SOUTH AFRICAN HUMAN RIGHTS COMMISSION

Highlights and Constraints: 2003-2004

Introduction

The SAHRC is lulfilling its constitutional mandate of promoting, protecting and monitoring human rights through seven programmes. These programmes tie in with the priorities of the SAHRC around the achievement of equality and the alleviation of poverty.

Programme 1: Commissioners

The highlights of this programme are reflected in the Chairperson's introductory remarks.

Programme 2: Management
· The growth of the SAHRC necessitated the establishment of a properly functioning human resource department and the implementation of an integrated human resource strategy.
· A performance management system is in place based on an objectively derived job evaluation system.
· The information technology systems have been upgraded and the SAHRC acquired an advanced video conferencing facility and a close circuit TV security system.

Programme 3: Advocacy (Media and Communication Unit)
· This programme has been restructured and its functions subdivided between a newly formed media and communication programme and the education and training programme.
· Six publications were produced of which 17 045 were distributed countrywide.
· An increase of 39% was registered as far as hits on the website is concerned.
· The SARRC also registered a favourable media profile in the year under review.


Programme 4: Legal Services
· This programme managed the substantial increase in complaints received during the year under review.
· Six cases were lodge with the equality courts and the "Airline" case and the "Interstate succession" case are in different stages of litigation.
· The Farming Communities project moved into the follow-up phase and responses were received from all major stakeholders relating to implementing the recommendations of the report.

Programme 5: Research and Documentation
· The 4th Economic and Social Rights report released in April 2003 generated much publicised attention and enhanced the SAHRC engagement with various portfolio committees of parliament.
· On request from parliament the 5th Economic and Social Rights report followed a "sectoral" approach and is now published as a set in order to contribute to parliament's engagement with the report. The production of the report also included a much more consultative approach with NGO's and government departments with the SAHRC maintaining its objective stance in interpreting the data.
· Our work on the Equality Legislation hinged on research on "additional grounds" of discrimination and monitoring the functioning of equality courts.
· A separate report on the "Promotion of Access to Information Act" is annexed to the 2003-2004 annual report that documents the substantial work the SAHRC has been doing during the year under review.

· The library services developed into a valuable asset and as a public facility are frequented by NGOs, members of other chapter nine institutions, academic institutions and the public at large.


Programme 6: Education and Training
· Four hundred and twenty two (422) educational interventions were conducted across all the programmes of the SAHRC reaching 41 812 people countrywide. This augmented the trend of increased outreached by the SAHRC since the establishment of the training centre in 2000.
· Ninety seven (97) interventions occurred in rural areas which represent 8 engagements per month in these communities.
· The adoption of the National Curriculum Statement for Further Education and Training builds on the SAHRC work on promotion human rights through the formal education system in addition to structured collaboration with the National Department of Education.
· Fifteen (15) unit standards on human rights, peace and democracy education are out for public comments in anticipation of registration on the National Qualifications Framework (NQF).


Programme 7: Provincial Offices
· The Northern Cape office has been opened in Upington and will formally be launched on 25 October 2004. This office has already proven its worth by providing the SAHRC with access pathways to vulnerable communities in the province. An office in Mpumalanga will open shortly and a building has already been secured. Subsequent to this an office in the North West will be opened during the next financial year.
· The human resource profile of provincial offices has improved substantially with the appointment of legal officers and interns in all of these.
· The provinces deal with their context-bound human rights challenges such as health and other economic and social rights in the Eastern Cape, equality in the Western Cape, prisoners in the Free State, etc.

Constraints/ Shortcomings
· The inconsistency in complaints handling across the provinces persists and the case manager is developing a system to deal with this challenge. This inconsistency gives a skewed picture of patterns of human rights violations and as such hamper the pro-active responses of the SAHRC.
· The difficulty in conducting impact assessment on human rights work leaves the SAHRC unclear about its own contribution to the entrenchment of democracy. Resources will be allocated for impact assessment studies in the next financial year to accompany the annual institutional evaluation to deal with this matter.
· Unplanned work and ad hoc requests seem to be an inevitable feature of human rights promotion and protection that requires a sophisticated response mechanism.
· The lack of adequate support from government departments in relation to requests from the SAHRC remains a constraint that, if dealt with, will save the SAHRC costs and time.
· The human resource challenge of the SAHRC relates to a constraining salary structure that impacts negatively on the recruitment and retention of skilled workers. This salary structure is in part the results of the limited funding of the institution.