REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS
and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
347.
The Commission has been operational since 2003 and is mandated to promote respect
for and further the protection of the rights of cultural, religious and linguistic
communities; promote and develop peace, friendship, humanity, tolerance, national
unity among and within cultural, religious and linguistic communities on the basis of
equality, non-discrimination and free association; to promote the right of communities
to develop their historically diminished heritage and to recognise community councils.
The Commission works along five key strategic areas: public education and information;
investigation and dispute resolution; policy and research; community councils; and
national consultative conference.
Rights of indigenous peoples
348.
South Africa's approximately 320,000 indigenous citizens include the San peoples—!Xun,
Khwe, and Khomani—the Nama Communities, the Griqua associations and Koranna
descendants, and the “revivalist Khoisan,” which we refer to collectively as the Khoisan.
In the apartheid period, indigenous identification and culture were discouraged, and
many Khoisan people were forced to learn Afrikaans as their primary language. In 1996,
the post-apartheid South African government took steps toward recognizing Khoisan
rights in Article 6 of the Constitution, requiring the Pan South African Language Board
(PanSALB) to promote not only the eleven official languages, but also ‘the Khoi, Nama
and San languages’. PanSALB created a Khoi and San National Language Board.
349.
Following the first democratic elections in 1994, and as part of a comprehensive strategy
to implement the new South African Constitution, particular attention was also paid to
the question of the constitutional accommodation and recognition of Khoi-San identity.
With a view to giving effect to this objective, the Government decided in 1997 that there
be established a National Griqua Forum. This body then proposed that a national body
be established to represent the Khoi-San communities in South Africa that would serve
as a single body with which Government would consult on all issues relating to the KhoiSan. On 27 May 1999 a national non-statutory body that became known as the National
Khoi-San Council (NKC) was established. The NKC consists of 21 members drawn from the
five main groupings of Khoi-San society.
350.
The function of the NKC is to consult with government on matters pertaining to, and
affecting the Khoi-San people. Currently the NKC has aided government by providing
expert council on the recognition of the Khoi-San as well as providing assistance when
researching the history of the Khoi-San. Most importantly, the NKC had extensive input
in drafting the National Traditional Affairs Bill, as it relates to the Khoi-San.
351.
In addition, South Africa has implemented and funded practical steps and significant
educational, economic and scientific programmes for the protection and promotion of
indigenous people. Known as the Indigenous Knowledge System, this ambitious
programme brings together indigenous communities, universities, research centres and
economic partners and enjoys the support of the government.
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