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Overview of the Commission for Gender Equality's mandate, strategic objectives, and performance for the financial year 2013/2014. Includes challenges, achievements, and areas for improvement.
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Presentation to the Portfolio Committee on Women in the Presidency 21 October 2014
TABLE OF CONTENTS • Opening remarks by the Chairperson • Overview • Constitutional Mandate • Strategic Objectives • Performance Overview • Highlights • Conclusion
OPENING REMARKS BY CHAIRPERSON Contextual Analysis • Programme undertaken during financial year that preceded the elections • Election fever cause communities and some structures to sometimes question the role and independence of the Commission • Our work is biased towards the poor , vulnerable groups and this testimony to the nature and type of complaints and education work we undertake • Rely more on the CGE staff to conduct or Do our work and little reliance on consultants • Operating with inadequate Budget with other mandate like PEPUDA not funding
OPENING REMARKS BY CHAIRPERSON • Building relationship with key structures like civil society organizations, faith Based organizations, International organizations, Private Sector , Government, Judiciary and house of Traditional Leadership • Media is gradually beginning to report on the CGE activities and gender equality in general (this is not enough) Challenges • Non funded mandate • Treasury has reduced our budget by 4 million going forward. • Portfolio committee to assist with the funding situation of the CGE Requests • Portfolio committee to consider and debate reports lodged with Parliament • Consider and Finalize issues raised in the report of the Adhoc Committee on the Review of C9s and Associated Institutions
OVERVIEW This presentation provides an account of overall performance of the Commission for the financial year 2013/2014. The Commission welcomes the unqualified audit opinion received. The Commission has made significant achievements in resolving Audit Issues raised in previous periods. There are areas of improvement identified around SCM and compliance related to regulations thereto and actions are being implemented to ensure compliance. There has been an increase in overall performance for the reporting period, against annual targets that were set in the Annual Performance Plan lodged with this House. For the reporting period, 76% of the predetermined objectives has been achieved. There are areas (24%) where the Commission struggled which impeded getting the 100% mark.
OVERVIEW Comparative for Performance between FY 2012/2013 and 2013/2014
CONSTITUTIONAL MANDATE • The Constitution of SA created an independent Commission for Gender Equality to deal specifically with the promotion of gender equality and to advise and make recommendations relating to gender equality and the status of women. • Section 181 read with section 187 of the Constitution establishes the Commission for Gender Equality. • In terms of section 187 CGE must promote respect for gender equality and the protection, development and attainment of gender equality
FUNCTIONS PRESCRIBED BY NATIONAL LEGISLATION Commission for Gender Equality Act 39 of 1996 Monitor Investigate Research Educate Lobby Advise Parliament and report on issues concerning gender equality Monitor compliance with Regional & International Conventions Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA) • Assist complainants in instituting proceedings in the Equality Court • Conduct investigations and make recommendations regarding persistent contraventions of PEPUDA
VISION and MISSION Vision • A society free from all forms of gender oppression and inequality Mission • Monitor, evaluate and make recommendations on policies of the public and private sector • Information and educational programmes • Evaluate and make recommendations on legislation affecting the status of women • Investigate, resolve and rectify gender issues • Collaborate with government and civil society • Monitor and report on international conventions
GOVERNANCE AND OVERSIGHT COMMITTEES • Legal and Complaints • Research and Education • Strategic Planning, Annual Report and M&E • Human Resources • Audit • Finance • Information Technology & Communications • Good Governance
Performance Overview- SO1 Under this strategic objective, the Commission set out to monitor and evaluate policies and practices of public and private sector. The following was achieved: • Tabled the National Employment Equity Report • Finalised ProvincialEmployment equity reports and held Provincial dialogues on the findings • Assessed the effectiveness of the GFPs in government departments and produced a report • Administered the gender barometer tool to specific government departments and private sector entities, assessed progress in gender mainstreaming and produced a report on the status of gender policies and practices in the public and private sector • Reviewed and analysed 12 pieces of proposed legislation from a gender perspective
Performance Overview- SO1 Under this strategic objective, the Commission set out to monitor and evaluate policies and practices of public and private sector. The following was achieved:
Performance Overview- SO1 continued • Engaged the National Planning Commission on engendering the National Development plan • Made a submission to DOJCD on the implementation of gender equality measures, namely, Domestic Violence Act, maintenance Act, Sexual Offences Act, maternity benefits and Sex work • Assessed the effectiveness of the implementation of the 365 Days National Action Plan and the GBV Council, and produced reports capturing findings and recommendations • Evaluated the functioning of courts, namely maintenance, equality and family courts. Produced an evaluation report .
