Departments of Labour and Welfare: briefing

Meeting report

JOINT MONITORING COMMITTEE ON THE STATUS OF CHILDREN, YOUTH AND DISABLED PERSONS
25 February 2000

BRIEFING BY THE DEPARTMENTS OF LABOUR AND WELFARE

Documents handed out:

Toolbox (a guide for developing a disability programme in your local community)
Presentation of Convention on the worst forms of child labour
Convention 182: Elimination of worst forms of child labour (See Appendix 1)
Child Labour: A welfare perspective (See Appendix 2)
Progress Report - Developmental social welfare services
Slide Presentation by Department of Welfare & Population Development [e-mail [email protected] for presentation]

 

Chairperson: Ms H Bogopane

SUMMARY

The Department of Labour focusing on the Basic Conditions of Employment Act (BCEA) in relation to child labour, the Child Labour Interactive Group (CLIG), Convention 182 (Elimination of the worst forms of child labour)

and the impact of HIV/AIDS. Statistics South Africa has been commissioned to investigate child labour and the results are expected around July 2000. A focussed plan of action for implementing Convention 182 will follow this survey.

Convention 185, adopted this week by the Labour Portfolio Committee and awaiting ratification by Parliament, points out that in order to eradicate child labour there has to be free and compulsory quality education as poverty and high failure rates cause children to drop out of school. Focus is required on the girl child who is more prone to sex abuse to being subjected to domestic work.

HIV/AIDS leaves children orphaned who then have to head their homes and become breadwinners. Children are at a disadvantageous position when it comes to wage bargaining plus they flood the labour market and adults workers are displaced as a result.

The Department does not have a specific children's budget though children are accommodated in their budget. It was acknowledged that the Department does need a children's budget.

The Department of Welfare and Population Development's focus was on efforts for rebuilding the family, community and social relations and an integrated poverty eradication strategy. Other focal points were the social security programme, response to social violence, community-based care and support for people living with HIV/AIDS. The Department is committed to working cooperatively with CBOs and NGOs in these areas.

The Department's services to children include child abuse prevention and early intervention. The Department does not concentrate only on the abused child but also monitors what services can be offered to the perpetrator. Services to child victims include support, developmental assessment and placement of the child either back home or in a foster home. The ILO Convention is in line with domestic law in the country.

MINUTES

Announcements

Ms H Bogopane announced that the date of the Strategic Planning Workshop in the Committee Programme is no longer 1/2 April but 30/31 March.

The Committee has been invited to attend a conference on the Decade of the Disabled People on 1/2 March in Harare, Zimbabwe. Ms H Bogopane (ANC), Mr V Gore (DP) and the Committee Whip Ms M Maine (ANC) will attend.

The Chairperson indicated that the presentations by the Departments of Labour and Welfare should outline how their programmes, policies and budget allocation impact on children, youth and the disabled so that the Committee can draw up an evaluation report.

 

Presentation by the Department of Labour

The Deputy Director of Labour Relations, Ms J Mehlomakulu, stated that the Department's presentation would focus on child labour and related issues, touching on the Basic Conditions of Employment Act (BCEA), Child Labour Interactive Group (CLIG), Convention 182 and the impact of HIV/AIDS.

Ms Mehlomakulu said according to domestic legislation, a child is defined as a person under the age of eighteen. A child of 15 years and down is not supposed to be working. The Department acknowledged that poverty is one of the causes of child labour. Some children are compelled to work because they are bread winners in their families.

Ms Mehlomakulu said Statistics South Africa had been commissioned in November 1999 to find out the number of children involved in child labour and the final results are expected around July 2000. The survey has to look at how many children are involved in child labour, the sectors that are affected and which are the most hazardous of these sectors. It is difficult to embark on a focussed plan of action before the statistics are available.

The ILO Convention

Labour Portfolio Committee adopted the Convention this week and it is waiting for ratification by Parliament. It is the requirement of ILO that once a country adopts the Convention, it has to ratify it within 12 months. South Africa is within the deadline.

Since the survey by Statistics SA is limited to households, it does not cover children on the streets. In this regard, it would be necessary for another survey to close the gap left by the current one.

