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25 January 2000

AFTERNOON
HR/CRC/00/21
25 January 2000


COMMITTEE ON RIGHTS OF CHILD CONTINUES REVIEW OF SITUATION OF CHILDREN'S RIGHTS IN SOUTH AFRICA


The Committee on the Rights of the Child this afternoon continued its consideration of the initial report submitted by the Government of South Africa on how that country was implementing the provisions of the Convention on the Rights of the Child.

In the course of their consideration of the report, Committee experts queried the members of the South African delegation on issues pertaining to
the situation of children belonging to minorities; the illegal practice of abortions; the nationality of children born in exile; the structure and functions of the children's parliament; freedom of association of children; problems of overcrowding in schools and the shortage of housing in general; and the shortage of libraries, among other things.

The delegation of South Africa was led by Essop Pahad, Minister at the Office of the Presidency of South Africa, and it included representatives from the Departments of Justice, Labour, Social Services, Health, Education, Central Statistics, Police Services, and other institutions relating to child rights.

As one of the 191 States parties to the Convention, South Africa must present periodic reports to the Committee on the measures adopted by the Government to comply with the terms of the international instrument.

When the Committee reconvenes at 10 a.m. on Wednesday, 26 January, it will conclude its consideration of the report of South Africa.

Discussion

Committee experts continued to put queries to the members of the South African delegation on, among other things, issues pertaining to the situation of children belonging to minorities; the distribution of land; the illegal practice of abortions; coordination of development in disadvantaged areas; the nationality of children born in exile; the structure and functions of the children's parliament; freedom of association of children; problems of overcrowding in schools and the shortage of housing in general; he shortage of libraries; and the monitoring role of non-governmental organizations.

In response, the members of the delegation said that South Africa had no structural adjustment programme. The Government also pursued a policy in which it evaded taking foreign loans to finance its economy. Borrowing was easy and refunding was difficult and the Government had no intention of indebting future generations. The rate of social expenditure was in advance of the countries of the region. Since ratification of the Convention, the Government had increased spending on education, health and welfare.

The Human Rights Commission was financed by the Government while its membership was named by the parliament, the delegation said. The fact that the budget was allocated by the Government, did not entail any interference by the Government in the functioning of the Commission.

In the South African school system, parents had power and played a role in school governing bodies, the delegation said. The Government encouraged parents to take an interest in the activities of educational institutions.

Corporal punishment in schools was outlawed by the South African Schools Act, the delegation said. In addition, corporal punishment of children in residential care such as children's homes, schools of industry and reform schools was no longer permitted according to the amended regulations to the child care act.

With regard to female genital mutilation, the delegation said that the challenge of circumcision of children was an issue that was much debated nationally. Many children in South Africa underwent circumcision, particularly children from Jewish, Muslim and some African communities. In addition, ritual processes were held to celebrate the first day of girlhood of a female child.

In order to solve the problem of registration of child birth, the Government had employed mobile units to access remote areas, the delegation said. However, late registration of child birth still existed. The Government was hoping to reduce such delays.

The number of divorces had increased from 29,000 in 1994 to 32,000 in 1996, and the number of children affected by the process of divorce had also increased, the delegation said. The Government was planning to reform the family law to reduce the rate of divorce. Counselling services for parties affected by divorce were mainly confined to non-government organizations.

Clandestine abortion was on the rise in the country although the practice was legally recognized, the delegation said. Children over 18 years of age had the right to choose to have abortions if they wanted. The law had accorded adolescents the right of access to health to request termination of pregnancies. However, because of societal bias and rebuff, some adolescents preferred to do the abortion illegally and in a clandestine manner.

The delegation said that it was a practical reality that the voices of children were hardly ever heard, and much less taken into consideration. Nevertheless, the situation was changing and more and more organizations and state institutions supporting democracy were now actively involving children in the participatory process.

Violence among youth remained high and was still a cause for serious concern, the South African officials said. The Government had taken a series of measures to redress the situation by contracting a consultant to develop and evaluate programmes in six schools in three provinces. The results of that pilot study would be used to extend programmes throughout the country.

Committee members raised supplementary questions on police brutality; care institutions; the juvenile justice system; decentralization of rights of children and transferring more tasks to local authorities; the outcome of the Truth and Reconciliation Commission on the violation of children's human rights; the cause for the high rate of HIV infection among adolescents aged 15 to 19 years; the policy on AIDS; child sex abuse in the family; and breast-feeding, among other things. The delegation will provide answers to these questions tomorrow.