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reminds the State party that the mere absence of complaints and legal action by
victims of racial discrimination may be mainly an indication of the absence of
relevant specific legislation, or of a lack of awareness of the availability of legal
remedies, or of insufficient will on the part of the authorities to prosecute. The
Committee requests the State party to ensure that appropriate provisions are
available in national legislation and to inform the public about all legal remedies
in the field of racial discrimination.
26.
While noting the existence of various training programmes for officials of the
administration of justice, the Committee is concerned by the findings of SAHRC on the
deficiencies in the administration of justice (arts. 6 and 7).
In the light of its general recommendation 31 (2005) on the prevention of racial
discrimination in the administration and functioning of the criminal justice
system, the Committee recommends that the State party strengthen its measures
to reform the justice system, and raise the sensitivity of its members on the
provisions of the Convention and their application. Special consideration may
be given to specific issues related to indigenous communities. It further
recommends that the State party provide detailed information on training
courses for members of the justice system, including proficiency in languages,
and on their career development.
27.
While acknowledging the “Roll Back Xenophobia” campaign, the Committee
remains concerned at the persistence of xenophobic attitudes in the State party and negative
stereotyping of non-citizens, including by law enforcement officials and in the media, as well
as at reports of racist behaviour and prejudices, in particular in schools and farms, and the
inefficiency of the measures to prevent and combat such phenomena (art. 7).
The Committee recommends that the State party strengthen its existing
measures to prevent and combat xenophobia and prejudices which lead to racial
discrimination, and provide information on the measures adopted with regard to
promoting tolerance, in particular in the field of education and through
awareness-raising campaigns, including in the media.
28.
While acknowledging the adoption of the “South African Millennium Statement on
Racism and Programme of Action”, the Committee recommends that the State party take into
account the relevant parts of the Durban Declaration and Programme of Action when
implementing the Convention, in particular in respect of articles 2-7 of the Convention. It
further recommends that it include in its next periodic report information on measures taken
to implement the Durban Declaration and Programme of Action at the national level.
29.
The Committee requests that the State party’s report and the present concluding
observations be widely disseminated throughout the State party, in the appropriate languages.
30.
The Committee recommends that the State party consult with organizations of civil
society working in the area of combating racial discrimination, as well as with SAHRC, in
connection with the preparation of the next periodic report.