HUMAN RIGHTS

South Africa also ratified the first and second optional protocols on 30 July 2003 and 8 February
2002, respectively. During this period the Committee made its observations and
recommendations and posed questions to the government. South Africa responded to these
questions in its Supplement to the Initial Country Report, which is a follow-up to the Initial Country
Report of January 2000. 72
South Africa’s second country report was due in the year 2002 and the third country report was
due in the year 2007. At the end of 2007, both reports were still outstanding. Despite indications
that the second country report would be submitted during 2007, this did not occur. South Africa
has also not complied with its Optional Protocol reporting requirements.
During 2007, there were several significant legislative developments in South Africa regarding
children’s rights. The Sexual Offences Act 73 redefines sexual crimes against adults and children
and creates a range of new sexual offences against children in the areas of exploitation,
trafficking, and child pornography. There are concerns that the Act does not go far enough in
protecting child witnesses in sexual offence cases. 74
The Children’s Amendment Bill made its way through Parliament during the course of 2007. The
Bill addresses the right to family or appropriate alternative care; social services; and protection
from abuse or maltreatment. The National Assembly passed the Children’s Amendment Bill on 6
November 2007. However, moments prior to passing the Bill, the Assembly removed a prohibition
on the use of corporal punishment in the home, purportedly for technical reasons. The Bill is yet
to be finalised by the Parliament’s Second House, the National Council of Provinces (NCOP). The
Commission has been very active in its support for a total ban on corporal punishment. 75
In late December 2007 the long awaited Child Justice Bill was returned to Parliament, and it is
anticipated that it will be processed during 2008. The Bill focuses on restorative justice, keeping
young offenders out of prisons, integration of young offenders into families and communities, and
diversion. The Bill is important considering the ongoing concerns for the high numbers of children
in prisons. 76
During 2007, the Department of Social Development worked on developing a yet to-be-finalised
strategic framework for children with disabilities. Also, the National Task Team on Child Abuse
and Neglect is in the process of developing a strategy document. The Commission is involved in
both of these processes.
72 See “Implementation of the Convention on the Rights of the Child” at
http://www.children.gov.za/Publications/policies3.htm.
73 Sexual Offences Act [Act 32 of 2007], available online at
http://www.southafrica.info/public_services/citizens/your_rights/sexual-offences-bill3.htm
74 Lee Rondganger, Tough new sex law means no more teen kisses, Cape Times, p. 1, 17 Dec. 2007.
75 http://www.sahrc.org.za/sahrc_cms/publish/article_283.shtml
76 http:/fs/www.childlinesa.org.za/ChildrensRights.htm
21
21