Germany Study Tour Report; Children's Day Programme, Office on Status of Child Report
Meeting Summary
A summary of this committee meeting is not yet available.
Meeting report
JOINT MONITORING COMMITTEE FOR IMPROVEMENT OF THE QUALITY OF LIFE AND STATUS OF CHILDREN, YOUTH AND DISABLED PERSONS
23 May 2001
OFFICE ON STATUS OF CHILD REPORT; GERMANY STUDY TOUR REPORT; CHILDREN'S DAY PROGRAMME
Chairperson: Ms. H Bogopane
Documents handed out
Germany Study Tour Report
Office on the Status of the Child Report (see Appendix)
SUMMARY
The Germany Study Tour Report and recommendations informing the Committee on policy, legislation and programmes of the German Parliament for children, youth and the disabled, was adopted.
The Committee was briefed on the Programme and attendance list for the forthcoming Children's Day.
The Office on the Status of the Child Report stated that South Africa's proposals on child welfare were on the international agenda. The September meeting on the reviewed UNICEF document on children would be attended by Nelson Mandela.
MINUTES
Germany Study Tour Report Recommendations
The report called for the establishment of a conference with NGOs and
children and youth to discuss issues identified by them and possible solutions.
Museums should be established where poverty, violence, unemployment, racism and degradation would be depicted and discussed. Important lessons on how to preserve, collect, annotate and disseminate information could be learned in such museums. A central research and resource bank dealing with development issues should be established.
A tax levy on every employer whose work force does not carry at least 5% of disabled persons was recommended.
Discussion
Mr Mkhaliphi (ANC) who was part of the delegation that prepared the report, stated that he was satisfied that it captures all recommendations made. He asked the Chair to submit the report to the individual Committees to be discussed in its entirety.
The Chair said that the report had been studied and discussed three times already. She ruled there was no need to plough through the very same report once again.
Mr Gigaba (ANC) thanked members for the well prepared report. The recommendations of the report should be implemented as soon as possible.
The recommendation on the employment of disabled persons is most urgent due to the negative attitude of employers against the disabled. Legislation for a higher taxation levy against all employers who do not employ a disabled person should be imposed. Funds from this levy should utilised for the needs of the disabled.
Mr Raju (DP) approved of the establishment of museums to preserve the South African cultural and historical heritage. South Africa's history of wars, racism, Apartheid, freedom struggle, peaceful negotiations and tolerance of diversities render important lessons for posterity. The preservation and comprehensive annotation of history conveys an important message for the international community.
Ms Mbuyazi (IFP) concurred with Mr Raju and observed that the report was an incredible gold mine. The Committee and parliament should implement the recommendations.
Mr Nzimande (ANC) moved for the adoption of the report. Mr Mkhaliphi seconded him. The Chair ruled that the report would be submitted to the speaker's Committee so that it can appear on the order paper
Children's Day
The Chair briefed members on the program for the upcoming Children's Day. She said that more than 300 children and 100 officials are expected to attend. She added that the Ministers for Safety and Security, Justice and that of Education would be launching new programs for child welfare. Various notable artists have been invited to perform at the function.
Discussion
Ms Mbuyazi (IFP) inquired why the Minister for Social Development is not on the attendance list for this important event.
The Chair informed the Committee that those Ministers attending the event have programs to launch. She said that each Minister would be given five minutes to speak since it is the Children's Day and only children will be allowed to run the show while others listen. The Minister for Social Development had no program to launch.
Mr Gigaba (ANC) questioned why child artists have not been listed in the troop of performers at the function.
The Chair responded that she had noted the omission and that she would pass it on to the organisers.
Mr Dithebe (ANC) asked the Chair to let the children communicate in whatever language they understand best without feeling ashamed. The Chair said she would notify the organisers accordingly.
Office on the Status of the Child
Ms T Mkwanazi-Xaluva, the Director for the Office on the Status of Children, informed the Committee that South Africa is moving in tandem with the international community on child welfare issues. The country had so far been able to effectively put its proposals on the international agenda. In September the President is due to attend the meeting that would ratify the reviewed UNICEF document on children.
Discussion
Ms Gandhi (ANC) asked why UNICEF had mostly concentrated on children under the age of six years whereas children up to the age of 15 are daily faced with life threatening situations.
Ms Mkwanazi-Xaluva agreed that in the past UNICEF's main concern was child survival. This position had drastically changed over the years. The current UNICEF document covers adolescent issues, lifestyles and how to look at children above the age of five years. Increasingly, UNICEF is getting deeply involved in issues of HIV and Aids which have impacted tragically on the livelihood of the child.
Mr Lucas (ANC) asked what role South Africa is playing to engage the world in issues of child welfare, in particular children forced into war by belligerent forces.
The Chair ruled that this particular issue be deferred to when the youth in action is discussed.
Mr Lucas (ANC) inquired on the accuracy of statistics that are released on children in need of help.
Ms Gandhi (ANC) complained that statistics are often inflated.
Ms Thoko stated that this area was problematic. Her office relied on the national body of NGOs to compile statistics which are examined to see how realistic the figures are. Various government departments verify the reports received by her office. A plan of action is currently being compiled and would be presented to the Committee.
Ms Thoko informed the Committee that Mr Mandela and Mrs Graca Machel had been invited to spearhead the "Hear Our Voices" campaign which raises issues around child welfare. She hoped that the whole country would rally behind these foremost leaders.
