PresenP Presentation on 4 March 2015 International Instruments

1. PresenP Presentation on 4 March 2015 International Instruments

2. CGE MANDATE Constitutional Mandate To Promote respect for gender equality and the protection, development and attainment of gender equality

3. CGE Mandate Cont… • The CGE has the power to; • Monitor • Investigate • Research • Educate • Lobby • Advise and • Report on issues concerning gender equality

4. CGE Mandate Cont… LEGAL MANDATE IN TERMS OF SECTION 11(1) h : • The CGE shall monitor the compliance with international Conventions, international Charters, acceded to or ratified by the Republic, relating to the object of the Commission. • The Commission shall prepare and submit reports to parliament pertaining to any such convention, covenant or charter to the object of the Commission

5. INTERNATIONAL INSTRUMENTS

6. UN INSTRUMENTS The work of the Commission is guided by the following international instruments; • The Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) and its Optional Protocol • Beijing Declaration and Platform for Action • Millennium Development Declaration and Goals • Declaration on the Elimination of Violence Against Women (DEVAW)

7. REGIONAL INSTRUMENTS Gender Discourse is also guided by the Regional that are Africa based addressing the specific issues that affect African women, which are; • The Protocol to the African Charter on Human and People’s Rights on the Rights of Women • Solemn Declaration • SADC Protocol on Gender and Development

8. MEASURING SOUTH AFRICA’S PROGRESS IN THE IMPLEMENTATION OF THE SADC PROTOCOL and RELATED CONVENTIONS

9. ARTICLE 4 OF SADC: CONSTITUTIONAL RIGHTS • State parties are obliged to enshrine gender equality in their constitutions and also ensure that these rights are not compromised by any practice. • Achievement SA has fulfilled this obligations , for example, PEPUDA establishes equality courts that can adjudicate all equality issues and offer judicial remedies.

10. ARTICLE 4 OF SADC: CONSTITUTIONAL RIGHTS Challenges Certain traditional practices such as virginity testing , male primogeniture in respect of traditional and customary practices continue to prejudice women especially in rural areas. There is a need to promulgate legislation that recognises all customary and religious marriages such as Muslim , Hindu and Jewish marriages .

11. ARTICLE 5 OF SADC: AFFIRMATIVE ACTION • Article of SADC obliges State parties to put in place affirmative action policies . Section 9(2) – Constitution, provides for affirmative action as envisaged in article 5. numerous statutes designed to drive affirmative action such as EEA and PEPUDA Challenges Transformation in the public sector is encouraging while progress in private sector is dismal.

12. Article 6 Domestic legislation • Article 6 of SADC requires Domestic legislation to be reviewed and laws that discriminate against women to be be repealed • Achievements Intestate succession Act and Maintenance of Surviving spouse Act was found to discriminate against women in polygamous marriages. These Acts were amended accordingly. 2. Challenges Sections of sexual offences Act of 1957 still effective and discriminatory

13. Article 7 of SADC: Equality in accessing justice • Article 7 obliges state parties to put in place legislative and other measures which promote and ensure the practical realisation of equality for women • One of the issues that came up under article 15 of CEDAW (equality before the law & civil matters) was the restriction on women’s contractual capacity, access to credit and capacity with respect to property, limiting women’s ability to provide for themselves and their dependants. • CEDAW Committee during the last periodic reporting expressed that a number of state parties, South Africa being one of them did not conform to the provisions of the Convention especially on issues that are dealing with family, equality of women in marriage and family relations.

14. Article 7 of SADC: Equality in accessing justice • The Committee acknowledged the fact that South Africa is currently undergoing a reform to ensure women’s access to justice and to improve prosecution and conviction of cases related to violence against women in the country. • There was also a concern about the Traditional Courts Bill, which might jeopardize women’s access to justice and equality of treatment before the law.

15. ARTICLE 8 OF SADC: MARRIAGE AND FAMILY RIGHTS Article 8 requires state parties to adopt legislation that ensure that men and women are regarded as equal partners in marriages Achievements laws developed that accord equal rights to women in marriage , Divorce Act, Matrimonial Properties Act, maintenance Act Challenges Ukuthwala and a failure to recognise all religious marriages.

16. Article 9 of SADC: Persons with Disability • Article 9 of SADC obliges member State to create an enabling environment such that all persons with disabilities, whatever the origin and nature of their disability, shall further be entitled to additional concrete measures aimed at improving their social and professional integration. • The notion of social security has been so often characterised the push for fundamental socio-economic and political change and the right to basic means for a decent existence • Social security covers a wide range of public an d private measures. Social security is entrenched in the Constitution of South Africa

17. Article 9 of SADC: Persons with Disability • Some of such grants which have clear impact on the rights of women and children include: -Disability Grant -Care Dependency Grant • South Africa has also put in place measures within the public and private sector to empower women to participate into the economic sector.

