SOUTH AFRICAN HUMAN RIGHTS COMMISSION

1. SOUTH AFRICAN HUMAN RIGHTS COMMISSION Presentation on Strategic Plan and Annual Performance Plan to the Portfolio Committee on Justice and Constitutional Development 04 July 2014

2. Contents • Introduction • PART A: Overview of strategic plan 2014 – 2017 and Annual Performance Plan 2014/15 • PART B: Overview of 2014/15 Budget • PART C: Update on legal investigations

3. Introduction: Legislative framework for planning • National Treasury Regulations for strategic planning processes • Framework for strategic plans (3 year strategic plan aligned with Medium Term Expenditure Framework) • Annual Performance Plans • Periodic reviews • Public Finance Management Act and Treasury Regulations for monitoring, evaluation and reporting processes • Establishment of systems and procedures for monitoring and evaluation • Monthly, quarterly, midyear and annual reporting requirements • Establishment of other internal control systems for good corporate governance

4. Introduction:Legislative mandate for implementation • Constitution – protection, promotion and monitoring mandate • Promotion of Access to Information Act (PAIA) • Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) • Promotion of Administrative Justice Act (PAJA) • In respect of these, Commission has to: • Promote awareness • Monitor compliance • Report to Parliament • Develop recommendations • Human Rights Commission Act – composition, powers and functions

5. Introduction:Vision, Mission and Values • Vision: Transforming society. Security rights. Restoring dignity. • Mission: The Commission as the independent national human rights institution is created to support constitutional democracy through promoting, protecting and monitoring the attainment of everyone’s human rights in South Africa without fear, favour or prejudice. • Values: Integrity, honesty, respect, objectivity, Batho Pele principles and equality.

6. Introduction:SAHRC Approved Organisational Structure

7. Introduction:SAHRC Approved Organisational Structure…cont.

8. PART A: Overview of Strategic Plan and Annual Performance Plan

9. Overview:Strategic Plan • Previous strategic planning cycle focused on strengthening protection mandate • Consequent improvements in complaints resolution rates from 79% in 2012/13 to 93% in 2013/14 • 2014-2017 Strategic plan marked by detailed reflection on the full mandate, with strategic decision to integrate protection, promotion and monitoring • Increased focus on the promotion and monitoring mandates • The plan also increasingly realises the need for outcome oriented planning, evaluation and reporting • Revised key strategic outcomes

10. Overview: Key strategic outcomes • Using and projecting a broader Constitutional and legislative mandate • Engagement with processes of enacting legislation that promotes Constitutional human rights obligations • Enhancing understanding of international and regional issues through engagement with stakeholders • Enforcing protection of rights through alternative dispute resolutions and litigation • Intensifying advocacy as well as public and community outreach

11. Overview: Key strategic outcomes • Re-clustering strategic focus areas to enhance effectiveness • Strengthening key stakeholder relationships • Developing the institution as a learning organisation • Strengthening capacity that supports delivery on the mandate

12. Overview: Key strategic outcomes 1. Use of the broad Constitutional and legislative mandate • Create new understanding of the mandate • Legal and research to put together Articles etc to create intensified understanding of the mandate • Shared mandate requiring shared responsibilities with other institutions • Collaboration with other institutions sharing the mandate • Follow up on referrals • Partnerships with civil society

13. Overview: Key strategic outcomes 2. Engage with process of enacting legislation that promotes Constitutional human rights obligations • Ensuring that full mandate is incorporated into Acts • Engage with legislative making bodies and relevant stakeholders • Ensure that Legislatures enact legislation that promotes Constitutional obligations • Submissions on draft legislation • Propose new legislation

14. Overview: Key strategic outcomes 3. Enhance understanding of International and Regional issues • Engagement with Special Rappoteurs and other stakeholders participating in international and regional forums to enhance understanding of international and regional issues • Increased use of international and regional instruments to improve functionality and impact (S231 to 233) • Ensure domestication of international and regional instruments

15. Overview: Key strategic outcomes 4. Enforce protection of rights through alternative dispute resolutions and litigation • (S38: Acting on behalf of persons who cannot act in their own name – anyone acting in the public interest may do so) • Systematise integrated use of outputs to maximise impact - use of recommendations and findings to maximise impact • Use of litigation to enforce rights and challenge systemic problems

16. Overview: Key strategic outcomes 5. Intensify advocacy and public outreach • Evidence based public outreach and advocacy events • Baseline studies – advocacy interventions – evaluation of interventions • Advocacy for law reform • Develop advocacy strategy – to improve better conceptualisation of advocacy programmes • Creative use of media to promote advocacy • Integrated use of outputs to promote advocacy - develop promotional material based on report recommendations and findings