The meeting was adjourned.
Appendix:
Office on the Status of the Child Report
· who headed your delegation at the World Summit for Children in 1990?
· What immediate follow-up actions were taken? Was an NPA prepared
-if so when and how?
· What mechanisms were established for periodic reviews of progress?
· Was there a mid-decade review - if so, what were its principal finds and how were they used?
With the end of apartheid, South Africa became a democracy in 1994. When the World Summit for Children took place in 1990, South Africa was deep within the throes of the liberation struggle; in fact that year, over 200 NGOs, along with UNICEF, met in Botswana as a response to the worsening conditions for women and children in South Africa. After the Botswana conference, came the National Children's Rights Committee, an umbrella organisation advocating for the rights of children. After the first democratic elections, in
1994, former President Nelson Mandela committed the country to the National Programme of Action for Children (NPA) framework. And one year later, in 1995, South Africa ratified the UN Convention on the Rights of the Child. In 1997, South Africa submitted the initial country report to the UN Committee on the Rights of the Child. Three years later, a supplementary report was submitted, and in January 2000, the country delegation made an oral presentation to the UN Committee and dialogued around issues of children's rights in South Africa. South Africa has also ratified the OAU African Charter on the Rights and Responsibilities of the Child in 1999.
· Have reports been submitted under Article 44 of the CRC? If so, which issues were highlighted in the report and/or by the Committee on the Rights of the Child? When concluding observations have been issued by the Committee, please summarise.
The UN Committee during the 23rd Session welcomed the submission from South Africa. The Committee made a number of recommendations, and also noted a number of positive developments which included the new Constitution, in particular Article 28, new legislation (such as the National Youth Amendment Act and the Abolition of Corporal Punishment Act) that have been enacted, and the implementation of the NPA.
The Committee acknowledged the challenges faced by the SA government in light of the legacy of apartheid, and encouraged South Africa to continue to work for full implementation of the CRC. Specific recommendations were made for each issue area.
Recommendations included: expanding child support grant programmes to include children up to the age of 18 years, raise awareness on the negative effects of corporal punishment, increase access to safe drinking water, increase efforts to facilitate sustainable development programmes to prevent environmental degradation, and strengthen law enforcement regarding the sale, trafficking and abduction of children, to name a few. (See Appendix 6 for full Recommendations.)
Process established for the End-decade Review (EDR)
· How was the review organised?
· Were there sub-national reviews?
· Describe the principal studies, surveys, policy discussions or public debates that were used to inform the review.
The End-decade Review process was spearheaded by the Data Collection and Monitoring Task Group, a project group of the NPA. The Monitoring Task Group is chaired by Statistics South Africa. Unicef provided technical support for the process. A data base on ChildInfo has been installed at StatsSA and will be used as the main data base for child related indicators in the future.
The main sources for updating the end-decade goal indicators were the South Africa Demographic and Health Survey of 1998, the National Food Consumption Survey (1999), Statistics South Africa October Household Surveys, Statistics South Africa Census Data (1996), Central Statistical Survey (1997), National HIV Sero-Prevalence Survey of women Attending Public Antenatal Clinics in South Africa (1999), Education for All Report (2000) and a number of other departmental reports. An important source for the qualitative analysis is the Report on the State of the Nation's Children (2001). This Report will be launched June 1, International ChiIdren's Day is a comprehensive overview of children in South Africa. This milestone report will be updated and distributed annually.
For detailed data, see pages 19-98
· National Statistics - Appendix 1
· Urban and Rural Breakdown - Appendix 2
· Gender and Population Group - Appendix 3
· Provincial Breakdown - Appendix 4 Technical Notes - Appendix 5
· Technical Notes - Appendix 5
What roles were played by civil society organization and other actors, including children?
Workshops held in six provinces complemented the EDR process. The workshops to a large extent validated information available at national level on the priority problems of children and women within the specific conditions of each province. NGOs and civil society were actively involved in the whole process through the NPA Steering Committee, as well as through Provincial Programmes of Action. A national workshop which included roleplayers from civil society was also held.
How were findings reached and disseminated?
The State of the Nation's Children Report and the EDR will be widely disseminated - to child rights groups, relevant NGOs and others who engage in children's and women's issues. It is foreseen that a popular version will be produced and more widely disseminated to civil society, including children.
B. Action at the National and International Levels
· Describe actions taken under paragraphs 34 and 35 of the World Summit Plan of Action and briefly assess their impact.
In 1994, the South African government committed itself to the "first call"
for children when an NPA outline was endorsed. Two years later the NPA was formally launched and since then it has continued to grow and expand. In
order to fully mainstream children's issues, the NPA co-ordination moved from the Department of Health to the Office of the then Deputy President (TM. Mbeki) in 1998. After the national elections in 1999, the NPA secretariat moved to the Presidency. Provincial programmes of Action have been established in all nine provinces, and in some areas, Local Programmes of Action exist.
The South African Constitution establishes that a child's best interests are of paramount importance to the State. In order to effectively monitor the development of children, and to promote and protect children's rights, the Office on the Rights of the Child (ORC) was established. The ORC is based in The Presidency. The ORC is tasked with advising The Presidency on children's issues raising awareness and educating the public about child rights issues, as well as ensuring that government departments mainstream childrens issues in their portfolios.
