Hon Speaker, hon members, the National Council Against Gender-Based Violence is being fully constituted by the Minister of Women, Children and People with Disabilities. I have been requested by the Minister, in my capacity as the chairperson of the SA National Aids Council, to serve as a patron of this council, and I have agreed to do so.
As a patron, my responsibility will be to spread the word, mobilise and endorse decisions of the council and the work that the council will be doing. This responsibility is still being fine-tuned as we speak. Thank you.
Hon Speaker, I thank the hon Deputy President for his answer. We all agree that violence against women and children is perhaps the most disturbing and appalling human rights violation and perhaps the most pervasive in our country. We therefore welcome government's initiative. And thank you for outlining your responsibilities in this regard.
However, hon Deputy President, one does not have to fear that the council will become yet another talk shop, considering that it has no powers of implementation. It is not clear whether the council has any new strategies to fight gender-based violence or even adequate resources to execute them. Without dedicated financial and human resources it will just be another great idea, yet another proverbial white elephant. Are we therefore not pinning our hopes on something that will never get off the ground?
In the light of this, hon Deputy President, how will you, as a key role- player, ensure that these challenges are addressed so that the council lives up to its mandate of being a government solution to the pervasive epidemic of rape and gender-based violence in our country? I thank you.
Through you, Speaker; hon Van der Merwe, the council is not meant to be a silver bullet to this problem. We have to deal with it as a societal problem and therefore mobilise all sections of the South African population. For instance, within the SA National Aids Council, Sanac, we have the men's sector which pays particular attention to this challenge. It's already mobilising the menfolk to say, "not in our name" and "no violence against women and children." That's the attitude. I suppose we need to mobilise sportspeople, traditional leaders, religious leaders and everybody to take a stance against violence perpetrated on women and children.
Most of it takes place in the home setting. We have had discussions with my colleague, Minister Mthethwa, that from the investigation angle, the SA Police Service, SAPS, should also up their game with regard to these cases. Of course, the justice system as well will have to treat these cases as the most serious offences. Thank you.
Through you, Speaker; thank you, Deputy President, for your reply. When one looks at the responsibilities given to the National Council Against Gender-Based Violence, one is met by a glaring omission of the role of the family in the fight against gender-based violence. The Green Paper on Families: Promoting Family Life and Strengthening Families in South Africa states that, and I quote:
Government recognises that many social ills in South Africa are the result of either weak family systems or non-existent families, altogether.
Since the government has recognised that many social ills, including gender- based violence, are the results of either a weak family system or the nonexistence of families together, what are the Deputy President, the council and the government planning to do to strengthen the weak family systems that have been identified as one way of combating gender-based violence? Thank you.
Hon Meshoe, as I've indicated, the council is really still being constituted, and I'm going to serve as a patron to the council. It is not meant to develop a detailed programme of work that it will undertake. So, that is work in progress as it is. We don't know yet if the role of the family as a unit in society would not receive prominence in the plan. I have taken note of what you have raised and I am sure that it can be factored into the programme of action. Thank you.
Speaker, hon Deputy President, considering that the National Council Against Gender-Based Violence is located within the budget and administration of the Department of Women, Children and People with Disabilities, whose budget is already overstretched and known for its skewed spending patterns, are we not setting it up for failure? Rather, why can't we combine the council with existing structures, such as the task team for hate crimes or the Intersectoral Committee on Sexual Offences, which are both placed within the Department of Justice and Constitutional Development, and spend the extra funds on the implementation of existing legislation and policies relating to gender-based violence?
Speaker, hon members, once again, as I have said, the council is being constituted under the leadership of the Minister of Women, Children and People with Disabilities, and the focus is really to co- ordinate all the work that is aimed at reducing or eliminating all the perpetrations of violence against women and children.
