Presentation by DEPUTY MINISTER HENDRIETTA BOGOPANE-ZULU to the JOINT PORTFOLIO AND SELECT COMMITTEES ON THE RIGHTS OF WOMEN, CHILDREN AND PEOPLE WITH

Presentation by DEPUTY MINISTER HENDRIETTA BOGOPANE-ZULU

to the JOINT PORTFOLIO AND SELECT COMMITTEES ON THE

RIGHTS OF WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES

FIRST COUNTRY REPORT ON THE IMPLEMENTATION OF THE

UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

20 February 2013

OUTLINE OF PRESENTATION

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1) Drafting and Consultative Process

2) Structure of the Report

3) General Observations to Implementation of CRPD to date

4) Lessons Learnt/Going Forward

DRAFTING AND CONSULTATIVE PROCESS

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Phase 1: First Draft (2009 – 2011) Submissions from public, private and disability sectors requested Inter-departmental working group analysed submissions and compiled first

draft First Draft submitted to National Disability Machinery and NEDLAC for

comments Analysis of Draft indicates significant gaps in quantitative as well as

qualitative information UN-DESA conducted training with national departments

Phase 2: Second Draft (2012) Second call for submissions from 3 spheres of government Parliamentary public hearings with submissions by civil society and

responses from government departments Second draft submitted to Cabinet and released for public comment on 25

November 2012 – 25 January 2013


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Phase 3: Final Draft (2013) Analysis of submissions received (next slide) Final draft compiled (attached) Professional editing of final draft Submission to Joint Cabinet Cluster Sitting on 06 March 2013 Incorporation of comments from Parliament and Joint Cabinet

Cluster Submission to Cabinet on 13 March 2013 for Approval Depositing to United Nations by DIRCO before 31 March 2013.


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Distribution of Draft Report

Government Website under Documents for Public Comment

2,190 stakeholders on the DWCPD DisabilityRights Mailing List

DGs and Ministries of all government departments who failed to submit information for consideration in the draft Report.

Portfolio and Select Committees for Women, Children and People with Disabilities in the National Assembly and National Council of Provinces respectively.


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Submissions 54 submissions were received including 10 from national disability organisations; 9 from civil society; SAHRC; PSCGeneral consensus on content of draft report (page 6 of Annexure B)

Substantive areas of disagreement/concern – Insufficient attention given to

the inter-sectionality between disability, poverty and inequality violence against women and girls with disabilities and the failure of the justice system

to ensure social justice for victims impact of lack of early identification and intervention for children with disabilities 0-4

years old (ECD) Particular barriers persons with psycho-social disabilities experience, including non-

compliant legislation across sectorsInaccessible and unaffordable public transport remains a major barrier to access to opportunitiesLack of universal access minimum norms and standards against which audits are doneLack of consensus re minimum norms and standards for consultation and participation


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Submissions from Government Institutions

Submissions from the Dept Public Works, Dept of Transport, Dept of International Relations and Cooperation, Dept Home Affairs and Dept Water Affairs were not signed off by either DG/Minister;

No submissions received from Dept Higher Education and Training, Dept Economic Development and Dept Agriculture, Forestry and Fisheries

Mpumalanga Province is the only province which did not submit information for purposes of the Country Report

No submissions were received from any metropolitan councils

Only municipalities in the Northern Cape made submissions

No comments were received from local government level during the public commenting period

STRUCTURE OF THE REPORT

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The format is prescribed and is divided into three parts – The Pre-amble summarises disability statistics, utilising 2011 Census, 2011 General Household Survey and 2001 Census figuresThe Main Report, which provides constitutes a record of achievements and challenges in implementing the Convention post-ratification

(a) Segment A – Measures taken by the state to implement the outcomes of the UN conferences, summits and reviews

(b) Segment B – The State’s alignment with the general provisions of the UNCRPD as outlined in articles 1-4

(c) Segment C – Progress in implementation of specific CRPD articles

(d) Segment D –The specific situation of women with disabilities (Article 6) and children with disabilities (Article 7)

(e) Segment E –Progress on the implementation of specific obligations (Articles 31, 32 and 33)

Annexures, including Bibliography, Compendium of Comments received on Draft Report.

