FEBRUARY2021 DIALOGUE FOR CAPACITATING CIVIL SOCIETY & HUMAN RIGHTS DEFENDERS FOR BETTER UNDERSTANDING OF COVID19 VACCINE - Human Rights ...

04 FEBRUARY2021

DIALOGUE FOR CAPACITATING CIVIL SOCIETY & HUMAN RIGHTS DEFENDERS FOR
              BETTER UNDERSTANDING OF COVID19 VACCINE

Outcome of the CSO Virtual Dialogue with Advocate Bongani Majola, Chairperson of the South Africa Human Rights Commission

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Contents

Abbreviations and acronyms .............................................................................................................................................. 4
Executive Summary ............................................................................................................................................................. 5
Review over government procurement of COVID19 vaccine ............................................................................................ 5
Monitoring human rights and accountability in the era of COVID19 pandemic. .............................................................. 7
Way forward developed out of invaluable contributions from the Chairperson of SAHRC ............................................. 8
Proposed Actions ................................................................................................................................................................. 9

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Abbreviations and acronyms

 HURISA              Human Rights Institute of South Africa
 SAHRC               South African Human Rights Commission
 COVID 19            Corona Virus
 CSO’S               Civil Society Organisation
 HRD’s               Human Rights Defenders
 HRF                 Human Rights Forum
 CBO’s               Community Based Organizations
 PAIA                Promotion of Access to Information Act
 SAHRIs              South African Human Rights Institutions
 NHRIs               National Human Rights Institution
 SAHPRA              South African Health Products Regulatory Authority

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Executive Summary

Human Rights Institute of South Africa in conjunction with the Human Rights Forum convened a very engaging and
interactive virtual dialogue with the Chairperson of the South African Human Rights Commission. HRF is a platform of
grass roots activists and human rights defenders raising voices from the ground at local, provincial and national level.
The organising of the dialogue by HURISA & HRF for CSO, CBOs and HRDs with the SAHRC Chairperson offered unique
opportunity for building capacities to effectively contribute to government discussions regarding curbing COVID19
pandemic and procurement of COVID19 vaccine. The consultation had an ultimate effect in enhancing abilities of CBOs,
CSOs, HRDs obtain important information to assist communities make informed choices about the vaccine.

This dialogue was the first of its kind aimed at heightening government constitutional obligations to protect human
rights for public participation in policy development, access to information, transparency in decision making processes
and herding nationwide vaccination. It brought together diverse CSOs groupings, ranging from community-based
activists, human rights defenders, survivors of COVID19, traditional practitioners, faith-based organisations, academia,
environmentalist, and healthcare experts. The programme provided space for candid expression of views and analysis
of developments made to prevent spreading of the pandemic. Alternative remedies offered by traditional practitioners
and healers were also part of the dialogue. Participants also learnt that many people recovered from the pandemic
because of the nonclinical interventions and traditional herbs traditional practitioners provided and which are also
available at local pharmaceutical companies.

Speakers presented outstanding information and various alternative healing methods and strategies utilised by many
people to fight COVID19 pandemic. Their presentations strengthened the CSOs capacity to engage in vaccine debates
with better understanding and enriched their knowledge with the wealth of indigenous plants South Africa is blessed
with and that many in the country to prevent and recover from COVID19 pandemic.

The speakers included Mkhulu Zola iThongo Health & Wellness, Mkhulu Shumilezinsizwa Simelane from Ikhambi Lesiswe
Traditional Healing, Gosiame Choabi from South African Council of Churches, Gauteng Province, Solly Tladi from Centre
for Environmental Solutions in Alexandra, Landiwe Mathibela from Human Rights Forum in Mpumalanga Province, Cathy
Kodiemoka from Human Rights Institute of South Africa, Gogo Dithaba Tsa Metsing from Human Rights Forum in North
West Province, Zandi Jiyane from Freedom of Expression Institute in Gauteng Province, Bafana Khumalo from Human
Rights Forum in Mpumalanga Province and Advocate Bongani Majola Chairperson of the South African Human Rights
Commission who was the key note speaker.

The CSOs noted with much concern the lack of involvement of traditional practitioners and other authors of indigenous
plants in government processes exploring cure for COVID19 pandemic. CSOs were also concerned about the lack of
research conducted informing the public the extend of impact and aftereffects of the vaccine, to enable them to make
informed decisions about the vaccine. The CSOs pointed out this lack of data concerning people’s lives might pose life
threatening risk to people, particularly those with pre-existing chronic health conditions. There was a concern that the
government rushed into procuring the vaccine without exploring alternative remedies for curing the pandemic,
especially not recognising contributions of traditional practitioners saving lives of many people in communities from the
pandemic. CSOs highlighted community’s scepticism on the vaccine efficacy procured to address the South Africa current
variant. It was recommended, that traditional practitioners and herbalist be included in government processes searching
for sustainable solution for curbing COVID19 pandemic in the country. Suggestions were also made for the government
to consider working with countries that opted to rely on traditional herbs extracted from the wealthy African ground,
as alternative healing methods to combat COVID19 pandemic.

