A/HRC/8/32
Page 3
Introduction
1.
The Working Group on the Universal Periodic Review (UPR), established in accordance
with Human Rights Council resolution 5/1 of 18 June 2007, held its first session from 7 to 18 April
2008. The review of South Africa was held at the 14th meeting on 15 April 2008. The delegation
of South Africa was headed by H.E. Ms. Glaudine J. Mtshali, Ambassador, Permanent
Representative of South Africa in Geneva. For the composition of the delegation, see annex to the
present report. At its 17th meeting held on 18 April 2008, the Working Group adopted the present
report on South Africa.
2.
On 28 February 2008, the Human Rights Council selected the following group of Rapporteurs
(troika) to facilitate the review of South Africa: Zambia, Guatemala and Qatar.
3.
In accordance with paragraph 15 of the annex to resolution 5/1, the following documents were
issued for the review of South Africa:
(a)
An oral national report submitted in accordance with paragraph 15 (a);
(b) A compilation prepared by the Office of the High Commissioner for Human Rights
(OHCHR), in accordance with paragraph 15 (b) (A/HRC/WG.6/1/ZAF/2);
(c) A summary prepared by OHCHR, in accordance with paragraph 15 (c)
(A/HRC/WG.6/1/ZAF/3).
4.
A list of questions prepared in advance by Ireland, Germany, Portugal, Canada, Denmark, the
United Kingdom of Great Britain and Northern Ireland, Finland and Sweden was transmitted to
South Africa through the troika. These questions are available on the extranet of the Universal
Periodic Review.
I. SUMMARY OF THE PROCEEDINGS OF THE REVIEW PROCESS
A. Presentation by the State under review
5.
At the 14th meeting, on 15 April 2008, H.E. Ms. Glaudine J. Mtshali, Ambassador,
Permanent Representative of South Africa to the United Nations Office at Geneva introduced the
national report. She indicated that the 1996 Constitution guarantees all human rights and
fundamental freedoms and also internalizes all the core provisions of the International Bill of
Rights. The Bill of Rights of the South African Constitution is the cornerstone of democracy in
South Africa. It enshrines the rights of all people in South Africa and affirms the democratic values
of human dignity, equality and freedom. There is a clear separation of power between the judiciary,
legislature and executive branches of the State. The judiciary is empowered to uphold the
Constitution, and both the legislative and executive branches are required to uphold the authority of
the judiciary. The Constitution recognizes traditional leadership and makes provision for the House
of Traditional Leaders. A notable practice by the legislature is that of “Taking Parliament to the
People.” Following the first democratic elections in 1994, the South African Government adopted a
reconstructive framework whose primary goal was to address the historical legacy of inequality,
create an integrated service delivery system and improve the quality of life of all South Africans. In
order to accelerate the achievement of this objective, the Government subsequently introduced
complimentary economic and development frameworks aimed at overcoming the challenges of
extreme poverty and hunger, underdevelopment, unemployment and lack of priority skills. As one
of the first countries in the world, South Africa has introduced justiciable socio-economic rights in
its Constitution. The Government fulfils its obligations taking due consideration of its available
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