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Title: South Africas Second CEDAW Report Consultation on Penultimate DraftNOT FOR CIRCULATION.


1
South Africas Second CEDAW Report
Consultation on Penultimate Draft-NOT FOR
CIRCULATION.
  • Prepared for the Office on the Status of Women
  • by
  • Professor Zuby Saloojee
  • For the JMC May 16th 2008

2
Objectives and Process
  • Provide a realistic appraisal of legislative,
    judicial, administrative measures, implementation
    challenges for 1998-2008
  • Literature review and consolidated inputs from
    Departments, NGM and NGOs
  • Report follows CEDAW Framework and Guidelines
  • Engage in consultations on Draft Report
  • Consolidate Draft for Cabinet Submission by mid
    May
  • Present to CEDAW Committee June 30 2008

3
TOR for Consultations
  • provide representative inputs into CEDAW Report
  • engage in a consultation meeting
  • determine nature of subsequent contact
  • ensure your mandate is addressed in CEDAW
    articles
  • cross reference to Beijing platform/other where
    critical
  • Provide input into CEDAW Report
    framework/recommendation
  • identify other stakeholders for input into the
    report
  • ensure that the report assesses the status of
    women implementation in relation to the CEDAW
    articles
  • best practice, landmark cases, case stories
    challenges
  • promote awareness of CEDAW obligations HR
    commitments

4
Consultations for CEDAW Report
  • National Departments - March 18th
  • CGE, VAW Conference - March 19th
  • DPLG, SALGA Traditional Leaders April 2
  • NGM - March 28th
  • CGE April 16
  • Consultations on Draft Report- May 7th
  • JMC May 16th

5
Overview.13
CEDAW
REPORT FRAMEWORKContents
..1Acronyms2Exe
cutive Summary .3Introduc
tion.9Overview.
.13 Part
I.....15Article 1
Definition of Discrimination..
Article 2 Obligations to Eliminate
DiscriminationArticle 3
Development and Advancement of Women
Article 4 Acceleration of Equality
between Women and Men.. Article 5 Sex
Roles and Stereotyping.Article
6 Suppressing of Trafficking and Exploitation of
Women..Part II.
.82Article 7 Political and Public
Life.Article 8 International
Representation and Participation.Article
9 NationalityPart
III.93Article 10
EducationArticle 11
Employment..Article 12
Equality in Access to Health Care..
Article 13 Economic and Social
LifeArticle 14 Rural
WomenPart
IV150Article 15
Equality before the Law and Civil
MattersArticle 16 Equality in
Marriage and Family Life.Part
V.158CEDAW
Recommendations 1219 Violence Against
WomenConcluding Comments and Recommendations..
..180Annexures..
...183
6
Article 1 Definition of Discrimination
  • The Constitution (1996)seeks to ..establish a
    society based on democratic values, social
    justice and fundamental human rights with
    commitment to achieving equality between men and
    women and people of all races.
  • The Equality Act defines discrimination as any
    act or omission, including a policy, law, rule,
    practice, condition or situation which directly
    or indirectly
  • (a)   imposes burdens, obligations or
    disadvantage on
  • (b)  withholds benefits, opportunities or
    advantages from any person on one or more of the
    prohibited grounds race, sex, pregnancy,
    marital status, ethnic or social origin, sexual
    orientation, age, disability, religion,
    conscience, belief, culture, language and birth
    etc

7
The Promotion of Equality and Prevention of
Unfair Discrimination Act, (the Equality Act)
  • Agreement that the Constitution and Equality Act
    provide the protection advancement of the
    rights of women the girl-child case examples
    provided.
  • Recognises protects equality between women and
    men re conflicting claims eg. customary and
    religious laws.
  • Key court decisions advanced womens rights and
    freedoms, eg. customary and inheritance laws,
    violence against women, protection of motherhood,
    measures aimed at accelerating womens access to
    land, basic services, resources and economic
    opportunities.

8
Equality Act and Role of SAHRC and CGE
  • institute legal proceedings in the Equality Court
    in own or public interest or on behalf of a
    person not acting in their name
  • request State or any person to provide
    information on measures taken relating to the
    achievement of equality
  • monitor and assess unfair discrimination on race,
    gender, disability its effect and how best to
    address the problem.
  • Conduct investigations, research, and participate
    with other stakeholder to address equality issues

9
Article 1 address some of the following
  • Instruments SA signatory to like BPA, SADC
    Prevention Elimination of VAW Update on
    Legislative changes since 1998 priority to
    sexual offenses domestic violence, victim
    empowerment best practices
  • VAW- changed definition of rape, sexual offences
    act, (SOA) submissions by civil society working
    group re amendments needed to the SOA and
    Childrens Act-vibrant role of civil society in
    making legislation relevant
  • Landmark cases that inform revisions to
    discrimination Masiya case makes clear rape in
    all forms is VAW male rape S v Baloyi DVA
    upheld abusive husband not granted immunity

10
Article 2 Obligations to Eliminate Discrimination
  • Mainstreaming Principle of Equality Eliminating
    Discrimination
  • Local Govt Municipal Systems Act mechanisms in
    system to address economic upliftment
    DPLG-gender links training on gender to 46
    municipalities Women in local Govt
    SummitTraditional Leaders Governance
    requirements e.g. representation succession
  • Women employment different legislation e.g.
    for domestic workers, income differentials,EEA
    to address inequality -Blacks disability
  • Other laws measures Preferential Procurement,
    Skills Development, Basic Conditions of
    Employment, Labour Relations, White Paper on
    Affirmative Action, BBBEE, UIC, pregnancy
    discrimination Minerals Petroleum women
    owning mines National Gender Responsive
    Budgeting
  • Landmark Court case Bhe Others, African
    primogeniture re estate succession of oldest male
    descendant overturned as discriminatory to the
    women as successors. VAW periodic imprisonment
    and maintenance payment for defrauding husband

11
Article 2 Discrimination-Public Authorities
Enforcement
  • SAHRC CGE Public Prosecutor Pan S African
    Languages Board- Monitoring, enforcement
    training role assisting litigants
  • Role of Ordinary courts, Equality Court
    Alternative Forums to enforce anti-discrimination
    dispute resolution Labour Courts, Land Court,
    Electoral Court, Independent Broadcasting,
  • Litigation success for Ms Zandele Mapanza,KZN
    CGE in the Equality Court assault and damage to
    property as a result of her non compliance to a
    stipulation that women are not allowed to wear
    trousers in T-section of the hostel. The CGE and
    Ms Mapanza sought an order restraining unfair
    discriminatory practices against women in
    T-section and sought to eradicate a ban on women
    wearing trousers and harassment of women who did
    wear trousers.