Review over government procurement of COVID19 vaccine

COVID 19 pandemic constitute disproportionate global human right challenge. It has claimed millions of lives and
impacted harshly on the livelihoods and healthcare systems. World Governments have adopted drastic steps to combat

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the spread of COVID19. It is important to ensure human rights and fundamental rights remain central in all measures
adopted to combat the pandemic. The rapid rise of infections and increasing daily mortalities stir fear, trauma and

pressure governments to take extra actions to combat the spread. In South Africa, the announcement of the second
wave of the pandemic, described as a contagious variant, had led to the country regressing into adjusted alert level 3

lockdown. By 11 January 2021, the death toll in the country was recorded at 4600, 1.2 million positive COVID-19 cases,
and over 15, 000 people were admitted in hospitals across the country. This strain added to the already staggering fiscals
and catastrophic health system of the country. Meanwhile loss of jobs, livelihoods, and closing of businesses presented
unimaginable tragedies. The call for government to work together with all stakeholders to win the fight against the
pandemic cannot be overemphasised.

The CSOs virtual view the government’s procurement of COVID19 vaccine without public consultation undermined
constitutional provisions safeguarding open, transparent, participatory, and inclusive process. People need to be
educated more now about the vaccine and the potential impact of the vaccine on their lives. They need to understand
the benefits, advantages, and disadvantages of the vaccination because most people in communities trust and believe
in using traditional herbs. The CSOs also notes the government lacks research outlining the impact of vaccine to people
with chronic health conditions, such as sugar diabetes, hypertension, TB, cancer among others. They recommend the
government do its best to provide data to help people make informed choices about the vaccine.

The opportunity was provided to draw lessons from the feedback of the first virtual public consultation held by Minister
of Health with CSOs on 20 January 2021, regarding the government’s procurement of vaccine. This feedback provided
provocative and robust debates which highlighted the following vaccination the government procured or considering
procuring in future to prevent the spread of COVID19 pandemic.

    1. The South African Health Products (SAHPRA) granted Department of Health authorization to supply
       AstraZeneca/Oxford Vaccine – This vaccine was manufactured by the Serum Institute of India. The first 1 000 000
       doses was received in South Africa on 1st February 2021 and 500 000 more are yet to be delivered in February.
       The efficacy in prevention of coronavirus was said to be 90%. Currently the vaccines is on technical processes of
       quarantine for 10 to 14 days.

    2. Pfizer/BioNTech vaccine – The Food and Drug Administration has given emergency use authorization to the
       Pfizer-BioTech COVID-19 vaccine. This vaccine has an efficacy rate of 95%. The people that get the vaccine are
       protected from becoming seriously ill with the virus. This vaccine is for people with age 16 and older. It
       requires two injections given 21 days apart.

    3. Johnson and Johnson – was in the process of finalization of the procurement contract and it will be
       manufactured by Aspen facility here in South Africa.

    4. Moderna – it has been approved by the Food and Drug Administration and the paperwork has been finalized.

Dr Mkhize explained that although traditional medicine may soothe COVID19 symptoms, it cannot provide complete
cure because it is not a vaccine. He also confirmed Ivermectin drug used for treating animals and believed to be useful
for treating COVID-19 is not approved by South African Health Products Regulatory Authority. He reaffirmed that the
government rely on the World Health Organisation’s guidance.

In light of the uncertainty and confusion COVID19 has brought in people’s lives, there remain many questions to answer
for people to understand and enable proper decisions making about the AstraZeneka vaccine. There is no information
about its effectiveness to the current South Africa variant as well as the aftereffects that may impact people with chronic
diseases. CSOs are very concern that the government planned to herd immunity with vaccine which is still a trial. Herd
immunity will only be achieved by vaccinating 95% of adults. Although the government promised not to impose
mandatory vaccine, adequate information is needed to ensure transparency and equitable distribution of the vaccine in
the country. In moving forward, it is vital for CSOs to play monitoring roles to ensure integration of core human rights

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values in procuring processes, distribution plans, including access to information, transparency, freedom of expression
and accountability.

Monitoring human rights and accountability in the era of COVID19 pandemic.

