Distr.

GENERAL

CRC/C/15/Add.122
23 February 2000

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child : South
Africa. 23/02/2000.

CRC/C/15/Add.122.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC
COMMITTEE ON THE RIGHTS OF THE
CHILD

Twenty-third Session

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF
THE CONVENTION

Concluding observations of the Committee on the
Rights
of the Child: South Africa

1. At its 609th, 610th
and 611th meetings (see CRC/C/SR.609, 610 and 611), held on 25 and 26 January
2000, the Committee on the Rights of the Child considered the initial report of
South Africa (CRC/C/51/Add.2), which was submitted on 4 December 1997, and
adopted the following concluding observations, at the 615th meeting, held on 28
January 2000.

A. Introduction

2. The Committee welcomes the submission of the State party's
initial report which followed the established guidelines and provided a critical
assessment of the situation of children. The Committee also welcomes the efforts
of the State party to ensure that its initial report was submitted on time. The
Committee takes note of the written replies to its list of issues
(CRC/C/Q/SAFR.1). The Committee is encouraged by the constructive, open and
frank dialogue it had with the State party and welcomes the positive reactions
to the suggestions and recommendations made during the discussion. The Committee
acknowledges that the presence of a high-ranking delegation directly involved in
the implementation of the Convention allowed for a fuller assessment of the
situation of the rights of children in the State party.

B. Positive aspects

3. The Committee expresses appreciation for the efforts made by
the State party in the area of legal reform. In this regard, the Committee
welcomes the new Constitution (1996), in particular article 28, which guarantees
children a number of specific rights and freedoms also provided for under the
Convention. Further, the Committee notes with appreciation the additional
legislation enacted to bring about greater harmonization between domestic
legislation and the Convention, including: the National Youth Amendment Act
(1996); the Legal Aid Amendment Act (1996); the Criminal Procedure Amendment Act
(1996); the Film and Publications Act (1996); the National Education Policy Act
(1996); the Child Care Amendment Act (1996); the Abolition of Corporal
Punishment Act (1997); the Divorce Courts Amendment Act (1997); the
Establishment of Family Court Act (1997); the Maintenance Amendment Act (1997);
the Natural Fathers of Children Born out of Wedlock Act (1997); and the Criminal
Procedure Second Amendment Act (1997).

4. The Committee welcomes the implementation of a National Programme of
Action (NPA) within the State party. In this regard, it welcomes the
establishment of the National Programme of Action Steering Committee (NPASC)
which is responsible for the identification of plans, the coordination and
evaluation of programmes, and the periodic submission of progress reports to
Cabinet on the implementation of the NPA as well as compliance obligations under
the Convention. The Committee notes that the membership of the NPASC comprises
representatives from various ministries and agencies involved in the promotion
of the rights of children as well as representatives of civil society, including
NGOs and the National Children's Rights Committee (NCRC) and UNICEF South
Africa.

5. The Committee welcomes the establishment of the South African Human Rights
Commission and the appointment of a director with responsibility for children's
rights.

6. The Committee also welcomes the implementation of the "Human Rights
Institutional Strengthening Project" with the support of the Office of the High
Commissioner for Human Rights (OHCHR). The Committee notes that the project
includes provision of advisory services to finalize the human rights training
package developed by the South African Police Service (SAPS); publication of a
pocket guide for police on human rights standards and practice; advice and
assistance to the South African Human Rights Commission (SAHRC); advice and
assistance to the Justice College of the Ministry of Justice in integrating
human rights in the training curriculum for magistrates, prosecutors and other
officials concerned with the administration of justice; and support to Fort Hare
University in developing a series of human rights training workshops and
establishing a documentation centre.

7. The Committee welcomes the State party's efforts in establishing a
Children's Budget Project launched with the aim of developing an overall
perspective on the Government's expenditure with respect to children's
programmes and examining the impact of this expenditure on the lives of
children.

8. The Committee appreciates the State party's initiatives within the school
environment. In this regard, it welcomes the enactment of the South African
Schools Act (1996) which has led to enhanced participatory rights for children
within the educational system; the right of children to choose their own
language of learning (multilingualism); and the abolition of corporal punishment
in schools. The Committee also notes with appreciation the establishment of an
integrated National Primary School Nutrition Programme intended to encourage
enrolment and facilitate attendance of all children, especially those from
economically disadvantaged families. The Committee also notes that under
"Curriculum 2005", additional initiatives are envisaged within the school
environment, including programmes to encourage non-discrimination and facilitate
inclusion, especially of children with disabilities and those with HIV/AIDS.
"Curriculum 2005" also aims to address the inequalities within the educational
system established during apartheid.