The suggestion that you have made is well taken. As I said, this is work in progress and it could be factored into the programme of action. The Ministry of Justice and Constitutional Development may, for instance, have a budget but would not have the capacity to mobilise because the learned members of that fraternity would not be known for mobilising, but known for making submissions about the interpretation of legislation and that kind of work. They would also be monitoring whether the enforcement is in accordance with the law and so on. So, this council will have the role of mobilising all of these instruments to address this challenge which is really of great, great concern to many, many people in our country today. Thank you.
Hon Speaker, I would like to applaud Mr Deputy President for having accepted to be the patron of the council because this is a direct response to issues raised at the Small Industries Development Organisation, Sido, during the 2011 country report. We believe that by having this council in place, which actually brought together the departments, provinces, civil society, nongovernment organisations, faith- based organisations, traditional leadership and government agencies, it will be able to talk to the people on the ground. Mr Deputy President, would you kindly share with this House your view on how you would make a difference with regard to violence?
Speaker, my view is that we should, firstly, strive to ensure that a home becomes a very safe sanctuary for women and children. Also, we must ensure that we eliminate the violation of the safety and rights of women and children because, when you look at the statistics, it is very clear that most of the violence takes place within the confines of homes. That should be our first target.
In order to win this battle, we need to mobilise and sensitise everybody to ensure that we educate the younger ones; for instance, we should socialise the boy-child differently. By so doing, we may be able to lay down a foundation for a future that will be free of these kinds of activities. That is why concerned men have decided to take a stance by going out to mobilise against the scourge of violence against women and children. Thank you.
Reasons for non-signature of Vienna Convention on the Law of Treaties
6. Mr J J McGluwa (ID) asked the Deputy President:
Why has the government not yet signed the Vienna Convention on the Law of Treaties, 1969? NO905E
Speaker and hon members, the 1969 Convention on the Law of Treaties regulates various aspects of treaties, including conclusion, interpretation and termination. The convention is regarded by many states, including our country, as forming part of customary international law, that is, its provisions are also binding on states that have not ratified the convention.
Section 232 of the Constitution of our country provides that:
Customary international law is law in the Republic unless it is inconsistent with the Constitution or an Act of Parliament.
The Vienna Convention, to the extent that it is part of customary international law, is therefore law in South Africa, and South African treaty practice conforms to its provisions. It is thus unnecessary to accede to the Vienna Convention. It has been acceded to by about 45 countries in the world, but it applies across the board to all countries that are signatories and those that are not. Thank you.
Hon Speaker, the Deputy President has failed to give a full and accurate picture of our international obligations. Article 80(1) of the Vienna Convention states that: All treaties signed after 1969 must be submitted to the Secretariat of the United Nations. Article 102 of the UN Charter states exactly the same. This means that South Africa cannot invoke the treaty in front of the United Nations in order to sanction its presence in the Central African Republic.
Further, the treaty is frowned upon for not being open and transparent. The Department of International Relations and Co-operation has confirmed that the extension of the 2007 memorandum of understanding cannot be considered valid. The department also confirmed that the Minister of Defence and Military Veterans did not receive full powers from the President to enter into international relations on behalf of South Africa. Therefore, does the Deputy President not think that it was irresponsible to send the SA National Defence Force to the Central African Republic, CAR, on a memorandum of understanding that did not fully comply with the procedures of the international law that are meant to safeguard against secretive, illegitimate and poorly drafted treaties? I thank you.
Hon Speaker, there is a question asked specifically on the Central African Republic. Therefore, this follow-up question may actually be in anticipation of the response that I'm going to give with regard to that question. But nonetheless, article 80 of this treaty, under the heading "Registration and publication of treaties", reads as follows:
Treaties shall, after their entry into force, be transmitted to the Secretariat of the United Nations for registration or filing and recording, as the case may be, and for publication. The designation of a depository shall constitute authorisation for it to perform the acts specified in the preceding paragraph.
Hon member Greyling has read this convention eclectically because he zoomed in on one section. It is very dangerous to read any law in that fashion. So, I would leave that to my colleague, Minister Radebe, to try and explain that this convention, as I said, applies across the board. That is why it has only been acceded to by 45 countries. Thank you. [Applause.]