12
Fundamental questions on rights accessibility
of justice for women
  • Especially for large numbers women rural-
    unaware of their rights who experince violence
    daily
  • S.A to learn from where Austrian governments
    failure to exercise due diligence for the
    protection of 2 women citizens against domestic
    violence that lead to death.Sahide Goekee v
    Austria (5/2005) Fatma Yilirim v Austria
    (6/2005) Austria in violation of the right to
    life and physical and mental integrity, under
    Article 2 a, c through f Article 3 in
    conjunction with Article 1 and General
    recommendation 19 on violence against women, in
    both cases. This was the first case for the CEDAW
    Committee on the concept of due diligence
    concerning prevention, investigation, punishment
    compensation or redress by the State where
    Austria is held accountable for failing to
    exercise due diligence to protect the 2 women
    from violence resulting in death.

13
Article 3 Development and Advancement of Women
  • Commission for Gender Equality to oversee gender
    equality in public private sphere
  • Office on the Status of Women ensures objectives
    met through Gender Focal Points at Nat Pro
    Gov its facilitative structures functions
    coordination with other stakholders/civil society
    has had impact in promoting awareness and action
  • National Gender Policy framework provides the
    focus for the NGM in achieving gender equality
    mainstreaming in integrated governance sstem
    cluster approach to
  • Promote gender perspective into all govt.
    policies, programmes and plans of action
  • Analytical lens for womens empowerment
    equality e.g. feminization of poverty
  • Level the playing field to eradicate poverty
    gendered poverty in particular
  • Reduce inequality of women based sex, race,
    disability, age, class, rural/urban, etc,
  • Eliminate barriers for womens full participation
    in society economy as equals
  • PSC Report critique lack clearly difined
    institutional framework review role of GFP
    competence assessed authority, enforcement and
    ME GFP need to be in SMS.
  • 2006 PSC audit found Knowledge of Mainstraming
    lacking in departments SMS not able to go from
    policy to action women with disabilites not
    adequately represented in SMSenvironment
    generally nt enabling for gender empowerment
    mainstreaming
  • DPSAs 8 Princliple Plan for DG and Executive
    Managers a response to this

14
Article 3 Some Examples of Gender
Mainstreaming(GM) in Departments
  • GM Institutionalization is happening through a
    range of strategies
  • SAPS has a womans network to advocate for
    gender equity
  • NIA has a set of regulations for gender equity
  • Department of Correctional Services did an
    audit acceleratee the appointment of staff
  • The SA Defence Force has employed woman at all
    levels of its structures, including at command
    posts.
  • Dept of Transport DTI codes of good practice
    has gender adjustment factor in programs
    scorecard for companies to ensure womens
    empowerment. It is finalizing the review of the
    existing Transport Sector BEE Charter aimed at
    empowering women to secure more BEE deals for
    rural women for job creation poverty
    alleviation. Women encouraged to form
    co-operatives for available economic
    opportunities. SANWIT Women in Transport
    conferences in 2006 2007 discussed
    interventions to deal with employment barriers in
    various industries.

15
Some Best Practices In SA
  • Mainstreaming for gender equality in the public
    service a training programme for Public Servants
    was developed by SAMDI for training across the
    Public Service facilitated by CIDA funding
    SAMDI has management skills development for
    women managers skills for 50/50 representation
    in PS by 2009.The OSW has a complementary
    resource manual for the training targeted for
    rollout with 15,000 PS employees for 2008
  • NGPF places emphasis on research gender
    disaggregated statistics on all key aspects of
    life, including births, deaths, health,
    education, poverty, and the economy. Statistics
    South Africa (STATS SA) and for example, the
    Human Sciences Research Council have allowed
    gender sensitive sex disaggregated data. There is
    improvement in the availability of gender
    sensitive and sex disaggregated data and
    qualitative studies on health, education,
    employment, income, personal crime, land and
    housing.

16
Government targets 50 representation of women in
PS by March 2009
  • The PS is doing better than the private sector
  • PSC review(2007) the percentage of women in the
    public service in senior positions is not
    proportionate to the overall number of women in
    department.
  • Women are manly in lower positions. This is
    evident in both the Western Cape and Limpopo.
  • Female representivity at SMS is at 30.3, with
    the national average at 31.2, and provincial
    average at almost 30(29.8)
  • The 30 target that South Africa had set for
    women at senior management level by 2005 was
    achieved in the Public Service. The new target is
    for 50 representation by 2009.

17
Article 4 Acceleration of Equality between Women
and Men
  • South Africa has developed a very comprehensive
    policy framework that provides for the
    implementation of special measures to accelerate
    de facto equality between women and men in
    various spheres of life. The key were finalised
    after June 1998 and include the Employment Equity
    Act No55 of 1998 White Paper on Affirmative
    Action in the Public Service Broad Based Black
    Economic Empowerment Act No 53 of 2003 Promotion
    of Equality and Prevention of Unfair
    Discrimination Act of 2000 Preferential
    Procurement Policy Framework Act No5 of 2000
    and the Media Development and Diversity Agency
    Act No14 of 2002. This was largely discussed in
    the preceeding sections
  • The corporte sector still lags behind in terms of
    employment of women compared to the public
    sector and for representation on Boards. Mines
    have Fewest Women Directors according to Business
    Day National 26 April 2006

18
Article 5 Sex Roles and Stereotyping
Gender-based stereotyping and prejudice is rooted
in the gender discourses of masculinity and
femininity
  • With prescribed behaviours, norms and attitudes,
    which ultimately lead to discrimination and
    gender-based violence.
  • It is an articulation of, or an enforcement of,
    power hierarchies and structural inequalities
    that are informed by belief systems, cultural
    norms and socialization processes.
  • A number of recent situations show that dress
    code has become the focus for gender based
    violations (e.g. Mpansa)
  • Nwbisa Nguukana was stripped, beaten, sexually
    assaulted and had alcohol poured on her by taxi
    drivers at the Noord Street taxi Rank for wearing
    a mini skirt, womens group came out in public
    marches to protest this while singing songs to
    say that they will fight for their dignity.
  • Meanwhile taxi drivers retaliated by saying they
    will continue to strip women who wore mini-skits
    because it offended their culture (Mail and
    Guardian, March 7-13, 2008)

