Part II National human rights institutions’ domestic activities and functions
3.8. FOLLOW-UP
NHRIs should establish a dialogue with the relevant authorities to discuss the steps involved in
implementing the report’s recommendations. These steps should be subsequently monitored.
NHRIs should also seek to follow up with, and report back to, indigenous peoples and communities that
participated in the public inquiry.251252
In 2004, following numerous complaints of human rights violations in the
Khomani San (indigenous) community, the South African Human Rights
Commission launched an inquiry.
The inquiry had three key phases:
The initial phase of the inquiry was research conducted by Commission
staff, as well as commissioned researchers where specific expertise was
required. The research was holistic, utilizing a variety of sources and
disciplines.
The second phase was consultations conducted by Commission staff with
the Khomani San community. Cultural sensitivity and ensuring community
confidence were central elements of this phase.
The third phase was a three-day public hearing with the Khomani San
community. The hearing was conducted within the community to facilitate
their participation. Individuals, community organizations, NGOs, other
stakeholders and government agencies all participated in the public
hearing.251
One important outcome of the inquiry was that community members
expressed to the Commission that this was the:
... the first real opportunity they had to articulate the matters that affect
them, which threaten their survival, their culture, their language, their
economic prosperity and their future as a people.252
The inquiry sought to identify systemic and underlying causes of human
rights violations
The inquiry report made a number of recommendations targeted at
various stakeholders and levels of government. Since the inquiry, the
recommendations have become the cornerstone of the Commission’s work
to promote the rights of indigenous peoples in South Africa. Accordingly,
the Commission has taken on a monitoring role, following up progress on
the recommendations and requesting information and update reports from
various government departments.
251
South African Human Rights Commission, Report on the Inquiry into Human Rights Violations in the Khomani San Community
(2004), pp. 9-10, available at: www.sahrc.org.za/home/21/files/Reports/KHOMANI_SAN_ENGLISH_FINAL.pdf.
252
Ibid., p. 4.
Chapter 10: Public inquiries | 97