The ORC is also the secretariat of the NPA. Within that context the ORC is actively involved in a national advocacy campaign on child rights; works with public and community media to promote issues of children; reviews legislative policies that impact on children; disseminates child rights materials, including the CRC: liases with local governments, community-based organisations and NGOs: engages with international agencies working on children's issues; dialogues regularly with all government departments to ensure that children's issues are effectively mainstreamed; and monitors progress made around children's development.
C. Specific Actions for Child Survival, Protection and Development
· Provide brief assessments of progress achieved, major constraints faced and lessons learnt with respect to each of the following ten Specific
Actions for Implementing the World Declaration on the Survival, Protection and Development of Children in the 1 990s:
a) to disseminate and promote the earliest possible ratification of the CRC and thereafter to promote it's implementation and monitoring
Communication, information and dissemination is a function of the NPA. Information on the CRC and child rights broadly is disseminated though a number of means including the media. Live community radio call-in shows have been aired nationally, highlighting issues such as youth and AIDS and corporal punishment; public television and radio have been used to convey information on a number of issues; newspapers and print media have been targeted and a number of child rights special issues - including child abuse - have been published; a photography exhibition documenting the lives of children is currently travelling throughout the country; educational comic strips have been developed and published and speak directly to children.
The SA country report to the UN was widely disseminated through NPA mechanisms and NGOs. During Children's Day (the first Saturday of November) thousands of "First Call" booklets, and other NPA material (in a number of languages) was distributed. Government departments, the SA Human Rights Commission and NGOs also distributed materials to thousands of children on this day. Public holidays such as Human Rights Day, Youth Day, and the 16 Days of Activism on No Violence against Women and Children - are also used as an opportunity to distribute information and use the media to focus on issues of women and children's rights.
b) to combat childhood diseases through low-cost remedies and by strengthening primary health care and basic health services; to prioritise the prevention and treatment of AIDS; to provide universal access to safe drinking water and sanitary excreta disposal and to control water-borne diseases;
Primary and basic health care services are free for pregnant mothers and children under the age of 6 years. The move to greater decentralisation in health service delivery under the district health system approach will increase access for women and children to primary health-care services. The Integrated Management of Childhood Illness (IMCI) has been introduced at primary health-care facilities to address principal causes of childhood illnesses and death, in the family and in the community. Components of this strategy aim to improve the health care system supporting primary care facilities as well as key practices. HIVIAIDS is part of the IMCI strategy. According to the 1998 Demographic and Health Survey (DHS), infant mortality rates are 45 per 1000, with differences in the rate for urban (33) and non-urban (52) sections of the population. Under-S Mortality is 59,4 per 1000, and has an upward trend, probably due to rates of HIVIAIDS.
The Expanded Programme on Immunisation has been introduced in order to
immunise children against serious childhood infections. The EPI has succeeded in reducing both polio and measles to close on elimination. It includes vaccination against Hepatitis B and haemophilis infection, such as meningitis. The DHS shows that of children aged 12-23 months, 63 per cent were fully immunised with only 2 per cent of children receiving no vaccination. Measles notifications have dropped from a rate of 20,6 per 100 000 in 1996 to 2,8 in 1997. Only 20 cases of neo-natal tetanus were reported in 1997, and there have been no polio cases since 1989. Intradermal BCG was introduced to further reduce morbidity and mortality from Tuberculosis.
HIV/AIDS is rapidly progressing throughout the world, especially in the Southern Africa region. HIV/AIDS impacts on children in a variety of ways - infants born to HIV-positive mothers will be affected by HIV and some of them will be infected by HIV. Adolescents (particularly girls) are extremely vulnerable to HIVIAIDS, caring for sick family members and ongoing economic activities fall increasingly to children, and children orphaned by AIDS face the trauma of bereavement, as well as poverty in many cases due to the loss of a breadwinner. The government's response to the pandemic varies according to the way in which children are affected. HIVIAIDS strategies are crosscutting and involve most government departments including Health, Social Development and Education. The majority of infants born with HIV are unlikely to reach school-going age. Children aged 4-14 years are the largest group of uninfected members of any HIV-affected community, and are therefore a target for preventative education. A core learning programme has been developed for secondary schools. Preteens and young teenagers who are not yet sexually active are a particular focus of educational programmes. There is an HIVIAIDS national policy, whose main aim is to prevent discrimination against AIDS sufferers, increase awareness and decrease the spread of HIV. The policy allows for special measures with respect to learners who are HIV-positive.
In September 2000, the Department of Health announced a plan to increase the number of research and training sites offering comprehensive mother-to-child HIV prevention programmes, including neviropine administration in each province. In July 2000 the government released the HIV/AIDS and STD strategic plan for South Africa, 2000-2005. The plan outlines 15 goals in four priority areas including a special focus on youth. Particular objectives include: improved access to and use of male and female condoms, increased access to youth friendly reproductive health services and the implementation of programmes to support the health and social needs of children affected by HIVIAIDS.
HIV-positive women are counselled with respect to the dangers of HIV transmission through breast-milk. Contraception is readily available to sexually active couples over the age of 14 years (children under 14 years require parental consent).
