NWU Human Rights Committee(HRC)

Anton Scheppel

Director: Employee Relations & Wellness and ISAS(Human Rights Portfolio holder and IF Representative)

Why a Human Rights Policy and HRC @ the NWU?

• As a pre-eminent university in Africa, driven by the pursuit of knowledge and innovation, with a unique institutional culture based upon the values the University espouses, the North-West University has adopted a Human Rights Policy on 22 September 2006.

• Through this Policy the NWU recognises:– the fundamental rights and values contained in the Bill of

Rights in the Constitution of the Republic of South Africa 108 of 1996;

– that these fundamental values and rights must be respected and upheld in the University community; and

– that these fundamental rights and values should not be viewed in isolation but must be applied as an integral part of all University practices and policies

• The Human Rights Policy is applicable to all members of the University (employees and students) as well as service providers of the University.

Objectives of the Human Rights Policy• The Human Rights Policy was reviewed in April 2014

• Objectives of Human Rights Policy: – promote the observance of human rights; – promote a culture of human rights; – promote respect for and the protection of human rights; – develop an awareness of human rights among the University

community and its external environment; – monitor and assess the compliance of human rights in the

University community; – make recommendations to the Council on the promotion of

human rights within the framework of the law and the Constitution;

– investigate any alleged violation of human rights within the University community and to assist any person adversely affected thereby to secure redress; and

– carry out (non-academic) educational programmes in the University community on human rights.

Guiding Principles of the Human Rights Policy

• Bill of Rights, Chapter 2 of the Constitution• The Values contained in the Constitution that underlie an

open and democratic society based on human dignity, equality and freedom (Section 39 of the Constitution)

• Legislation enacted in terms of the Constitution, e.g. Promotion of Access to Information Act (2 of 2000), Promotion of Administrative Justice Act (3 of 2000), Promotion of Equality and Prevention of Unfair Discrimination Act (4 of 2000)

• Constitutional Court and other relevant jurisprudence on human rights

• South African Human Rights Commission decisions, publications and policy documents

• International, regional and foreign documents and commentaries on human rights (Section 39 of the Constitution)

NWU HRC Brochure

Bill of Rights, Chapter 2 of the Constitution

• The following rights are basic rights as contained in the Bill of Rights:– Equality (Section 9)– Human Dignity (Section 10)– Life (Section 11)– Freedom and security of the person (Section 12)– Slavery, servitude and forced labour (Section 13)– Privacy (Section 14)– Freedom of religion, belief and opinion (Section 15)– Freedom of expression (Section 16)– Assembly, demonstration, picket and petition (Section 17)– Freedom of association (Section 18)– Political rights (Section 19)– Citizenship (Section 20)– Freedom of movement and residence (Section 21)

Bill of Rights, Chapter 2 of the Constitution (continue)

– Freedom of trade, occupation and profession (Section 22)– Labour relations (Section 23)– Environment (Section 24)– Property (Section 25)– Housing (Section 26)– Heath care, food, water and social security (Section 27)– Children (Section 28)– Education (Section 29)– Language and culture (Section 30)– Cultural, religious and linguistic communities (Section 31)– Access to information (Section 32)– Just administrative action (Section 33)– Access to courts (Section 34)– Arrested, detained and accused persons (Section 35)

Lawful "restrictions" of Human Rights

Limitation of rights (Section 36)• The rights may be limited only in terms of law of general

application to the extend that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, such as:– The nature of the right;– The importance of the purpose of the limitation;– The nature and extend of the limitation;– The relation between the limitation and its purpose; and– Less restrictive means to achieve the purpose.

• No law may limit any right in the Bill of Rights, except as provided above.

Background to the NWU HRC

• The NWU Human Rights Committee (HRC) consists of 10 (ten) members, representing each business unit at the NWU.

• Ms Mohsina Chenia, a director in Cliffe Dekker Hofmeyr's Employment Practice, has been appointed as the Chairperson for the HRC.

• The HRC has 4 (four) individually scheduled meetings per year. Should the need arise, additional meetings are arranged to address matters.

Composition of the HRC

Chairperson

Institutional Office

Representative

Mafikeng Campus

Representative

Potchefstroom Campus

Representative

Vaal Triangle Campus

Representative

Dean of Institutional

Students Representativ

e

Special Advisor

Representative

Human Rights Portfolio

holder and IF Representativ

e

Special Expertise

Representative

Special Expertise

Representative

Student Representativ

e

HRC "Achievements"

• Since 2005 the HRC held at least one annual Human Rights Seminar / Workshop

• In 2014 the previous Chairperson, Adv. Rehana Rawat was the speaker at the Vaal Triangle Campus as part of the awareness campaign of the HRC

• Adv Rawat was also part of the team which gave out the Wessels report in 2014

• The HRC in conjunction with the NWU Skills Development held a Women's Day Conference in August 2014 with Robin Banks as one of the keynote speakers

• All HRC Seminars / Workshops are open to employees, students and members of the public and even members of the media is invited

• For 2015 the HRC's focus is more on awareness campaigns amongst employees and students

Previous Human Rights Seminars

2014

2015 Human Rights Awareness Campaign

On 13 April 2015 an awareness campaign was held across the entire NWU for employees and students

Potchefstroom Campus: Lover's Lane

Institutional Office: Daktuin

NWU HRC Complaints handling procedure

• Purpose• Complaints which may be handled• Place of lodging a complaint• Who can lodge a complaint• Information required when lodging a complaint• Confidentiality of complainant• Format of lodging a complaint• Manner of lodging a complaint• Time to lodge a complaint• Procedure followed after lodging a complaint• Format and procedure of handling of complaints• Methods of resolving complaints

NWU HRC Complaints handling procedure (continue)• General provisions relating to resolving complaints

– Written submissions– Verbal testimony

• Resolution of complaints– Conducting of proceedings– Conciliation and negotiation proceedings– Mediation process– Other appropriate steps or recommendations

• Adverse actions against any party to the proceedings• Conclusion of complaints• Final reports• Notifying the parties of the outcome• Monitoring of recommendations

NWU HRC Complaints handling procedure (continue)• Powers of the HRC• Confidentiality of proceedings• Time frames• General• Recordkeeping• Failure to abide by a decision of the HRC by the respondent• Other steps to be taken by the complainant

Sensitive matters regarding students

The following matters are regarded as very sensitive matters:• Initiation practices;• Racism;• Discrimination • Freedom of religion, belief and opinion • Political rights • Freedom of expression • Freedom of association• Language and culture• Cultural, religious and linguistic communities

Where to report allegations of Human Rights Infringements

Allegations of Human Rights can be reported anywhere, but it is preferred that reporting is done via the following channels:

018 299 4816 (Mr Anton Scheppel / Ms Christelle van Zyl)

018 299 4801 (Employee Relations Unit)

Institutional Office, C1 building, room G59 / G60(Mr Anton Scheppel / Ms Christelle van Zyl)

humanrrights@nwu.ac.za (administered by Ms Christelle van Zyl & Ms Goitsemang

(Queen) Ntsoelengoe)

Questions?

Thank you