Hon Speaker, hon Deputy President, my understanding is that this treaty carries within it the principle of continuity. In other words, the past South African regime, which was declared to be practising a crime against humanity through its apartheid philosophy that it followed, signed the treaty. Therefore, through this principle of continuity, it is necessary for the present government to either ratify the treaty or object to its content or the material areas it contains, depending on whether it complies with the spirit and the content of the 1996 Constitution.
According to my understanding, the question concerns the point whether we have signed it to comply with the principle of continuity or not? To me it's very fundamental. I thank you.
Hon Ngonyama, we have not signed this convention because the need for acceding to it is immaterial. If there is a feeling that we should perhaps accede to it, I would suggest that the portfolio committee, which deals with international relations, should mull over that issue. Of course, as the executive, our International Relations and Co- operation Ministry would no doubt be able to benefit from those discussions. As the executive, the matter can be considered whether we should really accede to it or not. At the moment, the position is very clear, that there is no need for us to accede to it.
Speaker, hon Deputy President, given that there is education being provided about this particular law, I think it is quite vital that we should continue doing that because it helps us to be able to reflect.
According to the Vienna Convention on the Law of Treaties, South Africa is a third state - a state which is not a party to the treaty. Articles 34 to 38 of the convention do not obligate or illustrate any reasons why South Africa, as a third state, should be a signatory to the convention. Noting the above, what would the advantages be for South Africa to become a signatory to the convention?
There was no question, hon Speaker. Thank you. [Applause.] [Laughter.]
Progress made in attaining zero new HIV and TB infections
7. Ms B T Ngcobo (ANC) asked the Deputy President:
What progress is being made to attain zero new HIV and TB infections as one of the goals of the overall National Strategic Plan on HIV, STIs and TB 2012-2016? NO910E
Hon Speaker, as you would no doubt know, HIV and tuberculosis epidemics have been some of the most profound challenges we have faced as a country. Our strategies and programmes continue to improve due to a better grasp of the scientific and social aspects of these diseases.
Over the past three years, a series of comprehensive studies and reviews have been conducted across the entire country and the findings have enabled us to develop a comprehensive, robust, evidence-based programme, as elaborated in our National Strategic Plan for HIV, TB and sexually transmitted infections for the period 2012-16. Over the same period, a number of highly impactful policies have been implemented to address the dual epidemics, including the social determinants thereof. These include the introduction of provider-initiated HIV counselling and testing, culminating from the roll-out of the world's largest HIV counselling and testing campaign. This campaign also helped us to identify people who are infected with TB, so enabling us to expand our interventions appropriately. Whilst providing treatment to those who are eligible, the new policies prioritised pregnant women and infants who have been exposed to HIV, as well as those co-infected with both HIV and TB.
Efforts to strengthen our health system include the introduction of new technology such as the GeneXpert machines, which make it possible to diagnose TB infection within two hours, thus improving cure rates. Most notably, we have increased resource allocation to the health sector across all three spheres of government to enable us to achieve our vision of a long and healthy life for all South Africans.
All these investments have moved us closer to our goals and, to date, some of the outcomes we have recorded include the following: over 20 million people have been tested for HIV since April 2010; over 10 million people have been screened for TB; the total number of people on treatment now stands at 1,9 million, which makes our programme the largest in the world; we have noted a decline in HIV and Aids-related mortality, especially among the 25-to 35-year age group; and the transmission of HIV from mother to child has decreased significantly over the past three years, from 8% in 2010 to 2,7% nationally.
Our programmes now include the School Health Programme, which was launched by the President last year, and we have begun screening and treating inmates for HIV and TB.
At the beginning of this month, the Minister of Health launched the introduction of the fixed-dose drug combination. This means that people on treatment will now receive one pill a day, instead of the three or more tablets they have had to take on a daily basis. This will improve adherence to treatment and reduce the costs of providing treatment to the large number of people who are eligible.