Regarding the enforcement of programmes to eliminate worst forms of child labour, policy training in all the provinces is to be carried out. The Department has to enlist the support of all departments, civil society, unions and business. This is because countrywide the Department has less than 700 inspectors. In instances where removal of children is required the help of the Departments of Welfare and Justice would be essential. On the issue of rehabilitation of children in conflict with the law, the Department is working with Welfare. Focus is required on the girl child who is more prone to sex abuse and to being subjected to domestic work. There is a need to cascade implementation to local level.

Convention 185 points out that in order to eradicate child labour there has to be free and compulsory quality education as poverty and high failure rates cause children to drop out of school. Focus is required on the girl child who is more prone to sex abuse to being subjected to domestic work.

The Impact of HIV/AIDS on Child Labour

Ms J Mehlomakulu said children are orphaned and find that they have to head their homes and become breadwinners. Children are at a disadvantageous position when it comes to wage bargaining. They flood the labour market and adult workers are displaced as a result. Communities are to be targeted and strengthened to be able to take care of orphaned children.

The Labour Department Budget

The Department does not have a specific children's budget but children are accommodated in their budget. It is acknowledged that the Department does need a children's budget. The unions together with the President's Office are being looked to help with funding for this.

The Department has to embark on conscientising children about their rights. There is a need to give children a voice. The limitation of the budget is a problem in this regard. This does not always mean a big budget as alternative forms of public awareness can be engaged such as announcements in churches. Interaction between various role players is required in order to eradicate child labour.

Ms Mehlomakulu indicated that youth and people with disability were not covered by this presentation. The chairperson was disappointed at this lack of coverage. She indicated that the committee would write to the Director General for an explanation.

 

Presentation by the Department of Welfare and Population Development

Ms A Bester from the Department stated that on the issue of the budget they are in the process of analysing the 2000/2001 budget and will present it to the Committee as soon as they finalise this.

The Chief Director of Social Welfare, Mr A Theron, stated that the Department's focus is on rebuilding the family, community and social relations and an integrated poverty eradication strategy. Other focal points are a comprehensive social security programme, response to social violence, community-based care and support to people living with HIV/AIDS. He said the Department is committed to working cooperatively with CBOs and NGOs. There is a need to contextualise social policies in relation to financing policy.

Mr A Theron went on to say services to children include prevention and early intervention. Regarding child protection, he said the Department does not concentrate only on the abused but also monitoring what services can be offered to the perpetrator. Services to a child as victim include support of the child, developmental assessment of the child, placement of the child; either the child goes back home or is placed in a foster home. The ILO Convention is in line with domestic law in the country.

 

Discussion

Q. Ms W Newhoudt-Druchen (ANC) asked what the Department of Labour is doing about the problem of gangs that keep children away from school. She also asked what is done about schoolgirls who fall pregnant and get expelled from school.

A. The Department said it is aware of the gang problem but does not have a direct involvement. They said they should be working with the Departments of Education and Safety and Security although a strategy addressing the issue has not yet been seen. The Skills Development Act should perhaps deal with the problem of pregnant school children. The Department of Welfare should get involved. The Maintenance Act can help in ensuring that babies of schoolgirls are supported by their fathers. The Department conceded that there are gaps and that such questions will help it focus.

Q. Mr C Morkel (NNP) asked what the Department of Labour is doing about the 43% of youth who are both out school and out of work. He wanted to know if the Department is aware of international conventions dealing with the recruitment of children to fight in armed conflicts and if this problem exists in South Africa.

A. The Skills Development Act can play a key role with the issue of children who are both out of school and out of work. The Department said it is aware that the recruitment practices referred to are happening but said it is not aware of the extent of the problem in the country.

Q. Ms E Gandhi (ANC) said she is concerned about the rife use of child labour in farms. She called upon the Department of Labour to comment on the matter and to say how it views the issue of children working in family businesses. In addition she asked whether street vending is viewed as a dangerous occupation.

A. The Department of Labour said it is aware that child labour is prevalent on farms and measures are being instituted to address the problem. It firmly denounces the employment of children on farms. There is a campaign to target farms although inspectors are being threatened and attacked - dogs are set on them and they are even shot at. Concerning the question of children who work in family businesses, the Department said it is of the view that children should not work. "What we denounce is when children are engaged in activities denying them time to enjoy their childhood or working for long hours or doing dangerous work. We view street vending as a dangerous occupation because children are exposed to harsh weather conditions, can be mugged and are often abused".

