TRC Final Report

Volume 5

Chapter 8

Subsection 34

■ INTERNATIONAL HUMAN RIGHTS

International human rights instruments

112 The Commission recommends that:

SOUTH AFRICA RATIFY, IN PARTICULAR:

THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR) AND BOTH ITS PROTOCOLS;

THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS;

THE UNITED NATIONS CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT OR PUNISHMENT.

THE GOVERNMENT ENGAGE IN AN INTERNAL REVIEW OF POLICY – SIMILAR TO THAT WHICH OCCURRED AFTER THE RATIFICATION OF THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW) AND THE ATTENDANCE OF A HIGH-LEVEL GOVERNMENT DELEGATION AT THE 1995 UNITED NATIONS FOURTH WORLD CONFERENCE ON WOMEN, HELD IN BEIJING, CHINA – TO DETERMINE WHETHER SOUTH AFRICAN LAW AND PRACTICE CONFORM TO INTERNATIONAL OBLIGATIONS.

RENEWED INTERNATIONAL CONSIDERATION BE GIVEN TO:

THE WAY IN WHICH LIBERATION WARS AND CIVIL WARS ARE CONDUCTED.

THE TREATMENT OF PARTICIPANTS IN ARMED COMBAT IN CIRCUMSTANCES OF WAR, CIVIL WAR, REVOLUTIONS, INSURGENCY OR GUERRILLA WARFARE.

IN THIS ERA OF INTERNATIONAL CONCERN FOR HUMAN RIGHTS, IT IS NECESSARY TO EXAMINE WHETHER IT IS ACCEPTABLE FOR DESERTERS OR TRAITORS TO BE EXECUTED, EVEN IF THEY HAVE BEEN TRIED BY A TRIBUNAL. IT MUST BE BORNE IN MIND THAT IN MANY SUCH CIRCUMSTANCES IT IS NOT POSSIBLE FOR TRIBUNALS TO COMPLY WITH ALL THE PRESENT INTERNATIONAL REQUIREMENTS. MINIMUM ACCEPTABLE STANDARDS SHOULD BE DEVISED, GOVERNING CONDITIONS OF DETENTION AND FAIR TRIALS. THE COMMISSION FOUND THE GENEVA CONVENTION AND ITS VARIOUS PROTOCOLS TO BE OF GREAT ASSISTANCE, BUT BELIEVES THERE IS STILL MORE THAT COULD BE ADDED.