Economic, Social and Cultural Rights
The implementation of the following rights is discussed in this section:
employment
housing and shelter
health
food
water
land
social security
education
freedom of culture, religion and language
the rights of children and young people
EMPLOYMENT
CONSTITUTIONAL
OBLIGATIONS
Implicit in our Constitution, especially in the
preamble, is a right to work in order to improve the
quality of life of South African citizens.
INTERNATIONAL
OBLIGATIONS
Our international obligations are guided by:
Article 23 of The Universal Declaration of Human Rights
Article 6 of The Covenant on Economic, Social and
Cultural Rights which sets out the right to work, the
right to equal opportunities, the right to form trade
unions and strike, the right to social security and
social insurance and the right to an adequate
standard of living
Article 5 of The African Charter which recognises
the right to work under equitable and satisfactory
conditions and the right to equal pay for equal work
Our membership of the International Labour Organisation
WHAT HAS BEEN DONE
POLICY
The government's approach to
employment is guided by a report
entitled Restructuring the South
African Labour Market which was
drafted by the President's
Comprehensive Labour Market
Commission in June 1996.
Government policy is guided by a
background report undertaken by the
International Labour Office (ILO)
entitled Restructuring the Labour
Market: The South African Challenge
- An ILO Country Review.
The Commission recommended a
framework for labour market policy
that promotes economic growth,
creates secure and reasonably
remunerated employment and protects
against unfair discrimination. It also calls for:
Harmonisation of labour-market
policies with macro-economic and
industrial policies
A presidential Jobs Summit to
facilitate an Accord for Employment
and Growth that would commit social partners to:
stabilising prices, wages and
other economic indicators
development initiatives at the
national and regional levels
Policies that aim at strengthening
collective bargaining and protecting
workers in a manner that promotes
economic growth and job creation
Affirmative action, employment equity,
wage determination, and
productivity-enhancement based on
participatory and self-regulatory approaches
A Social Plan that will act as a safety
net and a developmental initiative to
rehabilitate communities grossly
affected by the decline in economic
activities as a consequence of restructuring
Rationalisation of migration policy in accordance
with international conventions and
recommendations and human rights norms and the
liberalisation of migration policy in accordance with
the move toward increased regional integration.
These measures should help to provide the skills
required for more rapid growth and development.
Government published a document called Creating
Jobs, Fighting Poverty - An Employment Strategy
Framework in July 1998. It was produced through
an inter-departmental process of consultation with
public participation. The key proposals include:
Short term employment creation measures such as:
Clean Cities
Land Care Campaign
Working for Water
The Municipal Infrastructure Programme
The Community Public Works Programme
Welfare Programmes
Sectoral programmes aimed at long term and
sustainable employment creation in:
agriculture
mining
manufacturing
tourism
Various measures targeted at
Small Medium and Micro-enterprises
young people
people with disabilities
rural people and women
Enabling policies such as adjustments to some aspects of:
labour market policies
the promotion of youth leadership
the promotion of skills development for young people
LEGISLATION
The Labour Relations Act of 1995
The Basic Conditions of Employment Act of 1998
The Employment Equity Act of 1998
The following Bill/s are under consideration:
Skills Development Bill 1998
This aims to:
improve the quality of life of workers
increase productivity in the workplace
enhance the competitiveness of enterprise
ADMINISTRATIVE
STEPS TAKEN
The Job Summit, convened in October 1998 to
define and implement policies, programmes and
projects aimed at job creation
The Department of Water Affairs and Forestry's
Working for Water Programme will create
approximately 40 000 temporary jobs by the end of March 1999
The Water Supply and Sanitation Programme
created 55 000 jobs from 1995 until the 1st
September 1998 and will create an additional 36
000 jobs before the end of March 1999
The Department of Public Works's projects to
create employment in those rural areas where
people are most affected by poverty - Eastern
Cape, Northern Province and KwaZulu-Natal
One hundred and eleven projects involving access
to roads, water provision, sanitation and
environmental conservation
FURTHER CHALLENGES
Dealing with high levels of unemployment
Stimulating job creation
Addressing the disadvantages faced by women,
especially rural women
Addressing the disadvantages faced by people
with disabilities
Improving the skills and training of a large
unskilled labour force
Dealing with discrimination in the workplace
Addressing the large scale retrenchments in the
mining and metal industries
ADDRESSING THE CHALLENGES
Implementing the recommendations of the Job
Summit
Implementing the programmes of the Department
of Public Works
Encouraging the use of labour intensive methods
of production, particularly for women in rural areas
Promulgation and implementation of the Skills
Development Bill
