presentation to the portfolio committee on justice and...

Presentation to the Portfolio Committee on Justice and Correctional Services

on the Socio-Economic Justice for All (SEJA) Programme

21 October 2016

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Foundation for Human Rights

Historical context

• Pre-1994• Civil society organisations played a key role in the struggle against apartheid• EU funding was channelled directly to civil society

• Post-1994• EU funding channelled to a number of organisations to overcome the legacy of

Apartheid• Agreement to create FHR signed by President Mandela• Late Minister of Justice, Dullah Omar, authorised that a percentage of all donor

funding should continue to be passed on directly to CSOs• In 1996 a partnership between EU and Government established the “European

Union Foundation for Human Rights” for this purpose , signed by President Mandela

• In 2001 became an independent entity “Foundation for Human Rights” • Oversight by an independent board of South Africans• In 2007, the funding modality changed to Sector Budget Support

• Today• Board Chair is Ms Thoko Mpumlwana, CGE Commissioner• Implementation partner for DOJ&CD’s SEJA Programme• DOJ&CD is the Line Ministry for the Finance Agreement with the EU for SEJA

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Objectives of FHR

• Vision• Entrenched participatory democracy

• Vibrant civil society

• Mission• Contribute towards the building of strong civil society organisations and

public institutions which promote, protect and fulfil human rights by:• Empowering vulnerable groups to access their rights and

• Promoting participatory democracy

• Programmes• Access to Justice and Promotion of Constitutional Rights (completed)

• Socio-Economic Justice for All (SEJA, in progress)

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Composition of the Board

• Total of 11 board members who meet every quarter to steer the FHR towards a sustainable future by adopting sound, ethical, and legal governance and financial management policies in its daily operations

• Male/female: 6/5• Black/white: 9/2• Background:

• Legal and Judicial: 4 (3 Judges and 1 Advocate)• Education, Health Social and Development: 4• Finance and Business: 3

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Composition of staff

• Total staff: 45 staff • Male/Female: 21/24• Black/white: 42/3

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Designation Members Females Males Ethnic Groups Additional Staff Sectoral Disciplines

Management 14 6 8 6 Black Females

7 Black Males

1 White Male

Black Female Executive Director

4 Legal Experts

3 Finance/Admin/IT Experts

3 Programme Management Technicians

Staff 27 16 11 15 Black Females

1 White Female

10 Black Males

1 White Male

IT Experts, Health and Social Sciences Professionals,

Administration and Project Management technicians,

Media and Communication experts and Human Rights

Activists.

Interns 4 2 2 2 Black Females

2 Black Males

Graduate who completed studies in Social Sciences,

Politics, Legal and Business

FHR funding arrangements

• SEJA Programme:• Finance Agreement between DOJ&CD and EU: € 25 million

• Budget support: € 18 million• Complementary support: € 7 million

• Total expenditure to 31 March 2016: R 43 080 745

• SERSA Programme (Land reform, Small-scale and subsistence farming, Food security, Climate Change):• Funding by Flemish Government €1,285,000.00 (R13 million)

• LGBTI community in the civil service:• Funding by British trade union movement UNISON: R430 000

• General purposes grant (operational funding): • Funding by Mott Foundation: $150,000 (R2 million)

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Grant making

• FHR is entrusted with public funds to achieve specific developmental goals in the human rights arena

• FHR's grant-making work is transparent and open to scrutiny• FHR avoids conflicts of interest or bias in its grant-making by:

• segregation of duties between grant-making and operational work of the programmes

• monitoring the integrity of the grant making process and selection of beneficiaries according to defined criteria

• FHR’s procedures are: • Transparent: calls are widely published and the documents are available

to any interested parties via Internet or other means.• Fair: each application is measured against the same criteria according to a

scoring grid and independently assessed by two different external experts• Competitive: only the best projects will be awarded a contract

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Relationships with State agencies

• Memorandum of Agreement between DOJ&CD to deliver SEJA Programme

• Joint projects with SAHRC:• Constitutional Rights Education Programme• International Convention on Economic, Social and Cultural Rights

(ICESCR)• Food and women• Corporal punishment• Moot Court (with DBE and DOJ&CD)

• StatSA: Baseline Survey• DAC: Outcome 14 of MTSF• DPME: Outcome 14 and National Income Dynamics Study

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Socio-economic Justice for All Programme(SEJA)• 2012 Deputy Minister Andries Nel for the DOJ&CD and EU Ambassador agreed to a

successor programme called Socio-economic Justice for All (SEJA)

