services 

Democracy is irreconcilable with racial inequality and social injustice. Democracy is
incompatible with poverty, crime, violence and the wanton disregard for human life.
Democracy is strengthened and entrenched when society is fully aware of its fundamental
human rights and freedoms and consciously lays claim to these.

Today our country is a constitutional democracy. The Constitution is the supreme law of the land and is adjudicated by the courts and ultimately by the Constitutional Court. The
Constitution also provides for the establishment of institutions to protect democracy and
promote human rights. Among these are:

     - The Office of the Public Protector 
     - The South African Human Rights Commission 
    -  The Commission for the Promotion and Protection of the Rights of Cultural,
    -  Religious and Linguistic Communities 
    -  The Commission for Gender Equality 
    -  The Auditor-General 
    -  The Electoral Commission 

These institutions are independent and impartial. They are accountable to parliament and
must do their duty without interference, fear, favour or bias.

The present government is the outcome of our people's struggle for human rights and human dignity. It is committed to the promotion and protection of human rights and to the
realisation of all our peoples' aspirations. It is committed to:

          - healing the divisions of the past 
          - establishing a society based on democratic values and social justice 
         -  laying the foundations for a democratic and open society where
          - government is based on the will of the people and where every citizen is
          - equally protected by law 
          - improving the quality of life of all citizens 
          - maximising every person's potential 
          - replacing a culture of violence and disregard for human life with a
          - culture of human rights and respect of the right to life 

We must build our new democracy fully conscious of our new regional and international
human rights obligations. Having regained our place in the international community, we must now also embrace our international responsibilities.

The Constitution and the Bill of Rights incorporate fundamental international human rights
as part of our law. In interpreting the Bill of Rights, our courts must consider international
law. Our country has therefore given its full and unequivocal support to the Universal
Declaration of Human Rights. We have signed all of the main international and regional
human rights treaties.

The election of a new democratic government, the adoption of a new Constitution, the
entrenchment of a Bill of Rights and our return to the international community together lay
the foundation for the establishment of a society based on:

          - equality 
          - dignity 
          - democratic values 
          - social justice 
          - fundamental human freedoms 
          - fairness to all of its citizens 

We have made a lot of progress towards achieving these objectives. But there is still much more to do. Widespread poverty inhibits the full and effective enjoyment of human rights. The huge gap between the rich and the poor, between the haves and the have-nots, which coincides with race, threatens the existence and survival of our democracy. We must alleviate it immediately and eradicate it as soon as possible.

This is why this National Action Plan is so important. It is a serious effort on the part of our government to address the legacy of the past by implementing practical and attainable plans for the protection and promotion of human rights.

The Vienna Declaration and Programme of Action - 1993

The National Action Plan For the Promotion and Protection of Human Rights (NAP) is
Government's response to the recommendation of The Vienna Declaration and Programme of Action adopted at the World Conference on Human Rights in Vienna, Austria in 1993. This requested that:

          "each State consider the desirability of drawing up a national
          action plan identifying steps whereby the State would improve
          the protection and promotion of human rights".

Our present government was not in existence at the time of the World Conference, but
members of our present government were invited to attend as special delegates.

Since coming into office our government has fully associated itself with The Vienna
Declaration and Programme of Action.

The Vienna Declaration and Programme of Action emphasises that all human rights are
universal, indivisible, interdependent and interrelated and that democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually
reinforcing.

In developing a National Action Plan, governments are called upon to:

          assess the current measures in place to protect and promote human rights
          identify areas that need improvement and 
          commit themselves to improving the protection and promotion of human
          rights.

Developing South Africa's National Action Plan (NAP)

The Concept of the NAP

South Africa has an appalling human rights record as a result of past:
          colonial domination 
          racial discrimination 
          political oppression 
          economic exploitation 

The challenges faced by our new democratic government are formidable on every front. The situation is made even more difficult by the fact that the former oppressed and historically disadvantaged have very high expectations of government.