Presentations from Traditional Practitioners and voices of survivors of the COVID-19 pandemic from the grassroots.
South Africa’s constitution guarantee promotion of human rights even in time of the pandemic or state of emergency.
The right to life, human dignity, equality, freedom of security of the person, children’s rights among others bind the
government to uphold and be held accountable and liable for harming citizens or any side effects that may experience
resulting from vaccination, which section 37 (5) (a)–(c) of the constitution protects citizens against government. The
right to bodily and psychological integrity, including not to be subjected to medical or scientific experiments without
informed consent, is protected in Section 12 (2) (c) of the constitution. Administration of the vaccine may amount to
subjecting people to scientific experiments because of the lack of “midterm (10 – 15 years) and long-term (over 15
years) studies conducted. As this vaccine is an RMA type, it has the potential to affect next generations, by altering
the way the RMA affects our DNA”. There is no test to proof safe midterm and long term and safety for the next
generation to people who have children and have taken the vaccine, we don’t know the effects and what will happen to
those children. This is the main problem we need to be aware of. People should not be subjected to scientific
experiments. Even though the Minister of Health reassured people of their right of choice to administration of the
vaccine. However, the government liability should not be taken light, because section 37 (5) of the constitution
guarantee citizens against government self-indemnity. CSOs should continue their robust role in ensuring the
government does not escape responsibility for potential harm caused to people after administering vaccine. CSOs should
monitor human rights violations and advocate for protection of human rights.

Promotion of Access to Information Act and section 32 of the constitution guarantee the right to access information.
The government is obliged to provide citizens all the ingredients that went into the vaccine and how these will interact
with their bodies. It is therefore imperative for people to have full knowledge about what is in the vaccine, the
consequences of the vaccine and how the vaccine will affect them. This will enable people to give informed consent
about the vaccine. If people don’t have this information, then we are dealing with a situation where people will not give
full and informed consent. Consenting outside informed consent means unlawful act and the government is liable. The
question is how CSOs will hold the government liable for harming people as a result of administration of vaccine and
what are the actions listed in the constitution to hold the government accountable.

There are different herbs like Mhlonyana which works very well in terms of helping with decongestion of the body. The
onions, garlic, ginger, cayenne pepper, eucalyptus, Hydrangearoot, Eboza like a type of a wild mint, red clover have been
used for steaming as traditional remedies. These herbs are also sold by pharmacists’ like Dischem. Steaming works very
well because it decongests and breakdown the mucus. People need to focus on herbs that help to decongest the lungs.
When people struggle to breathe it is because oxygen is not stimulated. People should pay attention to this to avoid
been in danger.

 In terms of freedom of expression, which is protected in section 16 of the constitution. The right to receive and impart
information or ideas is also protected in section 16 (1), and to academic freedom and scientific research in section 16
(1) (d). The government is duty bound to protect these rights and not to restrain people from producing evidence and
not regard this as conspiracy theory. Because conspiracy is rooted in no fact and no truth, and there’s truth which cannot
be disputed because it is complete in itself. Therefore, there is scientific truth that a congested lung can be decongested.

The 85% of people that recovered from COVID19 means there is a cure and we need to ask what was used for people to
recover and survive for almost one year without a vaccine. In a population of 59 million registered citizens with foreign
nationals, only 1million of people contacted COVID. 15% of this 1million succumbed to COVID19 and most succumbed
due medical negligence. This is an issue that has been overlooked in respect of procurement of vaccine. Section 36 of
the constitution provides for limitation of rights, but the government must find a less restrictive means before limiting

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individual rights. We need to scrutinise the 85% and look at what they are doing that resulted in a positive outcome
before we say the only solution is vaccination. Had this been correct we would have had 100% fatality rate. There is no

proof that the vaccine will provide permanent immunity or short-term immunity that might require annual vaccination.
There is also no conclusive data. We need to interrogate why people get subjected to medical experiment and made to
sign indemnity forms shifting government liability. People need to be aware about this, because bread winners can lose
their jobs, livelihoods as a result of the after effects of vaccine, death that might occur and the state must take
responsibility as safeguarded in the constitution. This is a conversation needed to interrogate the government to ensure
non-derogable rights guaranteed in the constitution are not violated.

Way forward developed out of invaluable contributions from the Chairperson of SAHRC
Defending Human Rights in the era of COVID19 Pandemic

Civil Society, Community-Based Organisations, Human Rights Defenders, National Human Rights Institutions are
required to play crucial roles to ensure human rights are not forgotten but are promoted and protected even in most
difficult times like COVID19 pandemic.

Promotion and defending access to information is safeguarded as well as our progressive legislation, Promotion of
Access to Information Act grants individuals the freedom to information. However, this legislation has left some gaps
that impedes access of information from government institutions. The stipulated period in PAIA for receiving
information from government makes the act ineffective because it allows government to delay submitting information.
This limits the ability to act speedily in defending human rights. PAIA is a tool that can capacitate us as CSO, HRD and
NAHRI. We live in time of urgency and need information to act fast and when the information is still relevant during this
unprecedented time of the pandemic. We need to put pressure on the government to effect realisation of this legislation
and not frustrate access of information from the government.

