FF Plus agrees with Ipsos that unemployment is one of the biggest problems in South Africa

2015-02-11
Adv Anton Alberts

The market researcher Ipsos has revealed the findings of comprehensive research into unemployment in South Africa, according to which 87% of all adults see unemployment as the largest single problem in the country, to president Jacob Zuma at a very inconvenient time, Adv. Anton Alberts, the FF Plus’ parliamentary spokesperson on labour says.

Adv. Alberts says despite the president’s promises about job-creation and 6 million new opportunities which he made during last year’s State of the Nation Address, it is clear that the ANC to date has failed South Africa’s people with regards to job creation and sustainable poverty alleviation.

The research was undertaken between 19 September 2014 and 24 October 201 and in total 3608 adults were randomly questioned at their own homes and in their own languages.

According to Adv. Alberts it is time that the ANC starts seeing that a more flexible labour market is needed and that trade unions mostly just argue for the rights of workers and not the unemployed and therefore should have less influence on government.

“Government should realise that interference due to race targets in the labour market and the private sector is hampering job-creation rather than creating jobs and more focus should be placed on the right to work rather than the protection of only those who already have work.

“The International Convention on Economic, Social and Cultural Rights was recently ratified by South Africa and in terms of Section 6 the government is responsible for seeing to it that the right to work is realised. Document attached)

“This right obviously stands in contrast with the ANC’s relations with unions who only want to protect the workers class at the expense of the unemployed. It will be interesting to see how the courts will interpret the new law, which is not included in our Constitution, especially with reference to policies which keep people out of the workplace based on their race.

“The obsessive focus of the ANC on the past and race is entangling the whole country in a mind frame where more attention is paid to creating more polarization. What the country needs is leadership and vision which currently is falling far short with government.


Contact no.: 082 391 3117 / 083 419 5403

 

International Covenant on Economic, Social and Cultural Rights

Adopted and opened for signature, ratification and accession by General Assembly

resolution 2200A (XXI)

of 16 December 1966

entry into force 3 January 1976, in accordance with article 27

Preamble

The States Parties to the present Covenant,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations,

recognition of the inherent dignity and of the equal and inalienable rights of all members of the human

family is the foundation of freedom, justice and peace in the world,

Recognizing that these rights derive from the inherent dignity of the human person,

Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free

human beings enjoying freedom from fear and want can only be achieved if conditions are created

whereby everyone may enjoy his economic, social and cultural rights, as well as his civil and political

rights,

Considering the obligation of States under the Charter of the United Nations to promote universal

respect for, and observance of, human rights and freedoms,

Realizing that the individual, having duties to other individuals and to the community to which he

belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in

the present Covenant,

Agree upon the following articles:

PART I

Article 1

1. All peoples have the right of self-determination. By virtue of that right they freely determine their

political status and freely pursue their economic, social and cultural development.

2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without

prejudice to any obligations arising out of international economic co-operation, based upon the

principle of mutual benefit, and international law. In no case may a people be deprived of its own

means of subsistence.

3. The States Parties to the present Covenant, including those having responsibility for the

administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of

self-determination, and shall respect that right, in conformity with the provisions of the Charter of the

United Nations.

PART II

Article 2

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1. Each State Party to the present Covenant undertakes to take steps, individually and through

international assistance and co-operation, especially economic and technical, to the maximum of its

available resources, with a view to achieving progressively the full realization of the rights recognized

in the present Covenant by all appropriate means, including particularly the adoption of legislative

measures.

2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the

present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language,

religion, political or other opinion, national or social origin, property, birth or other status.

3. Developing countries, with due regard to human rights and their national economy, may determine

to what extent they would guarantee the economic rights recognized in the present Covenant to nonnationals.

Article 3

The States Parties to the present Covenant undertake to ensure the equal right of men and women to

the enjoyment of all economic, social and cultural rights set forth in the present Covenant.

Article 4

The States Parties to the present Covenant recognize that, in the enjoyment of those rights provided

by the State in conformity with the present Covenant, the State may subject such rights only to such

limitations as are determined by law only in so far as this may be compatible with the nature of these

rights and solely for the purpose of promoting the general welfare in a democratic society.

