A/HRC/21/16
Introduction
1.
The Working Group on the Universal Periodic Review, established in accordance
with Human Rights Council resolution 5/1 of 18 June 2007, held its thirteenth session from
21 May to 4 June 2012. The review of South Africa was held at the 16th meeting on 31
May 2012. The delegation of South Africa was headed by Andries Nel, Deputy Minister of
Justice and Constitutional Development. At its 18th meeting, held on 4 June 2012, the
Working Group adopted the report on South Africa.
2.
On 3 May 2012, the Human Rights Council selected the following group of
rapporteurs (troika) to facilitate the review of South Africa: Czech Republic, Maldives and
Cameroon.
3.
In accordance with paragraph 15 of the annex to Council resolution 5/1 and
paragraph 5 of the annex to Council resolution 16/21, the following documents were issued
for the review of South Africa:
(a)
A national report submitted and a written presentation made in accordance
with paragraph 15 (a) (A/HRC/WG.6/13/ZAF/1);
(b)
A compilation prepared by the Office of the United Nations High
Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)
(A/HRC/WG.6/13/ZAF/2);
(c)
A summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/13/ZAF/3).
4.
A list of questions prepared in advance by the Czech Republic, Denmark, Iceland,
the Netherlands, Norway, Slovenia, Sweden, and the United Kingdom of Great Britain and
Northern Ireland was transmitted to South Africa through the troika. These questions are
available on the extranet of the universal periodic review (UPR).
I. Summary of the proceedings of the review process
A.
Presentation by the State under review
5.
Andries Nel, Deputy Minister of Justice and Constitutional Development, conveyed
to the Working Group on the Universal Periodic Review the warm greetings of the
Government and people of South Africa.
6.
He stated that South Africa was among the first group of countries to be reviewed
under the UPR in 2008 and, therefore, it was with a deep sense of honour that it presented
its second report to that mechanism, which was based on the purposes and principles
contained in the Charter of the United Nations, including developing friendly relations
among nations based on respect for the principle of equal rights and self-determination of
peoples, and achieving international cooperation in solving international problems of an
economic, social, cultural or humanitarian character and in promoting and encouraging
respect for human rights and fundamental freedoms for all.
7.
Earlier that year South Africa had celebrated 18 years of democracy that had
followed its first democratic elections on 27 April 1994, as well as the fifteenth anniversary
of the entry into force of its Constitution on 4 February 1997.
8.
The Constitution set out the framework within which to overcome the legacy of
apartheid, predicated on the country’s collective desire to heal the divisions of the past and
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