These achievements have not made us complacent. We continue to review our programmes and to introduce new and innovative approaches in line with international guidelines and protocols. In this regard, we will escalate the HIV Counselling and Testing campaign, by urging all South Africans to test at least once every year.
There will also be an activity in this regard here in Parliament. The Minister has been eager to have public testing and counselling launched for hon Members of Parliament, because, once the population has witnessed the leaders of institutions such as this House participating in campaigns such as these, it will encourage them and will go a long way towards reducing the stigma.
Prevention is the cornerstone of our response, and our National Strategic Plan emphasises the importance of scaling up prevention programmes across the length and breadth of our country. We have come a long way, and we recognise and acknowledge that more needs to be done. And, through multisectoral structures such as the SA National Aids Council, Sanac, the development community and many other community-based organisations, we will realise our dream of an Aids-free South Africa. Thank you. [Applause.]
Hon Speaker, the Deputy President's response was very detailed and elaborate. However, I would like to know if the Provincial Councils on Aids are just as active and are also working towards the same goal in all the provinces. Thank you. [Applause.]
Hon Speaker, in a number of provinces we have very effective provincial Aids councils. Of course, the situations are not the same; the best among them is the province of KwaZulu-Natal, followed by Gauteng and the Eastern Cape. In some of the provinces, structures still need to be stimulated. In the past week, we went to Mpumalanga province to hold a plenary session for Sanac, and it was clear to us that that province could do with a bit of assistance. We have, however, developed a programme which the Premier of the province, together with the secretariat of Sanac, will lead to ensure that all the structures in the province are resuscitated and invigorated. We will, as a practice, ensure that we convene the plenary sessions for Sanac in the provinces that are weak or that are trailing behind the other provinces, to ensure that we give them a bit of energy. Thank you. [Applause.]
Hon Speaker and hon Deputy President, Strategic Objective 3 of the National Strategic Plan on HIV, TB and STIs 2012-16 makes provision for and refers to provisioning of ward-based primary health care teams to assist communities and key participants. Will they be working together with ward committees and community development workers in their respective wards and, if so, how are these activities going to be financed?
Yes indeed, the answer is in the affirmative; they will be working within the wards. We already have examples of this and have invited the premiers of all provinces and MECs for Health to KwaZulu-Natal because, in KwaZulu-Natal, they have succeeded right down to local ward level. They have created what they call a "war room". This structure brings together all the key participants, from traditional leaders in rural areas to caregivers, community development workers, religious leaders and educationists. Everybody meets in the war room to co-ordinate their responses. The referrals are therefore very informed. In certain cases, for example, they come to the realisation ... they profile families, if one can put it that way. They know the situation of each household and the people who are on treatment. Such families are monitored and supported and where there are referrals that are needed to garner support from, say, the Department of Social Development or any of the Ministries, they do that from the war room itself. So, indeed, it is a model that is already available and is working. It is co-ordinated as a response to HIV/Aids and TB, and the funding comes through Sanac itself. That is why we raise funds from the President's Emergency Plan for Aids Relief, Pepfar, and from other international donors such as the Global Fund to Fight Aids, Tuberculosis and Malaria to support NGOs because this is a response which requires full participation of community-based organisations, and all manner of civil society organisations. Thank you.
Hon Speaker and hon Deputy President, we acknowledge that there have been some improvements. However, I would like to know if there is an attempt to ensure that pregnant and other women have broader access to antiretrovirals, ARVs. Also, is the Department of Health intending to reduce the current 400 CD4 count requirement to qualify for ARVs and perhaps bring it down to 350 or less? As we know, the sooner you start treatment, the sooner you have a good result. Thank you.
Yes indeed, the Department of Health is ensuring that people are put on treatment early enough to prevent mother-to-child transmission and to ensure that babies that are born to HIV-positive mothers are born HIV-negative. So, yes indeed, that is the thrust of the approaches. Thank you.