GENERAL OBSERVATIONS ON IMPLEMENTATION OF CRPD TO

DATE

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Effective and Efficient Public Service

EFFECTIVE AND EFFICIENT PUBLIC SERVICE

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LACK OF RESPONSIBILITY AND OWNERSHIPVery few government departments, provinces and municipalities seem to

have internalised the implications of the Convention on their mandate, legislative framework and services despite extensive awareness raising

having been done post-ratification:

Designated officials tend to be HR middle managers; Lack of ownership of national disability rights agenda across

departmental programmes; Staff employed in disability units/disability focal points often not skilled; Lack of accreditation for disability rights mainstreaming requirements; Majority of Departments/provinces/municipalities have not established baseline

with clear targets for their areas of operation; Departments therefore do not consider international obligations when

developing Strategic Plans, APPs and budgets.

RESPONSE :Effective and Efficient Public Service

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Consolidate and communicate the National Disability Rights Agenda (national and provincial road shows)

Restructure the National Disability Machinery (to be concluded this financial year)

Finalise the National Disability Policy and Implementation Guidelines (including the regulatory impact assessment) (deadline May 2014)

Use period (Apr 2013- March 2014) for feedback on First Country Report and drafting process for second Country Report to reach consensus with every institution on targets and deliverables

EFFECTIVE AND EFFICIENT PUBLIC SERVICE

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LACK OF RELEVANT, RELIABLE AND CREDIBLE INFORMATIONMany submissions received lack both qualitative and quantitative information

and data on work done over the past 3-4 years.

Lack of responsiveness by national departments, provincial governments and district municipalities in submitting reports within agreed deadlines;

Lack of disaggregated data systems within departments Lack of knowledge management systems (institutional memory) in

departments High turnover of focal points, planning and M&E personnel in

departments Uncoordinated responses to regular as well as periodic reporting on treaties

to UN and AU system Capacity constraints to coordinate consultation, conduct research and

draft reports within the DWCPD

RESPONSE:Effective and Efficient Public Service

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Mainstream national disability indicators and targets across the government-wide M&E system (M&E framework to be concluded this financial year)

Strengthen knowledge management systems across government

Accelerate process of finalising Definition of Disability

Strengthen statistics and data collection and analysis capacity

Strengthen capacity of organisations of and for people with disabilities to keep record of work done

GENERAL OBSERVATIONS ON IMPLEMENTATION OF CRPD TO

DATE

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SERVICE DELIVERY

DECENT WORK

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IMPLEMENTATION CONSTRAINTSAn enabling legislative and policy environment does not yield results as too many

targets set are not met, commitments made not implemented and budgets not spent

The 2% employment equity target for persons with disabilities still not met. DPSAs March 2012 audited figures indicate thatDisability representation improved from 0,16% (Dec 2005) to 0,36% (2011/12);4,830 persons with disabilities out of a total workforce of 1,316,564 were employed in the public service by March 2012: 1,955 (40,4%) female and 2,875 (59,6%) male. This represented an increase of 427 persons with disabilities in the 12 month period (out of a total of 11,027 positions that were filled between April 2011 and March 2012);Senior managers with disabilities increased from 62 (0,7%) to 67 (0,8%) between April 2011 and March 2012, constituting 5 of the 386 (1,3%) vacancies filled at this level being filled by persons with disabilities;Middle managers with disabilities increased from 190 (0,9%) to 192 (0,9%), constituting 2 of the 250 (0,8%) vacancies filled at this level being filled by persons with disabilities;

DECENT WORK

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IMPLEMENTATION CONSTRAINTSAn enabling legislative and policy environment does not yield results as too

many targets set are not met, commitments made not implemented and budgets not spent

The 2% employment equity target for persons with disabilities still not met. DPSAs March 2012 audited figures indicate that

102 national and provincial departments did not achieve the 2% target by March 2012;16 (8 national and 8 provincial) departments met the 2% target in 2011/12, compared with only 10 in 2010/11. 49 departments had disability representation of between 1-2% at the end of 2011/12 compared to 45 in 2010/11;81 (22 national and 59 provincial) departments had representation below 1% by March 2012, compared to 91 at the end of March 2011;

RESPONSE: Decent Work

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Expand on Good Practice

MODE model (2004-2011) Established 532 persons with disabilities in their own income generating micro enterprises, generating between R1500-6000 per month for the owners and their families. Approximately 900 jobs have been created through this initiative.Success rate of 74%

Athena model (2006-2012)National Certificate: Business Administration NQF 2 level qualification (matric not required) Top-up subsidies from Services SETA for reasonable accommodation measuresOut of a 200 enrolment on a Services SETA programme,

103 accessed gainful employment, 73 remain unemployed, 4 learners are deceased, 18 dropped out and 2 progressed to the Business Administration NQF level 4 qualification post

completion of the learnership.

