ATC140407: Report of the Select Committee on Women, Children and People with Disabilities on its activities undertaken during the 4th Parliament (May 2009 – March 2014)

NCOP Women, Children and People with Disabilities

Report of the Select Committee on Women, Children and People with Disabilities on its activities undertaken during the 4th Parliament (May 2009 – March 2014)

 

 Key highlights

 

 1. Reflection on committee programme per year

 

2010

In terms of the work conducted by the Committee in 2009/10, the Committee struggled from the onset of its first terms without support staff. The situation was rectified. The Committee continued to perform oversight functions of areas relating to socially vulnerable groups and endeavoured to spend more time visiting provinces and communities in the new term to ensure that transformation in service delivery for socially vulnerable groups were felt on the ground. The Committee furthermore conducted oversight visits to the Eastern Cape and Kwazulu Natal provinces to investigate the high instances of infant and maternal mortality as well as to investigate the high rates of deaths attributed to male circumcision. Oversight work was also conducted in the Eastern Cape at the Bonnytoun Youth Detention Facility as well as at Pollsmoor prison to assess the condition of women in prison. The Committee furthermore held joint public hearings with the Portfolio Committee on Women, Children and People with Disabilities on implementation of the Domestic Violence Act. Follow up with Departments on these public hearings would continue jointly with the Portfolio Committee for the rest of the term.

 

2011

During the 2011 year the Committee intended to focus on the disability sector. Highlights for this year included provincial oversight visit to Limpopo and Gauteng provinces to investigate conditions for mentally disabled patients at the Old Nkensani and Evusaxeni Hospitals as well as the hosting of a provincial summit held jointly with the Portfolio Committee on Women, Children and People with Disabilities. This summit, which brought together the Women, Children and People with Disabilities Committees of all nine provinces proved successful in nationally aligning work and strategic plans of all committees dealing with women, children and people with disabilities. The Committee furthermore conducted a study tour to the USA to study best practice and observe how the USA balanced “best interest” principals to ensure a better life for all socially vulnerable groups.

 

2012

During 2012, milestones for the Committee included hosting the public hearings on implementation on the Convention on the Rights of Persons with Disabilities jointly with the Portfolio Committee on Women, Children and People with Disabilities. The Committee held these public hearings in terms of the NCOP Strategic Priority Four: Overseeing related initiates and overseeing the implementing of programmes aimed at assisting socially vulnerable groups. Also during 2012, the Committee conducted oversight visits in the Western Cape to the Khuti Home Care and Development Centre in Khayalitsha and the Siyazama Centre for disabled children in Gugulethu. The Committee also launched “Promoting Children’s Rights in South Africa: A handbook for Members of Parliament”. This book was launched jointly with the Portfolio Committee on Women, Children and People with Disabilities. The purpose of the handbook is to provide Members of Parliament with pertinent information on children’s issues that equip them to integrate a child’s rights perspective into the work of their Committees. Specifically, it seeks to encourage Members to conduct effective oversight and to enable them to ensure accountability with regards to service delivery from a child’s rights perspective, as well as to enhance public participation in this regard.

 

2013

For the period under review, the Committee aligned its programme to the NCOP strategic objectives, particularly in terms of Objective Four- Overseeing related initiatives and overseeing the implementing of programmes aimed at assisting socially vulnerable groups. In addition, to avoid duplication and to encourage coordination the committee had numerous joint meetings with the PC on Women, Children and People with Disabilities on such issues as the National Council for Gender Based Violence, performance reports from the Department of Women, Children and People with Disabilities and the Country Report on the United Nations Convention on the Rights of Persons with Disabilities.

Furthermore, during 2013, the Committee dedicated extensive time to follow-up on issues such as:

· Issues observed during previous oversight visits (such as male circumcision and ukutwala in the Eastern Cape Province)

· Implementation of the Domestic Violence Act

· National Council for Gender Based Violence

 

This involved follow up with numerous departments including the South African Police Services, the Department of Justice and Constitutional Development and the Eastern Cape Provincial Departments of Health, and Education.

