On 26 November 2008, the Socio-Economic Rights Project of the Community Law Centre hosted a seminar on ‘critical socio-economic rights issues: The right to food, social security and enforcement of court orders’. The seminar was intended to engage with participants on the Project’s research that discuss current critical issues in the area of social and economic rights placing a particular focus on the right of access to food, social security and the enforcement of court orders. The seminar looked at how the global economic crisis resulting in increases in food prices affects ordinary peoples’ access to food in South Africa and the role of individuals, government and companies is in this regard. It also identified pertinent issues including gaps in the current social security framework in South Africa and suggests how these can be addressed. Importantly, the seminar also discussed the strategies necessary to improve the enforcement of court orders as failure to implement court orders has been identified as the “weakest link” in the realisation of social and economic rights in South Africa.

The research outputs that informed the seminar were:

1. Knowing & claiming your right to food
2. Pertinent social security issues in South Africa
3. You are the “weakest link” in realising socio-economic rights: Goodbye - Strategies for effective implementation of court orders in South Africa

On 31 July 2008, the Socio-Economic Rights Project of the Community Law Centre hosted a one-day conference on ensuring public participation in service delivery. The conference was intended to provide a forum where those who seek to promote and improve the practice of public participation can discuss and reflect on this important issue, share experiences and highlighting implications and challenges of public participation, especially at the grassroots level, and explore the various ways or opportunities of ensuring that residents and communities participate in service delivery decisions and processes. The conference was also aimed at raising awareness of the legislative and policy framework on public participation.

Various presentations made at the conference are available here

A summary of the conference is published in the ESR Review Vol. 9 No.3 2008.   

The Socio-Economic Rights Project held a seminar on “Rights, Legal Empowerment and Poverty Reduction” on 26 June 2008 at School of Government, University of the Western Cape. The keynote speaker at the seminar was Professor Dan Banik from the Centre for Development and Environment, University of Oslo, Norway. His keynote address, “Rights, Legal Empowerment and Poverty Reduction: From Academic Discourse to Implementable Policy”, was followed by a panel discussion made up of:

1.    Prof. Jaap de Visser, Senior Researcher, Community Law Centre, UWC.
2.    Prof. John Mubangizi, Deputy Vice Chancellor & Head, Law College, UKZN.
3.    Dr. David Bilchitz, Senior Researcher, SAIFAC,
4.    Prof. Andries du Toit, Deputy Director, PLAAS, UWC.

The panelists addressed, among others, the following questions:  
 
1. How can the poor be empowered to actively participate in decision-making processes and consequently influence policy outcomes?

2. To what extent can judicial and governance reforms lead to an improvement of the  poor’s access to justice and thereby protect, fulfill and advance their social, economic and cultural rights?

3. Finally, to what extent can citizens and civil society actors hold the state accountable for policy failures?

Particular attention is paid to the various mechanisms through which role-players such as government, parliament, the state institutions supporting constitutional democracy, the judiciary and civil society organisations can contribute to the effective realisation of socio-economic rights. These events also aim at stimulating public debate, deepening awareness and providing a forum to share research and experiences on the barriers and challenges to the realisation of socio-economic rights in the South African context.

Roundtable discussion on the socio-economic rights of children:

The Socio-Economic Rights Project together with the Children's Budget Unit (CBU) of the Budget Information Service (BIS) at Idasa hosted a roundtable discussion on the interaction between child socio-economic rights obligations and government's conceptualisation and implementation of programmes for children, on 2 June 2004 in Cape Town.

The aim of the discussion was to bring together policy makers, officials implementing key programmes for children, budget experts and human rights advocates to share perspectives on how child socio-economic rights are currently provided for in government's policy, programming and budgeting, and to evaluate their efficacy. A report on this roundtable discussion will be forthcoming.

Conferences hosted by the Project:

1. Water Delivery in South Africa and the Netherlands

Hosted by the Institute of Constitutional and Administrative Law at the Utrecht University, in Conjunction with the Community Law Centre 7 - 8 March 2005.

This seminar was intended to make presentations and have discussions on the impact of privatisation on the enjoyment of the right to water. The participants drew on experiences and lessons from the two countries: Netherlands and South Africa. The proceedings of the seminar will be published in this space soon.

2. 'Realising Socio-Economic Rights in South Africa: Progress and Challenges' 2002

2002 is the fifth anniversary of the adoption of the 1996 Constitution. This represents an important occasion to reflect on the progress made in realising socio-economic rights in South Africa and to identify the challenges that lie ahead. Over the past year the Socio-Economic Rights Project has embarked on a research project with the aim of contributing to this process (see Applied Research).

