Address by the Minister of Social Development, Dr Zola Skweyiya, at the 17 African Human Rights Moot Court Competition, University of Pretoria

Ambassadors and High Commissioners
And All Members of the Diplomatic Corps
Vice-Rector of the University of Pretoria, Professor Crewe
And all members of the Academia, Management and Leadership of the University of Pretoria and the Centre for Human Rights
Participating Students
Ladies and Gentlemen
And a special welcome to our brothers and sisters from Africa and abroad

Thank you for allowing me the honour of addressing you this afternoon. I was fortunate to be present at the first African Human Rights Moot Court Competition in 1992, in my capacity as the Director of the Legal and Constitutional Affairs Department of the African National Congress. Ironically, that competition was held in Harare, Zimbabwe, reflecting the rather tenuous nature of human rights on the African continent. This annual gathering seeks to address this challenge and in doing so strengthen the character of human rights in Africa. The United Nations has recognised the sterling work of the University of Pretoria's Centre for Human Rights, naming it the winner of the United Nations Educational Scientific and Cultural Organisation (UNESCO) Prize for Human Rights Education in 2006. Congratulations are certainly in order.

Let me also take this opportunity to congratulate the University of Pretoria on its centenary celebrations this year. The accolades bestowed upon the Centre for Human Rights are testimony to the steady transformation of this magnificent institution. Indeed the work of the centre has never been more relevant.

Any analysis of the contemporary situation of human rights on the African continent must approach the issue from of a fairly broad socio-historical perspective. Such a perspective is essential in understanding the transmutation of various forms of social organisation and expression as a result of both indigenous and external forces, and also because history continues to exert its influence on present day activities. Pre-colonial historic forms can be seen as much in the resilience of cultural norms that govern domestic relations and the family as colonial forces in contemporary political systems and economic relations.

Almost half a century after independence, many African countries still utilise colonial laws governing political association, public health, education and free expression. The consequence is that their very claim to having made a difference in the human rights reality of the people they govern is effectively negated.

The colonial epoch in Africa represented the negation of all categories of human rights - from the basic right to self-determination to the freedoms of expression and association. Colonialism was mainly concerned with the amount of wealth that could be extracted from the territories and people brought under its dominance and influence.

Naturally, the system had little regard for rights that would threaten or undermine its primary economic objectives. This explains, on the one hand, why little resources were invested in developing social services, and on the other, why expanded resources were used on coercion (the police, the intelligence forces, the armed forces and the prison service).

In 1994 as we celebrated our democracy, genocide began in Rwanda. Today in as much we in South Africa pride ourselves on having the best Constitution on the continent, if not the world, we are nevertheless confronted by human rights abuses, as the recent unsavoury incidences of xenophobia have shown. Let me reiterate our government's fervent condemnation of these distasteful acts.

Human rights in Africa and, indeed, the world over, are a hotly contested terrain, whether one examines the legality of Guantanamo Bay or the 'rendering' of suspected terrorists in Europe. As future lawyers this competition affords you the opportunity to hone your skills and further the cause of human rights on the continent. Despite the breaking out of democracy on the African continent the human rights situation remains in a state of flux. The challenge to human rights during the twentieth century was largely due to regional and interstate conflict. In the last decade peace has generally prevailed on the continent, as evidenced by average economic growth rates of over five percent in the same period.

Nonetheless, the economic and social situation in sub-Saharan Africa remains fragile and vulnerable to domestic and external shocks, and the region has a long way to go to make up for the ground lost over the past two decades. Despite some upturn in economic growth rates, poverty is still widespread and in many parts of the continent, extremely acute. Furthermore, a number of countries have only recently emerged from civil wars that have severely set back their development efforts while, sadly, new armed conflicts have erupted in other parts of the continent. These conflicts and other adverse factors, notably poor weather conditions and deterioration in the terms of trade, have led to some loss in economic momentum in the region over the past two years.

Sub-Saharan African countries therefore face major challenges: to raise growth and reduce poverty, and to integrate themselves into the world economy. Economic growth rates are still not high enough to make a real dent in the pervasive poverty and enable these countries to catch up with other developing nations. What is needed is a sustained and substantial increase in real per capita GDP growth rates in these countries, coupled with significant improvements in social conditions.

Human rights in Africa in the twenty-first century is thus characterised by the need to extend and strengthen individual rights across the continent. On the one hand, a new African "Renaissance" has been proclaimed in which peoples of the continent are called upon to assume their rightful place in the community of nations and to put their previous tragedies and turmoil behind them. On the other hand, the frequency, magnitude, intensity, viciousness and complexity of internal and regional conflicts, even in countries which until recently appeared stable, is increasing and growing. No discussion of human rights in Africa is possible without mention of the tragedy unfolding across our borders in Zimbabwe. The possibility of genocide remains strong and we as the Government of South Africa and the African National Congress remain opposed to the flagrant violations of human rights by the country's erstwhile liberator.

