In a marked shift of emphasis, the South African Human Rights Commission (HRC) is bracing itself to tackle the government on poverty and service provision during its new seven-year term.
Under former chairperson Barney Pityana the HRC’s main focus was on race and gender. Its new agenda could align the commission, a state institution, with the civil society anti-poverty lobby, which includes the trade unions.
New HRC chairperson Jody Kollapen this week said the focus of the commission’s second term would be on the alleviation of poverty and the eradication of inequalities.
The first signs of the shift from political to socio-economic rights came when the HRC joined the Treatment Action Campaign court challenge to the government on nevirapine.
However, it later withdrew from the court action, in what was widely seen as the result of government pressure.
Kollapen, who was, at the time of the court case, commissioner in charge of civil rights in Gauteng, this week dismissed speculation that the commission had bowed to the government.
”It was a difficult decision … it was not unanimous. The commission decided that there was nothing new to add to the court action … so we dropped our application as a friend of the court.”
However, he was adamant about the new shift in the commission’s focus.
”We are concerned that inequalities still exist and are at unacceptable levels. If the HRC is to be relevant to millions of South Africans it has to tackle, among other things, food security and the micro-lending industry, which leaves the poor trapped in perpetual debt.”
He said the commission had no plans at present to litigate on socio-economic rights. ”We will just continue to monitor the realisation of these rights and report to Parliament. If there is a need for court action, we will take it.”
Kollapen said the commission derived its mandate from the Constitution and was not seeking confrontation with the government.
”However, the commission does not shy away from its mandate. We have challenged government in the past. Our independence allows us to challenge government on certain issues, and support it on others.”
Independent political commentator Muzi Sikhakhane said the HRC had not taken up socio-economic issues on its own. It remained to be seen whether it would take a tough stand on these issues.
In its first term, the HRC was preoccupied with issues including racism in the media and the education system, xenophobia and the treatment of non-nationals in South Africa. It played a crucial role in preparations for last year’s World Conference against Racism in Durban, but burned its fingers in the handling of racism in the media industry.
Kollapen says the biggest challenge facing the commission is to make it accessible to those who need it most.
”Our provincial offices are located in the major cities, very far from rural villages. Unless our resources increase, we will not be able to expand our activities. Our budget [from the Department of Justice ] is comparable to that of some NGOs.”
The appointment of new commissioners and the commission’s financial sustainability attracted much criticism from the opposition.
This week Democratic Alliance spokesperson on human rights, Dene Smuts, deplored President Thabo Mbeki’s appointment of six commissioners instead of the 11 recommended by Parliament.
”It is our view that … the president does not have a discretion in appointing the names recommended by Parliament for the Chapter 9 institutions of the Constitution,” Smuts said.
Smuts decried the exclusion of former Black Consciousness leader and psychologist Saths Cooper from the appointments, saying that his selection would have added weight on health issues.
Paul Setsetse, spokesperson for the Ministry of Justice, dismissed Smuts’s claims. ”All that Parliament has to do is to nominate and recommend people to serve in such institutions. The prerogative to appoint the commission lies with the president.”
The new commissioners, who took office from the beginning of the month, are Dr Zonke Majodina, Tom Manthata, Charlotte McClain, advocate Leon Wessels and Professor Karthy Govender.