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PORTFOLIO COMMITTEE ON CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS 05-06 AUGUST 2009 By Revd. W Mabuza. CRL RIGHTS COMMISSION MANDATE AND The S. A Constitution Founding Act 19 of 2002 The Cultural Charter for Africa
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PORTFOLIO COMMITTEE ON CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS 05-06 AUGUST 2009 By Revd. W Mabuza
CRL RIGHTS COMMISSION MANDATE AND • The S. A Constitution • Founding Act 19 of 2002 • The Cultural Charter for Africa Respect for rules, principles, traditions, languages, mores of society.
Conflict Resolution Administration & Management Research & Policy Development Community Engagement Community /Public Education & Advocacy
VISION National Unity among the Diverse Cultural, Religious and Linguistic Communities
Mission Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities
FUNCTIONS • Developing Cultural, Religious and Linguistic Equality; • Recovering Indigenous Knowledge Systems; • Developing an Inventory of Heritages; • Enabling Communities to expand Responsibility and Accountability; • Intensifying Dialogue among Communities; • Monitoring of the Compliance by the state & civil society with the mandate of the CRL Rights Commission
Mediation of Inter-Community Conflict situations and facilitate Harmonious Co-existence; • Lobby with Government departments & legislative authorities on issues concerning the Rights of Cultural, Religious & Linguistic Communities.
STRATEGIC OBJECTIVES • Peace, friendship, humanity, tolerance • Mutual respect • Development of diminished Heritage • Community Councils
INVESTIGATION & CONFLICT RESOLUTION • Nature of Complaints (complex) • Range from right of access to sacred spaces to cultural practices (e.g Initiation school vz religious activity in Venda)
INVESTIGATION & CONFLICT RESOLUTION • Highest number about Religion • Second highest number about Culture • Least number about Language
INVESTIGATION & CONFLICT RESOLUTION • Rural Communities’ Culture and Religion • Urban Communities’ Languages in Education
RESEARCH & POLICY DEVELOPMENT • Language in Education Policy Implementation - Quotas to satisfy a Constitutional Right of and to Language - More attention to Dual Medium System concerning English and Afrikaans – perpetuation of exclusion of 9 official languages - Is Sepedi and official language or a dialect? - a Constitutional Review Agenda.
Promotion & Protection of Sacred Spaces - Lack or Limited Access to Sacred Spaces; (Violating Rights to Traditional, Cultural and Religious Values and Practices (e.g. graves & burial grounds) • Religious Inequality (Holy days & Holidays in the South African calendar) - Act No. 36 of 1994 promotes Religious Inequality (legislative review) - Promoting and Protecting Rights of Christian Religious Community (Perpetuating disrespect for rights of Islam, Judaism, African religion, Khoi-San ans Rastaffarian Religions)
Rites of Passage - Increased Consciousness about Rites of Passage & the Right of and to Rites - Factors affecting Performance of rite (cases of Yengeni, First Fruits Festival, celebrating success of amaBhokobhoko etc)
Male Initiation Public Hearings • Botched Operations • Amputations • Deaths
Recommendations Made to stakeholders • Holistic approach to address Challenges pre ‘lwaluko’ during ‘koma’ post ‘mophato’ • Community Leadership • Involvement of Traditional and Government Institutions • Understanding the Rationale
PUBLIC EDUCATION & ADVOCACY • Dialogues on Cultural Diversity • Role of Culture, Religion & Language in all Communities • Respect of the Other • Youth Development - Celebration of Diversity in Mpumalanga and N West Provinces
COMMUNITY CONSULTATION • Community Dialogue on Strategy for Recognition of Community Councils • Mini Conferences ---- NCC - Khoe-San Dialogue
FLAGSHIP • Africa Day Celebrations Minority and majority cultural, religious and linguistic community rights • Africa Human Rights Day - Educative approach- information on African Cultural and Religious Systems in relation to Language Rights: Mother Tongue Concept
CRL RIGHTS COMMISSION NCC (12 – 14 July 2008) • Foundation for Second National Consultative Conference (NCC) • Intensification of the Foundation: Mini Conferences in Nine Provinces • Database of CRL Community Organisations • Regulations for Registration of Community Councils
Purpose of NCC Progress Report of CRL Rights Commission National Progress Report Recommendations - future agenda for promotion and protection of the c,r,l rights of communities
BEYOND THE NCC • NCC informs program review • Commission solicits its program focus for alignment with NCC resolutions • Rationale for CC establishment • Maximisation of communication between communities and the Commission
RECOGNITION CRITERIA • Minister signed the Recognition Criteria of CC’s earlier in the year 2009; • Listening campaigns rolled out on awareness of recognition criteria; • Institutional partnerships with sister organisations on provincial presence • Accelerated visibility
CHALLENGES • Budgetary constraints impact on visibility, program and NCC resolution implementation • No direct engagement with National Treasury on budget matters • Governance model between Deputy Speaker’s Office and CoGTA-An issue of debate within the Commission.
CONCLUSIONS THANK YOU