The African Commission on Human and Peoples’ Rights Commends South Africa for Advancing the Right to Education through the Basic Education Laws Amendment Act.
The African Commission on Human and Peoples’ Rights (the Commission) welcomes the enactment and entry into force of the Basic Education Laws Amendment Act, 2024 (BELA Act), by the Government of the Republic of South Africa.
The Commission commends the Government of South Africa for this landmark legislative development, which demonstrates the State’s enduring commitment to the realization of the rights guaranteed under the African Charter on Human and Peoples’ Rights (the African Charter), particularly Articles 2, 17, and 18.
In particular, the Commission notes with appreciation the following key reforms introduced by the BELA Act:
· The compulsory inclusion of Grade R, thereby advancing universal and equitable access to early childhood education;
· The formal recognition of South African Sign Language as an official language of instruction, promoting inclusive education and the rights of learners with disabilities;
· The explicit prohibition of corporal punishment and harmful initiation practices, safeguarding the dignity and physical integrity of learners;
· The affirmation of the right to education for undocumented learners, thereby promoting non-discriminatory and inclusive access to schooling;
· The strengthening of school governance frameworks, fostering transparency, accountability, and participatory decision-making within the education system.
The Commission further welcomes the Act’s provisions aimed at promoting linguistic inclusivity in public education, thereby addressing historical inequalities and ensuring that no learner is excluded on the basis of race, socio-economic status, or language. These reforms mark a significant step toward aligning South Africa’s domestic legal and policy frameworks with its regional and international human rights obligations. The Commission recalls its General Comment No. 5 on the Right to Education (Article 17), which affirms the importance of accessibility, acceptability, adaptability, and quality in education systems across the continent.
In light of the above, the Commission:
1. Encourages the Republic of South Africa to sustain its efforts to advance human rights through legal reform with a focus on removing the pervasive inequalities that continue to impede the equal enjoyment of human rights by large number of people as legacies of apartheid; and
2. Urges the South African authorities to ensure the effective and sustained implementation of the BELA Act through adequate resourcing, robust monitoring mechanisms, and the active participation of learners, educators, school governing bodies, and civil society.
The African Commission on Human and Peoples’ Rights Commends South Africa for Advancing the Right to Education through the Basic Education Laws Amendment Act.
The African Commission on Human and Peoples’ Rights (the Commission) welcomes the enactment and entry into force of the Basic Education Laws Amendment Act, 2024 (BELA Act), by the Government of the Republic of South Africa.
The Commission commends the Government of South Africa for this landmark legislative development, which demonstrates the State’s enduring commitment to the realization of the rights guaranteed under the African Charter on Human and Peoples’ Rights (the African Charter), particularly Articles 2, 17, and 18.
In particular, the Commission notes with appreciation the following key reforms introduced by the BELA Act:
· The compulsory inclusion of Grade R, thereby advancing universal and equitable access to early childhood education;
· The formal recognition of South African Sign Language as an official language of instruction, promoting inclusive education and the rights of learners with disabilities;
· The explicit prohibition of corporal punishment and harmful initiation practices, safeguarding the dignity and physical integrity of learners;
· The affirmation of the right to education for undocumented learners, thereby promoting non-discriminatory and inclusive access to schooling;
· The strengthening of school governance frameworks, fostering transparency, accountability, and participatory decision-making within the education system.
The Commission further welcomes the Act’s provisions aimed at promoting linguistic inclusivity in public education, thereby addressing historical inequalities and ensuring that no learner is excluded on the basis of race, socio-economic status, or language. These reforms mark a significant step toward aligning South Africa’s domestic legal and policy frameworks with its regional and international human rights obligations. The Commission recalls its General Comment No. 5 on the Right to Education (Article 17), which affirms the importance of accessibility, acceptability, adaptability, and quality in education systems across the continent.
In light of the above, the Commission:
1. Encourages the Republic of South Africa to sustain its efforts to advance human rights through legal reform with a focus on removing the pervasive inequalities that continue to impede the equal enjoyment of human rights by large number of people as legacies of apartheid; and
2. Urges the South African authorities to ensure the effective and sustained implementation of the BELA Act through adequate resourcing, robust monitoring mechanisms, and the active participation of learners, educators, school governing bodies, and civil society.
Honourable Commissioner Solomon Ayele Dersso, PhD
Country Rapporteur on the Human Rights Situation in the Republic of South Africa African Commission on Human and Peoples’ Rights