Government now has to give concrete meaning to our accepted position that all human rights are universal, indivisible, interdependent and interrelated. We must reinforce the fact that respect for, and the protection, promotion and fulfillment of human rights are interlinked.

 In terms of our Constitution and Bill of Rights, government must:
          respect 
          protect 
          promote and 
          fulfill 

all human rights and freedoms equally. 

 This means that each of the rights in our Constitution and Bill of Rights can justly be
identified as a national priority. But, depending on where one stands in terms of class, race, gender and ethnic grouping, some rights seem to be more important than others. For example, some people see crime as the national priority. Other people see unemployment, land or the right to self-determination as national priorities. Yet other people see the protection of religious, cultural or linguistic identities as the national priority. But for most people, the national priority is undoubtedly the provision of basic needs, like water, food and social security.

In making its own 'choices' about setting national priorities, government faces great
difficulties and challenges. But it is nevertheless clear that we must prioritise if we are
actually going to reverse the legacy we have inherited. This is bound to upset and disappoint some people, but it must be done. So, what valid criteria for prioritisation can we use?

We will prioritise the greatest needs of the most disadvantaged and vulnerable people. This will mean emphasising the realisation of socio-economic rights. And we believe that we can justify this on the basis of our country's history of systematic discrimination and racial inequality.

Central to the NAP is the socio-economic inequality and structural disparity inherited from
the past. Income distribution in our country ranks among the most unequal in the world. Only a small share of the national income goes to the majority of the population. Black people are at the bottom of the income levels and generally, whites are at the top. 

 A report prepared by the World Bank in 1995 outlined these social and economic 
      inequalities
      as follows:
- Poverty in South Africa has a strong racial dimension. Nearly 95% of South Africa's poor are African, 5% are coloured; less than 1% are Indian or white.     Africans have nearly twice the unemployment (38%) of coloureds (21%), more than  three times the unemployment rate of Indians (11%), and nearly ten times the unemployment rate of whites (4%).

- Poverty in South Africa has a strong rural dimension. Some 75% of South Africa's poor live in rural areas, are concentrated in the former lands and TBVC states. Compared to the poor in urban and metropolitan areas, the rural poorr from higher unemployment rates, lower educational attainment, much lower access to services such as water and electricity, as well as lower access to productive resources. (Ministry in the Office of the President: Reconstruction and Development Programme, Key Indicators of Poverty in South Africa). 

      The social and economic imbalances between black and white people do not only pertain to income distribution, but also to many other socio-economic factors like:
                employment 
                housing 
                education 
                health 
                recreation 

      These imbalances have deprived, and continue to deprive, many South Africans, 
especially black South Africans, of the full and equal enjoyment of their fundamental human rights  and freedoms. They are also a constant threat to the social, economic and political stability of  our new democracy. 

      This means that our country needs to undergo a deep and thoroughgoing structural transformation. It also needs to build a culture of human rights. The two processes are inextricably linked. Without structural change, all talk of human rights is meaningless. But without entrenching a culture of human rights, structural transformation can become  another form of unfair advantage and discrimination.

      The National Action Plan is an integrated and systematic national strategy to help realise  the advancement of human rights in South Africa. At one and the same time it is:

- an audit of the human rights situation in our country that identifies areas
                in need of protection and improvement, 
- a commitment to concrete measures that can be adopted to build and
                entrench a culture of human rights for the enjoyment of all, 
- a framework for sustained and coordinated ways for the country as a
                whole to protect and promote human rights in the next three years, and 
- a serious effort on the part of government to address the legacy of
                apartheid. 

      The NAP presents an opportunity for identifying and agreeing on areas of cooperation
      between government departments and with, the private sector, civil society in general and  other role players, so that together we can improve the protection and promotion of human  rights in the country. 

