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PORTFOLIO COMMITTEE ON ARTS AND CULTURE 01 SEPTEMBER 2010 By Revd. Dr Wesley Mabuza

PORTFOLIO COMMITTEE ON ARTS AND CULTURE 01 SEPTEMBER 2010 By Revd. Dr Wesley Mabuza. CRL RIGHTS COMMISSION MANDATE The S. A Constitution CRL Act 19, 2002 (founding Act) The Cultural Charter for Africa Respect for rules, principles, traditions, languages, mores of society.

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PORTFOLIO COMMITTEE ON ARTS AND CULTURE 01 SEPTEMBER 2010 By Revd. Dr Wesley Mabuza

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  1. PORTFOLIO COMMITTEE ON ARTS AND CULTURE 01 SEPTEMBER 2010 By Revd. Dr Wesley Mabuza

  2. CRL RIGHTS COMMISSION MANDATE • The S. A Constitution • CRL Act 19, 2002 (founding Act) • The Cultural Charter for Africa Respect for rules, principles, traditions, languages, mores of society.

  3. Conflict Resolution Administration & Management Research & Policy Development Community Engagement Community /Public Education & Advocacy

  4. VISION National Unity among the Diverse Cultural, Religious and Linguistic Communities

  5. Mission MISSION STATEMENT • Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities

  6. FUNCTIONS • Developing Cultural, Religious and Linguistic Equality; • Recovering Indigenous Knowledge Systems; • Developing an Inventory of Heritages; • Enabling Communities to expand Responsibility and Accountability; • Intensifying Dialogue among Communities; • Monitoring of the Compliance by the state & civil society with the mandate of the CRL Rights Commission

  7. Mediation of Inter-Community Conflict situations and facilitate Harmonious Co-existence; • Lobby with Government departments & legislative authorities on issues concerning the Rights of Cultural, Religious & Linguistic Communities.

  8. STRATEGIC OBJECTIVES • Peace, friendship, humanity,tolerance • Mutual respect • Developmentof diminishing • Community Councils

  9. 7 DELIVERY PROGRAMS • Investigation and Complaints Resolutions • Research and Policy Development • Public Education and Advocacy • Community Engagement • Financial Management • Corporate Services • Secretariat and Corporate Governance

  10. INVESTIGATION & CONFLICT RESOLUTION( PI FOR 2009/10) • Backlog of 36 cases finalised • Received 27 new cases; 20 already investigated; • 7 outstanding due to resource constraints • New Complaint form, Arts and Culture Dept assisted with translation into other off languages

  11. INVESTIGATION & CONFLICT RESOLUTION (PI CONT…) Trend of Complaints • Highest number about Religion • Second highest number about Culture • Least number about Language

  12. INVESTIGATION & CONFLICT RESOLUTION • Rural Communities’ Culture and Religion • Urban Communities’ Languages in Education • Majority of cases from: GP, WC, LimP and EC

  13. INVESTIGATION & CONFLICT RESOLUTION (PI CONT…) • Mediation • 10 mediation cases received, but only; • Thee cases were mediated within 90 days, due to resource constraints • Settlements signed

  14. INVESTIGATION & CONFLICT RESOLUTION (PI CONT…) Joint Strategies with other organs of State (S6 of founding Act) • Partnered with DIRCO on political participation of minority groups • Other partnership were to be through workshops with financial implications

  15. INVESTIGATION & CONFLICT RESOLUTION (PI CONT…) Recommendation to Organs of State • 5 targeted but 7 achieved

  16. RESEARCH & POLICY DEVELOPMENT (PI 2009/10) • Produced public research reports as follows: • Rights to language an rights of a language: the status of linguistic rights among Basotho speaking communities in Nqutu (KZN) • Public hearings on male initiation schools in SA- report covering FS, GP and EC provinces done) • Guidelines Report on Ritual of Animal Slaughter -

  17. RESEARCH AND POLICY DEVELOPMENT (PI Cont…) Collaborations and major events: • Rhodes Univ. and CRL co-hosted conference themed “ethical leadership: the promise and practice” • Purpose was for “scholars to strenghten ties with their communities”

  18. PUBLIC EDUCATION & ADVOCACY • Promote public understanding of c-r-l rights of all communities • Partnered the SAOlder Persons Forum on role of older persons in discovering diminished heritage • SAOPF contribution on c-r-l debates • Organised radio interviews on topical issues

  19. PUBLIC EDUCATION & ADVOCACY Children’s Rights vs. Cultural and Community Rights: • Effects of the Childrens Act 38,2005 on initiation schools and virginity testing. • Role of women on minimising deaths of initiates raised in EC. • Analysis of the Childrens Act w.r.t c-r practices

  20. PUBLIC EDUCATION & ADVOCACY (PI 2009/10 Cont…) • Dialogue held at Union Building with partners: DWC&PD, NGOs, Zulu Royal House, KZN Premier’s Office and Organisers of the Reed Dance. • Practitioners running virginity testing and Office of the King of the Zulus.

  21. PUBLIC EDUCATION & ADVOCACY (PI 2009/10 Cont…) • DWC&PD; CoGTA; and DoSD requested to consider amendment of sections affecting cultural and religious rights of communities

  22. COMMUNITY ENGAGEMENT (PI 2009/10) Promote community participation through c-r-l community structures • S38 of Act mandates the recognition of cc’s. • CCs advise Commission in achieving the objects of Commission as in Act; • Launching seminars held in 3 provinces:GP-26, FS-25 and WC-31 themed: “the importance of c-r-l councils in building unity and one SA nation”

  23. GOVERNANCE CHALLENGES • Commission est. through S185 of the Constitution as a Chapter 9 Institution • S186 of the Constitution refers composition, number, office term to legislation (17 Commissioners); • Legislation not indicating duties and responsibilities for part timers

  24. GOVERNANCE CHALLENGES (Cont…) • Minister administers the founding Act • Reporting mechanisms to the Minister not in place (is it financial reporting vz Performance reporting?) • Constitution provides for reporting to NA (S181 (5) of the Constitution)

  25. GOVERNANCE CHALLENGES (Cont…) • Not clear where the Commission is within CoGTA. Is it with CoG or TA, nothing formally communicated. • Informally informed its TA, under the DG or Minister? • No model of engagement between CRL and CoGTA

  26. GOVERNANCE CHALLENGES (Cont…) • Received communique from D/Speaker office in Feb’08 on possible change of reporting lines to the NA. • Important to have an Executive Support as with other Chapter 9s.

  27. LEGISLATIVE & REG’ LIMITATIONS • Roles and responsibilities part-time Commissioners; • Authority of Chairperson beyond convening meetings • No synergy of appointment of Commissioners with other sister orgs. • National Treasury Regulations 1.1 vz the founding Act

  28. MANDATORY CHALLENGES • NCC as result of funds • Plenary sittings • Suspension of programme implementation • Waiting for MTEF allocations by NT

  29. CONCLUSION THANKY YOU

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