CGE INTERVENTIONS RELATED TO: GBV, UNDERAGE MARRIAGES, HUMAN TRAFFICKING, etc.

1. CGE INTERVENTIONS RELATED TO:GBV, UNDERAGE MARRIAGES, HUMAN TRAFFICKING, etc. PRESENTATION TO PARLIAMENT PORTFOLIO COMMITTEE ON SOCIAL DEVELOPMENT 4 July 2018

2. TABLE OF CONTENTS INTRODUCTION CGE INTERVENTIONS THROUGH RESEARCH WORK CGE INTERVENTIONS THROUGH LEGAL WORK CGE INTERVENTIONS THROUGH PEI WORK CONCLUDING REMARKS

3. INTRODUCTION The Commission for Gender Equality (CGE) has since its inception prioritized GBV as an area of strategic intervention. Various projects, programmes and activities have been carried out by the three units/departments within the CGE (Policy & Research; Public Education and Information and Legal). The CGE has also dealt in its work with the issue of child marriages through the Legal Department. The work carried out is in line with CGE’s mandate that is outlined in Section 187 of the Constitution of South Africa, as well as the Commission for Gender Equality Act of 1996. The Commission’s broader mandate entails promoting respect for, protection, development and attainment of gender equality in the Republic. The Commission also has the power to “monitor, investigate, research, educate, lobby, advice and report on issues concerning gender equality.

4. A. CGE INTERVENTIONS THROUGH RESEARCH WORK As part of its ongoing interventions in the area of GBV, the Commission has carried out a number of research projects to assess/evaluate the capacity and effectiveness of various government departments and related entities in dealing with gender based violence, and monitored the efficacy of state. In addition, the Commission has also evaluated the implementation of several national or departmental programmes of action to deal with gender based violence in the country. Below are the details of the specific interventions:

5. A. CGE INTERVENTIONS THROUGH RESEARCH WORK CGE assessed Implementation of Victims Charter This project sought to evaluate and assess the impact of the implementation of the Service Charter for victims of crime in South Africa (Victims Charter) which was adopted by the Cabinet in 2004, together with its National Implementation Plan (NIP) The purpose of the Victims Charter was to promote access to justice for victims of crime (especially women abuse and sexual violence). Implemented through the Justice and Crime Prevention Cluster (JCPC) led by the Department of Justice & Constitutional Development, the Charter heralded an integrated, Victim-centered vision of the criminal justice system in South Africa.

6. A. CGE INTERVENTIONS THROUGH RESEARCH WORK The CGE conducted a follow-up assessment in 2015 & 2016 to determine how far the JCPC departments had implemented had addressed the findings and recommendations made by the CGE. Broadly, CGE found that while government Departments had taken some important steps to address concern raised in its findings and recommendations, a number of key challenges remained to be addressed: Problems of poor or lack of interdepartmental coordination by the lead Department (i.e. DOJ&CD) over implementing agencies/departments. Facilities and services related to implementation of the Victims Charter were generally in poor condition or inadequate. Some of the Police stations were not complying with standards set out for Victim Friendly Rooms. Detectives in the FCS unit lacked capacity and had very limited access to resources, such as vehicles.

7. A. CGE INTERVENTIONS THROUGH RESEARCH WORK Knowledge of Victims Charter among relevant state institutions (courts and SAPS) often limited, thus undermining effective responses Shortages of magistrates, delays in process of court cases Shortage of resources/transport to transport victims to places of safety Absence of anti-rape strategy in most SAPS Police Stations Limited knowledge of Victims Charter, leads to secondary victimisation (e.g. lack of privacy and confidentiality in some community service centres) Limited number of Care Centres especially in areas of high sexual violence The CGE convened/held Policy Dialogues and made presentations of its findings and recommendations to relevant JCPC departments as par of its dissemination programme to ensure that appropriate actions and responses were taken

8. A. CGE INTERVENTIONS THROUGH RESEARCH WORK CGE evaluated Implementation of 365 Day National Action Plan To End GBV (2011-2012) This was a multi-stakeholder 5 Year (2007-2011) Programme of Action with a National Action Plan (NAP) to deal with GBV, based on the Kopanong Declaration of 2006. The CGE study revealed two broad categories of constraints that affected the implementation of the Programme and its NAP: Systemic/structural issues Operational issues

9. A. CGE INTERVENTIONS THROUGH RESEARCH WORK Systemic/Structural Issues: There was a poor coordination of implementation of NAP, characterised by ineffective cooperation and collaboration between government and CSOs CGE identified budgetary/Funding Issues, with state departments not taking the objectives of this programme into their strategic planning and budgeting. Poor Planning for NIP related activities were identified, with more resources allocated to VEP (by Dept. Justice) and less on the NIP of the programme . CGE identified institutional capacity issues, with the Programme Management Unit (PMU) lacking institutional capacity to manage/coordinate nationally