Q. Mr M Moss (ANC) asked why the Convention stresses only the worst forms of child labour.

A. The Department of Labour said that other forms of child labour are not condoned, but worst forms of labour are targeted because of their implications and the damage they cause.

Q. Ms H Bogopane said that what the Committee wants to know is how much of the Departmental budget is allocated for the benefit of children. Whether the Department has any time frames for its programmes on forced child labour to be implemented.

A. We have no specific budget for child labour within the Departmental budget.

Q. Ms W Newhoudt-Druchen (ANC) said she would have loved a more in-depth presentation on disability from the Department of Welfare because she is involved in many disability programmes. She would have liked more detail on the early intervention program, conflict with the law, interpreter to work with disabled as some of issues she would have liked expanded on. She wanted to know who gets involved if, for example, a child is born with defective hearing and who deals with violence against the disabled.

A. The Department of welfare has a partnership with the National Federation and wants to have offices at grass roots level and close ties with NGOs. The Department wants to ensure that services are fully integrated and that the concerns of the member are attended to.

Q. Mr C Morkel said he would like to request that the Department of Welfare should heighten awareness of its services to the general public. The 15 -18 age group, the Department of Labour indicated that it is looking for exemptions for certain types of jobs, what is the Department of Welfare's feeling on that? If Welfare supports it whether they think any restrictions should be imposed on such jobs.

A. Regarding awareness of programs, the Department acknowledged that a vigorous campaign is required. On the exemptions referred to by Labour, the Department stated that there is a need to engage in discussions between the two departments. Legislation refers to eighteen years, it is up to Parliament to decide if it agrees with proposals by the Department of Labour.

Q. Mr M Da Camara (DP) said the figure of R100 000 for drug prevention programme seems to be too low. He said he is hoping there are other programmes because drug use is on the increase. Further, he complained about some people abusing the money for child welfare grant. He enquired about follow up mechanisms to counter the problem.

A. The Department advised that the sum of R100 000 is not a total figure, it was just highlighted for a particular aspect.

Concerning the abuses of the Child Support Grants the Department said everybody including the Parliament, and NGO's have a responsibility to make sure the Department is aware of abuses. There is a responsibility on the national department to help with minimum standards on policy.

Q. Mr M Moss (ANC) asked that to the number of services noted for the various categories of children, how many of those are disabled. In addition, he asked what relationship is there between Labour and Welfare concerning sheltered employment for the disabled.

A. In each province we have statistics of people in facilities run by the Department of Welfare. The NGO's must challenge the Departments that are not responding to these issues.

Q. Ms E Gandhi (ANC) asked if the Department of Welfare is working together with the Department of Labour to secure jobs for the disabled.

A. There are currently two research studies looking at interpreunership and issues that flow from that. But the disabled have said they do not want Welfare stigmatized workshops; they prefer the Department of Labour. The relationship between the two Departments should be placed on an on going agenda.

Q. Ms Gandhi observed that the field of disabled is the most fragmented, since there is talk of an integrated strategy what is the Department doing to bring this field together.

A. The Department encourages organisations to get into partnerships. The challenge lies with the organisations. Specialization is essential in the area of disability, but one stop service centres are required.

Q. Ms W Newhoudt-Druchen (ANC) asked the Department how they decide the means test especially for the deaf because most of them are physically able. She asked how the district surgeon is advised to assist the deaf in this regard.

A. The Director General said as a new DG, she is not in a position to answer this question. She promised that as the grants are being reviewed, the problem would certainly be addressed.

Q. The Chairperson complained that the attitudes of officials in the provinces is painting a dark and gloomy picture of the Department of Welfare.

A. The Director General conceded that retraining and re-orientation of welfare officials must be undertaken by her Department.

 

Appendix 1
CONVENTION 182: Elimination of worst forms of child labour

Introduction
· Parliament is asked to ratify convention
· South Africa was very active in the drafting of the Convention
· We want to be amongst the first countries to ratify it.

What does the Convention say?
· All members who ratify the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency.
· It goes on to define what is worst forms of child labour and what measures should be taken.

