PORTFOLIO COMMITTEE ON PORTFOLIO COMMITTEE ON

CO-OPERATIVE GOVERNANCE CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRSAND TRADITIONAL AFFAIRS

05-06 AUGUST 200905-06 AUGUST 2009

By Revd. W MabuzaBy Revd. W Mabuza

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CRL RIGHTS COMMISSION MANDATECRL RIGHTS COMMISSION MANDATE

ANDAND• The S. A ConstitutionThe S. A Constitution• Founding Act 19 of 2002Founding Act 19 of 2002• The Cultural Charter for AfricaThe Cultural Charter for Africa

Respect for rules, principles, Respect for rules, principles, traditions, languages, mores of traditions, languages, mores of society.society.

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Administration & Management

Conflict Resolution

Research & Policy Development

Community /Public Education & Advocacy

Community Engagement

VISIONVISION

National Unity among the Diverse National Unity among the Diverse Cultural, Religious and Cultural, Religious and Linguistic CommunitiesLinguistic Communities

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MissionMission

• Promotion and Protection of the Promotion and Protection of the Rights of Cultural, Religious and Rights of Cultural, Religious and Linguistic CommunitiesLinguistic Communities

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FUNCTIONSFUNCTIONS

• Developing Cultural, Religious and Developing Cultural, Religious and Linguistic Equality;Linguistic Equality;

• Recovering Indigenous Knowledge Systems;Recovering Indigenous Knowledge Systems;• Developing an Inventory of Heritages;Developing an Inventory of Heritages;• Enabling Communities to expand Enabling Communities to expand

Responsibility and Accountability;Responsibility and Accountability;• Intensifying Dialogue among Communities;Intensifying Dialogue among Communities;• Monitoring of the Compliance by the state & Monitoring of the Compliance by the state &

civil society with the mandate of the CRL civil society with the mandate of the CRL Rights CommissionRights Commission

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• Mediation of Inter-Community Mediation of Inter-Community Conflict situations and facilitate Conflict situations and facilitate Harmonious Co-existence;Harmonious Co-existence;

• Lobby with Government Lobby with Government departments & legislative departments & legislative authorities on issues authorities on issues concerning the Rights of concerning the Rights of Cultural, Religious & Linguistic Cultural, Religious & Linguistic Communities.Communities.

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STRATEGIC OBJECTIVESSTRATEGIC OBJECTIVES• Peace, friendship, humanity, Peace, friendship, humanity,

tolerancetolerance

• Mutual respectMutual respect

• Development of diminished HeritageDevelopment of diminished Heritage

• Community CouncilsCommunity Councils

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INVESTIGATION & CONFLICT INVESTIGATION & CONFLICT RESOLUTIONRESOLUTION

• Nature of Complaints (complex) Nature of Complaints (complex) • Range from right of access to Range from right of access to

sacred spaces to cultural sacred spaces to cultural practices (e.g Initiation school vz practices (e.g Initiation school vz religious activity in Venda)religious activity in Venda)

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INVESTIGATION & CONFLICT INVESTIGATION & CONFLICT RESOLUTIONRESOLUTION

• Highest number about Religion Highest number about Religion • Second highest number about Second highest number about

CultureCulture• Least number about LanguageLeast number about Language

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INVESTIGATION & CONFLICT INVESTIGATION & CONFLICT RESOLUTIONRESOLUTION

• Rural Communities’ Culture and Rural Communities’ Culture and ReligionReligion

• Urban Communities’ Languages Urban Communities’ Languages in Education in Education

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RESEARCH & POLICY DEVELOPMENTRESEARCH & POLICY DEVELOPMENT

• Language in Education Policy Language in Education Policy ImplementationImplementation

- Quotas to satisfy a Constitutional Right - Quotas to satisfy a Constitutional Right of and to Languageof and to Language

- More attention to Dual Medium System - More attention to Dual Medium System concerning English and Afrikaans – concerning English and Afrikaans – perpetuation of exclusion of 9 official perpetuation of exclusion of 9 official languageslanguages

- Is Sepedi and official language or a - Is Sepedi and official language or a dialect? - a Constitutional Review Agenda.dialect? - a Constitutional Review Agenda.