C. Factors and difficulties impeding the implementation
of the Convention

9. The Committee acknowledges the challenges faced by the State party in
overcoming the legacy of apartheid which continues to have a negative impact on
the situation of children and to impede the full implementation of the
Convention. In particular, the Committee notes the vast economic and social
disparities that continue to exist between various segments of society as well
as the relatively high levels of unemployment and poverty which adversely affect
the full implementation of the Convention and remain challenges for the State
party.

D. Subjects of concern and recommendations of the
Committee

1. General measures of implementation

Legislation

10. The Committee notes the efforts of the State party to bring about legal
reform and to introduce measures to ensure greater conformity between domestic
legislation and the Convention. The Committee also notes that the South African
Law Commission is currently reviewing legislation as well as customary law with
a view to introducing additional legal reform concerning, inter alia, the
prevention of family violence, HIV/AIDS policies in school, the establishment of
a new juvenile justice system, the expansion of the child-care system and the
protection of sexually abused children. However, the Committee remains concerned
that the law, and in particular customary law, still does not fully reflect the
principles and provisions of the Convention. The Committee encourages the
State party to continue its efforts in the area of legal reform and to ensure
that its domestic legislation conforms fully with the principles and provisions
of the Convention.

Ratification of international human rights instruments

11. The Committee notes that the State party has not yet ratified the
International Covenant on Economic, Social and Cultural Rights. The Committee is
of the opinion that the ratification of this international human rights
instrument would strengthen the efforts of the State party to meet its
obligations in guaranteeing the rights of all children under its jurisdiction.
The Committee encourages the State party to reinforce its efforts to finalize
the ratification of this instrument.

Coordination

12. While the Committee notes the establishment of the National Programme of
Action Steering Committee (NPASC) to coordinate the implementation of programmes
relevant to the protection and care of children, it is concerned that
insufficient effort has been made to ensure that adequate programmes are
introduced at the community level. In this context, the Committee further
expresses concern at the insufficient efforts made to involve community-based
organizations in the promotion and implementation of the Convention. The
Committee is also concerned about the lack of coordination between those
ministries responsible for the implementation of the Convention. The
Committee recommends that the State party take effective measures to ensure that
the programmes and activities of the NPASC are established in rural areas as
well as at the community level. The State party is encouraged to take all
effective measures to promote capacity-building among community-based
organizations and to further facilitate their inclusion in the coordination,
promotion and implementation of the Convention. The Committee recommends that
the State party strengthen its efforts to ensure greater coordination between
those ministries and departments responsible for the implementation of the
Convention.

Independent monitoring mechanism

13. The Committee welcomes with appreciation the State party's establishment
of the South African Human Rights Commission which is mandated to promote the
observance of fundamental human rights at all levels of society. The
Committee notes that the Commission also has powers to conduct investigations,
issue subpoenas and hear testimony under oath. The Committee is
concerned, however, that insufficient resources have been allocated to allow the
Commission to carry out its mandate effectively. Additionally, the
Committee notes with concern that the work of the Commission continues to be
hampered by, inter alia, red tape and the need for additional legislative
reform. The Committee is also concerned at the absence of a clear
procedure to register and address complaints from children concerning violations
of their rights under the Convention. The Committee encourages the State
party to take effective measures to ensure that adequate resources (both human
and financial) are allocated to ensure the effective functioning of the South
African Human Rights Commission. The Committee recommends that the State party
establish clear child-friendly procedures to register and address complaints
from children regarding violations of their rights and to guarantee adequate
remedies for such violations. The Committee further suggests that the State
party introduce an awareness-raising campaign to facilitate the effective use by
children of such a procedure.

