PRESENTATION TO THE PORTFOLIO COMMITTEE ON WOMEN, YOUTH AND CHILDREN AND PEOPLE WITH DISABILITIES Wednesday 30 May 2012

PURPOSE OF PRESENTATION 2 To report on progress made in finalising the following Country Reports: UN Convention on the Rights of the Child (CRC) second (2002) and the third (2007) reports Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography Optional Protocol on Children Involved in Armed Conflict. Periodic County reports and Optional Protocols to the UNCRC Committee and the Committee of Experts on the African Charter on the Rights of the Child. UN Convention on the Rights of Persons with Disabilities

PRESENTATION OUTLINE 3 1. Introduction 2. UN Convention on the Rights of Children (CRC) and its Protocols  Implementation Highlights  Drafting Process and Progress 3. UN Convention on the Rights of Persons with Disabilities (CRPD) and its Protocol  Implementation Highlights  Drafting Process and Progress  Depositing of the First Country Reports 4. Highlight of Challenges and System Weaknesses 5. Concluding Remarks

INTRODUCTION 4 TreatyDate RatifiedReports due UN Convention on the Rights of Child st Report: Deposited (1997) 2 nd Report: 2002 (Overdue) 3 rd Report 2007 (Overdue) 4 th Report 2013 (June) Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (Overdue) Optional Protocol on Children Involved in Armed Conflict (Overdue) African Union Charter for the Rights and Welfare of the Child (Overdue) UN Convention on the Rights of Persons with Disabilities 2007 (came in to force May 2008) 1 st Report : May 2010 (Overdue) 2 nd Report: May 2014 South Africa has ratified a number of conventions and protocols aimed at protecting and promoting the rights of children and people with disabilities:

UN CONVENTION ON THE RIGHTS OF CHILDREN (CRC) AND ITS PROTOCOLS 5 IMPLEMENTATION HIGHLIGHTS  First National Plan of Action for Children approved in  Second National Plan of Action currently being developed – due for submission to Cabinet in  The UNCRC and its protocols, as well as the AU Charter for the Rights and Welfare of the Child furthermore guided the development and review of key pieces of legislation.  The establishment of the DWCPD will furthermore strengthen the coordination mechanism once the Department is funded adequately to enable it to operate at full capacity.

UN CONVENTION ON THE RIGHTS OF CHILDREN (CRC) AND ITS PROTOCOLS 6 DRAFTING PROCESS AND PROGRESS UNCRC:  Government has completed the second (2002) and third (2007) UNCRC reports, but these were not deposited. Permission has been granted by UNCRC Secretariat that South Africa will submit a consolidated 2 nd, 3 rd and 4 th report by June  Inter-departmental Committee has met 6 times since September Final date for return of submissions: 15 June Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography  Reports to date have been received from DSD, Justice and Constitutional Development; NPA, Health, Labour, SAPS, National Treasury & Film & Publications Board.  Outstanding reports: Home Affairs, Transport, Communications, and Basic Education

UN CONVENTION ON THE RIGHTS OF CHILDREN (CRC) AND ITS PROTOCOLS 7 DRAFTING PROCESS AND PROGRESS  Optional Protocol on Children Involved in Armed Conflict  A submission is awaited from the Dept of Defence.  African Union Charter for the Rights and Welfare of the Child Submissions received for the consolidated 2 nd, 3 rd and 4 th UNCRC Periodic Reports will be utilised for the first Country Report on the ACRWC The DWCPD has developed a reporting tool to improve the quality of submissions. The consolidated reports will be deposited with the UN and AU respectively by June 2013.

