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Presentation by DEPUTY MINISTER HENDRIETTA BOGOPANE-ZULU to the JOINT PORTFOLIO AND SELECT COMMITTEES ON THE RIGHTS OF WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES. FIRST COUNTRY REPORT ON THE IMPLEMENTATION OF THE UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES
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Presentation by DEPUTY MINISTER HENDRIETTA BOGOPANE-ZULUto the JOINT PORTFOLIO AND SELECT COMMITTEES ON THE RIGHTS OF WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES FIRST COUNTRY REPORT ON THE IMPLEMENTATION OF THE UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES 20 February 2013
OUTLINE OF PRESENTATION • Drafting and Consultative Process • Structure of the Report • General Observations to Implementation of CRPD to date • Lessons Learnt/Going Forward
DRAFTING AND CONSULTATIVE PROCESS • Phase 1: First Draft (2009 – 2011) • Submissions from public, private and disability sectors requested • Inter-departmental working group analysed submissions and compiled first draft • First Draft submitted to National Disability Machinery and NEDLAC for comments • Analysis of Draft indicates significant gaps in quantitative as well as qualitative information • UN-DESA conducted training with national departments • Phase 2: Second Draft (2012) • Second call for submissions from 3 spheres of government • Parliamentary public hearings with submissions by civil society and responses from government departments • Second draft submitted to Cabinet and released for public comment on 25 November 2012 – 25 January 2013
DRAFTING AND CONSULTATIVE PROCESS • Phase 3: Final Draft (2013) • Analysis of submissions received (next slide) • Final draft compiled (attached) • Professional editing of final draft • Submission to Joint Cabinet Cluster Sitting on 06 March 2013 • Incorporation of comments from Parliament and Joint Cabinet Cluster • Submission to Cabinet on 13 March 2013 for Approval • Depositing to United Nations by DIRCO before 31 March 2013.
DRAFTING AND CONSULTATIVE PROCESS Distribution of Draft Report • Government Website under Documents for Public Comment • 2,190 stakeholders on the DWCPD DisabilityRights Mailing List • DGs and Ministries of all government departments who failed to submit information for consideration in the draft Report. • Portfolio and Select Committees for Women, Children and People with Disabilities in the National Assembly and National Council of Provinces respectively.
DRAFTING AND CONSULTATIVE PROCESS Submissions • 54 submissions were received including 10 from national disability organisations; 9 from civil society; SAHRC; PSC • General consensus on content of draft report (page 6 of Annexure B) Substantive areas of disagreement/concern – Insufficient attention given to • the inter-sectionality between disability, poverty and inequality • violence against women and girls with disabilities and the failure of the justice system to ensure social justice for victims • impact of lack of early identification and intervention for children with disabilities 0-4 years old (ECD) • Particular barriers persons with psycho-social disabilities experience, including non-compliant legislation across sectors Inaccessible and unaffordable public transport remains a major barrier to access to opportunities Lack of universal access minimum norms and standards against which audits are done Lack of consensus re minimum norms and standards for consultation and participation
DRAFTING AND CONSULTATIVE PROCESS Submissions from Government Institutions • Submissions from the Dept Public Works, Dept of Transport, Dept of International Relations and Cooperation, Dept Home Affairs and Dept Water Affairs were not signed off by either DG/Minister; • No submissions received from Dept Higher Education and Training, Dept Economic Development and Dept Agriculture, Forestry and Fisheries • Mpumalanga Province is the only province which did not submit information for purposes of the Country Report • No submissions were received from any metropolitan councils • Only municipalities in the Northern Cape made submissions • No comments were received from local government level during the public commenting period
STRUCTURE OF THE REPORT The format is prescribed and is divided into three parts – • The Pre-amble summarises disability statistics, utilising 2011 Census, 2011 General Household Survey and 2001 Census figures • The Main Report, which provides constitutes a record of achievements and challenges in implementing the Convention post-ratification (a) Segment A – Measures taken by the state to implement the outcomes of the UN conferences, summits and reviews (b) Segment B – The State’s alignment with the general provisions of the UNCRPD as outlined in articles 1-4 (c) Segment C – Progress in implementation of specific CRPD articles (d) Segment D –The specific situation of women with disabilities (Article 6) and children with disabilities (Article 7) (e) Segment E –Progress on the implementation of specific obligations (Articles 31, 32 and 33) • Annexures, including Bibliography, Compendium of Comments received on Draft Report.