For children who are affected by HIV/AIDS the main goal of government is to address their basic needs for food, shelter, education, family or alternative care, and protection from abuse and malnutrition. The National Integrated plan for children infected and affected by HIVIAIDS is spearheaded by the departments of Social Development, Health and Education. It has three components, namely life skills training, voluntary testing and counselling, community and home-based care programmes. As children affected and infected by HIV/AIDS are part of the vulnerable and at risk children, they qualify for grants such as the foster care grant, child support grant and thecare dependancy grant. With respect to access to water, by the end of 1999, more than 4,4 million people in rural areas gained access to improved quality of water. However, the legacy of apartheid has left great inequities with respect to access to water. According to Census 1996, most children aged 10-17 years use pit latrines as toilets. Many public buildings, such as schools, lack basic water services. A programme to identify rural communities that do not have access to potable water on site has been embarked upon. In 1999, over 60 projects were identified where water and sanitation have improved.
The government is committed to increasing access to water and sanitation services. By the end of 1999, the government had spent R 3,37 billion on programmes for water provision. The 1996 Census shows that many children aged 10-17 years use their own refuse dump for the disposing of household refuse.
A number of programmes exist to educate children on issues of hygiene and sanitation. These include health promotion and education for schools and clinics, and improved water and sanitation education in informal and urban fringe settlements.
Diarrhoea and Acute Respiratory Infection cause a quarter of deaths in children under five years old. Administration of Oral Rehydration Therapy (ORT) is a simple way to counter the effects of dehydration and there has been extensive education about this. Fifty-eight per cent of children with diarrhoea were treated with some type of ORT. The recent outbreak of cholera in some provinces highlights the fragile infrastructure for safe water supply and sanitary health.
c) to overcome malnutrition, including by ensuring household food security and by developing strategies that include employment and income-generating opportunities; dissemination of knowledge; and support to increased food production and distribution;
Child nutrition remains one of government's priorities. The 1995 Food Security Survey found that 40 per cent households do not have enough to eat. Food insecurity and insufficient nutrient intake are closely associated with poverty and inadequate living conditions. One in three children have Vitamin A deficiency. Vitamin A status can effectively be improved by the routine provision of high-dose Vitamin A supplements. A proposed policy document recommends the distribution of high dose Vitamin A capsules either at growth monitoring visits or through the Expanded Programme of Immunisations. The policy has been approved. Implementation is ongoing.
Regulations requiring the iodisation of food grade salt has shown good progress in the elimination of Iodine Deficiency Disorders. A follow-up survey conducted in 1998 among primary school children, since the enactment of the regulations in 1995, showed that about 90 per cent of children were iodine replete.
The breast-feeding policy recommends exclusive breast-feeding from birth to about 6 months because it limits exposure to disease while providing all the nutrients an infant needs (including Vitamin A). To further promote, protect and support breastfeeding. 23 hospitals have become baby-friendly.
The Integrated Nutrition Programme (INP) aims to improve the nutritional status of all South Africans through the implementation of integrated nutrition activities. Because young children are particularly vulnerable to the effects of malnutrition, children aged 0-60 months old and primary school children from poor households are priority targets of the INP. The Primary School Nutrition Programme (PSNP) aims to provide a meal a day for primary school children. Since 1995, expenditure on the PSNP has increased from R 500 million to R 555,68 million in 1999/2000.
Some 87 per cent of the 5,6-million targeted learners were reached, representing 56 per cent of all primary school learners. In many areas, developmental projects, including women's groups, have been linked with school feeding schemes.
An evaluation of PSNP found that although the overall objective of hunger alleviation had been met, greater inroads need to be made in addressing nutrition education, parasite eradication and improved developmental linkages. A parasite control programme is ongoing in two provinces.
The INP recognises that malnutrition is caused by a number of factors, and is not only the result of inadequate food intake. Poverty is the main determinant of child well-being. The underlying determinants, however, include food security, access to basic health services and a healthy environment, and education and information. To address these determinants, community-based nutrition development projects, which focus on household food security and income generation projects, have been initiated. They are funded through the Poverty Alleviation Fund and INP Conditional Grant.
d) to enhance the status of girls and women and ensure their full access to health, nutrition, education, training, credit, extension, family planning, pre-natal, delivery referral and other basic services; Although most surveys in South Africa have not given specific focus to the situation of the girl-child, girls and young women are subject to patriarchal practices both within the family and broader society. Girl children are subject to shockingly high incidences of rape, child abuse and gender violence. Gender stereotyping can be seen in the division of labour in the home and in compromised educational outcomes.
Girl children are especially disadvantaged in the area of sexual health. They have difficulty accessing contraceptives available at clinics, health centres and hospital. Health care workers are often resistant to teenage girls exercising their choice of termination of pregnancy. Their lack of economic and physical power render them vulnerable to participation in unwanted sexual activities with the risk of sexually transmitted diseases including HIV. In 1998, 21 per cent of pregnant girls under the age of 20 were HIV-positive.
There is no research evidence of female circumcision/genital mutilation, though there have been reports that it is taking place in some communities. Girls account for approximately 50 per cent of primary school enrolments. At secondary school level, they account for 55 per cent. However, they are generally out-performed by boys. An analysis of Standard 10 exam results shows that the pass rate among males is higher than among females. When it comes to school attendance there are problems specific to girls. The continued attendance of girls, particularly in rural areas, does not seem to be as important as the attendance of boys.
