Presentation to the Portfolio Committee on Presentation to the Portfolio Committee on International Relations and Cooperation International Relations and Cooperation

9 May 20129 May 2012

The Roles of Parliament The Roles of Parliament in the Implementation of in the Implementation of Human Rights Treaties in Human Rights Treaties in

South AfricaSouth Africa

Distinguishing between Treaties and Human Rights Treaties

Treaties are often agreements between Treaties are often agreements between states regulating specific issues and only states regulating specific issues and only enforceable by states parties enforceable by states parties

Human Rights treaties, though ratified by Human Rights treaties, though ratified by states, can be invoked by individuals to states, can be invoked by individuals to seek redress before regional or seek redress before regional or international human rights bodies.international human rights bodies.

While most treaties do not require a state While most treaties do not require a state to submit reports on progress made, to submit reports on progress made, human rights treaties require states human rights treaties require states parties to submit periodic reports on parties to submit periodic reports on progress made so far regarding a particular progress made so far regarding a particular treaty. treaty.

What are human rights? Human rights are fundamental rights Human rights are fundamental rights

that everyone is endowed with by that everyone is endowed with by virtue of his/her humanity. Human virtue of his/her humanity. Human rights have the following characteristicsrights have the following characteristics

InalienabilityInalienability UniversalityUniversality IndivisibilityIndivisibility InterdependenceInterdependence InterrelatednessInterrelatedness

Nature of International/Regional Human Rights Treaties

Human Rights treaties/instruments seek to Human Rights treaties/instruments seek to protect and promote human rights of all protect and promote human rights of all individuals regardless of their nationality, sex, individuals regardless of their nationality, sex, gender, sexual orientation, class, religion, gender, sexual orientation, class, religion, political affiliations or other statuspolitical affiliations or other status

Sometimes they deal with specific groups or Sometimes they deal with specific groups or categories of people (women, children and categories of people (women, children and migrant workers)migrant workers)

They impose obligations on states to take They impose obligations on states to take adequate steps and measures so as to ensure adequate steps and measures so as to ensure the protection of individuals’ rightsthe protection of individuals’ rights

They provide individuals with the avenues or They provide individuals with the avenues or means of redressing violations of human means of redressing violations of human rights rights

UN Human Rights Treaties The following are some of the human rights The following are some of the human rights

treaties/instruments important to South Africatreaties/instruments important to South Africa InternationalInternational International Covenant on Civil and Political Rights (ICCPR) International Covenant on Civil and Political Rights (ICCPR)

(ratified 10 December 1998)(ratified 10 December 1998) International Covenant on Economic, Social and Cultural International Covenant on Economic, Social and Cultural

Rights (ESCR) (Rights (ESCR) (signed, but not ratified, 3 October 1994signed, but not ratified, 3 October 1994)) Convention on the Rights of the Child (CRC) ( ratified 16 Convention on the Rights of the Child (CRC) ( ratified 16

June 1995)June 1995) Convention on the Elimination of All Forms of Convention on the Elimination of All Forms of

Discrimination against Women (CEDAW) (ratified 15 Discrimination against Women (CEDAW) (ratified 15 December 1995)December 1995)

International Convention on Elimination of All forms of International Convention on Elimination of All forms of Racial Discrimination (CERD) (ratified 10 December 1998)Racial Discrimination (CERD) (ratified 10 December 1998)

Convention on the Rights of Persons with Disabilities Convention on the Rights of Persons with Disabilities (ratified 30 November 2007)(ratified 30 November 2007)

Convention against Torture and other Cruel, Inhuman or Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) (ratified 10 Degrading Treatment or Punishment (CAT) (ratified 10 December 1998)December 1998)

Regional Human Rights treaties/instruments cont.