It remains to be seen how Africa and the African Union (AU) will deal with the issue, especially when we as South Africa have gone all the way in promoting human rights, democracy and the African renaissance. Whether we will recognise the Mugabe government in its present form or whether we will take cognisance of the way in which the basic human right s of Zimbabweans are been violated especially during these elections in Zimbabwe which were definitely not free nor fair. South Africa's standing in the international community will be judged in the way in which it reacts to the present situation in Zimbabwe. Posterity will condemn us if we take any other stand that undermines democracy in Zimbabwe.

The principal instrument governing human rights on the African continent is the African Charter on Human and People's Rights, promulgated by the Organisation of African Unity in 1981. The Charter gave full effect to the Charter of the United Nations as well as the Universal Declaration of Human Rights. It came into force in 1986, and has been ratified by more than forty African states, thus becoming the most widely accepted regional convention.

The uniqueness of the Charter lays in the originality of its normative content. Indeed, this charter has unusual features, in the sense that it covers economic, social and cultural rights as well as civil and political rights, which actually distinguishes it from both the European and the American Conventions which follow a more traditional methodology. Furthermore, the African Charter covers third generation rights, and gives due importance to the assumption that a person has duties as well as rights in the community. While the Charter does not expressly recognise the right not to be poor, it does acknowledge the need for development and the recognition of social rights.

The United Nations Declaration on Social Progress and Development of 1969 illustrates this issue more clearly:

"Social progress and development shall aim at the continuous raising of the material and spiritual standards of living of all members of society, with respect for and in compliance with human rights and fundamental freedoms through the attainment of the following goals."

Among those listed are:

"The elimination of poverty; the assurance of a steady improvement in levels of living and of a just and equitable distribution of income."

These international treaties and conventions proclaim specific rights that are indivisible and inalienable. They are indivisible because human fulfilment depends on the enjoyment of all human rights, and the deprivation of one specific right directly or indirectly affects the enjoyment of all the rights; they are inalienable because they cannot be taken away even if they are not exercised.

"Extreme poverty is a denial of human rights," concluded Ms Mary Robinson, the former UN High Commissioner on Human Rights.

The 1995 Declaration of the World Summit on Social Development was one of the first international declarations with a multi-dimensional approach that was signed and ratified by governments from all over the world. Paragraph 19 of the Summit's Programme of Action affirms:

"Poverty has various manifestations, including lack of income and productive resources sufficient to ensure sustainable livelihoods; hunger and malnutrition; ill health; limited or lack of access to education and other basic services; increased morbidity and mortality from illness; homelessness and inadequate housing; unsafe environments; and social discrimination and exclusion. It is also characterised by a lack of participation in decision-making and in civil, social and cultural life."

From the human rights perspective, poverty constitutes a multiple violation of human beings' fundamental rights and above all a violation of the right to lead a decent life as is laid down in international human rights agreements. This right basically amounts to being able to live out one's life as a human being with dignity, and to be able to enjoy a decent life in which the individual is valued and is able to give the best of him- or herself to society. There is no doubt that many variables and dimensions are involved in this ideal. A human rights definition and understanding leads to more adequate responses to the many facets of poverty, responses that do not trample on rights in the pursuit of growth and development. It gives due attention to the critical vulnerability and subjective daily assaults on human dignity that accompany poverty. Importantly, it looks not just at resources but also at the capabilities, choices, security and power needed for the enjoyment of an adequate standard of living and other fundamental civil, cultural, economic, political and social rights.

This involves questioning the traditional approach that regards people in general and people living in poverty in particular merely as the "beneficiaries" or the "object" of policies and programmes. We believe that in social development people and communities should be duly accorded the status of active "subjects" who fully participate in this development. In this way, poverty-related issues are viewed from the perspective of the exercise of human rights, demonstrating the inalienability of the right to not be poor.

The UN Millennium Development Goals is an attempt to address the right not to be poor. However, due to the fragmented nature of the achievement of these targets thus far, linking these social development goals with economic, social and cultural rights will hopefully lead to their attainment. Goals and rights both include dimensions like health, education, and housing, access to water, work, and international co-operation. The various international agreements in these areas make up a series of values or ethical principles that society has defined as the basic elements that are needed for a human being to be able to live with dignity, and this shows that the concept of social development and what it means for a person to lead a full life.

The phenomenon of poverty is on the agenda of virtually all governments today, with varying degrees of success. If poverty is defined in terms of a lack of well-being or the resources to be able to enjoy a good quality of life, we have to bear in mind dimensions like the availability of free time, personal security, protection against public and domestic violence, protection against natural disasters, and gender equity. It also involves other non-material, symbolic dimensions and having the resources to be able to avoid exclusion, like various code systems that operate in the modern world the most important of which are analytic thought, the ability to process information, and communication and management skills that enable people to participate fully in the globalised world and adapt to new modalities of work and production.

When it comes to conceptualising and measuring poverty and taking action to combat it in the world, the human rights approach (and in particular the economic, social and cultural rights approach) is useful in that it sheds light on some dimensions of the problem that are usually overlooked.