Some girls may be withdrawn from school so that they can prepare to be married and are then expected to bear children (However, it should be noted that of children aged 6-14 years, a greater percentage of boys than girls are out of school. This is usually for economic reasons, whereby boys are expected to bear the financial burden of a poor household.)
Pregnancy rates among school-going girls are high. By the age of 19 years, 35 per cent of all teenagers have been pregnant. The DHS found that antenatal care was received from a doctor, nurse or midwife for 94 per cent of all births. Eighty-four per cent of women surveyed received medical assistance at delivery. Maternal health care is being strengthened through, among others, the introduction of perinatal education programme for all health-care workers. The Choice on Termination of Pregnancy Act gives women the right to a safe and legal termination of pregnancy on request in the first 12 weeks, and for other specific conditions, up to 20 weeks of pregnancy.
Gender violence is a major problem. Studies in different parts of the country suggest that girls' first sexual encounters are coercive and violent. Sexual abuse is prevalent in schools from educators, fellow learners and outsiders who access schools.
e) to ensure support for parents and other caregivers in nurturing and caring for children; to prevent separation of children from their families and, where such separation takes place, to ensure appropriate alternative family care or institutional placement;
Traditional family structures of black South Africans have been profoundly altered by the institutionalised State racism of the apartheid era. Labour policies separated black women and men from their families, and widespread poverty has also impacted on household structures. Family life is under pressure due to economic factors, unemployment, lack of food security, violence and substance abuse. The majority of families living in poverty contain three, sometimes, four, generations. There is an increase in female-headed households High numbers of children are born out of formal partnerships. Poor families survive by drawing on a network of relatives and friends who can help them. Household structures are fluid as relations come and go depending on the availability of work and child care, the nearness of schools and the needs of relatives.
Unemployment rates are high at over 30 per cent, and over 40 per cent for women, with the rate being highest for rural African women. Parents who secure employment. Monthly income is strongly related to gender and population group - African women earn the least with 47,5 per cent earning less than R 500 per month.
Social security consists of means-tested grant payments to the elderly persons, persons with disabilities and households with children. This accounts for 91 per cent of welfare expenditure and is the government's primary investment in poverty alleviation.
In poor households State transfers account for 26 per cent of income, wages 40 per cent. Remittances 17 per cent and the remaining 17 per cent from other sources. The main beneficiaries often include households with young children.
The following social grants are available for children: the foster grant which provides support to relatives and substitute families who are providing a child in need of care with a nurturing and safe home environment. The care dependency grant is for care givers of profoundly mentally or physically disabled children. This is to enable the full-time care in the child's own home. The child support benefit grant is for children under the age of 7 years who qualify in terms of a means test weighted to rural areas and informal settlements.
The Transformation of the Child and Youth Care System, which began in 1995, focuses on children youth at risk, whether in conflict with the law or needing care and protection. The framework emphasises early prevention and intervention. Children in need of special protection and assistance can be brought before the children's court and if found to be in need of care, are placed in foster or residential care. In a crisis, a child may be removed without a court order and placed in a place of safety pending investigation.
There are over 140 registered children's homes in the country with over 700 beds and 37 places of safety with over 2 000 beds. While the use of children's homes has declined from the previous years and the number of children in foster homes has increased from 1997.
The foster parent system provides for formal statutory placement of children with screened and trained foster parents under the guidance of a social worker. Both related or unrelated persons may foster children.
f) to ensure priority for early childhood development; universal access to basic education: reduction of adult literacy; vocational training and preparation for work; and increased acquisition of knowledge, skills and values through all available channels;
Early childhood development (ECD) expansion and promotion is a key priority of the NPA. This year the government committed millions of rand in funding towards ECD. A national ECD pilot project has set standards and an accreditation system for practitioners. A feature of the pilot project is that it utilises existing community-based pre-school projects to offer the reception year programme and NGOs to train teachers. As part of the pilot project, children and families who live in extreme poverty are targeted. The project explores ways of supporting the needs of young children, their families and ECD educators in the inner city through a multi-functional resource centres.
The objectives of the flagship programme "Developmental Programmes for Unemployed Women and Children Under Five Years" include building women's capacity for economic independence and empowerment, as well as providing developmentally appropriate education for children aged 0-5 years. The programme provides access to ECD opportunities. Children are either placed in an existing ECD centre or are cared for by trained women at the project site.
The South African Schools Act of 1996 provides that basic education is compulsory for all learners from ages 7-15 years. The Act bans unfair admission policies and discriminatory educational practices, but school-governing bodies may decide on admission policies. A high portion of public expenditure is allocated to education - approximately 22 per cent of the total budget.
Enrolment rates in school are favourable compared to other developing countries. However, there are high repetition rates, poor learning outcomes and an adult illiteracy rate of 37 per cent. The apartheid legacy is vast in the education system, especially through the Bantu Education Act which institutionalised racism and disadvantage.
An estimated five per cent of children between the ages of 10-16 years are out of school. Learners outside the system include children on farms, children who do not attend school on a regular basis, street children. Learners with severe disabilities. Common reasons for being out of school include deep poverty, lack of a stable family, moving from place to place, or some children drop out of school to take care of sick parents.
There are policy commitments to support out-of-school children (flexible learning strategies and entry and exit points). Though enrolment rates are high, efficiency in terms of output remains a concern. Poor performance in schools is directly related to problems of quality - poor teacher-pupil ratios, textbook and equipment shortages, inadequate teaching practices and facilities - and inequitable funding.