 

 

2. Committee’s focus areas during the 4 th Parliament

 

 

During the 4 th Parliamentary term, the Select Committee on Women, Children and People with Disabilities focussed on five key areas as it relates to Women, Children and People with Disabilities. This resulted in the Committee, not only focussing on the work of the Department of Women, Children and People with Disabilities, but focussed also on the work of all departments as they relate to issues of women, children and people with disabilities. These key areas are aligned to match both the priorities as outlined by the strategic priorities of the NCOP as well as the priorities as outlined by the Department of Women, Children and People with Disabilities. These key areas are Violence; Survival and Development; Poverty and Economic Empowerment; Education and skills development and Ministry, Machineries, Government programme of Action.

 

 

1.1 Violence

Violence will focus specifically on abuse & neglect, gender based violence, child abuse images (pornography), trafficking & prostitution, shelters, care centres, access to appropriate social & health services and youth in conflict with the law.

1.2 Survival and development

Survival and development cuts across a broad range of issues that deals with the Millennium Development Goal (MDGs), child survival, maternal health, HIV and AIDS, access to health care & social services, food security and basic services that includes access to water, sanitation, housing, electricity, roads, transport.

1.3 Poverty & Economic Empowerment

A focus on poverty and economic empowerment will allow the committee to deal with issues relating to the poverty line, social security, poverty eradication strategies, unemployment strategies, SMME & access to finance and employment equity targets as well as a focus on rural development that includes communal land issues.

1.4 Education & Skills Development

Education and skills development relates to access to & quality education this includes primary, secondary, tertiary institutions. It also includes special needs schools, SETAs and funding specifically as it relates to bursaries.

1.5 Ministry, Machineries, Government Programme of Action

As part of it oversight function the committee will closely review the new Ministry and its progress. It will also monitor the following entities as it relates to the department and its entities as it relates to women, children and person’s with disabilities.

• Nat. Disability Machinery, disability desks

• Children’s machinery, child rights focal points

• Nat. Gender Machinery, gender focal points

• Review - Nat. Dis. Policy Framework

• NYDA

• Nat. Gender Policy Framework

 

 

 

3. Key areas for future work

 

Based on the Committee’s work during the 4 th Parliament, it is recommended that future work consider the following key areas:

· Evaluate the prevalence of intellectual disabilities in the work place. Evaluating mental illness and discrimination at work.

· Review the challenges related to accessing grants for people with disabilities. Reviewing the cost of living against the actual grant.

· Conduct a baseline assessment on all Departments on meeting the 2% target for employing people with disabilities.

· Assess the high incidence of sexual violence in all nine provinces and the relevant Department’s responses and budgets related to the problem.

· Commence a “Taking Parliament to the Children” initiative.

· Address high numbers of teen pregnancy across all nine provinces.

· Review the challenges to ensuring that traditional circumcision practices can take place without any deaths in all nine provinces.

· Host hearings on the Millennium Development Goals before the 2015 deadline.

· Assess the budgeting and structure around the National Council on Gender Based Violence and its provincial implications in all nine provinces.

· Violence against vulnerable groups such as rural women, women with disabilities, LBTI women, young women and elderly women.

 

 

4. Key challenges emerging

· Escalating deaths of male initiates from both legal and illegal circumcision schools

· Committee noted the living on conditions of disabled persons in state hospitals in Limpopo

· The public hearings on the implementation of the Domestic Violance Act, as well as the Committee’s oversight during its Parliamentary term, the Committee noted the escalation of domestic violence. Service delivery to victims of domestic violence has been slow and the full implementation of the envisaged Domestic Violence Act has not been realised across all departments.

 

5. Recommendations

 

· In terms of deaths related to male circumcision, the Committee resolved prioritise and advocate for the need for legislation to regulate male circumcision across provinces, in an attempt to minimise and eradicate circumcision deaths

· The Committee further resolved to facilitate the creation of a forum, amongst departments and stakeholders dealing with male circumcision in an attempt to share knowledge and best practice.

