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Experts of the Committee on the Rights of the Child Congratulate South Africa on Significant Progress Made on Birth Registration, Ask About Efforts to Improve Child Mortality and Malnutrition, and Forced Marriage

Meeting Summaries
The Committee on the Rights of the Child today concluded its consideration of the combined third to sixth periodic report of South Africa, with Committee Experts commending the State for significant progress made on birth registration, and asking about how it planned to improve the high rates of child mortality and malnutrition, and the practice of ukuthwala, a form of forced marriage.

A Committee Expert congratulated the Government for the significant progress made in the area of birth registration.  Could an overview of the programmes for birth registration be provided?  Had they been evaluated?

Phillip D. Jaffe, Committee Expert and Coordinator of the Country Taskforce for South Africa, noted that poverty rates were very high in South Africa and varied considerably between urban and rural children – more than double from one to the other.  Child mortality rates for infants and children under five remained high, and some figures showed that these had increased post-COVID.  How were the underlying determinants being addressed, particularly malnutrition? High rates of multi-dimensional poverty were having an impact on children’s development.  What plans were underway to improve child mortality rates and development outcomes for children?

An Expert was concerned about harmful practices carried out against children in the State party, including the abduction of girls for the purpose of forced marriage, or ukuthwala.  What was the exact situation of ukuthwala and what measures were being undertaken to achieve a complete ban on this practice?  What was being done to help children who were already married?

The delegation said there was a severe acute malnutrition fatality rate in South Africa; this had declined from 12 per cent to seven per cent from 2013 to 2022. This had been identified as a particular issue, and the State was attempting to make strides in this regard, including through trying to improve access to primary health care in the country. Regarding poverty, South Africa had identified some of the underlying causes, including the family structure. A programme had been implemented across all nine provinces in the drop-in centres, which ensured that nutrition and educational support was provided to children.  This ensured that children were able to receive a meal. One million children had benefitted from this programme over the past five years. 

The delegation said the South African Government had sought to put in place legislation and policies which addressed harmful practices.  Cases of ukuthwala were reported as abduction and were prosecuted as such.  The Government continued to implement social change programmes targeting girls, traditional leaders and local communities.  The Government had developed a marriage bill which addressed the issue of child marriages. 

Introducing the report, Isabella Sekawana, Acting Deputy Director-General, Welfare Services, National Department of Social Development of South Africa and head of the delegation, said the Government had redoubled the efforts to protect and uphold the rights of the child from a policy, legislation and implementation point of view.  South Africa was making strides in addressing violence against children.  Efforts had been made to strength education and awareness through the 365 days programmes of action on no violence against children and women.  A significant milestone was the endorsement and adoption of the five-year National Plan of Action for Children 2019-2024 by the Cabinet.  The next plan would take the recommendations made by the Committee into account. 

In closing remarks, Mr. Jaffe thanked the delegation for the valuable exchange on the situation of children in South Africa. The Committee had heard about myriad programmes, policies and initiatives to address the wellbeing of children, and the challenges related to their implementation. Reducing poverty could easily qualify as a top priority. 

 

Ms. Sekawana thanked the Committee for the opportunity to have presented the report, and was grateful for the robust engagement.  South Africa looked forward to receiving the Committee’s concluding observations and recommendations, and would ensure these were translated into an action plan for children. 

The delegation of South Africa consisted of representatives from the National Department of Social Development; the Free State Provincial Government; the Northern Cape Provincial Government; the Eastern Cape Provincial Government; the National Department of Home Affairs; the National Department of International Relations and Cooperation; and the Permanent Mission of the South Africa to the United Nations Office at Geneva.

The Committee will issue its concluding observations on the report of South Africa at the end of its ninety-fifth session on 2 February.  Those, and other documents relating to the Committee’s work, including reports submitted by States parties, will be available on the session’s webpage.  Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here

The Committee will next meet in public at 3 p.m. on Thursday, 1 February for an informal meeting with States parties.