The government launched the Tirisano Programme which identified nine main priorities to build an education and training system for the 21st century. The priorities include, decreasing levels of illiteracy, developing a professional quality among teachers, dealing with HIV/AIDS through education and training systems, and promoting learning through outcomes-based education. The Culture of Learning, Teaching and Service (COLTS) is a campaign which aims to improve efficiency and productivity in education and training systems. COLTS focuses on having all teachers teaching and all learners learning, eliminating crime in schools, basic resourcing of schools and involvement of communities in schools.
Curriculum programmes focus on outcomes-based approaches with a focus on skills, values and attitudes. The Language in Education Policy promotes the principle of maintaining home language which provides access to and the effective provision of additional languages. The most used medium of instruction in public schools is English, then Afrikaans, followed by Zulu and Xhosa.
Since 1993 there has been a growth rate in tertiary institutions (this includes technikons and universities). The Adult Basic Education and Training (ABET) policy seeks to address the historical inequities of apartheid. ABET programmes build partnerships between tertiary institutions, private sector, trade unions NGOs and other stakeholders in order to promote adult learning.
An Assessment Report on the Education system (2000) recommends, among others, the expansion of ECD programmes, greater spending of the education budget on direct inputs, the expedited building of schools and basic infrastructure, capacity building among personnel and the increase use of media and technology to enhance teaching and learning.
g)to ensure special attention to children living under especially difficult circumstances; including by ending their exploitation through labour; and by combating drug, tobacco and alcohol abuse among young people; Children living in especially difficult circumstances include children who are in conflict with the law, children who have been accused of crimes, children who have been abused, neglected or abandoned, refugee children, and children involved in labour. The new child justice Biu does, among other things, set new minimum age of criminal capacity, ensure individual assessment of each child, establish a new procedure called the Preliminary Inquiry and provides a creative range of sentencing options.
Although there is no specific statute setting out the law relating to children accused of crimes, there are a number of Acts which, read together, form a system for dealing with such children. These are the Criminal Procedure Act, the Correctional Services Act, the Child Care Act and the Probation Services Act, read together presently deals with children in conflict with the law.
Although it is often reported that crimes committed by children are on the increase., this is not borne out by statistics. Data show a steady drop in the number of children convicted per year since 1977
The Constitution stipulates that every child has the right not to be detained except as a measure of last resort. Such a child has the right to be kept separately from persons over the age of 18 years, and to be treated in a manner and kept in conditions that take into account the child's age.
The Department of social Development have increased their probation services to children in conflict with the law. Diversion programmes, run by NGOs and government, exist teaching children to be responsible for their actions. And a number of pilot projects aimed at trying out new and enhanced service delivery models are being run through partnerships between government and NGOs. Secure care centres for the detention, care and treatment of these children have been built in all nine premises.
Under current legislation, children can be sentenced to imprisonment. There is a statutory limit on the age of the child or on the length of the sentence. Case law has established age to be a mitigating factor, and that all children sentenced to imprisonment must have a probation officer's report presented at the court prior to sentencing. In practice, children under the age of 14 years are not often sentenced to imprisonment. The majority of people under the age of 18 years serve prison sentences of less than five years. According to Correctional Services as at the writing of this report, there are approximately 1 375 children serving prison sentences.
The legal system has an effective and reasonably prompt review system. A directive regarding the management of awaiting trial children has been issued. All children sentenced to terms of imprisonment of more than six months have their sentences taken on automatic review by a judge of the High Court, and sentences are regularly set aside or altered through this process.
CHILD ABUSE AND NEGLECT
Much child abuse and neglect remains under- or unreported, and there is no centralised data-collection system. In 1998, the Police Services Child Protection Unit dealt with 37 352 reported crimes against children. It is a criminal offence for any parent. guardian, or person having custody to ill-treat a child or allow a child to be ill-treated or abandoned.
The Child Care Act places statutory obligation on social worker, health care practitioner, teacher or any person employed by or managing a children's home, place of care and shelter, who suspects that a child has been ill-treated or intentionally injured to notify the director-general (or his/her designate) of the circumstances. The Prevention of Family Violence Act also provides for the reporting of suspected child abuse. The Domestic Violence Act allows for a protection order to be brought on behalf of a child exposed to abuse by someone with a parental responsibility. The application may be brought by a counsellor, health service provider, member of the Police Service, social worker or teacher without the consent of the child.
When a notification of abuse or neglect is received, it is investigated by a social worker, and if necessary, a children's court inquiry is instituted. If the child appears to be in grave danger, s/he may be removed to a place of safety. An integrated national strategy on child abuse and neglect is currently being developed with the full participation of all relevant government departments in consultation with NGOs and civil society. The government has committed to the creation of One Stop Centres for children who have been abused. These centres will ensure that the system is cohesive and co-ordinated and that children do not go from one service provider to the next in an ad hoc manner. Protocols on the management of child abuse cases have been developed in all nine provinces.
A number of prevention activities have been initiated. The SA Police Services conduct talks in schools, pre-schools and community groups. Curriculum in schools has a focus on child rights and child abuse as part of the Life Orientation learning area. Educators are being trained both to recognise signs of abuse and how to intervene in suspected cases of abuse.
