South African laws and practices have discriminated against the minority Coloured community, especially their economic, social and cultural rights with respect to employment and housing, as well as the right to freedom of expression. The Advocates for Human Rights, along with our partner organization Camissa Movement for Equality, went to the United Nations Human Rights Council to raise our concerns in advance of South Africa’s Universal Periodic Review on May 10, 2017.
South African human rights defender Jerome Lottering presented this oral statement on behalf of The Advocates for Human Rights and Camissa Movement for Equality at the United Nations Human Rights Council on 22 March 2017.
Mr. [Vice] President
The Advocates for Human Rights, in collaboration with Camissa Movement, would like to thank the Council for its attention to mainstreaming human rights into public policies and to monitoring their implementation. As noted in the High Commissioner’s report, “leaving no one behind should be a key principle in the design and implementation of national policies.”
South Africa’s laws are designed to promote the human rights of the black population through affirmative action. In practice, however, these laws exclude the coloured people of South Africa. Coloured people are a distinct ethnic group of mixed race individuals. The legislation only refers to “black” people as a group. This allows stakeholders to only apply laws to black persons, thus excluding the coloured population from the very laws intended to help them. These laws and other policies are curtailing the human rights of coloured people to education, employment, and housing.
During Apartheid, we were not white enough to enjoy our full human rights, and now, we are not black enough. Even though laws are designed to affirmatively promote the rights of black people, they discriminate against the coloured people in practice. South Africa needs tools to monitor the implementation of laws, including a data tracking system with separate indicators for black, white, and coloured populations. We urge South Africa to monitor the implementation of its laws to avoid unintended consequences and safeguard the human rights of all persons, including the Coloured people of South Africa.
The United Nations Human Rights Council’s Universal Periodic Review (UPR) of South Africa will take place on Wednesday, May 10, from 14:30-18:00 in Geneva, Switzerland. The UPR session will be webcast live at this link: http://webtv.un.org/live-now/watch/30th-regular-session-of-the-human-rights-council/4473498400001. )Later that day it will be posted in the archives of UN WebTV: http://webtv.un.org/meetings-events/) The Advocates will be livetweeting the recommendations made to South Africa on Twitter @The_Advocates.
The Advocates for Human Rights, along with partner organization Camissa Movement for Equality and Mondé World Films, submitted a UPR stakeholder report to the UN Human Rights Council in 2016 that addresses South Africa’s failure to protect the rights of minority group members. South African laws and practices have discriminated against the Coloured community, especially their economic, social and cultural rights with respect to employment and housing, as well as the right to freedom of expression. The report makes recommendations that steps be taken to reduce and/or eliminate such discriminatory treatment of Coloured people in South Africa. Such steps include reform in the use of “target” percentages in employment plans, investigation into discrimination in subsidized housing application, and equal access to state media.
Read more about discrimination against the Coloured people of South Africa in the joint submission of The Advocates for Human Rights, Camissa Movement for Equality and Mondé World Films to the United Nations Human Rights Council.