African Charter on Human and Peoples’ Rights African Charter on Human and Peoples’ Rights (African Charter) (ratified 9 June 1996)(African Charter) (ratified 9 June 1996)African Charter on the Rights and Welfare of African Charter on the Rights and Welfare of the Child (African Children’s Charter) (ratified 7 the Child (African Children’s Charter) (ratified 7 January 2000)January 2000)Protocol to the African Charter on Human and Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of the Peoples’ Rights on the Establishment of the African Court on Human and Peoples’ Rights African Court on Human and Peoples’ Rights (ratified 3 June 2002)(ratified 3 June 2002)Protocol to the African Charter on Human and Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women (African Peoples’ Rights on the Rights of Women (African Women Protocol) (ratified 17 December 2004)Women Protocol) (ratified 17 December 2004)

Human rights treaties to be ratified by South Africa

International Covenant on Economic, Social and Cultural Rights International Covenant on Economic, Social and Cultural Rights (ICESR) signed 1994(ICESR) signed 1994 A 2007 report by the National Assembly and the National A 2007 report by the National Assembly and the National

Council of Provinces Parliament of South Africa, Joint Council of Provinces Parliament of South Africa, Joint Coordinating Committee on the African Peer Review Coordinating Committee on the African Peer Review Mechanism, however, countered that there “is no apparent Mechanism, however, countered that there “is no apparent reason for the country’s failure to ratify the Covenant because reason for the country’s failure to ratify the Covenant because it imposes no greater duties than the Constitution.”it imposes no greater duties than the Constitution.”

Current campaign to ratifyCurrent campaign to ratify Optional Protocol to the International Covenant on Economic, Optional Protocol to the International Covenant on Economic,

Social and Cultural RightsSocial and Cultural Rights Optional Protocol to the Convention against Torture (OPCAT)Optional Protocol to the Convention against Torture (OPCAT) International Convention on the Protection of All Migrant Workers International Convention on the Protection of All Migrant Workers

and Members of their Families (ICRMW)and Members of their Families (ICRMW) International Convention for the Protection of All Persons from International Convention for the Protection of All Persons from

Enforced Disappearance (ICPED)Enforced Disappearance (ICPED) 33rdrd Optional Protocol to the Convention on the Rights of the Child Optional Protocol to the Convention on the Rights of the Child

Monitoring of Human Rights treaties/instruments

Each of these human rights treaties/instruments has a Each of these human rights treaties/instruments has a monitoring/supervisory body, which examines States Party monitoring/supervisory body, which examines States Party reports, issues General reports, issues General Comments/Recommendations/Guidelines and sometimes Comments/Recommendations/Guidelines and sometimes receives individual communicationsreceives individual communications

Some of these include;Some of these include; Covenant on Civil and Political Rights - Human Rights Covenant on Civil and Political Rights - Human Rights

CommitteeCommittee Covenant on Economic, Social and Cultural Rights- Committee Covenant on Economic, Social and Cultural Rights- Committee

on Economic, Social and Cultural Rightson Economic, Social and Cultural Rights Convention on the Rights of the Child- Committee on the CRCConvention on the Rights of the Child- Committee on the CRC Convention on Elimination of All Forms of Discrimination Convention on Elimination of All Forms of Discrimination

against Women- CEDAW Committee against Women- CEDAW Committee Convention on Persons with Disabilities-Committee on UNCRPDConvention on Persons with Disabilities-Committee on UNCRPD Convention against Torture-Committee against TortureConvention against Torture-Committee against Torture African Charter-African Commission on Human and Peoples’ African Charter-African Commission on Human and Peoples’

RightsRights African Women’s Protocol –African Commission/African Court on African Women’s Protocol –African Commission/African Court on

Human RightsHuman Rights African Children’s Charter- Aftican Committee of Experts on the African Children’s Charter- Aftican Committee of Experts on the

Rights and Welfare of the ChildRights and Welfare of the Child

South Africa’s reporting obligations to treaty monitoring

bodies South Africa is under the obligation to South Africa is under the obligation to

report to treaty monitoring bodies on report to treaty monitoring bodies on the steps it has taken to ensure the the steps it has taken to ensure the implementations of the provisions of implementations of the provisions of different treaties it has ratified. different treaties it has ratified.

In return, the treaty monitoring bodies In return, the treaty monitoring bodies are expected to issue what is known as are expected to issue what is known as ‘concluding observations’ on such ‘concluding observations’ on such reports.reports.

