A/HRC/36/16 accordance with the Constitution would be struck down by the Constitutional Court. Parliament was examining a bill aimed at bringing traditional courts into line with the Constitution. 93. With regard to questions on the Rome Statute, the commitment of South Africa to the protection of human rights and the fight against impunity was unwavering. However, the fact that the country had been involved with the International Criminal Court from its inception did not imply that South Africa ignored its duty to reflect critically on whether the Court was successfully addressing war crimes, genocide and crimes against humanity, or whether it was hampering States in carrying out peace and conflict resolution operations. Furthermore, there were perceptions of inequality and unfairness relating to the situations investigated and individuals prosecuted by the Court. The difficult initial decision to withdraw from the Court had been the result of those reflections and appealed to Member States to respect and allow national processes to continue to unfold. 94. On questions relating to business and human rights, it was clarified that the country’s legislative and regulatory framework was relatively well developed and that all South African businesses were expected to uphold human rights standards. Additionally, South Africa and Ecuador had launched an initiative aimed at developing a legally binding instrument to ensure that transnational corporations and other business enterprises were accountable for human rights violations. 95. With regard to birth registration, the delegation noted that before the advent of democracy in 1994, only the births of white South Africans were recorded at the time of birth. Measures to ensure birth registration adopted since then had included, as a temporary measure, late birth registration. However, birth registration was important for the protection of children and since 2010 the Government had intensified efforts to ensure early birth registration. 96. On the issue of refugees and asylum seekers, it was indicated that South Africa was a party to the 1951 Convention relating to the Status of Refugees. However, the ability to determine who may enter and exit the country was a core aspect of national sovereignty and the new draft policy on the issue of migration balanced the imperatives of national security, economic development and international and constitutional obligations. 97. The Government was still considering whether to ratify the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. It had actively participated in both international and regional processes relevant to the issue and had enacted legislation that was consistent with the spirit and the letter of those instruments. 98. On the policing of demonstrations and gatherings, the delegation explained that the law guaranteed the right to protest peacefully. Nonetheless, a commission that had been established to look into the Marikana incident had recommended that a group of experts be appointed to make recommendations on the policing of demonstrations. The group had been appointed and the Government was awaiting its recommendations. 99. South Africa had developed a specific policy on teenage pregnancy and provided details in that regard, stressing that the policy affirmed the constitutional right of pregnant learners to continue and to complete their basic education without discrimination. As for sexual violence in schools, various policy measures had been implemented to ensure the safety of all learners in schools and detailed information regarding such measures had been provided. 100. Serbia welcomed the institutional and policy measures related to children’s rights and commended South Africa for the reduction in infant and child mortality. 101. Sierra Leone noted the multisectoral five-year plan to address HIV/AIDS as well as the ongoing prevention, treatment and care programmes. 102. Singapore commended South Africa for its sustained efforts to transform its education sector by increasing access to education, including for persons with disabilities. 103. Slovenia encouraged South Africa to ratify the optional protocols to the International Covenant on Economic Social and Cultural Rights and the Convention against Torture. 8