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25 January 2000
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MORNING
HR/CRC/00/20
25 January 2000
SOUTH AFRICA PRESENTS REPORT TO COMMITTEE
ON RIGHTS OF CHILD
South Africa this morning presented an initial report to the Committee on the Rights of the Child with a Government delegation saying that the damaging legacy of apartheid could not be underestimated and that the nation had been left with a history of under-development that permeated the political, economic and social structures of the society.
The remarks came as the Committee started its consideration of the South African report on how that country was implementing the provisions of the Convention on the Rights of the Child.
Introducing his country's report, Essop Pahad, Minister of the Office of the Presidency of South Africa, said that during the apartheid era, the situation in South Africa had been nothing short of a war on children. He said that South African children had played an important role in the struggle for liberation, but they had paid a heavy price for their contribution. That generation had sacrificed its youth for justice, freedom and liberation, he added.
The discussion over the course of the morning meeting focused on the general topics of non-discrimination; definition of the child; general principles of implementation of the Convention; and civil rights and freedoms.
The delegation of South Africa also included George Nene, Permanent Representative of South Africa to the United Nations Office at Geneva; Ooshara Swepaul, of the Department of Justice; Sulliman Bah, of the Central Statistics Department; Samson Phakwago and Thoko Mkhwanazi-Xaluva, from the Office of the Presidency; Annika Pienaar, of the South African Police Services; Margot Davids, of the Department of Social Services; Estelle de Klerk, of the Department of Health; Molly Kemp, Edscent Williams, and G.Mzondeke, of the Department of Education; David Chabalala, of the Department of Labour; Moerande Khoza, from the Office of the Prime Minister; and Andre Viviers, of the Free State Provincial Government.
South Africa is among the 191 States parties to the Convention and as such it is obligated to submit periodic reports to the Committee on the efforts made by the Government to comply with the terms of the treaty.
When the Committee reconvenes at 3 p.m., it will continue its consideration of the report of South Africa.
Report of South Africa
The initial report of South Africa (document CRC/C/51/Add.2) reviews the measures taken by the Government to meet the requirements of the Convention on an article-by-article basis. It enumerates the constitutional rights of the child and lists legislation passed in the past years, as well as legislation currently tabled in parliament or in preparation.
The report says that since South Africa ratified the Convention on the Rights of the Child, a great deal of work has been done to prepare the ground for change in the lives of children. The Constitution, with its crucial section 28 on the rights of the child, is in place. Legislation has been passed; more is envisaged; policies have been developed; and important partnerships between the Government and the society have been forged.
Concerning the principle of non-discrimination, the legal and constitutional context was outlined in the report as it is a fact that there remains, both in law and in practice, widespread discrimination. It is observed that the previous system, based as it was on institutionalized racism, makes this area a particularly important and difficult challenge.
The report says that attention is given to the best interest of the child through the significant research of the South African Law Commission, as well as projects undertaken by the Government to secure conformity with the Convention and the Constitution.
It also says that South African legislation relating to children is fragmented, with responsibility spread across several government departments. No composite piece of legislation exists. In addition, portions of existing legislation are incompatible with the principles of the Constitution and the Convention. New policy has to be developed in almost all departments and spheres of government to meet the requirements of the Convention.
Further, the report says that apartheid has left South Africa with a culture of violence, particularly at the local community level. Generations of children have been caught in the crossfire from an early age. Many children have seen violent death first hand and have developed the impression that violence is the only acceptable means to resolving conflicts.
The report also indicates that the HIV/AIDS epidemic sweeping the country is of profound significance to the well-being of the children of South Africa. It is estimated that there will be no fewer than half a million orphans whose parents have died of AIDS by the beginning of the year 2000. It is further estimated that a total of 2,391,164 adults and 57,077 babies are infected with HIV.
Introduction of Report
ESSOP PAHAD, Minister of the Office of the President of South Africa, underlined that the damaging legacy of apartheid could not be underestimated and that the nation had been left with a history of under-development that permeated the political, economic and social structures of the South African society.
During the apartheid era, the situation in South Africa had been nothing short of a war on children, Mr. Pahad went on to state. South African children had played an important role in the struggle for liberation, but they had paid a heavy price for their contribution. That generation had sacrificed its youth for justice, freedom and liberation.
Mr. Pahad continued to state that in the mid-1980s, the infant mortality rate among the African community was more than 50 per cent. Many deaths were caused by diseases which were preventable through immunization. At that time, during the system of racist homelands, vaccination in black areas was less than 50 per cent. The education system during apartheid was a stunning example of disparity. Schools in townships and in the rural areas were under-funded, under-resourced and ill-equipped. It would take time and determination to correct that gross inequality.
