National Action Plan to combat Racism, Racial Discrimination, Xenophobia and Related Intolerance (2016 – 2021) - Draft for public consultation

WHAT IS THE DRAFT NATIONAL ACTION PLAN (NAP)?
The Department of Justice and Constitutional Development (DoJ&CD) has spearheaded the development of a draft National Action Plan (NAP) to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance, in collaboration with various other role-players which include civil society. The draft will inform a plan which provides the basis for the development of a comprehensive public policy against racial
discrimination, racial discrimination, xenophobia and related intolerance. It brings stakeholders together to discuss the challenge of combating all forms of intolerances.

WHERE DOES THE DRAFT NAP ORIGINATE FROM?
The process relating to the development of a NAP for South Africa emanated from the Durban Declaration and Programme of Action (DDPA) adopted at the 3rd World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (WCAR) which was hosted by South Africa in Durban, in 2001.

WHAT IS THE PURPOSE OF NAP?
The overall purpose of the NAP is to build a non-racial, nonsexist society based on the values of human dignity, equality and the advancement of human rights and freedom. It intends to combat racism, racial discrimination, xenophobia and related intolerance, through among others:

• promoting human dignity through the promotion and protection of human rights;
  
• raising awareness of anti-racism, equality and antidiscrimination issues among public officials, civil society and the general public, mobilising support from a wide range of
  people;
  
• encouraging the collection of data regarding racism, racial discrimination, xenophobia and related intolerance and allow for a more comprehensive assessment of the needs of victims
  to effectively combat it;
  
• ensuring that the concerns of individuals and groups encountering racism, racial discrimination, xenophobia and related intolerance are more effectively addressed;
  
• increasing the effectiveness and coherence of measures against racism, racial discrimination, xenophobia and related intolerance including fi nancial and human resources;
  
• deepening commitment to eliminate racism, racial discrimination, xenophobia and related intolerance through appropriate programmes aimed at reaching achievable targets;
  
• strengthening programmes for individuals and groups encountering racism, racial discrimination, xenophobia and related intolerance in education, health, employment, housing, food security, social services and access to justice including where necessary through appropriate remedies;
  
• facilitating the amendment and or adoption of legislation with a view to improving the protection of victims;
  
• generating a more equal society and strengthening the rule of law and democracy.

Follow this link to download the NAP Phamplet.

GOALS OF THE NATIONAL ACTION PLAN (NAP)
The overall goal of the NAP is to build a non-racial, non-sexist society based on the values of human dignity, equality and the advancement of human rights and freedom. The NAP is also intended to combat xenophobia and related intolerance and to address the following:

• Promote human dignity through the promotion and protection of human rights
• Raise awareness of anti-racism, equality and anti-discrimination issues among public officials, civil society and the general public, mobilizing support from a wide range of people;
• Encourage the collection of data regarding racism, racial discrimination, xenophobia and related intolerance and allow for a more comprehensive assessment of their needs to effectively combat it
• Ensure that the concerns of individuals and groups encountering racism, racial discrimination, xenophobia and related intolerance are more effectively addressed
• Increase the effectiveness and coherence of measures against racism, racial discrimination, xenophobia and related intolerance including financial and human resources
• Engender a commitment to eliminating racism, racial discrimination, xenophobia and related intolerance through appropriate programmes aimed at reaching achievable targets
• Strengthen programmes for individuals and groups encountering racism, racial discrimination, xenophobia and related intolerance in education, health, employment, housing, food security, social services and access to justice including where necessary through appropriate remedies
• Facilitate the identification of legislation that needs to be amended and or adopted with a view to improving the protection of victims
• Generate a more equal society and strengthen the rule of law and democracy

ROLE OF THE DOJ&CD AND NAP

• The South African state is the custodian of the NAP with the DOJ&CD as the state department tasked by Cabinet with the responsibility for its development, coordination and implementation.
• The DOJ&CD is also responsible for promoting and mainstreaming the NAP in government and civil society as well as monitoring and evaluating progress of the NAP. The finalisation and implementation of the NAP is one of the key activities of the DOJ&CD relating to Outcome 14.

NAP DEVELOPMENT PROCESS

• The DoJ&CD has since October 2012, conducted a number of sectoral workshops and consultations on the draft NAP, which were representative of relevant stakeholders. 
• The draft NAP (version 11) was tabled before the JCPS Cabinet Committee and Cabinet for consideration for approval for the commencement of the public consultation process during February 2013. Following consideration by the Committee, the recommendation to be redrafted and be resubmitted for finalization to the JCPS Cabinet Committee was made.
• NAP has been revised in line with the JCPS Cabinet Committee recommendations. It has furthermore been updated and the content finalised with due regard to developments in the country, including the National Development Plan (2030), Promotion of  Equality and Prevention of Unfair Discrimination Act (PEPUDA), Hate Crimes Framework, Social Cohesion Framework and the Presidency’s Twenty Year Review Report.
• DoJ&CD, as the lead department on human rights, lead the process of developing the draft National Action Plan.  To that end a National Forum against Racism (NFAR) was established for purposes of developing and monitoring the implementation of this plan and other challenges outlined in the WCAR Declaration and Programme of Action, including the 2001 to 2010 Decade for National Mobilisation Against Racism.