      It will also be used by the government and the organs of civil society to monitor and  assess the observance of human rights, and to gauge the commitment of the government to the promotion and protection of human rights.

How the NAP was Developed

      Government consciously chose a participatory and collaborative approach to develop the NAP. The process began in May 1997 when the South African Human Rights Commission(SAHRC) called a National Human Rights Conference. Participants at the Conference were drawn from government, NGOs and national institutions. The Conference adopted a Statement and Programme of Action, which mandated the SAHRC to 'set in  motion the process leading to the adoption of a National Action Plan for Human Rights.'

      Over 30-31 July 1997, the SAHRC held a further consultative workshop on the NAP at the Technikon South Africa Conference Centre at Ormonde, Johannesburg. The workshop resolved that a NAP had to:

                make human rights policy, practice and advocacy more effective 
                help to make government, independent state institutions and NGOs
                mutually accountable 

      The workshop proposed a specific framework for the NAP. It was recommended that the  NAP Framework be officially adopted after consultation government departments and civil  society and presented to President Mandela.

      In October 1997, the Department of Justice and the SA Human Rights Commission called  a meeting at which a National Steering Committee for the NAP was formed. A process for broad consultation was mapped out, and the process for developing the NAP was started.

           President Mandela officially launched the process on the 10th December 1997,      International Human Rights Day, with the United Nations High Commissioner for      Human Rights, Mrs Mary Robinson in attendance. On the 26th February 1998, a draft framework document on the NAP was presented to a consultative workshop at the World Trade Centre in Kempton Park,  Johannesburg. On the 21st March 1998, South Africa's Human Rights Day, a draft Framework on  the NAP was presented to the Minister of Foreign Affairs (standing in for the President) by the Minister of Justice. On the 29th April 1998, Cabinet approved the Draft Framework of The National  Action Plan For the Protection and Promotion of Human Rights. Between April and October 1998 a series of consultative workshops were held  throughout the country.    In June a workshop on regional and international human rights instruments, documents and treaties was held at the Union Building in  Pretoria. The workshop was organised by the Co-ordinating Committee  of the National Action Plan and the Department of Foreign Affairs.           Various government departments, NGOs, Constitutional Court judges and academics attended. The focus of the workshop was on key international and regional human rights instruments, documents and treaties that are in the process of ratification by South Africa. These included: 
                                    - International Covenant on Civil  and Political Rights

                                    - International Covenant on  Economic, Social and Cultural
                                    Rights

                                    - International Convention on the Elimination of All Forms of
                                    Racial Discrimination

                                    - Convention Against Torture and Other Cruel and Inhuman or
                                    Degrading Treatment or  Punishment

                                    - Hague Convention on the Civil  Aspects of International Child
                                    Abduction

                                    - Convention on the Prevention and Punishment of the Crime of
                                    Genocide

                                    - Convention of the Nationality of   Married Women

                                    - International Convention on the Protection of the Rights of
                                    Migrant Workers and Members of  their Families

                                    - Convention Relating to the Status of Stateless Persons

                                    - Convention on the Political  Rights of Women

                                    - The African Convention on the Rights and Welfare of the Child

                In July a workshop on civil and political rights was held at the University           of Durban- Westville. Given the history of political intolerance and  violence in the province, and the re-emergence of these conflicts in the Richmond area, KwaZulu-Natal highlighted the need for government to protect and promote civil and political rights. The NAP workshop focused on key civil and political issues facing South Africa today. The themes that were discussed included: 

                                    - Civil Rights - the focus was on
                                    equality and discrimination. This
                                    included discussions on racism
                                    and racial discrimination, gender
                                    discrimination and the challenges
                                    faced by other marginalised
                                    groups. 

                                    - Political Rights and Freedoms -
                                    in view of the imminent elections
                                    to be held in South Africa, the
                                    focus was on political tolerance
                                    and the right to campaign freely.
                                    Discussions included issues of
                                    no-go areas. Other themes that
                                    were addressed included the right
                                    to protest; freedom of assembly,
                                    association and movement; and
                                    the right to vote.