RESPONSE:Decent Work/Gender Empowerment

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Expand on Good Practice

WEDGE (Women’s Entrepreneurship Development and Gender Equality) modelILO coordinated, NORAD-fundedFocused on mainstreaming disability considerations across programmeNotes that majority of female entrepreneurs with disabilities do not meet entry requirements for the programmeThe outcomes of the above was that

5,72% of growth-oriented women entrepreneurs trained were disabled; 3,7% of trainees in ‘Expand your business’ was disabled; 6,01% of trainees in ‘Action my Business’ was disabled; 0,97% of trainees in ‘Improve your Exhibition Skills’ was disabled; 9,82% of business association members trained was disabled; 10,56% of business development service providers trained was disabled; 5,18% of trainers trained in WEDGE tools was disabled.

RESPONSE: Decent Work

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ROAD MAP TO 2% (April 2012) Clean up and update PERSAL

statistics and resolve disputes between departments and DPSA

Will receive feedback from DPSA end March

Utilise existing vacancies and apply targeted recruitment

Will receive feedback end March from on Dec 2012 provisional figures

Retention - accelerate roll-out of reasonable accommodation measures

Draft Policy on Reasonable Accommodation in Public Service ready for submission to Cabinet

Increase learnership and internship programme intakes

Will receive feedback from DPSA end March

Improve accessibility of government owned/leased buildings

Recommendation to Cabinet with final Country Report - DPW to finalise audit, cost it and submit to Cabinet

Road show to Provincial Executive Councils

Cabinet considers progress reports quarterly Five Provincial Executive Councils

encouraged to do same

Establish central database DisabilityRights Mailing List Engaged Dept Labour and DPSA

EDUCATION

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Province Designated Resource Centres

Designated Full Service Schools

Accessible Full Service Schools

IE Officials Employed at District Level

Functional DBSTs Established

EC 3 18 4 Shortage therapists

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FS 3 26 2 87 3

GP 15 68 7 188 15

KZN 14 120 50 33 12

LP 6 11 11 5 0

MP 21 141 1 39 4

NC 4 4 1 37 5

NW 8 224 112 47 4

WC 24 122 14 76 4

EDUCATION

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IMPLEMENTATION CONSTRAINTSAn enabling legislative and policy environment does not yield results as too many targets set

are not met, commitments made not implemented and budgets not spent

Lack of qualified and skilled educators is not only a challenge in ordinary schools, but in particular also in special schools:

59 special schools providing education for learners with sensory disabilities lack qualified teachers;

There are 781 educators with basic Braille knowledge but without any qualification;

89 teachers educators visually impaired learners do not have any knowledge of Braille at all;

985 educators teaching Deaf learners know basic South African Language but without qualifications;

266 educators (21%) teaching Deaf learners have no South African Sign Language knowledge at all.

EDUCATION

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IMPLEMENTATION CONSTRAINTSAn enabling legislative and policy environment does not yield results as too

many targets set are not met, commitments made not implemented and budgets not spent

The 2006 survey of just over 25 156 public schools indicated that less than 3% of these schools provided even basic wheelchair access such as ramps and accessible toilets.

202 schools are reported to have targeted accessibility-related renovations done between 2006 and 2012.

Only 5 of the 9 provinces utilised their allocations for the introduction of Inclusive Education; and more than 50% of the funds set aside by National Treasury were spent by provinces on other priority areas outside the identified inclusive education priorities.

EDUCATION

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IMPLEMENTATION CONSTRAINTS

An enabling legislative and policy environment does not yield results as too many targets set are not met, commitments made not implemented and budgets not spent

Not attending School – 480,036 (DBE own calculations and StatsSA 2010 GHS data.)

Enrolment in the Reception Year (5year olds): 85% of 5 year olds children with disabilities attended an educational institution.

Enrolment in Special Schools –

The DBE reports that the enrolment in public special schools was 104,633 in 2010.

DBE furthermore reports a gradual improvement in the number of learners in special schools who wrote matric between 2007 (727 learners), 2008 (804 learners), 2009 (872 learners), 2010 (942 learners), but dropping in 2011 to 847.

The pass rate for matriculants in special schools improved from 481 learners (2007), to 636 (2008), 697 (2009), 745 (2010), but dropping in 2011 to 697.

63 special schools currently offer matric for their students, detracting significantly from employability of school-leavers accommodated in special schools.

Public special schools increased from 375 to 423 between 2002 and 2011

EDUCATION

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Enrolment in Ordinary Schools – 118,490 learners with disabilities enrolled in ordinary schools in 2010 and 104,633 in

special schools adding up to a total of 223,123 learners with disabilities, constituting approximately 1,7%.