18. Article 9 of SADC: Persons with Disability Noting: • Despite the commitment by the Department of Sport and Recreation regarding addressing matters of gender equality, youth development and people with disabilities, the CGE was unable to locate statistical data by the Department which are disaggregated in terms gender and disability. Therefore, it was very difficult to assess the impact of the programmes above without having gender disaggregated data which could clearly exhibit development of gender and disability in South African sport.

19. Persistent Discrimination against and violation of the rights of the Girl-Child Achievements • South Africa has ratified the CRC and SADC Protocol on Gender and Development (SADC Protocol ). Article 11 of the SADC Protocol obliges all State Parties to ensure that the development and protection of the girl child is realised. In this regard the RSA has integrated these treaties into domestic law through legislative and constitutional reforms. All legislative enactments contain clauses on non-discrimination, which seek to enhance the well-being of the girl child. These include the Children’s Act of 2005 and Protection Against Harassment Act(s). Challenges • Religious and cultural practices such as early marriage, trafficking of girls and unfair distribution of property intestate continue to perpetuate the violation of the rights of the girl-child. • Teenage pregnancy , school drop out remains high in South Africa.

20. ARTICLE 12: REPRESENTATION 1. State parties shall endeavour that, by 2015, at least fifty percent of decision-making positions in the public and private sectors are held by women including the use of affirmative action measures as provided for in Article 5. • States parties shall ensure that all legislative and other measures are accompanied by public awareness campaigns which demonstrate the vital link between the equal representation and participation of women and men in decision making, democracy, good governance and citizen participation. • The above are aligned to Article 7 of CEDAW. Achievements In 2009 women made up 42% of Parlliament. In 2009 14 women were in the Cabinet as Ministers and 16 were Deputy Ministers while 5 were Premiers.

21. ARTICLE 13: PARTICIPATION • States parties shall adopt specific legislative measures and other strategies to enable women to have equal opportunities with men to participate in all electoral processes including the administration of elections and voting • States parties shall ensure the equal participation of women and men in decision making by putting in place policies, strategies and programmes for: • Building the capacity of women to participate effectively through leadership and gender sensitivity training and monitoring • Providing support structures for women in decision making positions • The establishment and strengthening of structures to enhance gender mainstreaming, and • Changing discriminatory attitudes and norms of decision making structures and procedures • States parties shall ensure the inclusion of men in all

22. ARTICLE 13: PARTICIPATION in all gender related activities, including gender training and community mobilisation. Achievements In the 2009 elections the representation of candidates in terms of Gender were : 3511 female , 5619 male out of a total of 9130. Women MPs increased from 27% in 1994 to 43% in 2009 In Local Govt elections during 1995 11% of women were represented at ward level which increased to 33% in 2011. Women voters across the provinces stand at approximately 53% while men stand at 47% out of a voters roll which is made up Of 57% women and 43 %. This means that more Women than men are voting.

23. REPRESENTATION / PARTICIPATION • Challenges • Although the trend was encouraging between 1994 to 2009 as illustrated in the CGE CEDAW report this reversed between 2009 and 2014.

24. ARTICLE 12: REPRESENTATIONARTICLE 13: PARTICIPATION • South Africa’s constitution makes provision for gender equality in all spheres of life, and in all sectors, including politics, business, private and civil society sectors • The country has also adopted a National Policy Framework on Gender Equality which stipulates a range of strategies, institutions and practices that should be put in place to promote gender equality in all spheres of public and private life • Women and men under the current democratic dispensation, have equality rights to participate in elections either as voters or as electoral candidates. • The country has also adopted a range of domestic policies and legislative instruments such as the BCEA, Affirmative Action legislation, Preferential Procurement Policies, DVA including signing up to numerous regional, continental and global instruments to promote equality between men and women. • In particular, the country has developed a draft piece of legislation (the Women Empowerment and Gender Equality (WEGE) Bill that seeks to legislate a provision for the 50/50 quota system in decision making position in the public and private sectors

25. ARTICLE 12: REPRESENTATIONARTICLE 13: PARTICIPATION • In the area of political representation, South Africa has also made significant progress in terms of the number of female public representatives in the National Parliament as well as provincial and local government level. • South Africa’s ruling ANC was the first political party in the SADC region to adopt and implement voluntarily the 50/50 representation quota for women and men’s in politics and governance. • As a result of these significant developments in terms of women’s representation in governance, South Africa is currently ranked fourth in the world and second in Africa, behind Rwanda.