Article 5

1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any

right to engage in any activity or to perform any act aimed at the destruction of any of the rights or

freedoms recognized herein, or at their limitation to a greater extent than is provided for in the

present Covenant.

2. No restriction upon or derogation from any of the fundamental human rights recognized or existing

in any country in virtue of law, conventions, regulations or custom shall be admitted on the pretext

that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

PART III

Article 6

1. The States Parties to the present Covenant recognize the right to work, which includes the right of

everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take

appropriate steps to safeguard this right.

2. The steps to be taken by a State Party to the present Covenant to achieve the full realization of this

right shall include technical and vocational guidance and training programmes, policies and techniques

to achieve steady economic, social and cultural development and full and productive employment

under conditions safeguarding fundamental political and economic freedoms to the individual.

Article 7

The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just

and favourable conditions of work which ensure, in particular:

(a) Remuneration which provides all workers, as a minimum, with:

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(i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in

particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal

pay for equal work;

(ii) A decent living for themselves and their families in accordance with the provisions of the present

Covenant;

(b) Safe and healthy working conditions; (c) Equal opportunity for everyone to be promoted in his

employment to an appropriate higher level, subject to no considerations other than those of seniority

and competence;

(d ) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as

remuneration for public holidays

Article 8

1. The States Parties to the present Covenant undertake to ensure:

(a) The right of everyone to form trade unions and join the trade union of his choice, subject only to

the rules of the organization concerned, for the promotion and protection of his economic and social

interests. No restrictions may be placed on the exercise of this right other than those prescribed by law

and which are necessary in a democratic society in the interests of national security or public order or

for the protection of the rights and freedoms of others;

(b) The right of trade unions to establish national federations or confederations and the right of the

latter to form or join international trade-union organizations;

(c) The right of trade unions to function freely subject to no limitations other than those prescribed by

law and which are necessary in a democratic society in the interests of national security or public order

or for the protection of the rights and freedoms of others;

(d) The right to strike, provided that it is exercised in conformity with the laws of the particular

country.

2. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by

members of the armed forces or of the police or of the administration of the State. 3. Nothing in this

article shall authorize States Parties to the International Labour Organisation Convention of 1948

concerning Freedom of Association and Protection of the Right to Organize to take legislative measures

which would prejudice, or apply the law in such a manner as would prejudice, the guarantees provided

for in that Convention.

Article 9

The States Parties to the present Covenant recognize the right of everyone to social security, including

social insurance.

Article 10

The States Parties to the present Covenant recognize that:

1. The widest possible protection and assistance should be accorded to the family, which is the natural

and fundamental group unit of society, particularly for its establishment and while it is responsible for

the care and education of dependent children. Marriage must be entered into with the free consent of

the intending spouses.

2. Special protection should be accorded to mothers during a reasonable period before and after

childbirth. During such period working mothers should be accorded paid leave or leave with adequate

social security benefits.

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3. Special measures of protection and assistance should be taken on behalf of all children and young

persons without any discrimination for reasons of parentage or other conditions. Children and young

persons should be protected from economic and social exploitation. Their employment in work harmful

to their morals or health or dangerous to life or likely to hamper their normal development should be

punishable by law. States should also set age limits below which the paid employment of child labour

should be prohibited and punishable by law.

Article 11

1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard

of living for himself and his family, including adequate food, clothing and housing, and to the

continuous improvement of living conditions. The States Parties will take appropriate steps to ensure

the realization of this right, recognizing to this effect the essential importance of international cooperation

based on free consent.

2. The States Parties to the present Covenant, recognizing the fundamental right of everyone to be

free from hunger, shall take, individually and through international co-operation, the measures,

including specific programmes, which are needed:

(a) To improve methods of production, conservation and distribution of food by making full use of

technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by

developing or reforming agrarian systems in such a way as to achieve the most efficient development

and utilization of natural resources;

(b) Taking into account the problems of both food-importing and food-exporting countries, to ensure

an equitable distribution of world food supplies in relation to need.

Article 12

1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the

highest attainable standard of physical and mental health.

2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of

this right shall include those necessary for:

(a) The provision for the reduction of the stillbirth-rate and of infant mortality and for the healthy

development of the child;

(b) The improvement of all aspects of environmental and industrial hygiene;

(c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases;

(d) The creation of conditions which would assure to all medical service and medical attention in the

event of sickness.

