open letter on economic, social and cultural rights and austerity measures dated 16 May 2012, which outlines the
requirements that must be met by any proposed policy change or adjustment by States parties in response to the
economic crisis. The State party should also ensure that any measures adopted with a view to stabilizing the current
economic situation do not disproportionately affect the most disadvantaged and marginalized individuals and groups and
ensure, at all times, the protection of the core content of the rights.
9.The Committee is concerned about the persistence of corruption and illicit financial flows in the State party, leading to the draining
of resources and increasing inequalities between geographic regions and social groups (art. 2 (1)).
10. The Committee urges the State party to:
(a) Intensify its efforts to combat corruption and illicit financial flows, as well as to reinforce good governance, by
ensuring that public affairs, in law and in practice, are conducted in a transparent and accountable manner;
(b) Carry out awareness-raising campaigns on the economic and social costs of corruption among politicians, members of
parliament, national and local government officials and the population in general;
(c) Ensure strict enforcement of its anti-corruption legislation, including the Law on Public Probity and the Public
Procurement Law, and sensitize and train judges, prosecutors and the police on the need to combat corruption.
Administration of justice
11.While noting measures undertaken to reform the judiciary, the Committee remains concerned about persisting shortcomings in the
administration of justice, particularly with regard to the independence of the judiciary and the availability of adequate resources, as
well as legal aid and capacity-building. The Committee is also concerned that the State party, together with the other members of the
Southern African Development Community, has removed the right of access of natural and legal persons to the Southern African
Development Community Tribunal (art. 2 (1)).
12. The Committee reiterates its recommendation that the State party intensify its efforts to improve the administration
of justice, in particular regarding access to justice, independence of the judiciary, availability of legal aid, resources
allocated to the justice system and capacity-building. The Committee also recommends that the State party reconsider
its position and take the initiative of promoting the reinstatement of the right of access of natural and legal persons to
the Southern African Development Community Tribunal, with a view to providing the citizens of the member States of
the Community with the right to assert their human rights, including economic, social and cultural rights.
National human rights institution
13.The Committee is concerned that there is still no national human rights institution in the State party that is compliant with the
principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles), as well
as about the limited independence of, and inadequate financial resources allocated to, the Ombudsman’s Office.
14. The Committee recommends that the State party pursue its intention, as expressed during the dialogue, to bring the
Ombudsman’s Office into line with the Paris Principles, ensuring that due attention is given to economic, social and
cultural rights in its mandate, and that the Ombudsman’s Office be given the necessary human and technical resources
to fulfil its mandate. The Committee invites the State party to continue seeking the support of the Office of the United
Nations High Commissioner for Human Rights in this regard.
Data collection
15.The Committee welcomes the fact that a population census was carried out in 2014 as well as State party’s efforts to collect
disaggregated data, among others, on the basis of household surveys. It is concerned, however, that the State party has not provided
sufficiently disaggregated and detailed data in its report or its written replies to the list of issues to allow the Committee to assess the
impact of the measures taken by the State party to give full effect to the provisions of the Covenant (art. 2).
16. The Committee recommends that the State party establish a statistical data collection system to assess the level of
enjoyment of economic, social and cultural rights, in particular by disadvantaged and marginalized individuals and
groups, including persons living in rural areas, internally displaced persons, indigenous peoples and ethnic minorities and
persons with disabilities.
Civil society
17.The Committee is concerned that human rights defenders, including those working on economic, social and cultural rights, as well
as journalists operate under restrictive conditions in the State party and face police and judicial harassment, including arbitrary
detention. The Committee is also concerned that the Presidential Decree on Non-Governmental Organizations (NGOs) of 2015
imposed further and excessive restrictions on the activities of NGOs in the State party.
18. The Committee urges the State party to adopt all measures necessary to protect human rights defenders and
activists, including those working in the area of economic, social and cultural rights, from any act of intimidation and
harassment and to ensure that perpetrators of such acts are brought to justice. The Committee reiterates its previous
recommendation that the State party take immediate steps to ensure that civil society organizations, including those
working on economic, social and cultural rights, enjoy the right to register and function freely. To that end, the State
party is requested to review the Presidential Decree on Non-Governmental Organizations of 2015 with a view to