111 South Africa, but still underlines that race is still the dominant factor in inter- group experiences and relations. The South African Human Rights Commission’s Equality Report examines levels of inequality and the picture is still racially stewed – where the poor majority is still black and the richest and well-off still whites. What is of particular importance in the report is continuing black experience of subtle racism, some of which can be dismissed as insignificant, until it escalates to extreme violations of human rights. As a result the South African government, in partnership with civil society, is trying to find more innovative measures to detect and confront subtle but emotionally hurting forms of racism which afflict the day to day living of many black people. Such instruments and mechanisms as the Equality Court and policy documents such the National Action Plan (to combat racism, racial discrimination, xenophobia and related intolerances) can only aid in the general fight against these scourges. The challenges which continue to affect the functioning and implementation of these, represent a significant impediment against efforts to combat racism and ensure that victims of discrimination in general find access to justice, as provided for in the Constitution. There are indications in the SAHRC Equality Report that a number of attempts had been made to develop non-racism through the National Forum Against Racism (NFAR). The NAFAR was provided with support and resources. The secretariat of the NFAR was based at the Department of Justice and Constitutional Development. There was indeed a concerted effort in this regard, and resources were availed for the Steering Committee of the NFAR to produce the draft NAP. Amongst those who formed part of the Steering Committee, were representatives from government departments, civil society and Chapter 9 institutions. However, since then, and after a draft was sent for editing, it seems that the process fell off the radar of the government priority list. The continued absence of an adopted NAP in South Africa represents a weakness in the efforts of this country to fight racism and related intolerance, and it deprives victims of racism of a useful instrument, which forms part of international best practices in fighting racism 111

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