Data collection

14. The Committee is concerned that the current data collection mechanism is
insufficient to afford the systematic and comprehensive collection of
disaggregated quantitative and qualitative data for all areas covered by the
Convention in relation to all groups of children in order to monitor and
evaluate progress achieved and assess the impact of policies adopted with
respect to children. The Committee recommends that the system of data
collection be reviewed with a view to incorporating all the areas covered by the
Convention. Such a system should cover all children up to the age of 18 years,
with specific emphasis on those who are particularly vulnerable, including
girls; children with disabilities; child labourers; children living in remote
rural areas, including Eastern Cape, Kwa Zulu-Natal and the Northern region, as
well as other disadvantaged Black communities; children belonging to the
Khoi-Khoi and San communities; children working and/or living on the streets;
children living in institutions; children of economically disadvantaged
families; and refugee children. Technical assistance in this area from,
inter alia, UNICEF is encouraged.

Budgetary allocations

15. The Committee welcomes the initiative of the State party to introduce the
practice of "costing" new legislation to ensure its sustainability in terms of,
inter alia, financing. The Committee notes that the State party is
currently "costing" the draft juvenile justice bill to determine its financial
sustainability. The Committee notes the challenges faced by the State
party in addressing the social and economic legacy of apartheid, particularly
among previously disadvantaged communities. The Committee also notes the
efforts of the State party in establishing a Children's Budget Project to
monitor government expenditure with respect to children's programmes with a view
to improving the impact of expenditure on the lives of children. In light
of article 4 of the Convention, the Committee remains concerned about the
insufficient efforts made to ensure the adequate distribution of resources
allocated for children's programmes and activities. In light of articles 2, 3
and 6 of the Convention, the Committee encourages the State party to pay
particular attention to the full implementation of article 4 of the Convention
by prioritizing budgetary allocations and distributions to ensure implementation
of the economic, social and cultural rights of children, to the maximum extent
of available resources and, where needed, within the framework of international
cooperation.

Dissemination and awareness raising

16. While recognizing the efforts of the State party to promote awareness of
the principles and provisions of the Convention, the Committee remains concerned
that professional groups, children, parents, and the public at large are
generally not sufficiently aware of the Convention and the rights-based approach
enshrined therein. The Committee recommends that greater effort be made to
ensure that the provisions of the Convention are widely known and understood by
adults and children alike, in both rural and urban areas. In this regard, it
encourages the State party to reinforce its efforts to make the Convention
available in local languages and to promote and disseminate its principles and
provisions through the use of, inter alia, traditional
methods of communication. The Committee further recommends the reinforcement of
adequate and systematic training and/or sensitization of traditional community
leaders as well as professional groups working with and for children, such as
health personnel, including psychologists, social workers, officials of central
or local administration, and personnel of child-care institutions. In this
regard, the Committee suggests that the State party seek technical assistance
from, inter alia, the Office of the High Commissioner for
Human Rights and UNICEF.

2. Definition of the child

Criminal responsibility and sexual consent

17. While the Committee notes that the State party has drafted legislation to
increase the legal minimum age for criminal responsibility from 7 to 10 years,
it remains concerned that a legal minimum age of 10 years is still a relatively
low age for criminal responsibility. The Committee is also concerned that the
legal minimum ages for the sexual consent of both boys (14) and girls (12) are
low and that legislation concerning this issue is discriminatory against
girls. The Committee recommends that the State party reassess its draft
legislation on criminal responsibility with a view to increasing the proposed
legal minimum age (10 years) in this regard. The Committee also recommends that
the State party increase the legal minimum ages for sexual consent for both boys
and girls and ensure non-discrimination against girls in this regard.

3. General principles

Non-discrimination

18. While the Committee notes that the principle of non-discrimination
(article 2) is reflected in the new Constitution as well as in domestic
legislation, it is still concerned that insufficient measures have been adopted
to ensure that all children are guaranteed access to education, health and other
social services. Of particular concern are certain vulnerable groups of
children, including Black children; girls; children with disabilities,
especially those with learning disabilities; child labourers; children living in
rural areas; children working and/or living on the streets; children in the
juvenile justice system; and refugee children. The Committee recommends that
the State party increase its efforts to ensure implementation of the principle
of non-discrimination and full compliance with article 2 of the Convention,
particularly as it relates to the vulnerable groups.