· Disability

 

 

 

 

1. Introduction

 

 

· Mission statement of the Committee:

 

To perform oversight over the departments and entities reporting to the committee, and to champion issues relating to socially vulnerable groups of women, children and persons with disabilities across departments. To work comprehensively with stakeholders and other partners in mainstreaming issues of gender, children and persons with disabilities.

All departments and entities in respect of its services to women, children and persons with disabilities

· Mandate and strategic priorities of the Committee:

 

  • Consider legislation
  • Conduct oversight of any organ and constitutional institutions falling within its portfolio
  • Facilitate appointment of candidates to entities
  • Consider international agreements and;
  • Consider budget of department and entities falling within its portfolio.

 

1.1. Department/s and Entities falling within the committee’s portfolio

 

 

a) Department of Women, Children and People with Disabilities

 

 

Promoting, facilitating, coordinating and monitoring the realisation of the rights and empowerment of women, children and people with disabilities.

 

Strategic Objectives:

 

· Strengthen good governance for the Department to deliver on its mandate;

· Promote, advocate and monitor women’s empowerment and gender equality;

· Promote, advocate and monitor children’s rights and responsibilities;

· Promote, advocate and monitor the rights of people with disabilities.

 

Strategic outcome oriented goals:

 

· Promote the realisation of the rights of women, children and people with disabilities;

· Facilitate the empowerment of women, children and people with disabilities for equitable access to public and private sector programmes and services;

· Effective and efficient Department;

· Reported incidents of gender-based violence reduced

 

b) Entities:

 

Name of Entity

Role of Entity

The Committee does not have an entity that reports directly to it, however during its Parliamentary term, the Committee utilised its discretion in inviting entities those entities whose work impacts on the lives of women, children and people with disabilities. These included amongst others, the Commission for Gender Equality, the Independent Complaints Police Directorate

 

1.1 Functions of committee:

 

Parliamentary committees are mandated to:

 

· Monitor the financial and non-financial performance of government departments and their entities to ensure that national objectives are met.

· Process and pass legislation.

· Facilitate public participation in Parliament relating to issues of oversight and legislation.

 

1.2 Method of work of the committee (if committee adopted a particular method of work e.g. SCOPA.)

 

The Committee was allocated Wednesday slots from 10:00-12:30 to meet

 

1.3 Purpose of the report

 

The purpose of this report is to provide an account of the Select Committee on Women, Children and People with Disabilities work during the 4 th Parliament and to inform the members of the new Parliament of key outstanding issues pertaining to the oversight work of the Department of Women, Children and People with Disabilities and all other departments and entities the Committee at its discretion felt needed to report on in terms of the services they provide to women, children and people with disabilities .

 

This report provides an overview of the activities the committee undertook during the 4 th Parliament, the outcome of key activities, as well as any challenges that emerged during the period under review and issues that should be considered for follow up during the 5 th Parliament. It summarises the key issues for follow-up and concludes with recommendations to strengthen operational and procedural processes to enhance the committee’s oversight and legislative roles in future.

 

 

 

2. Key statistics

 

The table below provides an overview of the number of meetings held, legislation and international agreements processed and the number of oversight trips and study tours undertaken by the committee, as well as any statutory appointments the committee made, during the 4 th Parliament:

 

Activity

2009/10

2010/11

2011/12

2012/13

2013/14

Total

Meetings held

0

16

12

8

12

48

Legislation processed

0

0

0

0

1

1

Oversight trips undertaken

0

3

1

1

0

4

Study tours undertaken

0

0

1

0

0

1

International agreements processed

0

0

1

1*

0

1

Statutory appointments made

None

None

None

None

None

None

Interventions considered

None

None

None

None

None

None

Petitions considered

None

None

None

None

None

None

 

3. Stakeholders:

None

 

 

 

 

4. Briefings and/or public hearings

 

 

Briefings:

 

 

The Committee held joint meetings with the Portfolio Committee on Women, Children and People with Disabilities, particularly as it related to oversight on the Department of Women, Children and People with Disabilities. These meetings were held to consider issues varying from the Department’s budget and strategic plan, to the Department’s annual report. The Committee furthermore had joint meetings with the Portfolio Committee as it related to follow up meetings with departments in respect of the public hearings on the Domestic Violence Act and the United Nations Conventions on the Rights of Persons with Disabilities.

