Speeches

Address by the Deputy Minister of Justice and Constitutional Development, the Hon JH Jeffery, MP, at a Workshop to present the draft National Action Plan to combat Racism, Racial Discrimination, Xenophobia and related Intolerance, held at Midrand Conference Centre, 661 Pendulum Rd, Halfway House Ext 12, Midrand, 26 October 2018

Programme Director,
Mr Bernard Rey and Ms Aurelie Voix of the Delegation of the European Union to South Africa
Mr Jack Conroy and Ms Janica Puisto from the Office of the High Commissioner for Human Rights
Commissioner JB Sibanyoni from the SAHRC and representatives from various Chapter 9 institutions
Representatives from the Foundation for Human Rights
Members of various national and international civil society institutions, from academia and research institutions
Representatives from government departments,
Ladies and gentlemen, friends
                     
In less than two months from now, in December, we will see the culmination of the 2018 centenary celebrations of the birth of former President Nelson Mandela.

In addition to honouring his life and his contribution to the world, it is an opportune time for each of us to reflect on his ultimate vision – namely, that of a South Africa free from racism.

The World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance was held in Durban in 2001.

At the time, former President Mandela delivered a message to the various heads of state and delegates via a live satellite link.

Describing apartheid as a disease and racism as a tragedy, Madiba said to conquer racism, a treatment must be administered that is comprehensive and holistic.

He told delegates that they were carrying the hopes of millions of people on their shoulders as they fought to end racism. He said -

"Racism is an ailment of the mind and the soul.
It kills many more than any contagion; it dehumanises anyone it touches.
The tragedy is that a cure is within our reach, yet we have not seized it".

He said the conference should be remembered as the one in which peoples from around the world undertook to cherish and value diversity, and to understand that to deny the humanity of "the other" was to deny oneself. He said -

"Let this be a time for healing old wounds.
Let this be a time to reach out to each other across the real or imaginary divides.
Let this be a time to build a true spirit of solidarity in support of human dignity.”

The Durban Declaration and Programme of Action adopted at the World Conference against Racism urges States to establish and implement national policies and action plans to combat racism, racial discrimination, xenophobia and related intolerance, including their gender based manifestations.

Given South Africa’s history of colonialism and apartheid, the call by the Durban Conference is still extremely relevant today.

The scars of colonialism and apartheid are indeed still visible on the collective face of the South African society. Poverty, underdevelopment and inequality are racially based – affecting mostly blacks – while wealth ownership and a better life largely remain the preserve of whites. 

Colonialism and apartheid further worsened already existing traditional practices that undermined the dignity and wellbeing of women in society. In addition, the many years of racist and isolationist policy of apartheid have planted seeds of xenophobia - undoing centuries of brotherhood and sisterhood among Africans in South Africa and those from other parts of the continent.

This National Action Plan is a response to the call made by the Durban Conference and is meant to serve as the guiding document behind national efforts to eradicate racism, racial discrimination, xenophobia and related intolerance.

The NAP does not belong to government only – it belongs to the country.

As the UN Guidelines state, a national action plan against racial discrimination is a mechanism for the effective pursuit of national goals. Thus, it should be regarded as a truly national undertaking, involving all elements of government and society.

The State plays a key role in the initiation, launching and implementation of the national action plan against racial discrimination.   Yet, at the very same time, to make a real difference, the plan needs to be owned by the entire population.

In other words, in seeking to achieve their objectives, States must establish meaningful partnerships among all relevant stakeholders.

A draft NAP was approved by Cabinet and made available on the departmental website for public comments.

Subsequent to that the Department then held a National Consultative Dialogue in 2016 where the draft NAP was officially launched.

Following the launch at the national consultative dialogue, we conducted multiple media interviews and panel discussions to urge members of the public to comment on the draft NAP.

The Department has also, in collaboration with various partners and stakeholders, conducted numerous awareness sessions, briefings and dialogues on the draft NAP across the country, including with communities at a grassroots level.

The Department then embarked on provincial consultations with stakeholders and communities as a further phase of the public consultation process where the department and members of the public interface.     The draft NAP was also available at all Thusong Service Centres.

A total of 151 submissions were received from 104 individuals and 47 from organisations, various interest groups and Chapter Nine institutions.

An analysis of the submissions received, together with the comments and inputs received at the provincial consultations, was done and formed the basis of a diagnostic report which is annexed to the draft NAP.

Many people, in their submissions to us, relayed their lived experiences of racism and the pain and suffering that it caused. It is noteworthy that the majority (57%) of the comments received from individuals relate to racism that they have experienced.

The NAP provides a clear indication of the State’s intentions in its struggle against racial discrimination. It sets out measures and indicators which, over time, will need to be achieved.

The measures and indicators stated in the plan constitute a useful orientation for those working on the plan and provide guidance to the general public.

It must be stressed that these measures do not exist in isolation, but must be viewed against existing policies, programmes and interventions.

Some of the new proposed measures are ground-breaking initiatives.

For example, government will conduct a baseline study which will serve as the basis to measure improvement in the country following the implementation of the NAP. It moves beyond issues of perception.

It will be used to make recommendations on the protection needs for vulnerable and marginalised groups.
The baseline study will take account of current laws, policies, programmes, activities, needs and human and institutional resources for the elimination of racism, racial discrimination, xenophobia and related intolerance.

Disaggregated statistical data will also be collected to identify patterns of racism; the obstacles to the elimination of racism and discrimination that should be overcome; access to justice for victims of racial discrimination, and programmes to combat racial discrimination.

It is envisaged that we will, under the leadership of the national coordinating structure, develop an Early Warning system linked to a Rapid Response Mechanism initiated by the Department of Justice and Constitutional Development. 

The DOJCD will also ensure that accurate data and statistics are collected and published on the number of racist and xenophobic offences that are reported to the police, on the number of cases that are prosecuted, as well as on the reasons for not prosecuting and on the outcome of prosecuted cases.

The Department will furthermore, in collaboration with government departments, Chapter Nine institutions the Foundation for Human Rights and civil society working with these issues, develop a database with the names of service providers who can provide assistance to victims of racism and other intolerances.

In addition, government will promote research strategies which include the investigation of the nature, causes and manifestations of racism and discrimination in both public and private spheres.

In the table of measures you will see some of the possible suggested actions, including those relating to land, poverty alleviation, informing the public discourse on racism, increasing knowledge production and something that has been termed as “decolonizing the mind”.

This is where government departments and civil society now have an important role to play, by looking at the draft measures and telling us where and how to strengthen these.

Late President Mandela was correct when he called racism an ailment of the mind and the soul.

And tragically it is an ailment that is still prevalent not only in our country, but the world over – one really just has to look at some of the utterances on social media and some of the comments’ sections of news articles to see that.

Madiba was also correct when he said that a cure is within our reach, yet we have not seized it.

South Africa has been a guiding light in the world in conquering racism. The NAP is the blue print for building on what we have achieved thus far.

We are confident that the NAP, once operational, will take us a step further towards curing our communities and our country of racism and all forms of discrimination and prejudice.

I thank you.