/ 21 November 2014

Ombudsperson for children needed

Ombudsperson For Children Needed

There is much to celebrate on the 25th anniversary of the Convention on the Rights of the Child (CRC). This global treaty transforms the way we treat and engage with children. It provides an international standard for the rights of children and determining children’s wellbeing.

In 1995 South Africa joined the global community and committed to implement the CRC and promote the following principles:

– Children’s best interests are given highest priority;

– Children’s right not to be discriminated against;

– Children’s right to be given a fair chance to survive and develop, and

– Children’s right to participate, express themselves, formulate their own ideas, be consulted, and for their opinions to be considered and taken seriously.

In South Africa and elsewhere, children are better off now than 25 years ago. We have made significant global progress regarding:

– reform of national legislature to give effect to the CRC;

– child survival — reducing child mortality; 

– school enrolment and girls’ education;

– delivery of child support services and protection;

– monitoring, reporting and accountability of state bodies.

Molo Songololo commends the South African Human Rights Commission in providing this opportunity for South Africa to join the world in celebrating these achievements. However, renewed political commitment, action and resource allocation are needed to address the remaining challenges that threaten and violate children’s rights.

South Africa lags behind in strengthening its child rights framework. The recent dismantling of the department of women, children and persons with disabilities, and moving children and persons with disabilities into the department of social development remains a concern. It means this department has to co-ordinate the child rights agenda, and monitor itself and other government departments over which it has no authority.  It erodes constitutional and CRC commitments to give “highest priority to children and accountability for and with children”.

Molo Songololo renews its call for the establishment of a national, independent and autonomous ombudsperson for children in South Africa. 

Over 70 countries — as a direct result of the CRC and the UN Committee on the Rights of the Child — recommend that state bodies put in place monitoring mechanisms to promote, monitor and report on progress made in the implementation of the CRC.

The United Nations Children’s Fund South African representative Aida Girma, at a round table discussion hosted by Molo Songololo in October 2013, stated that: “It is imperative that children have a mechanism that is for them, works for them, and has their interests central to its operations.” She said South Africa should lead the way and set an example for other countries in Africa to follow. 

Commissioner Lindiwe Mokate, at a follow-up dialogue in June 2014, stated: “The SAHRC supports the advocacy for an ombusdsperson for children, because the situation of children warrants a need for someone (or an institution) who has 100% of their attention and is responsive to their needs.” 

Molo Songololo calls on government and Parliament to revisit earlier proposals and engage with civil society, including children, on the nature, scope, mandate, powers and process to set up an ombusdsperson for children.

Patric Solomons is director of Molo Songololo. molosongololo.com