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Consolidated Reports: 58th & 59th Sessions of African Commission On Human and People’s Rights

This report provides an overview of South Africa's progress in promoting and protecting human rights at the 58th and 59th sessions of the African Commission on Human and People’s Rights. It highlights legislative measures and observations for future improvements.

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Consolidated Reports: 58th & 59th Sessions of African Commission On Human and People’s Rights

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  1. Consolidated Reports from Two Ordinary Sessions of the African Commission On Human and People’s Rights Report on the 58th session of the African Commission on Human and People’s Rights- Banjul, Islamic Republic of the Gambia, 6th – 20th April 2016 & Report on the 59th ordinary session held in Banjul, Islamic Republic of the Gambia, 21st October - 4th November 2016

  2. Presentation Outline Introduction Purpose of the report Brief Background of AU organs Reasons for CGE attendance South African Concluding Observations CGE work in line with the ACHPR Concluding Observations and Recommendations Recommendation for CGE

  3. Introduction This presentation is based on two reports emanating from the Commission for Gender Equality’s observations of two ordinary sessions (i.e. 58th and 59th) of the African Commission on Human and People’s Rights held in Banjul, capital of the Republic of the Gambia. During these two sessions, South Africa’s official government delegation attended and the country’s progress report in the observation and promotion of human rights in line with the provisions of the African Charter on Human and People’s rights, and its Protocol; was presented during the 58th ordinary session. South Africa as a state party as provided under Article 62 of the ACHPR and Article 26 of Maputo Protocol respectively is obliged to report periodically to the African Commission on Progress on the implementation of the instruments. The Commission convenes its ordinary sessions twice every year. The South African report which was considered during the 58th Ordinary Session was covering backlog of second (2nd), third (3rd), fourth (4th) fifth (5th) and sixth (6th) periodic reports.

  4. Introduction Cont… The report highlighted developments which took place in South Africa in the promotion and protection of human rights, and the legislative, administrative and judicial measures put in place to comply with its obligations under the African Charter on Human and people’s Rights and the Maputo Protocol respectively. The country was represented by high-level ministerial delegations, accompanied by various South African State Institutions and other relevant departments. CGE was part of the delegation as well as various other institutions including South African civil society organisations, which were invited to take part as observers in these sessions of the African Commission. The Concluding Observations were issued in June 2016. The Commission for Gender Equality is therefore currently in the process of monitoring the implementation of the ACHPR and Maputo Protocol, aligning it on the country’s response to issued Concluding Observation which the Country need to report on during the next periodic reporting to the African Commission in the next two years.

  5. Purpose of the two reports The purpose of the two reports contained in this document is to inform the readers of the CGE’s attendance at the two ordinary sessions of the African Commission on Human and People’s Rights, and to give feedback regarding the CGE’s observations of South Africa’s periodic reporting during the 58th and 59th Ordinary Session. The reports also intend to identify issues of interest to the CGE in line with its mandate and from a gender perspective as raised during the deliberations of the African Commission during the two sessions.

  6. Brief Background of AU organs African Union (AU) The African Union (AU) is a continental union consisting of 54 countries in Africa. The AU was established on 26 May 2001 in Addis Ababa and launched on 9 July 2002 in South Africa, with the aim of replacing the Organisation of African Unity (OAU) The African Union is made up of both political and administrative bodies. The most important decisions of the AU are made by the Assembly of the African Union, a semi-annual meeting of the heads of state and government of its member states. The Assembly is chaired by H.E Mr Alpha Conde, President of the Republic of Guinea. The AU's secretariat, the African union Commission (AUC), chaired by H.E Moussa Faki Mahamat, is based in Addis Ababa The AU also has a representative body, the Pan African parliament, which consists of 265 members elected by the national legislatures of the AU member states.

  7. Brief Background cont… Other political institutions of the AU include: The Executive Council (made up of foreign ministers, which prepares decisions for the Assembly), the Permanent Representatives committee (made up of the ambassadors to Addis Ababa of AU member states); and the Economic, Social, and cultural Council (ECOSOCC), a civil society consultative body. Other AU structures are hosted by different member states: the African Commission on Human and Peoples’ Rights (based in Banjul. Gambia), the New Partnership for Africa’s Development (NEPAD) and APRM Secretariats and the Pan-African Parliament are in Midrand, South Africa African Commission on human and Peoples’ Rights (ACHPR) The African Charter established the ACHPR as its primary supervisory mechanism and vests in the Commission both promotional and protective mandates The Commission was formally inaugurated on 2 November 1987 and was formally installed for the first time on 2 November of that year The Commission is mandated by the Charter to promote and protect human rights in Africa, interpret the provisions of the Charter and perform any other tasks assigned to it by the AU Assembly of Heads of States and Government and to consider individual complaints of violations of the Charter.