So far South Africa has submitted So far South Africa has submitted reports to the following bodies:reports to the following bodies:

South Africa’s reporting to treaty monitoring bodies

(cont.)Treaties Status of Report Pending ReportsICCPR No reports have been

submitted to date. Initial report was due in 2000 and two periodic reports have fallen due in March 2005 and March 2010 respectively. The government is currently preparing this report; it is reportedly at an advanced stage and will be concluded shortly.

CERD The initial report was due in January 2000 but was not submitted. After some delays in submitting the second and third reports, a combined report of the two was submitted in 2004

The consolidated fourth, fifth and sixth periodic reports were due in January 2010 and are currently being drafted by the government

South Africa’s reporting to treaty monitoring bodies

(cont.)CEDAW The initial report was due in January 1997 and was submitted late in February 1998 After delays in submitting the second and third reports in January 2001 and January 2005 respectively, South Africa consolidated these with the fourth report which was only submitted in July 2009. Five shadow reports have been submitted

Fifth report due in 2013

CAT The initial report was due in January 2000 and was submitted late in June 2005. Six shadow reports were submitted.

An additional report requested since Nov 2007 not submitted. Second periodic report still to be submitted

South Africa’s reporting to treaty monitoring bodies

(cont.)CRC Its initial report to the CRC was due in July 1997 and submitted slightly late in December 1997. One shadow report was submitted

The second and third periodic reports fell due in July 2002 and July 2007 respectively. These have not been submitted to date and will be submitted as a consolidated report.

UNCRPD None Initial report due since May 2010

African Charter The initial report was due in October 1998 and was submitted on time. The second, third and fourth reports were due in October 2000, October 2002 and October 2004, respectively. These were submitted late as a consolidated report in May 2005. One shadow report was submitted.

Fifth, sixth (since 2006) and seventh (2010) periodic reports, which are currently being incorporated into consolidated report

ACRWC None Initial report due since 2002

Parliament’s roles in implementing human rights

treaties Encourage ratification of treaties yet to Encourage ratification of treaties yet to

be ratified such asbe ratified such as ICESCR – economic social and cultural ICESCR – economic social and cultural

rightsrights OP-CESCR – Communications procedure OP-CESCR – Communications procedure OPCAT – establishment of national OPCAT – establishment of national

preventative mechanism (NPM) preventative mechanism (NPM) ICRMW – Migrant workers and their families ICRMW – Migrant workers and their families ICPED - Enforced Disappearance, victims ICPED - Enforced Disappearance, victims

can be family memberscan be family members OP3-CRC – Communications procedureOP3-CRC – Communications procedure

Parliament’s roles (cont.) Using international human rights standards and Using international human rights standards and

principles (General Comments/Recommendations principles (General Comments/Recommendations and Concluding Observations) as benchmarks in and Concluding Observations) as benchmarks in drafting laws or scrutinizing legislative proposals drafting laws or scrutinizing legislative proposals (Finland and United Kingdom)(Finland and United Kingdom)

Through ensuring public participation in law making, Through ensuring public participation in law making, parliament is not only fulfilling constitutional parliament is not only fulfilling constitutional mandate but also promoting human rightsmandate but also promoting human rights

Using its law making powers to Increase awareness Using its law making powers to Increase awareness about Treaty Monitoring Bodiesabout Treaty Monitoring Bodies

Requesting Department of International Affairs and Requesting Department of International Affairs and Co-operation and responsible government Co-operation and responsible government departments to keep the committee up to date on departments to keep the committee up to date on the status of SA’s reporting obligationsthe status of SA’s reporting obligations

Parliament's roles cont. Facilitating the domestication of Facilitating the domestication of

human rights treaties in SA.human rights treaties in SA. Publicizing and awareness raising Publicizing and awareness raising

domestically about the proceedings domestically about the proceedings before the Treaty Body and the before the Treaty Body and the concluding observations and concluding observations and recommendations. recommendations.

Monitoring the implementation by Monitoring the implementation by government of Concluding government of Concluding Observations issued by treaty Observations issued by treaty monitoring bodiesmonitoring bodies

Thank You!Thank You!