 

Report

The Committee has before it the combined third to sixth periodic report of South Africa (CRC/C/ZAF/3-6

Presentation of Report

 

ISABELLA SEKAWANA, Acting Deputy Director-General, Welfare Services, National Department of Social Development of South Africa and head of the delegation, said this year marked the 30-year celebration of South Africa’s Constitutional democracy. The Government had redoubled the efforts to protect and uphold the rights of the child from a policy, legislation and implementation point of view.  New policies had been drafted, including the children’s amendment act 2022, the basic education laws amendment bill, the whitepaper on citizenship, the revised whitepaper on families 2022, and the marriage bill 2022.  Children were involved in the drafting of policies and interventions. The State had invested in various digital platforms, including social media advocacy, to engage children on areas which were of concern to them, to effectively speak to them in their language. South Africa had solicited support from civil society, businesses and development agencies.  The State was implementing the ‘side-by-side’ caregiver support campaign through technology and emerging communication sciences, which aimed to ensure that children under five received nurturing care.  The State’s interventions were now present in all nine provinces, including rural areas. 

South Africa was making strides in addressing violence against children.  However, this still remained a serious concern.  Efforts had been made to strength education and awareness through the 365 days programmes of action on no violence against children and women.  The State was concerned about high levels of substance abuse in the country, especially among children, and was rolling out an integrated substance abuse programme across the country to address this scourge.  A policy on the prevention and treatment of substance use disorders in July 2023 was presented to the Cabinet Committee for public comments; inputs were received and were being incorporated in the policy, which would be presented to the Cabinet for approval during 2024. 

South Africa had signed bilateral partnership agreements with countries, including Lesotho, Côte d’ Ivoire and Zimbabwe, amongst others, to share best practices on matters pertaining to children, and had seen significant progress in this area. A significant milestone was the endorsement and adoption of the five-year National Plan of Action for Children 2019-2024 by the Cabinet.  This comprehensive overarching plan brought together the Government’s obligations in the realisation of the rights of children throughout the country, and ensured fully accountability.  The next plan would take the recommendations made by the Committee into account.  Ms. Sekawana concluded by stating that although the State had recorded significant progress, much more needed to be done, and South Africa needed to be deliberate in the steps taken.

Questions by Committee Experts

 

PHILLIP D. JAFFE, Committee Expert and Coordinator of the Country Taskforce for South Africa, said South Africa held a notable position, shaped by its unique history and its presence on the world stage; the recent filing at the International Criminal Court of Justice was case and point.  It was understood that South Africa aimed to be a shining beacon and an example in children’s rights, throughout the region and globally.  When would the Optional Protocol on the communications procedure be ratified?  What specifically had been amended regarding the Children’s Act?  How did this impact on the new National Plan of Action for Children?  South Africa should be commended for the progressive medium-term strategic framework; would this be renewed?  How would this be aligned more precisely with the National Plan of Action for Children? Could examples be provided on the national anti-corruption strategy?  Information had been received that provinces were not funded in an equitable way and services for children varied considerably; could the delegation comment on this?  What was the strategy to disseminate the Convention and how was it related to the Constitution and the African Charter? 

Had there been any significant climate-related initiatives since the conference in Durban, particularly regarding extractive industries?  South Africa had a commendable anti-discrimination policy, but reports had been received of discrimination against a variety of groups. How was public awareness being raised around these groups?  Poverty rates were very high in South Africa and varied considerably between urban and rural children – more than double from one to the other.  Would it be possible to ensure that the Nelson Mandela Children’s Parliament received more support?  Child mortality rates for infants and children under five remained high, and some figures showed that these had increased post-COVID.  How were the underlying determinants being addressed, particularly malnutrition?  High rates of multi-dimensional poverty were having an impact on children’s development. What plans were underway to improve child mortality rates and development outcomes for children?

A Committee Expert said there had been progress made on birth registration in the country.  What were the strategies in place to systematically identify all undocumented children housed in shelters across the country? What procedures were in place to receive a birth or nationality certificate?  How was the Government harmonising its birth registration system, including by removing obstacles for migrant children, refugees or other individuals who did not have South African nationality?  Was South Africa planning to ratify the two conventions on statelessness? What additional measures were planned by the Government to allow vulnerable children to access information on par with other children?