19
Customary and cultural practices are subject to
the right to equality
  • The above is a core principle of the National
    Gender Policy Framework on Womens Empowerment
    and Gender Equality
  • It recognises the right of persons to practice
    their cultural and religious beliefs but
    emphasises that these practices should not
    discriminate on the basis of gender
  • The CGE has pursued a study on widowhood and
    found that women are severely discriminated
    against
  • Issues of virginity testing, FGM, witchcraft,
    forced marriages and impact on womens lives
  • Public educaton, awareness and enforcement to
    address VAW
  • SA has made gains in access to land (13 women
    owned), transforming education customary
    marriages, and inheritance laws amongst others.

20
Constitutional ideals for a non-racist non sexist
society and public discourse is reflected in
  • Constitutional rights vis-à-vis discriminatory
    cultural practices, leading to public scrutiny of
    gender-based discrimination and violence in the
    name of culture, and ultimately to revision of
    legislation to ensure increased protection of
    victims and perpetrators
  • Exposing and taking disciplinary action to
    protect women on all levels of society and to
    eradicate discrimination systemically has become
    a collaborative effort, reflecting political will
    to eradicate discrimination against women. In the
    Ntsabo case example used under employment and
    mentioned in previous article, it shows the legal
    obligation of employers to take steps against
    sexual harassment

21
Public Discourse on Womens Rights as Human Rights
  • Changes to customary law have opened up
    opportunities for women and girls to chieftaincy
    and to inherit property (Shilubane chieftaincy
    matter and Bhe case in article 16), which may
    have positive effects for rural women, especially
    women in traditional communities
  • An organised civil society response notably the
    One in Nine Campaign launched during the Zuma
    rape trial and collaboration by the national and
    provincial gender machinery, for example, in
    response to the above Mpanza case and the
    sugarcane killings in KZN
  • Civil Society, CGE and SAHRC research,
    submissions and cases to impact legislation,
    landmark victory and impact change

22
Article 6 Suppressing of trafficking and
exploitation of women
  • Since the presentation of the First Report and
    particularly is response to the Committees
    Concluding Comments, South Africa strengthened
    its measures aimed at combating trafficking of
    women and children.
  • The UN Convention against Trans-national
    Organized Crime was ratified by SA in 2004 the
    Protocol to Prevent, Suppress and Punish
    Trafficking in Persons, Especially Women and
    Children in 2000 and the Palermo Protocol to
    combat trafficking in women and children.
  • Studies on trafficking in South Africa point to
    South Africa being both a key destination as well
    as a country of origin and transit point for
    individuals trafficked to and from Africa and
    Europe as well as globally.

23
Modern-day slavery? The scope of trafficking in
persons in Africa
  • Published in African Security Review Vol 12 No 1,
    2003
  • Trafficking of foreign women into South Africa
    for commercial sexual exploitation from other
    areas of Africa, Europe and Southeast Asia is not
    only growing but appears to be controlled by
    organised criminal gangs from Bulgaria, Russia,
    Thailand, China and Nigeria (The trafficking of
    women into the South African sex industry, A
    report by Molo Songolo, Cape Town, South Africa,
    2000, p1). Molo Songololo, a prominent child
    rights non-governmental organisation (NGO),
    estimated that there are at least 28,000 children
    in commercial sexual exploitation in South
    Africas urban centres.

24
South Africas strategic response to trafficking
in women and the girl child is 3 prong
  • 1.Strengthen international relations with
    neighbouring states to fight against organised
    and other forms of trafficking include
    trafficking for sexual exploitation and
    traficking for pornography prostitution and sex
    tourism.
  • 2. Involves prosecuting traffickers using
    existing legal provisions and administrative
    mechanisms, including the asset forfeiture unit.
    Legislation dealing with organised crime provides
    for effective handling of the syndicates.
  • 3. Involves a law reform process aimed at
    creating an integrated and holistic legal
    framework that facilitates the fight against
    trafficking.
  • A 2003 report by the International Organisation
    for Migration (IOM) on the trafficking of women
    and children for sexual exploitation in South and
    Southern Africa

25
8 Sex Workers Held by Kuben Chetty, in Daily
News Edition 2, March 07, 2005.
  • to clear Durban's city centre of drugs and
    prostitution, more than 250 police raided several
    suspected hotspots today. Among those arrested in
    an early morning raid were 18 Thai and Taiwanese
    women, who are allegedly being employed as sex
    workers in the Morningside area and in Prince
    Alfred Street. Some of the foreign women were
    virtually held hostage by the brothel owner and,
    according to police, had been locked in a house
    and not allowed to leave the premises. Police
    believe most of the women are in the country
    illegally. Spokesman Supt Vish Naidoo said while
    some of the women worked willingly as sex
    workers, others had to do so to pay off the
    brothel owners. "Apart from the fact that some of
    these women are alleged to have contravened the
    Immigration Act 13 of 2002, detectives will be
    consulting with prosecutors to possibly consider
    having the owners of these agencies charged for
    human trafficking.

