FSC CNRA ZAF V1 0 EN 2016 01 26

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CENTRALIZED NATIONAL RISK ASSESSMENT FOR SOUTH AFRICA 2015

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Centralized National Risk

Assessment for

South Africa

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Document reference

code:

FSC-CNRA-ZAF V1-0 EN

Approval body:

FSC International Center: Policy and Standards Unit

Date of approval:

17 December 2015

Contact for comments:

FSC International Center

- Policy and Standards Unit -

Charles-de-Gaulle-Str. 5

53113 Bonn, Germany

+49-(0)228-36766-0

+49-(0)228-36766-30

[email protected]

© 2015 Forest Stewardship Council, A.C. All rights reserved.

No part of this work covered by the publisher’s copyright may be reproduced or

copied in any form or by any means (graphic, electronic or mechanical, including

photocopying, recording, recording taping, or information retrieval systems) without

the written permission of the publisher.

Printed copies of this document are for reference only. Please refer to the electronic

copy on the FSC website (ic.fsc.org) to ensure you are referring to the latest version.

The Forest Stewardship Council

®

_{(FSC) is an independent, not for profit,}

non-government organization established to support environmentally appropriate,

socially beneficial, and economically viable management of the world’s forests.

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Risk assessments that have been finalized for South Africa ... 4

Risk designations in finalized risk assessments for South Africa ... 5

Risk assessments ... 6

Controlled wood category 1: Illegally harvested wood ... 6

Overview ... 6

Sources of legal timber in South Africa ... 7

Risk assessment ... 7

Recommended control measures ... 23

Controlled wood category 2: Wood harvested in violation of traditional and human

rights ... 24

Risk assessment ... 24

Recommended control measures ... 24

Detailed analysis ... 25

Controlled wood category 5: Wood from forests in which genetically modified trees

are planted ... 74

Risk assessment ... 74

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Africa

Controlled Wood categories

Risk assessment

completed?

1 Illegally harvested wood

YES

2 Wood harvested in violation of traditional and human

rights

YES

3 Wood from forests where high conservation values are

threatened by management activities

NO

4 Wood from forests being converted to plantations or

non-forest use

NO

5 Wood from forests in which genetically modified trees

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Africa

Indicator Risk designation (including functional scale when relevant) Controlled wood category 1: Illegally harvested wood

1.1 Low risk

1.2 N/A

1.3 Low risk

1.4 Low risk

1.5 N/A

1.6 Low risk

1.7 Low risk

1.8 N/A

1.9 Low risk

1.10 Low risk

1.11 Low risk

1.12 Low risk

1.13 N/A

1.14 N/A

1.15 N/A

1.16 N/A

1.17 N/A

1.18 Low risk

1.19 Low risk

1.20 Low risk

1.21 N/A

Controlled wood category 2: Wood harvested in violation of traditional and human rights

2.1 Low risk

2.2 Low risk

2.3 Low risk

Controlled wood category 3: Wood from forests where high conservation values are threatened by management activities

3.0 3.1 3.2 3.3 3.4 3.5 3.6

Controlled wood category 4: Wood from forests being converted to plantations or non-forest use

4.1

Controlled wood category 5: Wood from forests in which genetically modified trees are planted

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Controlled wood category 1: Illegally harvested wood

Overview

Of South Africa’s forest, 10% is primary forest,

71% is naturally regenerated, and 19% comprises plantations. Commercial forestry in South Africa is based

exclusively on plantation forestry. Since its origins at the beginning of the 1900s, the industry has become well established, with a high level of self-imposed

internal regulation; reflected in over 80% of the commercial forestry area being FSC-certified. Two genera dominate the market, namely Eucalyptus and Pinus

species. Additionally, a fair amount of Acacia mearnsii is planted.

Although this risk assessment covers both natural forests and exotic commercial plantations, the actual situation in the country is such that natural forests are

protected, with no commercial activity and no communities depending on natural forests for their livelihoods.

Ownership of the South African commercial forest area is primarily private. The Department of Agriculture, Forestry and Fisheries owns some 35 000

hec-tares (3%) of a total of some 1,2 million hechec-tares of plantation forestry in South Africa. Ownership of the private forest area can be divided into three

categories: the bulk of the area, owned by private companies; followed by farms planted by commercial farmers; and lastly a very small portion of community

land planted with trees in very small woodlots.

There are no permits required to harvest timber in South Africa. Any landowner has the right to harvest any timber on his land, based on his management

objectives and financial needs. Government regulation of private forests is achieved through the Department of Agriculture, Forestry and Fisheries' field

officials who focus on checking the planted areas on private land with regard to legality issues such as water registration requirements. There is no legislation

requiring the checking of any harvesting activity per se. As mentioned above, natural forests are fully protected in South Africa, with no incentive to harvest

them for commercial purposes on any large scale, as none of the natural wood species is usable or marketable on any significant scale within the commercial

forestry products produced in South Africa. Rather than using wood from natural forests for firewood, local communities use plantation wood and residues.

The list of sources provided in FSC-PRO-60-002a, section 3.3.3, has been reviewed in regards to the national legality risk assessment for South Africa. The

following sources have been used: World Bank Worldwide Governance Indicators and the Transparency International Corruption Perceptions Index. The

remaining sources were determined to be not relevant to the legality risk assessment for South Africa.

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industry has a high level of self-governance with a high level of certification and company due diligence.

Sources of legal timber in South Africa

Forest

classification type Permit/license type

Main license requirements (forest management plan, harvest plan or similar?)

Clarification

Production plantation

N/A No harvesting license

required

All forestry in South Africa is in the form of fast-growing, exotic plantations in commercial operations.

Natural forest A license needs to be obtained to cut, disturb, damage or destroy any indigenous tree in a natural forest. There is no commercial harvesting of any significant scale of natural forests in South Africa.

None A license is required to cut, disturb, damage or destroy any indigenous tree in a natural forest, but these licenses have no bearing on commercial forestry operations in South Africa, which totally exclude natural forests.

