Presentation to the Portfolio Committee on Social Development – July 2018 - PowerPoint Presentation

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Presentation to the Portfolio Committee on Social Development – July 2018

Briefing by SAHRC on interventions taken to deal with the escalating statistics of rape and kidnapping of children

Contents

IntroductionsAreas of Concern

SAHRC‘s Interventions

Other InterventionsSAHRC Mandate

Challenges

RecommendationsConclusion

IntroductionThe Commission

appreciates the opportunity it has been accorded to engage with the Portfolio Committee. It is hoped that this will be the first of many engagements geared towards realizing the rights of children.

We believe that this Portfolio Committee is a critical stakeholder in the fight against violations of children’s rights.We are currently working on formulating a plan to create a Child Rights Unit within the Commission to strengthen our capacity to deal with promotion, protection and violation of children’s rights

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Introduction (continued)SAHRC is working with CGE to deal with the effects of gender based violence on children. The Commission in April this year published a research brief titled: ‘

Unpacking the gaps and challenges in addressing gender-based violence in South Africa’In the research brief SAHRC identified that the

primary targets of GBV, as victims, in South Africa are women and adolescent girls, exacerbated largely due to gender discrimination coupled with their lower socio-economic status.

https://www.sahrc.org.za/home/21/files/SAHRC%20GBV%20Research%20Brief%20Publication.pdf

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Areas of ConcernEarly child marriages – though this falls within the mandate of CGE, it is important that the Commission works with CGE to identify synergies and effectively deal with this social scourge.

Sexual assault of childrenUkuthwala – as this deals with the abduction of children and forced marriages.

Assaults and killings of children with albinism e.g. the mutilated bodies two children found in Mpumalanga in Feb 2018

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SAHRC’s InterventionNoting that children are particularly vulnerable the Commission has since 2012 dedicated a Commissioner to promote and protect children’s

rights.In this financial year, the Commission decided to have ‘violence’ as one of its running themes. As such the Commission will be conducting research on ‘Trafficking in Persons’. This is important as most people trafficked are women and children.

The Commission is also currently working with DOJ on the issue of ‘Trafficking in Persons’.

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SAHRC’s Intervention (continued)

Recognising that when the Commission receives criminal complaints it must report these to SAPs, the Commission has signed an MOU with SAPs to ensure better work

coordination.The Commission is lobbying to be designated as a Preventive Mechanism under the Optional Protocol to the Convention Against Torture. This gives it the power to monitor places of detention including child and youth care centres where children’s rights are usually violated.

The Commission is currently establishing a relationship with traditional leaders in an effort to advocate for children’s rights.

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Other Interventions

During the tenure of the present Commission, which commenced in January 2017, the Commission:Launched a national campaign to increase awareness of the rights of the child. The campaign included meetings with key sector stakeholders such as the Department of Social Development, and Civil Society Organisations.

Development of a Child Friendly Complaints Handling ProceduresDevelopment and circulation of materials on children’s rights:

colouring books, fact sheets, and posters, taking awareness to schools

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Other Interventions (continued)

Creating an accessible and child friendly Commission: Roll out of child friendly spaces in all provincial offices of the Commission

Establishment of an expert committee to advise the Commission on children’s rightsEngaging with

Parliament, through the office of the Speaker, to lobby for the establishment of a Multi-Party Caucus on children in the Parliament.Advocate for the promotion of children’s rights through focused interventions which include the convening of stakeholder dialogues, monitoring of draft legislation, and submissions to regional and international

instruments.One such intervention is the Commission’s work with the Orlando East Community in making the community safer for children in the wake of the alleged sexual assault against the children at AB

Xuma Primary School. This collaboration includes NMCF, the Regional Psychosocial Support Initiative (REPSSI) and the June 16 Youth Foundation

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Other Interventions (continued)

The Commission investigates complaints it receives and those it initiates of its own accord relating to the violation of the rights of children.Conducts site visits to child and youth care centres across the country.

Drafts discussion papers and opinion pieces to educate the public on the effects of violence, particularly corporal punishment, on children.The rights of children are factored into the monitoring and research work undertaken by the Commission

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IS THE SAHRC DOING ENOUGH FOR CHILDREN?SA “continues to face a number of historically persistent and emerging risks that are not adequately addressed by the current child protection system and which continue to present a challenge to the realization of children’s rights.” (SA Alternate Report to the UNCRC)

Other risks and obstacles highlighted by the report include the following:The majority of SA’s children live in poverty. Of the total population of 18.5 million, 11.7 million (63%) live below the Stats SA upper bound poverty line (R923 per capita in 2014)

IS THE SAHRC DOING ENOUGH FOR CHILDREN? (Continued)

A recent 2017 report by the Children’s Institute highlights a number of systemic failings against abused and neglected children which include the following:Physical abuse is not taken seriously

The needs of children with disabilities are not recognizedChildren are exposed to ongoing risksPoor record keeping prohibits evidence-based planningThe above notes the breadth of work related to children’s rights where the SAHRC should be taking an active role

Section 184 of the Constitution of the Republic of South Africa, 1996 mandates the Commission to:

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romote the respect for human rights and a culture of human rights

Promote the protection, development and attainment of human rights and

Monitor and assess the observance of human rights in the Republic

The Constitution empowers the Commission to:

Investigate and report on the observance of human rights

Take steps to secure appropriate redress where human rights have been violated

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SAHRC's Constitutional Mandate

SAHRC's Constitutional Mandate

Carry out research andEducate

International and Regional Instruments – The Commission is actively involved in promoting the ratification and domestication of international and regional human rights instruments through advocacy and policy interventions.

The Commission periodically engages with the United Nations Committee on the Rights of Children in this

regard

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ChallengesThe Commission is facing massive budget cuts which will hinder its ability to adequately monitor, to reach all children, particularly those in remote and rural areas, and to provide adequate support toward reforms to key public bodies who work with

children, as recommended by the United NationsAt the last financial year, the Commission had set aside a budget of R376

, 177 to the Commissioner in charge of promoting and protecting children’s rights. In this financial year the Commissioner has R 63 286.80 to promote children’s rights and the rights of migrants.

Capacity constraints - both human and financial

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Challenges (continued)

Inadequate responsiveness of government departments and Parliament.However to circumvent some of these challenges the Commission has:Partnered with a number of CSOs to advance the rights of childrenContinued to engage with government departments to ensure full implementation of the rights of children.

Drafted a business plan to establish a child rights unit within the Commission, as recommended by the United Nations Committee on the Rights of the Child, and is conducting a feasibility study for the establishment of such a dedicated unit

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RecommendationsThe Commission recommends:

That it be adequately resourced to carry out its mandate to promote and protect rights of all children in the country.That the Child Rights Unit be established within the CommissionThat a Multi-Party Caucus solely focused on children’s rights be established in Parliament.That all parliamentary committees be briefed on the rights of the child and conduct sessions which will enrich and facilitate interactions with line function departments involved in the protection and promotion of children’s rights.

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Conclusion

The Commission is concerned about violence against children, especially those who experience exacerbated vulnerabilities in child headed households, and on account of socio economic factors such as migration, location, disability and poverty.

The Commission notes that there is a need for effective cooperation by line function departments to better protect the rights of children

The Commission expresses appreciation to the Committee for the opportunity to present to it. It is hoped that this will be the first of many meetings geared towards realising the rights of children.

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QUESTIONSSocial Assistance Amendment Bill was withdrawn

Any progress made in this regard?Progress on Multi Part Caucus on Child Rights in ParliamentAny progress made in this regard?Better coordination of monitoring of children’s rights within DSD (National and Provincial)Contact persons

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THANK YOU20