Respect for the views of the child

19. While the Committee recognizes the efforts of the State party in
promoting respect for the views of the child and encouraging child
participation, it is concerned that traditional practices and attitudes still
limit the full implementation of article 12 of the Convention, particularly in
the provinces and at the local level. The Committee encourages the State
party to continue promoting public awareness of the participatory rights of
children and encouraging respect for the views of the child within schools,
families, social institutions, and the care and judicial systems. The Committee
recommends that the State party train teachers to enable students to express
their views, particularly in the provinces and at the local level.

4. Civil rights and freedoms

Birth registration

20. The Committee notes that the Births and Deaths Act provides for the
registration of all children at birth and that recent initiatives have been
undertaken to improve and facilitate the process of birth registration,
particularly in rural areas. However, the Committee is concerned that
many children are still not registered. In light of articles 7 and 8 of the
Convention, the Committee encourages the State party to continue its efforts
through, inter alia, mobile clinics and hospitals, to
ensure that birth registration is made accessible to all parents within the
State party. The Committee also recommends that efforts be made to raise
awareness among government officers, community leaders and parents to ensure
that all children are registered at birth.

Torture, or other cruel, inhuman or degrading treatment or punishment

21. While recognizing the efforts of the State party to train the police on
the treatment of detainees and the non-use of unnecessary force, the Committee
is concerned about the high incidence of police brutality and the inadequate
enforcement of existing legislation to ensure that children are treated with
respect for their physical and mental integrity and their inherent dignity.
The Committee recommends that all appropriate measures be taken to fully
implement the provisions of articles 37 (a) and 39 of the Convention. In this
regard, the Committee further recommends that greater efforts be made to prevent
police brutality and ensure that child victims are provided adequate treatment
to facilitate their physical and psychological recovery and social reintegration
and that perpetrators are sanctioned.

5. Family environment and alternative
care

Parental guidance

22. The Committee notes with concern the increasing number of single-parent
and child-headed families and the impact (both financial and psychological) on
children. The insufficient support and counsel in the areas of parental
guidance and responsibilities are also matters of concern. The State party is
encouraged to increase its efforts in developing family education and awareness
through, inter alia, providing support, including training
for parents, especially single parents, in parental guidance and joint parental
responsibilities, in light of article 18 of the Convention. The Committee
recommends that the State party take all necessary measures to reduce and
prevent the increasing number of child-headed households and to introduce
adequate support mechanisms for existing child-headed families. The Committee
further recommends that the State party undertake a study on the situation of
single parent, polygamous and child-headed families with a view to assessing the
impact on children.

Maintenance

23. While the Committee notes that legislation has been enacted to provide
for the recovery of maintenance for the child, it is concerned that insufficient
measures have been taken to ensure the enforcement of maintenance orders. In
light of article 27 of the Convention, the Committee recommends that the State
party take effective measures to ensure compliance with maintenance orders and
the recovery of maintenance for the child.

Welfare services

24. The Committee notes the recent initiative of the State party to institute
a Child Support Grant which aims to provide greater financial support to
children from the most economically disadvantaged families. The Committee
remains concerned about the phasing-out of the Maintenance Grants and the
potential impact for economically disadvantaged women and children who currently
benefit from the programme. The Committee recommends that the State party
expand its Child Support Grant programme or develop alternative programmes to
include support to children up to the age of 18 years, who are still in school.
The Committee encourages the State party to take effective measures to ensure
the continuation of support programmes for economically disadvantaged
families.

Alternative care

25. With respect to the situation of children deprived of a family
environment, the Committee expresses its concern about the insufficient number
of alternative care facilities in previously disadvantaged communities.
Concern is also expressed about the insufficient monitoring of placements
and the limited number of qualified personnel in this field. The
Committee further notes with concern the inadequate monitoring and evaluation of
placements in the foster care programme. The Committee recommends that the
State party develop additional programmes to facilitate alternative care,
provide additional training for social and welfare workers and establish
independent complaint and monitoring mechanisms for alternative care
institutions. It is also recommended that the State party increase its efforts
in providing support, including training for parents, to discourage the
abandonment of children. The Committee further recommends that the State party
ensure adequate periodic review of placements in the foster care programme.

Domestic and intercountry adoptions

26. While the Committee notes that the Child Care Act (1996) provides for the
regulation of adoptions, it is concerned at the lack of monitoring with respect
to both domestic and intercountry adoptions as well as the widespread practice
of informal adoptions within the State party. The Committee is also concerned at
the inadequate legislation, policies and institutions to regulate intercountry
adoptions. In light of article 21 of the Convention, the Committee recommends
that the State party establish proper monitoring procedures with respect to both
domestic and intercountry adoptions and introduce adequate measures to prevent
the abuse of the practice of traditional informal adoptions. Additionally, it is
recommended that the State party take all necessary measures, including legal
and administrative ones, to ensure the effective regulation of intercountry
adoptions. The Committee further encourages the State party to reinforce its
efforts to finalize its ratification of the Hague Convention of 1993 on the
Protection of Children and Cooperation in Respect of Intercountry Adoption.

Domestic violence, ill-treatment and abuse

27. The Committee notes the enactment of the Child Care Act and the
Prevention of Family Violence Act to provide greater protection for children.
The Committee also notes the recent introduction of the National Crime
Prevention Strategy which focuses on crimes against women and children as well
as the Victim Empowerment Programme which promotes the empowerment of victims of
abuse, especially women and children. However, the Committee remains
gravely concerned about the high incidence of domestic violence, ill-treatment
and abuse of children, including sexual abuse within the family. In light of
article 19, the Committee recommends that the State party undertake studies on
domestic violence, ill-treatment and abuse to understand the scope and nature of
these practices. The Committee also recommends that the State party reinforce
its efforts to formalize a comprehensive strategy to prevent and combat domestic
violence, ill-treatment and abuse and further adopt adequate measures and
policies to contribute to changing attitudes. The Committee also recommends that
cases of domestic violence and ill-treatment and abuse of children, including
sexual abuse within the family, be properly investigated within a child-friendly
judicial procedure and sanctions applied to perpetrators, with due regard given
to protecting the right to privacy of the child. Measures should also be taken
to ensure the provision of support services to children in legal proceedings;
the physical and psychological recovery and social reintegration of the victims
of rape, abuse, neglect, ill-treatment, violence or exploitation, in accordance
with article 39 of the Convention; and the prevention of criminalization and
stigmatization of victims. The Committee recommends that the State party seek
technical assistance from, inter alia, UNICEF.

Corporal punishment

28. While the Committee is aware that corporal punishment is prohibited by
law in schools, care institutions and the juvenile justice system, it remains
concerned that corporal punishment is still permissible within families and that
it is still regularly used in some schools and care institutions as well as
generally within society. The Committee recommends that the State party take
effective measures to prohibit by law corporal punishment in care institutions.
The Committee further recommends that the State party reinforce measures to
raise awareness on the negative effects of corporal punishment and change
cultural attitudes to ensure that discipline is administered in a manner
consistent with the child's dignity and in conformity with the Convention. It is
also recommended that the State party take effective measures to prohibit by law
the use of corporal punishment in the family and, in this context, examine the
experience of other countries that have already enacted similar legislation.

6. Basic health and welfare

Primary health care

29. The Committee notes the State party's recent initiatives to improve the
general situation of health and health services for children, including the
introduction of the Integrated Management of Childhood Illnesses (IMCI)
initiative and the provision of free health care to children under the age of
six years and to pregnant and lactating women. However, the Committee
remains concerned that health services in the districts and local areas continue
to lack adequate resources (both financial and human). The Committee is also
concerned that the survival and development of children within the State party
continue to be threatened by early childhood diseases such as acute respiratory
infections and diarrhoea. The Committee is also concerned about the high
incidence of child and infant mortality as well as maternal mortality; the high
rate of malnutrition, vitamin A deficiency and stunting; the poor situation of
sanitation; and insufficient access to safe drinking water, especially in rural
communities. The Committee recommends that the State party reinforce its
efforts to allocate appropriate resources and develop comprehensive policies and
programmes to improve the health situation of children, particularly in rural
areas. In this context, the Committee recommends that the State party facilitate
greater access to primary health services; reduce the incidence of maternal,
child and infant mortality; prevent and combat malnutrition, especially in
vulnerable and disadvantaged groups of children; and increase access to safe
drinking water and sanitation. Additionally, the Committee encourages the State
party to continue its technical cooperation with respect to the IMIC initiative
and, where necessary, to pursue additional avenues for cooperation and
assistance for child health improvement with, inter alia,
WHO and UNICEF.

Environmental health

30. Concern is expressed at the increase in environmental degradation,
especially as regards air pollution. The Committee recommends that the State
party increase its efforts to facilitate the implementation of sustainable
development programmes to prevent environmental degradation, especially as
regards air pollution.

Adolescent health

31. The Committee expresses concern regarding the limited availability
of programmes and services and the lack of adequate data in the area of
adolescent health, including teenage pregnancies; abortions; drugs and substance
abuse, including alcohol and tobacco use; accidents; violence; and suicide.
The Committee expresses its concern at the lack of statistical data on the
situation of children with mental health concerns as well as the insufficient
policies and programmes for these children. The Committee notes that
while the State party has taken a tough anti-smoking stance with the
introduction of strong legislation in 1991 and amendments in 1999 to control the
supply of tobacco, many under-age smokers are still able to buy tobacco
products. While the Committee notes that the State party has launched a
Partnership Against HIV/AIDS Programme (1998) which aims, inter alia, to
establish counselling and treatment centres for people living with HIV/AIDS and
sexually transmitted diseases (STDs), it remains concerned about the high and
increasing incidence of HIV/AIDS and STDs. The Committee recommends that the
State party take effective measures to ensure that legislation is fully
implemented and enforced, particularly as regards the use of tobacco products.
The Committee recommends that the State party reinforce adolescent health
policies, particularly with respect to accidents, suicide, violence and
substance abuse. It is also recommended that the State party undertake a study
to assess the situation of children with mental health concerns and introduce
programmes to guarantee adequate care and protection for them. Additionally, it
is recommended that the State party undertake further measures, including the
allocation of adequate human and financial resources, to develop youth-friendly
counselling, care and rehabilitation facilities for adolescents that would be
accessible, without parental consent where this is in the best interests of the
child. The Committee recommends the reinforcement of training programmes for
youth on reproductive health, HIV/AIDS and STDs. These programmes should be
based not only on gaining knowledge, but also on the acquisition of competencies
and life skills that are essential to the development of youth. The Committee
further recommends the full participation of youth in the development of
strategies to respond to HIV/AIDS at the national, regional and local levels.
Particular emphasis should be placed on changing public attitudes toward
HIV/AIDS and identifying strategies to address the continued discrimination
experienced by children and adolescents infected with HIV.

Children with disabilities

32. The Committee expresses concern regarding the inadequate legal
protection, programmes, facilities and services for children with disabilities,
particularly mental disabilities. In light of the Standard Rules on the
Equalization of Opportunities for Persons with Disabilities (General Assembly
resolution 48/96) and the Committee's recommendations adopted at its day of
general discussion on children with disabilities (see A/53/41, chap. IV, sect.
C), it is recommended that the State party reinforce its early identification
programmes to prevent disabilities, establish special education programmes for
children with disabilities and further encourage their inclusion in society. The
Committee recommends that the State party seek technical cooperation for the
training of professional staff working with and for children with disabilities
from, inter alia, UNICEF and WHO.

Traditional practices

33. The Committee is concerned that male circumcision is carried out, in some
instances, in unsafe medical conditions. The Committee is also concerned
about the traditional practice of virginity testing which threatens the health,
affects the self-esteem, and violates the privacy of girls. The practice
of female genital mutilation (FGM) and its harmful effects on the health of
girls is also an issue of concern for the Committee. The Committee recommends
that the State party take effective measures, including training for
practitioners and awareness-raising, to ensure the health of boys and protect
against unsafe medical conditions during the practice of male circumcision. The
Committee also recommends that the State party undertake a study on virginity
testing to assess its physical and psychological impact on girls. In this
connection, the Committee further recommends that the State party introduce
sensitization and awareness-raising programmes for practitioners and the general
public to change traditional attitudes and discourage the practice of virginity
testing in light of articles 16 and 24 (3) of the Convention. The Committee
recommends that the State party strengthen its efforts to combat and eradicate
the practice of FGM and to carry out sensitization programmes for practitioners
and the general public to change traditional attitudes and discourage harmful
practices.