Special protection in terms of the criminal procedure act is afforded to child victims testifying in court have special protections afforded to them by the Criminal Procedure Act. The court may- be held in private, with no-one present other than the child witness and his/her guardian. In cases when the court believes that the child will experience "undue mental stress or suffering" from testifying. The court may appoint an intermediary through whom all examination and cross-examination takes place. Special criminal courts for victims of sexual offences have been developed as pilot projects. A number of community organisations train volunteers as lay counsellors for children. In many areas, sexual abuse support groups are available for children from as young as five years old.
REFUGEE CHILDREN
Refugee children are a particularly vulnerable group. Some come with intact families, some with fragmented families, some with other adults, others alone. They are often traumatised, have lost family members or been exposed to war. The United Nations High Commissioner for Refugees along with local NGO partners provides basic assistance to a limited number of needy, vulnerable refugees. Access to education for refugee children are guaranteed.
The Department of Welfare has developed procedures to safeguard undocumented children or refugee children. The procedures include protection of children in accordance to the CRC, interdepartmental liaison when a child is being dealt with, and utilising the International Social Service, if necessary, to trace a child's family.
CHILD LABOUR
Many children work to support themselves or their families. While it is reasonable to expect children to contribute to household chores in some cases children have such severe responsibilities that their schooling is undermined. This includes children with full time responsibility for child care or care of sick relatives, and boys left to watch cattle the whole day. Girls are especially vulnerable because of their traditional household roles. However, it is difficult to establish the exact extent of child labour in South Africa due to the absence of accurate data on the numbers of economically active children and the invisibility of child workers.
In terms of the Basic Conditions of Employment Act (promulgated in March 1998), it is illegal to employ children under 15 or under minimum school leaving age. The Act protects children between 15 and 18 from hazardous employment and also prohibits forced labour. Any person who employs a child in contravention of the stipulated provisions, commits a criminal offence. This law is in line with the Minimum Age Convention (No 138,1973) of the International Labour Organisation.
The SA Schools Act, which requires parents to send children to school until the last day of the year in which child turns 15, or 9th grade, whichever is first, and the Child Care Act, which outlaws employment of children under age 15 (except where a notice of exemption is granted by the Minister and published in Government Gazette) also provide legal protection from child labour.
The Child Labour Inter-sectoral Group (CLIG) a national stakeholders forum co-ordinated by the Department of Labour, has developed a programme of action to address child labour problems and issues. This is a multi-pronged approach as legislation on its own will not be able to solve the problem of child labour which is poverty related.
Aspects of a Child Labour Action Programme includes a programme of awareness children and raising and education of parents, employers, children and employees,
steps to ensure effective enforcement of legislation on child labour and to monitor enforcement social and economic policies to combat poverty including job creation programmes focussed on needs of families and community investment in people from early childhood, and rehabilitation programmes for children withdrawn from work.
COMMERCIAL SEXUAL EXPLOITATION
Commercial sexual exploitation is categorised as one of the worst forms of child occur and child abuse. There are no official figures on the incidence or use of children prostitution and pornography as well as the sale and trafficking of children for commercial sexual exploitation. Qualitative research suggests that it is widespread and growing. The increase in tourism is likely to increase sex tourism.
A study on sexual exploitation of children in South Africa in 1996 identified poverty as a main contributing factor. The most common forms of exploitation at that were by families, sometimes as the only income in the family by community members in exchange for food money clothing or luxury items like soap shampoo, by peers at school in exchange for lunch or 50c, R2.OO, and by gangs who exploited children in exchange for money food or debts owed by parents or other family members.
The new Child Care Amendment Act .1999) has been promulgated by Parliament. The Act enforces the protection of children against commercial sexual exploitation. Provision has been made for law enforcement against perpetrators and those who own lease manage or occupy property on which commercial sexual exploitation of children occurs and fail to report such occurrence within a reasonable time Other legislation includes the Hague Convention on Civil Aspects of International child Abduction Act 1996, the Films and Publications Act of 1996 and the Basic Conditions of Employment Act.
ALCOHOL AND SUBSTANCE ABUSE
Alcohol misuse is one of the most common forms of risk behaviour among South African youth. A South African National Drug Master Plan was developed by the former Drug Advisory Board in response to drug abuse and its related harmful consequences. Youth are a priority focus of the plan. Objectives include provision of counselling, treatment and rehabilitation for young people. However the emphasis is on prevention through awareness raising and education of youth, their parents and teachers. Education programmes focus on healthy lifestyle alternatives, the development of general lifeskills and advocacy abilities
h) to ensure special protection of children in armed conflict and to build a foundation for a peaceful world by promoting the values of peace, tolerance, understanding and dialogue
No children in South Africa participate in armed conflict. The age for recruitment in the National Defence Force is 18 years. South African children have been, and still are, exposed to inordinately high and traumatic levels of violence in many forms - political, criminal, domestic and structural.
Between 1985 and 1995 there were more than 20 000 deaths as a result of political violence. More than half occurred in one province. Of all the crimes reported by young people, 59 per cent on incidents involve rape, 15 per cent assault, 10 per cent violence and intimidation.
Initiatives to curb violence and empower young people and their families include the Domestic Violence Act (1998). The Firearms Control Bill aims at reducing the proliferation of firearms by restricting the number of licences issues by the State and ensuring that those unfit to own guns do not obtain licences. The South African Schools Act outlaws corporal punishment in schools.
