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Address by H.E. Ms. Balaka Mbete, Deputy President of the Republic of South Africa, at the launch of the Access to Justice and Promotion of Constitutional Rights Programme, Orange Farm, Gauteng

10 December 2008

Theme: “Dignity and Justice for All of Us”

SALUTATION
Programme Director;
Minister of Justice and Constitutional Development, Mr. Enver Surty;
Deputy Minister of Justice and Constitutional Development, Advocate Johnny de Lange;
Ambassador Briët, Head of Delegation of the European Commission to South Africa;
Members of the Judiciary;
Heads of Chapter 9 Institutions;
Members from the Orange Farm Community; and
Ladies and gentlemen:

I am honoured to address this important gathering. We have gathered to launch an important programme that seeks to enhance access to justice and promote the constitutional rights of all our people.

This day, 10 December 2008, was deliberately chosen because it is International Human Rights Day.

Today we also celebrate the 60th birthday of the Universal Declaration of Human Rights (UDHR).

Programme director,

It is ironic that when the National Party came to power on 28 May 1948, the UDHR Declaration was adopted on 10 December in the same year.

South Africa was one of only eight countries that abstained from voting, partly because the apartheid government had already commenced with implementing apartheid policies and programmes that would systematically violate every one of the rights recognised in the UDHR Declaration.

The theme of the campaign we are launching today is titled “Dignity and Justice for All of Us”. This title reinforces the vision of the Declaration as a commitment to universal dignity and justice and is not something that should be viewed as a “luxury or a wish-list”.

Distinguished guests,

As we are all fully aware, South Africa’s own Bill of Rights, was born out of the long struggle against injustice. Prior to 27 April 1994, the majority of our people were subjected to the harshest forms of human rights violations.

Today we can celebrate our freedom and improve the quality of life of all our citizens based on the undertaking that lies at the heart of our 1996 Constitution.

As you are aware, our Constitution is “the birth certificate of the South African nation”. Our Constitution is one of the most advanced in the world with good reason because:

• It makes provision for an independent and impartial judicial system including a powerful Constitutional Court;
• It is devoted to the establishment of state institutions designed to support a constitutional democracy;
• And a representative, open, and accountable government is guaranteed.

Our Contititution derives its inspiration from the Freedom Charter, which has committed our country and its leadership to, among other things, the following:

• South Africa belongs to all who live in it, black and white;
• The people shall govern;
• All shall be equal before the law; and
• All national groups shall have equal rights.

I wish to now turn to the programme that we are jointly launching with the European Union (EU) represented by His Excellency, Ambassador Briët.

The Department of Justice and Constitutional Development and the EU have recently finalised a programme entitled “Access to Justice and the Promotion of Constitutional Rights Programme (Strengthening Civil Society Participation),” for the period 2009 to 2013.

Our Government, through the Department of Justice, plays an important role in Justice and Constitutional Development, Promoting Human Rights and Access to Justice for All, with the particular focus on empowering impoverished and marginalised communities.

The transformation of society is premised on the values of dignity, equality, and non-discrimination as prescribed in our Constitution.

In all we do, we continue to be guided by these fundamental constitutional principles.

Ladies and gentlemen,

Mindful of the positive contribution civil society has made in the attainment of our freedom, and the positive role it continues to play in deepening South Africa’s fledgling democracy, we remain seized with the challenge of strengthening partnerships between government and civil society in the area of justice and constitutional development.

We recognise, as Government, the significance of separating powers of the Executive and the judiciary, and we are, accordingly, encouraged by the continuing confidence of our people in the work of our judges and the courts.

This programme that we are launching today, with the support of our friends from the EU, seeks to address the following areas of importance:

• improved access to justice for vulnerable and marginalised groups,
• improved awareness and knowledge of constitutional rights in South Africa for vulnerable and marginalised groups, and
• enhanced participatory democracy through public policy dialogue and strengthening civil society organisations.

It is important to say that in implementing this programme, we are builiding partnerships with a number of stakeholders, including the Foundation for Human Rights (FHR) .

Distinguished guests,

Our goverment recognises that the realisation of the goals of the Constitution find concrete expression in the actual improvement of the quality of life of our people.

Some of the challenges which the programme intends to address include:

• enhancing the capacity of civil society to participate meaningfully in governance,
• rooting out racism and xenophobia,
• protection and promotion of rights of the elderly, disabled, children and women,
• protection and promotion of rights of prisoners particularly children and youth,
• protection and promotion of rights of refugees, asylum seekers and undocumented migrants, and
• access to justice by the poor.

Taking all of this into account in the justice sector, the Department of Justice will be implementing this programme under the three key focus areas mentioned earlier – namely Justice and Constitutional Development, Promoting Human Rights and Access to Justice for All

Access to Justice - will be enhanced through increasing support to the diverse institutions that service the majority of the people, particularly the poorest in the rural areas.

In addition, a joint national programme with civil society should be established to increase the utilisation of our equality courts and the enhancement of restorative justice mechanisms for vulnerable and marginalised communities.

Awareness of Constitutional Rights - Given the low level of literacy in the country and a certain degree of apathy among citizens when it comes to human rights, it becomes necessary to embark on a program to educate everyone in South Africans about the Constitution.

Programme director,

The majority of our people are poor, live in rural areas and are most vulnerable to gross violations of their rights on a daily basis.

To give meaning to our Constitution, we must endeavour to see South Africans being educated about their constitutional rights and responsibilities which are meant to inform and protect them.

Access to human rights enhances the achievement of equality and human dignity. It gives voice to the poor and marginalised and creates a society that not only knows its rights but knows how to access and protect them.

Ladies and gentlemen,

The interface between government, civil society and communities is the cornerstone of building a culture of human rights. This programme will thus support interventions to strengthen participatory democracy at all levels in society.

The targeted communities and beneficiaries include farm workers; people affected by HIV/AIDS; child-headed households; people affected by violations of human rights; the aged; persons with disabilities; youth including children in prisons; refugees, asylum seekers and undocumented migrants.

I have confidence that with access to information our people will be capacitated to make informed decisions. Strengthening our partnership is crucial in this regard.

Finally, I wish to thank the community of Orange Farm, the Board of the Foundation for Human Rights, the EU and the Department of Justice for participating in this event.

Long live the Freedom Charter!

Long live our Constitutional democracy!

Amandla ngawethu!

Matla ke a rona!

Matimba ke a rona!

I thank you.

                 
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