  8. Brief Background cont… Although its authority rests on its own treaty, the African Charter, the Commission reports to the Assembly of Heads of State and Government of the African Union. The Commission has three broad areas of responsibility namely promoting human and peoples' rights, Protecting human and peoples' rights and Interpreting the African Charter on Human and Peoples' Rights. With the creation of the African Court on Human and Peoples’ Rights (under a protocol to the Charter which was adopted in 1998 and entered into force in January 2004), the Commission has the additional task of preparing cases for submission to the Court's jurisdiction. The Court was established by virtue of Article 1 of the Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples’ Rights (the Protocol), which was adopted by Member States of the then Organization of African Unity (OAU) in Ouagadougou, Burkina Faso, in June 1998. The Protocol came into force on 25 January 2004 after it was ratified by more than 15 countries. The Court has jurisdiction over all cases and disputes submitted to it concerning the interpretation and application of the African Charter on Human and Peoples' Rights (the Charter), the Protocol and any other relevant human rights instrument ratified by the States concerned

  9.  Legal Instruments The AU has the following binding statements: African charter on Democracy, election and Governance, The Protocol to the African charter on Human and Peoples’ Rights of women in Africa, The Constitutive Act of the African Union; The protocol to the African Charter on Human and peoples’ Rights on the establishment of the African court on human and peoples’ rights; The African Charter on the rights and welfare of the child; The African charter on human and peoples’ rights; and the AU Convention governing specific aspects of refugee problems in Africa South Africa is amongst the 19 states who have ratified all binding instruments. There are four binding instruments that are not yet ratified by all states namely the Refugee Convention, Women Protocol, Child Charter, African Charter on Democracy and the Protocol on the Establishment of the African Court.

  10. What is SA’s responsibility after ratification? Domestication – South Africa as a State Party to the Instruments is expected to enshrine the Provisions of the Instruments into National Frameworks, or to adopt the Charter following the practice of Nigeria, which adopted ACHPR into African Charter on Human and People’s Rights (Ratification and Enforcement) Act. Implementation – ensuring that the provisions and Principles of the Charter are applied into the domestic setting to be enforced to protect the People of South Africa. OBSERVATION IT HAS BEEN OBSERVED THAT MANY AFRICAN STATES DO NOT DOMESTICATE THE REGIONAL OBLIGATIONS AND THEN STATE THAT THEY ARE NOT BOUND BY THE INTERNATIONAL INSTRUMENTS WHEN RULINGS ARE MADE AGAINST THEM – RE SADC TRIBUNAL / ZIMBABWE

  11. What is expected of the CGE? Monitoring: To evaluate policies and practices of both public and private bodies, government compliance with international agreements, legislative review, law reform, and research. (Section 11 (h) & (i) of CGE Act) The Commission for Gender Equality is therefore currently in the process of monitoring the implementation of the ACHPR and Maputo Protocol, aligning it on the country’s response to issued Concluding Observation which the Country need to report on during the next periodic reporting to the African Commission in the next two years. The Process is underway.

  12. Reasons for CGE attendance CGE has the Constitutional mandate (and the CGE Act) to monitor South Africa’s compliance with conventions, covenants, protocols and charters acceded to and ratified by the Republic. It is therefore important for the CGE to participate in platforms where decisions relating to these regional, continental, and global frameworks are discussed, strengthened and planned towards. For CGE to grapple with and contribute towards continental priorities, i.e. AU themes (2015 and 2016 particularly focus on gender equality and women’s empowerment). Pertinent issues regarding ‘ACTION’ and ‘IMPLEMENTATION’ were raised which is important for CGE as an institution responsible for monitoring and evaluating laws, customs, practices and policies affecting gender equality and the status of women in South Africa. CGE contributed significantly to discussions and outcomes on key issues affecting gender equality and women’s empowerment during the breakaway sessions. .

