DWCPD PRESENTATION TO THE SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT ON THE IMPLEMENTATION OF THE CHILD JUSTICE ACT 23 OCTOBER 2013

OUTLINE OF PRESENTATION Brief Background and Strategic focus of the presentation Discussion: Progress made on child justice and challenges experienced Implementation and monitoring

PURPOSE OF PRESENTATION The Purpose of this presentation is to provide oversight support to the Select Committee on Security and Constitutional Development pertaining to the implementation of the Child Justice Act as requested. This presentation is based on the outcomes of the Combined Fourth Report on the United Nations Convention on the Rights of the Child (UNCRC) and The African Charter on the Rights and Welfare of the Child. The above reports were approved by Cabinet on 4 September and was processed to Dirco for depositing to the respective Committees.

INTRODUCTION AND BACKGROUND DWCPD’s reporting mandate includes the monitoring of the implementation of International and National laws, policies and programmes. The DWCPD actively participates in the coordination structures of the ISCCJ. Beyond this, the DWCPD is also responsible for the monitoring and reporting on International and regional Obligations. it is within this context that we provide the Committee some reflection on the outcomes of the UNCRC/AU REPORTS: South Africa ratified the United Nations Convention on the Rights of the Child on 16 June 1995. The fourth combined report was due on 15 July 2013. On 18 January 2002, the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child entered into force. South Africa ratified the protocol on the 30th of June 2003. The first report was due on 30 June 2005. This report will therefore provide progress for the period 2003 to 2011 In accordance with article 44 South Africa is obliged to submit periodic reports on measures adopted and progress made in terms the rights of children. South Africa ratified the African Charter on the Rights and Welfare of the Child on 7 January 2000.This is the first country report that will be submitted.

THE PROCESS OF DRAFTING THE REPORT DISCUSSION THE PROCESS OF DRAFTING THE REPORT Minister Xingwana informed Cabinet on 21 September 2011 about the status of treaty reporting on children and the process towards fast tracking outstanding reports.. The development and consultation of the three reports concerned happened simultaneously (October 2011 to September 2012) Extensive consultations were conducted with National government departments, in all nine provinces including government and civil society. The UNCRC and the ACRWC reports were approved by Cabinet and released to Parliament and the public on 5 December 2012 for Comments

DISCUSSION: DRAFTING OF REPORTS CONTINUE… Further inputs in the form of submissions were received during the public commenting period and incorporated into the final reports. The reports were approved by the Governance Clusters (JCPS; Social Development.; ICTS; G&A). The Cabinet approved the reports on 4 September and it is now on route to be deposited to the respective Committees by DIRCO. The periodic reports constitute a barometer on how the nation is progressing on the realisation of children’s rights and wellbeing.

PROGRESS MADE South Africa has made notable progress to accelerate the implementation of the international and regional treaties signed on the realisation of children’s rights.   The establishment of the Department of Women, Children and People with Disabilities (DWCPD) in 2009 to improve the coordination and monitoring mechanisms for children. There are 18.5 million children in South Africa. Almost 40% of the population is under 18 years. Using a lower-bound poverty line (equivalent to R575 per person per month in 2010), 60% of children are poor.  Administration of Justice (art. 37a and 40): Specialized courts an age of criminal responsibility: Responsive to the needs and protection of children & entrenches principle of restorative justice. In particular, remarkable progress has been made in regard to Child Justice. Acknowledge -all departments involved.

Challenges experienced and implications for implementation over the next five years The report indicates that there are a number of gaps within the scope of line departments that should be noted and aligned to the MTSF and Strategic Plans and monitoring mechanisms for the next five year reporting cycle: these are indicated in the full report E.g. : The review of legislation and policies to harmonise legislative provisions in terms of age and gender; review of the Age of Criminal Capacity (12yrs); the age of child marriage as per UN and AU treaties.

Challenges experienced and implications for implementation over the next five years Investments into prevention: Improvement of the mainstreaming of the Social Protection measures for poor children in all government’s programmes + economic/ development initiatives. Improvements Inter-sectoral institutional arrangements and coordination of child rights delivery architecture on national, provincial and municipal levels (joint programming). Case conferencing not implemented in most instances. Improvement of monitoring and evaluation capability on national, provincial and local spheres and in particular in all government departments to respond to government’s accountability and reporting obligations.

SPECIFIC CHILD JUSTICE IMPLEMENTATION: Closer alignment between child protection (Children’s Act) and Child Justice/ ACT. Many children in the child Justice system are children in need of care (CA). Strengthening the Courts that deals with children: Intermediaries to facilitate children’s effective participation (resources and training/interdepartmental arrangements) Provision of more microphones & general upgrading of facilities Special measures for children with disabilities. Least restrictive option: Supervision/reporting on of children placed in care of families Diversion: Accredited service providers/funding sustainability. Child care/secure care facilities for children involved with the law: inadequate provisioning and monitoring/reporting.

IMPLEMENTATION: Physical and psychological recovery and social integration: DOCS: has a comprehensive multi-disciplinary services available. An Evaluation during next financial year should be considered ). Educational services for children on remand. A joint initiative between departments recommended to address the current situation and challenges pertaining to the educational support services and programmes for children awaiting trail. Consideration of regularised monitoring and evaluation oversight engagements through out the child justice system required including multidisciplinary teams. These should be recorded and presented to Parliament. This will enhance the processes towards the review of the CJA.

ALL CHILDREN DESERVE THE BEST WE HAVE TO OFFER ACKNOWLEDGEMENT we wish to acknowledge the dedication and hard work of all online staff, senior management and Ministers who provide the ongoing inspiration and support to a sector that remains challenging to work in: ALL CHILDREN DESERVE THE BEST WE HAVE TO OFFER