Article 13

1. The States Parties to the present Covenant recognize the right of everyone to education. They agree

that education shall be directed to the full development of the human personality and the sense of its

dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further

agree that education shall enable all persons to participate effectively in a free society, promote

understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and

further the activities of the United Nations for the maintenance of peace.

2. The States Parties to the present Covenant recognize that, with a view to achieving the full

realization of this right:

(a) Primary education shall be compulsory and available free to all;

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(b) Secondary education in its different forms, including technical and vocational secondary education,

shall be made generally available and accessible to all by every appropriate means, and in particular

by the progressive introduction of free education;

(c) Higher education shall be made equally accessible to all, on the basis of capacity, by every

appropriate means, and in particular by the progressive introduction of free education;

(d) Fundamental education shall be encouraged or intensified as far as possible for those persons who

have not received or completed the whole period of their primary education;

(e) The development of a system of schools at all levels shall be actively pursued, an adequate

fellowship system shall be established, and the material conditions of teaching staff shall be

continuously improved.

3. The States Parties to the present Covenant undertake to have respect for the liberty of parents and,

when applicable, legal guardians to choose for their children schools, other than those established by

the public authorities, which conform to such minimum educational standards as may be laid down or

approved by the State and to ensure the religious and moral education of their children in conformity

with their own convictions.

4. No part of this article shall be construed so as to interfere with the liberty of individuals and bodies

to establish and direct educational institutions, subject always to the observance of the principles set

forth in paragraph I of this article and to the requirement that the education given in such institutions

shall conform to such minimum standards as may be laid down by the State.

Article 14

Each State Party to the present Covenant which, at the time of becoming a Party, has not been able to

secure in its metropolitan territory or other territories under its jurisdiction compulsory primary

education, free of charge, undertakes, within two years, to work out and adopt a detailed plan of

action for the progressive implementation, within a reasonable number of years, to be fixed in the

plan, of the principle of compulsory education free of charge for all.

Article 15

1. The States Parties to the present Covenant recognize the right of everyone:

(a) To take part in cultural life;

(b) To enjoy the benefits of scientific progress and its applications;

(c) To benefit from the protection of the moral and material interests resulting from any scientific,

literary or artistic production of which he is the author.

2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of

this right shall include those necessary for the conservation, the development and the diffusion of

science and culture. 3. The States Parties to the present Covenant undertake to respect the freedom

indispensable for scientific research and creative activity.

4. The States Parties to the present Covenant recognize the benefits to be derived from the

encouragement and development of international contacts and co-operation in the scientific and

cultural fields.

PART IV

Article 16

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1. The States Parties to the present Covenant undertake to submit in conformity with this part of the

Covenant reports on the measures which they have adopted and the progress made in achieving the

observance of the rights recognized herein.

2.

(a) All reports shall be submitted to the Secretary-General of the United Nations, who shall transmit

copies to the Economic and Social Council for consideration in accordance with the provisions of the

present Covenant;

(b) The Secretary-General of the United Nations shall also transmit to the specialized agencies copies

of the reports, or any relevant parts therefrom, from States Parties to the present Covenant which are

also members of these specialized agencies in so far as these reports, or parts therefrom, relate to any

matters which fall within the responsibilities of the said agencies in accordance with their constitutional

instruments.

Article 17

1. The States Parties to the present Covenant shall furnish their reports in stages, in accordance with a

programme to be established by the Economic and Social Council within one year of the entry into

force of the present Covenant after consultation with the States Parties and the specialized agencies

concerned.

2. Reports may indicate factors and difficulties affecting the degree of fulfilment of obligations under

the present Covenant.

3. Where relevant information has previously been furnished to the United Nations or to any

specialized agency by any State Party to the present Covenant, it will not be necessary to reproduce

that information, but a precise reference to the information so furnished will suffice.

Article 18

Pursuant to its responsibilities under the Charter of the United Nations in the field of human rights and

fundamental freedoms, the Economic and Social Council may make arrangements with the specialized

agencies in respect of their reporting to it on the progress made in achieving the observance of the

provisions of the present Covenant falling within the scope of their activities. These reports may

include particulars of decisions and recommendations on such implementation adopted by their

competent organs.

