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SOUTH AFRICAN HUMAN RIGHTS COMMISSION

SOUTH AFRICAN HUMAN RIGHTS COMMISSION. Presentation to the Portfolio Committee on Justice and Correctional Services 2013/14 Annual Report 22 October 2014. OUTLINE OF PRESENTATION. Chairperson’s introduction Part A: Overview of 2013/14 performance Part B: Analysis of legal complaints

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SOUTH AFRICAN HUMAN RIGHTS COMMISSION

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  1. SOUTH AFRICAN HUMAN RIGHTS COMMISSION Presentation to the Portfolio Committee on Justice and Correctional Services 2013/14 Annual Report 22 October 2014

  2. OUTLINE OF PRESENTATION • Chairperson’s introduction • Part A: Overview of 2013/14 performance • Part B: Analysis of legal complaints • Part C: Overview of 2013/14 financial statements • Part D: Audit findings and action plan • Part E: Overview of 2014/15 performance • Part F: Forward funding needs

  3. PART A: OVERVIEW OF 2013/14 PERFORMANCE

  4. OVERVIEW OF 2013/14 PERFORMANCE:Key performance highlights • 87% achievement of targets – improved from 84% in the last financial year • Unqualified audit opinion • 93% finalisation of cases, against annual target of 85% - improved from 79% in the last financial year • Assumption of role of International Coordinating Committee of National Human Rights Institutions (ICC) Chairperson, and participation in various regional activities • More than 90 engagements with stakeholders and experts to position the Commission as a focal point for human rights • Produced a range of outputs reflecting on the state of human rights in the country (including economic and social rights, equality and access to information reports)

  5. OVERVIEW OF 2013/14 PERFORMANCE:Key performance highlights

  6. OVERVIEW OF 2013/14 PERFORMANCE: Achievement of targets by strategic objective

  7. OVERVIEW OF 2013/14 PERFORMANCE:Key achievements by strategic objective Strategic objective 1: Promote compliance with international obligations • The Commissioners participated in 20 international and regional activities, including those of the International Coordinating Committee of National Human Rights Institutions • 40 resolutions from international and regional activities, ranging across varied human rights areas including the Commission’s annual thematic area on the Right to Food, were considered and addressed during the period under review • Completed the SAHRC Annual International Human Rights Report, which documents the Commission’s assessment relating to implementation of international human rights obligations

  8. OVERVIEW OF 2013/14 PERFORMANCE:Accreditation of National Human Rights Institutions

  9. OVERVIEW OF 2013/14 PERFORMANCE:Key achievements by strategic objective Strategic objective 2: Position the Commission as the focal point for human rights in South Africa • Launch of Water and Sanitation Report with Parliamentary Portfolio Committee in March 2014 • The Commission finalised 8,550 cases out of a total of 9,217 that were received in 2013/14 (Translates to an achievement of 93%) • The Commission participated in 98 stakeholder engagements to maintain its position as a focal point for human rights in South Africa • Furthermore, the Commission has established and hosted 15 Section 5 Committee meetings, consisting of experts across a range of fields, aligned with the Commissioners’ focus areas

  10. OVERVIEW OF 2013/14 PERFORMANCE:Launch of the Water and Sanitation Report

  11. OVERVIEW OF 2013/14 PERFORMANCE:Key achievements by strategic objective Strategic objective 3: Strengthen advocacy and human rights awareness raising • The Commission hosted a National Conference on the Right to Food on 20 March 2014, as its annual theme for 2013/14 • In February 2014 the Commission hosted a Roundtable on Business and Human Rights in preparation for the a response to the strategic thematic focus area for the 2014/15 financial year • The Commission hosted 19 Provincial and 2 National Human Rights events to raise human rights awareness and extend the reach of advocacy programmes

  12. OVERVIEW OF 2013/14 PERFORMANCE:Stakeholder engagement with the Commissioner of Police

  13. OVERVIEW OF 2013/14 PERFORMANCE:Key achievements by strategic objective Strategic objective 4: Advance the realisation of human rights • Completed the Economic and Social Rights Report (ESR) 2012/13, reflecting on the state of economic and social rights in the country and making recommendations for improvements • Developed matrix of indicators to improve monitoring and reporting of economic and social rights • Submissions made on various draft legislation to ensure human rights based approaches within the country’s legislation and policy prescripts; e.g. submission on the Women Empowerment and Gender Equality Bill

