Advancing Children’s Rights through rights-based budgeting- Work of the CBU

1. Advancing Children’s Rights through rights-based budgeting- Work of the CBU Mario Claasen & Stanton Scholtz Children’s Budget Unit, Idasa

2. Structure of Presentation • Purpose of Presentation • Overview of the Children’s Budget Unit • Activities of the CBU-including the Children Participating in Governance Project • Conclusion Idasa-Children’s Budget Unit

3. Purpose of the Presentation • To introduce the JMC to the CBU • Familiarize the JMC on rights-based budgeting • Introduce the JMC to the Children Participating in Governance Project: impact of the programme on a child who participated in the Project Idasa-Children’s Budget Unit

4. Overview of the CBU- Objectives The Children’s Budget Unit conducts research, builds capacity and disseminate information that advocates for generation and use of resources for child rights realization, targeting governments and civil society organizations in developing countries. Idasa-Children’s Budget Unit

5. Context of Children in SA • In 2004, just over 18 million children (49% of population) • In 2004, 66 % (11.9 million) children live in households with income of R1.500 p/m or less • In 2004, 260 000 children under the age of 15 years are estimated to be living with HIV Idasa-Children’s Budget Unit

6. Purpose of CBU Research • Provide information on: • Programme design, budgeting, implementation and service delivery • Recommendations for policy and programme development • Provide information to: • Government officials, advocacy groups, monitoring bodies, research institutions, media and MPs. • Idasa-Children’s Budget Unit

7. CBU Research: 1 • Rights based Framework: specifically socio-economic rights “If the socio-economic rights in the Constitution are to amount to more than paper promises, they must serve as useful tools in enabling people to gain access to the basic social services and resources needed to live a life consistent with human dignity” –Sandra Liebenberg (2003: 1-2) • UN Convention on the Rights of the Child • African Charter on the Rights and Welfare of the Child • South African Constitution Idasa-Children’s Budget Unit

8. CBU Research 2: The SA Constitution • Chapter 2: Bill of Rights • Everyone has a right to housing, health care, food, water, education (basic & further) social security (including social assistance) • Sec 28: Rights of Children -Sec 28 (1) (c) basic nutrition, shelter, basic health care services and social services -Sec 28: principle of best interests of a child Idasa-Children’s Budget Unit

9. CBU Research 3: Constitutional Obligations towards realizing Child Rights • Parliament and Provincial Legislatures • National and Provincial Executives • Courts • Parents • Human Rights Commission • Private Sector • Rights-bearers (beneficiaries) • Media • Civil Society • International Bodies Idasa-Children’s Budget Unit

10. Debates on Jurisprudence • Minimum core: basic standard of rights delivery and thereafter progressive realisation • Certain rights less qualified: children’s rights in s28 & s29 therefore a higher standard (rapidly as possible and reach all children in need) Idasa-Children’s Budget Unit

11. Emerging SE Rights Jurisprudence • Reasonableness test for government programs (result of Grootboom & TAC Judgments) • Reasonable in conception and implementation • Balanced and flexible • Provision for crisis, short, medium and long term • Not exclude a significant segment of the society • Most urgent needs must be met Idasa-Children’s Budget Unit

12. CBU Research 4: Research Methodology • Laws, Policies and Programmes • Budgeting • Implementation and Service Delivery Idasa-Children’s Budget Unit

13. CBU Research 5: Research Questions • Has government put a program in place to deliver the right? • If yes, are the most vulnerable targeted? Is the program non-discriminatory? Is it equitable? • Program budget allocation since inception and MTEF allocations • Percentage of total consolidated expenditure? Idasa-Children’s Budget Unit

14. CBU Research 6: Research Questions • Has the real value of the service increased over time? • Have funds been wasted in the program due to non-spending of budgets? • Are budgets & administrative capacity sufficient to support implementation of the program according to plan? • Is service delivery such that they are rolled out according to the program plan and are basic services provided to all children quickly? • Is operational efficiency increasing? Idasa-Children’s Budget Unit

15. CBU Research 7: Information Sources • Government officials: program implementation information, policy and budgets • Advocacy organizations: information on service provision • Provincial and national budget book • Budget reviews • Policy and legal documents • Survey data analysis • Constitutional court judgments • General comments from UN committees Idasa-Children’s Budget Unit

16. Capacity Building on Rights-Based Budgeting (1) • Training should be utilized within the organization • Target Audiences: -Civil Society Organizations -Parliamentary Committees at National Legislature & Provincial Legislatures Idasa-Children’s Budget Unit

