OPENING REMARKS OF THE CHAIRPERSON OF THE SOUTH AFRICA HUMAN RIGHTS COMMISSION ON THE OCCASION OF THE APPEARANCE OF THE COMMISSION BEFORE THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT ON THE 17TH MARCH 2006

 

  1. Thank you Chairperson and members of the Committee for the opportunity to, once again present to your Committee the work of the South African Human Rights Commission. We take our accountability seriously and value the comments, insights and views of the Committee.
  2. The process to appoint a new Chief Executive Officer: Following the resignation of the former CEO of the Commission, we immediately put in place a process for the recruitment of a CEO. Advertisements, shortlisting, interviews and management assessment were part of the process and we are pleased to advise that Adv. Tseliso Thipanyane has been identified as the preferred candidate. We have begun the process of negotiating a Performance Agreement with him and remain confident that his skills, knowledge and commitment to the work of the Commission render him an eminently suitable choice.
  3. As Commissioners, we have also reflected on how we relate to the Secretariat and how we ensure that the work we do is in line with the vision of the Commission. To this end, we have developed and signed Performance Agreements, which sets out the performance targets we have set for ourselves, and have aligned them to the Strategic Plan of the Commission. They enable us to hold each other accountable and provide a base from which we can more objectively assess the work of Commissioners.
  4. The Commission held its strategic planning meeting in January 2006 and for the first time invited external experts to share with the Commission their insights and areas of work they thought the Commission could focus on, as ways to explore the possibilities of partnerships between the Commission and other organisations. The SACC, the House of Traditional Leaders, the Foundation for Human Rights and experts from academia participated in this invaluable exercise with us.
  5. Review of Chapter Nine Institutions: While we have been made aware that such a process will soon begin, we are yet to receive further details around the process to be followed. We are committed to fully participating in such a review and have already begun to reflect on some of the matters we understand the review will cover. The matter of conditions of service, a code of conduct, the size and shape of institutions and the matters that relate to what has been termed the rationalisation of institutions are vitally important not just for the institutions concerned but also for the general well being of our democracy.
  6. We have established a Chapter 9 Forum which consists of the heads of the SAHRC, the Public Protector, the CGE, the IEC and the CRL Commission. Terms of reference have been developed and the Forum meets quarterly in order to strategise around common challenges we face, explore opportunities working together and generally to foster closer working relationships between our respective institutions.

  7. The work of the Commission continues to remain relevant and while today’s presentation will focus on the previous financial year we thought it important to share with you some of the work we are currently engaged in. The Public inquiry into the Right to Basic Education was a powerful exercise in accountability, public participation, education and advocacy. It enabled the Commission to bring together all the major role players in education, to critically evaluate the problems, successes and challenges we face in that sector. A draft report is ready, which we hope to finalise shortly.
  8. Just this week, we hosted a seminar on Freedom of Expression and the rights of Religious Communities. It provided much needed space for faith-based communities, the media and other actors to examine the issues around media freedom, its parameters and limitations with particular regard to the rights of religious communities. It was an important dialogue, which enabled a very robust but important exchange of ideas, which we are sure, has contributed to a better understanding of the respective interest groups.
  9. Following a Public Enquiry into the practice of exclusionary policies of voluntary associations (the Right to be Different), the Commission last week launched its report arising out of the enquiry. The report we believe provides useful guidelines to voluntary associations who on the one hand have the right to associate along cultural, religious and other lines while at the same time ensuring that such exclusive associations do not legitimise unfair exclusion and unfair discrimination.

  10. We continue our work and engagement with rural communities and the information, which the Acting CEO will present, will highlight some of the work done on this front - but it is worth mentioning that in the past few months, we have visited Oliewenhoutbosch to try and mediate conflict between South Africans and foreign nationals; visited Delmas and intervened to ensure that the rights of residents were protected; visited Khutsong with other civil society and church groupings in an attempt to ensure minimal disruption in the lives of residents during the upheavals there.
  11. The Commission plans opening its new provincial office in Mmabatho and our human rights week activities will take place in and around the Rustenberg area. This will be the last provincial office established and will ensure that the Commission has a presence in every province.

     

  12. We are also proud to report on the work we do with regard to older persons. In August of 2005 we hosted a forum for older persons, which culminated in the formation of the first ever National Forum for Older Persons. We have housed the Secretariat for the Forum in our offices, for now. The Forum has already been successful in ensuring that Older Persons structures can speak with one voice on issues affecting them, share information and co-ordinate activities.
  13. Victims of Crime and the Victims Charter: The concerns of victims of crime continue to reach the Commission and we are hosting a roundtable at the end of this month, to examine precisely how the Victims Charter is working in practise, what the expectations of victims are, and what the constraints are that service providers function under. The round-table will take place on 30th March and will be attended by government departments responsible for the implementation of the Victims Charter, individual victims and victims groups and civil society representatives.
  14. We have previously raised the concern about the number of Commissioners who serve on the Commission. Given the wide mandate the Commission has, we are constantly under pressure to provide the leadership on human rights matters across the board. There is a need to increase the complement of Commissioners, consistent with the scope and mandate of the Commission.
  15. The international standing of the Commission remains very positive and the Commission regularly hosts staff and Commissioners from other countries. We also participate in training and skills programmes for other Commissions. We enjoy a good relationship with United Nations structures including the Office of the High Commissioner for Human Rights, UNDP and UNHCR.
  16. We have been requested by the Special Advisor of the UN Secretary General to co-chair a sub Saharan consultation on Human Rights and Business which is scheduled to take place on 27th and 28th March in Johannesburg. We see this as an important opportunity to seriously begin to engage business on their human rights obligations.

  17. We have also established and maintained positive working relationships with various government departments including the Justice Department (Equality Act and 10th Anniversary celebrations) Foreign Affairs (South Africa’s human rights obligations) and the Department of Home Affairs (the training of Immigration Officers) to name but a few.
  18. The Commission faces numerous challenges, one of the foremost being to ensure that its capacity and skills matches the requirements of its mandate. This is an ongoing challenge and we seek to address it through appropriate staff development interventions which will be preceded by a comprehensive overview of our institutional capacity.
  19. Finally, we wish to assure you that all of us in the Commission remain acutely aware of the important work that still awaits us, are committed to continuing working to discharge the mandate we have, and that in doing so will seek to work in a collaborative manner with any structure or institution that shares the vision of a society committed to fulfilling its human rights commitments.

 

 

Jody Kollapen

South African Human Rights Commission

15 March 2006