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PORTFOLIO COMMITTEE ON ARTS AND CULTURE 01 SEPTEMBER 2010 By Revd. Dr Wesley Mabuza. CRL RIGHTS COMMISSION MANDATE The S. A Constitution CRL Act 19, 2002 (founding Act) The Cultural Charter for Africa Respect for rules, principles, traditions, languages, mores of society.
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PORTFOLIO COMMITTEE ON ARTS AND CULTURE 01 SEPTEMBER 2010 By Revd. Dr Wesley Mabuza
CRL RIGHTS COMMISSION MANDATE • The S. A Constitution • CRL Act 19, 2002 (founding Act) • The Cultural Charter for Africa Respect for rules, principles, traditions, languages, mores of society.
Conflict Resolution Administration & Management Research & Policy Development Community Engagement Community /Public Education & Advocacy
VISION National Unity among the Diverse Cultural, Religious and Linguistic Communities
Mission MISSION STATEMENT • Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities
FUNCTIONS • Developing Cultural, Religious and Linguistic Equality; • Recovering Indigenous Knowledge Systems; • Developing an Inventory of Heritages; • Enabling Communities to expand Responsibility and Accountability; • Intensifying Dialogue among Communities; • Monitoring of the Compliance by the state & civil society with the mandate of the CRL Rights Commission
Mediation of Inter-Community Conflict situations and facilitate Harmonious Co-existence; • Lobby with Government departments & legislative authorities on issues concerning the Rights of Cultural, Religious & Linguistic Communities.
STRATEGIC OBJECTIVES • Peace, friendship, humanity,tolerance • Mutual respect • Developmentof diminishing • Community Councils
7 DELIVERY PROGRAMS • Investigation and Complaints Resolutions • Research and Policy Development • Public Education and Advocacy • Community Engagement • Financial Management • Corporate Services • Secretariat and Corporate Governance
INVESTIGATION & CONFLICT RESOLUTION( PI FOR 2009/10) • Backlog of 36 cases finalised • Received 27 new cases; 20 already investigated; • 7 outstanding due to resource constraints • New Complaint form, Arts and Culture Dept assisted with translation into other off languages
INVESTIGATION & CONFLICT RESOLUTION (PI CONT…) Trend of Complaints • Highest number about Religion • Second highest number about Culture • Least number about Language
INVESTIGATION & CONFLICT RESOLUTION • Rural Communities’ Culture and Religion • Urban Communities’ Languages in Education • Majority of cases from: GP, WC, LimP and EC
INVESTIGATION & CONFLICT RESOLUTION (PI CONT…) • Mediation • 10 mediation cases received, but only; • Thee cases were mediated within 90 days, due to resource constraints • Settlements signed
INVESTIGATION & CONFLICT RESOLUTION (PI CONT…) Joint Strategies with other organs of State (S6 of founding Act) • Partnered with DIRCO on political participation of minority groups • Other partnership were to be through workshops with financial implications
INVESTIGATION & CONFLICT RESOLUTION (PI CONT…) Recommendation to Organs of State • 5 targeted but 7 achieved
RESEARCH & POLICY DEVELOPMENT (PI 2009/10) • Produced public research reports as follows: • Rights to language an rights of a language: the status of linguistic rights among Basotho speaking communities in Nqutu (KZN) • Public hearings on male initiation schools in SA- report covering FS, GP and EC provinces done) • Guidelines Report on Ritual of Animal Slaughter -
RESEARCH AND POLICY DEVELOPMENT (PI Cont…) Collaborations and major events: • Rhodes Univ. and CRL co-hosted conference themed “ethical leadership: the promise and practice” • Purpose was for “scholars to strenghten ties with their communities”
PUBLIC EDUCATION & ADVOCACY • Promote public understanding of c-r-l rights of all communities • Partnered the SAOlder Persons Forum on role of older persons in discovering diminished heritage • SAOPF contribution on c-r-l debates • Organised radio interviews on topical issues
PUBLIC EDUCATION & ADVOCACY Children’s Rights vs. Cultural and Community Rights: • Effects of the Childrens Act 38,2005 on initiation schools and virginity testing. • Role of women on minimising deaths of initiates raised in EC. • Analysis of the Childrens Act w.r.t c-r practices
PUBLIC EDUCATION & ADVOCACY (PI 2009/10 Cont…) • Dialogue held at Union Building with partners: DWC&PD, NGOs, Zulu Royal House, KZN Premier’s Office and Organisers of the Reed Dance. • Practitioners running virginity testing and Office of the King of the Zulus.
PUBLIC EDUCATION & ADVOCACY (PI 2009/10 Cont…) • DWC&PD; CoGTA; and DoSD requested to consider amendment of sections affecting cultural and religious rights of communities
COMMUNITY ENGAGEMENT (PI 2009/10) Promote community participation through c-r-l community structures • S38 of Act mandates the recognition of cc’s. • CCs advise Commission in achieving the objects of Commission as in Act; • Launching seminars held in 3 provinces:GP-26, FS-25 and WC-31 themed: “the importance of c-r-l councils in building unity and one SA nation”
GOVERNANCE CHALLENGES • Commission est. through S185 of the Constitution as a Chapter 9 Institution • S186 of the Constitution refers composition, number, office term to legislation (17 Commissioners); • Legislation not indicating duties and responsibilities for part timers
GOVERNANCE CHALLENGES (Cont…) • Minister administers the founding Act • Reporting mechanisms to the Minister not in place (is it financial reporting vz Performance reporting?) • Constitution provides for reporting to NA (S181 (5) of the Constitution)
GOVERNANCE CHALLENGES (Cont…) • Not clear where the Commission is within CoGTA. Is it with CoG or TA, nothing formally communicated. • Informally informed its TA, under the DG or Minister? • No model of engagement between CRL and CoGTA
GOVERNANCE CHALLENGES (Cont…) • Received communique from D/Speaker office in Feb’08 on possible change of reporting lines to the NA. • Important to have an Executive Support as with other Chapter 9s.
LEGISLATIVE & REG’ LIMITATIONS • Roles and responsibilities part-time Commissioners; • Authority of Chairperson beyond convening meetings • No synergy of appointment of Commissioners with other sister orgs. • National Treasury Regulations 1.1 vz the founding Act
MANDATORY CHALLENGES • NCC as result of funds • Plenary sittings • Suspension of programme implementation • Waiting for MTEF allocations by NT
CONCLUSION THANKY YOU