UN urged to act against South Africa over breach of Solidarity agreement

Solidarity today lodged a formal complaint with the International Labour Organization (ILO) of the United Nations in Geneva, Switzerland, against the South African government. The complaint follows the government’s breach of an agreement reached with Solidarity regarding racial legislation.

The agreement, which was concluded under the supervision of the ILO, stipulated, among other things, that racial laws should be temporary in nature, that no one may be dismissed based on race, that race may not be the sole criterion for appointment to a position, and that skills must be considered.

The agreement further provided that these provisions had to be published as regulations in the Government Gazette.The agreement was made a court order, but the government failed to publish it as regulations and has therefore acted in contempt of court.

According to Dr Dirk Hermann, Chief Executive of Solidarity, the government is not only disregarding the processes of an international body but is also showing contempt for the local courts.

“We are therefore compelled to challenge the government both at the international forum where the agreement was reached and in the local courts. We will hold the government accountable for the agreement reached with Solidarity,” Dr Hermann said.

The agreement followed Solidarity’s lodging of a complaint against the South African government with the ILO in October 2021. The South African government and Solidarity subsequently agreed to mediation under the supervision of the ILO.

The process was mediated by the Commission for Conciliation, Mediation and Arbitration (CCMA) in South Africa from October 2022 to June 2023.

On 28 June 2023, the agreement was signed by the relevant parties. However, the government failed to implement it as was agreed upon.

In its complaint to the ILO, Solidarity points out that international conventions, and the ILO in particular, stipulate that racial laws are to be temporary in nature. Solidarity is also calling for a clear end date to be established.

The complaint further argues that people’s socio-economic circumstances, rather than race, should be considered when assisting.

See the attached complaint.

In addition to the complaint lodged with the ILO, Solidarity is also pursuing legal action in South Africa regarding the contempt of court order.

According to Dr Hermann, this complaint forms part of a broader campaign to free South Africa from racial legislation.

“It is harmful to the economy and harmful to employment. Only a small elite group benefits from South Africa’s racial dispensation,” Dr Hermann said.

Yesterday, the Solidarity Research Institute also released a report titled “Race-Free by 2030”, which sets out a roadmap that South Africa could follow to move away from the current racial dispensation.

Click here to read the report.