One Committee Expert noted that despite being prohibited, corporal punishment was still a prevalent issue.  What was the reality in the country?  Did children have safe and confidential complaints mechanisms?  What were the training programmes for education providers on positive discipline techniques?  The Committee was concerned at the high prevalence of violence against children and the weak implementation of legislation and policy programmes. How were the two Presidential degrees focusing on gender-based violence being implemented?  How were perpetrators prosecuted and sanctioned, and what reparations were provided to victims?  From information received, it was understood that there was a growing risk of online sexual and commercial exploitation of children in the country.  What was the actual situation like and what measures were being taken to address these issues?  What measures were being implemented to tackle the root causes of violence and abuse?  What was being done to combat cyber bullying?

The Expert was concerned about harmful practices carried out against children in the State party, including the abduction of girls for the purpose of forced marriage, or ukuthwala.  Serious concerns related to the practice of ukuthwala had been underlined by the Committee, as well as the effective legal and policy measures which needed to be implemented for its elimination.  What was the exact situation of ukuthwala and what measures were being undertaken to achieve a complete ban on this practice?  What was being done to help children who were already married?  What measures had been taken to strengthen prevention and protection measures for children with albinism, particularly in rural towns?  What steps had been taken to eradicate intersex genital mutilation?

The Committee’s general comment 26 had made a significant breakthrough by including ‘children must be protected from all forms of physical and psychological violence and from exposure to violence, such as domestic violence or violence inflicted on animals’.  The popular and societal acceptance of child participation in animal trophy hunting was horrendous.  Did the State party plan to criminalise this practice urgently?

 

Responses by the Delegation

 

MXOLISI NKOSI, Permanent Representative of South Africa to the United Nations Office at Geneva, said on South Africa’s thirtieth anniversary of Constitutional democracy, the State was more committed than ever before to ensure the protection and promotion of the rights of children, who were the future of the country. 

The delegation said the State had received legal advice and was considering the ratification of the Optional Protocol on communications.  Comprehensive amendments were undertaken for the Children’s Act which were submitted to Parliament for consideration.  Changes had been made specifically to the child protection system and the foster care system. The top-up child support grant was introduced to assist children within the system.  There was a provision in the current amended Children’s Act which provided for the establishment of child protection units.  Child protection was everybody’s business, and therefore coordination mechanisms needed to be implemented to ensure all efforts came together in this regard. 

The delegation acknowledged the disparities regarding the equitable funding of children in provinces. There needed to be strategies and guidelines for parity, and there needed to be funding from the national treasury.  A strategy had been developed for funding to address this issue.  South Africa was currently in a tight fiscal situation which made providing additional resources difficult. 

The amendments to the Children’s Act sought to ensure that the country aligned to its Constitutional obligations.  It was important for children to participate in issues which affected them.  Following the global conference in Durban, a plan had been adopted to end child labour.  Additional support was also provided for children to receive nutrition at school.  During the summit against gender-based violence and femicide, children had been invited to participate and make recommendations. 

To combat xenophobia, the State had launched campaigns in schools which encouraged social cohesion, allowing children to play together and limiting discrimination between migrant and national children.  Every day was meant to be a child protection day in South Africa; awareness raising campaigns ran 365 days a year.  Consultations with children had revealed that a new pillar relating to violence against children needed to be crafted urgently.  The State was working with the Albinism Society of South Africa to demystify some of the myths surrounding albinism in the communities.  The Child Protection Register was operating throughout provinces and allowed communities to report instances of violence against children.   

The South African Government had sought to put in place legislation and policies which addressed harmful practices.  The Government had implemented the Customary Initiation Act regarding initiation schools. Provincial initiation task teams had been established, which monitored initiatives to detect illegal practices and deaths due to initiation.  Ongoing awareness campaigns were carried out to target initiatives, parents and the communities.  Media campaigns were also carried out during the initiation season.  The practice of ukuthwala was condemned by the Government of South Africa.  Cases of ukuthwala were reported as abduction and were prosecuted as such.  The Government continued to implement social change programmes targeting girls, traditional leaders and local communities.  The Government had developed a marriage bill which addressed the issue of child marriages. 

