Index des droits de l'Homme

c) insufficient measures have been adopted to ensure that all children are guaranteed access to education, health and other social services

r) increase efforts to ensure implementation of principle of non‑discrimination and full compliance with art. 2 CRC, particularly as it relates to vulnerable groups

CERD expresses its satisfaction over the peaceful transition from apartheid, as well as adoption of Constitution of 1996 with its Bill of Rights, enshrining, inter alia, values of "human dignity, equality and non-racism"

w) establishment of South African Human Rights Commission (SAHRC) with competence, inter alia, to promote respect for human rights, monitor and investigate their observance and seek effective redress for human rights violations
n) very active role in eliminating residual effects of racial discrimination and appreciates contribution during dialogue with State

w) adoption of special measures, in context of Durban Declaration and Programme of Action, which are in accordance with paragraph 4 of art. 1 and paragraph 2 of art. 2 ICERD, with purpose of securing adequate advancement of racial or ethnic groups that have experienced discrimination
CERD draws attention of State, however, to fact that such "affirmative action" may not lead to maintenance of unequal or separate rights for those groups after objectives for which they were taken have been achieved

r) endeavour to include, in next report, a qualitative description of ethnic composition of population, in particular indigenous peoples and non-citizens, and, in this connection, draws attention of State to paragraph 8 of general guidelines (2000)

i) include detailed information in next report on role of traditional leadership and on status of customary law, including on measures adopted to ensure that application of such laws does not have the effect of creating or perpetuating racial discrimination

r) (in light of general recommendation 19 (1995) on racial segregation and apartheid) include detailed information in next report on specific measures adopted to address situation of de facto segregation that persists, and provide information on impact of these measures

r) (in light of general recommendation 15 (1993) on organized violence based on ethnic origin) ensure full and adequate implementation of art. 4 ICERD, and adopt legislation and other effective measures in order to prevent, combat and punish hate crimes and speech

r) include information in periodic reports on socio-economic situation of population, in particular regarding disadvantaged ethnic groups, and adopt all necessary measures to reduce poverty and stimulate economic growth
i) provide detailed information on results of those measures

r) (in light of general recommendation 25 (1995) on gender-related dimensions of racial discrimination) 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

r) adopt legislation, and other effective measures, in order to adequately prevent, combat and punish human trafficking

r) strengthen policy of land restitution and post-settlement support in order to ensure to those resettled ethnic communities an improvement in enjoyment of their economic, social and cultural rights under ICERD

r) (in light of general recommendation 23 (1997) on rights of indigenous peoples) provide detailed information in next report on situation of indigenous peoples and on any special measures, pursuant to art. 1, paragraph 4, and art. 2, paragraph 2 ICERD, taken with view to ensuring enjoyment of their rights under ICERD, including their freedom of movement and their right to participate in decisions affecting them

r) strengthen programmes in field of health, with particular attention to minorities, bearing in mind their disadvantaged situation resulting from poverty and lack of access to education
r) take further measures to combat HIV/AIDS

r) (in light of general recommendation 30 (2004) on discrimination against non‑citizens accelerate measures to reduce backlog of applications for asylum

r) provide information on all languages recognized in Constitution, especially their use in education, and on measures to promote indigenous languages, as well as on status, activities and resources of Commission for Promotion and Protection of Rights of Cultural, Religious and Linguistic Communities

r) 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
r) provide non-citizens with adequate information about their rights and legal remedies available against their violation
r) provide detailed information in next report on any specific training programmes and courses for law enforcement officials on human rights and on provisions of ICERD and their application

r) take necessary measures to ensure access to justice, including through use of official languages other than English and Afrikaans, and to establish mechanisms to strengthen provision of legal aid for all members of disadvantaged and poor ethnic groups

i) include in next report statistical information on prosecutions launched, and penalties imposed, in cases of offences which relate to racial discrimination, and where relevant provisions of existing domestic legislation have been applied
r) reminds State that the mere absence of complaints and legal action by victims of racial discrimination may be mainly an indication of absence of relevant specific legislation, or of lack of awareness of availability of legal remedies, or of insufficient will on part of authorities to prosecute
i) ensure that appropriate provisions are available in national legislation and inform public about all legal remedies in field of racial discrimination

r) (in light of general recommendation 31 (2005) on prevention of racial discrimination in administration and functioning of criminal justice system) strengthen measures to reform justice system, and raise sensitivity of members on provisions of ICERD and their application; special consideration may be given to specific issues related to indigenous communities
r) provide detailed information on training courses for members of justice system, including proficiency in languages, and on their career development

r) strengthen existing measures to prevent and combat xenophobia and prejudices which lead to racial discrimination, and provide information on measures adopted with regard to promoting tolerance, in particular in field of education and through awareness-raising campaigns, including in media

r) ratify ICRMW as well as ILO Indigenous and Tribal Peoples Convention, No. 169

> the authorities clearly state that racial/ethnic/religious profiling are neither a part of the collection of intelligence or used in investigations, but rather any profiling is based on individual behaviour

r) Government of South Africa, as part also of preventative action to counter terrorism, to firmly and promptly implement the recommendations of CERD of 19 October 2006