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26 January 2000
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HR/CRC/00/22
26 January 2000
COMMITTEE ON RIGHTS OF CHILD URGES SOUTH AFRICA TO TAKE AFFIRMATIVE ACTION TO RAISE LIVING CONDITIONS OF CERTAIN PARTS OF POPULATION
The Committee on the Rights of the Child this morning concluded its consideration of the initial report of South Africa by recommending that affirmative discriminatory action be taken to raise the living conditions of certain parts of the population.
In preliminary concluding observations and recommendations on the report of South Africa, the Committee also urged the Government to take drastic measures to combat violence, criminality and sexual exploitation of children and to strengthen its policy in that direction.
The Committee will issue formal, written concluding observations and recommendations on the report of South Africa towards the end of its current three-week session, which will conclude on 28 January.
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 191 States parties to the Convention on the Rights of the Child, 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 3 p.m., it will meet in private to consider draft concluding observations on country reports already dealt with this session.
Discussion
In response to questions raised by Committee experts during the previous meeting, the members of the South African delegation said family courts had jurisdiction in all family-related matters, including domestic violence and divorce. Pilot project family court centres had been established in five major cities in South Africa. It was expected that legislation would be developed which would establish permanent family courts.
The delegation said that in the event of the disintegration of a family, the priority was to keep the child in a family environment or to remove the child to another place which was in his or her best interest. However, the preservation of families was currently receiving high priority in the welfare system with various initiatives and training programmes.
South Africa did not have any legislation or policy regulating inter-country adoptions, the delegation said. South Africa had not ratified the Hague Convention on the Protection of Children and Cooperation in respect to inter-country adoption until now. South Africa was reviewing its position on that issue and measures regulating inter-country adoption would be included in the new comprehensive child care legislation, which was now being drafted.
Further, the delegation said that due to current legislation constraints, inter-country adoptions could not be legalized in South Africa if the child was born of a South African citizen and the applicants were not South African citizens resident in the country. However, there were no restrictions on the adoption of non-South African children resident in South Africa, and they might be adopted by any suitable person. There were not many non-South African children available for adoption.
With regard to male circumcision, the delegation said that in South Africa boys underwent circumcision. The country's Constitution guaranteed the right to cultural practices. However, there had been specific programmes in some rural areas aimed at educating the community on basic hygiene and post-circumcision care.
Children who needed special protection and assistance could be brought before children's courts and placed in alternative care, the delegation said. Children were placed in foster care, children's homes and schools of industry. In a crisis situation, a child might be removed without a court order and placed in a place of safety pending further investigation.
The delegation said that 37 per cent of the welfare services component of the budget was spent on child and family services over the past budget year, with an emphasis on disadvantaged children. Although much was done to create a healthy family environment and to protect children, many children still had to be placed in alternate care. The number of children at risk was increasing in the country.
Breast-feeding was encouraged in South Africa for the best interest of the child, the delegation said. However, formula feeding was recommended in situations where the mother was infected with the HIV/AIDS virus. There was a campaign to prevent the transmission of the virus from mother to child through breast-feeding.
The infant mortality rate in rural African communities was estimated to be 94 per 1,000 live births, the delegation said. About 13 per cent of all deaths due to respiratory diseases occurred in children under the age of five. In addition, of the total number of AIDS cases reported up to the end of 1994, 10.7 per cent were children.
In follow-up questions, Committee experts asked the members of the delegation about the high rate of drop-outs and if there was a programme to put them back to school; if the use of traditional medicine was monitored to determined the accurate dosage; whether the Government was aware of the widespread consumption of tobacco and alcohol by teenagers; if the Government was implementing programmes aimed at improving the problem of mal-nutrition in the country; police brutality; child refugees and their detention; rehabilitation of victims of sexual abuse and punishment of perpetrators; and child labour, among other things.
The delegation said that the Government of South Africa could not be reproached for police brutality because of the fact that for the past five years, intensive training had been provided to the members of the police to improve their performance and their relationship with the population.
With regard to the recommendations of the Truth and Reconciliation Commission, there were no specific recommendations which the Government had to implement as it was alluded by one of the Committee members, the delegation said.
On tackling the problem of mal-nutrition, the delegation said the Government had taken a number of measures designed to alleviate problems relating to food. Despite the problems of mal-nutrition in the country, the Government did not stop its food exports.
Concerning child labour, the delegation said the Government was in the process of ratifying International Labour Office (ILO) Convention No. 138 on child labour. In addition, a campaign of public awareness had been launched to change people's attitudes on child labour.
The juvenile justice system was being reformed with the introduction of laws, some of which were still being studied, the delegation said. It further said that it will take back home the recommendation of the Committee to raise the age of criminal responsibility of a child.
The delegation was expected to answer the remaining questions in writing before the end of the session on Friday.
Preliminary Observations and Recommendations
The Committee congratulated the Government of South Africa for its comprehensive initial report and for sending a high-level delegation to respond to the questions raised by members of the Committee.
The Committee encouraged the Government to continue its implementation of the provisions of the Convention as it had in the past. The administrative and legal measures already adopted by the Government to tackle problems of children and to comply with the provisions of the Convention were welcomed by the Committee.
The Committee recommended that affirmative discriminatory action be taken to raise the living conditions of certain parts of the population. The delegation had said that the dismantled apartheid system had resulted in the creation of two nations in South Africa. The problem of housing should also be resolved through the allocation of additional resources. The Government should also raise the age of criminal liability of children.
The Government of South Africa was urged to take drastic measures to combat violence, criminality and sexual exploitation of children and to strengthen its policy in that direction. It was also encouraged to find solutions to those problems.
