CERD/C/ZAF/CO/3
page 5
In the light of general recommendation 30 (2004) on discrimination against
non-citizens, the Committee encourages the State party to accelerate its
measures to reduce the backlog of applications for asylum.
22.
While noting the constitutional rights to receive education in the language of one’s
own choice, the Committee wishes to point out the lack of information on the implementation
of these rights as well as on the measures taken with regard to the promotion of
constitutionally recognized languages, inter alia, the Khoi, San, Nama and sign languages.
The Committee also notes the absence of information on the Commission for the Promotion
and Protection of the Rights of Cultural, Religious and Linguistic Communities (art. 5 (e)).
The Committee recommends that the State party provide information on all
languages recognized in the Constitution, especially their use in education, and
on the measures to promote indigenous languages, as well as on the status,
activities and resources of the Commission for the Promotion and Protection of
the Rights of Cultural, Religious and Linguistic Communities.
23.
The Committee is concerned about allegations of ill-treatment, including extortion,
of documented and undocumented non-citizens by law enforcement officials, inter alia in the
Lindela Repatriation Centre and at the border, and about the lack of investigation of those
cases (arts. 6 and 7).
The Committee recommends that the State party take appropriate measures to
eradicate all forms of ill-treatment, including extortion, of non-citizens by law
enforcement officials, ensure prompt, thorough, independent and impartial
investigation of all those allegations, and prosecute and punish those responsible
for those acts. It further recommends that the State party provide non-citizens
with adequate information about their rights and the legal remedies available
against their violation. The Committee also recommends that the State party
provide detailed information in its next report on any specific training
programmes and courses for law enforcement officials on human rights and on
the provisions of the Convention and their application.
24.
While noting the existence of legal aid mechanisms, the Committee is concerned
about the difficulties of access to justice, especially for members of the most disadvantaged
and poor ethnic groups, including indigenous people, especially those unfamiliar with
English or Afrikaans (arts. 5 (a) and 6).
The Committee recommends that the State party take the necessary measures to
ensure access to justice, including through the use of official languages other
than English and Afrikaans, and to establish mechanisms to strengthen the
provision of legal aid for all members of disadvantaged and poor ethnic groups.
25.
The Committee notes the absence of information on court cases on racial
discrimination in the State party (art. 6).
The Committee requests that the State party include in its next periodic report
statistical information on prosecutions launched, and penalties imposed, in cases
of offences which relate to racial discrimination, and where the relevant
provisions of the existing domestic legislation have been applied. The Committee