The South African Human Rights Commission

Strategic Plan: 2012-2015

Presentation to the Portfolio Committee on Justice and Constitutional Development

Contents

1. Introductory remarks

2. Strategic Plan: 2012-2015

3. Annual Performance Plan: 2012/13

4. Budget: 2012/13

5. Conclusion

An Overview of the Strategic Plan

2012-2015

Strategic Plan 2012-2015Mission and Vision

VisionTransforming society. Securing rights. Restoring dignity.

MissionThe Commission as the independent national human rights institution is created to support constitutional democracy through promoting, protecting and monitoring the attainment of everyone’s human rights in South Africa without fear, favour or prejudice.

ValuesIntegrity, honesty, respect, objectivity, Batho Pele principles and equality

Transforming society

Securing rights

Restoring dignity

CommissionersStrategic Focus Areas

Commissioner Strategic Focus Area Province UN Treaty Bodies

Chairperson, M L Mushwana

Asylum Seekers, Migration and Counteracting Xenophobia , Housing and Equality

Northern Cape and Mpumalanga

Convention on the Elimination of Racial Discrimination (CERD)

Deputy Chairperson, P Govender

Basic Services, Access to information

Western CapeConvention on the Elimination of All Forms of Discrimination against Women (CEDAW)

L Mokate Children, Basic Education Free State Convention on the Rights of the Child (CRC)

B Malatji Disability, Older PersonsNorth West and Limpopo

Convention on the Rights of persons with Disabilities (CRPD)

S Baai Food, Health Care Eastern Cape

J Love (part-time)

Environment, Natural Resources, Rural Development

Kwa-Zulu NatalInternational Covenant on Economic, Social and Cultural Rights (ICESCR)

D Titus (part-time)

Human rights and Law Enforcement, Prevention of Torture

GautengConvention against Torture (CAT); International Covenant Civil & Political Rights (ICCPR)

Strategic Outcome Oriented Goals

Strategic Outcome Oriented Goal 1 Improve the quality of complaints handling

Goal Statement Revise the complaints handling mechanism to enable

greater access to and protection of rights, particularly by the most vulnerable

Strategic Outcome Oriented Goals

Strategic Outcome Oriented Goal 2 Improve the quality of monitoring, evaluation of and

reporting on the realisation of human rights

Goal Statement Streamline the monitoring, evaluation and reporting

processes to effectively measure the realisation of human rights

Strategic Outcome Oriented Goals

Strategic Outcome Oriented Goal 3 Inculcate a culture of human rights through human

rights advocacy

Goal Statement Develop and implement an effective and efficient human

rights advocacy plan

Strategic Outcome Oriented Goals

Strategic Outcome Oriented Goal 4 Strengthen organisational effectiveness and

efficiency

Goal Statement Restructure the Commission to ensure the effective

and efficient utilisation of human and financial resources

Strategic Outcome Oriented Goals

Strategic Outcome Oriented Goal 5 Improve communication and stakeholder engagement

Goal Statement Develop communication tools and key stakeholder

relationships thereby enhancing the credibility, reputation, and accessibility of the Commission

Strategic Objectives2012-2015

Strategic Objective 1 Promote compliance with international obligations

Strategic Objective 2 Position the Commission as the focal point for human rights in South Africa

Strategic Objective 3 Strengthen advocacy and human rights awareness raising

Strategic Objective 4 Advance the realisation of human rights

Strategic Objective 5 Advance the right to equality and access to information

Strategic Objective 6 Improve the effectiveness and efficiency of the Commission

Performance Overview2011-2012

LEADERSHIPMovement from previous assessment:

1.a Provide effective leadership based on a culture of honesty, ethical business practices and good governance, protecting and enhancing the best interests of the entity

1.b Exercise oversight responsibility regarding financial and performance reporting and compliance and related internal controls

1.c Implement effective HR management to ensure that adequate and sufficiently skilled resources are in place and that performance is monitored

1.d Establish and communicate policies and procedures to enable and support understanding and execution of internal control objectives, processes, and responsibilities

1.e Develop and monitor the implementation of action plans to address internal control deficiencies

1.f Establish an IT governance framework that supports and enables the business, delivers value and improves performance

Performance Overview2011-2012

FINANCIAL AND PERFORMANCE MANAGEMENT

Movement from previous assessment:

2.a Implement proper record keeping in a timely manner to ensure that complete, relevant and accurate information is accessible and available to support financial and performance reporting

2.b Implement controls over daily and monthly processing and reconciling of transactions

2.c Prepare regular, accurate and complete financial and performance reports that are supported and evidenced by reliable information

2.d Review and monitor compliance with applicable laws and regulations

2.e Design and implement formal controls over IT systems to ensure the reliability of the systems and the availability, accuracy and protection of information

Performance Overview2011-2012

GOVERNANCE

Movement from previous assessment:

3.a Implement appropriate risk management activities to ensure that regular risk assessments, including consideration of IT risks and fraud prevention, are conducted and that a risk strategy to address the risks is developed and monitored

3.b Ensure that there is an adequately resourced and functioning internal audit unit that identifies internal control deficiencies and recommends corrective action effectively

3.c Ensure that the audit committee promotes accountability and service delivery through evaluating and monitoring responses to risks and providing oversight over the effectiveness of the internal control environment including financial and performance reporting and compliance with laws and regulations