Performance Overview- SO1 continued Policy Dialogues – three (3) national and twenty seven (27) policy dialogues were convened between the Commission and Policy makers, on policy implications of previously conducted research reports, as follows: Implementing the Victims Charter • Assessing implementation of obligations of following departments:- • Department of Justice and Constitutional development & South African Police Services • National Prosecuting Authority & Department of Social Department • Department of Health and Department of Correctional Services
Performance Overview- SO1 continued Assessing gender mainstreaming in the Public Service through Gender Barometer • Department of Public Works • National & Provincial Dept. of Human Settlement Gender in the national education curriculum • Engaged national and provincial departments of Basic education The dialogues provided a platform for the Commission to engage with Policy makers at national and provincial level on issues relating to gender equality and mainstreaming, and how best practice and further recommendations can be properly implemented
Performance Overview- SO2 The Commission investigated complaints of gender discrimination. The Commission handled a total of 894 complaints for the current financial year, this number is inclusive of telephonic and walk-in consultations, which would not have warranted a prolonged investigation, or required referral to more relevant institutions.
Performance Overview- SO2 Number of files opened in 2013/2014
Performance Overview- SO2 The following table represents the files that were brought forward or opened and closed during the 2013/2014 financial year.
LEGAL CLINICS HELD Legal Advice clinics aim to provide access to legal advice and, in turn, gender justice to communities throughout South Africa. A total number of 126 clinics were held in the 2013/2014 period.
HIGHLIGHTS OF CASES LITIGATED ON • Mayelane v Ngwenyama & Another CCT57/12: The Commission was admitted as amicus curiae in this case. The matter related to Tsonga customary marriages, in which the Constitutional Court had to determine the extent to which the absence of the first wife’s consent to her husband’s subsequent polygamous marriage affects the validity of the latter marriage.
HIGHLIGHTS OF CASES LITIGATED ON • Chiloane matter: This is a case that emanates from a complaint lodged with the Mpumalanga office. The Commission has been admitted as amicus curiae, relating to chieftainship. The applicant, Ms Ressie Chiloane, seeks to remove her brother as chief and claim her rightful position as heir to the throne of her father, the late chief. The case is awaiting set down of date of trial. • Xhosa Lineage: The complainant in this matter is Princess Nomaxhosa Sigcawu, who formally lodged a complaint with the CGE Eastern Cape Provincial Office. Upon investigation, it became clear that the complainant had been deprived of her right to become queen on the basis of her gender. Commission is consulting and perusing all documentation relating to this matter to ascertain the prospects of success.
Performance Overview- SO2 • Launch of the position paper on decriminalisation of sex work in South Africa • Developed a report on Women in political parties in partnership with National Democratic Institute South Africa • Engagement with the Special Rapporteur on Violence Against Women • Engagements with the traditional leadership and the religious sector • Engagement with LGBTI Communities
Performance Overview- SO2 Protecting and Promoting Gender Equality Launch of the position paper on decriminalisation of sex work in South Africa • One of the CGE focus areas is gender-based violence, which includes responding to the abuse and violation of rights of sex workers. • The current legal position in South Africa has resulted in the criminalisation of sex work; engaging in it is illegal and will lead to the criminal prosecution of sex workers, buyers of sexual services, and any other associated stakeholders. • As a result of their criminal status, sex workers who experience abuse and violation of numerous Constitutional rights, and acts of violence and abusive treatment, often at the hands of police officers, are unable to seek remedies or justice. Sex workers are also denied access to critical health and HIV prevention services, as a result of stigma relating to their status.