Hon Speaker and hon Deputy President, how do we expect to attain zero new HIV infections when the state of hospitals and clinics is so dismal that they become places that breed infections instead of stopping them, and messages of safe sex and better health have not succeeded in changing people's attitudes towards these diseases? Thank you.
Hon members, the approach of Sanac, together with the Department of Health, is to ensure that we emphasise prevention. Minister Motsoaledi has always been at pains to explain that we don't have to allow these diseases to spread and then wait at clinics and hospitals for people who are already infected. So our key message is prevention and more prevention.
Research has now indicated that there is a problem if the message is getting across and is well received, but when we look at both boys and girls, we find that there are more girls infected than boys. This means that we have a situation of older men having sex with young girls. That is a problem which requires a much more targeted response that tries to discourage these sugar daddies from taking advantage of young girls because they are spreading the disease among young girls.
Otherwise, we are winning the battle where young boys are concerned as there are fewer new infections among young boys than there are among young girls. So, we have to continue learning and innovating and also targeting our efforts to ensure that we eventually win this battle and attain zero new HIV infections. That is our strategic goal here. Thank you.
Government's recognition of legitimate government of Central African Republic
8. The Leader of the Opposition (DA) asked the Deputy President:
Who does the government currently recognise as the legitimate government of the Central African Republic? NO907E
Hon members, since the overthrow of President Francois Boziz's government in March 2013, the Economic Community of Central African States, Eccas, convened two extraordinary summits of heads of state and government to discuss the situation in the Central African Republic.
President Jacob Zuma participated in both summits at the invitation of President Idriss Dby Itno of the Republic of Chad. At the first meeting held on 3 April 2013, the Eccas heads of state and government condemned the unconstitutional change of power and recommended the establishment of a national transitional council in line with the agreement reached in Libreville in January 2013.
At the next summit held on 18 April 2013, the Eccas heads of state and government noted the establishment of the national transitional council and the appointment of the head of that council. The Eccas heads of state and government reminded the national transitional council that it must prioritise the restoration of peace and security, the revival of administration, economic activities and the preparation for regular elections during the transition period.
South Africa's position, therefore, in relation to the situation currently prevailing in the Central African Republic, takes cognisance of these developments and that, in fact, there is no elected government in that country, but a transitional council. Our position is consistent with that of the African Union. Of course, we underscore that in order to achieve lasting peace, prosperity and normality, the Central African Republic will need Africa's co-operation and the contribution from the international community. I thank you for your attention. [Applause.]
Mr Speaker, yesterday was an opportunity for the hon Minister of Defence to come before this House and provide us with clarity about what happened in the Central African Republic. We are, as many South Africans, deeply, deeply disappointed that the hon Minister opted instead to engage in a politicking exercise instead of accountability on this serious matter.
There is still massive controversy surrounding the reasons for the government's initial deployment of the SA National Defence Force, SANDF, to the Central African Republic. The memorandum of understanding purporting to sanction our involvement lapsed on 11 February 2007. More fundamentally, it is still unclear why we found it necessary, in the first place, to support a dubious character such as President Francois Boziz, who it seems had a mysteriously excellent relationship with this government.
Mr Speaker, the time has come once and for all to take Parliament into its confidence and end the continued speculation about what the next steps are regarding the Central African Republic. What form is this support going to take? Will the Deputy President, with absolute clarity here today, confirm or deny reports that the government is planning to redeploy troops to the Central African Republic? I thank you. [Applause.]
With a very straight face and a clear conscience, I deny that the government is planning to send troops to the Central African Republic. Thank you. [Applause.]
Hon Speaker, will the Deputy President tell us whether, given the fact that Parliament was informed that the SANDF was deployed to the Central African Republic, CAR, in order to provide training and that the Minister has subsequently admitted that the SANDF had in fact been deployed to the CAR as protection force, he agrees that President Jacob Zuma did not inform Parliament in appropriate detail about the reasons for the deployment of the SANDF to the CAR? The Deputy President has shown himself here today to be a master in the most gentlemanly manner of zigzagging his way around follow-up questions. I would therefore ask him to provide us with a simple yes or no. [Interjections.]