  14. OVERVIEW OF 2013/14 PERFORMANCE:Hearing into Learning Materials

  15. OVERVIEW OF 2013/14 PERFORMANCE:Key achievements by strategic objective Strategic objective 5: Advance the right to equality and the right to access to information • Submitted Promotion of Access to Information Act Annual Report to Parliament, reflecting on the sate of compliance with the Act • Conducted 28 training sessions for both private and public sector compliance officers to improve levels of voluntary disclosure and responsiveness to public requests for information • Conducted 25 PAIA Community Law Clinics to raise awareness, record and attend to community complaints • Completed the Equality Report, indicating the state of compliance with the Promotion of Equality and Prevention of Unfair Discrimination Act • Hosted a Business Transparency Conference in June 2013

  16. OVERVIEW OF 2013/14 PERFORMANCE:Business and Transparency Conference

  17. OVERVIEW OF 2013/14 PERFORMANCE:Key achievements by strategic objective Strategic objective 6: Optimise the effectiveness and efficiency of the Commission • Achieved an unqualified audit opinion • Complied with all financial and non-financial performance reporting requirements • Achieved annual target of compliance with all relevant, legislative, regulatory and policy requirements • Full implementation of Audit Action Plan to improve effectiveness of internal controls • Implemented staff capacity development plan to alleviate capacity constraints and enhance requisite skills

  18. OVERVIEW OF 2013/14 PERFORMANCE:Areas of non-achievement

  19. OVERVIEW OF 2012/13 PERFORMANCE:Areas of non-achievement

  20. PART B: UPDATE ON LEGAL INVESTIGATIONS

  21. Overall Number of Cases Handled by the Commission during the 2013/14 Financial Period

  22. Litigation matters during 2013/14

  23. Litigation matters during 2012/13

  24. Trends Analysis • Incidents of discrimination persist, particularly at schools and institutions of learning. • Children who were born into democracy are being subjected to forms of religious and racial discrimination, in addition to the violations that continue to occur simply for being poor, contrary to the ideals of the society envisioned by our Constitution. • These incidents are demonstrative of the fissures that continue to exist as a legacy of the country’s Apartheid past, and indicate that much work needs to be done in order to ensure that future generations are embedded with the values contained in the Constitution

  25. PART C: OVERVIEW OF 2013/14 FINANCIAL STATEMENTS

  26. OVERVIEW OF 2013/14 FINANCIAL STATEMENTS:Financial performance review Highlights of financial performance for the past year • On average the MTEF baseline allocation comprised an increase of 14% over the past five years and the period under review • Actual expenditure for 2013/14 was R108.5 million against revenue of R119million • The following graphs depict some of the financial performance highlights for the past 5 years

  27. OVERVIEW OF 2013/14 FINANCIAL STATEMENTS:Financial performance review

  28. OVERVIEW OF 2013/14 FINANCIAL STATEMENTS:Financial performance review

  29. OVERVIEW OF 2013/14 FINANCIAL STATEMENTS:Financial performance review

  30. OVERVIEW OF 2013/14 FINANCIAL STATEMENTS:Analysis of spending trends

  31. OVERVIEW OF 2013/14 FINANCIAL STATEMENTS:Analysis of statement of financial performance

  32. OVERVIEW OF 2013/14 FINANCIAL STATEMENTS:Budget Allocation

  33. OVERVIEW OF 2014/15 BUDGET ALLOCATION

  34. PART D: AUDIT FINDINGS AND ACTION PLAN

  35. AUDIT FINDINGS AND ACTION PLAN:Auditor General’s Report • The AG issued an unqualified audit opinion, on the following basis: • The annual financial statements present fairly, in all material respects, the financial position of the SAHRC as at 31 March 2014 and its financial performance and cash flows for the year then ended • The AG did not raise any material findings on the usefulness and reliability of the reported performance information for the selected programmes • The SAHRC has established an audit review team and have developed an action plan to sustain the unqualified audit outcome

