Women's Empowerment & Gender Equality, Children's Rights & Responsibilities, & Rights of People with Disabilities Operational Plans 2011/12: Minister of Women, Children & People with Disabilities & Department Progress Report

Women, Youth and Persons with Disabilities

24 May 2011
Chairperson: Ms D Ramodibe (ANC)
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Meeting Summary

The Department of Women, Children and People with Disabilities said that the purpose of the Women’s Empowerment and Gender Equality programme was to facilitate the translation of national and international commitments into empowerment and socioeconomic development programmes, as well as to oversee and report comprehensively on the national realization of women’s rights and the progressive realization of equality. This sector’s main programme was to see to the advocacy and mainstreaming of gender equality and women empowerment; monitoring and evaluation; institutional support and capacity development. Its goal was to promote, protect and advance the rights and dignity of all women to enable them to reach their full potential in an inclusive and equitable society. The outcome was to see systemic improvements for women and the attainment of gender equality. Its strategic objective was to mainstream women’s empowerment and gender equality considerations into Government’s policies and governance processes.

The goal of the Children’s Rights and Responsibilities programme was to promote, protect and advance the rights and dignity of all children to enable them to reach their full potential in a free and safe society. The outcome was to see systemic improvements for children’s rights and the attainment of equality.  The strategic objective was to mainstream Children’s Rights considerations into Government’s Policies and Governance Processes.

The purpose of the Rights of People with Disabilities programme was to facilitate the translation of national and international commitments into empowerment and socio-economic development programmes, as well as to oversee and report comprehensively on the national realisation of rights of people with disabilities and the progressive realisation of equality. The goal was to promote, protect and advance rights and dignity of all persons with disabilities to enable them to reach their full potential in an inclusive and equitable society. The outcome was to see a systemic improvement for persons with disabilities and equalisation of opportunities. The strategic objective was to mainstream disability considerations into Government’s policies and governance processes.

Members noted that there was a discussion between the Department and National Treasury, and asked if this discussion formed part of the budgetary process, and if it had a direct impact on the budget allocation. Members stated that they found the presentation on people with disabilities a bit confusing, because they failed to understand how projects of a national ministry could be run with so little money on a national level. Members were concerned that the Department was moved to the social cluster, and that the gender focused points were put on a lower level in Government.  Members wanted the Department to be in the Presidency and not in the social cluster.

The Minister of Women, Children and People with Disabilities said that the Department had met with the President to discuss the mandate of the entity and where the Department should be located and was awaiting his response.  It was the prerogative of the Department to raise gender focal points in various spheres of Government. The Minister was well aware that many companies did not comply with Government’s targets on women and people with disabilities and asked her legal team to assist in fast tracking the legislation. The Department was closely working with the Department of Health in implementing the African Decade Social Campaign because the theme for this year was “Women’s Health.” Members agreed with the Minister on the legislation of various mandates of the Department.


Meeting report

Women’s Empowerment and Gender Equality Operational Plan: 2011/12
The Women’s empowerment and gender equality operational plan was presented by Ms Ranji Reddy, Director-General (DG), Department of Women, Children and People with Disabilities The purpose of the Women’s Empowerment and Gender Equality programme was to facilitate the translation of national and international commitments into empowerment and socioeconomic development programmes, as well as to oversee and report comprehensively on the national realization of women’s rights and the progressive realization of equality. This sector’s main programme was to see to the advocacy and mainstreaming of gender equality and women empowerment; monitoring and evaluation; institutional support and capacity development. Its goal was to promote, protect and advance the rights and dignity of all women to enable them to reach their full potential in an inclusive and equitable society. The outcome was to see systemic improvements for women and the attainment of gender equality. Its strategic objective was to mainstream women’s empowerment and gender equality considerations into Government’s policies and governance processes. The performance indicator was to oversee the gender mainstreaming strategy and implementation guidelines in place in all national departments, in all provinces and in major metros.