HR/CRC/00/22
26 January 2000
COMMITTEE ON RIGHTS OF CHILD URGES SOUTH AFRICA TO TAKE AFFIRMATIVE ACTION TO RAISE LIVING CONDITIONS OF CERTAIN PARTS OF POPULATION
The Committee on the Rights of the Child this morning concluded its consideration of the initial report of South Africa by recommending that affirmative discriminatory action be taken to raise the living conditions of certain parts of the population.
In preliminary concluding observations and recommendations on the report of South Africa, the Committee also urged the Government to take drastic measures to combat violence, criminality and sexual exploitation of children and to strengthen its policy in that direction.
The Committee will issue formal, written concluding observations and recommendations on the report of South Africa towards the end of its current three-week session, which will conclude on 28 January.
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 191 States parties to the Convention on the Rights of the Child, 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 3 p.m., it will meet in private to consider draft concluding observations on country reports already dealt with this session.
Discussion
In response to questions raised by Committee experts during the previous meeting, the members of the South African delegation said family courts had jurisdiction in all family-related matters, including domestic violence and divorce. Pilot project family court centres had been established in five major cities in South Africa. It was expected that legislation would be developed which would establish permanent family courts.
The delegation said that in the event of the disintegration of a family, the priority was to keep the child in a family environment or to remove the child to another place which was in his or her best interest. However, the preservation of families was currently receiving high priority in the welfare system with various initiatives and training programmes.
South Africa did not have any legislation or policy regulating inter-country adoptions, the delegation said. South Africa had not ratified the Hague Convention on the Protection of Children and Cooperation in respect to inter-country adoption until now. South Africa was reviewing its position on that issue and measures regulating inter-country adoption would be included in the new comprehensive child care legislation, which was now being drafted.
Further, the delegation said that due to current legislation constraints, inter-country adoptions could not be legalized in South Africa if the child was born of a South African citizen and the applicants were not South African citizens resident in the country. However, there were no restrictions on the adoption of non-South African children resident in South Africa, and they might be adopted by any suitable person. There were not many non-South African children available for adoption.
With regard to male circumcision, the delegation said that in South Africa boys underwent circumcision. The country's Constitution guaranteed the right to cultural practices. However, there had been specific programmes in some rural areas aimed at educating the community on basic hygiene and post-circumcision care.
Children who needed special protection and assistance could be brought before children's courts and placed in alternative care, the delegation said. Children were placed in foster care, children's homes and schools of industry. In a crisis situation, a child might be removed without a court order and placed in a place of safety pending further investigation.
The delegation said that 37 per cent of the welfare services component of the budget was spent on child and family services over the past budget year, with an emphasis on disadvantaged children. Although much was done to create a healthy family environment and to protect children, many children still had to be placed in alternate care. The number of children at risk was increasing in the country.
Breast-feeding was encouraged in South Africa for the best interest of the child, the delegation said. However, formula feeding was recommended in situations where the mother was infected with the HIV/AIDS virus. There was a campaign to prevent the transmission of the virus from mother to child through breast-feeding.
The infant mortality rate in rural African communities was estimated to be 94 per 1,000 live births, the delegation said. About 13 per cent of all deaths due to respiratory diseases occurred in children under the age of five. In addition, of the total number of AIDS cases reported up to the end of 1994, 10.7 per cent were children.
In follow-up questions, Committee experts asked the members of the delegation about the high rate of drop-outs and if there was a programme to put them back to school; if the use of traditional medicine was monitored to determined the accurate dosage; whether the Government was aware of the widespread consumption of tobacco and alcohol by teenagers; if the Government was implementing programmes aimed at improving the problem of mal-nutrition in the country; police brutality; child refugees and their detention; rehabilitation of victims of sexual abuse and punishment of perpetrators; and child labour, among other things.
The delegation said that the Government of South Africa could not be reproached for police brutality because of the fact that for the past five years, intensive training had been provided to the members of the police to improve their performance and their relationship with the population.
With regard to the recommendations of the Truth and Reconciliation Commission, there were no specific recommendations which the Government had to implement as it was alluded by one of the Committee members, the delegation said.
On tackling the problem of mal-nutrition, the delegation said the Government had taken a number of measures designed to alleviate problems relating to food. Despite the problems of mal-nutrition in the country, the Government did not stop its food exports.
Concerning child labour, the delegation said the Government was in the process of ratifying International Labour Office (ILO) Convention No. 138 on child labour. In addition, a campaign of public awareness had been launched to change people's attitudes on child labour.
The juvenile justice system was being reformed with the introduction of laws, some of which were still being studied, the delegation said. It further said that it will take back home the recommendation of the Committee to raise the age of criminal responsibility of a child.
The delegation was expected to answer the remaining questions in writing before the end of the session on Friday.
Preliminary Observations and Recommendations
The Committee congratulated the Government of South Africa for its comprehensive initial report and for sending a high-level delegation to respond to the questions raised by members of the Committee.
The Committee encouraged the Government to continue its implementation of the provisions of the Convention as it had in the past. The administrative and legal measures already adopted by the Government to tackle problems of children and to comply with the provisions of the Convention were welcomed by the Committee.
The Committee recommended that affirmative discriminatory action be taken to raise the living conditions of certain parts of the population. The delegation had said that the dismantled apartheid system had resulted in the creation of two nations in South Africa. The problem of housing should also be resolved through the allocation of additional resources. The Government should also raise the age of criminal liability of children.
The Government of South Africa was urged to take drastic measures to combat violence, criminality and sexual exploitation of children and to strengthen its policy in that direction. It was also encouraged to find solutions to those problems.