                                    - Freedom of Expression - the
                                    themes explored included both the
                                    freedom and the responsibilities
                                    of the media. Other themes
                                    included access to information
                                    and issues associated with
                                    censorship and pornography.

                                    - Administration of justice -
                                    discussions focused on equality
                                    before the law, access to justice
                                    and the impact of crime on the
                                    freedom and security of people. 

          In August a workshop, co-hosted by the Oliver Tambo/UNESCO Chair of
Human Rights, was held in the Eastern Cape at the University of Fort Hare, Bisho Campus, on economic, social and cultural rights. The Eastern Cape is an area in South Africa that has inherited one of the worst economic legacies of apartheid. Former lands, such as the   Transkei and Ciskei, suffered through economic deprivation and a lack  of development. Local communities, NGOs and government structures  participated in the workshop. The workshop explored the following themes: 

                                    - Socio-Economic rights in our
                                    Constitution and Bill of Rights

                                    - Land and housing

                                    - Health and social security

                                    - Cultural Rights - the promotion
                                    and protection of existing
                                    cultural rights, such as language,
                                    heritage, religion, belief systems
                                    and customs

                                    - Children were identified as a key
                                    vulnerable group whose needs
                                    must be met to ensure the future
                                    growth and development of South
                                    Africa. The National Programme
                                    of Action for Children identified
                                    areas of priority.

                In September a workshop on the Right to Development, Self
                Determination, Peace and a Protected Environment was held in
                Mpumulanga. The workshop also focused on The African Charter on
                Human and Peoples' Rights. The themes for this workshop included: 

                                    - Self-determination and peace -
                                    the workshop discussed the
                                    conflicts that can be generated
                                    through ethnic, language and
                                    religious differences. Discussion
                                    focussed on the need to respect
                                    different cultures and promote
                                    awareness and understanding of
                                    the diversity that exists in South
                                    Africa

                                    - The African Charter- the African
                                    Charter was seen to promote a
                                    human rights agenda that was
                                    particularly relevant to our
                                    experience in the region. The
                                    monitoring of the Charter was
                                    seen as important and should
                                    include NGOs. The report writing
                                    process was identified as
                                    important and in need of
                                    co-ordination and co-operation
                                    of the various government
                                    departments.

                                    - Development and the
                                    Environment - discussions
                                    focused on the link between
                                    environmental protection and
                                    development. The important role
                                    of the private sector in the
                                    eradication of poverty was
                                    identified. Public awareness of
                                    environmental protection was
                                    seen as crucial, as was the need
                                    for public participation and
                                    community involvement in
                                    working towards the realisation
                                    of the right to a clean and healthy
                                    environment.

           During October 1998 a document drafting team carefully studied all the
           contributions made by the various government ministries and departments, the
           NGOs and members of the public. They incorporated them all into a single
           document - the Draft National Action Plan for the Protection and Promotion of
           Human Rights ( Draft NAP). 
           On the 4th November 1998 the Draft NAP was discussed by Cabinet and then
           officially adopted as South Africa's National Action Plan for the Protection and
           Promotion of Human Rights (NAP). 
           On the 5th November 1998 the NAP was introduced into Parliament by the Minister  of Justice. It was discussed by the Deputy Minister of Justice, various Members of  Parliament and the representatives of all the political parties. The document
           received the support of Parliament without dissension. 
           In November and December 1998 a national public awareness campaign was
           conducted to introduce the idea of the NAP for the Protection and Promotion of
           Human Rights to the general public. The Campaign placed special emphasis on
           informing: 

                children and young people 
                elderly people 
                people with disabilities 
                rural people 
                poor people 
                other vulnerable groups 

                Highlights of the campaign were:

                coverage in all the media, with special emphasis on community radio 
                a Human Rights Telephone Hotline 
                participatory workshops at schools, technikons and universities and in
                community centres 
                a wide distribution of pamphlets 
           On the 10th of December 1998, International Human Rights Day and the 50th
           anniversary of The Universal Declaration of Human Rights, the NAP was officially
           launched and presented to the nation. Copies of the document were made freely
           available amidst celebrations and more awareness campaigns 

                On the same day, the NAP was lodged with the United Nations as South
                Africa's official commitment to the protection and promotion of human
                rights.