The Government had scripted lessons regarding sexual orientation and sexual identification. Anti-bullying campaigns had been distributed on media channels throughout the country.  A guidebook on cyber bullying had been drafted.  A toll-free number was available for children to call and report cyber bullying.  Significant advocacy was being done throughout the social sector collectively. The Nelson Mandela Children’s Parliament was a platform which allowed children from all provinces to gather and participate on various child-related matters.  All of the issues raised were incorporated in programmes of government. 

Infant mortality rates had decreased from 2021 to 2022, but only minimally.  There was a severe acute malnutrition fatality rate in South Africa; this had declined from 12 per cent to seven per cent from 2013 to 2022.  This had been identified as a particular issue, and the State was attempting to make strides in this regard, including through trying to improve access to primary health care in the country.  Programmes promoting breast feeding were also being rolled out.  The mother and baby friendly hospital initiative followed the guidelines by the World Health Organization.  The mum-connect was also being implemented, which was mobile technology that encouraged women to take care of themselves and utilise natal and post-natal care. 


Regarding poverty, South Africa had identified some of the underlying causes, including the family structure. Programmes and initiatives were being launched to improve the family structure and access to means-tested social grants had been expanded.  Daily packed meals were being distributed throughout the country, targeting provinces which were hotspots for poverty.  A programme had been implemented across all nine provinces in the drop-in centres, which ensured that nutrition and educational support was provided to children.  This ensured that children were able to receive a meal.  One million children had benefitted from this programme over the past five years. 

There had not been a decision to ratify the conventions on statelessness.  However, the State had the Citizenship Act of 1995, which provided a process of granting citizenship to children born in South Africa who were stateless.  The Government was drafting a whitepaper which would serve as a foundational document for legislation around citizenship, and was preparing to submit it to parliament. 

Corporal punishment was prohibited in schools and other mechanisms had been put in place to discipline children.  In cases where corporal punishment was enacted, the educators would be liable from a legal perspective.  Several positive discipline initiatives had taken place, and a new manual on positive development was being developed.  To date in 2023, the Government had been able to train 141 schools on alternatives to corporal punishment. 

The issues of child abuse were being taken very seriously in South Africa.  All cases of abuse, neglect and exploitation were reported in the Child Protection Register.  The South African police services and the judiciary were making efforts to ensure perpetrators were arrested.  There were child-friendly court rooms, and children were being assisted through intermediaries.  There was significant awareness raising being conducted at schools for children to help them understand that they were liable to report cases of abuse or sexual violence. This was a very serious issue for South Africa.  It was important to start with the strengthening of the family as a base unit for socialisation.  The issue of child protection was everybody’s business.  The State had recently amended the Domestic Violence Act to add one that concerned children, giving them the opportunity to apply for protection orders against anyone subjecting them to domestic violence.  Courts were now permitted to impose life imprisonment sentences in cases of rape perpetrated against children.  The use of sign language was now expressly recognised in courts for the first time. 

Several pieces of legislation were in place to combat corruption.  A fraud prevention plan had been developed which included a whistle-blowing policy, including hotlines for anonymous reporting.

Questions by Committee Experts

A Committee Expert was happy to hear that South Africa was devoting every day of the year as child protection days; this was very welcome.  It was also pleasing to hear that the Government condemned ukuthwala. However, there was a very high rate of child marriage, which was driven by ukuthwala, showing a need to amplify efforts in this regard.  More information was requested about confidential complaint mechanisms for children; how were these linked to the Child Protection Register? 

PHILLIP D. JAFFE, Committee Expert and Coordinator of the Country Taskforce for South Africa, asked how South African sign language would be used to disseminate information regarding child rights?  What would it take to have children commissioners in every province?  How were communities being engaged to change attitudes towards corporal punishment?  How many teachers had been fired due to sexual harassment in schools?

Another Expert asked about the Optional Protocol on the involvement of children in armed conflict; this was currently ratified by 173 countries, including those not in a conflict situation.  It would be a strong message if South Africa submitted their initial report under the Optional Protocol.

A Committee Expert congratulated the Government for the significant progress made in the area of birth registration.  Could an overview of the programmes for birth registration be provided?  Had they been evaluated? 

An Expert asked if there was any clear data about the phenomenon of ukuthwala?

