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ATC241122: Report of the Portfolio Committee on Women, Youth and Persons with Disabilities on the Petition calling on the Assembly to investigate the provision of free sanitary pads and menstrual health, dated 22 November 2024

Women, Youth and Persons with Disabilities

 

6. REPORT OF THE PORTFOLIO COMMITTEE ON WOMEN, YOUTH AND PERSONS WITH DISABILITIES ON THE PETITION CALLING ON THE ASSEMBLY TO INVESTIGATE THE PROVISION OF FREE SANITARY PADS AND MENSTRUAL HEALTH, DATED 22 NOVEMBER 2024.

 

The Portfolio Committee on Women, Youth and Persons with Disabilities met on 29 October 2024 to consider a petition calling on the Assembly to investigate the provision of free sanitary pads and menstrual health, submitted by Ms N Ndwandwe, referred to the Committee on 24 August 2024, reports as follows:

 

  1. BACKGROUND

 

  1. On 23 August 2024, Ms N Ndwandwe submitted a petition on behalf of the Free Sanitary Pads calling on the Assembly to investigate the provision of free sanitary pads and menstrual health. The Speaker of the National Assembly referred the petition to the Portfolio Committee on Women, Youth and Persons with Disabilities for consideration and report.

 

  1. The Committee met on 29 October 2024 and was briefed by Ms N Ndwandwe. In addition, the Committee was also briefed by the Department of Women, Youth and Persons with Disabilities in response to the petition.

 

  1. PRESENTATION BY TEAM FREE SANITARY PADS

 

Ms Ndwandwe expressed her appreciation to the Committee for granting her an opportunity to present the petition. In her opening statement she provided a brief background on the establishment of the Team Free Pads. She stated that the Team Free Sanitary Pads was initiated to ensure that menstrual health rights were recognised and treated as human rights. Other objectives included destruction of the narrative and stigma pertaining to menstruation. Furthermore, Ms Ndwandwe reiterated the importance and need for the provision of free menstrual hygiene products. Ms Ndwandwe concluded by outlining to the Committee the following provisions of Menstrual Health Rights Bill in addition to other mechanisms such as tax incentives. Herewith an overview of the provisions proposed:

 

  1. Menstruation is to be addressed, recognised and framed as a health issue, not just a hygiene issue (WHO, 2022).
  2. Include conversations to deconstruct a narrative by ending the stigma through various activities – education and awareness campaigns, workshops, reference materials, field visits by engaging communities and experts as well as collaborations.

c) Government policies: Formal communication with Members of Parliament in documented writing through electronic mail, request debates in Parliament through necessary procedures to review as well as ensure proper Audit/Audit Reports of the ongoing implementation of Menstrual Health and Hygiene Management in South Africa. Thus, engage relevant stakeholders.

 

3. RESPONSE BY THE DEPARTMENT OF WOMEN, YOUTH AND PERSONS WITH DISABILITIES

 

  1. In response to the petition submitted by Ms Ndwandwe, the Department of Women, Youth and Persons with Disabilities as led by the Head of the Sanitary Dignity Programme, Mr Motshoba, focused the presentation on the following:
  • Introduction
  • Implementing provinces
  • Sanitary Dignity Programme budgetary allocation
  • Contributions of other departments in the Sanitary Dignity Programme
  • Benefits of the Programme
  • Challenges of the Programme
  • DWYPD perspective on Menstrual Health and Hygiene Management Bill – And Law

 

The Department reported that the Provincial Departments of Education and Social Development were implementing the Sanitary Dignity Programme in all nine (9) provinces. The total budget allocated by National Treasury to all the Provinces for the period 2024/25 to 2026/27 was R771 864. In addition, the Department also noted the following:

 

  • All the National Financial Aid Scheme beneficiaries received stipends of R290.00 to purchase toiletries and menstrual products.
  • The Department of Correctional Services provided free sanitary pads to 3900 estimated women inmates.  
  • The Department of Social Development also provided free sanitary pads to women in places of care and safety. Child-headed households were also provided with free sanitary pads.
  • The National Department of Health provided free sanitary pads in maternity and psychiatric wards in public hospitals.

 

The Department also outlined the key benefits and challenges of the Sanitary Dignity Programme (SDP). With respect to the Petitioner’s request for the development of specific legislation, the Department provided a historical background on the process and development of the policy governing the implementation of the SDP and the reasons for not supporting the development of a specific piece of legislation in this regard.

 

4. COMMITTEE OBSERVATIONS

 

The Committee having deliberated on the presentations by Ms Ndwandwe and the Department of Women, Youth and Persons with Disabilities made the following observations:

 

  1. Team Free Pads

 

  1. The Committee appreciated the Team Free Sanitary Pads Movement for bringing a petition before the Committee and acknowledged the importance of the matters raised.
  2. The Committee enquired whether the Team Free Sanitary Pads Movement had proposed some of the interventions to other entities that they collaborated with.

