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The domestic impact of the international convention on the elimination of all forms of racial discrimination in South Africa
Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2023.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2023
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| _version_ | 1867613590217818112 |
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| access_status_str | Open Access |
| author2 | Viljoen, Frans |
| author_browse | Viljoen, Frans |
| author_facet | Viljoen, Frans |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2023. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/93524 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:38:33.924Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/93524 The domestic impact of the international convention on the elimination of all forms of racial discrimination in South Africa Viljoen, Frans sibanyonintokozo6@gmail.com Zyberi, Gentian Sibanyoni, Ntokozo Domestic impact Land rights trc-related prosecutions Racial equality Legacy of apartheid UCTD Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2023. 10 December 2023 marks 25 years of South Africa’s ratification of the International Convention on the Elimination of Racial Discrimination (ICERD). The creation of this treaty was a response to apartheid in South Africa, in addition to other racial calamities across the globe. The ratification took place as the Truth and Reconciliation Commission’s proceedings were happening, providing a good opportunity for an international mechanism on racial discrimination to influence the country’s transition. It is thus necessary to take stock of what the Convention has done in South Africa in the past 25 years after the transition. This study assesses the domestic impact of the ICERD in South Africa, and it uses the themes of land rights, prosecution of apartheid crimes (‘TRC-related prosecutions’), and racial equality, to assess impact. It aims to assess whether there has been impact both in law and in practice, and also uses a comparative analysis to assess whether the full potential of ICERD has been put to use in addressing the study themes in the South African context. The study employed a working definition of impact, considering impact to be the ability of ICERD to ensure the realisation of its norms within RSA, both in law and in practice, and as a result of engagements between all relevant domestic and international actors. In the assessment of the Convention on the study themes, this study found that there is impact in law, although sometimes it is delayed and legislative processes are prolonged. However, there were gaps between the law and realities on the ground, such that impact in practice was limited across the themes. Having analysed the domestic impact, this study discusses some of the reasons that have led to the current levels of impact. In this regard, the study assesses the limitations that each actor within the State reporting system faces. The limitations varied from institutional constraints and resource limitations to actors not accurately understanding the value of the engagements on the Convention. The study ends with recommendations for each of the actors to enhance their contributions in the State reporting process, which will enrich the discussion and potentially improve overall impact. Centre for Human Rights LLM (Human Rights and Democratisation in Africa) Unrestricted Faculty of Laws SDG-08:Decent work and economic growth SDG-10:Reduces inequalities SDG-11:Sustainable cities and communities SDG-16:Peace,justice and strong institutions 2023-11-29T07:34:17Z 2023-11-29T07:34:17Z 2023-12-08 2023 Mini Dissertation * D2023 http://hdl.handle.net/2263/93524 https://doi.org/10.25403/UPresearchdata.24999926.v1 en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | Domestic impact Land rights trc-related prosecutions Racial equality Legacy of apartheid UCTD The domestic impact of the international convention on the elimination of all forms of racial discrimination in South Africa |
| title | The domestic impact of the international convention on the elimination of all forms of racial discrimination in South Africa |
| title_full | The domestic impact of the international convention on the elimination of all forms of racial discrimination in South Africa |
| title_fullStr | The domestic impact of the international convention on the elimination of all forms of racial discrimination in South Africa |
| title_full_unstemmed | The domestic impact of the international convention on the elimination of all forms of racial discrimination in South Africa |
| title_short | The domestic impact of the international convention on the elimination of all forms of racial discrimination in South Africa |
| title_sort | domestic impact of the international convention on the elimination of all forms of racial discrimination in south africa |
| topic | Domestic impact Land rights trc-related prosecutions Racial equality Legacy of apartheid UCTD |
| url | http://hdl.handle.net/2263/93524 https://doi.org/10.25403/UPresearchdata.24999926.v1 |