PHILLIP D. JAFFE, Committee Expert and Coordinator of the Country Taskforce for South Africa, asked how many children were living outside of their family environment?  How many lived in Child and Youth Care Centres?  How many were in secure facilities, foster care arrangements and kinship arrangements?  Were there plans to conduct surveys to understand where children were cared for?  The Committee had been made aware of systemic failures within the care system.  Was there a push for deinstitutionalisation? What were the complaint mechanisms for reporting abuse in the system?  How far along was the State in implementing the recommendations of the South African Law Reform Commission? 

A Committee Expert said children with disabilities did not enjoy the same services as other children, and there was significant exclusion of these children due to poverty and other harmful and traditional beliefs.  What was being done to address this?  What was the status pertaining to inclusive education?  What investments were being made in this area, including financial and technical resources?  What support was being provided to families of children with disabilities?

Another Expert asked about measures taken to improve the quality of healthcare services by providing the necessary resources?  What strategies had been taken to address priorities, plans and programmes to combat malnutrition?  What strategies had been taken to launch the national education programme for parents and caretakers on proper nutrition for children from birth in order to combat malnutrition and obesity?  What had been done to increase the number of establishments providing mental health services to children and adolescents?  Were there plans to adopt a strategy to improve specialised training of child psychologists? 

What was being done in South Africa to ensure that all people in remote areas had access to information and to confidential services in the area of family planning, including providing contraception?  What had the Government done to combat the drug use rates and drug dependence among children and adolescents?  What was being done to broaden the access to HIV diagnosis, and to treat paediatric HIV? What measures had been taken to combat the HIV prevalence rate?  What was being done to increase access to retroviral therapy treatment?  Children were disproportionately impacted by climate change; how would the Government ensure that children in South Africa had the necessary knowledge and skills to improve climate resilience?

A Committee Expert said she admired South Africa’s laws and legal framework.  The country had struggled valiantly against apartheid. There was a high school drop-out rate in South Africa, due to teenage pregnancy, among other issues; had the State been working to change this?  Was the State trying to improve the infrastructure in schools, including demolishing the mud schools and school structures which included asbestos?  The national nutrition programme reached nine million children, but did it reach the most vulnerable?  Why were so many children left behind due to the lack of transport? Girls feared going to school due to potential assault from walking the long distance to their school.  Were any strategies in place to address this? 

There was no data being collected on asylum seeking children; what was their level of access to education?  Would the State consider raising the age of criminal responsibility to 14, up from 12? Was there enough focus on children who were living on the street?  They were frequently harassed and exploited, including by police; what could be done for those children?  Did the State recognise children who belonged to the Khoisan group and was their culture respected?  The report suggested that the abuse of children by South African peacekeepers in the field was a concern.  Had claims been investigated?  What was being done to prevent this? 

 

Responses by the Delegation

 

The delegation said that from April 2022 to March 2023, there were 383 child marriages. The Government had partnered with civil society to ensure the hotline for children to report violence was staffed with well-trained officials.  A national gender-based violence command centre was also managed by highly trained staff, who were trained to respond to children in a child friendly manner. One-stop child friendly centres had been established, including in police stations.  These measures ensured that children were able to report cases of abuse as soon as possible.   

South Africa took note of the concerns about the effects that trophy hunting could have on children participating in them.  South Africa was committed to holding roundtable discussions to address this matter. There were currently plans for the sign language board to meet and standardise the issues relating to signing in South Africa.  There were plans to ensure clips were posted online so that sign language information could be downloaded and utilised.  Awareness raising activities were carried out in schools and churches to help encourage acceptance and understanding of the lesbian, gay, bisexual, transgender and intersex community. 

Corporal punishment was not permitted in homes in South Africa.  Any inappropriate punishment inflicted on a child needed to be reported and referred to the prevention programme.  Children at school learned their rights early on and were made aware of the mechanisms for reporting corporal punishment, whether that was at home or in school.  Sexual abuse was a crime in South Africa.  Over the past three years, there had been around 225 educators dismissed from the public system for committing sexual offences against children.  This number had dropped, however, due to awareness raising campaigns on reporting.  Professionals were now duty-bound to report any cases of abuse, or suspected abuse against children, which was also a reason for the decrease. 

