CERD/C/ZAF/CO/3
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12.
The Committee notes the lack of information on how the Traditional Leadership and
Governance Framework Act of 2003 addresses the status of customary law and traditional
leadership, vis-à-vis both national and provincial legislation (art. 2 (c)), in relation to the
elimination of racial discrimination.
The Committee recommends that the State party include detailed information in
its next periodic report on the role of traditional leadership and on the status of
customary law, including on the measures adopted to ensure that the application
of such laws does not have the effect of creating or perpetuating racial
discrimination.
13.
The Committee remains concerned by the de facto segregation that persists as a
legacy of apartheid in spite of the measures the State party has adopted to put an end to this
situation, especially regarding ownership of property, access to finance, and social services
such as health, education and housing (art. 3).
In the light of general recommendation 19 (1995) on racial segregation and
apartheid, the Committee recommends that the State party include detailed
information in its next periodic report on the specific measures adopted to
address the situation of de facto segregation that persists in the State party, and
that it provide information on the impact of these measures.
14.
While acknowledging the provisions of section 16 (2) of the Constitution, sections 7
of the Promotion of Equality Act, 8 of the Regulation of Gatherings Act, and 29 of the Films
and Publication Act, as well as the ongoing discussions started in 2000 on a bill on the
prohibition of hate speech, the Committee is concerned about the frequency of hate crimes
and hate speech in the State party and the inefficacy of the measures in preventing such acts
(art. 4).
In the light of its general recommendation 15 (1993) on organized violence based
on ethnic origin, the Committee recommends that the State party ensure the full
and adequate implementation of article 4 of the Convention, and that it adopt
legislation and other effective measures in order to prevent, combat and punish
hate crimes and speech.
15.
While taking note of the various existing poverty reduction programmes in the State
party, the Committee remains concerned about the extreme poverty of part of its population
and its impact on the equal enjoyment of the human rights by the most vulnerable ethnic
groups (art. 5).
The Committee recommends that the State party include information in its
periodic reports on the socio-economic situation of the population, in particular
regarding disadvantaged ethnic groups, and that it adopt all necessary measures
to reduce poverty and stimulate economic growth. The Committee requests the
State party to provide detailed information on the results of those measures.
16.
The Committee is concerned about acts of violence against women, especially
reports of rapes and domestic violence, in view of the fact that victims are most often women
from disadvantaged and poor ethnic groups (art. 5 (b) and (e)).