• Programme was designed by DOJ&CD, National Treasury, EU and FHR, based on

findings of AJPCR Baseline Study in 22 vulnerable and marginalised communities

• Focus on constitutional rights awareness with emphasis on socio-economic rights

• SEJA supports Outcome 14 (Social Cohesion) of the MTSF and the NDP

• Indicators are included in DOJ&CD APP

• Duration of programme: 2014/2018 with close-out 2019

• Programme budget is 25 million euros:

• 5 million directly administered by the European Union

• 1.7 million technical assistance to the DOJ&CD for its new constitutional rights unit

• 18 million euros administered by the FHR for budget support to civil society and joint programmes

with DOJ&CD and the FHR

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SEJA Goals

• Assist South African government to eradicate poverty, promote

sustainability and inclusive growth and consolidate and improve

democratic and economic governance

• Support the DOJ&CD through its Constitutional Development Branch to

fulfil its mandate on the enhancement of socio-economic rights

• Strengthen CSOs working in the social justice and human rights sector

• Build sector coordination to enhance policy coherence across

government departments, Chapter Nines and CSOs and provide for

improved delivery on socio-economic rights in compliance with the

Constitution.

Alignment of SEJA with NDP Outcome 14

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• Political freedoms and human rights• Social opportunities arising from

education, health care, public transport and other public services

• Social security and safety nets• An open society, transparency,

disclosures and a culture of accountability

• Economic facilities, work, consumption, exchange, investment and production

Key result areas

KRA1: Improved awareness of constitutional rights with an emphasis on socio-economic rights

KRA2: Enhanced participatory democracy through public policy dialogue on constitutional rights

KRA3: Improved and sustained collaboration between government, Chapter Nine institutions and civil society organizations in terms of justice service delivery and realization of socio-economic rights, including support to Community Advice Offices (CAO);

KRA4: Increased research on socio-economic rights and jurisprudence;

KRA5: Improved sector coordination and policy design on Constitutional development

KRA6: Strengthened capacity, engagement and participation of CSOs in the realization of constitutional rights

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KRA 1: Improved awareness of constitutional rightsKPID Indicator Measure 2014/2015 2015/2016 2016/2017

1.1 Public reached by programmes to raise awareness and knowledge of the Constitution with an emphasis on Socio-Economic rights and on vulnerable and marginalised groups

Number of people reached

3 million 5 million 4 million

1.2 Raise awareness of constitutional rights among 3 million beneficiaries (cumulatively) through projects specifically targeted at vulnerable and marginalised communities

Number of beneficiaries reached (3 million cumulative over the whole SEJA programme)

n/a n/a 3 million

1.3 Programmes developed and implemented to increase awareness and knowledge of constitutional rights in schools (with DBE)

Number of programmes designed and implemented

n/a 1 designed and implemented

2 designed and implemented

1.4 Develop and implement a human rights based approach (PANEL) training programme for public servants



n/a

1.5. Grants awarded to CSOs to promote awareness and access to socio economic rights among vulnerable and marginalised groups

Number of grants awarded

30 120 120

1.6 Design and implement a programme targeting human rights and responsibilities for the corporate sector


1 designed 1 implemented

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Popular media programmes 1

• FHR has developed a range of multi-media human rights awareness program using community radio and community television and social media

• 5.9 million citizens reached by 31 March 2016 using material in mother-tongue

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• Another 1.1 million were reached in this last quarter on community radio stations

• All programmes are in vernacular and aired in all 9 provinces

Popular media programmes 2

• Big Debate: a series which is being aired on E-TV and will be repeated on all community TV Channels in partnership with GCIS and DOJ&CD

• Community radio programmes about the amendments to Labour Relations Acts in 5 different languages

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• Community radio programmes on:• LGBTI rights• Constitutional awareness and farmworkers

and farmdwellers rights• National Action Plan to Combat Racism,

Racial Discrimination, Xenophobia and Related Intolerance (NAP)

National Schools Moot Court Competition

• First annual National Schools Moot Court

Competition at the Constitutional Court on

National Human Rights Day, 21 March 2011

• Aims to create greater awareness in

schools and communities about the

Constitution and to encourage young

people to consider a law career

• Collaboration between DOJ&CD, FHR, DBE,

SAHRC, University of Pretoria and Cliffe

Dekker Hofmeyr

• FHR promotes the competition through

social media

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The 2016 National Schools Moot Court Competition Champions from MH Baloyi High School (GP) and Harding Secondary School (KZN).

