Status on ratifiying the International Covenant on Economic, Social and Cultural Rights.
FOR ORAL REPLY
QUESTION NO: 62
PUBLISHED IN INTERNAL QUESTION PAPER NO 19 OF 06 OOCTOBER 2009
MRS PC DUNCAN (DA) TO ASK THE MINISTER OF INTERNATIONAL RELATIONS AND COOPERATION
(a) Why were there delays in ratifying the (i) International Covenant on Economic, Social and Cultural Rights and (ii) Optional Protocol to the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment? (b) When will the ratification take place?
(a)(i) The Forum of South African Directors-General (FOSAD) is in the process of identifying a lead Department that will initiate then process of ratification as there is currently achallengeof finding a suitable “national implementation agent/agency” to monitor the effective implementation and practical enjoyment of the Covenant.
(a)(ii) In order for South Africa to ratify the Optional Protocol, the National Parliament must first promulgate an Act creating a “National Preventive Mechanism”. This process has to be initiated by the South African Department of Justice and Constitutional Development.
(b) The government remains committed to ensuring that these two important instruments are ratified in the next United Nations General Assembly Treaty Event in 2010.