South Africa
Rights and Humanity played a key role in ensuring the inclusion of economic and social rights in the Constitution and has now been invited by several stakeholders in South Africa to help clarify how best these might be realised. In a keynote speech to the South African Constitutional Assembly on 1st August 1996, our President urged the Government to include economic and social rights in the post-apartheid constitution. Her speech marked a turning point in the Constitutional debates, and soon afterwards the Government agreed to include provisions modelled on the international law provisions.
As a result, people in South Africa can now take cases to the Constitutional Court to defend their rights, for example if they are denied healthcare or have their water disconnected. Over the last 10 years there have been a number of cases in the Constitutional Court that have further refined the obligations of the state.
Background
The South African Government did not include economic and social rights in the first drafts of the Constitution, as it feared that inclusion of these rights would lead to unrealistic expectations and/or would lead the country into bankruptcy.
Economic and social rights had been included in the ANC’s earlier Freedom Charter and Professor Ben Turok MP, who had been involved in the drafting of the Freedom Charter, was concerned by the absence of these rights in the draft Constitution. In July 1995, Professor Turok invited Rights and Humanity to provide briefing materials for the Government on the international protection of economic and social rights. Our staff put together a number of briefings on this branch of rights. They also prepared a compilation and review of the constitutional protection of human rights around the world.
Professor Turok subsequently persuaded the Constitutional Assembly to hold a Special Hearing so that our President, could explain the obligations under the International Covenant on Economic, Social and Cultural Rights and help allay the fears of the Government.
The hearing was held on 1st August, 1995, in the Parliament, Cape Town. Ms Häusermann emphasised that international law does not require states to provide free food and housing to every citizen. Rather it requires states “to take steps … to the maximum of its available resources, with a view to achieving progressively the full realisation” of these rights and to create the non-discriminatory environments in which everyone is enabled to provide for themselves.
Continued Assistance
Since its involvement in the Constitutional debates, Rights and Humanity has frequently worked with the South African Government, particularly in the context of the Geneva-based process around “the right to development” and preparation for the World Conference Against Racism”, Durban, 2001.
Over the last year, Rights and Humanity has received a number of requests for its continued assistance from various stakeholders.
For example, in May/June 2007, our President was invited by the South African Human Rights Commission to participate in its Public Hearings on the right to health care. During her visit she met with a number of governmental and civil society representatives who considered that it was timely for Rights and Humanity to develop a programme of work in South Africa. We have been invited to contribute our expertise in both international and domestic law as well as in building the capacity of government, local authorities and grassroots communities.
South Africa is one of the three countries in which we are piloting new methods.