South Africa's Second Country Report to the African Committee of Experts

MINISTER’S FOREWORD The Government of the Republic of South Africa is pleased to present the Second State Party Report to the African Union’s Committee of Experts on the Rights and Welfare of the Child since the presentation of the Initial Country Report in May 2013. The Second State Part Report provides information and data on the implementation of policies and legislation on the protection and promotion of children’s rights in line with the Children’s Charter. While we acknowledge that challenges relating to the violation of children’s rights still prevails, the State has taken additional measures to protect the rights and welfare of children and improve their wellbeing through an overarching legal, policy and administrative framework aimed at enhancing the children’s survival and development and realising their right to education, protection and participation. Of greater significance in this reporting period, the State has also ratified and recognised the economic, social and cultural rights of children. As a country, we acknowledge that education is an important instrument in equalising the individuals’ life chances. The National Development Plan prioritises Early Childhood Development (ECD), which forms the bedrock of the education system. In In this regard, various interventions continue to be strengthened, also budgetary allocations increased to ensure that children in rural areas as well as children with disabilities access the services. South Africa continues with its commitment to improve on the implementation of the African Charter on the Rights and Welfare of the Child and other International and Regional treaty obligations intended to realise the children’s rights. South Africa is proud to present this Report in memory of our late former State President, Mr Nelson Mandela who said: “There can be no keener revelation of a nation’s soul than the way it treats its children.” Lastly, as a country, we endeavour to continue to work hard to make South African a better place for all of our children. MS BATHABILE DLAMINI MINISTER OF THE DEPARTMENT OF SOCIAL DEVELOPMENT 2 EXECUTIVE SUMMARY This is the State’s Second Country Report on measures taken to give effect to the provisions of the African Charter on the Rights and Welfare of the Child (Children’s Charter) between 2013 and 2016. GENERAL MEASURES OF IMPLEMENTATION The State continues to strengthen legislative and policy framework to ensure that children’s rights are protected and realised in line with the Children’s Charter. The legal developments include the ratification of the International Convention on Economic, Social, and Cultural Rights; the passing of the Prevention and Combating of Trafficking in Persons Act; the Prevention and Combating of Torture of Persons Act; and the Protection from Harassment Act. These laws give effect to some of the most fundamental human rights contained in the Constitution of the Republic of South Africa Act, 1996, and the Children’s Charter. Numerous developments were made to address and reduce maternal and child mortality. The provision of comprehensive social security, including income support and a safety net for the poor, remains a cornerstone of the fight against poverty and inequality, especially among children. DEFINITION OF THE CHILD The State has taken measures to address issues relating to the definition of the child. While different policies and legislation have different age limits, which permit children to engage in certain activities, some of the sections in various Acts were amended in order to strengthen efforts towards the realisation of children’s rights. These include amendment of sections of the Sexual Offences Act and the Basic Conditions of Employment Amendment Act. However, more work is in progress to ensure that policies aimed at the protection and promotion of children’s rights are developed. GENERAL PRINCIPLES Several developments have been made in implementing policies and programmes to ensure that children’s rights to survival, protection, development, non-discrimination and participation are realized. While violence against children remains a challenge, the State has provided protective measures in related legislation to promote the best interest of the child and also respect the views of the child. 3 The National Development Plan and Outcome Priorities for children are also aligned to the obligations of the Children’s Charter and implementation is done by different Departments across all sectors. CIVIL RIGHTS AND FREEDOMS The rights of children to name and nationality, freedom of expression, thought, religion association and peaceful assembly are encapsulated in the the Bill of Rights in the Constitution of South Africa. The children born in South Africa are required to be registered within 30 days and the State issues to foreign nationals, acknowledgement of birth, which is a certificate that confirms that the child is born in South Africa The State provide documentation to refugee children, migrant children and unaccompanied minors in line with the provisions of the legislation and policies in South Africa. Asylum seeking and refugees children are assisted to apply for their status and unaccompanied, foreign trafficked children are assisted to be repatriated to their country of origin. ECONOMIC SOCIAL AND CULTURAL RIGHTS The State has made progress in implementing measures aimed at improving the right to education which includes incorporation of home language training, construction of schools and basic infrastructure in the rural areas and promotion of leisure, recreation and cultural activities in schools.Developments have been made in improving efforts to strengthen the rights of children with disabilities. The White Paper on the Rights of Persons with Disabilities provides policy direction for inclusion of persons with disabilities in critical services. The provision of accessible health services have been improved and through National Health Insurance (NHI) the State provide essential healthcare to all South Africans regardless of their ability to make direct monetary contributions. The percentage of households with access to piped water also increased. While commendable progress has been made on the treatment aspect of HIV and AIDS, challenges in relation to prevention, age-appropriate reproductive health education, as well as condom use remain prevalent. FAMILY ENVIRONMENT AND ALTERNATIVE CARE The State recognises the family as the fundamental unit of society and through the White Paper on Families, measures to strengthen the families have been taken to address social ills, such as teenage pregnancy, absent fathers, substance and drug abuse, violence against women and children, and HIV and AIDS. Progress have been made in Early Childhood Development (ECD) Policy, which recognises ECD as a public good and in this regard budget has been increased. The 4 maintenance of children continue to be enforced and the State has put in place effective and efficient measures for the management of maintenance matters. Implementation of the Children’s Act has also improved services for orphans and vulnerable children by providing various responses, which include placements in foster care, child and youth, care centres, Child headed households and adoption to ensure protection for all children. PROTECTION OF CHILDREN IN MOST VULNERABLE SITUATIONS The State has made taken measures to protect children in most vulnerable situations such as children with disabilities, children in situations of economic exploitation, sexual exploitation, trafficking and abduction, drug abuse, and street situations. While the State has put in place the Plan of Action for Anti-Substance Abuse, challenges relating to substance abuse still prevails. The National Drug Master Plan 2013 – 2017 (NDMP) has been developed and implemented to address this problem. In addition, progress has been made through the establishment of the Gender-Based Violence Command Centre, Child Labour PoA, Code of Conduct for the Protection of Children from Sexual Exploitation (The Code) and the National Action Plan to Combat Racism, Racial Discrimination, Xenophobia, and Related Intolerance. HARMFUL PRACTICES The State has made progress in discouraging harmful social and cultural practices against children. The practice of Ukuthwala received significant attention, the South African Law Reform Commission also published a Discussion Paper on Ukuthwala in 2014, and public hearings were conducted nationally While the death and mutilation of boys because of botched circumcision remains, a challenge it is being addressed through the development of a draft framework on prevention and early intervention programmes. The practice of mutilating children for purposes of muthi is also addressed. Through SAPS as well as the traditional healers, traditional leaders, communities mobilisation is done and negative social impact of that particular practice are indicated. The protection of children with albinism continues and the State convened the first national conference of persons with Albinism in 2014. CHILD JUSTICE While significant progress has been made in the implementation of the Child Justice Act, its success depends largely on the support for and acceptance of children who are in conflict with the law by their parents and their communities. The Child Justice Act has been in operation for five years and the need has been identified to commission research into the impact of the Act since its implementation It is imperative to inform the public and the media about

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