Statement to the Portfolio Committee on Social Development (National Assembly) on the Public Hearings on the Report of the Com

Statement to the Portfolio Committee on Social Development (National Assembly) on the Public Hearings on the Report of the Committee of Inquiry into a Comprehensive Social Security System for South Africa (Taylor Report) on 9 June 2003.

Introduction

Chairperson and honourable members of the Committee, on behalf of the South African Human Rights Commission, a constitutional body established to strengthen constitutional democracy through the promotion and protection of human rights, we wish to thank you for this opportunity to give oral evidence on the social development aspects of the Taylor Report. Our oral evidence and written submission are in line with our constitutional mandate to monitor and assess the observance of human rights, particularly economic and social rights and our constitutional mandate to advise the National Assembly accordingly. In this regard, Chairperson and honourable members of the Committee, our work on the monitoring of economic and social rights, including social security and assistance rights since 1997 and our four economic and social rights reports can be of some benefit to the Committee on this important issue of developing a comprehensive social security system for our country.

In the context of a comprehensive social security system, it is important; Chairperson and hourable members of the Committee, to bear in mind our constitutional and international human rights obligations.

Constitutional Provisions

The Preamble of our Constitution (The Constitution of the Republic of South Africa
Act 108 of 1996) reflects the aspirations of our people for a society in which the quality of life of all citizens will be improved and where the potential of each person will be freed and maximized. In a society like ours where millions are still subjected to the misery of poverty and want; the quality of life for these people and their potential cannot be improved and maximized without a comprehensive social security system.

In addition to the Preamble, section 1 of the Constitution makes it clear that human dignity and the promotion thereof, is one of the values upon which the new South Africa is founded and section 7 of the Constitution provides:

"Th[e] Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom."

Poverty by its very nature, Chairperson and honourable members of the Committee, inhibits the full and effective enjoyment of human rights and thus constitutes a threat to democracy and a challenge for the enjoyment of human rights. There can thus be no meaningful human dignity, equality and freedom as provided for by section 7(1) of our Constitution in the face of poverty which millions of poor South Africans are subjected to, especially the 60% or so of African people. Our own Constitutional Court in echoing these sentiments held in Government of the Republic of South Africa & Others v Grootboom & Others:

"There can be no doubt that human dignity, freedom and equality, the foundational values of our society, are denied those who have no food, clothing or shelter."

The alleviation and eradication of poverty should thus be a high priority for any society, especially one that founded on human dignity, the achievement of equality and the advancement of human rights and freedoms as ours. In this regard, a comprehensive social security system is crucial. Indeed, the right of everyone, in section 27 of our Constitution, to have access to social security, including, social assistance where they are unable to support themselves and their dependents and the obligation for the state to take reasonable legislative and other measures within its available resources to achieve the progressive realization of these rights requires a comprehensive social security system.

International Obligations

South Africa, through Parliament, is a party to numerous international human rights instruments such as the UN Convention on the Rights of the Child, the African charter on Human and Peoples’ Rights. The sum total of these instruments is that the state must promote and protect the rights of its subjects.

The Convention on the Rights of the Child thus provides the following in the context of social security and assistance:

Article 19
1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.
2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.
Article 20
1. A child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State.
2. States Parties shall in accordance with their national laws ensure alternative care for such a child.
3. Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption or if necessary placement in suitable institutions for the care of children. When considering solutions, due regard shall be paid to the desirability of continuity in a child's upbringing and to the child's ethnic, religious, cultural and linguistic background.

The above provisions highlights a need for a comprehensive social security system that will protect and promote the rights of millions of South Africa children, especially those subjected to poverty and want, such as thousands of homeless children and the millions falling outside the current social security and assistance system. The UN Committee on the rights of the Child has also made similar or related comments on the implementation of the Convention on the Rights of the Child in South Africa. Sadly, not much of the recommendations of this Committee have been effected. The Commission does however, recognizes and acknowledges the efforts of the government through the Taylor Report and these Public Hearings of the Committee on a comprehensive social security system amongst many other developments since February 2000.

Case for a Comprehensive Social Security System for South Africa

In view of our constitutional obligations and international human rights obligations, the Commission supports the development of a comprehensive social security system that will address the needs of our people, address the effects of abject poverty that undermines the human dignity, freedom and equality rights of millions of our people.

Such a comprehensive social security system should address the following:

Millions of poor South Africans who fall outside the current social security and assistance system (Child Support Grants, Old Age Pensions, Disability Grants and others). These are mainly poor children above 14 years and below 18 years of age, unemployed and under-employed adults not receiving appropriate and adequate assistance from the state.
Corruption and inefficiency that affects the current system
Harmonization of various social security measures and the appropriateness of the measures in terms of adequacy of the benefits received.
Nationality issues-which non-nationals should or should not benefit from the social security system.
Monitoring and review mechanism-to ensure that the system works well and that any problems experienced in the implementation of the system are addressed. The Commission thus welcomes the establishment of the National Social Security Agency in the near future, though efforts to improve monitoring and review of our social security system should be an on-going matter.

The above is in line with the challenges identified by the government’s National Action Plan for the Promotion and Protection of Human Rights (December 1998). Some of these challenges are:

Providing for the social security and social assistance needs of unemployed people, people with disabilities, children and elderly people
Addressing the imbalances in the provision of social security and assistance caused by past discriminatory policies under the apartheid regime
Addressing inefficiency and corruption

Tseliso Thipanyane
9 June 2003

Appendix 1

Concluding Observations of the Committee on the Rights of the Child: South Africa. 23/02/2000. CRC/C/15/Add.122 23 February 2000.

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.