UPR Sexual Rights Database

National Report Annex 1:
The right to equal protection and benefit of the law is constitutionally guaranteed in South Africa. Discrimination on the ground of sexual orientation is prohibited. Bearing in mind the recent spate of violence visited upon LGBTI persons, government has established a National Task Team comprising representatives from government and civil society with a view to develop administrative and legislative measures to ensure maximum protection, adequate remedies and combating impunity. Meanwhile, our Courts have set a precedent by delivering a seminal judgement, by convicting and sentencing perpetrators of this emerging violence and intolerance against LGBTI persons.

As part of the Government's international obligations under international human rights law, South Africa similarly advocates for the principle of non-discrimination under any grounds, including sexual orientation at every opportunity in the multilateral and regional fora where these matters are discussed. The Department through the South African Permanent Mission to the United Nations in Geneva, has since the adoption of the South African initiated, United Nations Human Rights Council Resolution 17/19, entitled "Human Rights, Sexual Orientation and Gender Identity" been engaged with all stakeholders and providing strategic direction on this initiative. These consultations have been inclusive, transparent and aimed at depoliticizing the issue of sexual orientation in the context of the work of the Council, particularly taking into account the positions from other delegations that did not support the resolutions. Additionally, following the release of the report as well as the announcement of the names of the Panelists ahead of the March Session, there has been lobby action undertaken in Geneva as well as Pretoria, particularly with countries who share in the vision of the Government through this initiative. A High-Level Segment during the 19th Session of the Human Rights Council was held on 27 February 2012. The 19th Session of the HRC also convened a High-Level Panel on this issue.

UN Compilation:
Para 20) CEDAW noted the prohibition, in the Constitution, of discrimination based on the sexual orientation of individuals. However, it expressed concern about reported murder and sexual offences committed against women on account of their sexual orientation. It urged effective protection from violence and discrimination against women based on their sexual orientation, continued sensitization campaign and training for law enforcement officials and other relevant actors

National Report Annex:
ICESCR ratified in 2015 and came into force on 12 April 2015.
Optional Protocols have not been ratified.

UN Compilation:
Para 2) The United Nations country team noted the ratification by South Africa of the International Covenant on Economic, Social and Cultural Rights in 2015...

Stakeholder Summary:
Para 2) The South African Human Rights Commission (SAHRC) indicated that the Government had ratified ICESCR in 2015...

National Report Annex:
FULL IMPLEMENTATION

In order to improve handling of rape cases by Police the SAPS (South African Police Service) makes use of specialized investigative units called Family Violence, Child Protection and Sexual Offences Units (FCS). FCS investigators receive specialised training in dealing with sexual offences investigations and cases involving children addition to training as investigators. SAPS has developed the Human Rights in Policing Learning Programmes and has been conducting training on same from 1998 to all law enforcement officials.

The SAPS has developed National Instructions on the Domestic Violence Act and the Criminal Law (Sexual Offences and Related Matters) Amendment Act in order to provide clear policy directives for the police in support of members to improve service delivery to victims. The NPA (facilitated by SOCA), in line with Act 32 of 2007 also developed directives for prosecutors on how best to deal with sexual offences in the criminal justice system.

Capacity building and training of the SAPS members is an on-going process commencing in basic training. The SAPS engages in public awareness and education campaigns with the purpose of creating a greater awareness of the relevant legislation and government‘s commitment to eradicating violence.

A number of new policy frameworks were also introduced and implemented, including the Child Justice National Policy Framework, the Restorative Justice National Policy Framework (including forming linkages with traditional justice), the Social Crime Prevention Strategy and the Diversion Accreditation Framework. Government has also adopted a Plan of Action to combat violence against women and children.

Nationally, there are 176 established FCS units attached to all police clusters within SAPS. This has resulted in lengthy convictions, achieved through the dedicated work of detectives and prosecutors.

Resourcing and establishing victim-friendly rooms at police service points are on-going. There are currently more than 900 Victim Friendly Facilities rendering victim support services in place and it is envisaged that this will be rolled out to all police stations.

South Africa has dedicated sexual offences courts. These dedicated services use intermediaries, audio-visual equipment and specialised training, among other measures. The NPA’s Sexual Offences and Community Affairs (SOCA) Unit developed comprehensive training manuals which are updated annually to be in line with the latest developments in law for specialist prosecutors and also an integrated training manual for stakeholders at our TCCs.