Dec 10, 2019 | Multimedia items, News, Video clips
Today, the ICJ launched the animated video titled “UN Committee Recommends Socio-Economic Rights Protections in South Africa” in commemoration of International Human Rights Day, at an event sponsored in collaboration with local partner Lawyers for Human Rights (LHR).
With support from the European Union (EU), the ICJ and LHR have been jointly implementing a project promoting the protection of Economic, Social and Cultural Rights (ESCR) over the last three years.
The project included workshops co-ordinated by the ICJ and LHR on the protection of ESCR with magistrates, lawyers, paralegals and civil society organizations. As part of the project published a detailed Guide for the Legal Enforcement and Adjudication of Economic, Social and Cultural Rights in South Africa to assist legal practitioners, including magistrates, lawyers, paralegals and civil society, in understanding and applying international and domestic legal standards relating to ESCR. The ICJ also joined other local and international organizations in making submissions to the UN Committee on ESCR, which ultimately informed the Committee’s recommendations to South Africa.
During the event 10 December event in Pretoria, the LHR launched the documentary “Everyone Lies to Popo Molefe”, which tells the true story of the community’s struggle to basic services. Members of the Popo Molefe community were guests of honour at the event, which was also attended by a representative of the South African Human Rights Commission.
“If we can have roads, water and electricity… We are struggling without electricity. This situation we are living in is not good. I wish the President could see this documentary,” Popo Molefe Community Leader Kgomotso Susan Nkolisa said.
The ICJ’s animation explains in simple terms the recommendations made by the UN Committee on Economic, Social and Cultural to the government on South Africa.
These recommendations are based on the international standards and protection of the rights contained within the International Covenant on ESCR ratified by South Africa in 2015.
The animation uses illustrative examples of South Africa’s obligations under the Covenant relating to housing, education and just and equitable wages, urging viewers to hold government accountable for the implementation of the UN Committee’s recommendations.
Watch the animation
Dec 6, 2019 | Events, News
This year, the ICJ collaborated with the South African Judicial Education Institute (SAJEI) to conduct workshops aimed at strengthening the ability of judicial officers, including Magistrates, to deliver judgments in line with the Constitution and international law. The workshops focused on housing rights and informal traders’ rights.
Topics covered included the social and economic context of South Africa, the role of judicial officers in ensuring the protection of economic, social and cultural rights (ESCR) and the obligation to consider international law standards.
The workshops were conducted using the ICJ Practitioners’ Guide on ESCR and tailor-made training resources that the ICJ designed and produced with SAJEI, while the European Union and the German Institut für Auslandsbeziehungen’s Zivik programme supported the training financially.
Senior magistrate and judicial educator at SAJEI Jinx Bhoola and ICJ Legal Advisor Tim Fish Hodgson facilitated the workshops with the support of ICJ Associate Legal Advisor Khanyo Farisè.
Most of the judicial officers who participated were Magistrates.
“Ensuring effective access at a magistrates’ court level is crucial as Magistrates are the judicial officers concerned with delivering justice in the majority of cases at first instance level. Besides, the majority of people living in South Africa will rarely have the means or assistance to access justice in High Courts,” Hodgson said.
The workshops aimed to introduce the international human rights law and standards framework on social and economic rights to Magistrates.
“The hope is that Magistrates will be able to more effectively perform their functions, while drawing on international law, in cases relating to housing rights and the rights of informal traders if equipped with easily accessible resources to do so,” Hodgson added.
Adding to this, Farisè said: “There is sometimes an assumption that certain groups of individuals are excluded from the rights provided for in the Bill of Rights. It must be emphasized that international human rights law and the right to dignity in the South African Constitution apply to all”.
“When considering these cases, it’s important that judicial officers including Magistrates, have a human rights approach,” Farisè added.
The workshops were well-received. “The Magistrates engaged with energy and enthusiasm with the workshop material, confident that they will be able to ensure the enforcement of socio-economic rights and the securing of access to justice for all in South Africa,” Hodgson said.
