The status of key International Treaties pertaining to Children, Youth and Persons with Disabilities Briefing to the Joint Monitoring Committee on Improvement of Quality of Life and Status of Children, Youth and Disabled, by the Department of Foreign Affairs 13 June 2008 Cape Town

Introduction : Human Rights Priorities for the Department of Foreign Affairs South Africa is committed to the promotion and protection of all human rights and fundamental freedoms Strengthening the human rights mechanisms Development of international human rights law Placing economic, social and cultural rights and right to development (RTD) on par with civil and political rights Advancement of the practical enjoyment of all human rights by vulnerable groups

The improvement of quality of life through international treaties Implications of ratification of international instruments – value addition for SA as State Party; UN and regional co-operation and support; enhancement of SA image as being seriously committed to human rights; Added obligations on States as duty bearers – international legal obligations; internalisation of provisions of treaties; Pertinent issues of the enjoyment of rights by rights holders – international remedies; strengthening national legislative and judicial processes

Cont., The improvement of quality of life through international treaties Adding meaning to the lives of those affected – further progressive realisation and development of human rights Ratification signals a commitment to ensuring that the promotion and protection of human rights are a reality for all, as encapsulated in our Constitution, supporting the democratic values of human dignity, equality and freedom.

Human Rights of Vulnerable Groups – Structure of DFA Minister Director General Branch Multilateral Chief Directorate Human Rights and Humanitarian Affairs Directorate Economic, Social and Cultural Rights and Vulnerable Groups – functional responsibility Sub-Directorate: ESC Rights, Women, Children, Persons with Disabilities - operational

International Human Rights Mechanisms - Role of Foreign Affairs Interface and point of contact with all international Human Rights mechanisms (including the Human Rights Council, Human Rights treaty monitoring bodies, Office of the High Commissioner for Human Rights, Secretary-General of the United Nations) Monitoring and analyse the international human rights environment, develop and advise on policy options, communicate government policy, advise and assist partner departments, advance human rights globally

International Treaties pertaining to Children Convention for the Suppression of the Traffic in Women and Children - Geneva 20 September 1921. RSA signed (definitive) : 28 June 1922 Protocol to amend the Convention for the Suppression of Traffic in Women and Children of 1921 and the Convention for the Traffic of Women of Full Age of 1933 - Lake Success, New York 12 November 1947. RSA signed (definitive) : 12 November 1947 Convention against Discrimination in Education – 14 December 1960. RSA acceded : 9 March 2000.

Cont., International Treaties pertaining to Children Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages - 10 December 1962. RSA acceded : 29 January 1993 Convention concerning Minimum Age for Admission to Employment. (ILO No. 138) – 26 June 1973. RSA ratified: 30 March 2000 Convention on the Elimination of All forms of Discrimination against Women - 18 December 1979 RSA signed : 29 January 1993 and Ratified : 15 December 1995

Cont., International Treaties pertaining to Children Hague Convention on the Civil Aspects of International Child Abduction - 25 October 1980. RSA acceded: 8 July 1997 Convention on the Rights of the Child - 20 November 1989. RSA signed : 29 January 1993 and Ratified : 16 June 1995 Amendment to article 43 (2) of the Convention on the Rights of the Child – 12 December 1995. RSA accepted 5 August 1997.

Cont., International Treaties pertaining to Children African Charter on the Rights and Welfare of the Child, July 1990. RSA signed: 10 October 1997 and Ratified 7 January 2000. Hague Convention on Protection of Children and Co-operation in respect of Inter-country adoption – 29 May 1993. RSA acceded: 1 August 2003. Memorandum of Understanding between the Government of the Republic of South Africa and the International Labour Organisation concerning the Elimination of Child Labour. 3 August 1998

Cont., International Treaties pertaining to Children Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. (ILO No. 182) - 17 June 1999, RSA ratified: 7 June 2000 Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict – 25 May 2000. RSA signed 8 February 2002. Not yet ratified. Instruments of ratification are ready pending a declaration regarding South Africa’s age of voluntary conscription.

