A/HRC/8/52 page 187 571. One seriously disturbing occurrence which shocked the conscience of an overwhelming majority of South Africans was the recent racial incident at the University of Free State in Bloemfontein. Through prompt action, the Government, upon recommendation of the Department of Education and other relevant stakeholders, decided to permanently close down the student residence at the University from which these acts were perpetrated. 572. In South Africa, everyone has the right to equal protection and benefit of the law. No one may be discriminated against on any ground. The Constitution extends this protection to all groups, including persons with alternative life and sexual orientations. Successful cases have been adjudicated upon by the South African Constitutional Court where discrimination on some of these grounds could be proven. 573. The Government is in the process of preparing legislation aimed at criminalizing all acts that are repugnant and demeaning of dignity in society. The areas covered in this regard include acts of racism, torture, cruel, inhuman or degrading treatment or punishment, as well as enforced disappearance. Some of the Bills are already at the stage of public consultation. The South African extradition policies are premised on the principle of non-refoulement. Just last week, the Government received the Counter-Terrorism Committee Executive Directorate as part of the Security Council’s evaluation of South Africa’s respect for human rights and fundamental freedoms while countering terrorism. 574. The Government of South Africa is on record as having publicly deplored the recent acts of violence against foreigners in the country by individuals and groups, ostensibly motivated by xenophobia. The prompt and decisive intervention by the Government against individuals and groups responsible for these violent acts of xenophobia manifestly demonstrates that what happened cannot be described as State-sponsored xenophobia. In acknowledgement that many African countries hosted and welcomed many South Africans as refugees in their countries during the dark days of apartheid, South Africans have lived peacefully with immigrants of all types over many years. Thus, the South African Immigration Act is premised on inclusivity. The Government uses the annual Africa Day celebrations as an occasion to promote diversity and multiculturalism. 575. Many of the special procedures of the Council who previously visited the country legitimately recommended to the Government to consider ratifying the International Covenant on Economic, Social and Cultural Rights. South Africa appreciates and welcomes this recommendation. The Government is currently looking at the appropriate structure which can be used as an “implementing agent” to coordinate the various rights resorting under this important instrument. The Government’s position is very clear that the enjoyment of civil and political rights is meaningless unless these rights are inextricably linked to economic, social and cultural rights. The Constitutional Court system, through its adjudications, has given international momentum to the notion of “justiciability” of economic, social and cultural rights. The delegation is currently spearheading an initiative within the framework of the Council aimed at the rectification of the legal status of the Committee on Economic, Social and Cultural Rights. It is one of the few advocates of a very strong optional protocol which would guarantee the true meaning of the practical enjoyment of economic, social and cultural rights, including maximizing remedies for the victims whose economic, social and cultural rights have been violated.

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