Advocacy exercises for transparency is crucial during this unprecedented time. This will enable community to be better
informed, better understand, assess, analyse if the vaccine is detrimental or beneficial to their health. Transparency
inspire communities act on time against maleficence and corruption. The PPE tender scandal could have been avoided
and less harm caused if there was transparency. Transparency is important and essential to expose corruption, it forms
part of the government duty to act reasonably. Importantly, the Treatment Action Campaign judgment introduced the
requirement of transparency in governance. Transparency is essential to ensure available resources are not diminished
through a procurement process marked by irregularities and corruption. It is important for CSOs, HRD and SAHRC join
efforts in demanding greater transparency in the public sphere.

Their actions should include information sharing, undertaking joint capacity building protects, mutually supportive
advocacy and education programmes. Defending human rights is a big challenge that neither of the three alone may
successfully manage. The Constitutional Court remarked in the TAC case that the magnitude of the HIV/Aid challenge
facing the country, calls for concerted coordinated and cooperated national effort from three spheres of government to
channel resources to CSOs. This can be achieved by proper communication with government and by SAHRC, CSOs and
HRDs. In order for a public programme of this magnitude to meet the constitutional test of reasonableness, its contents
must be made known to the public including the details appropriately.

SAHRC is constitutionally mandated to promote human rights, monitor, and assess the observance thereof. It does so
through education, research, legal redress and empowered to make recommendation to all levels of government where
it is conducive for the promotion and protection of human rights. Frustrated CSOs and HRDs can approach the SAHRC
to use its constitutional powers to push for actions.

SAHRC is empowered to request information from government where it relates to promotion, protection of human
rights. SAHRC has already started requesting information from government pertaining the vaccine roll out plan for
national and provincial government. However, the government is taking time to provide the information. Once the
information is provided, it will be then that gaps will be identified where human rights is threatened and the necessary
steps to take. It will be important to work with CSOs and HRDs. The Commission can consider taking legal action against
the government appropriately, should no plan be provided.
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The task of ensuring accountability, promotion and protecting human rights cannot be single handedly done by
Commission or CSOs actors. But the task requires collaborations with CSOs and HRDs actors that strive for promoting
respect and the realisation of human rights. The Paris Principles requires SAHRC to cooperate constructively and consult

CSOs, in the course of their work. This is in recognition of the crucial role of CSOs contribution to democracy the respect
of rule of law and human rights.
CSOs face challenges daily as they attempt to promote human rights, democracy the rule of law all over the world.
Budgeting is one of the major problems, they are ignored by government most of the time when advocating for
accountability. The democratic space of CSOs is under threat and shrinking. However, based on the protection they
enjoy, NHRI can play vital roles in supporting CSOs and HRDs and in addressing and hopefully preventing incidence of
reprisals facing them. SAHRC should create enabling environment for CSOs and HRDs and for the CSOs promote human
rights during the pandemic. The NHRI can be the voice of the voiceless and be valuable to CSOs in various ways. They
can constitute important shield to HRDs working towards securing entrenched fundamental human rights and securing
democracy and promotion of rule of law and similarly CSOs can also offer a shield to NHRIs. CSOs are also a shield to the
SANHRIs.

CSO, HRDs and NHRIs need to ensure equitable access of vaccine by communities, in a transparent fashion and
accountable manner that put them first and avoid corruption. To effectively fight the pandemic, we need to part
responsibilities and work together in looking for all solutions not just the vaccine and begin to deal with lack of
information as well as misinformation campaign that influence people to reject intervention that aim to save their lives.
Effective participation in response requires people to be informed, involved in decisions that affect their lives, including
any measures taken should be necessary reasonable and proportionate to combat the virus to save their lives.

The government need to be accountable to people they serve. CSOs, HRDs and private sector also have contributions to
make in fighting the pandemic. The pandemic present opportunities to further human agenda and further cooperation
in defending human rights. The doubt and suspicion that we have about the route taken to procure and administration
of the vaccine, also need to be discussed.

Proposed Actions

    1. Capacity Building Training for CSOs, HRDs with SANRIs, particularly SAHRC about the pandemic and COVID 19
       vaccine
    2. Workshops by CBOs, CSOs, HRDs, SAHRC and awareness raising for communities about the vaccine and
       promotion of traditional herbs as alternation option in mitigation of the pandemic.
    3. Designing animation publication, flyer, publication listing constitutionally guaranteed rights, and alternative
       remedies
    4. Collaboration with SAHRIs, particularly SAHRC for undertaking advocacy interventions promoting access to
       information for communities. Participation in contributing to fighting the pandemic and involving all
       stakeholders’ in communities including traditional practitioners, as well as enabling them to make informed
       decisions in matters concerning their lives.
    5. Advocacy for transparency and monitoring procurement, equitable access and administration of the vaccine in
       communities.
    6. Coordination, facilitation of meeting with Department of Health

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