10. A. CGE INTERVENTIONS THROUGH RESEARCH WORK Operational Issues included the following: NAP related social services were generally not effectively communicated to those who needed them. CSOs generally more pro-active than government in line with objectives of the NAP. NPA developed a training manual for reference which was not widely disseminated Media increasingly playing a role in reporting on gender issues/gender based violence, with more focus on gender issues during 16 Days of Activism Campaigns More shelters for abused women being established across the country (but most shelters fail to meet standards of service in line with Victims Charter). SAPS established Victim Empowerment Centres and trained officials on Domestic Violence Act and Sexual Offences Act. Positive policy and legislative developments by government to ensure access to justice for women and children (e.g. Sexual Offences and Related Matters Act 2007) not matched by effective implementation.

11. A. CGE INTERVENTIONS THROUGH RESEARCH WORK CGE Evaluated the work of the National Council on GBV The Council was established in 2011 as a multi-stakeholder national structure (in line with CEDAW General Recommendation 19) to coordinate national policy programmes of action on GBV. The membership consisted of various stakeholders including government, CSOs and CGE, etc. The CGE Identified the following issues that affected the Council’s institutional and operational effectiveness: The CGE identified structural & operational/programme issues that negatively affected effectiveness of NCGBV: The Council had internal institutional internal weaknesses (i.e. problems setting up internal structures, policies, plans/strategies and programmes).

12. A. CGE INTERVENTIONS THROUGH RESEARCH WORK Internal leadership conflicts Lack of institutional capacity to coordinate national programmes on GBV. Unresolved funding limitations (limited state support and donor funding) and lack of financial transparency accountability. Weak secretariat/administrative support Lack of capacity for strategic and operational/ programme planning. No clear/comprehensive operational programme, plans and budget Failure to develop a comprehensive National Strategic Plan (NSP) to deal with gender based Violence in the country The findings and recommendations of this evaluation were also shared with relevant departments/stakeholders to ensure proper response and actions

13. A. CGE INTERVENTIONS THROUGH RESEARCH WORK CGE evaluated the work/programmes of relevant government Departments to combat GBV in the country In 2015 the CGE carried out an evaluation of the programmes DSD and SAPS to combat GBV at national and provincial levels. Among the key objectives were the following. To identify the strategies, programmes and activities in place to combat GBV/VAW in the country. To assess the coordination and implementation of such strategies and programme across national and provincial levels

14. A. CGE INTERVENTIONS THROUGH RESEARCH WORK This issues uncovered were both structural and operational In the wake of the demise of the NCGBV, the DSD became the de facto lead institution responsible for coordinating national programmes on GBV. However the DSD struggled to secure the cooperation of other key departments in implementing its new Integrated Programme of Action (IPOA). DSD encountered difficulties ensuring that other key departments budgeted and allocated resources for their responsibilities under the IPOA. Vertical Coordination challenge emanated from lack of coordination of national strategies and programmes hence the problem filtered to the Provincial level and created disjuncture across implementing departments and CSOs within Provinces. There were problems of fragmentation and inconsistencies in the approaches of the different provinces. The absence of the NSP was remains a major impediment in dealing with GBV. CGE’s findings and recommendations from this evaluation were also shared with relevant government department to ensure that relevant remedies were put in place

15. A.CGE INTERVENTIONS THROUGH RESEARCH WORK CGE assessed the work of SAPS Police Stations in combating Violence Against Women The SAPS is one of the key national institutions with a mandate to implement critical national laws dealing with violence against women (e.g. DVA, SOA, etc.). In 2016 the CGE carried out an assessment of the work of selected SAPS stations in relation to implementing national and provincial strategies to combat GBV in local communities. Among others, the CGE found the following: In general police station leaderships did not seem to have accurate figures/data at their fingertips to demonstrate a clear and well informed grasp of the prevalence and patterns of crime, especially GBV, in their areas of jurisdiction.

