The State party should adopt all necessary measures to prevent, combat and punish violence against
women and children and reinforce its cooperation with civil society organizations in combating such
violence. The State party should also undertake research into the root causes of the high incidence of
rape and sexual violence so that effective preventive measures can be developed; establish
awareness-raising campaigns; investigate thoroughly those grave human rights violations; and work
towards a “no tolerance” policy.
(24) The Committee is concerned with human trafficking in the State party and notes the lack of effective specific
measures to combat such a phenomenon, including the absence of national legislation criminalizing human
trafficking (art. 16).
The State party should adopt legislation and other effective measures, in order to adequately prevent,
combat and punish human trafficking, especially that of women and children.
(25) While noting that the State party’s legislation, as well as the jurisprudence of the Constitutional Court
(S v. Williams and Others, of 1995), prohibits corporal punishment, the Committee remains concerned at even its
infrequent use in some schools and other public institutions and at the absence of an oversight mechanism to
monitor these institutions (art. 16).
The State party should ensure that legislation banning corporal punishment is strictly implemented, in
particular in schools and other welfare institutions for children, and establish a monitoring mechanism
for such facilities.
(26) While the Committee expresses its satisfaction that the State party has recognized the competence of the
Committee to consider communications from or on behalf of individuals claiming to be victims of a violation by the
State party of the provisions of the Convention, it notes the absence of communications received (arts. 22 and 10).
The State party should widely disseminate the Convention and information about it, in all appropriate
languages, including the mechanism established under its article 22.
(27) The Committee requests the State party to provide in its next periodic report detailed disaggregated statistical
data on complaints related to acts of torture, or cruel, inhuman or degrading treatment committed by law
enforcement officials as well as of the investigations, prosecutions and convictions relating to such acts, including
with regard to the abuses reportedly committed by South African peacekeepers. It further requests the State party to
provide detailed information on compensation and rehabilitation provided to the victims.
(28) The Committee also requests detailed information on the bills criminalizing torture and on child justice and
on any other bills or laws related to the implementation of the Convention. It further requests information on the
existing training programmes for law enforcement officials and on monitoring mechanisms in mental health and
other welfare institutions as well as on the measures to prevent and prohibit the production, trade and use
of equipment specifically designed to inflict torture or other cruel, inhuman or degrading treatment.
(29) The Committee requests the State party to provide, within one year, information on its response to the
recommendations in paragraphs 15, 16, 21, 23, 27 and 28 above.
(30) The Committee requests the State party to disseminate its report, with the written answers to the Committee’s
oral questions, and the conclusions and recommendations of the Committee widely, in all appropriate languages,
through official websites, the media and non-governmental organizations.
(31) The Committee, having concluded that during the consideration of the report of South Africa sufficient
information was presented to cover the seven-year period of delay in submitting the initial report, decided to request
the second periodic report by 31 December 2009.
41
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