Order, hon members, order!
Hon Speaker, firstly, that is not a follow-up question. It is a different question because the question put to me was: Who does the government currently recognise as the legitimate government of the Central African Republic? That was the question.
However, having said that, there is a laid-out procedure of how troops are to be deployed beyond our borders; that procedure is well known to leaders of all political parties in this House. The President will speak to each leader of each party and also inform the Speaker of this august House in writing. That is the procedure, and that is the procedure that the President followed in this case. Thank you very much. [Applause.]
May I remind members of this House that supplementary questions must relate to the original question.
Hon Speaker, hon Deputy President, you have referred to the issue of the interim transitional council, which is currently being recognised by the government and the AU as, perhaps, the legitimate structure. The point that I myself want to invoke is the issue of the necessity for public diplomacy. When we, as a democratic country that prides itself on the processes that have unfolded in South Africa, take positions which negate the voice of the people here in South Africa and in the CAR, do we have the endorsement by civil society and by the people of that country? The reason why I'm asking this question is that we had President Bozize yesterday, and he had won elections, though it was through spurious means. He failed to sign the unity accord arising out of the elections of 2008. Thank you very much. [Time expired.]
Hon Ngonyama, this country that we are discussing now has no experience of a government being changed through democratic elections. From 1960, its first President was a gentleman called David Dacko, who was ousted in a coup by Jean-Bdel Bokassa, who later styled himself as an emperor. David Dacko came back in 1981 to stage a coup. He was later also overthrown in a coup by Andr-Dieudonn Kolingba. Andr- Dieudonn Kolingba was also ousted in a coup by Boziz in 2003. Now, Boziz has been overthrown in a coup by the current leader of the transitional council. [Interjections.] [Laughter.]
So, the United Nations and the African Union are tired of coups in that country and are pleading and calling upon everybody to support processes that can stabilise it and lay down a foundation for democracy. The tasks of this transitional council, according to the communiqu, are as follows: they must restore order, and the Central African Multinational Force, Fomac armed forces - Fomac yes, not focac; leave the latter part out of it, it's unparliamentary [Laughter.] - have committed to provide about 2 000 soldiers to assist in the process of stabilising the country and establishing an armed force, as well as a police force.
There is also a monitoring committee - chaired by the President of the Republic of Congo, or Congo-Brazzaville, to monitor the implementation of this agreement. The members of this national transitional council will not be eligible for election. The timeline for their work is 18 months. It is hoped that they will be able to craft a constitution and put it to a referendum and prepare for the elections of parliamentarians as well as the president. That is the function of this transitional council. It is in that context that the chair of Eccas is pleading with the AU and the United Nations to support this.
The United Nations was present during the summit, and so were the AU, the European Union, the United States of America and the government of France, as well as the organisation called the International French-Speaking Organisation. They were all represented, and our President was also invited by the President of the Republic of Chad to observe these deliberations. Thank you very much. [Applause.]
Mr Deputy President, yesterday we were told here by the DA that South Africa has no business in, and that it was not in South Africa's national interest to be in, a poor African country. Now, we are here to tell you, sir, that Africa is our home; in fact, it's our only home. [Interjections.]
Order, hon members, order! Proceed, hon member.
Africa is our home; in fact, it is our only home, Unlike others, who have a second home outside of the continent, it is our only home. We remain committed to achieving peace, stability and development in Africa, which we view as both a moral responsibility and an extension of our national interest. We understand that there is a self-reinforcing and parasitic relationship between conflict and instability on the one hand, and underdevelopment and poverty on the other; such that where there is conflict, strife and instability, there is inevitably underdevelopment and poverty marked by huge internal displacement and large numbers of refugees. Thank you. [Time expired.] [Applause.]
Unfortunately, the hon member had not completed his question. Therefore, could you give him an extension of two minutes or so? [Interjections.]
There will be no extension, hon Deputy President. [Laughter.] [Applause.]