26. ARTICLE 12: REPRESENTATIONARTICLE 13: PARTICIPATION • However during the past 10 years the number of women representatives in elected public institutions in South Africa has been declining • For instance the proportion of women’s representation in the National Parliament declined from 43% due to the 2009 elections to 40% after the recent 2014 elections. • Across the 9 provincial legislatures, women’s representation declined from 41% to 37% • Also, the number of female Provincial Premiers declined from 4 out of 9 after the 2009 elections, to 2 out of 9 female premiers after the 2014 elections. • At local government level, women constituted 38% of elected public representatives after the 2011 local government elections – a decline from 42% obtained in the 2006 local government elections. • At national cabinet level, women’s representation has also been declining steadily since 2004 (42%), to 2009 (41%) and to 2014 (40%) although the proportion of women Deputy Ministers has increased from 39% in 2009 to 47% in 2014 (See attached table).

27. ARTICLE 12: REPRESENTATIONARTICLE 13: PARTICIPATION

28. ARTICLE 12: REPRESENTATIONARTICLE 13: PARTICIPATION • In terms of representation and participation of women in top management positions , figures from the Commission on Employment Equity show that between 2003 and 2013, • Males continue to be over-represented in top management positions , with only a slight (6.6%) drop from 86.0% in 2003 to 79.4% in 2013. • Although their representation in top management positions increased by 6.6% from 14% in 2003 to 20.6% in 2013, women are still highly under-represented. • Similarly at Senior Management Level, males continue to dominate. Although their representation did drop by 7.6%, from 77.7% in 2003 to 70.1% in 2013. • Women’s representation in Senior Management Levels increased from 22.3% in 2003 to 29.9% in 2013 – a mere 7.6% increase over a period of 10 years • These figures show clearly that over a 10 year period, progress towards women’s representation and participation in Top and Senior Management positions in South Africa is painfully slow

29. Article 14 EDUCATION State parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education • Education is both a human right in itself and a means of realising other human rights. • Education exhibits the following interrelated and essential features • Availability (education and institutions and programmes have to be available) • Acceptability (substance of education including curricula, teaching methods have to be acceptable) • Adaptability (education has to be flexible and be able to adapt to the needs of changing societies) • Accessibility (education institutions and programmes have to be accessible to everyone)

30. B. Inequalities and inadequacies in unequal access to education and training • Education is a human right and an essential tool for achieving the goals of equality, development and peace Achievements • Access to education represents one of the successes of Africa, largely attributable to the institution of free and compulsory primary basic education by the South African government. • The South African government has attempted to eliminate barriers that hinder boys’ and girls’ access to education and has had high success rates towards parity, at the level of basic education. • There are programmes in place thatare aimed at empowering the girl child especially in the field of science, mathematics and engineering.

31. EDUCATION THE FOLLOWING FIGURES ILLUSTRATE THE RATIO OF MALE TO FEMALE STUDENTS AT INSTITUTIONS OF HIGHER LEARNING : Cape Peninsula F : 17 314 M : 15 192 UCT F : 13 127 M : 12 152 DUT F :12 333 M : 12 507 Univ of JHB F : 27 942 M : 22 586 UKZN F : 24 560 M : 17 202 UFS F : 18 870 M : 12 716

32. Inequalities and inadequacies in unequal access to education and training Challenges • It is observed that both males and females face obstacles in enrolment and retention. • The country reports indicate that gender disparities in enrolment and literacy are narrowing but more remains to be done to guarantee equality between the sexes in the sector. • Teenage pregnancy is a concern for the country • Despite more women pursuing higher degrees they are underrepresented in key disciplines such as engineering, science and technology.

33. Inequality between men and women in the sharing of power and decision making • Women's equal participation in decision-making is not only a demand for simple justice or democracy but can also be seen as a necessary condition for women's interests to be taken into account Achievements • Democratic and constitutional reforms have generated equal opportunities for women and men to participate at all levels of political process, including election to the highest office. • South Africa continues to have recorded increasing numbers of women elected to high political and administrative offices since 1994.

34. Inequality between men and women in the sharing of power and decision making Challenges • There are indications that fewer women than men are presented for electoral processes in situations where political parties do not have gender-sensitive policies, especially in nominating candidates for elections. • Political parties continue to operate gender-biased appointment policies and procedures which generally focus more on ethnic, geographical and political leanings rather than gender.

