A/HRC/36/16
76.
While appreciating legislation to prohibit discrimination on the basis of sexual
orientation, the Netherlands noted persisting violence against lesbian, gay, bisexual,
transgender and intersex people.
77.
The Niger welcomed the adoption of the national development plan “Vision 2030”
and the creation of several human rights institutions.
78.
Spain welcomed draft legislation on hate crimes and hate speech and the action plan
against racism.
79.
Pakistan noted the increase in the education budget and the adoption of the
Employment Equity Amendment Act.
80.
Peru highlighted the 20 per cent budget allocation to education by South Africa and
progress in the participation of the black population in public affairs.
81.
The Philippines praised the national development plan and the pro-poor education
budget, which had increased through the years.
82.
Poland appreciated efforts to maintain social cohesion and to address social
inequalities inherited from the past.
83.
Portugal was concerned at reports of obstacles to birth registration and at
discrimination and violence against persons with albinism.
84.
The Republic of Moldova appreciated efforts to improve access to education,
particularly through the allocation of 20 per cent of the South African budget to education.
85.
The Russian Federation commended South Africa for its efforts to provide access to
health care, especially immunization, to fight HIV/AIDS and to make progress in primary
and secondary education.
86.
Rwanda encouraged South Africa to combat sexual and gender-based violence
through the implementation of relevant laws to ensure justice for victims.
87.
Senegal welcomed the implementation of policies, such as the social package, aimed
at reducing the cost of living for disadvantaged persons.
88.
In response to questions raised regarding gender-based violence and sexual offences,
the delegation recalled that the Government had undertaken various initiatives and provided
detailed information on them. For example, it had set up an interministerial committee to
investigate the root causes of gender-based and sexual violence, expanded the reach of
specialized courts, established specialized health-care facilities known as “Thuthuzela care
centres” and amended its legislation. With regard to questions on ukuthwala, the delegation
explained that there was debate on whether the practice as a whole was a problem.
Nonetheless, it was highlighted that the Prevention and Combating of Trafficking in
Persons Act specified that conducting a forced marriage for the purpose of exploitation was
a crime and that any such cases of forced marriage could be prosecuted under the Act.
89.
On the ratification of the Optional Protocol to the Convention against Torture, the
delegation recalled that discussions on the national preventive mechanism were still taking
place and provided additional information on a number of initiatives that were being carried
out regarding the rights of persons deprived of their liberty.
90.
With regard to the issue of lesbian, gay, bisexual, transgender and intersex people, it
was highlighted that discrimination based on sexual orientation and gender identity was
unlawful in the country. Equality courts, which were civil, not criminal, courts, could
receive complaints regarding allegations of discrimination on the basis of a whole range of
criteria, including sexual orientation.
91.
The delegation noted that not many criminal cases related to albinism had been
registered but that, given the potential for challenges to arise, it had been included as one of
the prohibited grounds in the Prevention and Combating of Hate Crimes and Hate Speech
Bill.
92.
Regarding questions on compliance by the traditional courts with international
standards, the delegation recalled that in South Africa any legislation or act that was not in
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