Contact:
Khanyo Farisè, Legal Adviser, e: Nokukhanya.Farise(a)icj.org
Tim Fish Hodgson (Legal Adviser), e: Timothy.Hodgson(a)icj.org
Nov 26, 2019 | News
Three exceptional women – Huda Al-Sarari, Norma Ledezma and Sizani Ngubane – are the finalists for the 2020 Martin Ennals Award, a demonstration of the leading position now occupied by women in the defence of human rights. The ICJ is member of the MEA Jury.
In Yemen, Huda Al-Sarari has exposed and challenged the existence of secret prisons and many cases of torture.
In Mexico, Norma Ledezma is fighting against femicides and disappearances.
In South Africa, Sizani Ngubane is fighting for access for women to education and to land.
Three women nominated: a first
Each year, the Martin Ennals Award rewards human rights defenders from around the world who distinguish themselves by their strong commitment to promoting human rights – often at the risk of their own lives.
In 2020, for the first time the Jury nominated three women who defend the fundamental rights of their communities in sensitive contexts.
“The Martin Ennals Foundation is proud to recognize the courageous work of three women. For the 2020 edition, our Jury’s choice reflects the ever-greater global impetus of individuals – whatever their gender – who are committed to respect for human rights and women’s rights in particular,” said Isabel de Sola, Director of the Martin Ennals Foundation.
“The finalists for the 2020 Martin Ennals Award work on different continents, but all three have in common their resilience, determination, a tremendous rigour and, finally, the positive and concrete impact of their work,” added Hans Thoolen, Chairman of the Jury.
In Yemen, where the conflict has been ongoing since 2005, Huda Al-Sarari, a Yemeni lawyer, unveiled the existence of several secret detention centres where the worst violations of human rights were committed: torture, disappearances or even extrajudicial executions.
In South Africa, women face discrimination, the worst expression of which is widespread gender violence. In rural communities, they frequently have their land expropriated and are deprived of access to education and justice. Sizani Ngubane founded an organization of more than 50,000 women from rural areas in her country and has fought successfully for over 40 years for the recognition of their rights.
In Mexico, the civil population is paying a high price for the weakness of the rule of law which is underpins widespread violence and impunity. Women are the primary victims, with more than 3,500 femicides committed each year. Norma Ledezma, who is the mother of one of the victims, puts all her energy into supporting families seeking access to justice in the state of Chihuahua.
The finalists were selected by a jury made up of representatives of ten of the world’s leading human rights organizations: the ICJ, Amnesty International, Human Rights Watch, Human Rights First, International Federation for Human Rights, World Organisation Against Torture, Front Line Defenders, EWDE Germany, International Service for Human Rights and HURIDOCS.
The 2020 Martin Ennals Award will be given to one of the three finalists on 19 February 2020 at a livestreamed public ceremony. The event is hosted by the City of Geneva which, as part of its commitment to human rights, is a longstanding supporter of the Award.
Contact
Olivier van Bogaert, Director Media & Communications, ICJ representative in the MEA Jury, t: +41 22 979 38 08 ; e: olivier.vanbogaert(a)icj.org
Chloé Bitton, Communications Manager, Martin Ennals Foundation, t +41 22 809 49 25 e: cbitton(a)martinennalsaward.org
Universal-MEA2020bios-News-2019-ENG (full bios of finalists, in PDF)
Universal-MEA2020bios-News-2019-ARA (full story and bios of finalists in Arabic, PDF)
Nov 4, 2019 | News
The ICJ today expressed its grave concern at the conduct of police forces in their enforcement of a court order to remove refugees and asylum seekers from the offices of the United Nations High Commission for Refugees (UNHCR) in Cape Town on October 30.
Police appeared to be using excessive and unlawful force, resulting in injuries to some protestors.
The ICJ called for a prompt independent, impartial, and through investigation into the police conduct, with a view to holding account officials responsible for any ill-treatment and to prevent such methods of policing to recur.
While trying to remove largely peaceful protestors from the premises, police fired rubber bullets and stun grenades against refugees who were protesting in the streets of Cape Town last week. A video clip widely shared on social media showed police ripped a baby from a woman.