Risk assessment

Indicator

Applicable laws and regulations, legal authority, &

legally required documents or records

Sources of Information Risk designation and determination

Legal rights to harvest 1.1 Land

tenure and managem ent rights

Applicable laws and regulations

National Water Act (No. 36 of 1998), specifically Chapter 4

Restitution of Land Rights Act (No. 22 of 1994)

Extension of Security of Tenure Act 62 of 1997 (ESTA), Communal

Land Rights Act 11 of 2004 (CLARA) Interim Protection of Informal Land Rights Act, 1996 (Act No. 31 of Minutes of Unlawful Afforestation Committee meetings

National Water Act (No. 36 of 1998) , specifically: Chapter 4 http://faolex.fao.org/docs/pdf/saf 123836.pdf

Companies Act (No. 71 of 2008), specifically Sections 11–22

Low risk

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legally required documents or records Land Reform (Labour Tenants) (Act No. 3 of 1996)

Prevention of Illegal Eviction from and Unlawful Occupation of Land

Act 19 of 1998

Companies Act (No. 71 of 2008), specifically sections 11–22

Tax Administration Act (No. 28 of 2011), specifically Chapter 3 (sections 22–24) Value-Added Tax Act (No. 89 of 1991), specifically Part III (sections 23–26); also Part A of Schedule 2 relating to Plants (Item 5): Zero-rating

Legal Authority

Department of Water Affairs (DWA) (National Water Act) Department of Trade and Industry Companies and Intellectual Property Commission

South African Revenue Service

Department of Land Affairs (Land tenure) Forestry South Africa

Department of Agriculture, Forestry and Fisheries

Forestry and Fisheries

Institute for Commercial Forestry Research

http://www.justice.gov.za/legislati on/acts/2008-071amended.pdf

Tax Administration Act (No. 28 of 2011), specifically Chapter 3 (Sections 22–24)

Value-Added Tax Act (No. 89 of 1991), specifically Part III (sections 23–26). Also Part A of Schedule 2 relating to Plants (Item 5)

http://tools.sars.gov.za/WebTool s/LNB/sarsLegislation.asp

Stakeholder 1 (Forestry South Africa)

Institute for Commercial Forestry Research

The potential risks in South Africa are as follows: - Disputes of land tenure rights

- Land managers are not operating within a legally registered entity - Lack of tax registration

The introduction of the Restitution Programme in 1995 has contributed to changing patterns of land ownership through the award of 3 million hectares of land, 1,5 million hectares of which have been transferred to persons and communities who qualified for restitution and opted for land restoration. As evidence of enforcement of the Land Reform Programme, the Chief Land Claims Commissioner's 2012/2013 Annual Report recorded that between 1965 and 2013, a total of 77,334 claims were settled. Of these, 71,292 claims (92%) were settled by payment of financial compensation to claimants. The majority of beneficiaries have thus chosen financial compensation as their preferred form of restitution. Had they chosen land restoration, a further 1,992 million hectares would have been awarded to the claimants. The land restitution system in South Africa is accepted by all parties as being a fair and legitimate system and poses no risk in terms of conflict.

South African commercial forestry has a high level of self-imposed, internal regulation, as reflected by the high percentage of FSC-certified plantations in the country today (over 80% of the total forestry area is FSC certified). The non-FSC certified entities apply internal due diligence systems to maintain international levels of responsible forest management.

The larger role players (including some 7% owned and managed by the state) constitute about 76% of the total plantation forestry in the country. Commercial timber farmers manage about 21% of the total area and

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legally required documents or records Department of Rural Development and Land Reform

The Eastern Cape Department of Economic Development and Environmental Affairs

Legally required documents or records

Receipt of payment of water registration fees

Water license

Business registration document (CC or Pty Ltd)

Tax clearance certificate

Receiver of Revenue to provide proof of tax registration

water user.

The only entities potentially posing a risk of non-payment of water registration fees are community forest owners. However, for areas under 10 ha, owners can apply for exemption from registering as a water user, and thus the risk is low.

None of the forests that are today managed either by commercial farmers or forestry companies were created by local communities. Community growers manage about 3% of the total forest by area in South Africa, and small grower cooperatives estimate that more than 95% of all commercial farmers have registered as water users; thus the risk of not being registered and operating without proper tenure rights is considered to be very low. Stream flow reduction activities are carefully monitored by a joint governmental committee – the Stream Flow Reduction Activity License Assessment Advisory Committee (LAAC) – with membership from four Government departments: the Department of Agriculture, Forestry and Fisheries; the Department of Water Affairs; the Department of Rural Development and Land Reform; and the Eastern Cape Department of Economic Development and Environmental Affairs. There is also a sub-committee of LAAC called the Unlawful Afforestation Committee, which is very active and credible in monitoring plantation owners for compliance with their water registration requirements. Credibility of the Unlawful Afforestation Committee is reflected in the support they have within NGO, industry and Government organisations alike; as well as their track record of dealing with water registration issues when they arise. This is reflected in the minutes of Unlawful Afforestation Committee meetings.

Business registration in South Africa is very well policed and enforced by the South African Revenue Service in particular. The evidence of this is the significant increase in the number of registered tax payers - both companies and individuals - since the advent of democracy in South Africa. The South African Revenue Service (SARS) is known for its efficiency and

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The impact of businesses operating illegally and the consequential non-payment of tax – should it occur – would have a small financial impact due to the low tariffs that need to be paid. However, the occurrence is negligible, as stated above.

There is no evidence of transgression of land tenure rights in natural forests. There were no concerns raised with regard to this sub-criterion during consultations with stakeholders and local experts.

There are no significant issues that would constitute specified risk.

Based on the findings of low-scale and manageable impact, it is concluded that the risk in this sub-category is low. 1.2

Concessio n licenses

N/A. There is no legislation relating to forest concessions in South Africa. Legal Authority

N/A

N/A N/A

1.3 Managem ent and harvesting planning

National Forests Act, No. 84 of 1998, specifically Chapter 2

Legal Authority

Department of Agriculture, Forestry and Fisheries (DAFF)

Forestry South Africa Institute for Commercial Forestry Research

National Forests Act (No. 84 of 1998), specifically Chapter 2

http://cer.org.za/wp-content/uploads/2014/02/Nationa l-Forests-Act-84-OF-1998.pdf

www.daff.gov.za/

Low risk

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legally required documents or records There are no specific documents required in the Act.

The forestry industry, as part of its self-regulation, has developed and implemented several rules and guidelines with which the whole industry is expected to comply. These are the following:

- Forest Engineering Guidelines of South Africa - Environmental Guidelines of South Africa - Chainsaw Safety Handbook

- Cable Yarding Handbook - Forest Roads Handbook

However these rules and guidelines are voluntary.

Stakeholders raised no concerns regarding this sub-criterion; and there are no significant issues that would constitute specified risk. The law itself is very general and cannot be enforced. As most forest entities are either FSC-certified (80%) or have implemented industry-specific guidelines, the scale of non-compliance is considered low.