Expanding adult basic education and training
programmes
Implementation of the Employment Equity Act
Assisting the mining industry in:
preserving employment in mining for as
long as is economically viable and
socially desirable
creating a business climate that
recognises the importance of long-term
profitability and thus encourages
investment
investigating whether public assistance
should be available for mines and
regions faced with downscaling, and, if
appropriate, to formulate guidelines for
such assistance
drawing up social plans to cushion the
impact of structural job losses,
especially in mining sectors and
geographical areas where large-scale
restructuring is underway or imminent
providing legal and institutional support
for the social plans
Introducing provisions that require mining
companies to notify Government in the case of
retrenchments that exceed 20% of the workforce
in any twelve month period
Entrusting the Advisory Board with the task of
monitoring restructuring in the mining industry and
providing recommendations and options for the
Department of Minerals and Energy
Investigating the establishment of Social Plan
Trust Funds by companies on a tax-free basis
similar to that which applies to the environment
rehabilitation funds established by mining
companies
MONITORING AND IMPLEMENTATION
BODIES
The Department of Finance
The Department of Labour
The Department of Trade and Industry
The Department of Public Works
The Department of Water Affairs and Forestry
The Department of Transport
The Department of Health
The National Economic Development and Labour Council
The Commission for Conciliation, Mediation and Arbitration
The South African Human Rights Commission
The Commission for Gender Equality
RESOURCES
AND BUDGET
Through various departments, government expenditure in terms of job creation is the following:
Department of Labour :R22 million for the programme "Labour Policy" - includes R2 million for research and development
Department of Trade and Industry:
R771 million to investment support;
R77 million to small business
promotion and development; R785 million for trade facilitation
Department of Public Works: R1 665 million on land and building programmes and community-based
Public Works Programme
Department of Water Affairs: R770 million on community water supply projects in the next financial year, R596 million on the Mutoti Dam in the Northern Province over the next four years; R632 million on the Skuifraam dam near Cape Town over the next four years
Department of Transport: R742 million on road construction
Department of Health: R100 million on hospital rehabilitation
Consolidated Municipal Infrastructure
Programme: R583 million transferred to local governments
Government also supports and funds research and planning for labour intensive public procurement and construction
HOUSING AND SHELTER
CONSTITUTIONAL
OBLIGATIONS
Every person in South Africa has the right to have access to adequate housing and every person also has a right not to be evicted from his or her or have his or her demolished without an order of the court.
INTERNATIONAL
OBLIGATIONS
Our international obligations are guided by:
Article 25 of The Universal Declaration of Human Rights
Article 11 of The International Covenant on Economic, Social and Cultural Rights
The objectives, principles and recommendations contained in The UNCHS's Global Urban
Observatory Programme and Habitat Agenda which include:
adequate shelter for all
sustainable human settlements
enablement and participation
gender equality
financing shelter and human settlements
international co-operation
assessing progress
WHAT HAS BEEN DONE
POLICY
Government's policies are guided by the White Paper on Housing published in December 1994.
The Department of Housing's National Housing Programme emphasises the following:
priority for the needs of the
poor
meeting the special housing
needs of marginalised women
and people with disabilities
encourage and support
individuals and communities in
their efforts to fulfill their own
housing needs by assisting
them in accessing land and
services and providing
information
ensuring a sustainable housing
and urbanisation process
achieving secure housing with
secure tenure within a safe and
healthy environment
The Department of Housing is using the indicators for tracking progress in implementing sustainable housing programmes as set out in the Habitat Agenda
The Department of Housing released the Urban
Development Framework, influenced by Habitat Agenda which:
promotes a consistent urban
development policy approach for
effective urban reconstruction and
development
guides development policies, strategies
and actions for all stakeholders in the
urban development process
develops a collective vision
Government has repealed all discriminatory legislation
LEGISLATION
The Housing Act of 1997
It provides for:
facilitation of a sustainable housing development process general principles applicable to housing development defining the functions of national, provincial and local government financing of national housing programmes
ADMINISTRATIVE
STEPS TAKEN
The National Housing Subsidy Scheme
This is the cornerstone of the government's goal of delivering housing to poor people. The scheme provides individual ownership or institutional subsidies to all households earning less than R3 500 per month. The scheme also outlines the various organisations that can direct government funding towards housing assistance to the poor.