  13. Reasons for CGE attendance . In addition, the CGE has an institutional strategic objective (SO3) which among others mandates it to monitor and observe the country’s compliance with provisions of various international instruments, among which is the African Charter on Human and People’s Rights, together with its Protocol. It is within this context that the CGE’s attendance of the two ordinary sessions of the African Commission should be understood. It should also be understood that the CGE’s presence at the two ordinary sessions was per formal invitation as an observer. The CGE’s rationale to participate at the 59th Ordinary Session was to continue with the lobbying on the Attainment of Affiliate Status with the African Commission, which was aiming to take the Gender agenda to the next Level, and affording the CGE’s like other Human Rights Institutions direct communication with the African Commission. The lobbying was a success as one of the resolutions include awarding of National Human Rights Institutions Affiliate Status.

  14. South African Concluding observations The deliberations of the African Commission on Human and People’s Rights, based on the reports presented by the South African government delegations, are followed by the African Commission’s official concluding observations, which indicate positive aspects, areas of progress, as well as areas of concern exercise of human rights in South Africa for the Commission, And where more work needs to be carried out by the country to meet the provisions and obligations of the African Charter on Human and People’s rights and its protocols. As its strategic objective of monitoring government’s compliance with international obligations, the CGE will also monitor the country’s response, actions and plans to be taken in line with the African Commission’s concluding observations based on the progress report as presented by the South African government at the 58th ordinary session of the African Commission.

  15. CGE work in line with the ACHPR Concluding Observations and Recommendations what is the CGE monitoring? Right to education: gender transformation in tertiary institutions Right to culture: South Africa has legislative frameworks and other measures in place to promote its diverse cultures and heritage.Traditional leaders in South Africa are predominantly men who inherited it from their fathers. This means traditional leadership is a patriarchal system that largely excluded women from the office. Women are specifically discriminated by this system that favored men via patriarchy in the system of inheritance – the primogeniture that is practiced in succession. The CGE must monitor the process of the new Traditional and Khoisan Bill to ensure its constitutionality as it is related to gender. Women and children’s rights Right to health: maternal health systemic investigation Right to employment: gender transformation

  16. CGE work in line with the ACHPR Concluding Observations and Recommendations cont… Civil and political rights: assessment of political parties, public and private sectors on the effective implementation of gender equality legislation, policies and practices; evaluation of the implementation and effectiveness of national justice facilities in addressing gender discrimination Refugees, IDPs and Migrant workers: CGE In consultation with SAHRC to assess the phenomenon of ‘statelessness’ in RSA. Extractive industries and the environment: monitoring gender mainstreaming and transformation. The African Commission was concerned with this industry and raised numerous issues. The CGE has already began engaging with the mining sector and we have two reports in this regard the issues that we have looked at was gender mainstreaming in the sector itself. The picture was dismal eg) Glencore SM 6:1and MM 35:7

  17. CGE work in line with the ACHPR Concluding Observations and Recommendations cont… Due process and conditions of detention: monitoring of correctional facilities to establish its compliance gender equality and gender identity Right to freedom of expression Reporting obligation and cooperation with the Commission OBSERVATIONS THE CHAIRPERSON OF THE AFRICAN COMMISSION HAS AN INFORMAL ENGAGMENT WITH THE DC OF THE CGE AND PLO. ONE OF THE ISSUS RAISED WAS THE ACCREDITATION FO THE CGE AS A REPORTING BODY TO THE AFRICAN COMMISSION. THE CEO HAS RAISED THIS ISSUE EVEN BEFORE OUR DEPARTURE. THIS WILL BE EXPLORED WITHIN THE LEGISLATIVE FRAMEWORK.

  18. Recommendations for CGE In line with the Constitutional Mandate of the CGE i.e. to monitor South Africa’s compliance with international treaties, CGE should incorporate Agenda 2063, SDGs, the African Women’s Decade, and 2016 African Year of Human Rights with Particular Focus on the Rights of Women in its plans and strategies. To focus attention on the participation of women in the mining industry, oil and gas, infrastructure development, ITC and the blue economy. The impact of illicit spending on women and gender mainstreaming was highlighted as an important area for research and intervention. It is therefore recommended that CGE embarks on projects that address illicit spending. The CGE must use its constitutional powers to enforce compliance with the relevant gender policies and frameworks within the public and private sectors and hold them accountable. It is finally recommended that the Public Education and Information (PEI) Department uses its educational programmes to raise awareness around gender policies with the relevant stakeholders in the mining sector and emphasize implementation of the recommendations made in our 2016/17 Report.

  19. Thank You HAVE A GENDER RELATED COMPLAINT ???? REPORT IT TO 0800 007 709 TwitterHandle @CGEinfoFacebook: Gender Commission of South Africa

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