An Overview of the Annual Performance Plan

2012-2013

An Evolving CommissionFrom rethinking to reimagining the Commission

Rethinking Introspection and analysis Reviewing our mandate and performance Effective utilisation of resources Developing systems and tools Performance-driven

Reimagining Evolving to remain relevant and responsive Long-term planning and analysis Towards a new kind of national human rights institution Setting the benchmark for local and international standards Impact-driven

Annual Performance PlanApril 2012 to March 2013

Alignment with Strategic Objectives Commissioner-driven Annual Performance Plan Integrated planning model from Strategic Plan to individual

performance agreements

Key activities for 2012/13 Implementation of new complaints handling mechanisms Provincial hearings on access to water and sanitation National Conversation on the Right to Food Chairperson of the Network of African National Human Rights

Institutions Chairperson of the Forum for Institutions Supporting Democracy Back-to-basics service delivery programme

Annual Performance PlanBack-to-basics service delivery programme

Defining component of our mandate Protection of human rights

Finalisation of the restructuring project Appointment of a new management team Finalise recruitment process Monitoring and evaluation of the restructuring project

Training the Secretariat Induction of all staff Specialised training for legal and advocacy staff

Annual Performance PlanBuilding on our 2011/12 performance

Complaints Backlog Project Just over 86% of backlog complaints settled Backlog reduced from 2209 to 295 at the end of March 2012

Organisational Performance At the end of 2009/10, performance was at 52% By the end of 2010/11, performance improved to 67% Currently, performance levels are at over 80%

Impact-driven Approach Developed monitoring and evaluation tools S184(3) Report, Equality Report, Focus Area Report

An Overview of the Annual Budget

2012-2013

Parliament’s Recommendations 2010 Justice Report to the National Assembly

The Portfolio Committee recommended that:

The Commission should brief it on its Report on Access to Information separately

Consideration is given to identifying ways to generally increase support for the Commissions work

The Committee engages with the Office on Institutions Supporting Democracy and Related Institutions in the Deputy-Speaker’s Office to clarify its role in supporting these institutions.

The Commission is generally under-funded. The Committee supports the need for additional resources to be allocated to it to be able to deliver on its mandate

Parliament’s Recommendations Impact of Parliament’s Recommendations

The Allocation Letter provided for the following:

R1,2 million in 2012/13, R1,3 million in 2013/14 and R1,3 million in 2014/15 allocated to the SAHRC for improved conditions of service

R15 million in 2012/13, R15,8 million in 2013/14 and R16,5 million in 2014/15 allocated to Legal Aid for improved conditions of service

R17 million in 2012/13, R22,1 million in 2013/14 and R27,2 million in 2014/15 allocated to the Public Protector for improved conditions of service

Question: given it’s broad mandate, what can the Human Rights Commission do to ensure that it’s budget is also given the same level of priority as other institutions supporting democracy?

BudgetApril 2012 to March 2013

2011/12 BUDGET 2012/13 BUDGET % INCREASE % ALLOCATION

Personnel

56,103,430

66,270,870 18.12% 65.79%

Commissioners

2,267,650

2,714,044 19.69% 2.69%

CEO

3,033,000

1,273,000 -58.03% 1.26%

Governance

250,450

384,212 53.41% 0.38%

Finance

2,037,000

2,334,750 14.62% 2.32%

Admin & SCM

17,990,951

18,069,068 0.43% 17.94%

HR

2,186,800

2,626,140 20.09% 2.61%

IT

2,140,000

3,434,098 60.47% 3.41%

BudgetApril 2012 to March 2013

2011/12 BUDGET 2012/13 BUDGET % INCREASE % ALLOCATION

PAIA

723,000

759,150 5.00% 0.75%

Legal

686,319

836,767 21.92% 0.83%

Research

930,000

757,500 -18.55% 0.75%

Advocacy

551,400

676,400 22.67% 0.67%

IA

723,000

600,000 -17.01% 0.60%

PIAP

150,000

- -100.00% 0.00%

89,773,000

100,736,000 12.21% 100.00%

BudgetApril 2012 to March 2013

Budget Ideal Budget: R123 million Current budget: R100.736 million Shortfall: R23 million

Rationalisation of Services Focus on human rights violations Scaling down on advocacy and research Developing collaborative relationships with C9s, civil

society and corporate law firms Limitation on international engagements

ConclusionRecommendations and Way Forward

While the Commission is recognised internationally by the UN Office of the High Commissioner for Human Rights as an ‘A’ status institution, as Chair of Network of African National Human Rights Institutions, and has been approached to serve as Chair of the ICC, we do not appear to be given the requisite level of support at a domestic level

Despite the Commission’s consistent improvement in performance, including clean audits, positive quarterly dashboard reports, and an overall increase in performance from 52% to over 80% in less than two years, we remain constrained by our budget

ConclusionRecommendations and Way Forward

In order to achieve its objectives for the 2012/13 financial year, the Commission would like to call upon the Portfolio Committee to: Provide for specific budgetary increases in its report to the NA Support the Commission in hosting a public hearing at

Parliament on access to water and sanitation in March 2013 Assist in increasing support to ISD through the OISD Assist in ensuring that the Commission fulfills its Constitutional

obligations by encouraging government departments to cooperate with the Commission

The Commission acknowledges the efforts of the Portfolio Committee to provide it with additional support, but notes that these efforts have had a limited impact

The South African Human Rights Commission

Strategic Plan: 2012-2015

www.sahrc.org.za