1. The role of the SAHRC in advancing the rights of persons with disabilities through advocacy and strengthened monitoring Commissioner Bokankatla Joseph Malatji :

2. CONTENTS The Convention on the Rights of People With Disabilities National Human Rights Institutions The Paris Principles The Formation of Chapter 9’s The Mandate of the South African Human Rights Commission The Function of C9’s Promoting the rights of People with Disabilities Protecting the Rights of People with Disabilities Monitoring the observance and realisation of the rights of people with disabilities The Disability Toolkit 2

3. THE CONVENTION ON THE RIGHTS OF PEOPLE WITH DISABILITIES The Convention, which has been signed and ratified by South Africa, imposes obligations on State parties. These obligations can be summed up into three: Obligation to respect: to respect that people with disability though different are persons and entitled to enjoy rights just like everyone else. Therefore, the public should be educated on the rights of people with disability. Obligation to protect: to condemn and investigate every act of violation of human rights regarding persons with disability. Obligation to fulfill: to take appropriate legislative, administrative, budgetary, judicial and other actions towards the full realization of these rights. 3

4. THE CONVENTION ON THE RIGHTS OF PEOPLE WITH DISABILITIES Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons Non-discrimination Full and effective participation and inclusion in society Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity Equality of opportunity Accessibility Equality between men and women Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities. 4

5. National Human Rights Institutions National human rights institutions (NHRIs) are organisations established by government with the Specific purpose of promoting and protecting human rights at the country level. Their role generally includes addressing discrimination in all its forms, as well as upholding civil and political rights. Some NHRIs, including the South African Human Rights Commission (SAHRC), also have a mandate to promote and protect economic, social and cultural rights of all including the disabled. Effective NHRIs can help bridge the 'protection gap' between the rights of individuals and the responsibilities of the State. Most importantly NHRIs operate and function independently from government. As such, they occupy a unique place between government and civil society. NHRIs are guided by the Paris Principles amongst others 5

6. The Paris Principles The Principles Relating to the Status of National Institutions, otherwise known as the Paris Principles, set out the minimum standards to be attained by NHRIs in order to be considered credible and to operate effectively. These principles include: a clearly defined and broad-based mandate based on universal human rights standardsclearly defined and broad-based mandate autonomy from government autonomy independence guaranteed by legislation or the constitution independence pluralism, including membership that broadly reflects their society pluralism adequate resources adequate powers of investigation. adequate powers of investigation 6

7. The formation of the Chapter 9’s Chapter 9 of the Constitution of the Republic of South Africa, Act 108 of 1996, establishes six institutions, whose primary function is to support constitutional democracy. These institutions are: a. The South African Human Rights Commission b. The Commission for Gender Equality c. The Public Protector d. The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities e. The Auditor-General f. The Independent Electoral Commission These institutions are independent and subject only to the Constitution and the law, and they must be impartial and must exercise their powers without fear, favour or prejudice. 7

8. The mandate of the South African Human Rights Commission In accordance with the Constitution and the South African human Rights Act of 2013. The Commission must – a) promote respect for human rights and a culture of human rights; b) promote the protection, development and attainment of human rights; and c) monitor and assess the observance of human rights in the Republic. The Commission has the powers, as regulated by the national legislation, necessary to perform its functions, including the power to - a) investigate and report on the observance of human rights; b) take steps and secure appropriate redress where human rights have been violated; c) carry out research; and d) educate. 8

9. The FUNCTIONS OF the SAHRC In light of the provisions of the relevant legislation and policy, the role of the SAHRC in monitoring the implementation and observance of the CRPD can be understood through three main functions: 1) The promotion of the rights of People with Disabilities, 2) The protection of the rights of People with disabilities. 3) Monitoring the observance of the rights of People with Disabilities The next few slides will speak to the methods through which this can be done. 9

10. PROMOTING THE RIGHTS OF PEOPLE WITH DISABILITIES The promotion of the rights of persons with disability entails the following: Reporting to Parliament Develop recommendations for reform Advocacy and Education of the Public on Disability related issues (i.e removing environmental barriers in society or stigma) 10

11. PROMOTING THE RIGHTS OF PEOPLE WITH DISABILITIES (3): PROMOTING THE RIGHTS OF PEOPLE WITH DISABILITIES (3): Advocacy and Education of the Public on Disability related issues Methods include: Training workshops Seminars and conferences Roundtable Discussions Public Campaigns Presentations Media interventions Community outreach Promotional material in the form of Publications and information dissemination 11