1.4

Harvesting permits

National Forests Act, No. 84 of 1998, Sections 12 and 15

Legal Authority

Single tree permit for a dead or dying tree

National Forests Act (No. 84 of 1998), Section 7

Stakeholder 2 (Department of Agriculture, Forestry and Fisheries)

Low risk

Description of possible risks: Removal of single trees (not in a forest) that are protected in the National Forest Act, also harvesting of natural forests. Evaluation of risk:

Sections 12 and 15 of the National Forests Act list 46 protected trees in South Africa. The Act requires a license to be issued for any tree that is not in a forest and which is to be removed for whatever reason. Such licenses do not relate to forestry. Section 7 of the National Forests Act names 26 forest biomes in South Africa, all of which are fully protected, unless it is in the national or provincial interest to convert such a forest (e.g. the

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South Africa became a democracy), there has been no evidence of dead or dying trees illegally entering the country's commercial timber chain.

There are no significant issues that would constitute specified risk relating to licenses to cut, disturb, damage or destroy any indigenous tree in a natural forest.

Based on the findings, it is concluded that the risk in this sub-category is low. Taxes and fees

1.5 Payment of royalties and harvesting fees

N/A. There is no legislation requiring specific fees to be paid to authorities based on harvesting of forest products. Legal Authority

N/A

N/A N/A

1.6 Value added taxes and other sales taxes

Value-Added Tax Act (No. 89 of 1991), specifically Section 7(1)(a); sections 9–12 Legal Authority

www.sars.gov.za

Value-Added Tax Act (No. 89 of 1991), specifically Section 7(1)(a); Sections 9–12

Stakeholder 3 (accounting firm)

Low risk

The risk posed here is that a company is not registered for VAT and therefore does not pay VAT to the Receiver of Revenue.

Evaluation of risk:

Business registration in South Africa is very well policed and enforced by the South African Revenue Service (SARS) in particular. The evidence of this is the significant increase in the number of registered tax payers – both companies and individuals – since the advent of democracy in South Africa in 1994. SARS is known for its efficiency and effectiveness in revenue collection across the country. It is not possible to acquire a tax clearance certificate if a company's tax affairs are not 100% up-to-date and in order. The risk in terms if scale is thus negligible as the occurrence is very improbable in the South African business environment.

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medium and large companies will not register for VAT. Furthermore, small companies are exempted from registering and therefore charging VAT on their invoices.

No stakeholders raised concerns regarding this criterion. There are no significant issues that would constitute specified risk.

Based on the findings of low scale and manageable impact, it is concluded that the risk in this sub-category is low.

1.7 Income and profit taxes

Income Tax Act (No. 58 of 1962), specifically Section 12B First Schedule – paragraphs 12(1)(g), 14, 15

Legal Authority

South African Revenue Service (SARS) website:

www.sars.gov.za/

Income Tax Act (No. 58 of 1962), specifically: Section 12B First Schedule, paragraphs 12(1)(g), 14, 15

Business Anti-corruption Portal – Country Profile: South African Tax

Low risk

Description of possible risks:

The risk posed here is that a company does not pay the income tax it is legally obliged to pay to the Receiver of Revenue.

Evaluation of risk:

- Scale: Tax collection systems in South Africa are considered robust and well-implemented. Despite a CPI of 42 (below the threshold of 50), tax officials are considered to be relatively uncorrupt (Business Anti-Corruption Portal: http://www.business-anti-corruption.com). This subject was discussed during stakeholder consultations, as part of the process to develop the CNRA, with all stakeholders consulted confirming compliance. SARS is known for its ability to police and enforce tax collection. The evidence of this is the significant increase in the number of registered tax payers – both companies and individuals – since the advent of democracy in South Africa. The South African Revenue Service (SARS) is known for its efficiency and effectiveness in revenue collection across the country. It is not possible to acquire a tax clearance certificate if a company's tax affairs are not 100% up-to-date and in order. Further consultation about this issue was carried out with the Operations Director of Forestry South Africa who confirmed the above. The risk in terms of scale is thus negligible as the occurrence is very improbable in the South African business environment.

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Stakeholders raised no concerns regarding this sub-criterion.

There are no significant issues that would constitute specified risk. Based on the findings of low scale and manageable impact, it is concluded that the risk is low in this sub-category.

Timber harvesting activities

1.8 Timber harvesting regulations

Not applicable

The National Forests Act, Chapter 2, requires that responsible forest

management is adhered to and that the general principles of forest management are thus complied with; however these principles are not specified in the legislation and there is no definition of responsible forest management for the company to comply with.

Legal Authority

N/A. The National Forests Act does not specify any required documents.

National Forests Act (No. 84 of 1998), Chapter 2

N/A

The National Forests Act requires that responsible forest management is adhered to and that the general principles of forest management are thus complied with; however these principles are not specified in the legislation and there is no definition of responsible forest management for the company to comply with.

The forestry industry, as part of its self-regulation, has developed and implemented several rules and guidelines with which the whole industry is expected to comply. These are the following:

- Forest Engineering Guidelines of South Africa - Environmental Guidelines of South Africa - Chainsaw Safety Handbook

- Cable Yarding Handbook - Forest Roads Handbook

However these rules and guidelines are voluntary. The law itself has no specific requirements.

As commercial forestry is exclusively based on plantation forestry, the impact of not complying with the general statement of the National Forests Act will be over-cutting of plantation forestry areas.

Natural forest areas (not commercial forestry) are mostly under the control of the National Parks Board and the Department of Agriculture, Forestry and Fisheries (DAFF).

1.9 Protected

Applicable laws and regulations https://www.environment.gov.za/l egislation/actsregulations

Low risk

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legally required documents or records sites and

species

National Environmental Management Act (No. 107 of 1998) (NEMA), specifically Section 24(2)(a) or (b)

National Environmental Management: Biodiversity Act (No. 10 of

2004), specifically Chapters 3, 4, 5 and 7 National Environmental Management: Protected Areas Act (No. 57 of 2003), specifically Chapters 2, 3 and 4 National Forests Act (No. 84 of 1998), Chapter 3, Part 1 and Part 3

National Heritage Resources Act No. 25 of 1999

Legal Authority

Department of Environmental Affairs Department of Agriculture, Forestry and Fisheries - protection of trees

The South African Heritage Resources Agency (SAHRA)

Environmental authorisation from the

Department of Environmental Affairs

National Environmental Management Act (No. 107 of 1998) (NEMA), specifically (No. 10 of 2004), specifically Chapters 3, 4, 5 and 7

2003), specifically chapters 2, 3 and 4

https://www.environment.gov.za/ sites/default/files/gazetted_notic es/nempaa_actno57of2003_prot ectedareas.pdf

National Forests Act (No. 84 of 1998), Chapter 3, Part 1 and Part 3 http://cer.org.za/wp-content/uploads/2014/02/Nationa l-Forests-Act-84-OF-1998.pdf

not comply with legal requirements related to protecting sensitive sites during harvesting operations.

