BRIEFING ON PROGRAMMES AIMED AT ASSISTING LESBIANS, GAYS, BISEXUAL, TRANSGENDER

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BRIEFING ON PROGRAMMES AIMED AT ASSISTING
LESBIANS, GAYS, BISEXUAL, TRANSGENDER
INTERSEXTO THE SELECT COMMITTEE ON WOMEN,
CHILDREN AND PEOPLE WITH DISABILITIES JUSTICE
AND CONSTITUTIONAL DEVELOPMENT 11 SEPTEMBER 2013

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Presentation Overview

• Purpose of Presentation
• To brief the Select Committee on the work
  undertaken by the Department in collaboration
  with stakeholders regarding Gender-based and
  Sexual Orientation Violence against LGBTI
  persons.

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Structure of the Presentation

• Brief Background on the Establishment of the
  National Task Team by the Minister of Justice
  Constitutional Development in 2011
• Briefing on Meetings of the National Task Team on
  LGBTI issues, dates of meetings, attendance and
  resolutions adopted.
• Development and Overview of draft strategic
  workplan for the National Task Team for the
  period up 1 April 2014.
• Other Strategies (a)developed and (b) implemented
  by the National Task Team .
• Draft Policy Framework/Legislation on Hate Crimes
  (a) status of the Bill, (b) date for tabling the
  Bill, (c) Overview on category of crimes and
  sentencing.
• Baseline Research - Situational Analysis
• Any other interventions by the Department to
  improve justice for victims of hate crimes.

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BACKGROUND ON THE ESTABLISHMENT OF THE NTT

• In March 2011, the media began to report
  increasingly on incidences of sexual violence
  perpetrated mostly against black lesbians.
• Socially, this crime is termed, Corrective
  Rape, and it can be informally defined as sexual
  offence that is unlawfully committed by
  heterosexual men against lesbian women with the
  intent to correct the sexual orientation of
  lesbians.
• Sometimes referred to as Curative Rape, because
  it is motivated by the believe that lesbian women
  pretend to be men, and by dating women, they
  are stealing women who are naturally available
  to heterosexual men hence the need to cure
  them of their unnatural sexual orientation.

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BACKGROUND ON THE ESTABLISHMENT OF THE NTT

• Minister was petitioned by Luleki Sizwe, which is
  a local NGO based in a township in Cape Town.
• In response, the Minister mandated the
  establishment of a National Task Team to explore
  ways of intervention, and develop a National
  Intervention Strategy to combat violent crimes
  perpetrated against the LGBTI persons.
• During March 2011, the Department began
  engagements with Luleki Sizwe and other leading
  NGOs in the LGBTI sector.

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Promotion and Protection of Human Rights
including LGBTI Rights

• South Africa was the first state worldwide that
  placed sexual orientation under the protection of
  constitutional law. Section 9 of our Constitution
  guarantees every citizen of South Africa a right
  to equal protection and benefit of the law, and
  expressly prohibits all forms of discrimination
  on the ground of sexual orientation.
• The legislative framework of South Africa has
  progressively demonstrated the dedicated
  commitment of government to the constitutional
  protection guaranteed to the same-sex persons.
• In 1998, South Africa took a stance and
  legislated against discrimination on sexual
  orientation in a work environment.
• In 1999, the same-sex couples began to receive a
  legislative recognition as de facto couples.
• The Domestic Violence Act 116 of 1998 promulgated
  in 1998 endorses the right to legal protection of
  the same sex persons by classifying the same sex
  relationship as a domestic relationship.

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Promotion and Protection of Human Rights
including LGBTI Rights

• In the year 2000, South Africa legislated against
  discrimination in the provision of goods and
  services, and this liberated gay men against
  social perceptions that restricted them from
  working in environments that exposed them to
  children.
• In 2000 PEPUDA was promulgated giving effect
  section 9 of the Constitution.
• In 2002, another progressive step was taken by
  the South African government when both joint and
  step adoption by same-sex couples legislation was
  adopted.
• In 2006, South Africa became the fifth country
  internationally and first nation on the African
  continent to grant official recognition to
  same-sex marriages.
• In 2008, gay men and lesbians began to serve
  openly in the military to stamp the historical
  discrimination on sexual orientation that existed
  in this work environment. South Africa is a
  party to a number of international human rights
  instruments

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Meetings of the National Task Team

• REGISTER MINUTES FOR NTT MEETINGS ATTACHED
• 14 March 2011 took place in the DOJCD Cape Town
  
• 15 June 2011 took place in the DOJCD , in Cape
  Town
• 14 July 2011 took place at the Grand Hotel, in
  Johannesburg
• 10 August 2011 took place at the DOJCD
• 9 September 2011 took place at the DOJCD
• 15 November 2011 took place at the DOJCD
• 2 December 2011 took place at the DOJCD
• 13 April 2012 took place at the DOJCD
• 7 June 2012 took place at the DOJCD

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REVIVAL OF THE NATIONAL TASK TEAM

• In March 2012, the National Task Team established
  a Working Group of the National Task Team
  mandated to review the terms of reference and
  operations of the National Task Team with a view
  to making recommendations on its effectiveness.
• The Working Group comprises the Departments of
  Justice and Constitutional Development, South
  African Police Services, Social Development,
  Correctional Services, National Prosecuting
  Authority, South African, South African Human
  Rights Commission, Commission for Gender
  Equality, and nominated members of civil society
  organisations of the National Task Team (NTT).
• The Working Group has already met on four
  occasions, 11-12 June 2013, 26 June 2013, 2
  August 2013 and 9 September 2013.

