The proposal to collapse several Chapter 9 institutions, also referred to as Institutions Supporting Democracy (ISDs), was first made in 2007.

The Asmal Commission recommended the establishment of a supra-national body comprising the National Youth Development Agency; the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities; the Commission for Gender Equality; the Pan South African Language Board and the South African Human Rights Commission. However, there was an almost 10-year hiatus before the call for submissions was made, on 25 May 2017, to assess the findings of the Asmal Report.

The submission of the CUD provides a detailed outline and recommendations to Parliament:

• The Asmal Report is outdated as it was commissioned at a time when several of the ISDs were in turmoil, and while challenges remain, significant improvements have been made to ensure adherence to constitutional and legislative compliance by these.
• The CUD applauds the re-engagement of Parliament with the Asmal Report but cautions the imperative to balance the issue of the cost of sustaining the ISDs with the issue of impact of these institutions, whose task remains that of strengthening constitutional democracy.
• Recommends that the oversight, monitoring and impact of the work of the ISDs by Parliament must follow a more structured mechanism, including the crucial issue of ensuring co-operation and co-ordination between ISDs and between these and government and civil society.
• Recommends that accountability and independence from government is key to the healthy functioning of ISDs, particularly in respect of fiscal allocations and oversight.
• We contend that the creation of a supra-national body will not be an effective means to ensure co-operation, co-ordination, public awareness, speedy finalisation of matters, fiscal prudence and greater accountability, due to an unrealistic mandate and the likelihood of lack of capacity and resources.

In summary, the motivation for the creation of a Single Human Rights Body to replace the ISDs under review, has not been sufficiently motivated in the Asmal Report to justify far-reaching constitutional changes, which risk overturning in word, spirit and value the Constitution.

The continued necessity for dedicated institutions to promote gender equality; human rights; cultural, religious and linguistic rights and the rights and development of children and young people remains critically important in South Africa 23 years into democracy. South Africa is still a long way from being close to the ideal of an open, democratic and robust society that can boast equality in real and lived terms. Shadows of the past impede full realisation of democratic and constitutional dividends, and institutions dedicated to addressing the most telling deficiencies in our society must not be diminished by subsuming these into a single entity.

By Ms Zohra Dawood: Director, Centre for Unity in Diversity 

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