The Commission played an instrumental role during the preparatory process of the State’s Initial Report on the ICESCR as well as during the review process of the State’s report.  South African civil society organisations also made submissions to the Committee in a separate session. The Committee considered a wide range of socio economic rights matters in the country relating to health, education, social support, poverty, unemployment, and food security. Based on its own expertise, a consideration of its meeting with and submission of the South African Human Rights Commission, submissions by civil society organisations and the State Report, the Committee issued recommendations in the form of observations to South Africa

The Committee was mindful of South Africa’s history and the number of positive achievements it has secured for the protection of rights. However, the Committee issued valuable concluding observations to the State in areas where progressive reforms are required. Some of the recommendations/observations by the CESCR for the purposes of strengthening the realisation of socio and economic and cultural rights are that the State:

• design a composite index on the costs of living;
• ensure those with no or little income between the ages of 18 and 59 have access to social assistance;
• expedite the adoption of the Social Assistance Amendment Bill to increase the level of child support grant for orphaned and abandoned children living with relatives, for which it has already earmarked funds; and
• ensure that all migrant, refugee and asylum-seeking children have access to education regardless of their immigration status.

The recommendations affirm a number of the submissions by the Commission to the Committee. The Commission accordingly supports the recommendations directed by the CESCR to the State and urges the South African government to accelerate the implementation of the recommendations. The Commission further echoes concern expressed by the CESCR regarding the State’s declaration entered in relation to articles 13(2)(a) and 14 of the ICESCR, on the basis that the right to basic education is immediately realisable, and not subject to any of the qualifiers espoused in the declaration by the South African government.

The Commission believes that the implementation of the recommendations will be crucial in accelerating the realisation of socio economic and cultural rights in South Africa and will be significant in contributing to the alleviation of poverty and inequality in the country. To this end, the Commission will monitor progress by the State in implementing the recommendations and will encourage broad participation by all stakeholders such as non-governmental organisations, civil society formations, and experts to promote and support the recommendations of the Committee.

Ends

Issued by the South African Human Rights Commission

Gail Smith – Spokesperson Tel: 060 988 3792 This email address is being protected from spambots. You need JavaScript enabled to view it.

Gushwell Brooks – Communications Co-ordinator Tel: 082 645 8573 This email address is being protected from spambots. You need JavaScript enabled to view it.