 

During its term, the Committee further focussed its briefings on follow-up on oversight that it had conducted, particularly in respect of male circumcision deaths in the Eastern Cape, Mpumalanga and Limpopo provinces.

 

Joint National Summit with Portfolio and Select Committees on Women, Youth, Children and Persons with Disabilities, 28 - 31 MARCH 2011

 

 

Background and purpose of National Summit

 

The Select Committee (the committee) on Women Children and Persons with Disabilities conducted a national and provincial summit on Women Children and Persons with Disabilities jointly with the Portfolio Committee on Women Children and Persons with Disabilities from the 28-31 March 2011.

The purpose of the summit was to engage with the provincial structures dealing with matters related to women children and persons with disabilities and in so doing work more collaboratively. In turn, the outcomes of such an engagement serves not only to strengthen relations with national Parliament but also will be used for Committees to review their strategic plans for financial year 2011 - 2014.

The objectives of the summit were to:

  • Identify the relevant structures within the Premier’s office dealing with matters pertaining to women, children and persons with disabilities.
  • Ascertain whether the Memorandum of Understanding is finalised between the Premier’s office and the Department of Women, Children and People with Disabilities.
  • Understand Provincial Strategic plan with regard to women, children and people with disabilities.
  • Establish areas of concerns, challenges and best practice within each province in relation to women, children and persons with disabilities.
  •  

The Committees invited the Office of the Premier dealing with women, children and persons with disabilities to participate and be part of the meeting. The briefing covered the following areas:

  • Brief description of structure within the Premier’s Office dealing with women, children and persons with disabilities – this should include reference to status of MOU with the Department of Women, Children and People with Disabilities;
  • Key programmes implemented by the Premier’s office dealing with women, children and persons with disabilities;
  • Key challenges, concerns, best practice.

 

Challenges and concerns raised by the forum at National Summit:

 

  1. Structural inconsistencies across provinces: some offices are not located within the Office of the Premiere, while those located within the Office of the Premiere are special programmes offices or unites.
  2. Limited Human and Financial Resource capacity: the levels at which staff are employed in these offices is problematic as they often do not have decision-making authority. While other offices are severely understaffed. There also exists a lack of specialised skills and research experience.
  3. Matters pertaining to Children and Persons with Disabilities were often combined within an unit, while Gender formed part of a unit on their own. In some instances, children’s issues did not form part of special programmes within the Office of the Premiere.
  4. Lack of understanding and implementation of mainstreaming: the understanding of mainstreaming differed across provinces and how this was translated into specific programmes.
  5. Provinces expressed a concern disaggregated data in relation to women, children and persons with disabilities.
  6. The ability of provincial legislatures to hold HOD’s to account in terms of ‘service delivery‘ to women, children and persons with disabilities.
  7. In terms of Provincial Legislatures, it emerged that some Legislatures did not have specific committees that spoke to the needs of women, children and persons with disabilities, while others only spoke to one of these groups.
  8. The lack of focal points: it emerged that certain provinces experienced a lack of focal points that spoke only to women, and not to children and persons with disabilities.

 

Key considerations and outcomes of National Summit

  1. Consider motivations for the assignment of a Chief Directorate to mainstream issues effectively within provinces. (In order to take into the fact that issues of women, children and persons with disabilities are transversal).
  2. It was noted that performance contracts of HOD contained provisions that spoke to ‘service delivery’ to women, children and persons with disabilities. In this way, it ensures that the HOD is accountable to these sectors.
  3. The establishment of a specific committee that deals with these specific sectors should be considered. This will assist in the monitoring and evaluation of government service delivery.
  4. There exists a need to ensure compliance with international instruments and government obligations at a provincial level. This will ensure that national policies are translated and implemented at a provincial level.
  5. It is important to note that from a human rights perspective, there are certain implications for grouping women, children and persons with disabilities and referring to them as vulnerable.
  6. The structural alignment between the National Department and Provincial and Local Governments need to be considered.
  7. At a provincial level, all legislation, budgets, policies, should consider the implications thereof on women, children and persons with disabilities.
  8. The inclusion of women, children and persons with disabilities sectors needs to be considered in terms of public participation at a provincial level.