12. PROTECTING THE RIGHTS OF PEOPLE WITH DISABILITIES In light of the provisions of the CRPD and Paris Principles, the protection of the rights of persons with disability entails the following: Investigating Human Rights Violations Preventing human rights violations and unfair discrimination 12

13. PROTECTING THE RIGHTS OF PEOPLE WITH DISABILITIES(2): PROTECTING THE RIGHTS OF PEOPLE WITH DISABILITIES(2): Investigating Human Rights Violations Methods include: Complaints handling National Investigative Hearings Own initiative investigations Cite visits 13

14. PROTECTING THE RIGHTS OF PEOPLE WITH DISABILITIES(3): PROTECTING THE RIGHTS OF PEOPLE WITH DISABILITIES(3): Preventing human rights violations and unfair discrimination The CRPD defines discrimination on the grounds of disability to mean any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation; Methods additionally include: Making recommendations on policy and legislation that may be discriminatory Refering Equality Courts 14

15. MONITORING THE OBSERVANCE OF THE CRPD Article 33(2) of the Convention provides that: States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention. it provides that states should take into account ‘…the paris principles when designating or establishing one or more independent mechanisms. Furthermore, A Civil Society Disability Rights Monitoring Fund must be established to support the monitoring responsibilities of representative organisations of persons with disabilities. 15

16. MONITORING THE OBSERVANCE OF THE CRPD Section 13(1)(b) of the South African Human Rights Commission Act, 2013 empowers the SAHRC to “monitor the implementation of, and compliance with, international and regional conventions and treaties, international and regional covenants and international and regional charters relating to the objects of the Commission”, and requires of the SAHRC to prepare and submit reports to the National Assembly pertaining to any of these human rights instruments. In 2015, the Commission provided the Department of Justice and the DSD with a proposal to strengthen the Commissions capacity in order to carry out our role as an Independent Monitoring Mechanism 16

17. MONITORING THE OBSERVANCE OF THE CRPD The independent monitoring mechanism is responsible for, among others: Reporting on human rights matters as it affects persons with disabilities, including submission of reports to the National Assembly; Contributing to periodic reporting to United Nations treaty bodies and committees, as well as the Africa Commission on Human and People’s Rights and its relevant committees; Making recommendations to Government with regards the harmonisation of national legislation, regulations and practices with international human rights standards; Participating in national advocacy campaigns promoting the rights of persons with disabilities; and Considering and processing complaints about human rights violations and discrimination perpetrated against persons with disabilities. 17

18. DISABILITY TOOLKIT AND MONITORING FRAMEWORK In line with the South African Human Rights Commission (SAHRC’s) annual theme for 2014/ 2015: “Business and Human Rights”. The SAHRC recognized that Business sector has limited support in terms of implementing the CRPD. Various pieces of labour legislation are in place, but with limited resource material to support implementation of labour laws which are in line with the CRPD, especially Article 27 which deals with right of persons with disabilities to work. Given this gap in the private sector, the Commission developed the Toolkit titled “Promoting the Right to Work of Persons with Disabilities: a Toolkit for the Private Sector” 18

19. DISABILITY TOOLKIT AND MONITORING FRAMEWORK The objectives of the toolkit are as follows: Raise awareness about the right to work of persons with disabilities Support and encourage employers in the private sector to recruit persons with disabilities Help employers in the private sector to understand their legal obligations Provide practical guidance to employers on how and where to begin implementing the right of persons with disabilities in the workplace 19

20. DISABILITY TOOLKIT AND MONITORING FRAMEWORK The Toolkit is paired with its Monitoring framework which is aimed at the following: A measurement tool with relevant indicators to track progress in relation to the implementation of the Toolkit The monitoring framework to be used as a resource aid (self-assessment tool) by employers, public authorities, and other interested stakeholders A measurement tool to be used by the SAHRC to monitor the progressive realization of the Convention on the Rights of Persons with Disabilities (CRPD; Article 32). 20

21. CONCLUSION 21 This presentation has provided an overview of the role Chapter 9 Institutions play in Monitoring the CRPD in South Africa However, there are still considerable gaps where Chapter 9’s can collaborate amongst each other and with government departments to ensuring compliance with the CRPD, and to assist each other on making South Africa more inclusive of People with Disabilities. In the 2016/17 financial year which starts in April, the Commission will be implementing the Toolkit in all nine provinces and this presents a great opportunity for collaboration with the relevant sectors on improving the employment of people with disabilities in South Africa

22. THANK YOU www.sahrc.org.za @sahrcommission