The Department of Health and many NGOs work to empower victims and provide mental health services to help those traumatised by violence. The Buyela ekhaya Project (go back home) has been established for families displaced due to violence on the East Rand.
The National Crime Prevention Strategy (NCPS) has been developed in response to the dire levels of crime. The strategy advocates a shift from crime control to crime prevention. The framework rests on four pillars: the criminal justice process, public values and education, environmental design and transnational crime.
A number of areas have Safe Schools projects. They use developmental approaches and involve the wider community and prevention training for staff and students. Safe Schools aims to develop schools into centres of excellence with strong community links, quality learning and teaching, effective governance and management. Prevention projects include conflict mediation, peer mediation, and community involvement.
i) to prevent the degradation of the environment by pursing the World Summit Goals, by inculcating respect for the natural environment, and by changing wasteful consumption patterns; Increasing access to basic water, sanitation and shelter, as well as ensuring food hygiene, has been the major focus of environmental health policy. Children are, however, exposed to other environmental risks such as exposure to air pollution and other harmful substances, such as lead, and it is their right to be protected from these. The White Paper on Environmental Management (1997) is a framework for addressing all aspects of the environment.
The Pollution Control project was initially piloted in one province and is now operating in all the provinces. This and STOP (Safety Towards Our People), which focuses on the safe use of chemicals, both emphasise good hygiene practices. There is an attempt to involve community-based organisations in these projects to make them self-sustaining.
j) to address poverty and debt; mobilize development finance; halt the net transfer of resources from developing to developed countries; establish an equitable trading system; and ensure children are given priority in economic and social development
While South Africa in per capita terms is an upper middle income country, many South Africans experience poverty, or are vulnerable to being poor. Income and wealth distribution is among the most unequal in the world, with black groups significantly poorer than whites.
The broad macro-economic policy - Growth, Employment and Redistribution (GEAR) - of the government was introduced in 1996 to help build the economy. There are many aspects of GEAR policy, which are potentially beneficial to children. These include a focus on redistribution, improving infrastructure and human resource development.
A stable macro-economic foundation is essential for sustainable economic growth, which in turn is good for children. Government has committed itself to continuing its policy of reprioritising public spending to maintain and improve the safety net available to the most disadvantaged in our society while ensuring that the quality of spending and service delivery is improved and children should be a priority focus.
One of the legacies of apartheid has been a large national debt. A key element of GEAR is to service the national debt. Servicing the debt has implications for spending in other areas. In 199912000, South African debt-service costs amounted to R 48 522 million, or 22.25 percent of the total budget expenditure. Regardless, the amount of money spent on social services, in proportion to other expenditures. is high compared to other similar middle-income countries. Over half of the budget, for example, is devoted to education, health and welfare services.
In the 2000 Budget Speech, it was noted that spending on social services will continue to take up the bulk of non-interest spending in 2000/01. Over time, personnel spending will grow less quickly than spending on other elements (such as textbooks, medicines, etc). The government committed itself to R582 million/year for the integrated nutrition program for the next three years, R16,9 million for 2000/01 for a new conditional grant designed to provide an enabling environment for the take up rate of the child support grant, and another grant of R202 million for the financial management and quality enhancement for education departments. Over the next three years, R500 million has been earmarked for the integrated HIVIAIDS strategy for children (involving the departments of health, education and welfare).
Millions of rand have been allocated to the poverty alleviation fund. The programme seeks to fight poverty by building capacity and creating jobs, particularly in rural areas.
Lessons Learnt
· Provide a summary of the key factors that have inhibited, or enabled progress for children, and an overview of the remaining challenges and key issues. Since the first democratic elections, much has been learnt regarding the situation of children. The focus of President Mbeki's presidency thus far has been on effective service delivery. Much has been achieved in this realm, but much more needs to be done.
In order for services to be delivered, policies and programmes must be implemented and the NPA is well placed to ensure that such implementation takes place. Although Provincial Programmes of Action for Children are active in all provinces, there is a keen awareness that the NPA process must continue to filter down to the local level. Creating and strengthening Local Plans of Action are key to the future of the NPA process.
In order for this localising process to be successful, there must continue to be effective co-ordination of the process and monitoring of implementation. Coordinating nine provinces and possibly hundreds of LPAs remains a challenge.
E. Future Action
Make recommendations for future national and international action including wherever possible, specific national commitments
The government of SA is committed to promoting and protecting the rights of her children. Through the NPA, the government is specifically committed to a number of child-related initiatives. Continued data collection and research on children is a vital initiative. Little reliable data is available from the past and SA 5 committed to creating and monitoring relevant data and information on children.
The NPA will continue to monitor and review existing, and upcoming, covemment programmes to ensure that they are in the best interests of the chil.d All government departments, nationally and provincially, are committed to ntersectoral collaboration. For instance, there has been a shifting of resources ~o early childhood development as well as the cementing of collaboration among the departments of health, welfare and education in this area.
The government commits itself to the sustainable promotion of children's rights.
Nationally, the government has given priority to issues of children by placing the
NPA at the highest government.
F Appendix
· National Statistics Appendix 1 Pg. 19
· Urban and Rural Breakdown - Appendix 2Pg 31
· Gender and Population Group - Appendix 3Pg. 39 Provincial Breakdown - Appendix 4Pg. 45
· Technical Notes Appendix 5Pg 9S
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