WORST FORMS OF CHILD LABOUR
· Slavery
· The sale and trafficking of children
· Debt bondage and serfdom
· Forced or compulsory or compulsory recruitment of children for use in armed conflict
· Prostitution
· Pornographic activities
· Illicit activities, such as production and trafficking of drugs
· Work harmful to the health safety and morals of children.

MEASURES TO BE TAKEN
· Identification as to whether the worst forms of child labour exist
· Set up mechanisms to monitor implementation of convention
· Design and implement programmes of action to eliminate as a priority the worst forms of child labour
· Ensure effective enforcement including through penal sanctions
· Prevent engagement of children in worst forms of child labour
· Help remove and rehabilitate children in the worst forms of child labour
· Ensure access to free basic education
· Identify children at special risk especially the girl child.

ACCOMPANYING RECOMMENDATION
Recommendations include on:
· What programme of action should aim to do and include
· What types of work could be hazardous to children
· How to implement including in respect of data collection and monitoring.

Can South Africa ratify the Convention
· YES
· We comply with the Convention....

Identification of worst forms of child labour
· Statistics SA with technical cooperation from the ILO are completing a comprehensive survey on the nature and extent of child labour.
· This survey will enable us to identify the most hazardous forms and act on them.

Mechanisms to monitor implementation
· Department of Labour has played a key role in establishing CLIG: Child Labour Intersectoral Group of the National Programme of Action for the Child
· Coalition of trade unions, business, NGO's and other government departments which monitors implementation and oversees implementation of a Programme of Action.

Programme of Action
· There is a programme of action in place
· Will be revised once the survey results are known.
· Revision will include a public consultation process with all relevant stakeholders.

Effective enforcement
· Basic conditions of Employment Act prohibits child labour under 15 and regulates between 15 and 18.
· Employers who engage in child labour subject to a maximum sentence of three years in jail. Enforcement is done jointly with Department of Welfare to take into account interests of child.

Remove and rehabilitate children
· Child care Act makes provision
· Act is being revised to inter alia improve this area.

Free basic education
· This is provided for in the South African Schools Act
· The challenge is to make it effective education so that children remain at school.

 

Appendix 2
BRIEFING BY DEPARTMENT OF WELFARE

CHILD LABOUR

1. INTRODUCTION

The total picture of child labour in South Africa is unclear. South Africa signed a Memorandum of Understanding with the International Labour Organisation (ILO) for a survey to be conducted to establish the nature, causes and extent of this phenomenon. The survey commenced in February 1999. The results will be available in March 2000. Child labour is defined as work by children under 18 years which is exploitative, hazardous or otherwise inappropriate for their age, detrimental to their schooling, or social, physical, mental, spiritual or moral development. The term work is not limited to work for gain. Appropriate activities related to skills training should not be viewed as child labour.

On 17 June 1999, the global will and global means to combat child labour were significantly strengthened as delegates from governments, employers and workers of the 174 member states of the ILO, unanimously adopted a new International Convention and Recommendation concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. (Convention 182).

Convention 182 applies to all children under 18 years and calls for immediate and effective measures as a matter of urgency to secure the prohibition and elimination of the worst forms of child labour. This Convention appears to be in line with the domestic law of our country.

South Africa is presently in the process to ratify Convention 182. Once ratified, our country is compelled to take action immediately to eliminate the suffering of children due to exploitative harzadous work which affects their development.

Child labour needs to be a top priority nationally and internationally if we are to protected children from slavery, sale and trafficking in children, debt bondage and serfdom, child prostitution, production of pornography or pornographic performances, trafficking of drugs and any work that is likely to jeopardise the health, development, safety or morals of children.

Street children is another category of children who are subject to child labour. Street children are abused children who are visible. Child prostitution is child labour which can be termed to be invisible as it is sometimes conducted behind closed doors.

Commercial sexual exploitation of children is child labour and is one of the most brutal forms of child exploitation. Victims suffer extreme physical, sexual, psycho-social and emotional abuse. These children become victims to sexually transmitted diseases as well as HIV/AIDS infections. Some men tend to believe that sex with a child can cure AIDS or that children are free from HIV/AIDS infections. However in certain instances, children end up being victims to substance abuse and even attempt suicide or commit suicide.