26
Article 7 Political and public life
  • South Africa is signatory to the 1997 SADC Heads
    of State Declaration on Gender and Development,
    which has a minimum target of at least 30 women
    in political and decision-making positions by
    2005. As a member of the AU, South Africa played
    a significant role in the 2002 Durban decision of
    50 women in the Commission of the AU, which was
    later extended to all components of the AU in
    2004.
  • SAs new PS target is that of 50/50
    representation of women by March 2009
  • All reports indicate that SA is doing well on
    meeting numerical targets

27
Representation of Women in Political positions in
2007
Table 1 Representation of Women in Political
positions in 2007
Sources Figures obtained from Information
Services Section Research Unit Parliament of SA
and Permanent Delegate Contact List, National
Parliament.
28
Progress manage Push-pull factors
  • The database of the Municipalities of South
    Africa from November 2007 indicates that from a
    total of 283 Municipal Managers only 26 (8.48 )
    are females and that out of a total of 7968
    Councillors only 3122 (39.18 ) are females.
  • According to the gender audits carried out by
    SALGA in 2004 and 2006, the representation of
    women in Local Government was 29 in 2004 and 42
    in 2006.
  • Despite impressive increases in numbers, women
    councillors continue to experience
    marginalization and withholding of resources by
    male colleagues who do not approve of women in
    leadership positions, according to a study by the
    CGE ( Gender equity in Local Government, 2006)

29
Article 8 International Representation and
Participation Role of women in peace missions
abroad GM in missions for SA
  • SA has put in place a programme of action as
    follows
  • To ensure that each government department
    appoints a focal point to support coordination of
    the Interdepartmental Working Group
  • Consult, inform and seek partnership with
    the national womens machinery and relevant civil
    society organisations
  • Negotiate and secure resources to
    facilitate implementation strategy
  • Elaborate a National Action Plan on the
    implementation of UN Security Council Resolution
    1325 (2000)
  • Hold regular meetings with stakeholders to
    monitor and evaluate the implementation of the
    action plan
  • Prepare a progress report on the
    implementation of the Action Plan by February
    2008 for submission to the United Nations
    Department of Peace Keeping Operations.

30
Increasing deployment of women in missions
  • In January 2005, the South African Government
    approved the deployment of South African Police
    Service members in Sudan as part of the AU
    Civilian Police.
  • The members deployed consisted of both males and
    females. Equity targets for this deployment were
    maintained at the ratio of 60 males and 40
    females.
  • One of the objectives of the deployment was to
    provide assistance to women and children, i.e.
    internally displaced people.

31
Article 9 NationalityExtracted from Meer, S.
Sever, C. 2004. Re-framing Citizenship in Gender
and Development in Brief, No. 14. 2004.
  • Including the Excluded ..
  • In the late 1990s, activists and researchers in
    South Africa conducted a campaign to intervene in
    reform of customary laws concerning marriages
    where a man was able to take more than one wife
    (polygamy).At one meeting a researcher noted a
    section of woman sat silently watching the mass
    of dancing members chanting one man one woman.
    She asked these woman why they were silent. They
    replied that they lived in polygamous marriages
    and that their livelihoods would be threatened if
    polygamy was not recognised. Ultimately the
    intervention made by the campaign in the reform
    process framed the law in a way that would make
    polygaymy expensive (eventually leading to its
    disappearance), while safeguarding womans rights
    to marital property.

32
Article 10 Education Access and basic
compulsory education has greater impetus.
  • In 2006, the No fee schools were introduced for
    the poorest communities in South Africa.
    Qualifying categories are set out in the
    Government Gazette 19347, October 1998.
  • In 2007, there were 13 912 schools for 4 995 473
    no fee learners and in 2008, it is anticipated
    that there will be 14 262 schools for 5, 020 554
    learners.
  • Automatic exemptions from school fees continue to
    apply in instances where learners are orphans or
    linked to the social development grant system.

33
Achievement of the MDG on universal access to
education
  • 2001- the figures for the girl and boy child
    between 0-17 years in the education system was
    equal
  • 2007 -95.8 of primary school-going learners aged
    7-13 years were in school
  • 2007 - slightly higher proportion of females, at
    96 compared to males at 95.6 close to
    universal primary school enrolment
  • 1999- females under 19 years in school went up
    from 21.33 in 1995, to 65.53 in 1999

34
South Africas Ten Year Review- significant
increase in literacy continues
  • In 2001- literacy went up from 83 to 89 for the
    general population for the 15-24 year olds it
    increased from 83 to 96
  • 2007- Gender parity indices for primary,
    secondary and tertiary education in South Africa
    were 0.99, 0.97 1.16 respectively
  • 2001, 56 of all university qualifications were
    obtained by women, still under-represented in
    engineering sciences and technology fields
  • 2007- At tertiary level, there were more females
    enrolled than males

35
SA has done well with Access, Equity Redress in
Education
  • 2004-Black students account for 75 of contact
    and distance education enrolments in higher
    education
  • The increase in the number of black and women
    graduates is significant
  • Girls drop out at a lower rate than boys. Resons
    may be women are largely sole providers and need
    education need matric and further training for
    better jobs brings higher Labola to have
    educated daughter (AGDI).Girls Drop out for
    pregnancy despite legislation and programs for
    retention
  • The Measures for the Prevention and Management
    of Learner Pregnancy provides support to
    educators addressing pregnancy in school for
    pregnant girl

36
Sex Role Stereotyping, Gender Equity and some
School Support Initiatives include
Curriculum looks at prevention of pregnancy
STI lifestyle choices in Life Orientation
Learning grade 1 to 12. Girls Education
Movement (GEM)- empowers girls in science and
technology. Techno-girl provides career guidance
life skills support for rural girls 18 to 27 in
secondary tertiary levels. Two week science
camp targeted 347 females in 2002. Training
module for educators re VAW sexual harassment
links between GBV and HIV and AIDS school
safety - needs to be fully rolled out. In 2001
the DoE SAPS completed a workbook on Signposts
for Safe Schools valuable resource to
educators Sex education controvertial in some
communities
37
Manifesto on Values, Education and Democracy
promotes democracy, equity, non-racism and
non-sexism
  • The number of public schools without water
    decreased from 8 823 in 1996 to 3 152 in 2006,
    and the number of schools without on-site toilets
    decreased from 3 265 in 1996 to 1 532 in 2006.
  • 585 schools are prioritised to become models of
    safe schools and the Education Department
    officials and School Governing Bodies are
    partnering to develop safe school policies
  • New legislation introduced in 2007 has given
    schools stronger powers to search pupils for
    weapons and drugs.
  • 2007- 156 days in year healthy meal for 6054
    000 learners in 18 039 primary schools- National
    School Nutrition Programme
  • Transport initiatives to support rural children
    with greater access and more time for educational
    engagement

38
Science Engineering and Technology (SET) Gender
Equality
  • The Science, Engineering and Technology for Women
    (SET4W) advises the Minister re Women in SET.
  • Since 2003 spent R 3 150 000 on Awards
    Fellowships
  • The department collaborated in the production of
    a TV series on Women in Science screened on SABC
    2 in 2007.
  • Series educate young girls on careers in SET
    highlights the impact of women scientists in
    South Africa.
  • Women in Science Awards features in a newspaper
    supplement to promte women in non-traditional
    fields.

