PRESENTATION TO STANDING COMMITTEE ON PRIVATE MEMBERS LEGISLATIVE PROPOSALS AND SPECIAL PETITIONS:

SERVICE CHARTER FOR VICTIMS OF CRIME

Department of Justice and Constitutional Development 31 August 2007

INTERNATIONAL LEGAL FRAMEWORK

· Universal Declaration of Human Rights

· International Covenant on Civil and Political Rights

· International Covenant on Economic, Social and Cultural Rights

· International Convention on the Elimination of All Forms of Racial Discrimination

· Convention on the Elimination of All Forms of Discrimination against Women

· Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment

· Convention on the Rights of the Child

OTHER UN INTERNATIONAL LEGISLATION

· United Nations Convention against Transnational Organized Crime

· Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the Convention

· Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power

· Vienna Declaration and Programme of Action

REGIONAL LEGAL FRAMEWORK

Africa

- African Charter on Human and Peoples' Rights

- SADC Declaration on the Elimination of Violence Against Women

Europe

- European Convention on Human Rights

- European Convention on the Compensation of Victims of Violent Crimes, 1983

- Committee of Ministers Recommendation No. R (85) 11 to the Members States of the Council of Europe on the Position of the Victim in the Framework of Criminal Law and Procedure, 1985

Americas

- American Convention on Human Rights

- Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women

South African Constitutional and legal framework

· The right to dignity (Section 10 of the Constitution)

· Section 300 of the Criminal Procedure Act, 1977: right to claim compensation for loss or damage to property

SERVICE CHARTER FOR VICTIMS OF CRIME

· The Charter contains seven rights:

- The right to be treated with fairness and with respect for your dignity and privacy

- The right to offer information

- The right to receive information

- The right to protection

- The right to assistance

- The right to compensation

- The right to restitution

· Victim

A person may be considered a victim, under this Declaration, regardless of whether the perpetrator is identified, apprehended, prosecuted or convicted and regardless of the familial relationship between the perpetrator and the victim. The term "victim" also includes, where appropriate, the immediate family or dependants of the direct victim and persons who have suffered harm in intervening to assist victims in distress or to prevent victimization.

Background

· The President, in his address to the Joint sitting of Parliament on 21 May 2004, made a commitment that Government will finalise the Victims Charter and attend to the needs of victims of crime.

· Cabinet approved the Victims Charter on 1 December 2004.

Victims Service Charter

· The Victims Charter aims to reduce secondary victimization of victims in the criminal justice system; to ensure that victims are central to the criminal justice process; and aims to ensure therapeutic interventions in the Criminal Justice system.

· The Victim's Service Charter strengthens the balance of interest for victims with the community and offenders

· The Victim's Service Charter also serves as an advocacy tool/ instrument for NGO's and CBO's working with victims of crime

Progress to date

· General awareness

-VC translated into all official languages and Braille

-General outreach programs: hosted radio education slots in all African languages

- Web page on VC

- Received 6050 hits

- Currently being revamped

- Training

- 2151 DOJCD personnel trained / briefed

- Incorporating VC into all Justice College Programmes

· Consultations

- Consulted widely with Government Departments

- Called for public submissions during May 2007:

Received inputs from NGOs & CBOs

- Provincial summits:

KwaZulu-Natal, July 2007

Inter-departmental approach

· An Inter-Departmental Committee (IDC) has been established at national level to facilitate the implementation, monitoring and evaluation of the Victims Charter convened by DOJ &CD located within the Office of the Director-General

· IDC membership consists of:

- Departments of Correctional Services, Health, Social

- Development, Education, National Prosecuting Authority, South African Police Services and

- SA Human Rights Commission

- Commission on Gender Equality

Challenges thus far

Lack of knowledge of the rights-based standards and consequently VC

Systemic history of Departments' approach to programming

- Fragmentation

- PFMA

· Paradigm shift from adversarial approach to therapeutic Criminal Justice System