Evaluation of risk:

- Scale: South African commercial forestry is based exclusively on plantation forestry, with a high level of self-regulation, as reflected by the high percentage of FSC-certified plantations in the country today (over 80% of the total forestry area is FSC-certified). The 20% uncertified plantations are by and large managed by forestry companies with strong governance systems in place as well as commercial farmers who are known for their legally compliant forest operations.

The requirements stipulated in industry guidelines go beyond the law, but reflect the industry commitment to manage forest resources in a responsible manner.

The forestry industry voluntarily signed a memorandum of understanding (MOU) with the government regarding the implementation of Wetland Delineation Guidelines developed by the Department of Water Affairs and Forestry in 2008, entitled Updated Manual for the Identification and Delineation of Wetlands and Riparian Areas. Self-governance and government enforcement have led – over the past 20 years – to the

expansion of unplanted, protected areas (buffer zones) in the South African forestry industry, from about 10% to 30% of the total area managed or owned as forestry land (reference: Forestry South Africa).

Impact: Commercial forestry is based exclusively on plantation forestry, and the impact of not complying with the protection of sensitive areas can lead to a reduction in available water resources and adversely affect biodiversity in some areas.

In the case of natural forests, harvesting is prohibited, with the exception of limited cutting occurring in the southern Cape area; an activity strictly managed by the National Parks Board. None of this harvested wood enters the traditional commercial forestry domain. No stakeholders raised concerns regarding this criterion and the risk is considered low.

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Grave sites may be found from time to time during forestry operations. The South African Environmental Guidelines require that local communities be consulted, with grave sites to be managed in cooperation with them; thus protection measures are developed by the relevant community. All

companies record such grave sites internally on their GIS systems. Due to the close interaction between forestry operations and communities in the event of grave sites being found and maintained, there are no records and no other evidence of disputes in this regard in South Africa. The risk is negligible.

Based on the findings of low scale and manageable impact, it is concluded that the risk in this sub-category is low.

1.10 Environme ntal requireme nts

National Environmental Management Act (No. 107 of 1998) (NEMA), specifically Section 24(2)(a) or (b)

http://www.saflii.org/za/legis/consol_act/ne ma1998331.pdf

National Forests Act (No. 84 of 1998), specifically Section 3

Conservation of Agricultural Resources Act, No. 43 of 1983, specifically Sections 8.1 and 18.1

Legal Authority

Department of Environmental Affairs Legally required documents or records

Water registration certificate

https://www.environment.gov.za/l egislation/actsregulations

Updated Manual for the

Identification and Delineation of Wetlands and Riparian Areas: https://www.dwaf.gov.za/Docum ents/Other/EnvironRecreation/w etlands/DRAFT_3_Wetland%20 and%20Riparian%20Delineation %20Guidelines%202008.pdf

Low risk

The stated legislation under the National Environmental Management Act defines when EIAs are required and how they should be

effected. The stated legislation under the National Forests Act defines how (unplanted) buffer zones should be implemented in wetlands and water courses. There is a risk that forestry companies do not comply with EIA requirements and/or do not maintain buffer zones as stipulated in the National Forests Act.

The forestry industry voluntarily signed a memorandum of understanding (MOU) with the government regarding the implementation of Wetland Delineation Guidelines developed by the Department of Water Affairs and Forestry in 2008, entitled Updated Manual for the Identification and Delineation of Wetlands and Riparian Areas. Self-governance and government enforcement have led – over the past 20 years – to the

expansion of unplanted, protected areas (buffer zones) in the South African forestry industry, from about 10% to 30% of the total area managed or owned as forestry land, (reference: Forestry South Africa).

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exception of limited cutting occurring in the southern Cape area; an activity strictly managed by the National Parks Board. No stakeholders raised concerns regarding this criterion. There are no

significant issues that would constitute specified risk.

Based on the findings that the scale of non-compliance is negligibly small and the impact is not significant, it is concluded that the combined risk in this sub-category is considered low.

1.11 Health and safety

Occupational Health and Safety Act (No. 85 of 1993), specifically Section 7 Legal Authority

Department of Labour

N/A

Occupational Health and Safety Act (No. 85 of 1993)

http://www.saflii.org/za/legis/num _act/ohasa1993273/

Low risk

Description of possible risks:

The Occupational Health and Safety Act (OHSA) defines the legislative requirements related to health and safety in the South African working environment. There is a risk that forestry companies will not comply with health and safety requirements stipulated in the OHSA.

Evaluation of risk:

- Scale: South African commercial forestry has a high level of self-regulation, as reflected by the high percentage of FSC-certified plantations in the country today (over 80% of the total forestry area is FSC-certified). The 20% of uncertified plantations are managed by and large by forestry companies and commercial farmers, who (according to stakeholder interviews) have very strong governance systems in place. There is a strong safety culture in South Africa, with all large forestry companies demonstrating a zero

tolerance towards unsafe forestry practices on their land..

All companies keep an internal record of their accident statistics. The industry norm for managing accidents is the Disabling Injury Frequency Rate (DIFR), but these figures are not collected within a centralised database. Fatalities and injuries leading to hospitalisation need to be reported to the Department of Labour, which then investigates these incidents.

Stakeholders raised no concerns regarding this criterion. There are no significant issues that would constitute specified risk.

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member of the forestry industry not applying the requirements regarding H&S as stipulated in the OHSA.

1.12 Legal employme nt

Basic Conditions of Employment Act (No. 75 of 1997), specifically Chapters 3, 4, 5 and 6

Employment Equity Act (No. 55 of 1998), specifically Chapters 2 and 3

Labour Relations Act (No. 66 of 1995), specifically Chapters 2, 3,

4, 5, 6, 7 and 8 Legal Authority

Department of Labour

Payroll of companies www.labour.gov.za/

www.labour.gov.za/

Annual Reports of the Department of Labour:

Basic Conditions of Employment Act (No. 75 of 1997), specifically Chapters 3, 4, 5 and 6

Employment Equity Act (No. 55 of 1998), specifically Chapters 2 and 3

Labour Relations Act (No. 66 of 1995), specifically Chapters 2, 3, 4, 5, 6, 7 and 8

http://www.labour.gov.za/DOL/le

Low risk

South Africa has labour legislation that exceeds the requirements stipulated by the ILO. The Labour law is well implemented and functioning throughout the South African working environment. Strong unions ensure that all

businesses in South Africa remain compliant; and a company cannot prohibit its employees from joining a union. Furthermore, the Department of Labour investigates all accidents and imposes penalties where a company is found to be negligent.