The Department intended to provide a Green Paper or policy towards the Gender Equality Bill & Gender Responsive Budgeting Strategy and host a National Women’s Conference with R1 million funding from the United Nations (UN). It was the Department’s mandate to provide a strategy for rural women’s development including small scale women farmers; women’s cooperatives; rural women and information and communication technologies (ICTs) and rural women in renewable energy. The entity planned to host social campaigns such as the Sanitary Dignity Campaign, Violence against Women, National Women’s Month, international days such as International Women’s Day, Pan African Women’s Day, and Rural Women’s Day.

The Department had the mandate to monitor and evaluate the mainstreaming of women’s empowerment and gender equality considerations into Government’s policies, and governance processes. The entity had to provide a monitoring tool for gender mainstreaming and the implementation of the Gender Responsive Budgeting. It was on the Department’s agenda to keep a provincial data base for women-owned companies and cooperatives. The Department also had to provide monitoring tools to monitor equity plans of Departments, municipalities and keep data bases on women in the construction industry. A national report had to be made on the progress in implementing the Southern African Development Community (SADC) Protocol on gender and development using the SADC Monitoring tool. National reports had to be submitted on the progress made in implementing the African Union (AU) Solemn Declaration on Gender and Equality in Africa and other reports on request. The Department had to provide a gender barometer for the job creation fund and gender audits in provinces with special emphasis on the gender parity 50% representation for women in senior management staff (SMS).

It was the Department’s objective to coordinate institutional support and a capacity development programme; to provide technical assistance to gender focal points at national, provincial and local levels on the implementation and monitoring and evaluation of the gender mainstreaming, rural women’s development and gender responsive budgeting strategies. The Department had to see to capacity building and training programmes on gender mainstreaming and gender responsive budgeting. Adult basic education training programmes in all nine provinces should be a priority along with skills development in construction cooperatives, waste management, and farming in further education and training (FET) colleges.

Children’s Rights and Responsibilities Unit: Children Operational Plan 2011/12
The Children’s Rights and Responsibilities operational plan was presented by Mr Mzolisi, Deputy Director General (DDG) for the sector of Children’s Rights and People with Disability.   This sector’s goal was to promote, protect and advance the rights and dignity of all children to enable them to reach their full potential in a free and safe society.  The outcome was to see systemic improvements for children’s rights and the attainment of equality.  The strategic objective was to mainstream Children’s Rights considerations into Government’s Policies and Governance Processes. The Department had to provide a National Plan of Action for Children and work out a Children’s Rights Responsive Budgeting Strategy, and a Directory of Children’s Rights Services for Children in all Provinces.  The entity intended to host a National Children’s Rights Summit, Children’s Rights Machinery Meetings, and Sanitary Dignity Campaigns for Women and girls. Campaigns were needed towards the decreasing of maternal and child mortality and campaigns on HIV/Aids and other diseases. It was important for the Department to promote the 365 Days National Plan for No Violence against Women and Children. It was important to have shelters for abused women and children.

The Department had to see that National and International Children’s Days were commemorated, and provide information and communication technology in rural areas and informal settlements.
It was the mandate of the Department to monitor and evaluate the mainstreaming of Children’s Rights Considerations into Government Policies and Governance Processes.  The Department had to provide a National Integrated Plan for Early Childhood Development monitoring template; a Children’s Rights Mainstreaming strategy; and a database of orphaned and vulnerable children. Reports had to be provided on the study on child killings and periodic reports to the African Union (AU) and the United Nations Commission on the Rights of Children (UNCRC). The Department had to report on the implementation of National Plan of Action for Children; provide an inclusive education policy; coordinate Institutional Support and Capacity Development Programmes for the promotion, protection and advancement of children’s rights. The Department had to see to the output of a National Action Plan for Children; provide a capacity development programme for the National Plan of Action in 34 National Departments, nine provinces and district municipalities. It was important for the Department to have quarterly reviews of the national action plan development process.
 