Socio-Economic and Constitutional Rights Awareness Grants

Projects by Province (2015/2016)

9%

6%

15%

17%

11%

3%

7%

2%

30%

Provincial Spread(%)

Eastern Cape

Free State

Gauteng

KwaZuluNatal

Limpopo

Mpumalanga

Multi provincial

North West

Western Cape

ProvinceNumber of

grantsEastern Cape 11Free State 8Gauteng 18KwaZuluNatal 21Limpopo 13Mpumalanga 4Multi provincial 8North West 2Western Cape 36Grand Total 121

Farm workers/dwellers

• 20 proposals were received in response to a Call for Proposals published in February 2016

• 17 organisations serving disadvantaged Farm Worker and Farm Dweller communities were awarded grants of R120,000 each

• The projects are spread throughout five provinces

13%

13%

27%13%

34%

Provincial Spread (%)

Free State

KwaZulu Natal

Limpopo

Mpumalanga

Western Cape

KRA 2: Enhanced participatory democracy through public policy dialoguesKPID Indicator Measure 2014/2015 2015/2016 2016/2017

2.1 Support policy forums/stakeholder engagement between civil society and government

Number of engagements signed

12 engagements12 engagements12 engagements

2.2 Design and implement innovative strategies to ensure that marginalised and vulnerable groups have more direct input into policy-making




2.3 Public policy dialogues held with stakeholders in the human rights sector

Number of policy dialogues held

5 dialogues 20 dialogues 20 dialogues

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Anti-Racism and Anti-Xenophobia

• A total of 37 Anti-Racism and Anti-Xenophobia projects funded

• Research on responses to racist and xenophobic attacks to support faith based organisations mediating conflicts between local communities and foreign nationals

• Introduced the National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerances (NAP) through SEJA Outreach

• Anti-racism and xenophobia Dialogues• CSOs Xenophobia Workshops

Anti-Racism and Anti-Xenophobia projects funded

Strategic Engagements

• Race, Power and Social Cohesion (Wits, Free State and Nelson Mandela University)

• Intergenerational Dialogue on Race involving 15 SRC Leaders; #FeesMustFall; Reconciliation and Social Justice

• Series on Foreign Policy And Human Rights: international & regional obligations (DIRCO); SA and ICC; SA and UNHCR;SA national versus regional interest; human rights and business

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Policy Engagements• Rights of the Elderly• Gaps in the legislation on the Rights of

People with Disability• Gender Transformation in the Legal

Profession • Participatory research on socio-

economic drivers of violence in communities

• Series of engagements on Democracy, Constitutionalism and Human Rights

• Daveyton LGBTI Community Dialogue• Lusikisiki Engagement• Orange Farm Engagement• Round Table on Resolution 1325• Vulnerable Youth Migrant Workers

KRA 3: Improved and sustained collaboration between government, Chapter 9 institutions, civil society and other stakeholdersKPID Indicator Measure 2014/2015 2015/2016 2016/2017

3.1 Grants awarded to the Community Advice Offices (CAOs) in the Human Rights Sector

Number of multi-year grants

15 grants 65 grants 20 grants

3.2 Design and implement programmes to promote the sustainability of the Community Advice Offices





3.3 Support a programme to include paralegals at justice delivery points



n/a

3.4 Support an engagement between government and other stakeholders (including business, labour and CAOs) to develop a clear human rights policy to be adopted by the corporate sector



n/a

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Community Advice Offices funding 2014/2016

Province Advice Offices

EC 23

FS 5

GAU 6

KZN 17

LIM 11

MP 3

NC 2

NWP 4

WC 10

Grand Total 81

28%

6%

7%

21%

14%

4%3%

5%

12%EC

FS

GAU

KZN

LIM

MP

NC

NWP

WC

Community Advice Offices• 81 CAOs funded during first two

years of the programme

• Year 3: further 19 advice offices to

be funded bringing total to 100

• Total of 116 Advice offices have

received capacity building training

• FHR provided support to NADCAO

and ACAOSA on capacity building in

an amount of 1 million rand from

allocated support budget of 3 million

• 91 Paralegals trained making them

eligible to be appointed as

Commissioners of Oaths: particularly

important for rural areas

• Research on sustainability of this

sector as well as addressing issues

of recognition

• FHR in discussion with Courts

services on appointing paralegals to

service points in the courts

• Also in discussion with DOJ&CD on

Parliament’s request to train

Paralegals to assist with Land Claims

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KRA 4: Increased Research on Socio-Economic Rights and JurisprudenceKPID Indicator Measure 2014/2015 2015/2016 2016/2017