Stakeholders raised no concerns regarding this criterion.

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gislation/acts/labour-relations/labour-relations-act

Stakeholder consultation meetings and interviews

Third parties’ rights

1.13 Customary rights

N/A. There is no legislation in South Africa covering customary rights in forests. Legal Authority

N/A

N/A N/A

1.14 Free prior and informed consent

N/A. There is no legislation in South Africa covering 'free, prior and informed consent' in connection with transfer – to the

organisation in charge of the harvesting operation ¬ of forest management rights and customary rights.

Legal Authority

N/A

N/A N/A

1.15 Indigenous Peoples rights

N/A. There are no Indigenous Peoples in the forest areas of South Africa.

Legal Authority

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legally required documents or records N/A

N/A

Trade and transport

1.16 Classificati on of species, quantities, qualities

N/A. There are no requirements relating to classification of species, quantities and qualities in South Africa.

Legal Authority

N/A

N/A N/A

1.17 Trade and transport

N/A. No trading permits or transport documents are required by law to transport wood in South Africa. Legal Authority

N/A

N/A N/A

1.18 Offshore trading and transfer pricing

Income Tax Act, 1962 (Act 58 of 1962), Section 31

2010 Taxation Laws Amendment Act (TLAA),

Relevant websites: * export permit:

http://www.services.gov.za/servi ces/content/Home/OrganisationS ervices/exportpermit/Exportpermi ts/en_ZA

* import permit:

http://www.services.gov.za/servi

Low risk

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legally required documents or records http://www.gov.za/sites/www.gov.za/files/a 7_2010.pdf

Legal Authority

South African Revenue Service (SARS) Legally required documents or records

Yearly tax assessments

- Practice Note 7/1999

World Transfer Pricing 2014, International Tax Review:

Transfer Pricing Country Profile ¬ South Africa

http://www.oecd.org/ctp/transfer-pricing/SouthAfrica_TPCountryP rofile_Jan2013.pdf

different from what would be reported. Companies that do not comply with the requirements of off-shore trading will have adjustment to their taxable income. Refer

http://download.pwc.com/ie/pubs/2012_international_transfer_pricing.pdf

The South African Revenue Service (SARS) has been furnished with greater powers under the Tax Administration Act; and increased audit activity – across all industries – by experts within SARS' specialist Transfer Pricing Unit has been observed as a result. SARS is actively auditing taxpayers on their transfer pricing and has indicated that it will place greater scrutiny on multinationals with connected-party entities; the organisation has a strict requirement for documentation and supporting evidence. However SARS is experiencing a resource issue, with protracted audit outcomes.

Furthermore, when transactions take place in African countries lacking a transfer pricing regime, it is unlikely that mutual agreement procedures will mitigate illegal transfer pricing.

South Africa is not a member of the OECD, but has exchange of information relationships with 119 jurisdictions through 78 Double Taxation Conventions (DTCs), 17 Tax Information Exchange Agreements (TIEAs) and 1

multilateral mechanism (http://www.eoi-tax.org/jurisdictions/ZA#agreements). The introduction of the amendments in 2012 has led to stricter regulations on transfer pricing. There are still challenges, but consultation with relevant stakeholders raised no issues in the South African forestry sector, with the regulation being well-audited. Thus the indicator is considered to be of low risk.

1.19 Custom regulations

Customs and Excise Act (No. 91 of 1964) – Tariff Classification Guideline

Relevant websites:

Customs and Excise Act (no. 91 of 1964)

– Tariff Classification guideline http://www.vertic.org/media/Natio nal%20Legislation/South_Africa/ ZA_Customs_Excise_Act_1964. pdf

Low risk

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legally required documents or records * import permit:

South African Revenue Service International Trade Administration Commission (ITAC)

Export documentation (SARS confirmation letter of Customs Client Number)

Bill of loading - Impact: If an export permit were absent, there would be no impact on

pricing or value.

Stakeholders raised no concerns regarding this criterion.

There are no significant issues that would constitute specified risk. Based on the findings of low scale and low impact, it is concluded that the risk is low in this sub-category

1.20 CITES

NEMA – National Environmental

Management: Biodiversity Act (10/2004): Convention on International Trade in Endangered Species (CITES) Regulations South Africa

Legal Authority

The national Minister responsible for environmental affairs is the National Management Authority for CITES-related activities.

CITES export/re-export permit

NEMA – National Environmental Management: Biodiversity Act

Export: No woody timber species produced in South Africa are listed on the CITES lists and the risk is therefore considered low.

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endangered-species-cites- regulations-gazette-33002-9240-volume-537-south-africa.html

Diligence/due care procedures

1.21 Legislation requiring due diligence/d ue care procedure s

N/A. There is no legislation relating to due diligence/due care pertaining to wood and timber in South Africa.

Legal Authority

N/A

N/A N/A

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Risk assessment

Indicator Sources of

Information Functional scale Risk designation and determination 2.1. The forest sector is not associated

with violent armed conflict, including that which threatens national or regional security and/or linked to military control.

See “Detailed

analysis”, below. Country Low risk _{All low risk thresholds (1, 2, 3, 4 and 5) are met and there is no other evidence of} specified risk. None of the specified risk thresholds are met.

2.2. Labour rights are respected including rights as specified in ILO Fundamental Principles and Rights at work.

See “Detailed

analysis”, below. Country Low risk _{The low risk thresholds 10 and 12 apply.}

2.3. The rights of Indigenous and Traditional Peoples are upheld.

See “Detailed

analysis”, below. Country Low risk _{The low risk threshold 16 applies.}

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Sources of information Evidence Scale of risk

assessment

Risk indication1 Context

(the following are indicators that help to contextualize the information from other sources)

 Searching for data on: level of corruption, governance, lawlessness, fragility of the State, freedom of journalism, freedom of speech, peace, human rights, armed or violent conflicts by or in the country, etc.