17. Overview: Key strategic outcomes 6. Re-clustering of Strategic Focus Areas to enhance effectiveness • Establish principles for determination of SFA (based on rights, demographics, research findings, nature of complaints etc) • Clustering of similar or interdependent rights • Ensure broad mandate areas are covered e.g. access to justice • Consider pairing of Commissioners with senior staff conversant with human rights issues and provincial demographics • Determination of annual thematic areas based on identified principles

18. Overview: Key strategic outcomes 7. Strengthen key stakeholder relationships • Develop advocacy package to articulate position of the Commission • Briefings with Parliamentarians and political leadership • Curriculum and policy review to strengthen human rights thinking within government and public bodies • Improve relations with the media and employ creative use of media to promote advocacy

19. Overview: Key strategic outcomes 8. Develop the institution as a learning organisation • Play research convening role and alignment of nationwide research outputs - become human rights research reference point in the country • Develop innovative research outputs – documentaries etc • Develop knowledge management system to capture and store all research outputs • Sharpen protocols to government to include analysis of budget allocations • Use of research to influence government policy and legislation – start tracking of legislation at policy level

20. Overview: Key strategic outcomes 9. Strengthen capacity that supports delivery on the mandate • Capacity for legislative review • Intensified research, legal and investigative skills • Requests for increased resources given the broad mandate • Adequate resources to carry out the mandate: training, hiring of competent staff etc

21. Overview: Commissioners’ strategic focus areas

22. Overview: Strategic objectives • Promote compliance with international and regional obligations • Position the Commission as the focal point for human rights in South Africa • Enhance and deepen the understanding of human rights and promote a human rights culture • Advance the realisation of human rights • Use and project a broader Constitutional and legislative mandate • Improve the effectiveness and efficiency of the Commission to support delivery on the mandate

23. Overview: Annual Performance Plan -strategic objective 1 1. Promote compliance with international and regional obligations • Participate in 6 ICC Chairperson’s role activities • Participate in 2 international SAHRC activities • Participate in NANHRI activities • Participate in ACHPR activities • 100% implementation of Annual SAHRC Action Plan based on outcomes of international and regional activities

24. Overview: Annual Performance Plan -strategic objective 1 • Promote compliance with international and regional obligations • 4 study tours hosted for capacity development of other National Human Rights Institutions • Annual International Human Rights Report • 100% draft submissions on relevant international human rights instruments / country reports • Meeting with selected United Nations mandate holders

25. Overview: Annual Performance Plan -strategic objective 2 2. Position the Commission as the focal point for human rights in S. A • 108 stakeholder engagements • Host 18 provincial human rights clinics • Participate in 12 Parliamentary and Provincial Legislature meetings • 100% implementation of resolutions from the Forum for Institutions Supporting Democracy

26. Overview: Annual Performance Plan -strategic objective 2 2. Position the Commission as the focal point for human rights in S. A • Establish and convene Section 5 Committees as a mechanism for positioning the Commission as a focal point for human rights • 100% implementation of Annual Media and Communications Plan • Host Conference on 20 years of democracy

27. Overview: Annual Performance Plan -strategic objective 3 3. Enhance and deepen the understanding of human rights and promote a human rights culture • Host 2 national human rights events • Host 18 provincial human rights calendar day events • Produce promotional material • Complete advocacy report

28. Overview: Annual Performance Plan -strategic objective 4 4. Advance the realisation of human rights • Complete an Annual Monitoring and Evaluation Report • Complete a baseline survey of public perceptions • Complete S184(3) Report • Complete 2013 Special Focus Area Report • Develop Draft Matrix for 2 ESR areas

29. Overview: Annual Performance Plan -strategic objective 4 4. Advance the realisation of human rights • Ongoing data gathering for 20 years of SAHRC report and documentary • 100% submissions on relevant draft legislation • Complete the Annual Complaints Trends Analysis Report • Conduct feasibility study for establishment of a Complaints Intake Center • Review Complaints Handling Manual and Procedures

30. Overview: Annual Performance Plan -strategic objective 4 4. Advance the realisation of human rights • Develop proposals for instituting 2 strategic impact litigation cases • 100% completion of a project on corporal punishment • 85% finalisation of cases • 4 National hearings conducted

31. Overview: Annual Performance Plan -strategic objective 5 5. Use and project a broader Constitutional and legislative mandate • Complete Annual Equality Report • Submit PAIA Annual Report to Parliament • Submit 1 Recommendations Report to DOJCD • Complete Institutional Compliance Report

32. Overview: Annual Performance Plan -strategic objective 5 5. Use and project a broader Constitutional and legislative mandate • 100% implementation of Equality Review Committee meetings resolutions • 100% implementation of PAIA promotion and advocacy strategy • Conduct 10 community sessions for PAIA Law Clinic