7. Education, leisure and cultural
activities

34. The Committee notes the recent efforts of the State party to improve the
situation of education, including the enactment of the Schools Act (1996), the
introduction of an integrated National Primary School Nutrition Programme, and
the launching of "Curriculum 2005" which is intended, inter alia, to
correct the disparities in access to education. While noting that the law
provides for compulsory education between the ages of 7 and 15 years, the
Committee is concerned that primary education is not free. Concern is also
expressed that inequality in access to education remains in some areas,
particularly among Black children, girls and children from economically
disadvantaged families, many of whom still do not attend school. The
Committee is concerned about the continued practice of discrimination in some
schools, particularly against Black children in racially mixed schools.
With respect to the general situation of education, the Committee notes with
concern the extent of overcrowding in some areas; high drop-out, illiteracy and
repetition rates; lack of basic training materials; poorly maintained
infrastructure and equipment; shortages of textbooks and other materials;
insufficient number of trained teachers, particularly in traditionally Black
communities; and low morale of teachers. The Committee notes with concern
that many children, especially in Black communities, do not enjoy the right to
leisure, recreation and cultural activities. The State party is encouraged to
continue its efforts to promote and facilitate school attendance, particularly
among previously disadvantaged children, girls and children from economically
disadvantaged families. In light of article 28 of the Convention, the Committee
recommends that the State party take effective measures to ensure that primary
education is available free to all. The Committee recommends that the State
party take additional measures to ensure non-discrimination within the school
environment. The Committee further recommends that effective measures be taken
to improve the quality of education and to provide access for all children
within the State party. In this connection, it is recommended that the State
party seek to strengthen its educational system through closer cooperation with
UNICEF and UNESCO. The State party is further urged to implement additional
measures to encourage children to stay in school, at least during the period of
compulsory education. In light of article 31, the Committee recommends that the
State party take effective measures to ensure that children, especially those in
Black communities, enjoy the right to leisure, recreation and cultural
activities.

8. Special protection measures

Refugee and asylum-seeking children

35. While the Committee notes recent legislative reform to guarantee greater
protection of the rights of refugee and asylum-seeking children, it remains
concerned about the absence of formal legislative and administrative measures to
ensure family reunification and to guarantee the right of access to education
and health for refugee children. The Committee recommends that the State
party develop a legislative and administrative framework to guarantee and
facilitate family reunification. Additionally, it is recommended that the State
party implement policies and programmes to guarantee adequate access to all
social services for refugee and asylum-seeking children. The Committee further
recommends that the State party reinforce its efforts to finalize its adoption
of the 1951 Convention relating to the Status of Refugees and the 1967
Protocol.

Children in armed conflict

36. The Committee is concerned that insufficient efforts have been made to
introduce adequate programmes to facilitate the rehabilitation of children
affected by armed conflict during the apartheid era, whose situation is
reflected in the current high levels of violence and crime within the State
party. The Committee recommends that the State party take all appropriate
measures to introduce new and reinforce existing programmes to facilitate the
rehabilitation and reintegration of children affected by armed conflict.

Child labour

37. The Committee notes that the State party has signed a memorandum of
understanding with the International Programme for the Elimination of Child
Labour of the ILO to undertake a national survey with a view to compiling
comprehensive national child labour statistics. While the Committee notes
the State party's efforts to bring domestic legislation into conformity with
international labour standards, it is concerned that over 200,000 children
between the ages of 10 and 14 years are currently engaged in work, mainly
commercial agriculture and domestic service. The Committee encourages the
State party to improve its monitoring mechanisms to ensure the enforcement of
labour laws and protect children from economic exploitation. The Committee also
recommends that the State party reinforce its efforts to ratify the Worst Forms
of Child Labour, 1999 (No. 182) of the ILO.

Drug and substance abuse

38. The Committee is concerned with the high and increasing incidence of drug
and substance abuse among youth and the limited psycho-social and medical
programmes and services available in this regard. In light of article 33 of
the Convention, the Committee recommends that the State party take all
appropriate measures, including educational measures, to protect children from
the illicit use of narcotic drugs and psychotropic substances and to prevent the
use of children in the illicit production and trafficking of such substances. In
this context, it is further recommended that programmes be reinforced within the
school environment to educate children about the harmful effects of narcotic
drugs and psychotropic substances. The Committee also recommends that the State
party develop a national drug control plan with the guidance of the United
Nations Drug Control Programme. The Committee also encourages the State party to
support rehabilitation programmes dealing with child victims of drug and
substance abuse. The Committee encourages the State party to seek technical
assistance from, inter alia, UNICEF and WHO.

