A/HRC/8/32
Page 19
to fight HIV/AIDS. Iran also noted that in 2007, South Africa undertook, inter alia, to submit a
national action plan exclusively covering the area of racism and racial discrimination, as required
by the Durban Declaration and Programme of Action. Iran sought further information on this
national action plan.
65. On the question of illegal evictions, the delegation of South Africa responded that it has a
strong constitutional protection and legislation in place to prevent illegal evictions and provide
judicial recourse for victims of such evictions. It noted that two recent landmark judgements have
clearly affirmed that it is the State’s duty to provide housing for people in desperate circumstances
and to have an emergency plan in place, and that people cannot be evicted if they do not have
alternative accommodation. South Africa has welcomed these court decisions and has already taken
steps to implement them. Regrettably, there have been evictions which have taken place outside the
legal prescripts. However, resettlements where the State has been involved have been carried out on
the basis of court judgements or have been negotiated with the affected communities. A new and
significant partnership has been developed between the Department of Housing, banks and financial
services, whereby an amount of 42 billion South African rand in financing for low-cost housing will
be made available in 2008 which will address or redress some of these concerns. On the question on
whether South Africa is aware of the recent Kwa Zulu Natal programme legislation, it was reemphasized that South Africa’s Government is composed of three spheres: national, provincial and
local government, and that work programmes and legislative measures taken in these spheres all
feed into the Cabinet and Parliament. The South African authorities are fully aware of any
legislation enacted within its borders. On the issue of unequal access to health-care services, the
head of delegation reaffirmed that in 1994, when President Mandela took office, there was a
requirement to introduce free health-care services to people who cannot afford to pay for it in the
private market, including women and children. She thus underlined that access to health-care
services is not unequal per se between men and women. She further indicated that when
South Africa introduced legislation in order to access cheap drugs in the international market,
President Mandela was taken to court by pharmaceutical companies based in developed countries
and it took several years before that court action was withdrawn, a period of time during which
South Africa could not afford to provide expensive drugs to people who needed them. She again
referred to the recent regulation pertaining to the pricing of medicines, which will make them
cheaper. On the issue of the ratification of additional international instruments, she indicated that
South Africa will report back in due time when it will be in a position to ratify those instruments
and reaffirmed that there was no political hurdle. On the issue of sexual orientation, she indicated
that there is no specific legislation pertaining to it and that South Africa prohibits discrimination on
any ground irrespective of a person’s sex or gender.
66. In her closing remarks, H.E. Ms. Mtshali, Permanent Representative of South Africa to the
United Nations Office at Geneva, welcomed the active participation and collaborative spirit in
which South Africa’s review was conducted, including the insightful comments and questions. She
noted with appreciation the very positive and constructive statements made in support of South
Africa’s efforts to firstly achieve economic, social and cultural rights, since civil and political rights
are already largely achieved. In that respect, she indicated South Africa’s ongoing commitment to
focus on these rights. She also indicated that this young democracy has been founded on the
unwavering struggle of South African and international human rights defenders. The South African
Government was mindful that despite these great strides, much more needs to be done, and will
remain committed to continue building a future founded on hope, prosperity and opportunities for
our people, because “where there is hope, there is a future.”
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