Performance Overview- SO2 Protecting and Promoting Gender Equality • Informed by international treaties and research, and the imperatives of the South African Constitution, the CGE believes that sufficient evidence exists to support the full decriminalisation of sex work in South Africa. Decriminalisation is the only means to ensure protection of rights of sex workers, and does not lead to increase in sex work, trafficking or child prostitution. Women in political parties • CGE gender monitoring of elections and women’s political representation includes review of party lists and manifestos, engaging with political parties; recommending to Parliament the adoption of a 50/50 quota system, election monitoring through gender lens; recent study with 3 political parties on enabling mechanisms to promote women’s full political participation and representation.
Performance Overview- SO2 Protecting and Promoting Gender Equality Engagement with United Nations Special Rapporteur on violence against women • Commission in partnership with the Foundation For Human Rights engaged the United Nations Special Rapporteur, Ms Rashida Manjoo, Presentations were made by the UN Special Rapporteur, the Centre for Human Rights, the SAHRC, Genderlinks, the National Council on Gender-based violence and the DOJ&CD on progressand challenges in addressing violence against women at an administrative and judicial level Engagement with the LGBTI organisations • The DoJ&CD has established a multi-sectoral national task team to address violence against LGBTIs. This includes representatives from key government departments, Chapter 9s in the form of the SAHRC and the CGE, and CSOs from the LGBTI sector. A consultative workshop was held with CSO representatives from the LGBTI sector to report on progress to date, and engage with them on the draft National Intervention Strategy.
Performance Overview- SO2 Protecting and Promoting Gender Equality To further support the initiatives of the national task team, the Commission engaged communities with the assistance of LGBTI organisations on creating public awareness of the issues and challenges experienced by LGBTI peoplewhich include the following: • Killing and physical violations of lesbians • Lack of investigation by SAPS and attitudes and victimisation experienced, creating barriers to reporting, delays in investigation and cases being dropped. • Frustration and delays with the criminal justice system, creating barriers to justice and resulting in impunity of offenders. • Discrimination and stigma experienced at the hands of health workers, creating barriers to access to reproductive health services in particular. • Inadequate mainstreaming of LGBTI issues into state programmes and services and discrimination, and lack of recognition experienced at the hands of traditional leaders and religious organisations.
Performance Overview- SO2 Geographical areas covered in the financial year
Performance Overview- SO2 Protecting and Promoting Gender Equality Community radio programme with the National Community Radio Forum • The Commission signed an MOU with NCRF to access community radio stations which provided a platform for discussion on the CGE’s mandate and gender-equality related issues • The following community radio stations were targeted, namely, Jozi FM, True FM, Forte FM, Mafikeng FM, Aganang FM, Radio Zibonele, Alex Fm. Barberton Community Radio, Vally FM, Radio Bushbuckridge, Theta FM, Vukani FM, Motheo FM, Vaaltar FM, Vuma FM, North West FM, Sekgosese FM, Sekhukhune FM, Univen FM, OFM, Bush Radio Station, Igagasi FM, Namaqua FM and Inanda FM.
Performance Overview- SO3 Under this strategic objective, the Commission set out to review state compliance against obligations under conventions and charters acceded to Finalised baseline reports on the following international instruments • Beijing Platform for Action • CEDAW • Millennium Development Goals
Performance Overview- SO3 Women and Poverty • Achievements South Africa places poverty reduction high on its agenda and continues to heighten actions and policies to address it through a wide range of strategies. There are programmes in place to assist women and children through the social relief strategies that have been put in place. • Challenges Women in rural and remote areas who constitute the majority of women in South Africa, which is characterized by poverty, still have difficulties in accessing health and social services, and a lack of participation in decision-making processes at the community level. Furthermore, customs and traditional practices, prevalent in rural areas, prevent women from inheriting or acquiring ownership of land and other property.
