Initially, it was thought the Commission would be unable to hold States accountable for violations of human rights and to provide reparations to victims. The Commission highlighted the role of National Human Rights Institutions, namely: to protect human rights violations in business; and to protect human rights defenders in business.
These include: representation of public interest, research on causes of human rights violations and monitoring the Commission of Enquiry regarding the Marikana Platinum Mine atrocity of August ; submissions to the President of South Africa and Parliament on the impact of human rights on media practitioners and whistle blowers; and ensuring compliance with human rights where children are concerned regarding the delivery of learning material, through conducting public hearings.
This is partly reflected in litigation and emerging African jurisprudence by the African Commission and national courts on issues that are essential to indigenous peoples rights in Africa such as non-discrimination, self-identification, land rights and development.
This includes undertaking measures to give effect to the recommendations of the supervisory mechanisms of the African Charter including the African Commission.In other words, do States undertake legislative or other appropriate measures e. In mainstream schools, many children with disabilities do not have access to the same curriculum as children without disabilities. At this time, the report of this workshop is yet to be published. In addition, the Commission was reluctant to make referrals to the Court in appropriate cases in which there was non-compliance, possibly to avoid a possibility of conflicting findings on the merits by the Court after reconsideration of the facts. The government has yet to introduce a national strategy to combat violence against women. The government took no action against Mkongi. South Africans have surrendered their own city to the foreigners. In , the government did not complete its efforts to publish accurate data on how many children and young people with disabilities are out of school across the country. Disability Rights In October, the South African Human Rights Commission SAHRC highlighted estimates that half-a-million children with disabilities still do not have access to education, with 11, children with disabilities on waiting lists for school placements up from over 5, in Over this year, the SAHRC hosted various roundtable discussions around business and human rights at a national and provincial level. The referrals system needlessly forces children to wait up to four years at care centers or at home for placement in a special school. This is consistent with the fact that the machinery of protection of human rights established by the African Charter is subsidiary to the national systems protecting human rights. Such factors include widespread poverty and unemployment; harmful cultural practices and deeply entrenched prejudices, in particular against women, minorities and indigenous peoples; lack of human rights awareness; and conflict and political crises. By March , the African Commission had not yet referred to the Court cases decided on merits of alleged non-compliance with its recommendations. The march triggered a wave of violent clashes and looting of shops owned by foreign nationals.
Inthe government did not complete its efforts to publish accurate data on how many children and young people with disabilities are out of school across the country. These are the two main bodies established to ensure the implementation of human rights in Africa.
For this reason, several cases brought against States e.