Parliament has assented to the Minimum Age Convention, Convention 138 of 1973 and Convention 100, Equal Remuneration 1951 and these instruments are to be deposited with the ILO for formal ratification.

2. OUTLINE OF PROGRAMMES

Priority should be given to the immediate removal of children from the most abusive forms of child labour including hazardous and exploitative

work. The importance of proper rehabilitation and reintegration of child labourers with the families and communities of origin by the Departments of Welfare is imperative. The welfare sector has developed developmental programmes based on strengths in communities to alleviate poverty and address the poorest of the poor, namely, the Child Support Grant for children 0-7 years which came into operation on 1 April 1998, Flagship Programmes for Women with Children under 5 years which are being replicated countrywide. At these programmes women are trained in capacity building such as business skills, nutrition and child care. There is also family preservation pilot programmes in KwaZulu Natal with the aim of strengthening the family unit. These programmes are to be replicated elsewhere.

The developmental programmes would ensure effective safety nets to cater for those who cannot be reached by economic growth. Poverty eradication and education should be seen as essential strategies to eliminate child labour.

Programmes providing sustainable employment and income opportunities to families who have/had working children should be developed and implemented. There should be direct assistance from the Government to families affected by poverty, for example, the Child Support Grant (for children 0-7 years).

3. POLICIES

South Africa has legislation against child labour, namely the Child Care Act and the Basic Conditions of Employment Act. There is need to develop mechanisms to implement these measures. The government's commitment to active participation in the International Programme for the Elimination of Child Labour (IPEC) in terms of the Memorandum of Understanding has now been added to its obligations in terms of the Convention on the Rights of the Child (CRC) and the Stockholm Declaration in relation to commercial sexual exploitation of children. South Africa clearly holds itself accountable to the international community for the elimination of child labour.

The following documents should be taken into account when developing policy and legislation pertaining to child labour:

• Constitution of South Africa.
• Convention on the Rights of the Child (CRC).
• African Charter on the Rights and Welfare of the Child.
• International Labour Organisation (ILO): Minimum Age Convention, 1973 (No. 138).
• Domestic Legislation, including the Basic Conditions of Employment Act 75 of 1997, Child Care Act, 1983 (Act 74 of 1983), South African School Act and the Extension of Security of Tenure Act.
• ILO Convention 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour.

In order to address child labour effectively the new Basic Conditions of Employment Act, 1997 (Act 75 of 1997) was drafted under the auspices of the Department of Labour. This Act was approved in Parliament in November 1997. It extends the scope of minimum standards legislation to all workers, including so called 'a typical' workers, with a chapter specifically on child labour. The chapter on child labour was promulgated and took effect on 22 March 1998.

Child Labour Policy on the Enforcement of the Basic Conditions of Employment Act, 1997 (Act 75 of 1997)(BCEA)

The purpose of the policy is to provide guidelines to:

• Inspectors on procedures to be followed before prosecution and guide inspectors on the perception of child labour.
• Explore mechanisms and techniques in implementing Section 43-46 of the BCEA.
• Outline ways in which the inspectorate will be working with other organisations dealing with child labour, for example, Education, Welfare, and Justice.
• Guide inspectors on the appropriate action to be taken be it educative or mentoring before prosecution procedure can be followed.
• Make sure that all involved in the enforcement of the legislation on child labour are trained and sensitised.
• Define the role of each key department or organisation on the effective enforcement of child labour provision.

Chapter 10 of the Basic Conditions of Employment Act (BCEA) spells out powers and functions of inspectors. Inspectors should educate employers and employees of their rights and obligations and also promote good conditions of employment. Inspectors should also monitor the compliance of the Act.

The Training Package for the inspectors should include the CRC. All officials involved in the enforcement of the legislation should be screened with regard to their attitudes to ensure that they are child-friendly and people-friendly. Criteria for screening should be formulated.

It is imperative that child care facilities should be developed, for example, shelters for the protection of children. All people having children in their care need to be informed and educated on the effects of child labour.

Children should be sensitised regarding their rights and procedures for reporting exploitation even if it happens in the home.

The obligation to develop and implement policies, legislation, strategies and measures for the elimination of child labour rests with the Government. Good governance can also maximise the potential for equitable and sustainable economic growth as a strategy to counter child labour.