4.1 Research programmes on the implementation of socio-economic rights

Number of research projects conducted

1 research project

2 research projects

2 research projects

4.2 Conduct a review on the laws and policies impeding access to Socio-Economic Rights



n/a

4.3 Design and implement a programme to improve awareness on court decisions impacting on constitutional rights with a focus on socio-economic rights


n/a 1 designed 1 implemented

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Research programmes

• Right to Social Security Report• Right to Freedom of Assembly• Gap analysis of the legislation pertaining to the Right to Equality in the Trans- and Intersex communities

• Opinion on the Domestication of the ICESCR

• Research on the progressive realisation of socio-economic rights (Alignment of ICESCR with NDP)

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KRA 5: Improved Sector Co-Ordination and Policy Design on Constitutional DevelopmentKPID Indicator Measure 2014/2015 2015/2016 2016/2017

5.1 Research programmes on the implementation of socio-economic rights

Number of research programmes realised and implemented




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International Covenant on Economic, Social and Cultural Rights (ICESCR)

• Signatory to Covenant 3 Oct 1994, ratified 12 June 2015

• DOJ&CD mandated to coordinate submission of first country report, due April 2017

• Joint project of the FHR and DOJ&CD• National Capacity Building Workshop on the

ICESCR with SAHRC, DIRCO, Ch9s, government departments and CSOs

• Developed a toolkit with SPII by mapping NDP to ICESCR to guide Departmental inputs to the report

• Legal opinion on domestication of the Covenant submitted to the State Law advisors

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KRA 6: Strengthened capacity, engagement and participation of CSOs in the realization of constitutional rightsKPID Indicator Measure 2014/2015 2015/2016 2016/2017

6.1 Design and implement programmes securing the long-term sustainability of CSOs in the human rights sector


2 designed 2 designed and 4 implemented


6.2 Design and implement capacity building interventions to build and strengthen active citizenry

Number of capacity building programmes designed and implemented

3 designed 3 designed and 6 implemented


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CSO Sustainability and active citizenry• CAO Sector sustainability survey• Regulatory framework to promote the

sustainability of CAO sector• Farm workers and farm dwellers rights• Popular paralegal course (pilot)• Northern Cape popular paralegal

programme• Community mapping programme• Design and Implementation plan of

the Human Rights Course• Customised Capacity Building:

Streamlining Advice Office Sector through Commissioner of Oaths Training

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Joint Constitutional Rights projects with DOJ&CD

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Constitutional and Human Rights Education

• FHR and DOJ&CD convened a multi-sectoral Task Team government departments, Chapter Nines and civil society

• National Colloquium on Human Rights Education hosted in 2015• FHR currently implementing activities agreed upon under

National Action Plan • Activities include workshops in Lusikisiki and Orange Farm

addressed by Deputy Minister of Justice and regional officials of the DOJ&CD as well as civil society partners

• Development of a Toolkit on raising awareness of Constitutional Rights for the sector

• Support to the 6th National Moot Court for Schools• Preparations for the celebration of 10 December 2016

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National Task Team on LGBTI issues

• Mandated to assist with establishment provincial

task teams

• All 9 Provincial Task Teams have been established

• Rapid Response Team which deals with queries on

cases (22 cases out of 25 followed up)

• FHR with SAHRC, DOJ&CD and DIRCO supported

the Regional Conference on LGBTI Rights in the

Region, 3-5th March 2016

• Brochure for service providers how to address

LGBTI persons

• Projects Funded: establishment of the 9 PTT’s,

NTT & PTT quarterly & monthly meetings, CJS

Workshop, NIS Workshop, 3 Community

Dialogues, 7 LGBTI Awareness events

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Civil Society Policy Framework

• FHR has developed a range of tools to assist with the revision of the civil society policy framework which will govern relationships between the DOJ&CD and civil society organisations in the human rights sector

• Linked to discussions on NPO sector and sustainability including a funding provision for support to civil society

• FHR to host workshops on the draft NPO bill to consider how to take the process forward in the context of CSO Sustainability

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SEJA Baseline Study• New SEJA Baseline Survey:

• Same scale as StatsSA General Household Survey

• 25 000 households, 9 provinces, 11 official

languages

• Partnership with DOJ&CD, StatsSA, DPME

• Objectives:

• Measure and monitor awareness of, access to,

and attitudes of Constitutional Rights

• Include socio-economic rights and changing

political dynamics

• Targeting of education and communication

campaigns

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• Main activities:

• Pilot study of 1000 households in February

• Questionnaire workshopped with DOJ&CD,

DPME, Chapter 9s, StatsSA, CSOs

• Fieldwork: Oct – mid Dec, 2016

• Data analysis and report: Jan – Mar, 2017

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Thank you

Questions?

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