World Bank: Worldwide Governance Indicators - the WGIs report aggregate and individual governance

indicators for 215 countries (most recently for 1996–2012), for six dimensions of governance: Voice

and Accountability; Political Stability and Absence of Violence; Government Effectiveness; Regulatory

Quality; Rule of Law; Control of Corruption

http://info.worldbank.org/governance/wgi/index.aspx#home

http://info.worldbank.org/governance/wgi/index.aspx#reports (click on table view tab and select Country)

In 2012 (latest available year) South Africa scores between 44.08 (for Political Stability and Absence of Violence) and 65.40 (for Voice and Accountability on the percentile rank among all countries for all six dimensions (the scores range from 0 (lowest) to 100 (highest) rank) with higher values corresponding to better

outcomes).

country

World Bank Harmonized List of Fragile Situations:

http://siteresources.worldbank.org/EXTLICUS/Resources/511777-1269623894864/FY15FragileSituationList.pdf

South Africa does not feature on this list. country

Committee to Protect Journalists: Impunity Index

CPJ's Impunity Index calculates the number of unsolved journalist murders as a percentage of each country's population. For this index, CPJ examined journalist murders that occurred between January 1, 2004, and December 31, 2013, and that remain unsolved. Only those nations with five or more unsolved cases are included on this index.

http://cpj.org/reports/2014/04/impunity-index-getting-away-with-murder.php

South Africa does not feature on this list.

http://cpj.org/blog/2014/05/south-africas-new-communications-ministry-causes-c.php [May 30, 2014]

“South Africa's new communications ministry causes concern

Freedom of expression advocates in South Africa are concerned that the new Ministry of Communications, announced by President Jacob Zuma when he unveiled his cabinet on May 25, will compromise the independence of the public broadcaster and serve as a propaganda office.[…]”

country

Carleton University: Country Indicators for Foreign Policy: the Failed and Fragile States project of Carleton University examines state fragility using a combination of structural data and current event monitoring

http://www4.carleton.ca/cifp/ffs.htm

http://www4.carleton.ca/cifp/app/serve.php/1419.pdf

South Africa scores medium-low on State fragility map 2011.

country

Human Rights Watch: http://www.hrw.org http://www.hrw.org/world-report/2014/country-chapters/south-africa “South Africa continues to struggle with the legacy of apartheid and the challenges relating to addressing increasing demands from its citizens for the realization of economic and social rights as well as respect for fundamental civil and political freedoms. Although the government has been relatively successful in

country

1_{A risk indication is provided for each source analyzed, except in the first part that addresses the general country context as that is not a risk indicator. A cumulative risk assessment for each}

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effective and efficient delivery of social and economic services.

Growing disaffection with local government, increasing poverty levels, and unemployment contributed to a resurgence of threats of violence against, and attacks on, property belonging to refugees, asylum-seekers, and migrants in the Eastern Cape and Gauteng provinces.”

“[…] Serious concerns remain about the ongoing conduct and capacity of the South African Police Services (SAPS), both in terms of the use of force in general, as well as the ability to deal with riots in a rights-respecting manner.”

“[…] The controversial Protection of State Information Bill (the Secrecy Bill) remains a major concern in light of its restrictions on freedom of expression, freedom of information, press freedom, and democratic accountability. The bill,

introduced in March 2010, has been criticized as inconsistent with South Africa’s

constitution and international human rights obligations.” “Women’s Rights

The controversial Traditional Court’s Bill that was withdrawn from parliament in 2012 went through a new consultation process during the first half of 2013. Following public hearings on the draft bill, the government sent the report of the

consultation to South Africa’s nine provinces to determine whether they supported the bill. The bill has been criticized for giving traditional leaders the authority to

enforce controversial versions of customary law that infringe upon women’s rights

such as the practice of ukutwala (forced marriage), as well as discriminatory social and economic practices, such as denial of access to land, and inheritance.” US AID: www.usaid.gov

Search on website for [country] + ‘human rights’ ‘conflicts’ ‘conflict timber’

For Africa and Asia also use:

http://pdf.usaid.gov/pdf_docs/pnact462.pdf

http://www.usaid.gov/sites/default/files/documents/1860/DRG%20Portfolio.pdf “USAID works with the South African Government to address the crisis of rape and gender based violence.”

Conflict Timber: Dimensions of the Problem in Asia and Africa, Volume I Synthesis Report

No specified risk information found on South Africa

country

Global Witness: www.globalwitness.org

Search on website for [country] +‘human rights’ ‘conflicts’ ‘conflict timber’

No information found on specified risks after searching South Africa + ‘human

rights’ ‘conflicts’ ‘timber conflicts’ country

WWF report: Failing the Forests; Europe’s illegal timber trade. (2005)

http://www.wwf.se/source.php/1120070/FailingForests.pdf

No information found on South Africa country

http://wwf.panda.org/about_our_earth/about_forests/deforestation/forest_i llegal_logging/

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with rank nr. 1 being the most clean country. Chattam House Illegal Logging Indicators Country Report Card

http://www.illegal-logging.info

http://www.illegal-logging.info/content/conservation-groups-launch-new-whistleblower-site-wildlife-and-forest-crimes

“Last year over 1,000 rhinos were slaughtered for their horns in South Africa alone by poachers,[…]”

http://www.illegal-logging.info/content/namibia-moratorium-timber-be-lifted “[…] New Era understands that the illegal logging activities take place inland during the day, and after the timber has been processed it is loaded onto trucks at night and transported out of the region. On Tuesday, New Era approached three men arranging sawn timber along the Trans-Caprivi Highway about 180

kilometres east of Rundu. The men said the timber was imported from a village in southern Angola and destined for markets in South Africa.”

http://www.illegal-logging.info/content/drones-are-changing-face-conservation “Several major game reserves in South Africa are already using fixed-wing drones to monitor poachers and others are expected to follow. "We bought the equipment to try and combat rhino poaching before they are all gone," said the businessman Anton Kieser, after three rhinos were killed in the Kariega game reserve. "It is a big investment, but is also well worth it – we want to use drone technology to position ourselves at the forefront of the fight against rhino poaching."”

Amnesty International Annual Report: The state of the world’s human

rights -information on key human rights issues, including: freedom of expression; international justice; corporate accountability; the death penalty; and reproductive rights

http://files.amnesty.org/air13/AmnestyInternational_AnnualReport2013_complete_ en.pdf (p. 239-242)

“Police use of excessive force against protesters, suspected extrajudicial executions and torture triggered national concern and some steps were taken towards accountability. Discrimination and targeted violence against asylum-seekers and refugees and barriers to accessing the asylum system increased. Progress was slow in addressing systematic hate-motivated violence

based on victims’ sexual orientation or gender identity. Despite continued expansion in access to treatment and care for people living with HIV, HIV-related infections remained the main cause of maternal deaths. Human rights defenders remained at risk of harassment and violence.”

