Die marknavorser Ipsos het op ‘n ongeleë tyd vir pers. Jacob Zuma die bevindinge van omvattende navorsing oor werkloosheid in Suid-Afrika bekend gemaak waarvolgens 87% van alle volwassenes werkloosheid sien as die grootste enkele probleem in die land, sê adv. Anton Alberts, die VF Plus se parlementêre woordvoerder oor arbeid.
Adv. Alberts sê nieteenstaande die president se beloftes oor werkskepping en 6 miljoen nuwe werkgeleenthede wat hy verlede jaar met sy staatsrede gemaak het, is dit duidelik dat die ANC tot dusver Suid-Afrika se mense faal wat werkskepping en volhoubare armoedeverligting aanbetref.
Die navorsing is van 19 September 2014 tot 24 Oktober 2014 gedoen en altesame 3 608 volwasse persone is lukraak in hul eie woning en in hul eie taal uitgevra.
Volgens adv. Alberts is dit tyd dat die ANC begin insien dat ‘n meer buigsame arbeidsmark nodig is en dat vakbonde meestal net stry vir die regte van werkers en nie werkloses nie en daarom minder invloed op die regering behoort te hê.
“Die regering moet besef dat inmenging weens rasse-teikens in die arbeidsmark en die privaatsektor die groei van werkgeleenthede belemmer eerder as wat dit werk skep en daar moet meer fokus geplaas word op die reg tot werk eerder as die beskerming alleenlik van die wat reeds werk het.
“Die Internasionale Verdrag oor Ekonomiese, Maatskaplike en Kulturele Regte is onlangs deur Suid-Afrika bekragtig en ingevolge artikel 6 is die regering verantwoordelik om die reg tot werk te laat realiseer. (Die betrokke dokument word aangeheg).
“Hierdie reg staan natuurlik in kontras met die ANC se verhouding met unies wat slegs die werkersklas ten koste van die werklose wil beskerm. Dit gaan interessant wees om te sien hoe howe die nuwe reg, wat nie in ons Grondwet vervat is nie, gaan vertolk veral rakende beleid wat mense op grond van ras uit die werkplek hou.
“Die obsessiewe fokus van die ANC op die verlede en ras, verstrengel die hele land in ‘n denkraamwerk waar meer aandag gegee word aan die skep van polarisasie. Wat die land nodig het, is leierskap en visie wat tans ver tekort skiet in die regering,” sê adv. Alberts.
Kontaknommers: 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
2
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:
3
(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.
4
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;
5
(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
6
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.
7
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.
8
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.
;