Article 19

The Economic and Social Council may transmit to the Commission on Human Rights for study and

general recommendation or, as appropriate, for information the reports concerning human rights

submitted by States in accordance with articles 16 and 17, and those concerning human rights

submitted by the specialized agencies in accordance with article 18.

Article 20

The States Parties to the present Covenant and the specialized agencies concerned may submit

comments to the Economic and Social Council on any general recommendation under article 19 or

reference to such general recommendation in any report of the Commission on Human Rights or any

documentation referred to therein.

Article 21

The Economic and Social Council may submit from time to time to the General Assembly reports with

recommendations of a general nature and a summary of the information received from the States

Parties to the present Covenant and the specialized agencies on the measures taken and the progress

made in achieving general observance of the rights recognized in the present Covenant.

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Article 22

The Economic and Social Council may bring to the attention of other organs of the United Nations,

their subsidiary organs and specialized agencies concerned with furnishing technical assistance any

matters arising out of the reports referred to in this part of the present Covenant which may assist

such bodies in deciding, each within its field of competence, on the advisability of international

measures likely to contribute to the effective progressive implementation of the present Covenant.

Article 23

The States Parties to the present Covenant agree that international action for the achievement of the

rights recognized in the present Covenant includes such methods as the conclusion of conventions, the

adoption of recommendations, the furnishing of technical assistance and the holding of regional

meetings and technical meetings for the purpose of consultation and study organized in conjunction

with the Governments concerned.

Article 24

Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of the

United Nations and of the constitutions of the specialized agencies which define the respective

responsibilities of the various organs of the United Nations and of the specialized agencies in regard to

the matters dealt with in the present Covenant.

Article 25

Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to

enjoy and utilize fully and freely their natural wealth and resources.

PART V

Article 26

1. The present Covenant is open for signature by any State Member of the United Nations or member

of any of its specialized agencies, by any State Party to the Statute of the International Court of

Justice, and by any other State which has been invited by the General Assembly of the United Nations

to become a party to the present Covenant.

2. The present Covenant is subject to ratification. Instruments of ratification shall be deposited with

the Secretary-General of the United Nations.

3. The present Covenant shall be open to accession by any State referred to in paragraph 1 of this

article.

4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General

of the United Nations.

5. The Secretary-General of the United Nations shall inform all States which have signed the present

Covenant or acceded to it of the deposit of each instrument of ratification or accession.

Article 27

1. The present Covenant shall enter into force three months after the date of the deposit with the

Secretary-General of the United Nations of the thirty-fifth instrument of ratification or instrument of

accession.

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2. For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-fifth

instrument of ratification or instrument of accession, the present Covenant shall enter into force three

months after the date of the deposit of its own instrument of ratification or instrument of accession.

Article 28

The provisions of the present Covenant shall extend to all parts of federal States without any

limitations or exceptions.

Article 29

1. Any State Party to the present Covenant may propose an amendment and file it with the Secretary-

General of the United Nations. The Secretary-General shall thereupon communicate any proposed

amendments to the States Parties to the present Covenant with a request that they notify him whether

they favour a conference of States Parties for the purpose of considering and voting upon the

proposals. In the event that at least one third of the States Parties favours such a conference, the

Secretary-General shall convene the conference under the auspices of the United Nations. Any

amendment adopted by a majority of the States Parties present and voting at the conference shall be

submitted to the General Assembly of the United Nations for approval.

2. Amendments shall come into force when they have been approved by the General Assembly of the

United Nations and accepted by a two-thirds majority of the States Parties to the present Covenant in

accordance with their respective constitutional processes.

3. When amendments come into force they shall be binding on those States Parties which have

accepted them, other States Parties still being bound by the provisions of the present Covenant and

any earlier amendment which they have accepted.

Article 30

Irrespective of the notifications made under article 26, paragraph 5, the Secretary-General of the

United Nations shall inform all States referred to in paragraph I of the same article of the following

particulars:

(a) Signatures, ratifications and accessions under article 26;

(b) The date of the entry into force of the present Covenant under article 27 and the date of the entry

into force of any amendments under article 29.

Article 31

1. The present Covenant, of which the Chinese, English, French, Russian and Spanish texts are equally

authentic, shall be deposited in the archives of the United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies of the present Covenant

to all States referred to in article 26.