“[…]Significant court rulings upheld human rights and protected the independence of the prosecution service. There were widespread strikes in the mining and farming sectors and protests in poor urban communities over local government corruption, failures in education and other services and working

conditions.In October, the government released national census data, which revealed continuing significant racial disparities in household incomes and rates of employment. [...]”

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48,003 cases of rape from April 2011 to March 2012.”

Freedom House http://www.freedomhouse.org/ http://www.freedomhouse.org/report-types/freedom-world#.U-3g5fl_sVc

The status of South Africa on the Freedom in the World index is ‘free’.

http://www.freedomhouse.org/report-types/freedom-net#.U-3hUvl_sVc

The status of South Africa on the Freedom of the Net is ‘free’.

http://www.freedomhouse.org/report-types/freedom-press#.U-3hkvl_sVc

The status of South Africa on the Freedom on the Press is ‘partly free’.

country

Reporters without Borders: Press Freedom Index 2013: http://en.rsf.org/spip.php?page=classement&id_rubrique=1054 South Africa ranks nr. 52 out of 179 with a score of 24,56 on the 2013 World Press Freedom Index, which ranks it among the countries with better press freedom in the world.

“There is no comparison with South Africa (52nd, -10), where freedom of information is a reality. It still has a respectable ranking but it has been slipping steadily in the index and, for the first time, is no longer in the top 50. Investigative journalism is threatened by the Protection of State Information Bill.

country

Fund for Peace - Failed States Index of Highest Alert - the Fund for Peace is a US-based non-profit research and educational organization that works to prevent violent conflict and promote security. The Failed States Index is an annual ranking, first published in 2005, of 177 nations based on their levels of stability and capacity

http://www.fundforpeace.org/global/?q=cr-10-99-fs

In 2014 the FFP changed the name of the Failed State Index to the Fragile State Index:

http://ffp.statesindex.org/rankings-2013-sortable

South Africa is ranked 113 out of 178 countries on the failed states index. (no. 1 being the most failed state). This just ranks South Africa in the category ‘warning’,

close to ‘stable’.

country

The Global Peace Index. Published by the Institute for Economics & Peace, This index is the world's leading measure of national

peacefulness. It ranks 162 nations according to their absence of violence. It's made up of 23 indicators, ranging from a nation's level of military expenditure to its relations with neighbouring countries and the level of respect for human rights.

Source: The Guardian:

http://economicsandpeace.org/research/iep-indices-data/global-peace-index

http://www.visionofhumanity.org/sites/default/files/2014%20Global%20Peace%20I ndex%20REPORT.pdf

The state of Peace in South Africa is labelled ‘Medium’ with South Africa ranking number 122 out of 162 countries with a score of 2.364. (p. 5)

South Africa [..] is not engaged in armed conflict with any of its neighbours, and has no active secessionist movements. Despite this, it is categorically not a peaceful state: a poor score on the ease of access to weapons indicator and a

“shoot first, ask questions later”” mentality among some sections of society, has

contributed to very high rates of extreme violence. […] At the heart of the issue is

poverty and persistent inequality.” p. 31)

country

Additional sources of information (These sources were partly found by Googling the terms '[country]', 'timber', 'conflict', 'illegal logging')

Evidence Scale of risk

assessment

Risk indication

no other sources found

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South Africa scores medium on most indicators reviewed in this section on the country context, such as in relation to peace, governance and absence of corruption with better scores for freedom and press freedom. Serious human rights issues are reported mainly in relation to use of excessive force by the police, violence against asylum-seekers and refugees, violence based on victims’ sexual orientation or gender identity and high levels of sexual violence against women, while human rights defenders also remained at risk of harassment and violence. No specific information found on a relation between these human rights issues and the forestry sector. Local government corruption, poverty and persistent inequality cause great concern.

Indicator 2.1. The forest sector is not associated with violent armed conflict, including that which threatens national or regional security and/or linked to military control. Guidance

 Is the country covered by a UN security ban on exporting timber?

 Is the country covered by any other international ban on timber export?

 Are there individuals or entities involved in the forest sector that are facing UN sanctions? Compendium of United Nations Security Council Sanctions Lists

http://www.un.org/sc/committees/list_compend.shtml

There is no UN Security Council ban on timber exports from South Africa. South Africa is not covered by any other international ban on timber export. There are no individuals or entities involved in the forest sector in South Africa that are facing UN sanctions.

country low risk

US AID: www.usaid.gov

Global Witness: www.globalwitness.org

From national CW RA not available

Guidance

 Is the country a source of conflict timber? If so, is it at the country level or only an issue in specific regions? If so – which regions?

 Is the conflict timber related to specific entities? If so, which entities or types of entities? www.usaid.gov

Conflict Timber is defined by US AID as:

- conflict financed or sustained through the harvest and sale of timber (Type 1),

- conflict emerging as a result of competition over timber or other forest resources (Type 2)

Also check overlap with indicator 2.3

No information on conflict timber related to South Africa found. country low risk

www.globalwitness.org/campaigns/environment/forests No information on conflict timber related to South Africa found. country low risk Human Rights Watch: http://www.hrw.org/ No information on conflict timber related to South Africa found. country low risk World Resources Institute: Governance of Forests Initiative Indicator

Framework (Version 1)

http://pdf.wri.org/working_papers/gfi_tenure_indicators_sep09.pdf

Now: PROFOR

http://www.profor.info/node/1998

This work resulted in a publication: Assessing and Monitoring Forest Governance: A user's guide to a diagnostic tool (available on this page) published by PROFOR in June 2012. This tool has not yet been applied to South Africa.

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expression; international justice; corporate accountability; the death penalty; and reproductive rights

http://amnesty.org/en/annual-report/2013/

World Bank: Worldwide Governance Indicators - the WGIs report aggregate and individual governance

indicators for 213 economies (most recently for 1996–2012), for six dimensions of governance: Voice

and Accountability; Political Stability and Absence of Violence; Government Effectiveness; Regulatory

Quality; Rule of Law; Control of Corruption

http://info.worldbank.org/governance/wgi/index.aspx#home

Use indicator 'Political stability and Absence of violence' specific for indicator 2.1

http://info.worldbank.org/governance/wgi/index.aspx#reports

In 2012 (latest available year) South Africa scores on the indicator political stability and absence of violence place 44.08 on the percentile rank among all countries (ranges from 0 (lowest) to 100 (highest) rank) with higher values corresponding to better outcomes.

country specified risk

Greenpeace: www.greenpeace.org

Search for 'conflict timber [country]'

No information on conflict timber in South Africa found. country low risk CIFOR: http://www.cifor.org/

http://www.cifor.org/publications/Corporate/FactSheet/forests_conflict.htm

Forests and conflict

Illegal forestry activities and poor governance in tropical forested regions are two factors which can encourage violent conflict. Widespread violence in turn makes forestry and conservation policies in forested areas less effective.