However, the General Household Survey of 2011 indicated that 6% (758,652) of children in the schooling system were children with disabilities. There is therefore a discrepancy of 535,524 learners for whom the system cannot account.

94% of 7 to 15 year old of children with disabilities attended an educational institution in 2010, against 73% in 2002. 68% of 16 to 18 year old children with disabilities attended an educational institution in 2010, compared to the overall figure of 83% for all children in this age group. The participation of this age category of children with disabilities in educational institutions increased significantly from 51% in 2002 to 68% in 2010.

Source: DBE own calculations and StatsSA 2010 General Household Survey data.

EDUCATION

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Institutions of Higher Education: (The Higher Education Management System (HEMIS)

No significant improvement in enrolment at institutions of higher education, from 4,861 (2008), to 4,662 (2009) and 5,027 (2010)

Decline in graduates with disabilities from 995 (2008), to 904 (2009) and 801 (2010)

Adult Education (The Kha Ri Gude Mass Adult Literacy Campaign)129,121 adults with disabilities enrolled between 2008 and 2011. 3,843 adults with disabilities were involved in the training programme as tutors and supervisors between 2008 and 2011.

RESPONSE: EDUCATION

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2013 YEAR OF INCLUSIVE EDUCATION

Coordinated and integrated national disability rights awareness campaign (DWCPD with partners);

Strengthen partnerships at national, provincial, district and school level (DBE and Provincial Education Departments);

Strengthen monitoring of progress and equitable delivery (DBE & Parliament);

Review of White Paper 6 to align it with Constitutional obligations (DBE);

SAHRC Education Rights Charter

HEALTH & REHABILITATION

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(March 2012) TOTAL REGISTERED

Public Sector

Private Sector

Occupational Therapists 3816 794 3022Physiotherapists 6162 1040 5122

Audiologists/ speech therapists 2267 403 1864Medical orthotists and prosthetists(TUT currently only accredited training centre with max 25 students/annum intake) 419

Orthopaedic footwear technicians 57

Psychologists 369

Orientation and Mobility Instructors•No accreditation/registration•All NGO employed

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CATEGORY PUBLIC SECTOR PRIVATE SECTOR

Occupational therapists 1:53,000 population 1:2,800 population

Physiotherapists 1:50,000 population 1:600 population


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Inconsistent support for and roll-out of Community-Based Rehabilitation

Persistent backlogs in provisioning and maintenance of essential assistive devices – only 1 accredited seating clinic in country

Lack of referral systems between Dept Health, SASSA, Dept Social Development and Dept of Education

• Despite rural allowances these rehab posts in rural areas remain vacant

• Significant provincial disparities in post allocation and vacancies

• Bursary support to students in the allied health professionals inadequate



SERVICE DELIVERY : HEALTH

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Consequences of rehabilitation personnel disparities:

•Backlog in provision of assistive devices

•Lack of access to independence training, personal mobility, independent living and vocational rehabilitation

•Increase in health care costs due to secondary disabilities

•Wrong placement of learners in education settings due to lack of appropriate assessments

•Lack of effective learner support to address barriers to learning

•Increased dependence on social security

RESPONSE : HEALTH & REHAB

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Re-establish Inter-Provincial Rehabilitation Forum (DoH)

Strengthen capacity in Department of Health to effectively monitor equitable roll-out in provinces (DoH)

Integration of rehabilitation HR plan into the Human Resource Strategy for the Health Sector: 2012/13 - 2016/17 (DoH)

Cost and fund eradication of backlog for assistive device provisioning and maintenance (DoH and provincial health departments)

Accelerate finalisation of a National Community-Based Rehabilitation Implementation Plan and Funding Model, using good practice in provinces such as Mpumalanga (DoH, DSD, DWCPD)

RURAL DEVELOPMENT

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Lack of mainstreaming of disability considerations into Comprehensive Rural Development Programme (inaccessible infrastructure, lack of participation by persons with disabilities and their organisations)

Lack of accessible and affordable public transport limits access to health services, rehabilitation services, early childhood development, education, economic services and sport and recreation and detracts from self representation and development of organisations of persons with disabilities

Persistent traditional beliefs and practices towards disability stigmatises, isolates and excludes persons with disabilities

Lack of professional expertise in rural areas detract from early identification and effective intervention

RESPONSE: RURAL DEVELOPMENT

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National Integrated Disability Rights Awareness Campaign to prioritise rural communities (DWCPD et al)

