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SECURING SOCIO‐ECONOMIC RIGHTS in SOUTHERN AFRICA: Learning from Practice – Improving Strategy

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SECURING SOCIO‐ECONOMIC RIGHTS in SOUTHERN AFRICA: Learning from Practice – Improving Strategy SECURING SOCIO‐ECONOMIC RIGHTS IN SOUTHERN AFRICA: Learning from practice – improving strategy Key points from the plenary sessions of a conference held in Cape Town 31 August–2 September 2009 Norwegian Centre for Human Rights, University of Oslo In association with the Legal Resources Centre and PLAAS [Institute for Poverty, Land and Agrarian Studies, University of the Western Cape] Key points from the NCHR ‘Securing socio‐economic rights in southern Africa’ conference, 31 Aug–2 Sep 2009 Executive summary In 1998, the Norwegian Centre for Human Rights (NCHR) at the University of Oslo, through the Royal Norwegian Embassy, started funding programmes to advance socio‐economic rights (SER) in South Africa. In 2009, the Embassy announced that the emphasis of its funding would change to suit a new set of strategic imperatives, in line with its evolving relations with the South African government. A 2½ day conference was held for NCHR partners and external resource persons from South Africa and other African countries to examine what progress had been made on SER through litigation, lobbying and advocacy, social mobilisation, and service provision activities. Participants included social movement activists, non‐governmental organisation (NGO) staff, academics and government officials. The first two days concentrated on the SER situation in South Africa. A number of inputs were presented in plenary for discussion: • SER and their impact on private law (Sandy Liebenberg, University of Stellebosch); • Social movements and the realisation of SER (Sbu Sikode, Abahlali baseMjondolo); • Social movements, NGO struggles and rights strategies (Steve Robbins, University of Stellenbosch); • Evaluating the effectiveness of SER interventions (Malcolm Langford, NCHR; Advocate Geoff Budlender; and Mark Abrahams, University of Cape Town). Participants had a set of parallel small group discussions on other key issues of SER concern: water; environment; land and livelihoods; political participation; women’s rights; the challenge of protecting migrants’ rights and overcoming xenophobia; urban housing and security of tenure; and lessons from the case of Joe Slovo informal settlement in Cape Town. On the third day, the focus fell on SER in the broader regional context: • The Central Kalahari Game Reserve case (Alice Mogoe, Ditshwanelo – the Botswana Centre for Human Rights); • Land reform in Mozambique (Lourenco Duvane, ORAM, Mozambique); • The situation in Uganda (Christopher Mbazira, Community Law Centre, Uganda); • The International Center for Transitional Justice’s activities in the region (Piers Pigou, ICTJ); and • The South African government and international human rights instruments (Pitso Montwedi, South African Department of International Relations and Cooperation). Broad conclusions of the meeting were as follows: • Improving access to SER interventions depends on deepening democracy; reducing poverty and inequality; and ensuring that the rights of migrants and refugees are protected. • Responsible and accountable government is necessary to provide an appropriate legal and policy framework; ensure adequate implementation capacity; and develop strong and credible regional institutions. • Vibrant civil society is necessary to provide ‘voice’ in a way that ensures equal participation for all; engage in social mobilisation; lobby and advocate; influence policy in association with academics and NGOs; and litigate where necessary. • Engagement between civil society and government may take a range of forms, from dialogue to negotiation to civil disobedience. Some see violent protest as a legitimate strategy of last resort to deal with intransigent state institutions; others see it is something which narrows democratic space. If the state responds to violence, it is effectively rewarding violent behaviour. i Key points from the NCHR ‘Securing socio‐economic rights in southern Africa’ conference, 31 Aug–2 Sep 2009 Contents Opening ............................................................................................................................................................................................................. 1 Session 1: How far have we come on socio‐economic rights? .......................................................................................................................... 1 Socio‐economic rights and their impact on private law ............................................................................................................................... 1 Social movements and the realisation of socio‐economic rights ................................................................................................................. 5 Social movements, NGO struggles and rights strategies .............................................................................................................................. 7 Session 2: Socio‐economic rights interventions: How do we measure ourselves? ............................................................................................ 9 Measuring progress towards socio‐economic rights .................................................................................................................................... 9 Comment: Measuring SER in South Africa ................................................................................................................................................. 12 How we measure, what we measure: Challenges, choices and obligations ............................................................................................... 13 Comments and questions .......................................................................................................................................................................... 15 Session 3 & 4: Working groups I and plenary report‐backs ............................................................................................................................. 17 Right to water and environmental rights group ......................................................................................................................................... 17 Land and livelihood rights in rural areas group .......................................................................................................................................... 18 Political participation group ....................................................................................................................................................................... 19 Session 5 & 6: Working groups II and plenary report‐backs ............................................................................................................................ 20 Women’s rights group ............................................................................................................................................................................... 20 Migrants’ rights group ............................................................................................................................................................................... 21 Urban housing and security of tenure group ............................................................................................................................................. 22 Session 7: Case study review and plenary report backs .................................................................................................................................. 23 Joe Slovo case study group ........................................................................................................................................................................ 23 Integrating migrants and overcoming xenophobia group .......................................................................................................................... 25 Session 8: SER in the SADC and African region – forging linkages ................................................................................................................... 26 The Central Kalahari Game Reserve case ................................................................................................................................................... 26 Land reform in Mozambique ..................................................................................................................................................................... 28 The situation in Uganda ............................................................................................................................................................................. 30 Support to human rights commissions in Africa ........................................................................................................................................ 30 The International Center for Transitional Justice’s activities in the region ................................................................................................ 31 The South African government and international human rights instruments ............................................................................................ 32 Closing session ................................................................................................................................................................................................ 33 Workshop review ......................................................................................................................................................................................
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