The scope of the problem

There are currently violent conflicts in forested regions in Colombia, Côte D'Ivoire, Democratic Republic of the Congo, India, Indonesia, Liberia, Mexico, Myanmar, Nepal, Philippines, Sierra Leone, Solomon Islands, Sudan, and Uganda. In the past twenty years there have also been violent conflicts in the forested regions of Angola, Burundi, Cambodia, Central African Republic, Guatemala, Mozambique, Nicaragua, Peru, Republic of Congo, Rwanda, and Surinam. Together these countries account for about 40 percent of the world's tropical forest and over half of all tropical forest outside Brazil.

Timber incomes have financed violent conflict in Cambodia, Democratic Republic of Congo, Indonesia, Liberia, Myanmar, Sierre Leone, and other countries. While Illicit drugs are widespread in the forested regions of Bolivia, Colombia, Laos, Myanmar, and Peru.

South Africa not mentioned

country low risk

Google the terms '[country]' and one of following terms or in combination 'conflict timber', 'illegal logging'

http://www.bbc.com/news/world-africa-14094760

“Many South Africans remain poor and unemployment is high - a factor blamed for a wave of violent attacks against migrant workers from other African countries in 2008 and protests by township residents over poor living conditions during the summer of 2009.”

http://en.wikipedia.org/wiki/List_of_conflicts_in_Africa#South_Africa

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http://en.wikipedia.org/wiki/South_African_Border_War

“The South African Border War, commonly referred to as the Angolan Bush War in South Africa, was a conflict that took place from 1966 to 1989 largely in

South-West Africa (now Namibia) and Angola between South Africa and its allied forces (mainly the National Union for the Total Independence of Angola, UNITA) on the one side and the Angolan government, South-West Africa People's Organisation (SWAPO), and their allies (mainly Cuba) on the other.”

http://www.studentpulse.com/articles/401/identity-in-conflict-race-and-violent-crime-in-south-africa-in-the-context-of-contemporary-insurgencies

“Violent crime is a major security issue in South Africa. The South African Police Service (SAPS) claims that 112,982 people were murdered in the six years between 2003/2004 and 2008/2009, compared with the civilian death toll during the war in Iraq from March 2003 to March 2009 of between 90,892 and 99,242

(www.iraqbodycount.org, 2009).”

http://www.illegal-logging.info/sites/default/files/uploads/LIFEASCOMMERCECERTIFICATION.pdf

[October 2008]

“While we are told that 80% of South Africa’s legally produced wood has been certified, and this is mostly destined for export markets, it creates a situation where local demand has to be met by wood from illegal plantations.”

From national CW RA not available - -

Conclusion on indicator 2.1:

Although information was found on high levels of violence in South Africa this cannot be classified as “armed conflicts”. Furthermore, no information on conflict timber was found.

The following low risk thresholds apply:

(1) The area under assessment is not a source of conflict timber2_{; AND}

(2) The country is not covered by a UN security ban on exporting timber; AND (3) The country is not covered by any other international ban on timber export; AND

(4) Operators in the area under assessment are not involved in conflict timber supply/trade; AND

(5) Other available evidence does not challenge ‘low risk’ designation.

country low risk

Indicator 2.2. Labour rights are respected including rights as specified in ILO Fundamental Principles and Rights at work.

Guidance

2“Conflict timber” limited to include “timber that has been traded at some point in the chain of custody by armed groups, be t_{hey rebel factions or regular soldiers, or by a civilian}

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 Is there evidence confirming absence of compulsory and/or forced labour?

 Is there evidence confirming absence of discrimination in respect of employment and/or occupation, and/or gender?

 Is there evidence confirming absence of child labour?

 Is the country signatory to the relevant ILO Conventions?

 Is there evidence that any groups (including women) feel adequately protected related to the rights mentioned above?

 Are any violations of labour rights limited to specific sectors?

general sources from FSC-PRO-60-002a V1-0 EN information found and specific sources scale of risk assessment

risk indication

Status of ratification of fundamental ILO conventions:

http://www.ilo.org/dyn/normlex/en/f?p=1000:11001:0::NO:: or use: ILO Core Conventions Database:

http://www.ilo.org/ilolex/english/docs/declworld.htm

C29 Forced Labour Convention, 1930

C87 Freedom of Association and Protection of the Right to Organise Convention, 1948

C98 Right to Organise and Collective Bargaining Convention, 1949 C100 Equal Remuneration Convention, 1951

C105 Abolition of Forced Labour Convention, 1957

C111 Discrimination (Employment and Occupation) Convention, 1958 C138 Minimum Age Convention, 1973

C182 Worst Forms of Child Labour Convention, 1999

Ratification as such should be checked under category 1. In cat. 2 we take that outcome into consideration. Refer to it.

http://www.ilo.org/dyn/normlex/en/f?p=1000:11200:0::NO:11200:P11200_COUNT RY_ID:102888

South Africa ratified all 8 fundamental ILO conventions.

country low risk

ILO Declaration on Fundamental Principles and Rights at Work. Country reports.

http://www.ilo.org/declaration/lang--en/index.htm

Source of several reports. Search for 'racial discrimination', 'child labour', 'forced labour', 'gender equality', ‘freedom of association’

http://www.ilo.org/wcmsp5/groups/public/---dgreports/---integration/documents/publication/wcms_232765.pdf

Decent Work Country Profile SOUTH AFRICA – pre-publication draft, 2014

“South Africa’s current situation needs to be read against the background of the first non-racial elections of 1994, and the wide range of legal, policy and programmatic interventions which emerged since and have attempted to address imbalances of the past and create an inclusive society characterized by shared and equitable economic growth.” […] “despite its middle income status, South Africa is characterized by high levels of poverty and high income inequality between population (race) groups and within groups. […]There are further stark differences by race group [regarding unemployment rates] and – as elsewhere in

the developing and developed world ─ substantially higher unemployment rates for youth than for older people.” (p. v)

“In terms of work that should be abolished, forced labour is outlawed in the Constitution, and this prohibition is repeated in the BCEA. The Act sets age 15 as