The research papers were presented at a colloquium organised by the project from 17 - 19 March 2002 at the Strand Beach Hotel, Cape. Over 150 delegates representing a cross-section of government officials, parliamentarians, representatives of the SAHRC, the CGE, the judiciary, legal profession, academics and NGOs attended the event. In addition, a number of international guests attended and presented papers on international developments relating to socio-economic rights.

The following can be accessed online for downloading:

• Introductory remarks by Sandy Liebenberg at the opening of the Colloquium - download

• Colloquium programme - download

• Summary of key themes and conclusions emerging from the colloquium as presented by Adv M K Mathipa of the Department of Water Affairs and Forestry, and Mr G Budlender of the Legal Resources Centre - download

Papers presented:

Papers by International Guests

• A G Pillay The contemporary protection of economic, social and cultural rights in international law - download

• S Amadi Programmatic and conceptual paralysis in protecting and promoting economic, social and cultural rights in Africa - download

• V Taylor Realising socio-economic rights: An imperative for human security - download

3. Giving Effect to Socio-Economic Rights: The Role of the Judiciary and Other Institutions, 1998

On 6 and 7 October 1998, the Project co-hosted a conference with the above title with the Constitutional Litigation Unit of the Legal Resources Centre at the Parktonian Hotel, Johannesburg. The purpose of the conference was to share information and ideas on practical ways in which the socio-economic rights entrenched in the SA Constitution can be implemented, monitored and enforced. Sessions were devoted to the respective roles of the various public institutions such as the judiciary, parliament, the executive, the independent commissions as well as civil society in giving effect to socio-economic rights. The conference was attended by approximately 100 representatives of the above institutions as well as NGOs.

The papers presented at the conference are published in a special edition of ESR Review, vol 1, no. 4, March 1999

The Project has also hosted a number of workshops and seminars:

• Seminar on Critical issues in the realisation of the right to food in South Africa. Download the seminar report here

• Seminar on the Privatisation of Basic Services, Democracy and Human Rights. Download the report of the seminar here

• Workshop on the Social Security Agency Bill Held at UWC on 5 February 2003. For notes on this workshop click here.

• HIV/Aids and the infant's right to basic nutrition. On 15 October 2002, the Socio-Economic Rights Project held a workshop on HIV/Aids and the infant's right to basic nutrition. See minutes of proceedings and some presentations: Anneke Meerkotter, Anne Behr, Sibonile Khoza, Mark Cotton, Michaela Figuera.

WORKSHOP: OUT-SOURCING/PRIVATISATION OF BASIC SERVICES AT THE LOCAL GOVERNMENT LEVEL IN SOUTH AFRICA: DEMOCRACY, HUMAN RIGHTS NORMS AND GOOD GOVERNANCE PRINCIPLES

Held 22 October 2004 at the University of the Western Cape

WORKSHOP REPORT

On the 22 October 2004 the Socio-Economic Rights Project and the Local Government Project co-hosted the above referenced workshop. The workshop attracted participants from civil society organisations, academics and members of the private sector.

The main objective was to share experiences on the impact of privatization on the delivery of public services in South Africa. The workshop was also aimed at identifying areas of further research and recommendations. In addition to focusing on the processes of privatisation against the background of the law, the workshop considered the impact of privatisation on the enjoyment of the right to water. This was, among others, based on a report of a case study carried out in two Eastern Cape towns of Lukhanji and Amahlati. The report, which was presented at the workshop, disclosed that efforts by local authorities to contain the costs of water delivery were being affected by the wide spread poverty caused mostly by unemployment. There is evidence of the willingness of the people to pay versus poverty and unemployment. The report also disclosed that the municipals' financial resources were being strained by their financial commitment under the service provision contracts. This has forced the municipalities to adopt rigorous debt recovery methods, including pre-paid meters and water restrictors, which is greatly affecting the peoples' access to water.

The report is available here...

The workshop considered what were referred to as "drivers and dangers" of privatization. It emerged from the workshop that most of the service provision contracts were inaccessible to the people. They are drafted in a very legalistic manner, are bulky, complex and leave many issues untied.

Some areas for further research were identified, these included:

• The basic free water: basis of minimum prescription, adequacy and impact of providing water to the rich as well;

• The legality and impact of "cutting" electricity for water debts;

• The need and possibility of the Constitutional Court re-visiting its approach to the minimum core obligation;

• The need for more quantitative studies;

• The legality and impact of water restrictors on the enjoyment of the right to water; and

• Impact of nature of service provision contracts on their implementation