E/CN.4/1999/15/Add.1 page 5 Northern Province). The National Party, which founded and implemented apartheid, won the elections in Western Cape, and the Inkhata Freedom Party those in Kwazulu Natal. 9. The permanent Constitution signed by President Mandela in 1996 established a unitary State divided into nine provinces (Eastern Cape, Free State, Gauteng, Kwazulu Natal, Mpumalanga, Northern Cape, Northern Province and Western Cape), each having a Provincial Assembly and an Executive Council headed by a Premier. The President of the Republic, the supreme State authority, is elected by Parliament. 10. Today the population is divided into Blacks and Whites; this is a political rather than racial distinction, the term “Black” covering those populations previously subjugated, namely the Africans (70% of a population estimated to be 40 million by the 1997 census), Indians and Coloureds, although not all the members of the last two groups accept this classification. C. Human rights survey 11. Chapter 2 of the 1996 Constitution comprises a bill of rights which guarantees all people universally recognized fundamental rights and freedoms, including the rights to equality, life, freedom of religion, belief and opinion, freedom of expression and freedom of association. The Constitution also guarantees most economic, social and cultural rights, including the rights to property, housing, health and education, and the right to use the language and participate in the cultural life of their choice. A Human Rights Commission has been set up by constitutional law in order to promote human rights and to supervise implementation of the bill. (Human Rights Commission Act No. 54 of 1994) 12. Three other institutions protect human rights in particular fields, namely the Public Protector, the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, and the Commission on Gender Equality. The latter plays an active role in tackling domestic violence. 13. The Public Protector, a type of mediator who replaced the Ombudsman in October 1995, is represented in the nine provinces. He intervenes in cases of infringement of public employees’ rights or of corruption in public administration. With a staff of 27, he is based in Pretoria, but conducts investigations in the field with police assistance. He submits his recommendations to the sphere of government concerned, which generally follows them. Any person may refer a matter to the Public Protector, who will initiate an investigation if he finds the complaint justified. The Public Protector also works closely with the Independent Complaints Directorate, which passes on to him complaints received against the police. 14. The Special Rapporteur had a working meeting with the Chairman of the National Coalition for Gay and Lesbian Equality, who informed him of the problems and sexually discriminatory practices encountered by his members (at school, at work, refusal of medical attention), whether South Africans or immigrants from Namibia, Zimbabwe, Botswana and Zaire. Those with whom the Special Rapporteur spoke informed him that negotiations were now under way with Parliament and the Government aimed at repealing the anti-homosexual legislation