Performance Overview- SO3 Women and the Economy • Achievements Laws and policies are in place to guarantee equal access to employment opportunities and social protection benefits. The right to equal access to employment opportunities and social protection benefits are guaranteed by the principle of equality between women and men entrenched in the constitution and labour laws. • Challenges Data gaps in critical areas with respect to women’s contributions to economic development affect effective planning, monitoring and evaluation of the gendered impacts of economic and social policies. The persistence of customary views of the extent to which women are accessing productive resources, particularly land, remains a barrier to their access. Equal remuneration for women and men , and gender gaps in professional skills, educational attainment and occupational segregation, with a predominance of women in seasonal employment.
Performance Overview- SO3 Sex disaggregated data: It has been a challenge to get sex disaggregated data from government departments. Failure to disaggregate such data by sex results is ineffective monitoring, and makes it difficult to design, implement and evaluate programmes that would effectively improve the status of women. Gender neutral policies: A lot of government policies were found to be “gender neutral”:- The danger of such policies is that they might constitute discrimination against women. This would mean that an identical or neutral treatment of women and men might constitute discrimination against women if such treatment resulted in or had the effect of women being denied the exercise of a right because there was no recognition of the pre-existing gender-based disadvantage and inequality that women face.
Performance Overview- SO3 Lack of specific supporting mechanisms to promote the advancement of women (Art 3.) It has been a challenge to find policies that specifically responds to the practical gender needs of women. For example, flexi-time is not supported and mechanisms such as child care facilities are not provided. Even though the DPSA in its response to the CGE, has indicated that there are guidelines to implement this it has not be done. The absence of provisions in domestic legislation, for remunerated maternity leave: There is a need for the protection of maternity leave through ensuring that there is legislation that provides that maternity leave be with remuneration. This particular issue has been highlighted by the CEDAW Committee as well. .
Performance Overview- SO3 Violence Against Women: Lack of statistics on gender based violence. The fact that Gender based violence is not classified as a crime is problematic as it denies the country the opportunity to get well documented statistics so as to comprehensively plan interventions based on proper statistics A domestic Violence Act that does not have a comprehensive implementation plan and budget. This makes the implementation of the Act difficult. Monitoring is done peace-meal, while the responsibility of evaluation is left to institutions that might be interested. Lack of a well-co-ordinated multi sectoral approach to addressing gender based violence.
Performance Overview- SO4 Effective, Efficient , Visible and Sustainable Institution This strategic objective is inward looking and deals with corporate services, viz Finance, ICT, Communications and Human Resources. Under this strategic objective out of 19 targets 3 were not met and/ or partially achieved. All these activities that were not met related to the IT Infrastructure upgrade. In June 2013 National Treasury granted the Commission permission to utilize the surplus that was realised. The project is currently underway.
HIGHLIGHTS OF SIGNIFICANT ACHIEVEMENTS • Sustained unqualified audit opinion • Increased and/ or achieved all service delivery related targets • Launch of the Commission’s Fraud Hotline Number- “Spill the beans” • Launch of the Commission’s Gender Complaints Toll-free number • Gender Transformation Hearings held • KZN Ukuthwala and child marriages survey report • Policy dialogues held to ensure greater accessibility of the Commission’s Research outputs and policy findings to policy makers in order to influence policy from gender perspective • CGE Mandate translated into remaining 5 Indigenous languages to ensure reach ( last year translation was done into 6 languages)
CONCLUSION • The resources that were appropriated were used efficiently in line with the legislated mandate, guided by the strategic objectives. This has led to an improvement in achieving a higher percentage as far as service delivery is concerned. • Of the 28 service delivery related targets 5 were partially achieved and 4 were not achieved. Some of the unachieved targets related to meetings that the Commission had hoped to hold with various Ministers to engage on matters emanating from research reports and the GBV in higher institutions research, whose proposal was written primarily in response to lack of response by from university leadership on gender-based violence. The CGE signed MoUs with different institutions of higher learning and the Department of Higher Education and training had agreed to fund it and later indicated that they had budgetary constraints.
CONCLUSION • The Commission is still aware of challenges that continue to plague the attainment ofgender equality, such as gender based violence, gender discrimination in the work place, violation of rights, and the inadequate implementation of gender equality measures
Thank you for your time HAVE A GENDER RELATED COMPLAINT ???? REPORT IT TO 0800 007 709 TwitterHandle @CGEinfo
