CERD/C/ZAF/CO/3
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In the light of general recommendation 25 (1995) on gender-related dimensions
of racial discrimination, the Committee recommends that the State party adopt
all necessary measures to address those phenomena of double discrimination, in
particular regarding women and children from the most disadvantaged and poor
ethnic groups.
17.
The Committee notes the absence of specific national legislation criminalizing
human trafficking, bearing in mind that victims are often women and children from the most
disadvantaged ethnic groups (art. 5 (b) and (e)).
The Committee recommends that the State party adopt legislation, and other
effective measures, in order to adequately prevent, combat and punish human
trafficking.
18.
While noting the promulgation of the Restitution of Land Rights Amendment Act
of 2004 and the post-settlement support programmes, the Committee is concerned about the
extent of restitution, the sustainable development of resettled communities and the enjoyment
of their rights under the Convention, in particular their rights to housing, health, access to
water and education (art. 5 (e)).
The Committee encourages the State party to strengthen its policy of land
restitution and post-settlement support in order to ensure to those resettled
ethnic communities an improvement in the enjoyment of their economic, social
and cultural rights under the Convention.
19.
The Committee is concerned at the situation of indigenous peoples, inter alia the
Khoi, San, Nama and Griqua communities, and, in particular, hunter-gatherer, pastoralist and
nomadic groups, and notes the absence of information on the specific measures adopted by
the State party to ensure the enjoyment of all rights by those indigenous communities (art. 5
(e)).
In the light of general recommendation 23 (1997) on the rights of indigenous
peoples, the Committee recommends that the State party provide detailed
information in its next periodic report on the situation of the indigenous peoples
and on any special measures, pursuant to article 1, paragraph 4, and article 2,
paragraph 2, of the Convention, taken with a view to ensuring the enjoyment of
their rights under the Convention, including their freedom of movement and
their right to participate in decisions affecting them.
20.
While acknowledging the State party’s programmes for the prevention and treatment
of HIV/AIDS, the Committee is concerned at the high rate of HIV/AIDS among persons
belonging to the most vulnerable ethnic groups (art. 5 (e)).
The Committee recommends that the State party strengthen its programmes in
the field of health, with particular attention to minorities, bearing in mind their
disadvantaged situation resulting from poverty and lack of access to education,
and encourages the State party to take further measures to combat HIV/AIDS.
21.
While noting the recent Refugee Backlog Project, the Committee is concerned about
the substantial backlog of asylum-seekers’ applications (art. 5 (d) and (e)).