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• Promotion & Protection of Sacred SpacesPromotion & Protection of Sacred Spaces

- Lack or Limited Access to Sacred Spaces;- Lack or Limited Access to Sacred Spaces; (Violating Rights to Traditional, Cultural and (Violating Rights to Traditional, Cultural and Religious Religious Values and Practices (e.g. graves Values and Practices (e.g. graves & burial grounds) & burial grounds)

• Religious Inequality (Holy days & Holidays Religious Inequality (Holy days & Holidays in the South African calendar)in the South African calendar)- Act No. 36 of 1994 promotes Religious Inequality - Act No. 36 of 1994 promotes Religious Inequality (legislative review)(legislative review)- Promoting and Protecting Rights of Christian - Promoting and Protecting Rights of Christian Religious CommunityReligious Community(Perpetuating disrespect for rights of Islam, (Perpetuating disrespect for rights of Islam, Judaism, African religion, Khoi-San ans Judaism, African religion, Khoi-San ans Rastaffarian Religions) Rastaffarian Religions) 13

• Rites of PassageRites of Passage

- Increased Consciousness about - Increased Consciousness about Rites of Rites of Passage & the Right Passage & the Right of and to Ritesof and to Rites

- Factors affecting Performance - Factors affecting Performance of rite (cases of Yengeni, First of rite (cases of Yengeni, First Fruits Festival, celebrating Fruits Festival, celebrating success of amaBhokobhoko etc)success of amaBhokobhoko etc)

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• Male Initiation Public HearingsMale Initiation Public Hearings- Botched OperationsBotched Operations- AmputationsAmputations- DeathsDeaths

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• Recommendations Made to Recommendations Made to stakeholdersstakeholders

- Holistic approach to address Holistic approach to address ChallengesChallenges

pre ‘lwaluko’pre ‘lwaluko’during ‘koma’during ‘koma’

post ‘mophato’post ‘mophato’• Community LeadershipCommunity Leadership• Involvement of Traditional and Involvement of Traditional and

Government InstitutionsGovernment Institutions• Understanding the RationaleUnderstanding the Rationale 16

PUBLIC EDUCATION & ADVOCACYPUBLIC EDUCATION & ADVOCACY

• Dialogues on Cultural DiversityDialogues on Cultural Diversity

- Role of Culture, Religion & Language in all Role of Culture, Religion & Language in all CommunitiesCommunities

- Respect of the OtherRespect of the Other- Youth Development Youth Development -- Celebration of Diversity in Mpumalanga and Celebration of Diversity in Mpumalanga and

N West ProvincesN West Provinces

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COMMUNITY CONSULTATIONCOMMUNITY CONSULTATION

- Community Dialogue on Strategy Community Dialogue on Strategy for Recognition of Community for Recognition of Community Councils Councils

- Mini Conferences ----Mini Conferences ---- NCC NCC

- Khoe-San Dialogue - Khoe-San Dialogue 18

FLAGSHIPFLAGSHIP

• Africa Day CelebrationsAfrica Day Celebrations

Minority and majority cultural, religious Minority and majority cultural, religious and linguistic community rightsand linguistic community rights

• Africa Human Rights DayAfrica Human Rights Day

- Educative approach- information on African - Educative approach- information on African Cultural and Religious Systems in relation to Cultural and Religious Systems in relation to Language Rights: Mother Tongue Concept Language Rights: Mother Tongue Concept

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CRL RIGHTS CRL RIGHTS COMMISSIONCOMMISSION

NCC (12 – 14 July 2008)NCC (12 – 14 July 2008)• Foundation for Second National Foundation for Second National

Consultative Conference (NCC)Consultative Conference (NCC)• Intensification of the Foundation: Intensification of the Foundation:

Mini Conferences in Nine ProvincesMini Conferences in Nine Provinces• Database of CRL Community Database of CRL Community

OrganisationsOrganisations• Regulations for Registration of Regulations for Registration of

Community CouncilsCommunity Councils

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Purpose of NCCPurpose of NCC

• Progress Report of CRL Rights Progress Report of CRL Rights CommissionCommission

• National Progress ReportNational Progress Report

• Recommendations - future agenda Recommendations - future agenda for promotion and protection of for promotion and protection of the c,r,l rights of communitiesthe c,r,l rights of communities

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BEYOND THE NCC

• NCC informs program review• Commission solicits its program

focus for alignment with NCC resolutions

• Rationale for CC establishment• Maximisation of communication

between communities and the Commission

RECOGNITION CRITERIA

• Minister signed the Recognition Criteria of CC’s earlier in the year 2009;

• Listening campaigns rolled out on awareness of recognition criteria;

• Institutional partnerships with sister organisations on provincial presence

• Accelerated visibility

CHALLENGESCHALLENGES

• Budgetary constraints impact on Budgetary constraints impact on visibility, program and NCC visibility, program and NCC resolution implementationresolution implementation

• No direct engagement with National No direct engagement with National Treasury on budget mattersTreasury on budget matters

• Governance model between Deputy Governance model between Deputy Speaker’s Office and CoGTA-An issue Speaker’s Office and CoGTA-An issue of debate within the Commission.of debate within the Commission.

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CONCLUSIONSCONCLUSIONS

THANK YOUTHANK YOU

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