Protocol to African Charter on Human & Peoples’ Rights on Rights of Older Persons in Africa

Meeting report

Minister of Social Development opening remarks
Minister Lindiwe Zulu in her opening remarks stated the importance of respecting the mandate of the Department of Social Development (DSD) and the Portfolio Committee's role in overseeing DSD activities. She expressed gratitude to the DSD team, including Acting DG Mr Linton Mchunu, for their dedication and hard work. She also highlighted the significance of celebrating 30 years of democracy in South Africa and urged acknowledgement of the sacrifices made by those who contributed to the country's democracy, particularly older individuals.

Minister Zulu discussed the African Union commitment to the well-being of older persons and the adoption of the AU Protocol on the Rights of Older Persons in Africa. She stressed the importance of ratifying and domesticating the protocol to ensure comprehensive planning and implementation of programmes responsive to the needs of older persons. She pointed to the development of the Older Persons Amendment Bill which aligned with the Protocol's principles.

The Minister called on future administrations to prioritise the needs of older persons and create a conducive environment for active ageing. She acknowledged the challenges faced by retired individuals and the Department's role in caring for them. Finally, she extended well wishes for peaceful elections and encouraged tolerance among political parties.

Protocol on Rights of Older Persons in Africa: briefing
DSD Deputy Director General: Community Development, Mr Peter Netshipale, thanked the Committee for the opportunity to present the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Older Persons in Africa. He handed over to Ms Civil Ledodu to make the presentation.

Ms Civil Legodu, DSD Chief Director responsible for older persons, outlined the structure and objectives of the African Union (AU), highlighting its role in fostering solidarity among African countries, defending their integrity and independence, and promoting economic development and political stability through cooperation. The AU Policy Framework and Plan of Action on Ageing, developed in 2002, laid the groundwork for addressing the needs of older persons in Africa.

The development of the Protocol started in 2012, drawing inspiration from the Madrid International Plan of Action on Ageing and the AU Policy Framework on Ageing. Consultations were undertaken between 2014 and 2016, resulting in the finalisation and adoption of the Protocol by the AU Commissioner. However, only 14 out of 55 AU member states have signed, ratified, and domesticated the Protocol, with South Africa being one of the countries yet to do so.

The Protocol aims to maintain and protect the rights of older persons, combat elder abuse, promote community-based care, eliminate discrimination, ensure participation in decision-making processes, and capacitate stakeholders involved in providing services to older persons.

The consultation process had involved engagement with the Office of the State Law Adviser and the Department of International Relations and Cooperation (DIRCO) to ensure compliance with national legislation. Concerns raised by DIRCO on social protection, access to free services, and potential reservations were addressed.

Ms Legodu pointed out the Protocol's alignment with the Older Persons Act Amendment Bill. The Bill would strengthen the protection of older persons' rights, address gaps in service provision, and enhance accountability in cases of elder abuse.

The motivation for the ratification of the Protocol included alignment with national priorities outlined in the Older Persons Act, such as the protection of older women, elimination of discrimination, access to justice, social protection, and care and support for older persons.

In conclusion, Ms Legodu stated that the ratification of the Protocol is essential to ensure equal treatment and protection of older persons, as guided by international standards. DSD recommended that the Portfolio Committee endorse the Protocol for approval by the National Assembly to uphold human rights for older persons. This was in accordance with Section 231(2) of the Constitution. The Department urged swift action to finalise the ratification to prevent any negative impact on the implementation of the Older Persons Amendment Bill.

Discussion
Mr D Stock (ANC) thanked Acting DG Mchunu for his role in facilitating the work of the Portfolio Committee and congratulated Mr Netshipale on his promotion. The AU protocol is significant in recognising and protecting the rights of older persons across the African continent. He acknowledging the vital role of older persons in communities and the transmission of knowledge and wisdom to future generations.

Mr Stock affirmed the importance of affording older persons respect and opportunities to realise their full potential and establishing a society free from discrimination based on age, gender, or other differentiators.

Mr Stock advocated for the ratification of the AU protocol noting its alignment with the Older Persons Amendment Bill and the constitutional values of respect, human rights and dignity, Mr Stock said that this process would not only benefit older persons but also demonstrate South Africa's commitment to a united and prosperous African continent. He repeated his support for the recommendation to ratify the AU protocol, noting the alignment between the Committee's work on the Older Persons Amendment Bill and the ratification process.

Ms L Arries (EFF) appreciated the presentation but voiced concern over what she perceived as a lack of prioritisation of the AU Protocol by DSD. She pointed out South Africa's delay in ratifying the protocol and emphasised the importance of protecting the rights of the elderly and urged the Department to take proactive steps to ensure this.

Ms Arries referenced concerns raised by DIRCO on the protocol and urged DSD to take corrective action.

Deputy Minister response
In her remarks, Deputy Minister Henrietta Bogopane-Zulu expressed gratitude towards the Portfolio Committee for their collaboration over the past five years, acknowledging the challenges they faced together. She thanked Committee members for their support and wished them well in their campaigning efforts, hoping for peaceful elections.

She reflected on the honour and privilege of chairing the committee that drafted the AU Protocol. She explained that it was discussed in Cabinet, leading to a decision to prioritise domestication before ratification. She commended the Portfolio Committee for their work on amending the Older Persons Act and incorporating principles from the Protocol. She also highlighted the valuable contributions made during public hearings.

The Deputy Minister stated the importance of supporting older persons across Africa, emphasising the investment in future generations. She expressed hope that Parliament would ratify the Protocol without conditions, noting that South Africa is now domestically compliant with its principles.

In conclusion, Deputy Minister Bogopane-Zulu again thanked the Committee for their collaboration and appreciated their achievements during the Sixth Term.

Committee Report on Rights of Older Persons in Africa Protocol to African Charter
The Committee Secretary, Ms Lindiwe Ntsabo, took the Committee through the Committee Report that recommended ratification.

The Chairperson invited Members to move for the adoption of the report. Ms J Manganye (ANC) moved for the adoption of the report and was seconded by Ms B Masango (DA).

The Chairperson thanked the Committee for their participation and adjourned the meeting.