UN CONVENTION ON THE RIGHTS OF CHILDREN (CRC) AND ITS PROTOCOLS 8 DEPOSITING OF THE COMPRESSED 2 ND, 3 RD AND 4 TH COUNTRY REPORTS  The draft will be introduced to the Cabinet system by before end of October 2013  The Cabinet-approved draft should reach Parliament for public hearings towards the end of January 2013  It is hoped that the final draft be submitted to Cabinet by end of March 2013  Depositing at the United Nations before end of June 2013

UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES (CRPD) AND ITS PROTOCOL 9 IMPLEMENTATION HIGHLIGHTS  South Africa played a central part in drafting of the UNCRPD, using its experience post 1994 of mainstreaming disability considerations in the SA Constitution of 1996, the development of White Paper on an Integrated National Disability Strategy (approved in 1997) and development of sector legislation, as basis;  Focus in 2007 – 2009 was on raising awareness of the articles contained in the UNCRPD across all three spheres of government as well as in civil society, and in particular the disability sector, but also in structures such as NEDLAC;  The establishment of the DWCPD in 2009 delayed key processes such as the legislative audit, update of the INDS through finalisation of the National Disability Policy, as well as roll-out of a coordinated disability awareness and accessibility campaigns and programmes due to capacity and budgetary constraints as Department was established  2012/13 development and articulation of a National Disability Agenda within context of five national government priorities.

UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES (CRPD) AND ITS PROTOCOL 10 DRAFTING PROCESS AND PROGRESS  First draft completed in September 2011;  Lack of detail and information at provincial and local sphere levels resulted in second phase of consultations;  UN-DESA facilitated a 3 day workshop for national departments on reporting requirements in November 2011 (also on CEDAW and CRC)  Total of 20 Submissions to date received: Arts & Culture, Basic Education, Communication, DPME, Energy, GCIS, Human Settlements, Labour, Mineral Resources, Public Enterprise, Public Works, Sports & Recreation, The Presidency, Tourism, Trade & Industry, and Water Affairs KwaZulu Natal, Gauteng, Limpopo and Western Cape No districts have to date submitted their reports

UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES (CRPD) AND ITS PROTOCOL 11 DEPOSITING OF THE FIRST COUNTRY REPORT  The second draft will be introduced to the Cabinet system by before end of July 2012  The Cabinet-approved draft should reach Parliament for public hearings towards the end of August 2012  It is hoped that the final draft be submitted to Cabinet by end of October 2012  Depositing at the United Nations before 3 December 2012

EXPECTATIONS FROM PARLIAMENT 12  Hold public hearings to verify the contents of the reports in order to minimise shadow-reporting and synchronise the General Assembly and ECOSOC processes  Request that the reports be debated to facilitate multi-party participation and consensus  Accompany country delegation when the reports are being processed by the UN system to enable Members to contribute to the political declaration and commitments

CHALLENGES AND SYSTEM WEAKNESSES 13  Lack of responsiveness by national departments, provincial governments and district municipalities in submitting reports within agreed deadlines;  Poor quality of content in reports – very little detail and data:  Slow pace of focused and treaty-linked mainstreaming of disability and children considerations in government-wide planning and reporting systems  Lack of disaggregated data systems within departments  Lack of knowledge management systems (institutional memory) in departments  High turnover of focal points, planning and M&E personnel in departments  Uncoordinated responses to regular as well as periodic reporting on treaties to UN and AU system  Lack of clarity with regards the role of DIRCO  Lack of integrated and centralised information/knowledge management system  Capacity constraints to coordinate consultation, conducting research and drafting reports within the DWCPD

CONCLUDING REMARKS 14 The DWCPD remains committed to strengthening its reporting capacity to the UN and AU. Focus is on, among others:  Filling critical vacancies within the resource constraints facing the department;  Finalising the M&E framework and tools for the mainstreaming of disability, children and gender considerations into the government- wide planning and monitoring and evaluation system, linked to our reporting obligations in the international treaties we have ratified as a country;  This will enable the Department to monitor progress with implementation on an annual, rather than 3-5 year period  Meeting deadlines by institutionalising reporting to the UN and AU

THANK YOU SIYABONGA RE A LE BOGA BAIE DANKIE ENKOSI 15