39
Violence in Schools The National Schools
Violence Study by the Centre for Justice and
Crime Prevention, April 24,2008
About 12 million children are registered for
school. Information gathered from 12794 pupils,
264 principals and 521 teachers from public and
private schools. The study revealed that
Violence in primary schools is most common in
the Eastern Cape. The highest recorded rates of
violence were for secondary schools in Gauteng
and Limpopo One in 10 pupils say it is
relatively easy for them to get hold of a gun
Alcohol and drugs are readily available, and
More than one in 10 (14.7 percent) secondary
school learners and slightly fewer (10.5 percent
) primary school learners reported that it was
easy to get alcohol and dagga at school
Between 83 and 90 percent of pupils are exposed
to some sexual assault Sexual assault was
prevalent in both primary and secondary schools
Up to 90 percent of pupils said they had
experienced some sort of assault. 31.2 percent
of high school pupils said that it was easy to
get a knife at school 1821054 pupils having
been exposed to crime at school
40
Responses from Education Officials Violence
stalks millions of kids at schoolboy Sashni
Pather, in The Times April 24, 2008 Crime is
now a way of life
Children exposed to violence and victimisation
likely to become perpetrators of anti- social
behaviour pupils still felt safe in the
school environment. This is because of the
normalisation of crime in society. The country
has high levels of violence and crime has become
a way of life department was looking at
initiatives to improve school security and also
called for more community involvement need to
take safety at schools to a "new level",
principals of violent and under-performing
schools could be replaced, mentored or face
incapacity hearings after a damning report by
the Human Rights Commission (HRC) on violence at
schools and a review of the Safe Schools
programme, an improved safety strategy would be
presented to the provincial executive committee
in little less than two months. 'Antisocial
behaviour needs to be nipped in the bud


41
Article 11 Employment Increase in Women in
South Africa in the Labour Force between
1995-2005 (DoL)
  • Women suffer discrimination in the labour
    market- lower quality employment and lower
    remuneration. African women remain the most
    vulnerable in the labour force. Progress made but
    challenges remain. Some of the findings are as
    follows
  • 1. The inreased participation of women in the
    labour force in South Africa between 1995 and
    2005- African women entering the labour force
    post apartheid in larger numbers. Women are 6 in
    10 of new labour force
  • 2. Educational of women has improved GET, Matric
    and tertiary education
  • 3. The largest increase was in the two oldest
    groups, 45-54 and 55-65years lowest for 15-34
  • 4. Women over-represented in low-income, less
    secure employment. Majority unskilled and low
    paid elementary workers, more than a quarter of
    all new jobs created in the wholesale and retail
    trade.
  • 5. Unemployment rates still increased for all
    groups of women with significant numbers for
    Black women and female entrants into the labour
    market

42
Women in the South African Labour Market,
1995-2005, Department of Labour
  • 6. In 2005 the rate of unemployment for African
    women was 53 in contrast to the aggregate rate
    of 39 and the aggregate female unemployment rate
    of 47
  • 7. In 2005, 7-10 job seekers, age 15-34 were
    unable to find jobs.
  • 8. Across all levels of education, women have
    higher levels of unemployment than men
    counterparts
  • 9. Discrimination by gender, age and race
    continues
  • 10. Women of all groups earned less than men in
    2001 and in 2005 with the exception of so-called
    Coloureds in 2005.
  • 11. White women earned higher than Black women
    with the same level of education, with the
    exception of African women with degrees in 2005,
    and mangers professionals (only 2005) and
    operators and assemblers.

43
Landmark case Laws passed to protect women
against violence in the workplace
  • EEA,1998, recognises harassment as unfair
    discriminationThe Employment of Educators Act
    The South African Schools Act, where sexual
    harassment constitutes misconduct
  • Ntsabo v Real Security case makes employers
    liable for the harassment of their employees and
    employers will no longer be able to turn a blind
    eye to sexual harassment at the workplace. They
    will need to take pro-active steps to eliminate
    and investigate sexual harassment at the
    workplace. The fact that the harasser is not
    authorised by the company to harass fellow
    employees will henceforth be irrelevant, as the
    action of the employer after being notified
    thereof will be the subject of the enquiry. A
    court will determine whether reasonable steps
    have been taken to protect women who have been
    sexually harassed in the workplace. The duties
    and obligations of employers and the recognition
    of sexual harassment as a form of discrimination
    is significant in this regard.

44
Landmark Victory for Womens Rights
In the above case, the court recognised the
reporting of incidents of sexual harassment
should occur within a reasonable time and that
what is reasonable will depend on the trauma and
circumstances of the individual complainant. In
future women will have recourse where sexually
harassed in circumstances where the employer
fails to take reasonable steps to address such
harassment. Previously, women would often have
proceeded in terms of constructive dismissal
after resigning due to the intolerable conditions
endured, alternatively, unfair labour practice
provisions would have been utilised by women. Now
sexual harassment has also been brought within
the confines of discrimination allowing for
broader relief for victims of harassment.
45
The Peoples Agenda
  • Markinor Opinion Poll on Government Performance
    2005 compared to 2004 (2006)
  • Peoples Agenda reducing unemployment and crime
  • Other issues poverty and HIVAIDS.
  • Governments Highest Scores welfare payments,
    gender equality basic services delivery
  • Doing well on Gender Equality Initiatives

46
Article 12 Equality in Access to Health Care
  • Universal access has been a marked increase in
    access to health facilities high levels of
    utilization of primary health care
  • Gender Policy Guidelines for the Public Health
    Sector, 2002 were developed to ensure that an
    effective framework to develop, implement and
    monitor laws, policies, programmes, procedures
    and practices for womens health.
  • The National Health Act, 2004 No. 61 of 2003
    further entrenches principles for promotion of
    womens health
  • SA signatory declarations and agreements on
    HIV/AIDS Abuja Declaration, UNGASS, Maseru
    Declaration, the UNAIDS and promotion of Sexual
    Reproductive Health Rights (SRHR).
  • Disability and impaired functioning are
    preventable when caused by violence poverty
    lack of accurate information about prevention and
    management of disability failure of medical
    services unhealthy lifestyles environmental
    factors such as epidemics, natural disasters,
    pollution and trauma. Women and children in SA
    are victims to high levels of crime and violence
    that impacts on impaired functioning, health and
    well being.