17. Capacity Building on RB Budgeting (2) • Participatory Learning Approach • Content includes: • Key Budget Concepts • Link between Budgets & Rights • Budget monitoring as Advocacy Tool • Basic Budget Analysis Skills • Developing an Advocacy Campaign Idasa-Children’s Budget Unit

18. Information Dissemination • Research is disseminated to: -Civil society organizations -Government Departments & Officials -National & Provincial Legislatures -Research Organisations -Participants of the research • Research is disseminated through: -Mailing lists -Idasa Website Idasa-Children’s Budget Unit

19. Children Participating in Governance Project

20. Conceptual Framework • “Participation” current in development discourse • Key themes of ‘empowerment’ and ‘rights’ • New focus on people’s capacities to advocate for entitlements • Citizen’s participation means giving people access to information on which to base deliberation or to mobilise to assert their rights and demand accountability • Kinds of participation: being given information, being invited to offer opinion, being asked to take part in setting priorities, being involved in decision making Idasa-Children’s Budget Unit

21. Project objectives • Create opportunities for children in SA to monitor government budgets • Improve children’s participation in and researching monitoring for budgets and rights realisation that ultimately informs policy shaping • Contribute to the alignment of government budgeting to rights realisation Idasa-Children’s Budget Unit

22. Our partners Implementing partners: • IDASA – Children’s Budget Unit (Cape Town) • Practical ministries – Life Hunters (Port Shepstone- KZN) • Molo Songololo – It’s Your Move (Cape Town) • City of Cape Town – Youth Development Programme (Cape Town) • Disabled Children’s Action Group (DICAG) (Gauteng, Mpumalanga, Western Cape) Funding partners: • Foundation for Human Rights (European Union) • Norwegian Centre for Human Rights • Save the Children Sweden • Ford Foundation Idasa-Children’s Budget Unit

23. Peer Facilitation Model • Selection of 6/7 reps from each group • Form core group of 25 peer facilitators • Training at three workshops: • ‘Linking budgets and rights’ • ‘Budget monitoring as an advocacy tool’ • “Developing a strategic budget advocacy campaign • Games used in workshops as main methodology • Peer facilitators are the primary link to constituency groups Idasa-Children’s Budget Unit

24. Reference group • Highest decision-making body gives strategic direction to the project • 2 child participation experts, representatives from parent bodies, nominated peer facilitators • Meetings: 7 December 2004, 30 March, 22 August, 21 November 2005; 25 January 2006 • Assist with compiling research of key lessons and the methodology of the project as well the training manual Idasa-Children’s Budget Unit

25. Impact on the children • First flight and residence in a hotel • Media exposure • Involvement in diverse group of youth • Participation in Brazil learning exchange • Global Jamboree • Career options • Active and valued citizenship Idasa-Children’s Budget Unit

26. Children participating in governance in Brazil • METHOD: “…it is important to know the history and the present state of your place... In order to be able to debate with the government on money allocation which will be [in] the budget? I found [this] interesting and a clever thing to do … [a] way to change the budget.” Zakithi • SUPPORT: “…. there is so much interest amongst those in government to help them with this project and news easily spreads because of the media connection they have.” Nonto • STRUCTURES: “…two child delegates represent[ing] teenagers and two representing children [in the local committees]” Zakithi • ADVOCACY: …They have gone and challenged the government which they say was a very bumpy ride because they were not taken seriously and people saying they are being used (government alleged that the children were furthering the agenda of the CEDECA and not their own) but finally their proposals are taken [accepted] but not saved (no actual programmes were developed). So now they are monitoring those proposals (amendments) because they say they [are] waiting for [a] long time thinking they are giving the government time but rather their work and input [was] not taken seriously.” Zakithi Idasa-Children’s Budget Unit

27. Children’s opinions of the project • “I went ballistic when I heard I was chosen” (16 year old Louise from YDP) • “I think I was chosen because I am outspoken.” (21 year old Alex from DICAG) • “Personally this workshop means a lot to me because maybe I will end up working for government and it has clarified lots of things for me.” (16 year old Zakithi from Life Hunters) • “I was very happy the time we organis[ed] the workshop but [when] the day arrived I was very nervous. (18 year old Stanton from It’s Your Move) • “By showing them (budget monitors) how to link the budget with there rights gave them a sense of power.”(15 year old Abby from the YDP) • “Some of our municipal officials are interested about this project, this will surely break the concrete I assumed was between children and government.” (18 year old Khanyi from Life Hunters) Idasa-Children’s Budget Unit

28. CPG: Experience and Impact on a Child active in the Project