The court had granted an interdict to remove the group in Cape Town on October 18 at the Cape Town Magistrate’s Court following an application by the building landlord to evict the group. More than 100 protestors were arrested and released on warnings.
“The way refugees were treated in Cape Town on Wednesday is shameful. South African authorities should be acting to protect migrants from the xenophobic violence and threats they have been experiencing, not to perpetuate them,” said Arnold Tsunga, ICJ Africa regional director.
Refugees and asylum seekers had staged a sit-in outside the UNHCR offices in Cape Town and Pretoria for four weeks now, pleading to be resettled outside of South Africa, claiming that they felt unsafe. They said that recent attacks on foreign nationals left them feeling unsafe in South Africa. (Read the ICJ statement on the attacks here.)
In a statement, the UNHCR said the organization had received concerns of personal safety, access to documentation, challenges accessing services, and lack of job opportunities from the asylum seekers and refugees who had been camping outside of its offices.
The statement also indicated that some of the protesting group had demanded resettlements, which were only available for a limited number of vulnerable refugees. The UNHCR said it had been engaging with the refugees and asylum seekers since the protests began, encouraging them to participate in constructive dialogue to address their grievances and find a peaceful resolution to the situation.
“We call on South African authorities the United Nations Human Rights Council (UNHRC) to urgently address migrants’ concerns in a constructive and amicable manner before the situation escalates further,” Tsunga added.
Background
South African law and international law forbid the unnecessary and disproportionate use of force and protect people from ill-treatment. .
The UN Basic Principles on the Use of Force and Firearms by Law Enforcement Standards provides that law enforcement officials must use restraint and may use force only where only where strictly necessary, and any such force must be proportionate to the legitimate object, such as making a lawful arrest and protecting the lives and safety of others.
South Africa is party of the African Charter of Human and Peoples Rights and the International Covenant on Civil and Political Rights, both of which guaranteed from torture and cruel, inhuman or degrading treatment, including that resulting from unlawful use of force.
Contact
Arnold Tsunga (Director): c: +26 37 7728 3249 e: arnold.tsunga(a)icj.org
Shaazia Ebrahim (Media Officer): c: +27 71 670 6719 e: shaazia.ebrahim(a)icj.org
Nov 1, 2019 | News, Op-eds
An opinion editorial by Shaazia Ebrahim, Communications Consultant for ICJ’s Africa Programme.
Nomfundo Ngobese (25) was used to waking up at 4am to walk the 35km from her home in Nquthu, northern KwaZulu Natal (KZN) to school. In the blistering heat and the freezing cold, crossing rivers and sometimes dodging rain and lightning, Ngobese, was like many South African school learners who walked for hours to get to and from school each day.
“We had to wake up past 4 so that at past 5 we can go to school. In winters when we had to go to school, it was dark. We didn’t feel safe… We didn’t even realise the difficulties our smaller siblings were facing. It’s a thing that we just got used to,” Ngobese said.
While learners all over South Africa walk for hours every day to get to school and back home, KZN has the greatest need for scholar transport. According to the 2016 General Household Survey done by Statistics South Africa, some 483 633 learners in KZN walk more than half an hour in one direction to school each day.
But the end of the battle for learners with similar experiences to Ngobese could be in sight.
On October 23, Ngobese joined other Equal Education (EE) post-school youth organisers in picketing outside the Pietermaritzburg High Court. EE, represented by the Equal Education Law Centre (EELC), had sued the KZN Department of Education (DoE) to court to force the government into releasing the provincial scholar transport policy, which should have been available in December 2018.
They emerged victorious when government committed to releasing its Scholar Transport Policy for public comment by 31 January next year. Should the KZN DoE fail to comply, it will have to answer to the courts. The release of this policy is a critical step in ensuring that more learners will be able to have access to school transportation.
EE has been working to achieve free and safe scholar transport in Nquthu since 2014, after Equalisers told EE about the difficulties they faced with scholar transport. Learners highlighted the challenges they faced walking very far distances in extreme heat and in thunderstorms, and crossing rivers and mountains, at great risk of violent crime including sexual assault. Many learners said they felt tired and hungry after the long walk, and could not concentrate properly in class or perform well at school.