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WORKING GROUP OF THE NATIONAL TASK TEAM

• The following issues were addressed
• Revised the terms of reference for the NTT in an
  effort to address its operations and composition
• Developed a strategic work plan for 2013/14 on
  the following strategic areas public education
  and communication, development of training
  materials, civil society alliance building and
  case flow management regarding long outstanding
  and pending LGBTI cases relating to gender and
  sexual orientation-based violence in the criminal
  justice system.
• A national intervention strategy on Gender and
  Sexual Orientation-based Violence Perpetrated
  against LGBTI Persons is in its final stages of
  development.

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OVERVIEW OF ACTIVITIES PLANNED
KEY ACTIVITIES INTENDED OUTCOMES TIME FRAMES BUDGET
1.STRENGTHENING CSOs PARTICIPATION IN THE LGBTI GROUP 1.STRENGTHENING CSOs PARTICIPATION IN THE LGBTI GROUP 1.STRENGTHENING CSOs PARTICIPATION IN THE LGBTI GROUP 1.STRENGTHENING CSOs PARTICIPATION IN THE LGBTI GROUP
Environmental Scan a desktop review identifying relevant parallel structures that the NTT can co ordinate or align its activities with. This is so that they can facilitate CSO alliance building The NTT is aware of parallel activities and structures that can facilitate CSO alliance building End September 2013 R30 000

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OVERVIEW OF ACTIVITIES PLANNED
KEY ACTIVITIES INTENDED OUTCOMES TIME FRAMES BUDGET
1.STRENGTHENING CSOs PARTICIPATION IN THE LGBTI GROUP 1.STRENGTHENING CSOs PARTICIPATION IN THE LGBTI GROUP 1.STRENGTHENING CSOs PARTICIPATION IN THE LGBTI GROUP 1.STRENGTHENING CSOs PARTICIPATION IN THE LGBTI GROUP
National Imbizo a national civil society imbizo with representatives from LGBTI CBOs per province. This is for a co ordinated CSO response to gender sexual orientation based violence against LGBTI in its engagement with NTT. An expanded list of CSO participating in the NTT September 2013 R 250 000

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OVERVIEW OF ACTIVITIES PLANNED
KEY ACTIVITIES INTENDED OUTCOMES TIME FRAMES BUDGET
1.STRENGTHENING CSOs PARTICIPATION IN THE LGBTI GROUP 1.STRENGTHENING CSOs PARTICIPATION IN THE LGBTI GROUP 1.STRENGTHENING CSOs PARTICIPATION IN THE LGBTI GROUP 1.STRENGTHENING CSOs PARTICIPATION IN THE LGBTI GROUP
Regional Workshops A series of facilitated workshops -addressing the respective themes identified in the CSO agenda for change, encouraging a process of deeper reflection on the purpose and impact of a coordinated CSO response in relation to the mandate of the NTT, and addressing issues of accountability to the sector September-Feb 13/14 R150 000

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OVERVIEW OF ACTIVITIES PLANNED
KEY ACTIVITIES INTENDED OUTCOMES TIME FRAMES BUDGET
1.STRENGTHENING CSOs PARTICIPATION IN THE LGBTI GROUP 1.STRENGTHENING CSOs PARTICIPATION IN THE LGBTI GROUP 1.STRENGTHENING CSOs PARTICIPATION IN THE LGBTI GROUP 1.STRENGTHENING CSOs PARTICIPATION IN THE LGBTI GROUP
Regional Workshops A series of facilitated workshops -addressing the respective themes identified in the CSO agenda for change, encouraging a process of deeper reflection on the purpose and impact of a coordinated CSO response in relation to the mandate of the NTT, and addressing issues of accountability to the sector September-Feb 13/14 R150 000