 

Public Hearings:

Public hearings on implementation of the Domestic Violence Act

 

The Portfolio and Select Committees on Women, Youth, Children and People with Disabilities conducted public hearings on the 11 year implementation of the Domestic Violence Act (DVA), No 116, 1998 on the 28 & 29 October 2009.

The objectives of the public hearings were to:

  • Investigate the incidence of human rights violations with respect to violence and abuse.
  • Establish whether the Domestic Violence Act has been effectively implemented.
  • Identify key challenges with respect to the implementation of the Domestic Violence Act.
  • Understand shortcomings in Government’s response to domestic violence.
  • Identify best practices models that can be up – scaled to mitigate domestic violence.
  • Make findings and recommendations – identify short, medium and long term solutions and action required by Parliament and the Executive.
  • Ascertain the impact of the Domestic Violence Act on persons particularly women, youth, children and people with disabilities.

 

DVA made specific recommendations with respect to each department namely

 

Public hearings on implementation of the Convention on the Rights of Persons with Disabilities

 

The Select Committee, held a joint public hearings with the Portfolio Committee on Women, Children and People with Disabilities from 25 th -26 th July 2012. As South Africa has committed to the Convention and in doing so has agreed to its obligations it was the intention of the public hearings to determine how far the country has come in implementing the Convention.

The objectives of this public hearing were as follows:

a) To identify progress made in implementing the Convention,

b) To identify challenges in implementing the Convention from both civil society and the Executive,

c) To ascertain mechanisms that would aid the implementation of the Convention.

 

DVA made specific recommendations with respect to each department namely

 

5. Legislation

 

The following pieces of legislation were referred to the committee and processed during the 4 th Parliament:

 

Year

Name of Legislation

Tagging

Objectives

Completed/Not Completed

 

 

 

 

 

2009/10

None

 

 

 

 

 

 

 

 

2010/11

None

 

 

 

 

 

 

 

 

2011/12

None

 

 

 

 

 

 

 

 

2012/13

None

 

 

 

 

 

 

 

 

2013/14

Commission for Gender Equality Amendment Bill

[B36-2012]

To amend the Gender Equality Act of 1996 so as to align it with the Constitution of the Republic of South Africa 1996 and to provide with matters connected therewith.

Completed

2014

Women Empowerment and Gender Equality Bill

[B50-2013]

To give effect to section 9 of the Constitution of the Republic of South Africa, 1996, insofar as the empowerment of women and gender equality is concerned; to establish a legislative framework for the empowerment of women; to align all aspects of laws and implementation of laws relating to women empowerment, and the appointment and representation of women in decision making positions and structures; and to provide for matters connected therewith.

Completed

 

a) Challenges emerging

 

The following challenges emerged during the processing of legislation:

 

In terms of the Committee’s processing of the Women Empowerment and Gender Equality Bill, the Committee had very limited time within which to process this Bill. As Parliament was nearing the end of the Parliamentary term, the short timeframes put excessive pressure on the Committee as well as provincial legislatures in ensuring that this Bill was processed.

 

b) Issues for follow-up

 

The 5 th Parliament should consider following up on the following concerns that arose:

 

In terms of the Commission for Gender Equality Amendment Bill, the Committee recommended that the National Assembly include the participation of the National Council of Provinces and civil society in the nomination process for Commissioners.