South Africa would provide relevant information which would support its reporting under the Optional Protocol on the involvement of children in armed conflict.  The country had embarked on several programmes regarding birth registration, including amending the law on birth registration. There had been a focus on community registrations, which were based in rural areas.  There were 402 offices throughout the country which were able to carry out birth registration, as well as more than 120 mobile offices which had the functionality to issue birth registration certificates in rural areas. 

While South Africa was progressively moving towards universal internet coverage, this was a long journey; the Government pledged to leave no one behind.  The Government planned to use pamphlets, community meetings, and community outreach, among other measures.  A programme planned to promote resilience to children in vulnerable communities, aimed at increasing their education opportunities. 

Ukuthwala could not be used or accepted as a defence when children were concerned.  There was no crime code for ukuthwala.  As a result, ukuthwala perpetrators would be charged with abduction or rape.  However, all abductions needed to be analysed to establish ukuthwala as a motive. 

The country had a total of 425 child and youth care facilities, which housed more than 18,000 children; 60,000 children were accessing the top-up grant.  In cases of unaccompanied minors, there were currently protocols in place to trace parents, whether they were in the country or abroad in neighbouring countries.  When reunification was delayed, the child continued to be accommodated in their facility with additional support.  The systematic failures in the childcare facilities made it difficult to ensure family reunification.  Within the facilities, there were guidelines regarding the norms and standards, as prescribed in the Children’s Act.  There were guidelines in place for those working with children in child and youth care centres.  For every incident which took place, an incident report was required to be completed. Global inter-country adoption was dropping around the world.  There was a rise in national adoption, but a decrease in international adoption. Children could only remain with their parents in correctional centres until the age of two. 

The Government remained committed to the protection of the rights of learners with special needs. All policies were inclusive of children with disabilities.  The Government ensured that healthcare support and adequate living facilities were in place for children with very severe disabilities.  The National Child Protection Register was an effective data collection system of all Child Protection Departments throughout the country. The State had implemented a curriculum for learners with disabilities to provide them with a customised learning programme, which had been introduced in 447 schools.  Teachers had been given special training to roll out the programme. 

There was a high-level political commitment to address malnutrition, food insecurity and hunger. The Government had adopted a strategy for the prevention and management of obesity in South Africa to reduce its prevalence.  This was built on the success of the health promotion levity on sugary items, which sought to tackle obesity in the country.  Psycho-social support and training had been provided to educators to help them identify potential mental health issues early on.  This aimed to improve mental health within schools.  More than 100 public education campaigns had been conducted regarding substance abuse.  From April 2023 to September 2023, there had been 42 campaigns which had reached more than 10,000 children and community members on this issue. 

South Africa had adopted a new treatment kit which required all HIV-positive infants under 24 months to begin treatment, regardless of their clinical or immunologic criteria.  Campaigns were in place to target children who were at risk of HIV.  Climate change could impact on the health of children. There was now a Disaster Management Act which provided for children to be identified and evacuated, and ensured that they were not separated from their parents. 

Learners at schools were provided with nutritional meals, and taught to maintain healthy eating and lifestyle habits.  Schools were encouraged to create food gardens, where they could grow fresh vegetables and fruits.  The gardens were also used as a teaching environment and a resource for learning. All schools were required to provide students with nutritious meals.  The schools identified were those in food-insecure areas.  One meal was provided to learners per day, comprised of protein, vegetables, fats and starches.  Leftover foods were given to children to take home, so food was not wasted. The Department of Education had installed a hotline for reporting on the misuse of funds which were intended for the school nutrition programme. 

Questions by Committee Experts

A Committee Expert said child justice in South Africa needed to be reformed.  There was a significant use of detention of children, both pretrial and as a custodial sentence.  The State needed to introduce an early release system.  Would this be considered?  The development of early learning educators needed to be prioritised and the low rate of literacy and numeracy needed to be addressed. 

PHILLIP D. JAFFE, Committee Expert and Coordinator of the Country Taskforce for South Africa, said South Africa had an extremely low number of child psychiatrists.  What efforts were being made to develop that profession?

An Expert said there was a high level of solitary confinement occurring in detention facilities with children.  What was being done to address this?  What complaint mechanism was in place for children deprived of their liberty?  The State had promised to find the fathers of children born to South African peacekeeping personnel in other countries. What was being done to protect the victims of sexual abuse who had been identified?

