Solidarity calls on SAHRC to review affirmative action after UN had rebuked SA about racial classification
15 February 2017
Trade union Solidarity today asked the South African Human Rights Commission (SAHRC) to formally investigate black economic empowerment and affirmative action legislation. This comes after the United Nations’ Committee on the Elimination of all Forms of Racial Discrimination (CERD) had criticised South Africa’s racial classification system in a report.
According to the report, CERD is concerned about the fact that South Africa is making use of apartheid era racial classification in its employment policies. The UN committee’s report came after the South African government had submitted its periodic report and Solidarity had submitted a shadow report to CERD last year. The UN Committee also said in a statement that the South African affirmative action system is too rigid.
According to Solidarity Chief Executive Dr Dirk Hermann, the SAHRC acts as CERD’s agent in South Africa and the commission has to ensure that South Africa implements the requirements contained in UN resolutions and recommendations. The SAHRC has the power to investigate South Africa’s affirmative action legislation to determine whether it meets CERD’s requirements. One of CERD’s requirements is that affirmative action may not be based on race only and must also focus on an individual’s socio-economic circumstances.
CERD also recommended that South Africa report to the committee on the impact affirmative action has on labour, education, public and political matters. Government must also report on the impact of affirmative action on those persons affected by it.