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.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents