NATIONAL PROGRAMME OF ACTION FOR CHILDREN IN SOUTH AFRICA: FRAMEWORK

31 May 1996

National Programme of Action Steering Committee, Pretoria, South Africa

Contents

The National Programme of Action Steering Committee wishes to acknowledge the following organisations and individuals for their contributions to the development of this report:

Alyssa Wigton and Marian Jacobs of the Child Health Policy Group, UCT (supported by a grant from the Henry J Kaiser Family Foundation), Peter Newell of the Child Rights Development Unit (United Kingdom), Lesley Henley, (Institute of Child Health, UCT), Linda Biersteker and Mary Newman (Early Learning Resource Unit), Heather Jacklin (Department of Education, University of Cape Town), Omar Badsha (Ikapa), Ray Lazarus (Centre for Health Policy, University of the Witwatersrand), and Richard Morgan, (UNICEF, SEAR).

Sectoral working groups of the Steering Committee, representatives of the respective government departments, representatives of provincial committees, the National Committee for the Rights of Children (NCRC), the United Nations Children's Fund (UNICEF), and non-governmental organisations made substantive contributions through their participation in this process and making available information derived from governmental and non-governmental publications and policy documents. This publication was made possible by a grant from the United Nations Children's Fund (UNICEF).

Any part of the Framework for a National Programme of Action for Children in South Africa may be reproduced with the appropriate acknowledgement. 31 May 1996

Preface

At the 1990 United Nations World Summit for Children, over one hundred and fifty-nine countries pledged to enhance the survival, protection and development of millions of children throughout the world. South Africa adopted these goals for its own children and, in June 1995, ratified the United Nations Convention on the Rights of the Child (CRC). The CRC is an internationally endorsed set of fundamental rights for all children.

These events marked a major step forward in the Government of National Unity's commitment toward improving the well-being of children in South Africa.

This framework for the National Programme of Action outlines the actions that South Africa will take to implement its commitment to children.

If you wish to comment on the framework, or would like to make a contribution to the National Programme of Action, please contact:

Dr G Mtshali

Introduction

On June 16 1995, the South African Government of National Unity ratified the United Nations (UN) Convention on the Rights of the Child (CRC). In so doing, it committed South Africa to implementing the principle of a "first call for children" whereby the needs of children are considered paramount throughout the government's programmes, services and development strategies. This principle was adopted by the Reconstruction and Development Programme (RDP) and is the basis of South Africa's commitments to children.

The National Programme of Action (NPA) is the instrument by which these commitments to children are being carried out. It is a mechanism for identifying all plans for children developed by government departments, non-governmental organisations and other child-related structures, and for ensuring that all these plans converge in the framework provided by the CRC, the goals of the 1990 World Summit for Children, and the Reconstruction and Development Programme.

In April 1996, the Cabinet approved the NPA framework and its implementation by the relevant ministries and departments. The NPA framework is not a separate plan for children: it is an integration of all the policies and plans developed by government departments and non-governmental organisations to promote the well-being of children.

Current Situation of Children

The 1990 World Summit for Children set specific goals for the survival, protection and development of the world's children.

In many areas, significant improvements must be made in the status of South African children in order to reach these goals by the year 2000. Accurate national data are not available to describe all components of the current status of children's well-being and this is another site for improvement.

Many governmental and non-governmental services, programmes and groups are concerned with improving the well-being of South African children.

Within the national government, an Interministerial Core Group1 has been appointed by the Cabinet to oversee the process of the National Programme of Action for Children. A National Steering Committee comprising Directors-General of the seven appointed ministries, the National Committee for the Rights of Children (CRC), and the United Nations Children's Fund (UNICEF) has been established to oversee co-ordination, implementation and monitoring of the National Programme of Action (NPA) and to ensure that it accords with the commitments of the Convention on the Rights of the Child.

In addition, several of the Presidential Lead Programmes of the Reconstruction and Development Programme focus on children and include programmes for rural and urban renewal and human resource development and - more specifically - for the promotion of the health, education, welfare and protection of children.

Within the non-governmental sector, there are numerous organisations, networks, alliances and community development institutions that dedicate their work to improving children's lives.

The Action Programme Framework and its Components

The policy priorities adopted by the Steering Committee for the National Programme of Action for Children in South Africa are:

These are the policy areas on which the country's progress in meeting the mandates of the CRC will be reported. They also provide a child-centred focus by which all government departments are able to identify their commitments to promoting specific policies for children.

Within each of these policy areas, special attention will be paid to the needs of children living in difficult circumstances, or with special needs, such as children who are homeless, living in poverty, abused, orphaned, disabled, have chronic illnesses or are the victims of violence.

For each policy area, implementation of the NPA will be guided by the following specific components:

Sources to be mobilised include the Treasury, donor funding, and the private sector. A mechanism for re-prioritising sectoral activities to focus on resources for children is also being considered. The monitoring plan will include baseline data, indicators, plans for regular and timely collection, analysis and publication of data, and consideration of constraints.

In this framework, a summary of national goals, relevant CRC articles, responsible lead and supporting sectors, and national strategies within the priority policy areas are presented. Identification of relevant resource requirements, resource mobilisation strategies and a monitoring plan will be the responsibility of each of the respective sectors.

Provincial plans of action based on provincial needs and resources have also been developed in accordance with this framework.

Nutrition

I. Goals

II. Relevant articles of the Convention on the Rights of the Child

III. Responsible lead and supporting sectors

Lead sectors: Agriculture, Health
Supporting sectors: Labour, Land Affairs, Posts, Telecommunications and Broadcasting, RDP, South African Communication Services, Trade and Industry, Water Affairs and Forestry, Welfare and Population Development.

IV. National strategies

Child and Maternal Health

I. Goals

II. Relevant articles of the Convention on the Rights of the Child

III. Responsible lead and supporting sectors

Lead sector: Health
Supporting sectors: Agriculture, Education, Environmental Affairs and Tourism, Housing, RDP, South African Communication Services, Water Affairs and Forestry and Welfare and Population Development.

IV. National strategies

Develop programmes to deal with the following:

Water and Sanitation

I. Goals

II. Relevant articles of the Convention on the Rights of the Child

III. Responsible lead and supporting sectors

Lead sector: Constitutional Development, Housing, Water Affairs and Forestry Supporting sectors: Agriculture, Environmental Affairs and Tourism, Health, Home Affairs, Education, Land Affairs, Public Works, RDP.

IV. National strategies

Early Childhood Development and Basic Education

I. Goals

II. Relevant articles of the convention on the rights of the child

III. Responsible lead and supporting sectors

Lead sectors: Education, Welfare and Population Development (up to age 5)
Supporting sectors: Agriculture, Arts and Culture, Environmental Affairs and Tourism, Health, Housing, Labour, Mineral and Energy Affairs, Posts, Telecommunications and Broadcasting, RDP, South African Communication Services, Sports and Recreation, and Water Affairs and Forestry.

IV. National strategies

Social Welfare Development (Family Environment, Out-of-home Care and Social Security)

1. Goals

II. Relevant articles of the Convention on the Rights of the Child

III. Responsible lead and supporting sectors

Lead sectors: Welfare and Population Development
Supporting sectors: Arts and Culture, Science and Technology, Education, Health, Justice, Labour, Posts, Telecommunications and Broadcasting, RDP, South African Communication Services, South African Police Services, Sports and Recreation.

IV. National strategies

Develop structures or programmes to deal with the following:

Leisure and Cultural Activities

I. Goal

To provide all children with the opportunity to engage in leisure, recreation and cultural activities

II. Relevant articles of the Convention on the Rights of the Child

III. Responsible lead and supporting sectors

Lead sector: Arts and Culture, Science and Technology and Sport and Recreation
Supporting sectors: Education, Environmental Affairs and Tourism, Housing and RDP.

IV. National strategies

Child Protection Measures

I. Goals

II. Relevant articles of the Convention on the Rights of the Child

III. Responsible lead and supporting sectors

Lead sectors: Correctional Services, Justice, South African Police Service, Safety and Security and Welfare and Population Development
Supporting sectors: Agriculture, Arts and Culture, Science and Technology, Education, Foreign Affairs, Health, Home Affairs, Labour, RDP, Safety and security, Sports and Recreation and the President's Office.

IV. National strategies

General Measures for Implementing and Sustaining Commitment to the NPA

The actions that have been listed in this document relate to implementing the key policy areas of the NPA. In addition, the following measures will facilitate general implementation of the NPA:

The NPA is also recommending the development of several structures to ensure sustained commitment during implementation of the NPA. Structural options include:

A National Structure for Children: to promote the rights and interests of children, to co-ordinate policies relating to children at the national level, and to promote full implementation of the CRC.

Technical Advisory Committees: comprising individuals or representatives of institutions who have the technical experience required to support the actions of the implements and to monitor progress; they should be appointed by the Steering Committee.

Conclusion

South Africa will assume responsibility for giving "first call" to children and to adhering to the Convention for the Rights of the Child, through the implementation of the National Programme of Action for Children.

Implementation of the NPA will involve all departments and offices of government at all levels, as well as non-governmental organisations and all sectors of society. The process of applying the Convention's standards and principles will be built into the core of government and into all existing co-ordinating and policy development structures, including, centrally, the Reconstruction and Development Programme.

This NPA report provides a framework for national activities, for the development and implementation of programmes of action at provincial and local levels, and for identifying the resources needed, strategies for using resources, and a monitoring plan. Through its implementation, South Africa will take a significant step towards fulfilling children's rights, and improving their overall health and well-being.

SUMMARY OF SECTORS RESPONSIBLE FOR IMPLEMENTING THE NPA

APPENDIX A

ARTICLES IN THE CONVENTION ON THE RIGHTS OF THE CHILD

RELEVANT TO EACH GOVERNMENT DEPARTMENT

Agriculture: Article 32 (with Labour) - child labour in agriculture; Articles 6 and 24 (with Health) - implications for children's health of agriculture policy, e.g. nutrition, pollution, accident prevention etc.; general: relevance of agriculture policy to alleviating discrimination against rural children.

Arts and Culture, Science and Technology: Article 31 - right of child to play and recreation; to participate freely in cultural life and the arts; Article 30, and (with Education) Articles 28 and 29 - language rights of children; Article 24 - implications of language policy for children's health; also implications of science and technology policies; Article 36 - no exploitation of children in scientific research.

Constitutional Affairs: ensuring consistency of the Constitution with the Convention; full consideration of the particular difficulties for children in ensuring constitutional rights, and recognition as in the Convention of children's "evolving capacities".

Correctional Services: Article 3.3 - standards for institutions; Articles 37 and 40 restriction of liberty and administration of juvenile justice (also consideration of three other relevant UN instruments: Beijing Rules etc.).

Defence: Article 38 - armed conflicts; age of recruitment to armed forces; effects on children of armed conflicts in which South African defence forces are involved within and outside South Africa.

Education: Articles 28 and 29 - provision and aims of education; Article 31 (with Arts and Culture) - right of child to play, leisure, recreation and to participate freely in cultural life and arts; Article 42 - making Convention known.

Environmental Affairs and Tourism: Article 24 (with Health) - right to a safe environment; disproportionate effects on children of environmental pollution; Article 28 (with Education) development of respect for natural environment; Article 31 - implications of environmental policies for children's right to play and recreation.

Finance: Article 4 - Implementation to maximum extent of available resources; implies consideration of Convention in budgeting, allocation of GNP etc. (with all ministries).

Foreign Affairs: obligations under Convention for international co-operation (mentioned in Articles 17, 21, 23, 24, 27, 28, 34, 38, 39). Ensuring foreign aid programmes and policies are compatible with commitments to children and consistent with Convention (integration with function of Inter-Departmental Committee for International Development Co-ordination).

Health: Article 2 - Non-discrimination; Article 3 - Best interests of the child; Articles 6 and 24 - child's right to health and to optimal development, and to health services; Article 17 Access to appropriate information and materials (especially those aimed at the promotion of physical and mental health); Article 23 - Children with disabilities; Article 27 - Standard of living.

Home Affairs: Articles 7, 10, 11, 22 - nationality, immigration, refugee children.

Housing: Article 24 (with health) - implications of housing for health; Article 27 - special needs and requirements of children in relation to housing; Article 31 - implications of housing policy for children's rights to play and recreation.

Justice: Articles 1-9; 11-13; 15-23; 25-28; 30; 32-36; Articles 37-40 (with Correctional Services, Safety and Security) - protection of children from torture, cruel, inhuman and degrading treatment or punishment and from arbitrary or unlawful restrict of liberty; distinct system of juvenile justice with emphasis on avoiding judicial proceedings and institutional placements.

Labour: Article 32 - child labour; Article 28 - vocational information and guidance. Implications of ILO instruments for children.

Land Affairs: Article 27 - implications for adequate standard of living for children; seeking to end discrimination against rural children; Article 31 - implications for children's right to play and recreation of land use and ownership.

Mineral and Energy Affairs: Articles 6 and 24 (with health) - implications of policies for children's health (including mining, pollution, health and safety at work, electrification); with health, education etc. - relevance of electrification and access to appropriate and affordable energy to achieving children's rights.

Posts, Telecommunication and Broadcasting: Article 17 - children's access to appropriate information; protection of children from injurious information; respect for linguistic needs and rights of children; Article 13 - children's right to freedom of expression, contribution of the media; Articles 28 and 29 (with Education) - contribution of media to education; Articles 6 and 24 (with Health) - contribution of the media to children's health; Article 31 - contribution of media to children's cultural, artistic rights.

Provincial Affairs, Constitutional Development and Local Government: ensure that the commitment to children and implementation of the Convention is taken up at local level; that, for example, there is proper consideration of involvement of children and consideration of children's views throughout provincial and local government and in all constitutional development .

Public Enterprises: ensure accountability to children and their needs and rights in stewardship over public resources.

Public Works: Articles 6 and 24 (with Health) - implications of built environment policies for children's health (and, for example, for their right to play and recreation); Built Environment Councils' aims and work must reflect commitments to children.

Safety and Security: Articles 37 and 40 (with Justice and Correctional Services) - ensure a police service responsive to children's needs and rights; Article 19 (with Justice, Health, Welfare and Population Development, Education) - right of children to be protected from all forms of physical or mental violence; ensure that crime prevention/community safety policies reflect particular importance of children and involve children directly.

Sport and Recreation: Articles 6 and-24 (with Health) - relevance of sport and recreation to children's health; Articles 28 and 29 (with Education) - relevance of sport and recreation to education; Article 31 - right of children to play and recreation.

Trade and Industry: Articles 6 and 24 (with Health) - relevance of consumer protection to children's health; ensure that policy objectives are consistent with commitments to children - e.g. effects of industrialisation; (with Labour and Welfare and Population Development) respecting needs of childbearing in employment etc.

Transport: Articles 6 and 24 (with Health) - implications of transport policy for children's health (accidents, pollution etc.); Article 28 (with Education) - implications of transport policy for right of access to education; Article 23 - implications of transport policy for disabled children; Article 31 - implications of transport policy for children's right to play and recreation (e.g. children's mobility often threatened by roads development etc.).

Water Affairs and Forestry: Article 24 - (with health) right to clean water and sanitation; (with Environmental Affairs and Tourism, and Land Affairs) environmental rights of children; Article 31 - child's right to leisure, play and recreation; Article 28 (with Education) development of respect for natural environment.

Welfare and Population Development: Article 1 - definition of child, age of majority, and other ages at which particular rights are gained; Articles 5 and 18 - State's duty to respect responsibilities and rights of parents; parental responsibilities; State's duty to render appropriate assistance to parents; Article 7 - registration of birth, right to a name etc.; Articles 9, 20, 3.3 - limit separation of child from parents; special protection for children without families; institution and services must conform to standards; Article 10 - family reunification; Articles 11 and 35 - illicit transfer, non-return, abduction of children; Article 21 - adoption, including inter-country; Article 24 - (with Health) family planning; Article 26 - child's right to benefit from social security; Article 27 - (with other ministries) right of child to adequate standard of living; State's obligation to assist parents; State's obligation to secure maintenance for children from both parents.

Without Portfolio (RDP): General responsibility together with all ministries to ensure Reconstruction and Development Programme is linked throughout to full implementation of the Convention.

APPENDIX B

NATIONAL PROGRAMME OF ACTION STEERING COMMITTEE