Rights of People with Disabilities: Advocacy and Mainstreaming
The purpose of the Rights of People with Disabilities programme was to facilitate the translation of national and international commitments into empowerment and socio-economic development programmes, as well as to oversee and report comprehensively on the national realisation of rights of people with disabilities and the progressive realisation of equality. The goal was to promote, protect and advance rights and dignity of all persons with disabilities to enable them to reach their full potential in an inclusive and equitable society. The outcome was to see a systemic improvement for persons with disabilities and equalisation of opportunities. The strategic objective was to mainstream disability considerations into Government’s policies and governance processes. The entity had to advocate for healthy life style, rehabilitation, therapy and free health care for persons with disabilities. The purpose was to advocate and raise awareness on emerging issues pertaining to people with disabilities and provide a disability mainstreaming strategy. The National Disability Policy and Bill would be an important document to the Department. It was in the Department’s plans to work out a Disability Responsive Budgeting Strategy; host a national summit report and resolution; host quarterly national disability machinery meetings; and provide a directory of services for people with disabilities. It was the goal of the entity to see to the Public Service Employment audit report and provide a disability barometer for the job fund.

The advocacy campaign on reduction of birth defects, and the advocacy and education campaigns on HIV and AIDS and other diseases were important events of the Department. The public had to be aware of disability sensitive terminology and the Department therefore compiled a terminology booklet. The Department worked on a strategy for accessible public transport, and designated parking laws for people with disabilities had to be reviewed and amended. There was a strategy developed to promote employment opportunities for persons with disabilities in the open labour market. It was the Department’s mandate to see that employment equity and reasonable accommodation were implemented in the workplace. An Intervention strategy had been developed for the agricultural cooperatives schemes for People with Disabilities on emerging issues to violation of the rights of persons with disabilities. The Department wanted to see that Information on HIV and AIDS was in accessible modes and formats. It was important for People with Disabilities to have a safe and secure environment within residential facilities, and equal access to justice. The Department compiled a Continental Plan of Action for the African Decade for Disabled 2009-2019 and had to adhere to the African Protocol on Disability Rights. The Disability Awareness Month programme had to be launched. The International Day of People with Disabilities had to be commemorated. The National Accessibility Awareness Campaign had to be implemented.

Children’s Rights and Rights of People with Disabilities
The purpose of the Children’s rights and Rights of People with Disabilities programme was to facilitate the translation of national and international commitments into empowerment and socioeconomic development programmes, as well as to oversee and report comprehensively on the national realisation of rights people with disabilities and the progressive realisation of equality The goal was to promote, protect and advance the rights and dignity of all persons with disabilities to enable them to reach their full potential in an inclusive and equitable society. The outcome was to see a systemic improvement for persons with disabilities and equalisation of opportunities. The strategic objective was to monitor and evaluate the mainstreaming of disability considerations into Government policies and governance processes. The Department had to provide a monitoring tool for disability mainstreaming and a monitoring tool for the disability responsive budget. It was important to have a monitoring tool for employment equity targets of departments, municipalities and state owned entities. A data base was needed of people with disabilities needing assistive devices. UN country reports had to be submitted on the UN Convention on the Rights of Persons with Disabilities.

The Department had to see to the implementation plan of the UN Convention on the Rights of Persons with Disabilities and have disability specific poverty indicators. It was important to have economic participation indicators for preferential procurement and broad based black economic empowerment, and Public Service Audit reports on disability employment equity targets for SMS. The Department had to provide a monitoring tool for People with disabilities in the Tourism, cultural and hospitality industries, Adult Basic Education and Training Programmes in all provinces; Audit Report of all special schools; and an Inclusive Education policy. It was important to note the number of beneficiaries of the Sanitary Dignity Campaign.

Institutional support and Capacity development
The purpose of this programme was to facilitate and coordinate capacity and skills development for people with disabilities; to coordinate institutional support and capacity development programmes; develop and facilitate capacity building and training programmes on Disability Mainstreaming; and focus on Human rights and a responsive budget. A database for skills development programmes had to be kept and the Economic Empowerment Policy Framework for People with Disabilities had to reach the 10% target. Offenders with disabilities had to be included in rehabilitation programmes.