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OVERVIEW OF ACTIVITIES PLANNED
KEY ACTIVITIES INTENDED OUTCOMES TIME FRAMES BUDGET
2. DEVELOPMENT OF TRAINING MATERIALS 2. DEVELOPMENT OF TRAINING MATERIALS 2. DEVELOPMENT OF TRAINING MATERIALS 2. DEVELOPMENT OF TRAINING MATERIALS
Establish baseline data on available training materials (national and international) An audit of all existing materials nationally and internationally to avoid duplication of resources Mid October 2013 R40 000
Development of Training Materials Training for Service Providers in the JCPS Cluster aimed at dealing with hate crimes Sept-Dec 2013 R 350 000
Pilot Training Programme Development of Training Manual that has been field tested Final Implementation Training Manual and Trainers Manual for roll-out national training program March 2014 R 150 000
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OVERVIEW OF ACTIVITIES PLANNED
KEY ACTIVITIES INTENDED OUTCOMES TIME FRAMES BUDGET
3. MONITORING OF LGBTI CASES IN CJS 3. MONITORING OF LGBTI CASES IN CJS 3. MONITORING OF LGBTI CASES IN CJS 3. MONITORING OF LGBTI CASES IN CJS
Establishment of multi-sectoral rapid response team Decrease in the number of cases in the criminal justice system Mechanism in place to deal with crimes as they are reported immediate Baseline budget of Departments
Development of a case tracking system Increased reliability in recording and reporting of cases Ongoing Budget to be estimated
External Stakeholder Communication Strategy Increased Communication processes that are effective and clear End of July 2013 R 3mil
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Communication Strategy

• A draft communication strategy has been developed
  together with the Government Communications and
  Information systems to support the intervention
  strategy
• The Campaign will be structured around the theme
  LGBTI rights are human rights
• The central messages of the campaign on LGBTI
  rights have been structured in a manner that
• encourages tolerance,
• highlight the constitutional right to equality
  and sexual orientation,
• and demonstrate the commitment of the criminal
  justice system to deal with hate crimes

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Communication Strategy

• The strategy is anchored around the following
  pillars
• Stakeholder engagement i.e. house of traditional
  leadership, churches, civil society, academics
• Outreach programme i.e. public participation
  programmes, exhibitions, taxi rank activation,
  community sessions
• Media engagement i.e. media briefing, interviews
  on radio , statements and updates on social
  networks
• Marketing i.e. Television and radio advertisement
  
• Internal communications i.e articles on
  newsletters, information sessions,

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Other Strategies (a)developed and (b)
implemented by the National Task Team

• The Working Group established a Rapid Response
  Team consisting of Departments of Justice and
  Constitutional Development, South African Police
  Services, Correctional Services, Social
  Development, National Prosecuting Authority,
  South African Human Rights Commission, Commission
  for Gender Equality and civil society
  organisations. In this regard a meeting was held
  on 31 July 2013 by the above-mentioned
  inter-sectoral team and attended by the Deputy
  Minister of Justice and Constitutional
  Development, Mr J Jeffery, MP.
• The team has identified pending cases relating to
  gender and sexual orientation-based crimes in the
  criminal justice system. The National Prosecuting
  Authority and South African Police Service are in
  the process of tracking the status of the pending
  cases and providing progress to the Task Team.
  Feedback has already been received from the NPA
  and SAPS will provide feedback by 23 September
  2013.

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Draft Legislation and Policy Framework on Hate
Crimes

• Status of the Bill The Dept is developing a
  draft Bill based on the draft policy framework.
  The draft Bill will be developed simultaneously
  with the finalisation of the policy framework.
• The draft Policy Framework on Hate Crimes
  recommends treatment of hate crimes as a distinct
  category of crime.
• When will it be tabled 2014
• Status of the Policy Was presented to DG JCPS
  Cluster, further research was conducted based on
  input received in the Cluster.
• The Minister has announced that the Policy is to
  be submitted to Cabinet soon for approval to
  commence with public participation process. The
  Department is planning to hold dialogues in
  collaboration with the Community Outreach Unit in
  GCIS in all provinces once Cabinet approval is
  obtained.

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BASELINE RESEARCH SITUATIONAL ANALYSIS

• The Department has also conducted a situational
  analysis on (i) the perceptions of the court
  officials on LGBTI persons (ii) identification
  and registration of cases involving LGBTI
  witnesses (iii) the statistical account of these
  cases (iv) issues relating to secondary
  victimization (v) the causes of delays in the
  finalization of these cases etc. This research
  study was finalized in September 2012.
• This study will inform the development of the
  National Intervention Strategy which is already
  underway so as to ensure that there is a strategy
  that is responsive to the existing challenges
  regarding the gender and sexual orientation-based
  violence being committed against LGBTI persons.

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Other Interventions by the Department to
Improve Justice for Victims of corrective rape
and other hate crimes

• Development of the National Action Plan to Combat
  Racism, Racial Discrimination, Xenophobia, and
  Related Intolerance (NAP). The Department has
  finalised the NAP and will be submitted to
  Cabinet shortly requesting approval to commence
  with public consultation.
• Access to Justice and Promotion of Constitutional
  Rights Programme funded by the European Union and
  implemented by the Foundation for Human Rights
  (2009 2014), core areas of focus under this
  programme relate to advocacy programmes, research
  and support to advice centres based in
  communities.
• The Director-General as Chair of the JCPS Cluster
  has requested that a process be put in place to
  determine if the Provincial Development
  Committees are dealing with LGBTI cases and to
  further prioritise these matters.
• The Department will be convening the next NTT
  workshop on 18-19 September 2013, we are looking
  forward to concretising our recent efforts with
  civil society.

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• THANK YOU