ADVOCACY and LOBBYING
A SAFER FUTURE FOR OLDER PERSONS? :
 By
Mary Turok
We were shocked to hear and read in the press
of the fire that broke out at the Rust Hof Old Age Home in Paarl on May 1st and the three
frail residents who lost their lives there. In November 2007 sixteen elderly
residents in Kwabadala Home in Nkandla, Kwa Natal were burned to death. The Paarl
fire is being investigated and no report on the Nkandla fire is available but both
tragedies point to the importance of proper safegaurds being place in residential
institutions for older persons.
Coincidentally, the Regulations of the Older
Persons Act of 2006 were published in the Government Gazette a month ago, on April 1st,
thus promulgating the Act itself. Once implemented, this Act and Regulations will
dramatically improve the care and safety of older persons.
However, the lack of interest shown by the
media in the Bill, the Act and the finalization of the Regulations is of great concern as
public awareness of these measures is crucial. Few in our mostly youthful society give a
thought to how older persons are faring except for those in their immediate families whom
they try to provide for or care for. Perhaps this is not surprising since so many older
persons are hidden from view in rural areas, back yards, retirement villages or homes for
the aged – not necessarily by choice. This lack of interest reflects the fact that
older persons are still seen as unproductive and a burden even though many are sole
breadwinners (with high unemployment rate), care-givers of grandchildren and volunteers in
the communities.
The gestation period of some 8 years between
the first Older Persons’ Bill and the promulgation of the Act must account for some
of the in-attention of the media. But the delay reflects the considerable consultation and
participation that occurred to ensure the final Act met the needs of older persons. This
consultation included public hearings in all provinces by the SA Human Rights Commission
and a national convention in 2005 at which an interim committee was set up to form the SA
Older Persons Forum which would be a voice for older persons, would interact with
government and monitor the implementation of the Act.
The SAOPF is now a registered NPO and Section 21 Company and there are
Provincial Older Person’s Forums in most provinces including the Western Cape.
The new Regulations to the Older Persons Act
will be phased in but priority must be given to preventing the sort of disaster that
occurred at Kwabadala and Rust Hof. Residential facilities must be required to have
emergency exits and disaster plans, fire protection certificates in terms of the
Occupation, Health and Safety Act 85 of 1993 and smoke detectors. And these requirements
must be regularly monitored.
For
many years the care of older persons were regulated by the Aged Persons Act of 1967 (which
was mainly concerned with old age homes). The 2006 Older Persons’ Act reflected
international thinking which has moved away from institutional care towards community
care. The South African government joined this movement. This change is in no small
measure due to the “extraordinary revolution in longevity” as it has been called
and the realization that the world’s elderly population is increasing at an
unprecedented rate and institutional care will soon become unaffordable even to the
wealthiest nations. In South Africa, with its high AIDS related death rate, the estimated
population of over-60s was 5.3 million in 2009, nearly 11% of the total population.
The approach of the Older Persons Act goes
beyond providing alternatives for the care of older persons. Recognizing that societies
can no longer afford to see older persons as a growing burden requiring more and more help
(which neither state nor families can afford), the Act emphasizes the importance of their
participation and involvement. This will require that their rights are respected, that
they have better health, education, an adequate income and suitable housing so that the
ageing population can become “a valuable and important component of society’s
resources”. (Vienna International Plan of Action on Aging).
While compulsory retirement is not yet
seriously questioned in South Africa as it is in many countries, the Older Persons Act
goes a long way towards making the Constitution a reality in the lives of older South
Africans. Instead of looking upon them as recipients of grants or objects for welfare, it
aims ensure that their rights are respected and protected. In addition it aims to
facilitate accessible, equitable and affordable services. Older persons rights are now
laid down in law and all government departments and organizations serving older persons
will be obliged to observe and respect such rights.
Many challenges face us in ensuring the
implementation of the Older Persons Act. Despite severe budgetary constraints service
providers and operators of old age homes, assisted living accommodation and retirement
villages must be alerted to the norms and standards which will soon apply. Government
Departments such as Health and the Police Service must ensure they no longer discriminate
unfairly against older patients and complainants. The community too has a responsibility: any person who suspects an older person has been abused
or suffers an abuse-related injury must immediately notify the Director General or the
police. Failure to do so will be an offence.
Furthermore, compulsory admission to a home
against the wishes of an older person will now require a medical practitioner to certify
that any delay in admission might result in their death or irreversible damage to their
health.
Provincial budgets for services for
older persons and their care and protection are modest and, in the poorest provinces,
paltry to say the least. And the bulk of this money is still spent on subsidies to old age
homes even though these subsidies have long been frozen and no longer are enough to cover
the cost of even the most basic care. It will not be possible to register and monitor
homes and community services without adequate staff or to roll out home-based care
services and train carers. A strong case can be made for special ear-marked funding from
Treasury to make this possible.
Finally, the engagement of the press and
media is crucial if the rights and welfare of older people are to be kept in the public
eye.
“The human race is characterized by a long childhood and
by a long old age. Throughout history this has enabled older persons to educate the
younger and pass on values to them; this role has ensured man’s survival and
progress. The presence of the elderly in the family home, the neighbourhood and in all
forms of social life still teaches an irreplaceable lesson to humanity. Not only by his
life but indeed by his death, the older person teaches us all a lesson. Through grief the
survivors come to understand that the dead do continue to participate in the human
community by the results of their labour, the works and institutions they leave behind and
the memory of their words and deeds. This may encourage us to regard our own death with
greater serenity and to grow more fully aware of the responsibilities toward future
generations.”
Extract
from the Vienna International Plan of Action on Ageing August 1982
Herewith Mrs Turok's details should you like to make contact with her:
Age-in-Action, PO Box 2335, Cape Town, 8000
Tel : 021-426-4249
Fax : 021-426-4290
Email : saca@iafrica.com
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