Some of South African children were born in prisons because their mothers were unjustly detained, Mr. Pahad said. Others were imprisoned themselves. In the mid-1980s, there were thousands of children who were detained for no reasonable cause.
Mr. Pahad said that together with the international community, South Africans had fought and defeated the apartheid regime. Since the birth of democracy, much had been achieved in improving the lives of children in South Africa. But still, the legacy of apartheid posed major challenges for the nation. Apartheid had resulted in what the President of the country had referred to as the creation of two nations: one black and poor; and the other white and prosperous.
In his concluding remarks, Mr. Pahad stressed that the South African Government was seriously concerned about the spread of the HIV/AIDS pandemic and its impact on women and children, on care-givers, and others. It was a challenge that the Government was committed to face in the region.
Discussion
Following the presentation of the report, Committee experts raised a number of questions on issues pertaining to the budgetary allocation for children; criminal liability of the child; dissemination of the Convention; the role of the media; and the status of the customary law within the South African society, among other things.
In response to the Committee experts' queries, the members of the South African delegation said that there was no specific or child-oriented budgetary allocation in the national plan. Nevertheless, issues pertaining to child rights were addressed by local and provincial authorities which generally evaluated the needs for their budgetary allocation.
South African media was free and the censorship board could not interfere except in very serious and special cases, the delegation said. The public broadcasting system had its own board which ensured compliance with the policies of the Government.
Customary law did not have a clear definition of a child or precise rules as to when childhood ended and adulthood commenced. The Constitution and the Convention provided that a child was any person under the age of 18 years. In addition, customary law could be used in court hearings, provided that it did not contradict the terms of the Constitution. Traditional leaders still played an important role, and they were consulted in certain matters relating to justice.
The age of criminal responsibility of a child had been raised from 7 to 10 years, the delegation said. However, a debate was in course to raise that age to 14, which was also the wish of the Committee. The Government would like to fix the criminal liability of a child between 10 to 14 years, depending on the gravity of the crime committed and the understanding of the child about his or her offence.
Follow-up questions were raised by Committee members on such issues as registration of child birth; the situation of children born out of wedlock; the percentage of international assistance allocated to children; affirmative action to vulnerable children; the impact of polygamy on children; prohibition of corporal punishment in the family; domestic violence in the society; and the role of non-governmental organizations.
HR/CRC/00/20
25 January 2000
SOUTH AFRICA PRESENTS REPORT TO COMMITTEE
ON RIGHTS OF CHILD
South Africa this morning presented an initial report to the Committee on the Rights of the Child with a Government delegation saying that the damaging legacy of apartheid could not be underestimated and that the nation had been left with a history of under-development that permeated the political, economic and social structures of the society.
The remarks came as the Committee started its consideration of the South African report on how that country was implementing the provisions of the Convention on the Rights of the Child.
Introducing his country's report, Essop Pahad, Minister of the Office of the Presidency of South Africa, said that during the apartheid era, the situation in South Africa had been nothing short of a war on children. He said that South African children had played an important role in the struggle for liberation, but they had paid a heavy price for their contribution. That generation had sacrificed its youth for justice, freedom and liberation, he added.
The discussion over the course of the morning meeting focused on the general topics of non-discrimination; definition of the child; general principles of implementation of the Convention; and civil rights and freedoms.
The delegation of South Africa also included George Nene, Permanent Representative of South Africa to the United Nations Office at Geneva; Ooshara Swepaul, of the Department of Justice; Sulliman Bah, of the Central Statistics Department; Samson Phakwago and Thoko Mkhwanazi-Xaluva, from the Office of the Presidency; Annika Pienaar, of the South African Police Services; Margot Davids, of the Department of Social Services; Estelle de Klerk, of the Department of Health; Molly Kemp, Edscent Williams, and G.Mzondeke, of the Department of Education; David Chabalala, of the Department of Labour; Moerande Khoza, from the Office of the Prime Minister; and Andre Viviers, of the Free State Provincial Government.
South Africa is among the 191 States parties to the Convention and as such it is obligated to submit periodic reports to the Committee on the efforts made by the Government to comply with the terms of the treaty.
When the Committee reconvenes at 3 p.m., it will continue its consideration of the report of South Africa.
Report of South Africa
The initial report of South Africa (document CRC/C/51/Add.2) reviews the measures taken by the Government to meet the requirements of the Convention on an article-by-article basis. It enumerates the constitutional rights of the child and lists legislation passed in the past years, as well as legislation currently tabled in parliament or in preparation.