The Forum was launched in July 2003. The forum comprised of representatives of Government, national human rights institutions, NGO’s, labour, business and civil society. It was envisaged that this forum will comprise a National Committee and a Secretariat. Subsequent thereto, the DOJ&CD held various sectoral workshops on the various thematic areas with a view to developing the NAP.

Read the full document National Action Plan to combat Racism, Racial Discrimination, Xenophobia and Related Intolerance (2016 – 2021) [1.39mb].

Please be advised that the closing date for comments/submissions have since ended on 31 August 2016 and the Department is no longer accepting new comments/submissions. The Department is at this moment in the process of finalising the draft NAP.

Enquiries can be directed to: Ms Danaline Franzman, Chief Director: Social Justice and Participatory Democracy, Department of Justice and Constitutional Development, Tel: +27 (0) 12 315 1500/1487, nap@justice.gov.za

Definitions

DEFINITION OF RACISM
Racism is the belief that someone of a different skin colour/ race or ethnic group is in a position of power over others on the basis of physical and cultural attributes, as well as economic wealth, involving hierarchical relations where the ‘superior’ race exercises domination and control over others.

Racism is a denial of people’s basic human rights, dignity and respect. Its expression ranges from small, everyday acts of discrimination, through to barriers and omissions that may be inadvertently established at an institutional level, to acts of threatening behaviour and violence.

DEFINITION OF RACIAL DISCRIMINATION
Racial discrimination is any act or omission, including a policy, law, rule, practice, condition or situation which directly or indirectly imposes burdens, obligations or disadvantage on, or withholds benefits, opportunities or advantages from, any person on prohibited grounds of race, ethnic or social origin, colour, culture, language and birth.

DEFINITION OF XENOPHOBIA
Xenophobia describes attitudes, prejudices and behaviour that reject, exclude and often vilify persons, based on the perception that they are outsiders or foreigners to a community, society or national identity. Further, xenophobia is defined as a dislike or fear of people from other countries. Xenophobia against non- nationals, particularly migrants, refugees and asylum-seekers, constitutes one of the main sources of contemporary racism and that human rights violations against members of such groups occur widely in the context of discriminatory, xenophobic and racist practices.

DEFINITION OF RELATED INTOLERANCE
This is the forms of intolerance that are connected to the racial or ethnic background of an individual or group. It is the combination of racism, racial discrimination or xenophobia with prejudice or discrimination based on some other factor, such as gender, sexual orientation, disability, religion or language

DEFINITION OF GENDER-BASED VIOLENCE
Gender-based discrimination refers to any distinction, exclusion or restriction made on the basis of sex that has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.

DEFINITION OF HATE SPEECH
Any person who by any means of expression publicly and intentionally advocates hatred of any other person or group of persons based on race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language or birth; or any other characteristic where discrimination based on that characteristic causes or perpetuates systemic disadvantage or undermines human dignity, in a way that incites others to harm such person or group, is guilty of the offence of hate speech, whether or not such person or group is harmed.

DEFINITION OF HATE CRIMES
These are acts motivated by bias based on the identity (with reference to race, religion, and national origin, sexual orientation, gender, or gender identity) of the victim are forms of bias-motivated violence, more commonly referred to domestically and internationally as “hate crimes”. Hate crimes are “message” crimes that send a message of fear to an entire community that identifies with the victim. Hate crimes, particularly when they do not meet an adequate response from the State, violate fundamental principles of equality and non-discrimination and can lead to social unrest

Calendar of Provincial Consultations

Provincial consultations on the NAP will be held as follows:

• KZN (Tuesday, 7 June 2016, Royal Hotel, Durban)
  
• Gauteng (Monday, 20 June 2016, St Georges’ Hotel & Conference Centre, Irene)
• North West (Thursday, 18 August 2016, Mmabatho Palms Hotel, Mmabatho)
• Mpumalanga (Wednesday, 22 June 2016, Greenway Woods Resort, Near White River)
  
• Northern Cape (Thursday, 23 June 2016, VEK Hall, Jan de Klerk Street, Upington)
  
• Free State (Saturday, 25 June 2016, The King’s Haven Country, Bloemfontein)
  
• Eastern Cape (Tuesday, 28 June 2016, International Convention Centre, East London)
  
• Western Cape (Wednesday, 29 June 2016, Townhouse Hotel, Cape Town)
  
• Limpopo (Thursday, 30 June 2016, Meropa Casino, Limpopo)

Contact person regarding programme/content: Ms Elize du Toit on email: ElizDuToit@justice.gov.za
Contact person regarding logistical information: Ms Itumeleng Morakile on email: IMorakile@justice.gov.za

Messages of support

Follow this link to read the messages of support/endorsements offered for the NAP process by various organisations.

Other links