 

4.2 Department of Women, Youth and Persons with Disabilities

 

4.2.1 General

  • The Committee welcomed the presentation of the Department on the Sanitary Dignity Programme.
  • The Committee noted that, both the presentations presented by the Team Free Sanitary Pads and that of the Department were acknowledging the existence shortcomings in the distribution of sanitary products and raised other similar concerns.
  • The Committee noted with concern the challenges pertaining to the implementation of the Sanitary Dignity Programme.
  • Awareness and Education: The Committee appreciated the initiation of the SDP and the importance of awareness and education in this regard.
  • The Committee welcomed the progress made since the implementation of the SDP; however, it was noted that there was a need for more concrete actions to eliminate the challenges.
  • Advocacy and Information Sessions: The Committee acknowledged the Advocacy and Information Sessions conducted on menstrual health in all provinces. However, the Committee enquired about who conducted those sessions.
  • WASH: The Committee noted that Water Supply, Sanitation and Hygiene (WASH) assessments were carried out in provinces as reported by the Department, but the Committee questioned who had conducted the assessments.
  • The Committee was concerned that the R290.00 stipend that was offered by NSFAS to students was not enough for purchasing cosmetics and sanitary towels.
  • The Committee noted that the SDP in its initial form was focusing on the provision of sanitary pads and not menstrual health holistically.
  • The Committee questioned what the best ways were of modifying the distribution of sanitary towels and reducing the stigma related to it.
  • The Committee questioned if there were additional resources that were needed to respond to menstrual health concerns.
  • The Committee noted that the distribution of sanitary towels through the provincial Department of Basic Education and the Department of Social Development was confusing.

 

4.2.2 Collaboration

  • The Committee enquired if the Department worked in collaboration with the NGOs that were also distributing sanitary towels and if not the reasons for the lack of collaboration.
  • The Committee was concerned that there was insufficient engagement between the Department of Women, Youth and Persons with Disabilities and the Department of Basic Education on the implementation of the SDP. The concerns noted by the Committee related to the distribution and provision as sanitary towels were in certain instances kept in the offices of school secretaries. This in turn led to learners’ dignity being impaired having to request for sanitary products as opposed to being issued discreetly.
  • The Committee enquired how collaboration with the Department of Basic Education could be improved for the effective implementation of the SDP.
  • The Committee questioned if there was collaboration between Team Free Sanitary Pads and other entities.

 

4.2.3 SABS Compliance

  • The Committee was concerned with the distribution of sanitary towels that were not SABS approved and the distribution in general to the relevant beneficiaries.
  • The Committee stated that there was a need to engage the Department of Trade, Industry and Competition to address the issue of retailers that were selling sanitary towels that were not SABS approved.

 

4.2.4 Monitoring and Evaluation

  • The Committee questioned the Department about the criteria that was used to coordinate the implementation of the SDP at a provincial level.
  • The Committee noticed that the Department had identified challenges through its M&E Plan, therefore, the Committee questioned if the Department had measures available to resolve those identified problems.
  • The Committee noted that the presentation was too general and lacked the requisite details Members needed to conduct more astute oversight. To this end, the Committee questioned the number of actual beneficiaries that were targeted in each province versus the number provided in the presentation.
  • The Committee noted that eligible girls at schools, within various constituencies of Members, did not benefit from the programme.
  • The Committee enquired about the intervention of the Department in provinces that did not establish Provincial Sanitary Dignity Committees and whether there were similar structures at a district and school level.
  • The Committee enquired about the oversight plan of the Department in provinces and regions in monitoring and evaluating the implementation of the SDP at a provincial, district and school level.
  • The Committee enquired as to whether the programme reached the rural areas. The Committee requested to be provided with a specific report on beneficiaries including the number of girls who benefitted in rural areas in relation to each province.
  • The Committee questioned that impact of the revised programme and whether there was any evidence to support the improvement in the attendance and participation of young girls in schools.

 

4.2.5 Budget

  • The Committee noted the Department’s concern that the allocated budget for the SDP even though had improved since the inception of the programmes was still insufficient. To this end, the Committee sought more clarity on the criteria that was used to determine the allocation to provinces and what had informed the Department in arriving at the determination that the existing budget was insufficient.
  • The Committee further noted that the underfunding of the SDP compromised the provision of sanitary towels.

 

5. COMMITTEE RECOMMENDATIONS

 

5.1 Department of Women, Youth and Persons with Disabilities

 

The Committee having deliberated on the presentations made by the petitioner and the Department, made the following recommendations:

  1. The Department to submit a list of the departments that were responsible for the distribution of sanitary towels in provinces.
  2. The non-delivery of sanitary towels to the Free State Province required urgent monitoring and evaluation and a report back to the Committee accordingly.
  3. In respect of the sanitary towels’ procurement that was considered expensive in the Northern Cape, the Committee resolved that the Department had to consider other available interventions like procuring the products from other provinces that could be proposed to the North Cape Province.
  4. The M&E of the SDP implementation should not be limited to the provision of sanitary towels, but broadly focused on menstrual health.
  5. Education and awareness raising on menstrual health should form part of the Life Orientation curriculum at a primary school level.
  6. The Committee resolved that there was a need for a review of the policies relating to the SDP and menstrual health awareness and education.
  7. The Committee should embark on a process to assess the SDP more comprehensively and engage all relevant stakeholders at a national and provincial level. To this end, the Committee would need to look into the financing of the SDP, beneficiation, corruption, gaps in the provision of sanitary towels, SABS compliance and engagement with all provinces (e.g. Premiers, MECs for Education and Social Development and all other relevant stakeholders).
  8. The Committee resolved that the Department of Women, Youth and Persons with Disabilities engage with the Department of Health and the South African Health Products Authority (SAHPRA) had to ensure the development of regulations for the development of good quality sanitary towels and to ensure that standards are adhered to.

 

Report to be considered.

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