Cont., International Treaties pertaining to Children Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography – 25 May 2000. RSA acceded: 30 June 2003 Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children supplementing the UN Convention against Transnational Organised Crime – 15 November 2000. RSA signed: 14 December 2000 and Ratified: 20 February 2004. South Africa is not compliant with its reporting obligations in terms of the Convention on the rights of the Child and its Optional Protocol. ICESCR

Youth There are no international treaties dealing with youth matters exclusively. The Ordinary Session of the Africa Union on 2 July 2006 in Banjul, The Gambia adopted an African Charter on Youth. South Africa has indicated an intention to ratify the Charter soon. Youth issues are also often included in international treaties dealing with human rights and vulnerable groups.

African Charter on Youth The charter defines youth as individuals between 15 and 35 years of age; it outlines the rights, freedoms and responsibilities of young people, as well as the duties to be performed by signatory states, to advance their rights. The rights and duties can be clustered into four main themes:  youth participation, education and skills development, sustainable livelihoods, and health and well-being.

Cont., Youth, international initiatives and developments South Africa actively participated in the global Youth Summit in October 2006 All governments were urged to include the youth in their national delegations to the UN General Assembly and to the other regional and international meetings and conferences. The UN Commission for Social Development has categorised youth as a priority, especially youth employment. The African Union has declared 2008 as the Year of the Youth

Cont., Youth, the role of the DFA DFA monitors and assesses the social development aspects (including youth) of foreign policy and of South Africa’s international obligations in this regard DFA co-ordinates with other Departments, through the IRPS structures, the promotion, development and implementation of UN agreements as well as the follow-up to the decisions of the UN Commission of Social Development.

Treaties pertaining to Persons with Disabilities Convention on the Rights of Persons with Disabilities. 13 December 2006. RSA signed: 30 March 2007 and ratified: 30 November 2007. Optional Protocol to the Convention on the Rights of Persons with Disabilities. 13 December 2006. RSA signed: 30 March 2007 and ratified: 30 November 2007. The Convention and Optional Protocol entered into force on 3 May 2008.

Value addition for South Africa as State Party The Convention on the Rights of Persons with Disabilities reaffirms the universal commitment to the rights and dignity of all people, without discrimination. Under the Convention, States parties would guarantee that persons with disabilities enjoy all human rights on an equal basis with others including their inherent right to life, the equal rights and advancement of women and girls with disabilities and protection of children with disabilities.

Cont., Value addition for South Africa as State Party The Convention makes provision for the promotion of the right to an adequate standard of living and social protection, including public housing, services and assistance for disability related needs and assistance with disability related expenses in case of poverty. The Convention makes further provision for a Committee to monitor the implementation of the Convention in line with the provisions of other Human Rights Treaties.

Cont., Value addition for South Africa as State Party The Optional Protocol to the Convention provides for an individual complaints mechanism in which a monitoring Committee will receive and consider communications from individuals or groups, who claim to be victims of a violation by a State Party of the provisions of the Convention.

Cont., Value addition for South Africa as State Party South Africa recognizes that persons with disabilities are among the most marginalized of all peoples and that they have been excluded by a wide range of physical, legal and social barriers from achieving their full potential . South Africa acknowledges that this Convention will pave the way to ensuring that both State and public perception of persons with disabilities changes, to allow for the full integration of persons with disabilities into society.

Cont., Treaties pertaining to Persons with Disabilities The post ratification phase requires that South Africa internalises the provisions of the Convention for South Africa in terms of the organisational, personnel, financial, legal, constitutional and communications implications for all departments. The Convention requires that all States Parties report on its implementation of the Convention two year after becoming a State Party to the treaty, and thereafter at least every four years.

International Treaties, the Role of Foreign Affairs Provide a foreign policy and international perspective to domestic/national role players Advise on treaty provisions, implementation requirements and reporting obligations Monitor compliance with treaty obligations Co-ordinate and facilitate interaction with treaty monitoring bodies

Cont., International Treaties, the Role of Foreign Affairs Provide technical advice on the Treaty Monitoring Bodies and its work; reporting process and procedures, working methods, rules of procedure, general comments, relevant previous decisions, reporting guidelines, Contribute to compilation of country reports – foreign policy and global perspective Present SA reports to these bodies, engage the Committee deliberations and respond to questions

Cont., International Treaties, the Role of Foreign Affairs Provide feedback to national role players Follow-up on implementation of Committee recommendations – a foreign perspective Advise on consideration of SA candidature for Human Rights Treaty Bodies Brief and support SA candidate if elected Manage SA participation in elections

Thank you