The State of the World Population 2005 indicates that:

"The rights-based approach marks a shift away from an earlier development focus on meeting basic needs, which relied on charity or good will. A rights-based approach, in contrast, recognizes individuals as "rights-holders", which implies that others are "duty-bearers." Needs, on the other hand, have no object - there is no person or mechanism designated to meet them. Under a human rights framework, governments are the primary duty-bearers. Among their duties are the establishment of equitable laws and systems that enable individuals to exercise and enjoy their rights, and to seek judicial recourse for violations under the rule of law. As rights-holders, people can claim their legitimate entitlements. This approach emphasizes the participation of individuals and communities in decision-making processes that shape policies and programmes that affect them.

As the government of South Africa we are committed to the rights-based approach. We have recognised the limitations of a basic need approach to poverty alleviation and social development. Instead we have undertaken numerous initiatives, within the constraints of our resources, to address the issue of poverty from a holistic perspective.

Ladies and Gentlemen, some of you will know that we provide targeted income support to eligible citizens. This assistance is enshrined in our Constitution which says that "everyone has the right to have access to social security, including, if they are unable to support themselves and their dependants, appropriate social assistance." It goes even further, and requires the state to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of these rights. Our non-contributory system is by its nature redistributive, and represents the most important pillar in achieving advances in human development and social integration. Through this system, we are able to provide income support to children and adults.

While many European countries are seeking to extend the age of retirement, we in South Africa are in the process of lowering the age of eligibility to old-age pensions to 60 years of age for men and women; this in an endeavour to address the incidence of older persons poverty. This grant covers just over two comma two million senior citizens and we are one of only three countries in Africa that provide a non-contributory pension able allowance.

We are also extending the Child Support Grant to children up to the age of 15 years to ensure that their needs are met. We are now covering just over eight comma two million children from impoverished families. Of course, our view is that the child support grant should become universal over time to cover children until their eighteenth birthday with conditions such as those relating to health and education being considered.

Ladies and Gentlemen, I must point out that income support programmes have expanded significantly growing from a coverage rate of two comma five million in 1994 to over 12,7 million in 2008 amounting to about three comma four percent of the growth domestic product (GDP) and covering at least 28 percent of the population. The growth in expenditure on income support programmes reaffirms government's commitment to continue to fight poverty and social exclusion. Some people have argued that we are creating a culture of dependency by continuously expanding the social safety net. In the context of poverty and underdevelopment in this global economy, we firmly believe that there are genuine reasons for providing targeted income support only to those who deserve it. We will continue to support the poor because we believe that they are not in these conditions as a result of their own making. Indeed, this may be more important for the poor, who gain less during periods of high economic growth and suffer more during the declines. It is also an affirmation of their human rights.

Our income support measures are not limited to monetary allocations, however, but intend dealing with poverty in its entirety. We provide free electricity to the indigent population every month. The number of beneficiaries of free basic electricity has increased to two comma nine million. We are also providing free basic water services which benefits 77 percent of all households in the country, the majority being the poor. In our response to the HIV and AIDS pandemic, we have developed a comprehensive plan to deal with this matter. We provide antiretrovirals free of charge in most health facilities. We also provide free primary healthcare in all our facilities.

Pregnant women, children under the age of six and disabled people have free access to both primary and secondary healthcare. We have also built over two comma six million houses for the indigent population to date. I don't know of any country in the world that provides free and decent housing for its population. Over five million learners at 16 000 schools benefited from the primary school nutrition programme. About three million learners in 3 000 schools, which have been identified as no fee schools, are exempted from paying school fees. Our Social Relief of Distress Grants provides every citizen with food parcels or cash transfers. As can be seen from our government's stance, we firmly believe that everyone has a right not to be poor.

I would also like to take this opportunity to launch the 'Compendium of key human rights documents of the African Union.' This multi-lingual publication available in English, French, Arabic and Portuguese is further proof of the great strides the University of Pretoria is making in transforming itself from a former Afrikaans-only institution. The compendium is published by PULP - the Pretoria University Law Press, and I'm glad to announce that each participant will receive a copy of this ground-breaking publication.

The former Secretary-General of the UN, Kofi Annan stated that:

"Wherever we lift one soul from a life of poverty, we are defending human rights. And whenever we fail in this mission, we are failing human rights."

This year we mark the sixtieth anniversary of the Universal Declaration of Human Rights. The Declaration compels all of us to ensure that "everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services. "Embedded within this is the right not to be poor. I wish you well in your competition over the next few days. I hope that you carry the message forth that the right not to be poor is inextricably linked to all other human rights.

Thank you.

Enquiries:
Ms Zingaphi Jakuja
Tel: 012 312 7381
Cell: 074 197 8383
Cell: 073 122 3133
Fax to E-mail: 086 520 2471
E-mail: zingaphim@dsd.gov.za

Issued by: Department of Social Development
30 June 2008