 

 

 

 

6. Oversight trips undertaken

 

The following oversight trips were undertaken:

 

Date

Area Visited

Objective

Recommendations

Responses to Recommendations

Follow-up Issues

Status of Report

19 May 2010

Western Cape

Oversight visit to the Bonnytoun youth detention centre and Pollsmoor prison to assess the conditions of women in prison and receive a status briefing from the Child Protection Unit on youth on awaiting trail youths

See below

See below

Follow up visit to the Bonnytoun facility in Kraaifontein

Adopted

27-29 July 2010

Eastern Cape, Kwazulu Natal

Oversight visit to the Eastern Cape and Kwazulu Natal provinces to investigate responses to high infant and maternal mortality rates and to assess and investigate the implementation of the Programme for Mother to Child Transmission of HIV/AIDS and Community Child survival campaign

See below

See below

Refer to (a) and (b) below

Adopted

26-28 February 2011

Limpopo and Gauteng

Limpopo:

Investigate allegations of neglect and inhumane conditions for mentally disabled patients

Investigate interventions by the Limpopo Provincial Department of Health and their plan of action for disabled persons in the province

Investigate the accessibility and disbursement of the social support grants and support provided through the Limpopo Provincial Department of Social Development and the South African Social Support Agency

 

Gauteng:

Meeting with the Commission for Gender Equality on work done in Gauteng province and progress made in respect of its Turnaround Strategy

Meeting with the Tshwaranang Legal Advocacy Centre for Women to discuss their work in relation to implementation of the Domestic Violence Act

See below

See below

 

Adopted

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

23 March 2011

Western Cape

Oversight visit to the Saartjie Baartman Centre for abused women and the Thuthuzela Care Centre

 

The objective of the oversight visit was to investigate the implementation of the Domestic Violence Act and the accessibility of provisions provided in the Act

 

 

 

Adopted

23 May 2012

Western Cape

Local oversight visit to the Khuti Home Care and Development Centre and the Siyazama Centre for disabled children to

 

 

 

Adopted

 

 

 

 

 

a) Challenges emerging

Eastern Cape and Kwazulu Natal

 

General

Hospitals and clinics in both provinces had some similar challenges and key issues within their health structures. The following points outline these challenges as observed by the committee:

· Lack of ambulances and insufficient emergency medical personnel.

· Poor management of patients (referrals).

· Insufficient doctors and nurses in the province.

· Shortage of medicines and other essential medical equipment.

· Overcrowding in hospitals.

· Accommodation for doctors.

· Insufficient funds to accommodate.

·

Specific challenges for the Eastern Cape

· Lack of incubators and oxygen tanks in the hospital and ambulance.

· St Barnabas only has one ICU nurse. Clinic needs more personnel.

· No X-ray facilities after hours.

· A need for radiography specialists.

· A need for specialized scrub nurses.

· Illegal abortions.

Specific challenges for the KwaZulu Natal

· High prevalence of HIV/AIDS.

· Hospital administration requires funds for PMTCT programmes as PEPFAR ( U.S. President's Emergency Plan for AIDS Relief )

· funding will be withdrawn.

· In order to meet MDG targets on maternal mortality, hospital officials suggested an increase of R17.00 per capita on the budget.

 

Bonnytoun Youth Detention Centre and Pollsmoor Prison oversight visit

 

Bonnytoun

The Committee committed to visiting the new Bonnytoun facility once it has moved to its new location in Kraaifontein. To date, this move has not happened. During that visit the Committee should consider the following:

· Improved inter-sectoral budget alignment between the Departments of Health, Social Development and Justice.

· Observe whether the new facility has established adequate security measures in place.

· Inclusion of the Department of Education in the inter-sectoral strategy.

 

Pollsmoor Prison

While no commitments were made on the part of the Pollsmoor Correctional Facility, it was noted that it is important for the Select Committee to maintain oversight over the facility in terms of overcrowding and in terms of the amount of children in the Women’s Centre of Excellence. It is critical that the Select Committee ascertain to what extent these interventions have had the desired outcomes. In this regard, it is important that the Select Committee receives regular briefings from the facility in terms of the monthly case flow meetings that are attended.

In terms of skills development, it is critical that the Committee ascertain whether these programmes are registered with the Department of Education in terms of Further Education and Training and whether these skills are actually employed by women once they are released from the facility.

 

 

 

Limpopo and Gauteng oversight visit

 

Limpopo

Whilst no commitments were made in respect of the Limpopo Provincial Department of Health, the delegation mentioned its intention to have further follow up engagements with the Department in respect of the accommodation for the mentally disabled patients at the Evuxakeni Hospital in Giyani, Limpopo. Since 2011, the Committee has conducted numerous follow-ups with the Limpopo Provincial Department of Health, culminating in a meeting with them on the 27 th February 2013. As a result of that meeting the Committee recommended the following:

  • The disparity in funding allocation across provinces be investigated; and
  • The lack of additional funding for the Presidential Priority project of the Siloam hospital be investigated.