NGO's and workers organisations especially those specialising in children and women issues and in rural development, should be encouraged to pay specific attention to child labour in their activities.

The interconnectedness between child labour and the social conditions of the child and the family should be at the centre of sustainable social development policies. Social and economic policies to combat poverty, including job creation programmes, should focus on the needs of families and the community.

Section 52 A of the Child Care Act, 1983, (Act 74 of 1983), as well as the Basic Conditions of Employment Act, prohibit employment for children under 15 years. The Network Against Child Labour and the trade unions recommended an absolute minimum age of 16 for the employment of children, and that children of 16 and 17 may be allowed to work, subject to conditions to be determined.

The Employment Conditions Commission should draft detailed regulations regarding children between 15 and 17 defining work that is considered as exploitative, hazardous or inappropriate for their age. This should include bonded labour, work in formal and informal mining, working at night, for example, children carrying heavy boxes to pack the shelves at shops, or young girls doing heavy loads of washing behind closed doors, working long hours and work involving the use of chemicals or heavy machinery.

Consensus was reached that legislation prohibiting child labour should remain in labour legislation but that further protective legislation should be included in the new Child Care Act. One aspect that needs to be revised is the fact that the Child Care Act defines a child to be a child under the age of 18 years. Currently Section 52 A provides that a child should not work under the age of 15. This Section should be amended to prohibit children to work under 18 years.

Legislation needs to be made accessible and widely disseminated to communities. Steps must be taken to ensure effective enforcement of legislation for child labour. South Africa should liaise closely with the ILO to learn from international experience regarding the policing of child labour provisions. Labour inspectors need to be trained and sensitised regarding enforcement issues.

Legislation or government procurement policies should provide that government contracts will be awarded only to companies/employers who do not make use of child labour, thereby acting as a disincentive against use of child labour and an incentive for them to run their operations without using child labour.

4. BUDGET

The children's budget for the National Department for the financial year 1999/2000 is approximately R700 000.

Child labour is addressed within the children's budget.

5. ANTICIPATED POLICIES/PROGRAMMES

5.1 Commitments should be translated into action. It is not only Government but our society as a whole which has to act to end the exploitation of children. While South Africa is committed to the minimum standards reflected in the ratified Conventions, Government, NGOs, communities should go far beyond them where child labour is concerned. The need for protection of young people against exploitation beyond the age of fifteen years is one area of concern. Children will not be protected if we fail to address the enormous burdens which the AIDS pandemic holds in store for our children, including a huge increase in their vulnerability to economic exploitation.

Each sector should target clear projects which ensure that children are free from economic exploitation and do not perform work that is likely to be damaging to the child's physical, mental, spiritual, moral or social development. There is a need to mobilise public opinion and action against broader injustices contributing to child labour. Children must be free to develop to their full potential through education and recreational opportunities.

2. The key areas for action:

5.2.1 Employment law, including provisions on the prohibition of child labour and increasing the capacity to enforce the law, which is the responsibility of the Department of Labour.

5.2.2 Appropriate educational policy and implementation, administered by the national and provincial Departments of Education, including attention to poor levels of achievements at school and school dropouts. Education is the principal means of preventing and eliminating child labour.

5.2.3 Adequate provision of social security coupled with developmental programmes administered by the national and provincial Departments of Welfare and supported by non-governmental organisations (NGOs).

4. Programmes for the creation of employment opportunities for adults and alleviation of poverty.
5. Social mobilisation and education programmes for the public, employers, parents and children.
6. Programmes that are developed should be appropriate and meaningful to the children themselves.
7. Children should participate in developing and implementing the Programme of Action.

Legislation is an essential tool for the effective elimination of child labour but not the only tool. Legislation needs to be coupled with effective policies, programmes and planning.

It is proposed that the inspectors should be proactive to detect child labour. When it comes to their attention that children are exploited, they should act immediately. However, inspectors may also be restricted by the law itself, for example, the informal sector where young children are employed mostly under verbal contracts or by subcontractors.

6. MECHANISIM TO ENSURE THAT PROGRAMMES WILL BE IMPLEMENTED AND SERVICES BE IMPROVED

The Department of Labour established an Intersectoral Committee, namely, the Child Labour Intersectoral Group (CLIG). The Department of Welfare is represented on this structure. Other role players are workers organisations and employers organisations.