“I was once an Equaliser myself and I once walked to school every morning and afternoon,” Palisa Motloung (21) said. “We were never sure what’s going to happen on those routes. I remember this one time when I was walking with my friend, and then we passed a bush and there were men there talking. We couldn’t tell if they were talking on this side or that side of the fence because it was dark. It was very scary, we literally had to run. It was quite an experience and I don’t wish any child should go through that,” Motloung said.
After local visits to schools in Nquthu in 2014 and 2015, EE wrote to the KZN Department of Transport (DoT) and KZN DoE about these hardships learners were facing, and requested information about how they were providing scholar transport in the province. Governments’ replies were unsatisfactory, with the DoE responding that it found that only one of the 12 schools EE discussed qualified for scholar transport.
After long back and forth with government, who provided scholar transport in dribs and drabs, EE found that there was still a desperate need for scholar transport. Government officials claimed that five of the 12 schools did not qualify for scholar transport because learners were not attending the schools closest to their homes. They conceded that seven of the 12 schools did qualify for scholar transport, but said there was no money to provide it. EE took the matter to court.
This is not the first time that a provincial department of education has sued in South Africa for a failure to provide transport for learners. In 2015 the Judge Plasket of the Eastern Cape High Court held in a similar case that “The right to education is meaningless without … transport to and from school at state expense”.
The initial case was set to be heard at the Pietermaritzburg High Court. But before the hearing began, the lawyers representing EE and the lawyers representing the KZN government entered into negotiations with the KZN DoE and KZN DoT made certain promises. The order granted by the Pietermaritzburg High Court stated that the KZN DoE promised to provide scholar transport to learners in the 12 Nquthu schools by 1 April 2018.
While this was a momentous victory for EE, as part of ongoing court processes, the organisation filed a response to the KZN DoE report to the court, recognising the important steps that it had taken, but also noting significant gaps that remain.
The EE urged the KZN DoE in June last year to provide clear timelines for the finalisation of its scholar transport policy. This is a crucial step to clarify which learners qualify for government-subsidised scholar transport, how the KZN DoE and the KZN DoT will work together to provide scholar transport, and how learners’ safety will be ensured.
This report has been delayed for over a year now, but if the decision of the Court is to be implemented, it will be released in January next year.
After coaxing from South African civil society, including EE, The National Learner Transport Policy was finally published in October 2015. The policy contains important scholar transport guidelines and principles that provinces should adhere to. However, while this policy has been finalised, it has yet to be adopted.
The government’s failure to provide learners with transport is a violation of the right to basic education which is protected under the South African Constitution and international law. The International Covenant on Economic Social and Cultural Rights, which South Africa ratified makes clear that education must be free for all learners at a primary school level and should progressively be made free for all learners at all levels.
Free education includes not only the absence of fees but also all other costs include free, reliable and safe transport. This means learners have a right to access their schools safely, and on time, so that they can use their energy to concentrate in class. For many learners in South Africa this is impossible without government funded transport.
“Most of the time, [schoolchildren] wake up very early and they get to school very hungry and tired. This affects their school percentage, the pass rate of the school also gets affected because of the long kilometers that children have to walk to school,” Sanele Zulu (22) said.
“I walked to school but I didn’t even know it was a wrong thing to do until Equal Education came and opened our minds. Even our parents didn’t know it was wrong, they thought that because in the olden days they walked long distances, so we must get used to it. But when EE came to our rural village, something went off in our eyes and we saw things in a different way,” Ngobese said.
Reflecting on their own experiences during school Ngobese, Motloung, and Zulu, continue to use their voices for learners who walk long distances to go to school. Equal Education, with the legal assistance of EELC, continues to advocate for the rights of learners in KwaZulu-Natal and all over South Africa.
Even though the persistent delays in the development and implementation of government policies to facilitate free, safe transport to and from schools is a cause for concern, learner’s faith in the judicial system and rights-based advocacy should be a source of optimism about the future of constitutional democracy in South Africa.
This op-ed was originally published in the Mail & Guardian.