16. A. CGE INTERVENTIONS THROUGH RESEARCH WORK Knowledge of national programmes and strategies to deal with violence against women was lacking among station commanders. Many of the Station Commanders could did not have clear operational programmes to deal with GBV in their local communities, except only rudimentary local awareness campaigns driven through local community meetings and local media In many instances Victim Support Centres in local SAPS stations were under-staffed. FCS units appeared over-stretched by dealing with various problems including children, domestic crimes and other general crimes, rather than focusing attention on gender-based violence or violence against women as a particular category of crime. Many SAPS officers were not adequately trained to handle and investigate cases of gender-based violence/violence against women

17. A. CGE INTERVENTIONS THROUGH RESEARCH WORK The police stations did not have clear, coherent and well-defined long-term programmes of action to tackle the scourge of domestic violence or violence against women within their areas of jurisdiction The police stations did not have clear, coherent and well-defined long-term programmes of action to tackle the scourge of domestic violence or violence against women within their areas of jurisdiction. The CGE did convene Policy Dialogues with relevant government departments and other agencies on these findings and recommendations to ensure that they utilised the information to inform their internal programme planning and strategies to combat violence against women. The findings of the study were also presented to Parliament’s Portfolio Committee on Safety in 2017, where the senior Management of the SAPS also appeared before the Committee.

18. B: CGE INTERVENTIONS THE LEGAL WORK The CGE has also, over the past decade, carried out several operational and programmatic interventions (through its legal department) to ensure that the rights of women and girls were not violated through harmful cultural/traditional practices as well as by commission or omission by state institutions or other non-state entities. The CGE continues to campaign, lobby and advice government and other relevant stakeholders to ensure that government takes necessary measures to ensure its departments address the scourge of GBV and violence against children in the country. Below are some of the activities which the CGE, through its legal department, has engaged in to deal with harmful practices affecting women and children:

19. B: CGE INTERVENTIONS THE LEGAL WORK The Shembe Church Report of Underage Marriage: In 2012 a case was reported to a pastor of the Shembe church. The CGE received information from a community member in Maphumulo about a 14-year-old girl child who was to be married to a member of the Shembe church, as a replacement for her sister who had been earmarked for marriage but had fallen pregnant. Also in 2013, the KZN-based newspaper Ilanga reported the case of a 13-year-old girl who was to be married in January 2013 to a 41-year-old Shembe church member, with the approval of the girl’s father. The CGE intervened by inviting the National Prosecuting Authority (NPA) to a meeting on 25 January 2013 in Ozwathini. The NPA was invited to attend as a key stakeholder in ensuring the protection of the rights of the girl child and the enforcement of South African legislation in this regard.

20. B: CGE INTERVENTIONS THE LEGAL WORK The Jezile v S and Others (Forceful Abduction, Human Trafficking and Grievous Bodily Harm (CGE as amicus curiae) This judgment in this case was delivered by a full bench of the Western Cape Division of the High Court which set precedent that the customary practice of ukuthwala cannot be utilised as a legitimate defence to criminal offences of rape, assault with intent to do grievous bodily harm (GBH) and human trafficking. The appellant, Mvumeleni Jezile (Jezile) after forcefully marrying a 14 year old girl from Eastern Cape and trafficking her to Cape Town, was initially sentenced to twenty two years imprisonment after he was convicted of rape, human trafficking, and one count of assault with intent to do grievous bodily harm. Jezile appealed his conviction on the basis that he had married the fourteen year old girl in a legitimate manner, namely he had practised the custom of ukuthwala. The Commission for Gender Equality (CGE) represented by the Legal Resources Centre (LRC) was successfully admitted as amicus curiae (friends of the court). The CGE placed before the Court its extensive work within the customary arena specifically in relation to the customary practice of ukuthwala. The CGE argued that the customary practice of Ukuthwala was currently polluted and utilised as a modern-day guise for human trafficking. Moreover, the practice of forced underage marriage violated a number international and regional legal instruments which the South African state was party too.

21. B: CGE INTERVENTIONS THE LEGAL WORK The Appeal Court dismissed the appeal and in turn confirmed the convictions levelled against Jezile. The judgment reaffirmed the CGE’s viewpoint that ukuthwala in its true form did not involve rape and gross abuse of underage girls. It further emphasised the need for consent by both parties to conclude a legitimate marriage. Widespread cases of Ukuthwala, Abductions & Child Rape in in KZN: In early 2012, the CGE became concerned with media reports of the widespread practice of abductions in KwaZulu-Natal of girls by men, as well as the associated instances of sexual assault, underage lobola and pregnancy, and the resulting drop-outs from school. The CGE viewed this as a direct violation of the girls’ constitutional rights, with devastating impacts on their health, education and future prospects of development. The CGE was also concerned about the low number of successful arrests and prosecutions of these reported incidents as they were being condoned by some stakeholders within the traditional community as acceptable cultural practices. The CGE therefore carried out an investigation of these practices in 2012, working with key stakeholders including provincial government departments in KwaZulu-Natal (KZN) to determine the extent of government interventions and policy responses to eradicate the practice.