33. Overview: Annual Performance Plan -strategic objective 6 6. Improve the effectiveness and efficiency of the Commission to support delivery on the mandate • 100% implementation of PMER Policy • Compliance with legislative planning and reporting requirements: • Estimated National Expenditure Estimates submission • Annual Report • Strategic Plan and Annual Performance Plan c) Clean audit / unqualified audit opinion for 2014/15

34. Overview: Annual Performance Plan -strategic objective 6 6. Improve the effectiveness and efficiency of the Commission to support delivery on the mandate • 100% implementation of action plan resulting from audit findings • 100% implementation of strategic risks annual treatment plan • 85% compliance with all relevant legislative, regulatory and policy requirements • 100% implementation of Internal Audit Plan

35. Overview: Annual Performance Plan -strategic objective 6 6. Improve the effectiveness and efficiency of the Commission to support delivery on the mandate • 100% implementation of organisational Capacity Development Plan • 100% implementation of Records Management Plan • 100% development of Knowledge Management Plan

36. PART B: Overview of 2014/15 Budget

37. IDEAL BUDGET: 2013/14

38. PARLIAMENTARY RECOMMENDATIONS FOR THE FORWARD USE OF RESOURCES • National Assembly Budget Review and Recommendations Report: “The Committee was appalled to learn that commissioners lack the budget to travel internally to undertake investigations, meet with stakeholders, etc. It requested that the Commission provide it with funding proposals, which was done. The following amounts are proposed: R2.21 million for 2013/14; R2.43 million for 2014/14 and R2.67 million for 2015/16” “The Committee recommends that the South African Human Rights Commission be provided with the following additional funds for the MTEF period”:

39. PARLIAMENTARY RECOMMENDATIONS FOR THE FORWARD USE OF RESOURCES

40. PARLIAMENTARY RECOMMENDATIONS FOR THE FORWARD USE OF RESOURCES • In addition, the following items were identified as requiring additional funding: • Commissioner’s travel – R2.21 million for 2013/14; R2.43 million for 2014/15 and R2.67 million for 2015/16. • Chairing the National Human Rights Institutions International Co-ordinating Committee – R2.33 million annually • In total, Parliament recommended additional amounts are as follows: R37.5m (2013/14) R21.116m (2014/15) R21.4m (2015/16)

41. MTEF BASELINE: 2013/14

42. BUDGET ALLOCATION: 2014/15

43. BUDGET ALLOCATION: 2014/15

44. PART C: Update on legal investigations

45. Overall Number of Cases Handled by the Commission during the 2013/14 Financial Period

46. Overall Number of Cases Finalised during the 2013/14 Financial Period

47. Top 5 Types of Cases for the SAHRC

48. Marikana Status Report Phase One: An investigation of the lawfulness of the conduct of the SAPS and its members in fatally shooting 34 people injuring protestors The SAHRC has produced expert evidence from: • Gary White MBE, Director of Operations at the global consultancy, Ineqe, who advises on public order policing, with 30 years policing experience, and due to testify at the Commission in the week of 23 June 2014. • Professor ChristofHeyns, United Nations Special Rappoteur on extrajudicial, summary or arbitrary executions. • Commissioner Titus, a Commissioner of the SAHRC overseeing the area of human rights and law enforcement. • Forensic evidence on gunshots fired at Scene 1 on 16 August 2012. • In addition to the above-mentioned evidence, cross-examined various witnesses and produced a number of evidential analyses on the objective evidence before the Commission.

49. Marikana Status Report Phase Two: intends to address the longer term, social and environmental causes of the conflict at Marikana. The SAHRC has: • Attended and participated at three seminars held by the Marikana Commission of Inquiry, namely Bargaining Arrangements in Platinum; Mining and Migrancy; and Violence in Industrial Relations. • Requested discovery from a number of parties, including Lonmin Plc and local government, to enable the SAHRC to undertake additional work in Phase Two. This may include the Social and Labour Plan (SLP) system and Lonmin’s compliance with its SLP commitments and the Business and Human Rights Framework and Lonmin’s compliance with prevailing standards.

50. Key Investigations Craig Thiem // Lenard Mac Kay / Principal of Wilgehof Primary School / Chairperson of the School / Governing Body, Wilgehof Primary School (FS/1314/0083) • The First Respondent is alleged to have violated the right to equality, human dignity, education and the rights of the child of the learners by referring to them as ‘kaffirs’, ‘monkeys’, ‘baboons’ and ‘barbarians’.The First Respondent is further alleged to have displayed an old South African flag and pinned to the wall a caricature depicting Mr Julius Malema alongside baboons in the classroom. • The Commission found that the First Respondent’s crude racist remarks perpetrated against black learners constituted a clear incident of hate speech as defined by PEPUDA. The First Respondent’s act of hate speech constitutes a clear violation of both the right to equality and human dignity of the learners.