Sexual exploitation

39. While noting the efforts of the State party to implement legislation,
policies and programmes to prevent and combat the sexual exploitation of
children, the Committee remains concerned at the high incidence of commercial
sexual exploitation. In the light of article 34 and other related articles of
the Convention, the Committee recommends that the State party undertake studies
with a view to designing and implementing appropriate policies and measures,
including care and rehabilitation, to prevent and combat the sexual exploitation
of children.

Sale, trafficking and abduction of children

40. The Committee notes the efforts of the State party to address the
situation of the sale, trafficking and abduction of children, including the
adoption of the Hague Convention on Civil Aspects of International Child
Abduction, into domestic legislation. However, the Committee is concerned
about the increasing incidence of sale and trafficking of children, particularly
girls, and the lack of adequate measures to enforce legislative guarantees and
to prevent and combat this phenomenon. In the light of article 35 and other
related provisions of the Convention, the Committee recommends that the State
party take effective measures to strengthen law enforcement, and intensify
efforts to raise awareness in communities about the sale, trafficking and
abduction of children. The Committee further recommends that the State party
seek to establish bilateral agreements with neighbouring countries to prevent
the sale, trafficking and abduction of children and to facilitate their
protection and safe return to their families.

Minority groups

41. The Committee notes that domestic legislation guarantees the cultural,
religious and linguistic rights of children, particularly as regards education
and adoption procedures. The Committee further notes the State party's
intention to establish a Commission for the Protection and Promotion of the
Rights of Cultural, Religious and Linguistic Communities as a first step in
guaranteeing greater protection to minorities. However, the Committee is
concerned that customary law and traditional practice continue to threaten the
full realization of the rights guaranteed to children belonging to minority
groups. The Committee recommends that the State party undertake all
appropriate measures to ensure that the rights of children belonging to minority
groups, including the Khoi-Khoi and San, are guaranteed, particularly those
rights concerning culture, religion, language and access to information.

Juvenile justice

42. While the Committee welcomes the recent efforts to improve juvenile
justice, it is concerned that the juvenile justice system does not cover all
regions of the State party. The Committee is further concerned about:

(a) The lack of an efficient and effective administration of juvenile justice
and in particular its lack of compatibility with the Convention, as well as
other relevant United Nations standards;

(b) The length of time taken before juvenile cases can be heard and the
apparent lack of confidentiality accorded to such cases;

(c) The use of detention as other than a last resort;

(d) The overcrowding in detention facilities;

(e) The holding of minors in adult detention and prison facilities, the lack
of adequate facilities for children in conflict with the law, and the limited
numbers of trained personnel to work with children in this regard;

(f) The lack of reliable statistical data on the number of children in the
juvenile justice system;

(g) The inadequacy of regulations to ensure that children remain in contact
with their families while in the juvenile justice system; and

(h) The insufficiency of facilities and programmes for the physical and
psychological recovery and social reintegration of juveniles.

The Committee recommends that the State party:

(a) Take additional steps to implement a juvenile justice system in
conformity with the Convention, in particular articles 37, 40 and 39, and of
other United Nations standards in this field, such as the United Nations
Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing
Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency
(the Riyadh Guidelines) and the United Nations Rules for the Protection of
Juveniles Deprived of their Liberty;

(b) Use deprivation of liberty only as a measure of last resort and for
the

shortest possible period of time; protect the rights of children deprived
of their liberty, including the right to privacy; ensure that children remain in
contact with their families while in the juvenile justice system;

(c) Introduce training programmes on relevant international standards for
all professionals involved with the system of juvenile justice;

(d) Consider seeking technical assistance from, inter
alia, the Office of the High Commissioner for Human Rights, the
Centre for International Crime Prevention, the International Network on Juvenile
Justice and UNICEF, through the Coordination Panel on Technical Advice in
Juvenile Justice.

9. Dissemination of the reports of the
Committee

43. Finally, the Committee recommends that, in light of article 44,
paragraph 6, of the Convention, the initial report and written replies presented
by the State party be made widely available to the public at large and that the
publication of the report be considered, along with the relevant summary records
and the concluding observations adopted thereon by the Committee. Such a
document should be widely distributed in order to generate debate and awareness
of the Convention and its implementation and monitoring within the Government
and the general public, including NGOs.

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Office of the United
Nations High Commissioner for Human Rights
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