22. B: CGE INTERVENTIONS THE LEGAL WORK The CGE was also initially invited to be a member of the KZN Ukuthwala Task Team, coordinated by the Office of the Premier, and opted to participate as an observer. The CGE investigation of this matter found that in some areas ongoing interventions and responses by various key stakeholders, including the Premier’s Office, local chiefs and provincial government departments led to a significant decline in the practice of ukuthwala and forced child marriages. However, the CGE still expressed concern that the practice of ukuthwala in its current form violates the freedom and security of a person, the right to human dignity and the best interests of the child. The CGE felt that there needs to be an intersectoral approach adopted by all the key stakeholders, including NGOs and government joining hands to eradicate the scourge. During the  December 2017 festive season, the CGE was notified of a case of Ukuthwala wherein a young girl (14 years old ) swam the Mvezo river to escape. The CGE led by Chairperson Nare met with key stakeholders and facilitated the child’s removal to a place of safety in Mthatha. After further meetings and consultations, the child has been formally placed with her maternal aunt in the Gauteng Province. The CGE is now formally monitoring the criminal prosecution of all the parties to the forced underage marriage

23. B: CGE INTERVENTIONS THE LEGAL WORK An educator contacted CGE Offices to report rape of a learner by an uncle, after the educator had informed the Department of Social Development. Dept. of Social Development visited the learner at school but nothing was done. CGE subsequently alerted SAPS to arrest the Uncle ( the accused who is also a member of SAPS). After the arrest of the accused, the child taken for medical testing and in turn taken to a place of safety. CGE is formally monitoring the case and has also called for the Dept. of Social development to investigate the conduct of its social workers during the initial investigation. CGE is currently monitoring a case of rape that recently took place in Veralum, KZN. The child was allegedly raped by her stepfather who had also kept the child locked up for lengthy period of time until the child was removed and taken to a place of safety. The matter was in court on 25 June 2018, and postponed to 13 July. A case of rape of alleged rape involving a 15 year old was reported to the SAPS and the SAPS initially refused to open a case stating that the two individuals were in a love relationship. After the CGE’s intervention, the SAPS opened a case and the docket was taken to the Public Prosecutor for decision. A case of rape was reported in which the accused allegedly raped an autistic child while employed at the school for children with special needs. The Matter is currently in court at Vryheid Regional Court. The CGE is monitoring the case.

24. B: CGE INTERVENTIONS THE LEGAL WORK Cases of Child Rape and Under-age Marriage in Western Cape A 16 Year Old girl/Underage-Marriage Under Muslim Rites This matter was lodged on the 18 June 2018 by a concerned community member alleging that a 16 year-old girls was married under Muslim rites to an adult male. Further information has been requested by CGE and a meeting has been scheduled with SAHRC as it appears that the matter was already reported to them by another community member. Cases of Child Rape and Under-age Marriage in Eastern Cape In December 2017, a case was reported in the media of an underaged/ 14 year old girl

25. B: CGE INTERVENTIONS THE LEGAL WORK In December 2017, a case was reported in the media of an underaged/ 14 year old girl and the CGE led by the Chairperson assistance in ensuring that SAPS/HAWKS investigators are on board and monitored rescue process; investigation and court proceedings. The Commission on this matter worked closely with social workers/HAWKS and Khula ( an NGO working on children’s rights.

26. C: CGE INTERVENTIONS THROUGH PEI DEPARTMENT The PEI department has conducted a number of awareness campaigns in relation to the scourge of GBV: In schools- gender based violence in schools; teenage pregnancy; bullying In communities focusing femicide/intimate partner killings; gender-based violence and HIV; substance abuse and GBV. Annual Campaigns: 16 Days of Activism for No Violence Against Women & Children. Community radio programme focusing on GBV and youth Jointly conducting outreach with Thuthuzela centres raising awareness in GBV and Victim Empowerment Intergenerational dialogues on GBV

27. C: CGE INTERVENTIONS THROUGH PEI DEPARTMENT GBV conferences which were held in 2003 and 2008 respectively Gender summit held in 2014, one focus area was strategies that need to be developed on GBV CGE, in partnership with the Foundation for Human Rights (FHR), met with the UN Special Rapporteur on Violence Against Women to discuss the UN Special Rapporteur’s report on violence against women in South Africa CGE partners with men’s organisations to host men’s Summits across provinces in previous years to discuss violence against women

28. CONCLUSION REMARKS The CGE has over the years embarked on numerous programmes and activities through its line function departments not only to raise awareness, but also to engage directly in activities aimed at combatting gender based violence and cultural practices that are harmful to women and girls We continue to carry out this work with the aim of continuously confronting the scourge of gender based violence and under-age/forced marriages and its harmful effects – the CGE’s current Annual Programme of Action will also prioritise the problem of under-age/forced marriages through the work of its line-function departments We conclude by reiterating our call for the establishment of a national structure that will coordinate national strategies and programmes of action against GBV

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