A Committee Expert asked what the State would do to eliminate legal barriers in cases where the mother was a foreigner and the father was South African?  What were the outcomes of actions taken in schools regarding sexual abuse?  What was the prevalence of sexual abuse within the family and the community? What was being done to tackle tuberculosis, which was a cause of death among teenagers?  There was a recurring problem with HIV/AIDS.  What could be done to specifically combat this phenomenon in South Africa?  Could the delegation explain about teaching in Afrikaans?

Another Expert commended the State party for all efforts undertaken.  Seventy per cent of all persons had access to basic sanitation services.  Were sanctions handed down to companies which continued to pollute the environment?

What was being done to tackle tensions between the Convention and multi-cultural scenarios, including female genital mutilation and forced marriage in South Africa?

 

Responses by the Delegation

The delegation said South Africa had enacted the Khoisan Leadership Act which recognised the Khoisan leadership structure.  A Khoisan school had been established, and special attention was being paid to preserving the Khoi and San languages and cultures.  However more still needed to be done.  Documents had been created to ensure the prevention of discrimination against lesbian, gay, bisexual, transgender and intersex children in schools. 

The State prioritised investing in children and promised the Committee that the budget would not be touched. The training of primary health care staff would be strengthened to ensure that supervision was provided to health care staff working in rural areas.  There would be language competency training for all health care professionals, enabling them to communicate with all patients in rural areas.  The State had received research which showed there were pockets of reported cases of female genital mutilation.  The agricultural sector had been identified as the sector which was most hazardous for children working in child labour.  Finance had been provided to farmers so that they could provide salaries and would not use children as workers.

The State acknowledged that HIV/AIDS had taken a secondary place due to the focus on COVID. Some of the programmes and interventions were now being reintroduced and evaluated.  The practice of culture was constitutionally protected in South Africa, and international conventions needed to consider their impact on cultural practices within the country.  The aim was always to find alignment between these cultural practices and the international conventions. 

It was unacceptable for personnel who were deployed abroad to engage in misconduct.  They needed to adhere to acceptable standards of behaviour. The Government of South Africa had developed a paternity maintenance support strategy, which put the rights and dignity of victims at the forefront.  A paternity focal point had also been appointed within the legal system to assist victims.

Assessments had been conducted for children who had suffered from sexual abuse, according to their needs.  Continuous support was provided to social workers, and in some cases, children were referred to psychological support to ensure the trauma they went through was being treated.

Afrikaans remained an official language in South Africa, with schools having the option to teach Afrikaans.  All languages enjoyed equal status.  June 16 was used as a day to celebrate the diversity of all languages.  Education was one of the State’s greatest priorities. It was important to devise a strategy to enable all children to access early childhood development. 

Questions by a Committee Expert

A Committee Expert asked for further details on combatting corruption in schools?  How many girls were suffering from sexual assaults and falling pregnant and had to leave school?  What was being done to bring this situation to justice? 

Responses by the Delegation 

 

The delegation said that 8.6 per cent of all cases of tuberculosis affected children.  The national guidelines for the management of tuberculosis in children had been approved.  The latest statistics showed that 132,000 girls were pregnant between 2020 and 2021.  A policy had been developed to create an enabling environment to support all learners. The policy encouraged that girls continued with their learning.

Closing Remarks

 

PHILLIP D. JAFFE, Committee Expert and Coordinator of the Country Taskforce for South Africa, thanked the delegation for the valuable exchange on the situation of children in South Africa.  The responses had shown that children were a high priority for the Government.  The Committee had heard about myriad programmes, policies and initiatives to address the wellbeing of children, and the challenges related to their implementation.  Reducing poverty could easily qualify as a top priority. 

 

ISABELLA SEKAWANA, Acting Deputy Director-General, Welfare Services, National Department of Social Development of South Africa and head of the delegation, thanked the Committee for the opportunity to have presented the report, and was grateful for the robust engagement.  The State looked forward to receiving the Committee’s concluding observations and recommendations, and would ensure these were translated into an action plan for children.  South Africa remained committed to meeting its obligations as they pertained to the Convention. 

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