PHM-Exch> South Africa to Ratify International Socio-Economic Rights Covenant (ESCR)

[Claudio Schuftan]

From: Leslie London <Leslie.London at uct.ac.za>

 From: Kate Tissington <Kate at seri-sa.org> 2012/10/12 04:46 PM >>>


Issued by the ICESCR Ratification Campaign Driver Group

12 October 2012

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*SOUTH AFRICA TO RATIFY INTERNATIONAL SOCIO-ECONOMIC RIGHTS COVENANT*

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*South African Human Rights Groups welcome Cabinet’s approval of South
Africa’s ratification of the United Nations International Covenant on
Economic, Social and Cultural Rights (ICESCR)*



Almost eighteen years after the South African government signed the ICESCR,
Cabinet has approved that South Africa will ratify the ICESCR. This
important decision to ratify, which means that the ICESCR will be legally
binding, was included in a statement issued yesterday on Cabinet’s ordinary
meeting held in Pretoria on 10 October 2012. The Cabinet statement
describes how the ICESCR is a “key international treaty which seeks to
encourage State Parties to address challenges of inequality, unemployment
and poverty, which are critical to the strategic goals of governments.”



The ICESCR, together with the International Covenant on Civil and Political
Rights (ICCPR) and the Universal Declaration on Human Rights, constitutes
the International Bill of Rights. The ICESCR has been ratifed by over 160
states since it was adopted in 1966, 48 of which are African states and 11
of which are member states of SADC. South Africa ratified the ICCPR in
1998, and its current ratification of the ICESCR will unambiguously signal
its commitment to be legally bound by the full range of human rights
recognised under international law. In its statement, Cabinet indicates
that the recommendation to ratify the ICESCR will be tabled in Parliament
for ratification in line with Section 231(2) of the South African
Constitution.



Civil society organisations have been calling for many years for the South
African government to ratify the ICESCR (and its Optional Protocol, which
creates an individual complaints mechanism). The Community Law Centre
(CLC), Socio-Economic Rights Institute of SA (SERI), Black Sash, People’s
Health Movement South Africa, National Welfare Forum, Global Call to Action
against Poverty South Africa (GCAP-SA) and the Studies in Poverty and
Inequality Institute (SPII) see this as a great opportunity to ensure that
South Africa’s jurisprudence on socio-economic rights develops in harmony
with the normative standards set by the leading international treaty on
these rights.



According to Jackie Dugard, executive director at the Socio-Economic Rights
Institute of SA (SERI), “although this is a momentous and long-awaited
decision, South Africa has for a while subscribed to the norms and
standards contained in the ICESCR as it has ratified the African Charter on
Human and People’s Rights of 1981, which echoes many of the socio-economic
rights contained in the ICESCR. It has also included justiciable
socio-economic rights in the Bill of Rights in the South African
Constitution.



Prof Lilian Chenwi, associate professor at the Wits School of Law, states
that “given the role played by the international community and
international human rights law in the struggle against apartheid,
ratification of the ICESCR will fulfil South Africa’s express desire ‘to
take its rightful place as a sovereign state in the family of nations’,
which is recognised in the Preamble to its Constitution.”



Rajesh Latchman, of the National Welfare Forum, states: “This move to
ratify the ICESCR is an important step towards creating a harmonious
roadmap for the realisation of socio-economic rights for all in SA, and it
is about time too.”



While ratification of the ICESCR is significant, the ICESCR Ratification
Campaign Driver Group encourages South Africa to also ratify the Optional
Protocol to the ICESCR (OP-CESCR). The Optional Protocol is an extra treaty
that promotes a culture of accountability around the ICESCR, empowering
vulnerable and marginalised groups to lodge individual complaints at the
international level regarding violations of their socio-economic rights.
The Optional Protocol is yet to come into force, as it requires 10 states
to ratify it and, at present, only 8 states have done so.



It is hoped that the South African government will table the recommendation
to ratify the ICESCR before Parliament and submit its accession instrument
the United Nations without any further delay, and also ratify the Optional
Protocol to concretise South Africa’s commitment to human rights and to
bring this important international human rights instrument to life.



*Issued by the ICESCR Ratification Campaign Driver Group which comprises:***

* *

Black Sash

Community Law Centre (CLC), University of the Western Cape

Global Call to Action against Poverty South Africa (GCAP-SA)

National Welfare Forum

People’s Health Movement South Africa

Socio-Economic Rights Institute of SA (SERI)

Studies in Poverty and Inequality Institute (SPII)



*For additional information, contact: *



Lilian Chenwi, associate professor, Wits School of Law: 072 172 6346 /
lilian.chenwi at wits.ac.za

Jackie Dugard, executive director of SERI:  084 240 6187 /
jackie at seri-sa.org

Rajesh Latchman, coordinator of the National Welfare Forum: 083 443 0227 /
rajesh at nwf.org.za
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