47
Access to health care
1.Geographic access improved through clinics
building programme 2. Physical Access-
wheelchairs and assistive devices more
available 3. Access to drugs - pharmaceutical
policy - drugs more affordable 4. Plan of Action
for the Continental Policy Framework for Sexual
and Reproductive Health and Rights, 2007-2010.
Integrating Sexually Transmitted Infections
(STI), HIV/AIDS, and SRHR programmes and
services, including reproductive cancers
Repositioning Family Planning as an essential
part of the MDGs 5.National Adolescent Youth
Friendly Clinic Initiative (NAFCI) with NGOs
Addressing Unsafe Abortion SRH Delivery of
Quality services for safe motherhood, child
survival, maternal, newborn and child health
48
HIV AIDS
  • HIV and AIDS is one of the main challenges
    facing South Africa today.
  • About 39.5 million people living with HIV
    worldwide in 2006, more than 63 were from
    sub-Saharan Africa.
  • In 2005 about 5.54 million people were
    estimated to be living with HIV in South
    Africa, with 18.8 adult pop 15-49 years
    about 12 of the general population affected.
  • Women are disproportionately affected accounting
    for approximately 55 of HIV-positive people.
    Women in the age group 25-29 are the worst
    affected with prevalence rates of up to 40.
  • For men, the peak is reached at older ages, with
    an estimated 10 prevalence among men older than
    50 years.
  • HIV prevalence among younger women (lt20 years)
    seems to be stabilizing, at about 16 for the
    past three years.

49
HIV AIDS
  • With an estimated 5.5 million South Africans
    infected with HIV and only a minority aware of
    their status, prevention remains a huge
    challenge.
  • In 2006, domestic and international spending on
    HIV and AIDS by categories and financing sources
    was R4 270 716 447, of which R2 976 695 000
    (69.7) came from the South African government
    and the remaining from international sources. The
    figures for 2007 was R4 530 175 220 of which R 3
    356 707 000 (74) came from the government of
    South Africa.
  • Investment in information and educational
    programmes. The Khomanani Campaign have shifted
    their prevention focus to school leavers and
    young adults while the school life skills and
    LoveLife work with adolescents. The Khomanani
    campaign has a community mobilization strategy
    with trained volunteers
  • Antiretroviral treatment for AIDS became
    available in government facilities in 2004 and
    within two years, more than 200 facilities were
    treating more than 120 000 people.
  • Numerous multisectoral partnerships for
    HIV/AIDS-eg.Women in Partnership Against Aids
    (WIPAA) and Men in Partnership Against Aids
    (MIPAA).

50
2007-2009 Department of Health Priorities
  • Strengthen management of Tuberculosis
  • Implement the Nat Strat Plan for HIV AIDS
    2007-2011
  • Expansion of the implementation of the
    Comprehensive Plan for HIV AIDS Care, Treatment
    and Management (CCMT)
  • Strengthen TB and HIV collaborative efforts
  • Strengthen the implementation of key strategies
    for effective malaria control in South Africa
  • Strengthen inter-country cross-border malaria
    control efforts
  • Improve the management of childhood illnesses
  • Achieve measles elimination
  • Ensure polio outbreak and importation
    preparedness

51
Health priorities to 2009 (cont)
10. Improve maternal, child, womens health
nutrition 11. Improve micronutrient control 12
Facilitate preparedness to prevent respond to
diseases and outbreaks for FIFA World Cup in
2010 13.Contribute to poverty alleviation
through EPWP by appointing unemployed
matriculants as Data Capturers 14. Contribute to
poverty alleviation expand strengthen the
delivery of PHC through the Partnerships for the
delivery of Primary Health Care Project
(PDPHCP)- EU funded 15.Contribute to poverty
alleviation expand strengthen role O of NGOs
CBOs in curbing the impact of HIV and AIDS.
52
Womens Health
  • SA is Integrating HIV/AIDS responses related
    infections SRH
  • National immunisation coverage went up from 82
    in 2004/05, to 84 in 2006/07- protection of SA
    children for vaccine preventable diseases
  • Reproductive health and peer education- focus on
    access family planning access to contraceptives
    choice on termination of pregnancy.
  • South Africa ranks 61 of 68 high priority
    countries in Countdown to 2015 Maternal,
    Newborn Child Survival Report. 2008. The 68
    countries combined accounted for 97 of all
    maternal, newborn and infant deaths worldwide.
    Maternal Mortality Ratio (per 100 000) live
    births 400 (2005) is classified as high with
    1110 lifetime chance of a woman dying during
    pregnancy or childbirth.
  • As a result of the promulgation of the Choice of
    Termination of Pregnancy Act (No 92 of 1996),
    abortion-related deaths dropped by 91 percent
    between 1994 and 2001. The CTP Amendment Act (No
    38 of 2004) increases access to safe termination
    of pregnancy SRH rights
  • 216 718 safe terminations in the first four
    years of the Act being passed.

53
Maternal, Child and Womens Health

Many of the successes in reducing child and
maternal mortality were eroded by the impact of
the HIV and AIDS epidemic Health Plan 2007/08
requires that at least 50 of health districts
implement the Reach Every District (RED)
strategy that 70 of districts have more than
90 immunisation coverage, that the 10
recommendations of the Confidential Enquiry into
Maternal Deaths are implemented National and
Provincial also expected to achieve the
following improve the management of childhood
illnesses through IMCI achieve measles
elimination ensure Polio outbreak and
importation preparedness and improve
micronutrient malnutrition control
1 DOH, Annual National Health Plan (ANHP)
2007/08
54
Article 13 Economic and Social Like
  • The measures to address extreme poverty and
    hunger include
  • Cash transfers in the form of social assistance
    grants whose expenditure increased 3.7 fold
    between 1994 and 2004 - from R10 billion to R55
    billion in 2005, and the number of beneficiaries
    grew from 2.6 million in 1994 to 10.5 million in
    2005 (this allocation exceeds 3 of GDP)
  • Extension of the Child support grant to children
    under the age of 14, the total number of children
    accessing the grants since 1997 is over 7 million
    (this exceeds the target government set in 2004)
    of registering 2.4 million children)
  • The social wage (monetary value of accessed basic
    services) which amounted to about R88 billion in
    20031.
  • The establishment of the Agricultural Starter
    Pack Programme and The Comprehensive Agricultural
    Support Programme are some programs that assist
    rural women.
  • Access to funding support for SMMEs and housing
    fund access to land and sustainable development
    projects

