National Action Plan for Human Rights (NAP): Briefing by Deputy Minister of Justice & NAP Co-ordinator

NCOP Security and Justice

07 October 1998
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981007scjustice

SECURITY AND JUSTICE SELECT COMMITTEE
7 October 1998
NATIONAL ACTION PLAN FOR HUMAN RIGHTS (NAP): BRIEFING BY THE DEPUTY MINISTER OF JUSTICE AND NAP CO-ORDINATOR

MINUTES


Mr Moosa (Chairperson - ANC) welcomed the Deputy Minister of Justice to the meeting.

The Deputy Minister asked Dr Russell Ally (Co-ordinator of the National Action Plan for Human Rights) to brief the committee on the status and content of the NAP. He explained that it derived from the Vienna Declaration of 1993 which had called on all member countries of the United Nations to draw up an action plan for Human Rights and to which the present government had subscribed in 1994. The project is run by a co-ordinating committee comprising all government departments and a steering committee. The steering committee has sub-committees dealing with non-violence against women and the coming 10 December celebration (this is the date on which the South African plan will be presented to the UN, it is also the 50th anniversary of the UN Declaration on Human Rights). Only 6 countries have so far submitted action plans to the UN.

The process in South Africa started in May 1997 with a conference convened to discuss the Vienna Declaration. This was followed up by a workshop in July 1997 at which various structures were set up. On International Human Rights Day 1997 President Mandela and Mary Robinson officially launched the project.

Dr Ally said that input at the first level of consultation, that of governmental departments had been sporadic, with some of the monthly meetings being well attended and others not. At the second level workshops have been held in various provinces, where inter alia political and civil rights, economic, social and cultural rights and development had been discussed. The final workshop to discuss the draft document (which is based on the framework established on National Human Rights Day - 21 March) is to be held on Friday 9 October. The draft document is a Government document which identifies the Human Rights situation in South Africa and responses to it. It is hoped that it will function as a resource document.

Public input has been solicited through the establishment of a hotline: 0800 ACTION and the Human Rights Commission website. On 25 November the project committee will launch 16 days of activism against the abuse of women. The final celebration will be on 10 December and will involve the UN, the French government, the EU, UNICEF and others.

Mr Moosa (Chairperson) asked what the response had been to the hotline and website. Dr Ally said that the input had not yet been assessed.

The Chairperson also expressed his disappointment that the committee is being briefed so late in the process. He said that the NCOP is a key national resource which taps in to all 9 legislatures and that as such the NAP may have found it useful to use the NCOP. He asked what stake the provincial governments had been given, given the lack of consultation.

The Deputy Minister apologised for the oversight on the part of the committee, but said that the Intergovernmental Forum had been briefed and that therefore all the Prime Ministers were on board. The NAP had also written to the NCOP on National Human Rights Day - it was therefore only the oral presentation which had been delayed.

Mr Surty (ANC) said that while the committee is conscious of the Deputy Minister's contribution to Human Rights, he was disappointed that the NAP had not used the constitutional mechanisms which they had at their disposal in terms of the NCOP to gain coherence in assessing socio-economic rights in various provinces. He also said that the approach taken by the NAP in differentiating between first, second and third generation rights did not seem to be in line with the move away from distinguishing rights in this way. For example, he said, human dignity relates to resources and while the right to equality is usually understood as equality before the law, we take a more positive approach.

Dr Ally agreed with this point and pointed out that South Africa was unique in making socio-economic rights justiciable. The differentiation had been made for convenience. He said that there was a need to prioritise, because there were different needs in different areas and in terms of race, gender and vulnerable groups, such as disabled people. The NAP reflects government policy and it is up to the provinces to develop their own action plans within this framework.

The Deputy Minister pointed out that the plan covers a period of five years and that implementation during this period would require co-operation from the provinces.

Mr Moosa (Chairperson) asked whether the action plan taps into existing Human Rights structures and programmes. He also pointed out that violence against women often correlates with a high incidence of alcoholism and that any plan would therefore have to encompass these problems. Furthermore, who drives the process?

Dr Ally said that the HRC, Gender Commission and others were all part of the monitoring process. The NAP has to focus on national initiatives and cannot put in too much detail. This is up to the provinces and other structures. At this stage government is driving the process, but is for cabinet to decide how it will move forward.

Mr Surty suggested that the NAP arrange for all 9 legislatures to debate the plan on the same day and that discussion of the plan be included in public discussions on the Domestic Violence Bill.

The Chairperson requested that the committee be kept informed and that it be included in ongoing discussion.

The meeting adjourned.

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