ATC240502: Report of the Portfolio Committee on Social Development on the Ratification of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Older Persons in Africa, dated 02 May 2024
Social Development
Report of the Portfolio Committee on Social Development on the Ratification of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Older Persons in Africa, dated 02 May 2024:
The Portfolio Committee on Social Development (henceforth, the Committee), having considered the ratification of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Older Persons in Africa, reports as follows:
Background
The process of developing the Protocol started in 2012. The protocol is based on the three priorities of the Madrid International Plan of Action on Ageing, as well as the African Union Policy Framework on Ageing. The three pillars of the Madrid International Plan of Action on Ageing are (i) older persons and development, (ii) advancing health and well-being into old age and (iii) ensuring enabling and supportive environment. The Government of the Republic of South Africa is one of the African Union (AU) Member States that adopted the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Older Persons in Africa on 31 January 2016 in Addis Ababa, Ethiopia. This took place at the Twenty Sixth (XXVI) Ordinary Session of the AU Assembly of Heads of States and Government in Addis Ababa, Ethiopia.
Currently, fourteen (14) out of fifteen (15) countries have signed, ratified and domesticated the AU Protocol. There is a need for only one country to sign in the Protocol so that it could be binding for all AU member states. South Africa is one of the countries that have not yet signed, ratified and domesticated.
Purpose
The Protocol is a transformative legal instrument providing norms and standards in ensuring respect and protection of the rights of older persons in Africa. The purpose of the Protocol is to promote and protect the rights of older persons and to guarantee that they are enabled to contribute and participate in the life of their societies. The Protocol will set standards necessary for the elimination of age discrimination to ensure access to justice and equal protection before the law.
The Protocol provides for obligations of States Parties, duties of older persons, rights for older persons and provisions relating to the implementation and popularisation of the Protocol. In particular, the Protocol aims to eradicate all forms of discrimination against older persons; prohibit and criminalise harmful traditional practices targeted at older persons; and to guarantee protection of older women against abuses related to property and land rights.
Value proposition for South Africa
Signing and ratifying of this Protocol will strengthen the protection of the rights of older persons in South Africa in line with the Older Persons Act, 2006 including the Constitution of the Republic.
The adoption of the Protocol will also ensure that older persons are treated with dignity and respect, and as equal members of society. It will also serve as a tool for the development of age-friendly policies and legislation that recognise the potential and talents of older persons. This will ensure the full enjoyment of the human rights and freedoms in increasingly ageing societies. The Protocol will set standards necessary for the elimination of age discrimination to ensure access to justice and equal protection before the law.
It will also strengthen the intersectoral collaboration by defining roles and responsibilities of stakeholders. Furthermore, it will facilitate the mainstreaming of ageing issues across government departments, private sector, NPOs etc. In addition, it will facilitate the development of policies that promote active ageing, decision making, contribution to policy and programme development, review, monitoring and evaluation etc. Lastly, it will promote integrated efforts in policy and programme development, implementation, monitoring and evaluation etc.
Signing and ratifying this Protocol will also strengthen the multilateral and international measures created in Africa for the safeguarding of the interests of older persons. In addition, it will demonstrate South Africa’s commitment to human rights in this area while also providing further impetus to the consolidation of the protection of the rights of older persons domestically.
Parliamentary Process
The ratification for the Protocol was tabled in Parliament on the 27 October 2023, and referred to the Committee on 30 October 2023. The Committee received a briefing on the Protocol from the Department of Social Development on the 02 May 2024. It thereafter, considered and adopted a report on the protocol.
Recommendation
The Committee recommends that the House, in terms of Section 231(2) of the Constitution of the Republic of South Africa 1996, approves the Protocol.
Report to be considered.