 

Commission for Gender Equality

The delegation resolved to:

  • Assist the CGE in promoting a national workshop for law enforcement officials in respect of issues related to gender based violence.
  • Address the non-functionality of the Equality Courts.
  • Champion the review of the unfunded mandate of the CGE in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act.

 

 

 

 

7. Study tours undertaken

 

The following study tour was undertaken:

 

Date

Places Visited

Objective

Lessons Learned

Status of Report

25-29 July 2011

USA

To study best practice in terms of how a developed country such as the USA is balancing “best interest” principals to ensure a better life for all socially vulnerable groups

In reflections on its study tour to the USA, the Committee noted various key lessons learnt from this tour. It was discovered that unlimited funding is no substitute for highly efficient co-ordination of various agencies across many departments and disciplines, providing services to women, children and persons with disabilities. South Africa has world class legislation for the protection of women and children, however, lessons can be learnt from international examples in respect of the implementation and monitoring of existing legislation. Further, another key element to the effective delivery of services is that legislation is matched by appropriate funding. This has been a key weakness noted by the Committee in its oversight over existing legislation relating to women, children, and persons with disabilities, and this is an important lesson learnt whilst the Committee conducted its study tour in the USA.

Proper training of police officers to adequately respond to the unique needs of the domestic violence victims and highly efficient coordination of services to those victims has been another key lesson learnt during this study tour. This key lesson is response to the existing weaknesses identified by the Committee in respect of the little training South African police officers have particularly in respect of their mandate in the implementation of the Domestic Violence Act.

 

Adopted

 

 

a) Challenges emerging

 

The following challenges emerged during the study tour:

 

 

NEW YORK

New York Mayors Office for Combat Domestic Violence

  • Mandatory arrests in cases of domestic violence
  • Housing assistance for women and children who find themselves in violent or abusive circumstances
  • Medical provider’s guide to managing the care of domestic violence patients, this includes focussing on the Victim Empowerment Wheel
  • Domestic violence prevention officers, this involves training qualified police men and women to specifically deal with cases of domestic violence.
  • It is legislated that employers must ensure that women are provided with safe working conditions
  • Coordinated action in respect of domestic violence victims, providing a wide range of coordinated services from a wide a variety of agencies which all follow a domestic violence protocol.

Red Hook Community Justice Centre

  • Members suggested that a model of the Red Hook Community Justice Centre should be introduced in South Africa.
  • It was further noted that based on previous oversight conducted by the Committee, South African women are finding it difficult to access protection orders, domestic violence protocols similar to those implemented by Red Hook should be introduced in South Africa.

 

Family Justice Centre Bronx:

  • Fatality review report that investigates the circumstances that relate to deaths as a result of domestic violence
  • Domestic violence officers following up with families whether or not women decides to go back to partner. Evidence has shown a reduction in recurrence in domestic violence with follow up home visits.

 

WASHINGTON:

Women’s Bureau, US Department of Labour:

  • Workplace flexibility especially in respect of persons with special needs.
  • Legislative instruments that offered employment protection for working women, namely the Family and Medical Leave Act of 1993, which also offers up to twelve weeks unpaid leave with job protection, within any given twelve month period for specified family and medical reasons. This would be an invaluable tool for the working women of South Africa who currently only are only permitted five days family responsibility leave.
  • Whilst the visit was fruitful, it was clear that in some cases South Africa has made positive strides specifically in respect of maternity leave for women.

