CRL Rights Commission Presentation to Portfolio Committee: 19-09-2014

1. CRL Rights Commission Presentation to Portfolio Committee: 19-09-2014 “The impact that ignorance of linguistic, religious and cultural practices and rights has on access to legal services and justice”

2. Outline of the Presentation • Brief introduction of the new Commission and an outline of the mandate of the Commission • The priorities of the CRLRC in the next five years • The impact that ignorance of Cultural, Religious and Linguistic practices and rights have on access to legal services and justice

3. Introducing the New CRL Commission • This third Commission was appointed in March 2014 (the first Commission was from 2004 to 2008; the second Commission was from 2009 to 2014 February. • Sworn in and inaugurated in April 2014 • Consists of 12 Commissioners as compared to 17 in the previous 2 Commissions. Only the Chairperson and the Deputy Chairperson are full time members

4. Mandate of the CRL Rights Commission • The Constitution of the Republic of South Africa,1996, Sections (30 & 31), 185 and 186. • Act No. 19,2002 Commission for the Promotion and Protection of the Rights of cultural, religious and linguistic communities Act, 2002

5. Overall mandate of CRL Rights Commission • Promote and Protect the Rights of Cultural, Religious and Linguistic Communities in support of Constitutional Democracy

6. Objects of the CRL Rights Commission • Some objects of the Commission are- • to promote and develop peace, friendship, humanity, tolerance and national unity among and within cultural, religious and linguistic communities, on the basis of equality, non-discrimination and free association;

7. Objects of the CRL Rights Commission continued........ • to foster mutual respect among and within cultural, religious and linguistic communities; • to promote the right of communities to develop their historically diminished (and diminishing) heritage

8. Critical Functions of the Commission • Article 21 Protection against harmful social and cultural practices • 1. States Parties to the present Charter shall take all appropriate measures to eliminate all harmful social and cultural practices affecting the welfare, dignity, normal growth and development of the child and in particuPromote awareness among the youth of South Africa of the diversity of cultural, religious and linguistic communities and their rights. • Monitor, investigate, research and advocate any issue concerning the rights of cultural, religious and linguistic communities. (continued...) • lar:

9. Critical Functions continued........... • Facilitate the resolution of friction (conflicts, disputes) between and within cultural, religious and linguistic communities or between any such community and an organ of state where the cultural, religious or linguistic rights of a community are affected. • Make recommendations to the appropriate organ of state regarding legislation that impacts on the rights of cultural, religious and linguistic communities.

10. CRL, A Totality of Human Experience • CRL Rights Commission’s mandate rests on three distinctive and interdependent pillars: • The end purpose of these three pillars is to foster a socially cohesive nation. • Hence CRL Rights Commission is the only Commission that gives the totality of human experience, i.e. human beings in their cultural, religious and linguistic environments Culture Religion Language Equality and national unity

11. The Next five years and finalising the unfinished business • The CRLRC will operate under the following premise: • That the attainment of social cohesion and nation building is achieved through tolerance and respect of one another’s cultural, religious and linguistic rights on the basis of equality, non-discrimination and free association.

12. CONTINUED……. • To increase our body of knowledge on indigenous CRL rights matters in order to inform national policy positions • Identify key strategic areas where there is a need for national discourse and direction e.g. Ukuthwala, ukuhlolwa, ukungena, initiation schools

13. Continued........ • Language marginalisation e.g. Nquthu Basotho community and other border communities • Restoring indigenous knowledge and reclaiming indigenous oral histories e.g. Indigenous games and story telling

14. Continued........ • Religious freedoms • Animal slaughtering and advocating for national legislation • Graves: Practices of Recycling, demolition and Access to graves. (investigating the current practices and conflict created by those practices and also advocating for a comprehensive legislation)

15. Continued...... • Brewing of African Beer and the challenges to the rights of people who brew for traditional, cultural and religious reasons (The Eastern Cape experience) • Advocating for a review of the Children’s Act of 2005 in so far as it relates to cultural practices

16. CONTINUED…. • Holding dialogues with traditional healers and leaders on the treatment of people accused of witchcraft and also engaging them on ritual killings. Proposing for more relevant national legislation

17. Continued……. • Access to sacred sites (ownership of land and tourism). • Use of language in the workplace, courts and in education (especially mother-tongue)

18. Continued....... • To raise awareness and educate people, especially young people, about their cultural, religious and linguistic rights • Convene National Consultative Conferences as required by the Act (19 of 2002) in order to get a mandate from Community Councils and to report back.

19. Continued.......... • Hold dialogues, seminars and debates on different cultures, religions and languages in the country in order to foster tolerance, respect and equality. • Engage communities, at all levels, to ensure that debates lead to understanding and acceptance of one another’s cultures, religions and languages.

20. Continued..... • Use of new media strategies to access young people and encourage debates on culture, religion and language rights, (facebook, twitter accounts and others). • Special focus on the public broadcaster and private broadcasters to promote and protect cultural, religious and linguistic rights of all communities

21. Ignorance of C-R-L practices and rights and access to legal services and justice • Whose culture, religion and language informs laws and access to legal services and justice? • Legislative process (Law making) • Law, language and justice • Lack of legal recognition of the linguistic and cultural differences

22. Questions we need to ask ourselves as South Africans • Whose language and ideology permeates the legal process? • What does this mean for communities whose language is not part of the judicial mainstream? (especially in the context of insufficient human resources for interpreting and translation?

23. Examples of Legislation that is problematic for CRL Communities • Children’s Act No 38 of 2005 Social, cultural and religious practices 12 (4) Virginity testing of children under the age of 16 is prohibited. (5) Virginity testing of children over 16 may only be performed a) if the child has given consent to the testing in the prescribed manner

24. CONTINUED…. (b) After proper counselling of the child and, (c) In the manner prescribed Regulations Virginity testing 3(a) No virginity test may be performed on a child unless -

25. CONTINUED…… • (ii) unless the child has been given proper counselling by a parent, guardian or caregiver and a social service professional. • The Children’s Act also states in 12 (8) Circumcision of male children under the age of 16 is prohibited, except when-

26. CONTINUED…. • Circumcision is performed for religious purposes in accordance with the practices of the religion concerned and in the manner prescribed, or • circumcision is performed for medical reasons on the recommendation of a medical practitioner

27. CONTINUED…… • The Children’s Act also states- 24 (1) Any person having an interest in the care, well being and development of a child may apply to the High Court for an order granting guardianship of the child to the applicant

28. CONTINUED …… • The Eastern Cape Liquor Act, 2003 states: Prohibited concoctions and drinks 56.(1) No person may have in his or her possession or custody or under his or her control, consume or sell, supply or give to any person (a) any concoction manufactured by the fermentation of treacle, sugar or other

29. CONTINUED..... substances and known as isishimiyana, hopana, qediviki, skokiaan, uhali or Barberton, but excluding indigenous qhilika The complaint from Mt Frere on the implementation of this legislation.

30. Other challenging legislation • The lack of national legislation on the African Ritual of animal slaughter • National legislation to manage the recycling of graves • A review of the Witchcraft Suppression Act of 1957

31. Conclusion • Create a society with a shared South African identity, without detracting from our diverse multiple identities. • The CRL Rights Commission is keen in achieving this vision of the National Development Plan. Thank you!!