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

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

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

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

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

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

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

STRATEGIC OBJECTIVES Peace, friendship, humanity,tolerancePeace, friendship, humanity,tolerance Mutual respectMutual respect Developmentof diminishingDevelopmentof diminishing Community CouncilsCommunity Councils 8

7 DELIVERY PROGRAMS a)Investigation and Complaints Resolutions b)Research and Policy Development c)Public Education and Advocacy d)Community Engagement e)Financial Management f)Corporate Services g)Secretariat and Corporate Governance 9

INVESTIGATION & CONFLICT RESOLUTION( PI FOR 2009/10) Backlog of 36 cases finalisedBacklog of 36 cases finalised Received 27 new cases; 20 already investigated;Received 27 new cases; 20 already investigated; 7 outstanding due to resource constraints7 outstanding due to resource constraints New Complaint form, Arts and Culture Dept assisted with translation into other off languagesNew Complaint form, Arts and Culture Dept assisted with translation into other off languages 10

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

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

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

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

INVESTIGATION & CONFLICT RESOLUTION (PI CONT…)INVESTIGATION & CONFLICT RESOLUTION (PI CONT…) Recommendation to Organs of State 5 targeted but 7 achieved5 targeted but 7 achieved 15

RESEARCH & POLICY DEVELOPMENT (PI 2009/10) Produced public research reports as follows: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) 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) Public hearings on male initiation schools in SA- report covering FS, GP and EC provinces done) Guidelines Report on Ritual of Animal Slaughter Guidelines Report on Ritual of Animal Slaughter- 16

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

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

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

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. 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. Practitioners running virginity testing and Office of the King of the Zulus. 20

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 DWC&PD; CoGTA; and DoSD requested to consider amendment of sections affecting cultural and religious rights of communities 21

COMMUNITY ENGAGEMENT (PI 2009/10) Promote community participation through c-r-l community structures S38 of Act mandates the recognition of cc’s. S38 of Act mandates the recognition of cc’s. CCs advise Commission in achieving the objects of Commission as in Act; 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” 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” 22

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

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

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

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

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

MANDATORY CHALLENGES NCC as result of fundsNCC as result of funds Plenary sittingsPlenary sittings Suspension of programme implementationSuspension of programme implementation Waiting for MTEF allocations by NTWaiting for MTEF allocations by NT 28

CONCLUSION THANKY YOU 29