INTRO

RAPCAN would like to express its support for the Older Persons Bill and we thank the Portfolio Committee on Social Development for this opportunity to comment on the Bill.

RAPCAN, a Section 21 Company, has been in existence for over 15 years. We are committed to the development of innovative child abuse prevention strategies which combat the patterns of abuse which affect the lives of children and adults everywhere. Throughout its history, RAPCAN has worked towards a vision of a safe environment for all South African children, free from all forms of abuse, neglect and violence, in a country in which children are loved, respected and treasured.

As a child rights organisation, we have focused in this submission only on certain aspects of the Bill which lie within our ambit of interest and expertise. Thus this comment on the Bill is by no means comprehensive.

2 GENERAL COMMENT
The impact of HIV/AIDS on this country is devastating. Though the disease is disproportionately taking the lives of people between the ages of 18 and 49, no segment of the population remains unaffected. South Africa’s population is approximately 46.6 million, of whom 6.5 million are estimated to be HIV-positive. Currently, there are over 1.1 million children in South Africa who have lost one or both parents, a number that has risen sharply with the spread of HIV/AIDS. Over 3 million women of child bearing age are infected with HIV/AIDS, a figure leading many to predict that the number of orphans in this country will double by the end of the decade, at which point they will comprise more than 15 percent of all children in the country.

While older persons are much less likely to be living with HIV/AIDS, we cannot lose sight of the fact that even if they themselves are not infected, their lives have been and will continue to be impacted dramatically by the disease and the disappearing middle generation. Many older persons have already experienced the trauma of watching their own children suffer and die from a horrendous disease. The resulting psychological scars and financial burdens are even more overwhelming as they are left responsible for the care of their children’s children, orphaned by the disease. This situation is prevalent – the Human Sciences Research Council of South Africa (HSRC) reports that 60 percent of orphans in South Africa are being cared for by their grandparents. Older people are often ill-equipped – financially, mentally, physically and otherwise – to deal with one or several additional dependants.

As a child rights organisation, we spend the majority of our time promoting and protecting the rights of South Africa’s children: the right to essential services like education and healthcare, the right to social security, the right to be protected from abuse and neglect, and numerous other rights guaranteed to them by South Africa’s international obligations and its own Constitution. We cannot ensure that these rights are fully realised until we ensure that those charged with caring for our children are equipped to the best extent possible to provide and maintain an environment that allows our children to develop fully, healthily and happily. Unfortunately, for so many older persons in South Africa, the ability to provide such an environment for the children in their care is all but impossible – a situation that negatively impacts all generations.

3 NEED FOR PROGRAMMES AIMED AT ASSISTING OLDER PERSONS CARING FOR ORPHANS

The economic situation of elderly people in this country has changed dramatically in recent years as the number who are forced to care for orphaned relatives has swelled with the spread of HIV/AIDS. Instead of reduced financial and care-taking responsibilities and the ability to rely on their own children for support, many older persons are left to raise a new generation of children. Ensuring a proper education and basic healthcare for these children, and providing essential resources such as food, water and basic infrastructure presents an enormous financial burden. For many, this is in the wake of caring for their own sick and dying children and financing the associated healthcare costs and funeral expenses. In cases where the orphans themselves are infected, the costs are even more overwhelming. Old age grants ease little of this burden.

The enormous sacrifices of those elderly who are caring for orphans make it possible for children to remain in loving, caring family environments – environments that will do much to ensure healthy development, but only if basic needs are met and rights are realised. Studies have shown that orphans are less likely to be in school and more likely to fall behind or drop out. They are more at risk of malnutrition and stunting. Additionally, as they and their families are unable to cope financially, orphaned children are more likely to be working in commercial agriculture, domestic service, commercial sex and as street vendors. Sadly, their caregivers, if they exist, are often ill-equipped to prevent such outcomes.

