CRL Rights Commission Presentation to Portfolio Committees:

INTRODUCING THE NEW CRL COMMISSION The third Commission was appointed in March 2014 (the first Commission was from 2004 to 2008; the second Commission was from 2009 to 2014 February. Sworn in and inaugurated in April 2014 Consists of 12 Commissioners as compared to 17 in the previous 2 CommissionsOnly the Chairperson and the Deputy Chairperson are full time members

Policy Mandate of the CRL Rights Commission The Constitution of the Republic of South Africa,1996, Sections (30 & 31), 185 and 186. Act No. 19,2002 Commission for the Promotion and Protection of the Rights of cultural, religious and linguistic communities Act, 2002

The mandate of CRL Rights Commission Promote and Protect the Rights of Cultural, Religious and Linguistic Communities in support of Constitutional Democracy

Legislative Mandate of the CRL Rights Commission The objects of the Commission are- –(a) to promote respect for and further the protection of the rights of cultural, religious and linguistic communities; –(b) to promote and develop peace, friendship, humanity, tolerance and national unity among and within cultural, religious and linguistic communities, on the basis of equality, non- discrimination and free association;

Legislative mandate continued –(c) to foster mutual respect among cultural, religious and linguistic communities; –(d) to promote the right of communities to develop their historically diminished heritage; and –(e) to recommend the establishment or recognition of community councils in accordance with section 36 and 37 of the Act (19 of 2002).

Critical Functions of the CRL Rights Commission Conduct information and education programmes to promote public understanding of the objects, role and activities of the Commission Conduct programmes to promote respect for and further the protection of the rights of cultural, religious and linguistic communities (continued...)

Critical Functions Continued Promote awareness among the youth of South Africa of the diversity of cultural, religious and linguistic communities and their rights. Monitor, investigate, research and advocate any issue concerning the rights of cultural, religious and linguistic communities. (continued...)

Critical Functions continued Facilitate the resolution of friction (conflicts, disputes) between and within cultural, religious and linguistic communities or between any such community and an organ of state where the cultural, religious or linguistic rights of a community are affected. Make recommendations to the appropriate organ of state regarding legislation that impacts on the rights of cultural, religious and linguistic communities. (continued...)

Critical Functions Continued Assist in the development of strategies that facilitate the full and active participation of cultural, religious and linguistic communities in nation building in South Africa. Educate, lobby, advise and report on any issue concerning the rights of cultural, religious and linguistic communities. (continued...)

Critical functions continued Establish and maintain databases of cultural, religious and linguistic community organisations and institutions and experts on these communities. Bring any relevant matter to the attention of the appropriate authority or organ of state.

CRL, A Totality of Human Experience CRL Rights Commission’s mandate rests on three distinctive and interdependent pillars: The end purpose of these three pillars is to foster a socially cohesive nation. Hence CRL Rights Commission is the only Commission that gives the totality of human experience; human beings in their cultural, religious and linguistic environments. CultureReligionLanguage Equality and national unity

The CRLRC will operate under the following premise: That the attainment of social cohesion and nation building is achieved through tolerance and respect of one another’s community cultural, religious and linguistic rights. This can mainly be achieved through us promoting and protecting the rights of those communities. The Next five years and finalising the unfinished business

To increase our body of knowledge on indigenous CRL Rights matters in order to inform national policy positions. Identify key strategic areas including the following: Initiation schools, ukuthwala, Ukuhlolwa, ukungenwa). Diminished heritage, especially relating to the KhoeSan and others (resuscitating their languages, cultures and religions). Language marginalisation e.g. the Nquthu experience of BaSotho Restoring indigenous knowledge and reclaiming indigenous oral histories (for example: indigenous games and story telling).

Religious freedoms Animal slaughter and advocating for national legislation Graves: Practices of Recycling, demolition and Access to graves. (investigating the current practices and conflict created by those practices and also advocating for a comprehensive legislation) Holding dialogues with traditional healers and leaders on the treatment of people accused of witchcraft and also engaging them on ritual killings. Access to sacred sites (ownership of land and tourism). Use of language in the workplace and in education (especially mother-tongue)

To raise awareness and educate people, especially young people, about their cultural, religious and linguistic rights Convene a National Consultative Conference as required by the Act (19 of 2002) in order to get a mandate from Community Councils and to report back. Hold dialogues, seminars and debates on different cultures, religions and languages in the country in order to foster tolerance, respect and equality. Engage communities at all levels to ensure that debates lead to understanding and acceptance of one another’s cultures, religions and languages Use of new media strategies to access young people and encourage debates on culture, religion and language rights, (facebook, twitter accounts and others). Special focus on the public broadcaster and private broadcasters to promote and protect cultural, religious and linguistic rights of all communities

Partnerships with Chapter 9 Institutions and other relevant institutions Conduct joint investigations on issues that cut across, Share information that we have which may be useful in the investigations of other C9 institutions Negotiate sharing of space in provinces, Districts and local areas as an initial strategy to expand the CRLRC footprint

Challenges: Comparison in Budget Allocation Institution2014/2015 R’ /2016 R’ /2017 R’ 000 CRL Rights Commission Public Protector Human Rights Commission Commission for Gender Equity Implementation of the recommendations made by the CRL Rights Commission. The footprint of the CRL Rights Commission in the country in respect of provincial and regional offices to implement programmes. Limited baseline allocation to implement programmes of the CRL Rights Commission.

Recommendations More involvement of the various Portfolio committees in assisting the CRL Commission to ensure that the various departments implement the cultural, religious, and linguistic recommendations made by the Commission in executing its work.

Recommendations continued... Accelerated process of opening provincial offices. Baseline budget be increased by R30m. Fundraising

Conclusion National development plan Chapter 15 provides that South Africa should; Ensure that different cultures are respected and equal citizenship for all is guaranteed, thus reversing the apartheid legacy of devaluing and erasing the heritage of black South Africans.

Conclusion continued Create a society with a shared South African identity, without detracting from our diverse multiple identities. The CRL Rights Commission is keen in achieving this vission of the National Development Plan. Thank you!!