A/HRC/8/52
page 191
courts and to ensure that this bill is enacted without further delay. It believed that the review
would be enhanced by broad and substantive participation and consultations with civil society
and all branches of government.
590. The Centre on Housing Rights and Evictions welcomed the attention paid by South Africa
to housing rights matters but was concerned that there were no recommendations on housing
rights issues. It also expressed concern about the proposed amendments to the Prevention of
Illegal Eviction from and Unlawful Occupation of Land Act. A further cause for concern was a
recently passed provincial legislation, the KwaZulu-Natal Elimination and Prevention of
Re-emergence of Slums Act, and it was disturbing that other provinces were looking to adopt
similar legislation, particularly considering the ongoing legal challenge to the constitutionality of
this Act. The Centre on Housing Rights and Evictions welcomed the recent historic judgement in
the case of Mazibuko v. City of Johannesburg, which, inter alia, increased the minimum amount
of drinking water the city is obligated to provide to low-income residents in Phiri township in
Soweto. It expressed serious concern at the escalation of forced evictions in Durban and other
cities, noting that in Johannesburg, the “urban regeneration” and gentrification of the inner city is
leading to the eviction of hundreds of thousands of desperately poor people. It suggested that the
Council record these concerns and that the Government address them without delay.
591. Amnesty International welcomed the recommendations on the rights of asylum-seekers and
migrants. It noted that despite assurances by South Africa, the recent wave of xenophobic
violence in May 2008 against victims identified by the perpetrators by their perceived ethnic
origin or status as “foreigners” or asylum-seekers demonstrated a need for much better State
policies. It suggested that South Africa ensure that those subjected to this type of violence and
displacement are afforded effective protection and access to legal remedies and humanitarian
assistance. It noted that a full, independent and impartial judicial inquiry must be conducted into
the violence, including that by law enforcement officials. It noted that the elimination of
discriminatory barriers to access to health services for people living with HIV/AIDS continues to
be a key challenge. It suggested that the Government address inequities, arising from poverty
and gender-based violence, in the access to prevention, treatment, care, and support for those at
risk of or living with HIV/AIDS, with particular attention to women in rural areas. It also noted
with disappointment the limited participation of representatives from the capital in the review.
4. Views expressed by the State under review
on the outcome and concluding remarks
592. In conclusion on the outcome review, the delegation of South Africa welcomed the
opportunity to be reviewed as one of the first 16 States under the universal periodic review
mechanism of the Council on 15 April 2008, at which it had the opportunity to present
South Africa’s challenges, achievements and best practices to the Council and also to learn from
the experiences of other member States. It also welcomed the active participation and
collaborative spirit in which South Africa’s review was conducted, including the insightful
comments and questions. The delegation noted with appreciation the very positive and
constructive statements made in support of South Africa’s efforts to firstly achieve economic,
social and cultural rights, especially from States which had experienced similar challenges in the
past. Furthermore, the comprehensive reports and presentations by all States under review
reflecting their achievements and best practices no doubt constitute valuable resources for
countries that are looking for possible solutions to address their own challenges.
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