GENERAL OBSERVATIONS ON IMPLEMENTATION OF CRPD TO DATE Effective and Efficient Public Service
GENERAL OBSERVATIONS ON IMPLEMENTATION OF CRPD TO DATE SERVICE DELIVERY
HEALTH & REHABILITATION • Inconsistent support for and roll-out of Community-Based Rehabilitation • Persistent backlogs in provisioning and maintenance of essential assistive devices – only 1 accredited seating clinic in country • Lack of referral systems between Dept Health, SASSA, Dept Social Development and Dept of Education • Despite rural allowances these rehab posts in rural areas remain vacant • Significant provincial disparities in post allocation and vacancies • Bursary support to students in the allied health professionals inadequate
SERVICE DELIVERY : HEALTH • Consequences of rehabilitation personnel disparities: • Backlog in provision of assistive devices • Lack of access to independence training, personal mobility, independent living and vocational rehabilitation • Increase in health care costs due to secondary disabilities • Wrong placement of learners in education settings due to lack of appropriate assessments • Lack of effective learner support to address barriers to learning • Increased dependence on social security
RESPONSE : HEALTH & REHAB • Re-establish Inter-Provincial Rehabilitation Forum (DoH) • Strengthen capacity in Department of Health to effectively monitor equitable roll-out in provinces (DoH) • Integration of rehabilitation HR plan into the Human Resource Strategy for the Health Sector: 2012/13 - 2016/17 (DoH) • Cost and fund eradication of backlog for assistive device provisioning and maintenance (DoH and provincial health departments) • Accelerate finalisation of a National Community-Based Rehabilitation Implementation Plan and Funding Model, using good practice in provinces such as Mpumalanga (DoH, DSD, DWCPD)
POST DEPOSITING OF REPORT • Publishing of user-friendly materials on Country Report baseline information • Incorporation of forward-looking comments received into legislative, policy and programme development and review processes • Drafting of Second Periodic Country Report due for depositing by May 2014 • Commitments contained in First Country Report - • Communicating commitments made in report to all relevant institutions; • Costed Action Plans to meet these commitments to be returned to DWCPD by mid May 2013; • Priorities integrated into 2014/15 institutional APPs and budgetary processes; • Audit of commitments made (Oct 2013) • Addressing baseline gaps of First Country Report – • 2011 Census Disability Report • Strengthening reporting on work done by organisations of and for persons with disabilities • Draft Report to Cabinet by Nov 2013 • Draft Report released for public comment by Dec 2013 • Draft Final Report submitted to Parliament by March 2014 • Final Report submitted to Cabinet by May 2014
OHCHR COMMITTEE ON THE RIGHTS OF PERSONS WITH DISABILITIES • The Committee on the Rights of Persons with Disabilities (CRPD) is the body of independent experts which monitors implementation of the Convention by the States Parties. • The Committee meets in Geneva and normally hold two sessions per year. • Huge backlog in consideration of reports – currently 23 Country Reports awaiting scheduling. • Composition of Committee: • Australia, Chile, Denmark, Ecuador, Germany, Guatemala, Hungary, Jordan, Kenya, Mexico, Republic of Korea, Serbia, Spain, Thailand, Tunisia, Turkey, Uganda, United Kingdom of Great Britain and Northern Ireland. • 11 male and 7 female members
PRIORITIES FOR DWCPD • Designation of the independent monitoring mechanism (Art 33(2) • Legislative review/audit – • Alignment with CRPD (compliance); • Strengthening sector legislation (regulations); and/or • Development/strengthening of transversal disability legislation • Transversal Disability Policy and Legislation development • Integrated Five Year Disability Strategic Plan approved by Cabinet (2014 – 2019) • Enabling environment for organisations of persons with disabilities • National integrated disability rights awareness campaign and information services portal
CAPACITY CONSTRAINTS TO BE CONSIDERED • Human Capital Constraints • 1 Chief Director • 2 Directors • 1 Deputy Director • 2 Assistant Directors • 1 Senior Secretary – deployed as Guide/Personal Assistant to Director • Budgetary Constraints • Provisional Baseline for Goods and Services reduced from R8m (2012/13) to R5,4m (2013/14) • Provisional COE Baseline allows for filling of 1 Chief Director post, and possibly 1 senior secretary only
STRENGTHENING CAPACITY The following options are currently being explored: • Programme 4 staff to focus on technical aspects of work, and Programme 1 to take over all logistical support for convening of disability rights machinery meetings, events etc. • Sourcing external funding and/or technical expertise through strategic partners; • UN-DESA has committed support in the development and roll-out of a Toolkit to strengthen implementation of the CRPD during 2013/14. It should be noted that managing external partnerships require human capital, which is in short supply.
Working together we can do more to remove barriers to create an inclusive and accessible society for all.