Strengthen monitoring of mainstreaming of disability considerations in rural development projects (DRDLR)

Target rural communities for catalyst projects (DRDLR et al)

Accelerate roll-out of Community-Based Rehabilitation services to rural communities as catalyst to strengthen referral systems

FEELING AND BEING SAFE

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Statutes providing for involuntary admission and treatment of persons with psycho-social disabilities not compliant with CRPD;

Persons with psycho-social, intellectual and communication disabilities living in residential/institutional care do not feel and are not safe due to insufficient monitoring mechanisms;

Children with disabilities in boarding facilities at special schools are not safe due to insufficient monitoring mechanisms and infrastructure;

People with psycho-social, intellectual and communication disabilities do not have access to justice at police stations, at courts or in prison due to lack of reasonable accommodation measures and inter-sectoral collaboration

RESPONSE: FEELING AND BEING SAFE

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Review and strengthening of legislation (relevant departments);

Application of WHO QualityRights Toolkit to monitor human rights violations in institutions (SAHRC, DWCPD, DoH)

Extend best practice through state funding to combat gender-based violence (prevention and intervention) through models such as the Sexual Assault Victim Empowerment (known as ‘SAVE’) programme of the Cape Mental Health Society (Justice Cluster)

Strengthen 365 Days Campaign at community level with specific focus on girls and women with intellectual disabilities (GBV Council)

Develop inter-sectoral protocols to be placed in public space of all police stations and courts detailing rights of consumers, procedures as well as reasonable accommodation measures (Justice Cluster)

POST DEPOSITING OF REPORT

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Publishing of user-friendly materials on Country Report baseline information Incorporation of forward-looking comments received into legislative, policy and

programme development and review processes Drafting of Second Periodic Country Report due for depositing by May 2014

1. Commitments contained in First Country Report - Communicating commitments made in report to all relevant institutions; Costed Action Plans to meet these commitments to be returned to DWCPD by mid May

2013; Priorities integrated into 2014/15 institutional APPs and budgetary processes; Audit of commitments made (Oct 2013)

2. Addressing baseline gaps of First Country Report – 2011 Census Disability Report Strengthening reporting on work done by organisations of and for persons with disabilities

3. Draft Report to Cabinet by Nov 20134. Draft Report released for public comment by Dec 20135. Draft Final Report submitted to Parliament by March 20146. Final Report submitted to Cabinet by May 2014

OHCHR COMMITTEE ON THE RIGHTS OF PERSONS WITH DISABILITIES

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The Committee on the Rights of Persons with Disabilities (CRPD) is the body of independent experts which monitors implementation of the Convention by the States Parties.

The Committee meets in Geneva and normally hold two sessions per year.

Huge backlog in consideration of reports – currently 23 Country Reports awaiting scheduling.

Composition of Committee:

Australia, Chile, Denmark, Ecuador, Germany, Guatemala, Hungary, Jordan, Kenya, Mexico, Republic of Korea, Serbia, Spain, Thailand, Tunisia, Turkey, Uganda, United Kingdom of Great Britain and Northern Ireland.

11 male and 7 female members

PRIORITIES FOR DWCPD

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Designation of the independent monitoring mechanism (Art 33(2) Legislative review/audit –

Alignment with CRPD (compliance);Strengthening sector legislation (regulations); and/or Development/strengthening of transversal disability legislation

Transversal Disability Policy and Legislation development Integrated Five Year Disability Strategic Plan approved by Cabinet

(2014 – 2019) Enabling environment for organisations of persons with disabilities National integrated disability rights awareness campaign and

information services portal

CAPACITY CONSTRAINTS TO BE CONSIDERED

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Human Capital Constraints 1 Chief Director 2 Directors 1 Deputy Director 2 Assistant Directors 1 Senior Secretary – deployed as Guide/Personal Assistant to Director

Budgetary Constraints Provisional Baseline for Goods and Services reduced from R8m (2012/13) to

R5,4m (2013/14) Provisional COE Baseline allows for filling of 1 Chief Director post, and

possibly 1 senior secretary only

STRENGTHENING CAPACITY

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The following options are currently being explored:

Programme 4 staff to focus on technical aspects of work, and Programme 1 to take over all logistical support for convening of disability rights machinery meetings, events etc.

Sourcing external funding and/or technical expertise through strategic partners;

UN-DESA has committed support in the development and roll-out of a Toolkit to strengthen implementation of the CRPD during 2013/14.

It should be noted that managing external partnerships require human capital, which is in short supply.

Working together we can do more to

remove barriers to create

an inclusive and accessible

society for all.

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