They include bodies which provide access to finance, like the National Housing Finance Corporation, the Rural Housing Loan Fund and the Peoples Housing Partnership Process.
The Department of Housing has also
instituted a number of other measures
to facilitate the provision of adequate
housing in South Africa:
The Housing Accord
Between March 1994 and November 1996, the department had facilitated the building of 123 139 houses. This number is far less than the projected annual delivery of 192 765. The department has a five year plan starting from March 1994 to provide 1 million houses. In the beginning of 1997 the government realised that it would not be able to provide the 1 million houses.
The Housing and Urbanisation
Information System (HUIS)
This is a national management information system and tool for the design and targeting of housing and urban development policy. Nomvula has three principle components:
housing information human settlement information basic demographic information
The People's Housing Partnership Process
This addresses the needs of poor people
The Mortgage Indemnity Fund
This is a partnership between the private sector, the government and the community. It aims to encourage mortgage lenders to lend money at an affordable rate and in a sustainable way in neglected areas in the country
The Rural Housing Loan Fund
This is a rural subsidy scheme that came into effect in May 1998
Special subsidies for people with disabilities
FURTHER CHALLENGES
Redressing the disparities in housing between
black and white people
Addressing the needs of people living in rural
areas
Addressing the problem of overcrowding
Tackling the disparity in the quality of the
services, such as electricity, and sanitation
Addressing the needs of less people,
particularly less children
Addressing the backlog in the building of houses,
especially for people living in informal settlements
Addressing the question of security of tenure
ADDRESSING THE CHALLENGES
Resourcing and implementing the National Housing
Subsidy Scheme
Implementing and extending the Rural Housing
Loan Fund
Making more land available for housing
development
Implementing and extending the Department of
Water Affairs and Forestry's Water Supply and
Sanitation Infrastructure Programme
Providing shelter for less people and street
children in conjunction with the Department of
Health and Welfare
Implementing the Department of Housing's
five-year plan to provide one million houses
Implementing the provisions of the Extension of
Security of Tenure Act
Ensuring that special consideration is given to
female-headed households in the provision of
housing
MONITORING AND IMPLEMENTATION
BODIES
The Department of Housing
The Housing Development Board
The Housing Subsidy System
The Housing and Urbanisation Information
Systems (HUIS)
The Human Settlement Indicators Pilot Project
The Department of Water Affairs and Forestry
The South African Human Rights Commission
The Commission for Gender Equality
The Youth Commission
RESOURCES
AND BUDGET
Housing budget as a % of national and provincial expenditure:
|
1995/6
|
1996/7
|
1997/8
|
1998/9
|
1999/2000
|
2000/01
|
|
1.9
|
0.9
|
2.21
|
1.9
|
1.96
|
1.8
|
HEALTH
CONSTITUTIONAL
OBLIGATIONS
Every person in South Africa has the right to:
Access to health care services, including
reproductive health
Emergency medical treatment
The State must take reasonable legislative and
other measures within its available resources, to
achieve the progressive realisation of the right to
access to health care services.
INTERNATIONAL
OBLIGATIONS
Our international obligations are guided by:
Article 25 of The Universal Declaration of
Human Rights
Article 12 of The International Covenant on
Economic, Social and Cultural Rights
Article 16 of The African Charter
We have signed and ratified:
The United Nations Convention on the Rights
of the Child
The United Nations Convention on the
Elimination of All Forms of Discrimination
Against Women (CEDAW)
WHAT HAS BEEN DONE
POLICY
Government's health policy is guided
by redressing the legacy of the past.
We are promoting equity, accessibility
and use of our health services.
Towards a National Health System, a
draft document that was published in
November 1995, sets out government's
objectives. They are:
to unify the fragmented health
services at all levels into an
integrated and comprehensive
National Health System
to extend the availability and
ensure the appropriateness of
health services
to develop health promotion
activities
to develop the human resources
available to the health sector
to transfer community
participation across the health
sector
to improve planning in the
health sector and the
monitoring of health status and
health services
The Department of Health, in
consultation with the Department of
Education, has formulated a draft policy
document for life skill education,
especially pertaining to the issues of
HIV and AIDS.
The Department of Health has repealed
all laws that deprived people of the
right of access to health services.
