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PRESENTATION TO THE PORTFOLIO COMMITTEE ON WOMEN CHILDREN AND PEOPLE WITH DISABILITES: 13 MARCH 2013. South Africa’s Combined Second, Third and Fourth Periodic State Party Report to the Committee on the Rights of the Child (UNCRC) & the African Charter on the Rights and Welfare of the Child
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PRESENTATION TO THE PORTFOLIO COMMITTEE ON WOMEN CHILDREN AND PEOPLE WITH DISABILITES:13 MARCH 2013 South Africa’s Combined Second, Third and Fourth Periodic State Party Report to the Committee on the Rights of the Child (UNCRC) & the African Charter on the Rights and Welfare of the Child (Reporting period: 1998 - June 2012)
OUTLINE OF PRESENTATION • Brief Background to Convention on the Rights of the Child (UNCRC) • Brief background to the African Charter on the Rights and Welfare of the Child (ACRWC) • Drafting Process of the UNCRC/ACRWC • Structure of the Report • General Observations to Implementation of the UNCRC/ACRWC up to date, with specific focus on Challenges • Way Forward to Depositing the Report
CONVENTION ON THE RIGHTS OF THE CHILD (UNCRC) • Purpose of the UNCRC (Convention) • South Africa ratified the United Nations Convention on the Rights of the Child on 16 June 1995. This was the first international treaty that the new democratic government ratified. • The Country also ratified two of the three Optional Protocols to the Convention on the Rights of the Child, namely: • The Optional Protocol Prohibiting the Sale of Children, Child Prostitution and Pornography on 30 June 2003 and • The Optional Protocol on Involvement of Children in Armed Conflict on 24 September 2009 • In accordance with article 44 obliged to submit periodic reports on measures adopted and progress made in terms the rights of children.
UNCRC: WHAT IS OUR REPORTING STATUS • When DWCPD was established found that: The second (2002) and third (2007) UNCRC reports were done but not submitted. • Cabinet was informed about status in a presentation on 21 September 2011. Obtained approval to submit a combined report in 2013 report. • The UNCRC Secretariat was informed that South Africa will submit a consolidated 2nd, 3rd and 4th report by June 2013. • The DWCPD established an Inter Departmental Committee for coordination & monitoring of child rights delivery& oversee this process • Met several times since September 2011:Developed guidelines for process. • Departmental submissions: Opened from February to 30 August 2012 (extended) (See handout on consultation process). • Discussion document released for consultation on 5 July 2012.
UNCRC: WHAT MUST WE REPORT ON: GENERAL STRUCTURE. OF REPORT • General measures of implementation. • Definition of a child. • General principles relating to the rights of the child. • Civil rights and freedoms. • Family environment. • Basic health and welfare • Education, Sport, leisure and cultural activities. • Special protection measures in the state of emergency; conflict with the law, situations of exploitation, minority groups. • Refer to reporting guidelines for Optional Protocols.
ACRWC • Ratification: Presently, 46 Countries ratified. • SA: Ratified the ACRWC on 7 January 2000: • Harmonisation, implementation & monitoring: SA have reporting obligations to the AU every 3 years. No report submitted thus far. • The Expert Committee on the ACRWC responsible for reports & feedback. It was established in 2001 and have 11 members all voluntary and part-time. Located within the Social Affairs Commission • This Committee has an extended mandate: It deal with cases; Conduct visits; Seminars; and determine the theme for the Day of African Child annually. • Both report - same content different corresponding articles and emphasis. • Report to the AU Expert Committee: July 2013.
ACRWC: MEASURES OF SPECIAL EMPHASIS The ACRWC place SPECIAL EMPHASIS ON the following: • Responsibilities of the Child - Art 31 e.g.. Child’s duty towards: • Harmful social and cultural practices Art.21 (child marriage) • Children of imprisoned mothers -Art 30 • Children who need special protection on account of being in risky or vulnerable conditions (children in street/orphaned & vulnerable) • The consultations and reporting placed emphasis on these areas.
COMMENTS ON THE STRUCTURE OF DRAFT REPORT • The report takes into account the UNCRC Committee’s Concluding Observations on the last country report submitted in 1998 and addresses these directly in the report where relevant. • With consideration of the stipulated page restrictions, the body of the report focuses on high level developments only. • Statistical information is provided in Annexures 1A-1H and supplementary narrative is included in Annexures 2A-2N. • The report draws primarily on information provided by various Government Departments and obtained from Government reports, policies and strategies and the consultation process described above. • As is the usual practice, non-government organizations have indicated that they will submit alternative reports to the Committee on the implementation of the Convention from their perspective
GOVERNMENT SUBMISSIONS RECEIVED AND NOT RECEIVED BY 30 /09 /2012
GOVERNMENT SUBMISSIONS RECEIVED AND NOT RECEIVED BY 30 /09/2012
GENERAL OBSERVATIONS: Feedback • Significant progress made: See summary • Various pro-poor policies and programmes are in place to ensure that children in poverty receive preferential support. • Number of children living in poverty has decreased from 73% in 2003 to 60% in 2009 (Statistics South Africa, 2010). • Decline in the number of children experiencing hunger and malnutrition. In 2002, 34, 7% of children reported having gone hungry. This dropped to 18,6% in 2010 (Statistics South Africa, 2011). • Between 2002 and 2009, the number of 7 – 14 year olds attending school increased from 96 to 99% (Statistics South Africa, 2011).
GENERAL OBSERVATIONS • Children with disabilities attending school increased by more than 20% between 2002 and 2010 and 56% of children attending school do not pay school fees (Statistics South Africa, 2012). • In addition, the percentage of children living in formal housing increased by 6% between 2002 and 2010; • The percentage of children with access to piped water increased from 54,7% to 61,8% in the same period; • Access to sanitation increased by 10% to 49,5% in 2010; and access to electricity increased from 70 to 83% between 2002 and 2010 (Statistics South Africa, 2011).
