26. The response to the Commission's recommendations in South Africa's first
Periodic Report does not provide specific and comprehensive answers to all the
questions and issues raised by the Commission.
27. The Commission notes that South Africa is overdue by one Report under Article 62
of the African Charter covering the period 2014 and 2015.
28. The Report does not provide a comprehensive disaggregated data on its
implementation of all the rights guaranteed in the African Charter in order to
allow the Commission to objectively assess South Africa's level of compliance vis
a-vis all its obligations contained in the African Charter.
Ratification of Regional/International Human Rights Instruments
29. South Africa has not ratified the following human rights instruments:
i.
ii.
African Charter on Statistics;
African Union Convention for the Protection and Assistance of Internally
Displaced Persons inAfrica (the Kampala Convention);
iii.
African Union Convention on the Elimination ofMercenaries in Africa;
iv.
African Union Convention on Cyber Security and Personal Data Protection;
v.
vi.
vii.
The Protocol on the Statute of the African Court ofJustice and Human Rights;
Optional Protocol to the Convention against Torture and Other Cruel, Inhuman
and Degrading Treatment or Punishment (OPCAT);
Optional Protocol to the International Covenant on Economic, Social and Cultural
Rights;
viii.
ix.
Indigenous and Tribal Peoples Convention;
International Convention on the Protection ofthe Rights ofAll Migrant Workers
and Members of their Families; and
x.
International Convention for the Protection of all Persons from Enforced
Disappearance.
30. South Africa has also not made the Declaration under Article 34(6) ofthe Protocol
to the African Court on Human and Peoples' Rights, accepting the jurisdiction of
the Court.
Economic, Social and Cultural Rights
31. The Commission is concerned about the:
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