THE ORGANISING STRUCTURES and the CONSULTATIVE PROCESS for
 DRAFTING THE NAP

NAP STEERING COMMITTEE            Convened by the Deputy Minister of Justice           Co-Convened by the SA Human Rights           Commission with the assistance of                   The NAP Co-ordinator and the                    NAP Assistant Co-ordinator                   and with representatives from:                      The National Parliament                     The Department of Justice             The South African Human Rights Commission                  The Department of Foreign Affairs                 The Commission for Gender Equality                           The NGO Sector

The Research Sub-Committee

The Strategic Sub-Committee

The Resources Sub-Committee

NAP CO-ORDINATING COMMITTEE Convened by the Deputy Minister of Justice with the ssistance of   The NAP Co-ordinator and the NAP Assistant Co-ordinator and with representatives from: Government departments and NGOs

The Planning Sub-Committee for the 10th December  Celebrations

The International Day Of No Violence Against Women Sub-Committee

Consultation process with government departments, the private sector and the NGOs

Broad consultation process with communities and individuals in civil society

A Public Awareness Campaign via the media, a telephone hotline and   Open Participatory workshops

Measures to Strengthen The Protection of  Human Rights

      Our country is a sovereign, democratic state founded on values that promote and
      protect fundamental human rights and freedoms. 

      Key measures to strengthen the promotion and protection of human rights include:

           The supremacy of the Constitution and the rule of law 
           The separation of the powers of government 
           Regular elections and a multi-party system of government 
           An independent judiciary 
           The establishment of state institutions to support constitutional democracy 

      The following state institutions have been created to support constitutional
      democracy:

           The Public Protector 

                She or he must investigate any conduct in state affairs or in public
                administration in any sphere of government that is alleged or
                suspected of being improper

           The South African Human Rights Commission 

                It must:

                promote respect for human rights 
                engender a culture of human rights 
                monitor and assess the observance of human rights in the country 

                The Bill of Rights provides for binding and justiciable economic
                and social rights on:

                The environment (Section 24) 
                Housing (Section 26) 
                Health care, food, water and social security (Section 27) 
                Education (Section 29) 

                Section 184 (3) of the Constitution provides for a mechanism for
                monitoring the implementation of these rights. The SA Human
                Rights Commission is empowered to "require each relevant state
                organ, each year, to provide information on the measures they have
                taken towards the realisation of the rights concerning housing,
                health care, food, water, social security, education and the
                environment". The Commission will publish its first report under
                this provision in February 1999. 

           The Commission for the Promotion and Protection of the Rights of Cultural,
           Religious and Linguistic Communities 

                It must promote respect for the rights of cultural, religious and
                linguistic communities

           The Commission for Gender Equality 

                It must promote respect for gender equality and the protection,
                development and attainment of gender equality

           The Auditor General 

                She or he must audit and report on the accounts, financial
                statements and financial management of all levels of government

           The Electoral Commission 

                It must:

                manage elections of national, provincial and local legislative bodies
                ensure that elections are free and fair 

           The Independent Authority to Regulate Broadcasting 

                It must regulate broadcasting in the public interest and ensure a
                diversity of views that broadly represent South African society

           The Truth and Reconciliation Commission 

                It was established to:

                investigate gross human rights violations of the past 
                make recommendations on reparations 
                provide for amnesty at internationally acceptable standards 
                contribute to healing the divisions of the past and building a
                culture of human rights 

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