55
Poverty eradication social grants
Government sees need for eradication of poverty
policies aimed at poverty alleviation. In this
regard government has instituted a number of
social programs and social income programs
Social security system is success in
alleviating poverty. Social insurance is used to
protect those in formal employment while social
assistance aims to protect those left unprotected
by social insurance The Expanded Public Works
Programme-in first nine months- R2.4 billion was
spent on 1 890 projects to create 144 056 gross
job opportunities. The EPWP is on course to
reach its target of 1 million job opportunities
in five years. By September 2005, 223 400 work
opportunities have been created from 3400 EPWP
projects. EPWP in first yearr paid R823m in
total. Of those who benefited from the
programme in the first year, 38 were women, 41
were youth and 0.5 were disabled. The
establishment of the Agricultural Starter Pack
Programme and The Comprehensive Agricultural
Support Programme assist with sustainable
development.

56
Women and Children in Poverty
In recognition of gendered and racial dimension
of poverty, the government has measures to deal
with inequities. The social grants include an
old-age grant, disability grant, war veterans
grant, grant-in-aid, foster child grant, child
support grant, care dependency grant and social
relief of distress that mostly benefit
women. Children of the ValleyWoza Moya, is an
HIVAIDs Community Care and Support Programme
that was filmed by SABC 3s Special Assignment
whilst working in the Ufafa Valley, near Ixopo
KZN It is estimated that 12 million children
in South Africa are living in deep poverty and
child support grants have become a meal ticket
but access to child support grants can be a
problem because many caregivers do not have
bar-coded ID documents. The community workers
pointed to a grand-mother with eleven orphans who
was trying to secure a new ID book, without which
she could not access any form of social
assistance form the government. This is part of
the daily routine of the Woza Moya TEAM as they
struggle to help families apply for IDs or
grants. Rural dwellers often have to travel lon
distances to reach Department of Home Affairs
Offices and they often do not have money to pay
for taxis or for the documentation or photos that
may be required. The web-site reports impending
legal action by child rights activists to get
government to accept other forms of
identification. .
57
Women are the backbone of the second economy- a
multi-faceted approach to address disparities in
SA
  • 1)Micro financing arrangements where the major
    financial institutions are provided with
    incentives to provide loans to women
    entrepreneurs
  • 2)     A legislative environment for service
    industry partnerships between economic actors in
    the first 2nd economies
  • 3)     Skills development and training directed
    at potential women entrepreneurs in both the
    urban and rural areas
  • 4)     Providing mentorship and learnership
    opportunities for women seeking to become
    entrepreneurs
  • 5)     Encouraging young female learners to take
    business courses in high school and in tertiary
    education.
  • 6)    A communications campaign to profile
    successful women entrepreneurs in both the first
    and the second economies.
  • 7)    Access to the wealth of data that
    government has regarding future growth points in
    the South African economy
  • 8)     Gearing women entrepreneurs for success
    providing a safety net in the event they more
    time to succeed
  • 9)     Encouraging the private sector to direct
    and target their spending on social investments
    at women entrepreneurs

58
Article 14 Rural women
  • Key national legislation that has an impact on
    rural women include
  • The Land Reform Act of 1996
  • The Housing Act 107 of 1997
  • The Restitution of Land Rights Act No. 22 of 1994
    as amended
  • The Water Services Act
  • The Land Bank Amendment Act 21 of 1998
  • The Integrated Sustainable Rural Development
    Programme

59
Land restitution Grants From 1994 to December
2007 across provinces13.29 of women own land in
SA
The Grants and Services Policy of the Department
of Land Affairs outlines how women can benefit
from access to land and grants eligible
applicants-landless people or people who have
limited access to land especially women who wish
to gain access to land and settlement
opportunities in rural areas. Settlement and
development grants assist with restoring land,
sustainable planning and security of the land.
94,166 female headed households were awarded
land restitution and ownership . In a recent
land handover celebration in KZN (Ndumu Tembe)
communities, there were 142 female headed
households that were beneficiaries out of the
total of 562 that received settlement challenges
remain for women in rural areas Attitudes and
stereotypes re acces to resources women are not
allowed to discuss or make decisions during
meetings or congregate with men in the same
meeting, e.g. during the options workshop where
the community has to decide on suitable form of
compensation.

1 Department of land Affairs CEDAW Report
Input, April 2008
60
ISRD Free Basic Services
The Integrated Sustainable Rural Development
Strategy was developed (ISRDP) in 2000. The DPLG
is the national coordinator, through the
Integrated Rural Development Programme. The
programme addresses rural poverty and
underdevelopment, bringing in the resources of
all three spheres of government in a coordinated
manner. Target women, youth, and the
disabled. The programme currently focuses on 21
nodal areas- acute poverty. The nodal areas are
in the Eastern Cape, Mpumalanga, Kwazulu-Natal,
Free State, Limpopo and the Northern Cape. The
Free Basic Services Programme contributes towards
poverty relief interventions. The indigent
policy requires each municipality to develop and
adopt an indigent policy with criteria to
determine who will qualify as an indigent and to
ensure that indigents who are unable to afford
basic services have access to the package of
services included in the FBS Programme (water,
sanitation, electricity, waste removal).
61
Article 15 Equality before the Law and Civil
Matters
  • In 2004, in the landmark decision S v Ferreira,
    the Supreme Court of Appeal began acknowledging
    the grim complexities of battered women's choices
    and grappled with how this context needed to be
    incorporated into legal decision-making.
    Recognising how misunderstood domestic violence
    is, the judges acknowledged the need for a court
    to "place itself as far as it can in the position
    of the woman concerned, with a fully detailed
    account of the abusive relationship and the
    assistance of expert evidence."
  • When this particular bench did indeed place
    itself in Ms Ferreira's shoes, they overturned
    her life sentence and substituted it with a six
    year suspended sentence. Courts in Gauteng have
    certainly taken note of this decision, using it
    as a basis to hand down just and appropriate
    sentences to Annemarie Engelbrecht and Zelanga
    Mandulo
  • Staying in an abusive relationship is not a
    crime, by Lisa Vetten, Centre for the Study of
    Violence and Reconciliation