Administration for Developmental Disabilities:

  • Using ‘people first’ terminology- ensuring that terms such as “people with disabilities” are used as opposed to “disabled people”
  • Of particular emphasis in respect of programmes was that of integration of persons with developmental disabilities, both in respect of employment and education in their communities of origin. This is further exemplified by the move away from the instutionalisation of persons with mental and developmental disabilities to integration in their communities of origin.
  • Members were particularly interested in the State Councils on Developmental Disabilities that assisted with protective systems for people with disabilities as well as identify the needs of those persons in the all the states in the USA. Members were interested in having them implemented in all nine provinces in South Africa.
  • The US Developmental Disabilities Assistance and Bill of Rights Act of 2000, which in it legislates provisions for the protection of persons with developmental disabilities. This Act is monitored by the Administration for Developmental Disabilities, lessons to be learnt is the creation of a similar national agency in South Africa to promote the rights and integration, advocate and protect the rights of persons with disabilities.

COLORADO:

  • Establish a children’s caucus using some of the key components outlined in the Early Childhood Council
  • Members suggested Bal Swan consider sharing their programmes and models with international partners such as South Africa
  • Online lectures and parent support groups
  • Members want to motivate relevant stakeholders to form relationships with the private sector to assist with funding and other resources.

 

 

b) Issues for follow-up

 

The 5 th Parliament should consider following up on the following concerns that arose:

 

· Members recommended that a mini project is conducted in one municipality to pilot programmes similar to those rolled out by the OCDV (the New York City Mayor’s Office to Combat Domestic Violence (OCDV).

· A pilot project similar to that of the Red Hook Community Justice Centre be rolled out in South Africa

· The implementation of a pilot training programme for domestic violence officers to be stationed in a pilot community in South Africa that has a high prevalence of domestic violence

· The establishment of Provincial Councils for Developmental Disability

· The establishment of a national entity, which would fall under the Department of Women, Children and Persons with Disabilities, to specifically monitor, advocate and protect the rights of persons with disabilities.

 

8. International Agreements:

 

The following international agreements were processed and reported on:

 

Date referred

Name of International Agreement

Objective

Status of Report

Date of enforcement

22 June 2011

SADC Protocol on Gender and Development

To provide for the empowerment of women and eliminate discrimination and to achieve gender equality and equity through the development and implementation of gender responsive legislation, policies, programmes and projects

Adopted

Considered by the House on the 18 November 2011.

 

a) Challenges emerging

 

The Committee did not encounter any challenges in terms of the processing of this international agreement.

 

 

b) Issues for follow-up

 

The 5 th Parliament should consider following up on the following concerns that arose:

 

· The Committee noted that the emphasis of the Protocol was largely placed on girl-children and concerns were raised that male children were sidelined at the inception stage of the development of policy and programme. The Committee recommended that the Department of Women, Children and People with Disabilities and other stakeholders drafting policies on gender equity and gender development needed to strike a balance between male and female children and youth

· The Committee suggested that the Department of Women, Children and People with Disabilities utilise the constituency offices of political parties to disseminate information on the protocol to local communities.

 

 

 

 

9. Statutory appointments

 

No statutory appointments were made for the period under review

 

10. Interventions

 

No interventions were referred to the Committee for the period under review

 

11. Petitions

 

No petitions were referred to the Committee for the period under review

 

12. Obligations conferred on committee by legislation:

 

None for the period under review

 

13. Summary of outstanding issues relating to the department/entities that the committee has been grappling with

 

The following key issues are outstanding from the committee’s activities during the 4 th Parliament:

 

Responsibility

Issue(s)

 

After the Department presented on the National Council on Gender Based Violence the Committee indicated a need to follow up on budgeting and structure around the National Council on Gender Based Violence and its provincial implications in all nine provinces.

 

The Committee continues to address and grapple with the high number of deaths as a result of male circumcision. They will continue to conduct oversight on this matter. This will include following up on the high number of deaths amongst young boys in provinces such as the Eastern Cape, Limpopo and Mpumalanga.

 

After visiting the Pollsmoor Correctional Facility, the Committee wishes to follow up on children living in prisons with their mothers across the country . This will include evaluating the placement interventions.

 

 

 

 

14. Recommendations

 

None

 

 

15. Committee strategic plan

 

At the beginning of its tenure, the Committee adopted a five year strategic plan which it updated annually to be consistent with the priorities outlined by the State of the Nation Address

 

 

Documents

No related documents