LEGISLATION
The government has passed the following laws
to provide basic health care services for
everyone, especially for women and children
who are seen as the most disadvantaged
groups:
The Choice on Termination of Pregnancy Act of 1996
The Medical, Dental and Supplementary Health
Professions Amendment Act of 1995
The Pharmacy Amendment Act of 1995
The Nursing Amendment Act of 1995
The Chiropractors, opaths and Allied
Professions Amendment Act of 1995
The following Bills are under consideration:
The Aged Persons Amendment Bill (1998)
This makes provision for the protection of
elderly people both in s and in the
community
The National Health Bill (1998)
In terms of this bill government will provide:
free health care to pregnant and lactating women free health care to children under the age of six access to free primary health care primary school nutrition programme integrated nutrition programme
ADMINISTRATIVE
STEPS TAKEN
The State has introduced the Presidential Lead
Project to provide free health care services in
public health care facilities for children under
the age of 6 years and pregnant and lactating
women. The aim of this project is:
to improve the quality of life for
women and children by reducing
maternal mortality
to improve the health of new-born
infants through equitable access to
primary health care, including family
planning, ante-natal delivery and
post-natal care for the mother and the
infant; and to increase access to
essential obstetrics and neo-natal
care
to provide clinics in areas, especially
in rural areas, which previously did
not enjoy easy access to health care
services
Dissemination of information through
campaigns and the media
Faces - A project that employs people living
with HIV and Aids within the Department to
promote the rights of HIV/Aids sufferers
The National Programme of Action for
Children
The Primary Health Carefree Programme
(PHCP) that deals with:
health care for primary school
children
free health care for children under six
free health care for pregnant mothers
National AIDS Plan that focusses on people
living with HIV/AIDS. It also promotes
prevention, and education, as a means of
combatting prejudice and discrimination.
FURTHER CHALLENGES
Addressing the following general problem
areas:
unequal access to basic health care
disparities in provision of health care
services
co-operation between the private and
public health services
unequal distribution of health
resources
inadequate facilities
the quality and service delivery of
health personnel
overcrowded public hospitals
Children:
dealing with the unacceptably high
infant mortality rate amongst African
children. In 1995 there were 40,2
deaths per 1000 live births
implementing the National
Programme of Action for Children
Rural people:
making health services accessible
and more affordable for rural people
Elderly People:
making health services accessible
and more affordable for elderly
people
enacting the Aged Person
Amendment Bill
People with disabilities:
addressing the health needs of
people with disabilities
HIV/AIDS
implementing the National Aids Plan
Occupational Health
addressing health and safety
conditions in the mines
dealing humanely with the health
consequences of work in the mining
industry
ADDRESSING THE CHALLENGES
Extending public education on:
health issues
available health services
combatting ignorance, prejudice and
discrimination towards HIV/AIDS
sufferers and people with disabilities
Children:
Extending the President's Lead
Project
Continuing the Primary Health
Carefree Programme (PHCP)
Rural people:
Increasing the number of
mobile and permanent clinics
Elderly people:
providing adequate state funding
establishing s and frail care centres
providing funding for -based care
Improving the quality of care in s and frail care centres to ensure that the rights of elderly people are not violated
monitoring the treatment of elderly people in medical aid schemes
People with disabilities:
making health care affordable and accessible
providing aids like wheelchairs, hearing aids, white sticks and other special aids
People with HIV/AIDS
making necessary drugs available
extending the Faces project
Implementing the National Aids Plan, focusing especially on
migrant laborers
families whose lives have been disrupted by forced removals, political violence and the migrant labour system
women
gay men
young people
commercial sex workers
Women
extending free health care to pregnant and lactating women providing more facilities for the termination of pregnancy
creating greater public awareness on issues
surrounding the termination of pregnancy
Extending the President's Lead Project
Occupational health
developing a comprehensive and coherent policy towards HIV/AIDS, in the mining industry and specifically
addressing the way in which mineworkers are tested, counseled, educated and treated
implementing the Mines, Health and Safety Act and the recommendations of the Lean Commission
developing a national data base on occupational health that reflects the prevalence and incidence of occupational disease among mineworkers and ex-mineworkers reviewing the system of implementing proper medical care for disabled and diseased ex-miners
MONITORING AND IMPLEMENTATION
BODIES
The Department of Health
The Department of Welfare and
Population Development
The National Environmental Health
Surveillance Programme
. The Department of Minerals and Energy
. The Mine Health and Safety Council
. The Mine Health and Safety Inspectorate
. The National Programme of Action for C
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