62
Womens Rights Equality
  • Black women now have full legal capacity when
    married under customary law and thus equalising
    their legal status and contractual capacity with
    that of men and other women
  • Inheritance and intestate succession discussed
    previously
  • Government measures aimed at equalising women and
    mens rights in respect of access to ownership
    and control of land and resources such as housing
    have contributed to womens de facto enjoyment
    equality of freedom of movement and domicile.
  • Challenges remain with patriarchal and
    traditional practices that have to be mitigated
    through multisector appraoches rights ed and
    enforcement

63
Article 16 Equality in Marriage and Family Law
  • South Africa retains the combination of marital
    regimes which include civil, customary and
    religious laws.
  • The Recognition of Customary Marriages Act of
    1998(RCMA) brought about equality between women
    and men married under customary law.
  • The courts have interpreted the Constitutional
    guarantee to include the right to choose a
    marital regime in recognition of cultural
    diversity and the right for same sex partners to
    be married.
  • recognises polygamy and as such men may have more
    than one wife. The only protection for women is a
    provision for a contract between the existing
    wife or wives if she or they accept the new
    arrangement and which divides the matrimonial
    estate and effects a compulsory change of the
    proprietary regime to out of community for all
    the marriages.


64
High levels of gender-based violence deny South
Africans the realisation and enjoyment of full
citizenship rights as set out in the
Constitution.
  • The 365 Day National Action Plan appended with
    this report provides comprehensive data and an
    approach to addressing this issue and responds
    to the multi-faceted and multi-sectoral approach
    required by the CEDAW convention.
  • The document states that, In 2004, the
    government set targets of reducing contact crime
    such as murder and rape by 7-10 percent per year
    until 2009, with a major focus on social crime
    prevention, integrated law enforcement
    operations, and reduction of repeat offending.
    According to the South African police Statistics
    released in September 2006, murder is down by 2,
    that is 18,793 to 18,545 and rape by a mere 0.3,
    which is a fractional decrease from 55, 114 to
    54,926

65
VAW a serious problem
South Africa also has amongst the worlds highest
levels of sexual and domestic violence. Research
conducted by the Medical Research Council in 2004
shows that a woman is killed by her intimate
partner in South Africa every six hours. A recent
study of over 1,500 women in South Africa also
indicates that women with violent or controlling
male partners are at increased risk of HIV
infection. South Africa has the largest number
of people living with HIV, with an estimated 5.5
to 6.5 million people living with the disease. An
estimated 500 000 South Africans are infected
each year. The HIV/AIDS epidemic
disproportionately affects womens lives both in
terms of rates of infection and the burden of
care and support they carry for those with AIDS
related illnesses
66
Integrated VAW Response
A 2006 Medical Research Council survey of 1370
male volunteers recruited from 70 rural South
African villages indicated that 16.3 had raped
a non-partner, or participated in a form of gang
rape 8.4 had been sexually violent towards an
intimate partner and 79.1 had done neither
The Justice and Crime Prevention Strategy an
excellent multi prong approach in SA with best
practices like Thuthuzela one stop centres
victim empowerment program. A situational
analysis on sexual assault service for victims
highlights poor quality medical care need for
standardized clinical management, training,
multi-sector coordination for service provision
structural inadequacies, etc need more
resources, training and monitoring of services

67
Legal Multi-sectoral actions to eradicate VAW
  • Exposing and taking disciplinary action to
    protect women on all levels of society and to
    eradicate discrimination systemically has become
    a collaborative effort, reflecting political will
    to eradicate discrimination against women (viz.
    disciplinary action against sexual harassment
    charges as demonstrated by cases), legal
    obligation of employers to take steps against
    sexual harassment (Ntsabo case) as well as an
    organised civil society response, and
    collaboration by the national and provincial
    gender machinery (for example in response to the
    Mpanza case and the sugarcane killings).
  • Strides have been made in improved awareness
    raising and understanding of the exploitation of
    women through trafficking and sex work, and the
    need for improved protection, for example through
    the work of civil society organisations (such as
    Molo Shongololo and SWEAT).

68
VAW a Human Rights Violation
  • The SA Government and the courts treat violence
    against women as a human rights violation and a
    violation of CEDAW and all other international
    human rights agreements that South Africa has
    ratified. A variety of case examples have been
    discussed throughout this report to highlight the
    South African reality and specifically the
    following are selected to show the types of
    Violence Against Women and to identify both the
    use of and the implications for the equality
    sections of the Constitution, in meeting the
    womens rights based agenda

69
Some examples of mechanisms that are in place to
address VAW are as follows
  • Legislative framework and administrative measures
    and programmes have come a long way
  • The Justice and Crime Prevention Strategy
  • Governments cluster approach for greater
    coordination across departments and with relevant
    stakeholders (civil society)
  • The National 365 Day Campaign to End Gender
    Violence
  • Sonke Gender Justice Advocacy Men as Partners
  • APRM POA Multi-Sectoral Approach
  • Victim Empowerment Program Thuthuzela 24 hour
    one stop Care Centres (health, courts, SAPS,
    counselling, etc)

70
Best Practices in CEDAW report re Advancement
of Women
  • Constitution, Equality Act Employment Equity
    Act
  • Commitment gender parity in the SMS in PS
  • High representation in Cabinet (Minister and
    D.M)
  • Increased labour participation from 1994(Black
    older women)
  • Landmark rulings by the Constitutional Court
  • Gender parity in education
  • Commitment to meeting the MDG targets (3 etc)
  • Violence against women is a human rights
    violation.
  • The 365 Day National Plan to End Gender Violence
  • Men as partners in the fight against VAW

71
Best Practices from the report
  • Equality Courts, Sexual Offences Courts Victim
    Empowerment Program Thutuzela Care Centres- 24
    hour with police, counselling, doctors, court
    preparation and prosecution
  • Partnerships with media for VAW, HIV and AIDS to
    affect pro-social norms
  • Strong NGM at high levelse.g. OSW in the
    Presidency Impact of work of CGE, etc
  • The Local Government Gender Policy Framework
    DPSA
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