The role of the structure is to co-ordinate and monitor services by the different government departments as well as non-governmental organisations.

NPA SECTORAL WORKING GROUP

The Department of Welfare established the Sectoral Working Group for the National Plan of Action for Children in South Africa (NPA). The role of the structure is to ensure the implementation of the Convention on the Rights of the Child, coordination and monitoring thereof within the welfare fratinity. Provincial coordinators are represented in the Working Group.

NPA STEERING COMMITTEE (NPASC)

The Office on the Status of the Child at the Office of the Presidency is the Principal for the implementation of the Convention on the Rights of the Child. The Office is responsible for coordinating and monitoring the implementation of the CRC. Government department's national non-governmental organisations, Human Rights Commission, Youth Commission and UNICEF are represented on the NPASC.

YOUTH

INTRODUCTION

The Minister for Welfare has identified the need to develop a national strategy to reduce youth criminality and youth unemployment as one of the priorities that drive the Department's response to the social crisis.

There has been a range of initiatives to address the different needs of young people. These initiatives, however, are not necessarily linked or complimenting each other.

The programmes direct to develop youth socially, range from prevention, early intervention, statutory and continuum care. These programmes are however, located within different policies.

To effectively address the diverse needs of young people, there is a need to develop welfare specific programmes to supplement the existing national youth policy.

POLICIES

The following policies exclusively address youth problems or have elements specifically focussing on implementing youth programmes.

• Transformation of the Child and Youth Care System
• National Youth Policy (by the National Youth Commission)
• National Crime Prevention Strategy (NCPS)
• National Drug Master Plan
• Poverty Alleviation Programme

BUDGET

Drug Prevention for youth R 100 000

Transformation of the Child and Youth Care System R11 000 000

One Stop Early Intervention Services R14 895 000

 

ANTICIPATED PROGRAMME / POLICIES

• Youth policy development
• Youth development programmes
• Youth community service
• Diversion programmes for young people in conflict with the law
• Extension of assistant probation programmes
• Establishment of reception, assessment and referral centre/services in all provinces.
• Appointment of family finders
• Victim support services
• Establishment of one stop early intervention services in four provinces
• Establishment of the Durban Reception, Assessment and Referral Centre as a capacity building opportunity
• Maintain Stepping Stones One Stop Youth Justice Centre as a capacity building opportunity

Special emphasis will be placed on the four target provinces for the Presidential Urban Renewal Programme viz Western Cape (Mitchells Plein & Kayalitcha); Eastern Cape(Motherwell & Mdantsane); KwaZulu Natal (KwaMashu & Inanda); Gauteng(Alexandra & Katlehong).

• Violence prevention in schools is a priority area within the NCPS. The Department of Welfare, as key participant in the National Crime Prevention Strategy, is actively involved in this programme through its provincial Victim Empowerment Programme (VEP) projects.

MECHANISM TO ENSURE PROGRAMMES WILL BE IMPLEMENTED AND SERVICES IMPROVED

The Department of Welfare has embarked on a strategy to integrate all pilot projects and programmes into the Department to facilitate equity and to link up projects with the financing policy and the national priority areas.

The Department of Welfare and the Department of Health are the lead departments within the newly formed structure in the National Youth Commission. This body ensures that youth issues are on the agenda of the respective departments and also give direction to the setting up of pilot projects by the National Youth Commission and other departments such as Labour.

The Department of Welfare supports the replication of the best practice models especially in the disadvantaged areas.

The funding for the One Stop Early Intervention Service Programme has been allocated to the nine provinces by way of conditional grants. Progress as well as expenditure reports will be submitted to the national Department of Welfare on a monthly basis, for onward transmission to the Department of State Expenditure.

Through strengthening of partnerships with other departments in policy development and implementation of programmes, services to youth are more coordinated. For example in developing the policy on health to be promoted in schools. The Department of Health has the Department of Welfare and Education as partners in reaching out to children and youth in schools and other learning institutions.

STATUS OF DISABLED PERSONS

INTRODUCTION

There is a realisation by the Department for the need to transform social welfare services for disabled persons. At the National Consultative Process in October 1999 representations were made by various organisations in the disability sector, which contributed to the decision that services to disabled people must be redesigned to promote human rights and economic empowerment.