It is essential that older people caring for orphaned relatives receive the financial assistance necessary to ensure that their rights and the rights of these children are realised. Though this will require much greater expenditures than needed to fund current old age grants, the long-term costs of not providing such assistance are far greater – families will be torn apart and this country will see an even greater number of children living on the streets or in already-overpopulated childcare institutions. Furthermore, as children are forced into such environments, countless more will become vulnerable to abuse and neglect.

In addition to the financial burdens faced by older persons caring for orphans, they are raising children in an environment far different from that in which they grew up and raised their own children. These older relatives need the support and guidance to parent in this new environment, to understand the rights and needs of these children and to learn how to best provide for them. Additionally, these orphaned children are often more vulnerable than their non-orphaned counterparts. They require special psychological care and attention as they deal with the deaths of their parents and other loved ones, as well as the fact that many themselves are infected. Additionally, they are often separated from siblings and other relatives and must deal with the stigma that is frequently attached to households affected by HIV/AIDS. Those caring for them face similar psychological traumas that if not properly addressed can greatly impede their ability to provide the best possible care for their new dependents. As so many older persons are willing to make the tremendous sacrifice to care for these orphans, programmes must be designed to help these fragile families cope and to educate communities in an effort to erase the stigma associated with HIV/AIDS affected households.

4 NEED FOR INTERSECTORAL COORDINATION AND FLEXIBILITY TO FACILITATE CREATION OF ADDITIONAL PROGRAMMES

The ability of older persons to care for orphans is tested in numerous and complex ways and it is necessary to address this phenomenon from different angles and at different levels. Comprehensive, intersectoral coordination is necessary to guide the implementation and administration of the programmes described herein and to ensure that responsibility for the well-being of children and their older caregivers is shared across relevant departments.

Various state departments have specific roles to play in the process of providing grandparents and other older persons caring for orphans with the tools and resources necessary to ensure that their rights and the rights of these children are fully realised. This requires a significant degree of coordination and cooperation between all government departments and organs charged to any extent with providing basic services to children and their older caregivers. The Bill should set the minimum standards to which all statutes affecting such persons must adhere, and ensure that the appropriate coordination and reporting mechanisms are in place.

Additionally, while the programmes included in the current Bill will go a long way to promote the rights of older persons and to improve their quality of life, the list is by no means comprehensive. Undoubtedly, constantly changing environments will create the need for new and different programmes. The expected increase in the number of children left orphaned by HIV/AIDS is but one way older persons will be challenged in the coming decades and the government must be able to respond to such circumstances. As it stands, the identification of further programmes would require that the Act be amended. This limits the ability of the government to deal effectively and quickly with changing circumstances and has the potential to prevent the establishment of important programmes.

5 CONCLUSION AND RECOMMENDATIONS

The government of South Africa must acknowledge the tremendous sacrifices that so many older people are making to keep their families together and to raise this country’s future generations in the face of the HIV/AIDS epidemic. To ensure that these older caregivers are successful and that the children in their care have access to essential services as well as the opportunity to develop fully, healthily and happily, programmes must be implemented with that in mind. As such, we recommend that the following additions be made to Clause 2(2):

• the provision of subsidies and or other financial assistance to older persons caring for orphans; and
• the development and provision of support networks and opportunities to older persons caring for orphans to help them cope with their new and unique parenting roles.

Additionally, while we applaud the inclusion of Section 2(2)(j) with respect to access to health care and support, we feel that it is necessary to include programmes to deal specifically with the HIV/AIDS crisis. Therefore, we recommend that the related objectives outlined in the Madrid International Plan of Action on Ageing be taken into consideration.

We further recommend the establishment of an intersectoral mechanism to coordinate and oversee the implementation of the programmes described above. Finally, we suggest that the Minister be granted greater flexibility in the identification and development of programmes currently not listed in the Bill. Such coordination and flexibility will enhance to the best extent possible the ability of older persons to care for orphans and, as a result, will give these vulnerable children the best opportunity to grow and develop into happy, healthy adults.

Thank you for your serious consideration of these important issues.

Carol Bower

Executive Director