The report says that since South Africa ratified the Convention on the Rights of the Child, a great deal of work has been done to prepare the ground for change in the lives of children. The Constitution, with its crucial section 28 on the rights of the child, is in place. Legislation has been passed; more is envisaged; policies have been developed; and important partnerships between the Government and the society have been forged.
Concerning the principle of non-discrimination, the legal and constitutional context was outlined in the report as it is a fact that there remains, both in law and in practice, widespread discrimination. It is observed that the previous system, based as it was on institutionalized racism, makes this area a particularly important and difficult challenge.
The report says that attention is given to the best interest of the child through the significant research of the South African Law Commission, as well as projects undertaken by the Government to secure conformity with the Convention and the Constitution.
It also says that South African legislation relating to children is fragmented, with responsibility spread across several government departments. No composite piece of legislation exists. In addition, portions of existing legislation are incompatible with the principles of the Constitution and the Convention. New policy has to be developed in almost all departments and spheres of government to meet the requirements of the Convention.
Further, the report says that apartheid has left South Africa with a culture of violence, particularly at the local community level. Generations of children have been caught in the crossfire from an early age. Many children have seen violent death first hand and have developed the impression that violence is the only acceptable means to resolving conflicts.
The report also indicates that the HIV/AIDS epidemic sweeping the country is of profound significance to the well-being of the children of South Africa. It is estimated that there will be no fewer than half a million orphans whose parents have died of AIDS by the beginning of the year 2000. It is further estimated that a total of 2,391,164 adults and 57,077 babies are infected with HIV.
Introduction of Report
ESSOP PAHAD, Minister of the Office of the President of South Africa, underlined that the damaging legacy of apartheid could not be underestimated and that the nation had been left with a history of under-development that permeated the political, economic and social structures of the South African society.
During the apartheid era, the situation in South Africa had been nothing short of a war on children, Mr. Pahad went on to state. South African children had played an important role in the struggle for liberation, but they had paid a heavy price for their contribution. That generation had sacrificed its youth for justice, freedom and liberation.
Mr. Pahad continued to state that in the mid-1980s, the infant mortality rate among the African community was more than 50 per cent. Many deaths were caused by diseases which were preventable through immunization. At that time, during the system of racist homelands, vaccination in black areas was less than 50 per cent. The education system during apartheid was a stunning example of disparity. Schools in townships and in the rural areas were under-funded, under-resourced and ill-equipped. It would take time and determination to correct that gross inequality.
Some of South African children were born in prisons because their mothers were unjustly detained, Mr. Pahad said. Others were imprisoned themselves. In the mid-1980s, there were thousands of children who were detained for no reasonable cause.
Mr. Pahad said that together with the international community, South Africans had fought and defeated the apartheid regime. Since the birth of democracy, much had been achieved in improving the lives of children in South Africa. But still, the legacy of apartheid posed major challenges for the nation. Apartheid had resulted in what the President of the country had referred to as the creation of two nations: one black and poor; and the other white and prosperous.
In his concluding remarks, Mr. Pahad stressed that the South African Government was seriously concerned about the spread of the HIV/AIDS pandemic and its impact on women and children, on care-givers, and others. It was a challenge that the Government was committed to face in the region.
Discussion
Following the presentation of the report, Committee experts raised a number of questions on issues pertaining to the budgetary allocation for children; criminal liability of the child; dissemination of the Convention; the role of the media; and the status of the customary law within the South African society, among other things.
In response to the Committee experts' queries, the members of the South African delegation said that there was no specific or child-oriented budgetary allocation in the national plan. Nevertheless, issues pertaining to child rights were addressed by local and provincial authorities which generally evaluated the needs for their budgetary allocation.
South African media was free and the censorship board could not interfere except in very serious and special cases, the delegation said. The public broadcasting system had its own board which ensured compliance with the policies of the Government.
Customary law did not have a clear definition of a child or precise rules as to when childhood ended and adulthood commenced. The Constitution and the Convention provided that a child was any person under the age of 18 years. In addition, customary law could be used in court hearings, provided that it did not contradict the terms of the Constitution. Traditional leaders still played an important role, and they were consulted in certain matters relating to justice.
The age of criminal responsibility of a child had been raised from 7 to 10 years, the delegation said. However, a debate was in course to raise that age to 14, which was also the wish of the Committee. The Government would like to fix the criminal liability of a child between 10 to 14 years, depending on the gravity of the crime committed and the understanding of the child about his or her offence.
Follow-up questions were raised by Committee members on such issues as registration of child birth; the situation of children born out of wedlock; the percentage of international assistance allocated to children; affirmative action to vulnerable children; the impact of polygamy on children; prohibition of corporal punishment in the family; domestic violence in the society; and the role of non-governmental organizations.