SITUATION ANALYSIS

Attention from the Department is currently on economic empowerment. This was brought about by the confusion following the repeal of the Blind Persons' Act, and lack of guidance from the national office on subsidisation of services.

As a result, some provinces started cutting subsidy amounts to protective workshops. A study carried out by the Medunsa Organisation for Disabled Entrepreneurs (MODE) indicated the areas that urgently need transformation in protective workshops.

Following the October 1998 Jobs' Summit, a decision was made to allocate funds for broad economic empowerment of disabled persons. An amount of R 20 million is allocated to disability for this purpose.

OUTLINE OF PROGRAMMES

A consultative workshop was later held in November 1999 with the South African Federal Council on Disability. An agreement was reached that for the next three to five years the following are to be prioritised:

1. Monitor expenditure of the Poverty Alleviation Fund. Site visits to the funded projects to be made to assess impact and progress made, in consultation with the Thabo Mbeki DTDP.
2. Facilitate the transformation of protective workshops, with some funding from the Poverty Alleviation Fund in 1. above.
3. Facilitate the expansion of parent empowerment programmes by DICAG.
4. Facilitate the integration of developmental social welfare services for disabled people with social assistance.
5. Facilitate service provision for people with disabilities in one-stop / community-based services wherever Welfare is involved.
6. Facilitate further investigation into the circumstances of children and youth staying away from home, in residential facilities and hostels attached to schools for special education needs.
7. Initiate services for women with disabilities where there are specific needs not met elsewhere.
8. Facilitate the development of minimum standards for service delivery in disability to fast track the implementation of the new Financing Policy.
9. Maintain and initiate liaison at national (OSDP, SAFCD, Interdepartmental and Provincial) and international (RI, ARI and DPI) levels.
10. Facilitate sensitisation and capacity building of staff and management on disability.

Key to abbreviations:

• DTDP Development Trust for Disabled People
• DICAG Disabled Children Action Group
• OSDP Office on the Status of Disable People
• SAFCD South African Federal Council on Disability
• RI Rehabilitation International
• ARI African Rehabilitation Institute
• DPI Disabled People International

POLICIES

One of the activities to be undertaken is to evaluate existing policy / legislation to determine need, if any, for new policy / legislation. The White Papers on Social Welfare and the Integrated National Disability Strategy provide broad guidelines for service delivery. In both documents integration is the key operative word. The new Financing Policy for Developmental Social Welfare is being phased in. This policy is based on a framework that facilitates integration of services.

BUDGET

Due to the intention to integrate disability services in the Department, the 1999 / 2000 financial year did not have a disability specific budget. The intended plan was for focus areas, as indicated in the Financing Policy, to attend to disability issues. The budget from the focus areas was used mainly for subsistence and travelling. However, there was a reversal of decision toward the end of 1999 that disability receive priority attention. Business plans and budget will be disability specific in the coming financial year.

The R 20 million allocated for economic empowerment of disabled persons is used to initiate projects and develop models for future implementation, when other Government Departments will be approached to contribute and participate in the process.

ANTICIPATED PROGRAMME / POLICIES

The two white papers mentioned above are to be operationalised. This process, together with the implementation of the Financing Policy, will provide opportunities for innovation and creativity in service delivery. One of the key anticipated programmes is the integration of social assistance and welfare services, to maximise the benefit to disabled people in economic empowerment.

Transformation of protective workshops will continue for the next few years.

MECHANISMS TO ENSURE PROGRAMME IMPLEMENTATION AND SERVICES IMPROVEMENT.

• The Office on the Status of Disabled Persons is to put disability on the Directors General's Forum agenda.
• The Department will always be represented at the interdepartmental collaboration forum coordinated by the OSDP.
• The cooperative governance with Provinces is to be strengthened through sharing programmes and participation in decision making.
• The process initiated with the Thabo Mbeki DTDP on the management of the poverty alleviation fund and implementation of economic empowerment projects will be maintained.
• The Department will enter into agreement with the SAFCD membership for specific projects, especially those relating to minimum standards and monitoring service delivery.

 

CHIEF DIRECTOR: DEVELOPMENTAL SOCIAL WELFARE SERVICES

DATE: 23 February 2000