  36. PART E: OVERVIEW OF 2014/15 PERFORMANCE

  37. OVERVIEW OF 2014/15 PERFORMANCE:Progress as at 31 August 2014 1. Overall performance • Currently 75% of the annual plan is work in progress, while 12% has already been fully achieved • The remaining 13% of targets are due in the latter half of the year 2. Promote compliance with international and regional obligations • ICC, NANHRI AND ACHPR to promote compliance with international and regional obligations • As an internationally ‘A’ rated NHRI, hosted 2 study tours for capacity development of other NHRIs 3. Position Commission as focal point for human rights • 91 stakeholder engagements, inclusive of the annual theme on business and human rights, human rights clinics to provide integrated services to previously marginalised communities • Public engagement through increased social media coverage and international publicity

  38. OVERVIEW OF 2014/15 PERFORMANCE:UN Committee on the Rights of Persons with Disabilities

  39. OVERVIEW OF 2014/15 PERFORMANCE:Progress as at 31 August 2014 4. Advance the realisation of human rights • 78% of the 3711 cases received to date have been finalised • Completed annual complaints trends analysis report • Two High Court rulings in favour of SAHRC : • A ruling on the unconstitutional detention of foreign nationals at the Lindela Repatriation Center, against the Department of Home Affairs; • A ruling on the delivery of school learning materials and/or textbooks, against the Department of Basic Education.

  40. OVERVIEW OF 2014/15 PERFORMANCE:Report on Poverty Traps and Social Exclusion

  41. OVERVIEW OF 2014/15 PERFORMANCE:Progress as at 31 August 2014 Advance the realisation of human rights • Hosted conference on ending corporal punishment in schools • Convened 2 national hearings on: • Transformation and allegations of racism in South Africa’s Universities 31 July 2014 and 01 August 2014 • The National Hearing into Issues and Challenges Relating to Unregulated Artisanal and Small-Scale Underground and above Ground Mining Activities in South Africa • Completion of 2013/14 Economic and Social Rights Report

  42. OVERVIEW OF 2014/15 PERFORMANCE:Rural consultations on natural resource management

  43. OVERVIEW OF 2014/15 PERFORMANCE:Progress as at 31 August 2014 5. Use and project broader constitutional and legislative mandate • Submitted PAIA Annual report to Parliament • Continuous awareness raising and training sessions conducted 6. Improve the effectiveness and efficiency of the Commission to support delivery on the mandate • Satisfactory progress on attainment of midyear targets • Complied with all quarterly performance and annual reporting requirements to Parliament, Auditor-General and National Treasury • 92% compliance with all relevant legislative, regulatory and policy requirements • Expenditure at 36%, with bulk of expenditure anticipated for the latter half of the financial year

  44. PART F: FORWARD FUNDING NEEDS

  45. FORWARD FUNDING NEEDS: Recommendations for the forward use of resources • National Assembly 2012 Budget Review and Recommendations Report: “The Committee was appalled to learn that commissioners lack the budget to travel internally to undertake investigations, meet with stakeholders, etc. It requested that the Commission provide it with funding proposals, which was done. The following amounts are proposed: R2.21 million for 2013/14; R2.43 million for 2014/14 and R2.67 million for 2015/16” “The Committee recommends that the South African Human Rights Commission be provided with the following additional funds for the MTEF period”:

  46. FORWARD FUNDING NEEDS : Recommendations for the forward use of resources

  47. FORWARD FUNDING NEEDS : Recommendations for the forward use of resources • In addition, the following items were identified as requiring additional funding: • Commissioner’s travel – R2.21 million for 2013/14; R2.43 million for 2014/15 and R2.67 million for 2015/16. • Chairing the National Human Rights Institutions International Co-ordinating Committee – R2.33 million annually • In total, Parliament recommended additional amounts are as follows: R37.5m (2013/14) R21.116m (2014/15) R21.4m (2015/16)

  48. THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION www.sahrc.org.za @sahrcommission

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