Discussion

The Chairperson thanked the Director-General (DG) for the presentation but said she was clear on the mandate of the Department. In the presentation the Chairperson noted that there was a discussion between the Department and Treasury, and asked if those discussions formed part of the budgetary process, and if it had a direct impact on the budget allocation. The total budget seemed different in relation to the amounts allocated to the three sectors of the Department, and the Chairperson wanted to know the causal factor for the imbalance, and what would be done with the remaining funds.

Mr D Kekana (ANC) asked what could be done on a national scale with such small amounts, and asked why the Department did not prioritise certain projects and allocate more funds to those projects. He asked about the Department’s total budget and how it was allocated to the three spheres.

Ms P Duncan (DA) said it was completely wrong if the President claimed that there was a similar ministry in the Presidency previously. She stated that there were offices in the Presidency and not a ministry. She asked the Department to provide more details on the submission made to the President. Her request was to see the Department back into the Presidency and not in the social cluster. She could see why the amounts of the certain sectors were so small, because most of the funds were allocated for the compensation of employees. The Department going to the social cluster was not an option because the Portfolio Committee did not want to view the Department from a welfare perspective.

Ms D Robinson (DA) asked if the budget speeches were going to be changed now that the Department was classified under the social cluster or would the changes happen in the future. She was concerned at the little funds allocated to operations and shared the same concern as Mr Kekana regarding the priorities of the Department and asked for proper clarity on the priorities and mandate of the entity. She asked about how the National Council would be elected and who would be presented.

Ms M Tlake (ANC) was concerned that the Department was moved to the social cluster, and that the gender focused points were put on a lower level in Government.  She wanted the Department to be in the Presidency and not in the social cluster. She admitted that the country might have had great legislation regarding gender issues, but acknowledged that the main challenge was in implementation, because there was no monitoring and evaluation system.  She was of the view that the Department should fulfil the task of monitoring and evaluating the implementation of legislation.

A Member stated that it was not clear how the children’s rights budget strategy would be enforced.

The DG responded that the information which was submitted to Treasury was for the adjustment budget which consisted of two processes. The process with the Treasury dealt with the adjustment budget and additional funding. The items that were reflected in the presentation were for consideration for the adjustment budget and the Department was still going to make submissions on the Medium Term Expenditure Framework (MTEF) processes. The Department’s meeting Treasury was important because it had to display the ability to spend on the budget given. There was no strategic plan previously submitted to Treasury and that was the reason for the allocation of low funds, therefore the Department was trying to catch up on the missed opportunity on the MTEF processes. All operational plans displayed in the presentation would be funded under the adjustment budget. The Department could not get a bigger budget for this year but it could get additional funding.

The President had asked the Department to do a formal submission in order to legitimise its function and mandate. The Department was recently moved to the social cluster regarding its budget and did not fall under the Department of Social Development. Most of the Department’s budget was allocated to the compensation of employees because the Department was new and needed to appoint people to fulfil its mandate. The Department would still make submissions for MTEF to National Treasury and the date for the budget vote remained the same.

Mr Mzolisi elaborated that the DG did explain the budget in her presentation. The Department did not operate in isolation in fulfilling its operational mandate but worked with other departments and entities on implementation. It was one of the priorities of the Department to ensure that it had enough capital to fulfil its mandate. The Department was in the process of producing a comprehensive booklet with relevant stakeholders on issues regarding the sensitivity of disability language. The current booklet was old and needed to be updated.

The Hon. Lulu Xingwana, Minister of Women, Children and Persons with Disabilities, apologized for being late and took the time to respond to some of the questions asked. She said that the Department had met with the President to discuss its mandate and where the Department should be located.  Submissions were made and the Department was still awaiting the response from the President. It was the prerogative of the Department to raise gender focal points in various spheres of Government. The Department was committed to fulfilling its function in monitoring and evaluating. The most important task for the Department was to ensure the legislation and the fast track of the implementation of the Bill on women, children and people with disabilities.

The Minister said that she was well aware that many companies did not comply with Government’s targets on women and people with disabilities and she had asked her legal team to assist in fast tracking the legislation. The Department had been successful in employing key people who would ensure the effective running and implementation of programmes. The Department was closely working with the Department of Health in implementing the African Decade Social Campaign because the theme for this year was “Women’s Health.” Regarding the budget, the Department was still in conversation with National Treasury. National Treasury encouraged the Department to spent its budget and in June (2011) an adjustment budget would be allocated. The Department was working with the Department of Health and the private sector on the Social Sanitary Dignity Campaign.

