A/HRC/8/32
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commit not only to removing the defence of reasonable chastisement but also to criminalize
corporal punishment concomitant with the pledges towards raising awareness and providing the
necessary resource to support parents in adopting positive and alternative forms of discipline.
Referring to positive steps in the campaign against torture, Slovenia was nevertheless concerned
about the absence of a specific offence of torture or a definition of torture in criminal law. It
recommended South Africa to enact such legislation which would, in line with article 1 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(CAT), prevent and eliminate torture and combat impunity. It asked if the Government has taken
into consideration the recommendation of the Committee against Torture to adopt legislation
implementing the principle of absolute prohibition of torture, and if so, how far along in the process
the country is. It recommended South Africa to systematically and continuously integrate gender
perspective in the follow-up process to the UPR review.
16. Canada noted the transformation of South Africa over the past 14 years in the area of
human rights and its achievements. It also noted reports that abuse of documented and
undocumented migrants has been widespread. It noted that the Committee on the Elimination of
Racial Discrimination (CERD) has made recommendations in this area. Canada recommended the
follow-up to these recommendations and that the rights of migrants be respected, particularly by
law enforcement officials. Canada also noted that the South African Police Services statistics for
reported cases of rape continue to be high. It noted however that police handling these cases of
sexual and domestic violence is often wanting. Canada therefore recommended that concrete
measures be taken to improve handling by police of these cases and to curb rates of violence,
particularly against women and girls. It also recommended that the South Africa Law Reform
Commission’s proposals on the Criminal Law Amendment Act 2007, aimed at supporting and
prosecuting complaints in court and at providing comprehensive State-funded post sexual assault
medical care and treatment services, be implemented. While Canada noted improvements in
combating HIV/AIDS, it stated that there is still inequitable access to ARV treatment and a lack of
support services, particularly for rural women. Canada recommended that measures be taken to
address inequities in access to HIV/AIDS treatment and support, particularly in rural areas.
17. Norway stated that in the peaceful transition after apartheid, South Africa has clearly
demonstrated its commitment to the realization of all human rights for all, and that the
1996 Constitution with its Bill of Rights could be identified as a best practice in this respect.
It referred to a review by an ad hoc parliamentary committee released on 21 August 2007,
which recommended that several commissions be merged into a “super-institution” called the
South African Commission for Human Rights and Equality, and invited for comments on the
status of this recommendation. It noted challenges in some provinces of access to information, and
asked what steps South Africa is taking to ensure the effectiveness of the Promotion of Access to
Information Act.
18. Malaysia noted South Africa’s achievements in the peaceful and democratic transition from
the apartheid regime. It noted the numerous constitutional and legislative measures being taken to
promote human rights and that the people enjoy a better standard of living, with an excellent social
security system. Malaysia also recognized South Africa’s successes in redressing the legacy of
apartheid and racial segregation and in eradicating extreme poverty through judicial reform and
socio-economic development. Malaysia commended South Africa on its leading role in fighting
against racism and racial discrimination and its hosting of the Durban Conference in 2001, and
requested more information on the successes as well as challenges the country faces in relation to
the implementation of the Durban Declaration and Programme of Action.
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