The Chairperson queried the figures for the Department’s annual 2010/11 budget and said that her question on the National Council had not been responded to. She asked if the National Women’s Conference was not a duplication of what had been done by various entities.

Ms Tlake was concerned at the Department’s being moved to a cluster it had to monitor. She asked if there was not going to be a conflict of interest would be sound results regarding monitoring and evaluation. She preferred the entity to be in the Presidency so that it could obtain a higher status than the Commission on Gender Equity (CGE).

Ms Robinson also stated that her question on the National Council had not been answered. She was confused regarding the dual status of the Department; it was budgeted under the social cluster but did not operate under that cluster. She asked for the Portfolio Committee to be informed on the programmes of the Department so that the Committee could be involved.

Ms Duncan was concerned about the Department’s change of structure without proper planning. She said that a department’s main stakeholder was the Portfolio Committee concerned because it ensured that the department or departments over which it had oversight fulfilled their mandate.

The DG indicated that the current budget was allocated without proper planning from the Department.

Mr Kekana agreed with the Minister on the legislation of various mandates of the Department regarding Women, Children and People with Disabilities. He stated that the Department could not budget certain operations for R5 000 and R10 000 on a national level. He emphasized the Department prioritising its programmes because the current report indicated that the Department was not serious.

The Minister responded that the establishment of the National Council would be accomplished with relevant Non-Government Organisations (NGOs), Government Departments, Religious Organisations, and Rural Leaders, because all of these issues affected most South Africans. It was of crucial importance for the National Council to drive the 365 days of National Campaign. The Minister agreed that the allocated budget was inadequate for its operational purposes. She asked the Portfolio Committee to assist with the ongoing engagements of the Department with National Treasury. The fact that the Department belonged to the social cluster did not mean that it had lost its power; but that this had a more coordinated approach of what needed to be done. The Department strongly desired to have the teeth to sanction non-compliance to legislation.

The DG understood that the presented budget was not balanced. She reiterated that the projects in the operational plan had been budgeted for goods and services and the remainder of the budget regarding the compensation of employees had not been included. She strongly believed that the Women’s Conference was a critical platform to consult with women on issues affecting them and the Department had to see that it brought in all the relevant stakeholders. She agreed that the budget for People with Disabilities was very little, therefore the Department made submissions to National Treasury regarding the People with Disability.
Mr Mzolisi stated that it was important to note all the comments made by the Portfolio Committee on the implementation of the Department’s programmes and mandate. The Department was also concerned at the limited budget but it was trying to get additional funding from various parties. He expressed his thankfulness for the constructive criticism from the Portfolio Committee. The CGE had its own internal problems and those problems were reflected in the reports of the Auditor-General and the Public Protector.

The DG was determined that all targets would be met as indicated in the presentation.

Ms Duncan felt insulted by the comments of the Minister. She wanted to see the Department under the Presidency and would like to see the entity fully staffed so that it could fully functional. She expressed her concern on the authority of the Department.

Ms Tlake also expressed her concern on the authority of the Department. She asked if the Department would have the necessary authority while being in the social cluster.

The Minister implied that the question on the social cluster had been answered. She said that it did not mean that the Department was under any other Department. She had spoken to the President and highlighted that the Department needed “teeth” which could be achieved through legislation.

The DG said that the Department had been moved to the social cluster regarding its budget allocation.

Ms Duncan asked the Minister further about the issue of the social cluster and asked the DG to answer on the Department’s involvement in the budget allocation.

The DG responded that the Department was not involved in the budget allocation because no strategic plan was submitted.

The Minister said that the Department had not had a Minister and DG when the budget had been allocated.

The Chairperson said that it was not unhealthy to debate issues as this was the platform to get clarity on various matters. She agreed on the issue regarding legislation so that the Department could have “teeth.” 

The meeting was adjourned. 


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