35. CEDAW • The Convention on the Elimination of all forms of Discrimination Against Women was adapted by the United Nations General Assembly in 1979. • South Africa ratified it in on the 15 December 1995, it was under Former President Nelson R. Mandela’s tenure that South Africa ratified CEDAW. • CEDAW is described as the Bill of Rights for women. It ensures equal access to and equal opportunities in both political and public life. • It also draws attention to economic, social and cultural dimension of discrimination against women. • CEDAW is based on three core interrelated principles: (a) Principle of substantive equality (b) Principle of non-discrimination (c) Principle of State Obligation

36. CEDAW CONT… • CEDAW 18 Articles • South Africa is a member of the international community and has ratified, signed and acceded to many treaties, including the Convention on the Elimination of all forms of Discrimination Against Women( CEDAW). This convention was ratified was ratified in 1996 without a single reservation. • South Africa also ratified the Optional protocol on CEDAW, which strengthened existing mechanisms and has committed itself to be bound by its provisions. • Article 2 of the convention defines discrimination and includes violence against women as a form of discrimination. • Article 16 of CEDAW requires states parties to take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations.

37. SUMMARY OF SOUTH AFRICA’S REPORTING HISTORY

38. GENERAL RECOMMENDATION 19: VIOLENCE AGAINST WOMEN States parties should take appropriate and effective measures to overcome all forms of gender-based violence, whether by public or private act • CEDAW General Recommendation 19 on Violence against Women views gender-based violence as a form of discrimination that constitutes a serious obstacle in the enjoyment of human rights and fundamental freedoms by women. • The CGE has embarked on an investigation to collect information from various government departments in KwaZulu-Natal (KZN) in an endeavour to ascertain the extent of interventions and policy responses implemented by the provincial government to eradicate the practice and address the violation of rights.

39. GENERAL RECOMMENDATION 19: VIOLENCE AGAINST WOMEN The CGE was: • concerned that the abduction of girls by men, as well as the associated instances of sexual assault, underage lobola and pregnancy, and resulting drop-out from schooling, constitute a direct violation of girls’ constitutional rights, with a devastating impact on their health, education and future prospects of development. • concerned that while such instances constitute outright criminal acts, in conflict with the South African Constitution, international obligations and domestic legislation, these are being condoned by some stakeholders within the traditional community as a quaint, cultural practice.

40. GENERAL RECOMMENDATION 19: VIOLENCE AGAINST WOMEN • The predominant cases • Ukuthwala • Witchcraft Incited Rapes and Murders • Femicide • Sexual Violence • Hate Crimes The CGE notes with concern: • That there were no recorded statistics made available from the DOJ & CD and SAPS on GBV broadly. • That GBV is not categorized as a criminal offence. • That there is no costed Action Plan to assist in the implementation of the DVA.

41. GENERAL RECOMMENDATION 19 ON VAW Recommendations • Give priority attention to the results of the report of the study, commissioned by the Government and conducted by the Centre for the Study of Violence and Reconciliation, which addresses the prevalence, nature and causes of sexual violence in South Africa (released in November 2010), in order to review the State party’s multi-sectoral action plan to combat violence against women, and expeditiously adopt comprehensive measures to better address such violence, in accordance with the Committee’s General recommendation No. 19; • Raise public awareness, through the media and education programmes, on the fact that all forms of violence against women are a form of discrimination under the Convention, and therefore a violation of women’s rights;

42. GENERAL RECOMMENDATION 19 ON VAW • Put in place mechanisms of accountability to ensure the implementation of the provisions contained within policies and legislation, such as the Domestic Violence Act and the Sexual Offences Act, to combat violence against women; • Ensure the necessary budgetary allocations for the implementation of the various projects and programmes, including social support services for victims; • Provide detailed information on the causes, scope and extent of all forms of violence against women, disaggregated by age, and urban and rural areas, and on the impact of measures taken to prevent such violence, in its next periodic report. Furthermore, the State should investigate occurrences, prosecute and punish perpetrators, and provide protection, relief and remedies, including appropriate compensation, to victims and their families.

43. Beijing Platform for Action • The accountability process of the Beijing Platform for Action (BPFA) developed and agreed upon in 1995 requires member States of the United Nations to meet on a five-yearly basis to review their implementation of the Platform for Action with a view to fine tuning, remapping progress and reactivating commitment, taking into account prevailing global and local conditions. • These reviews take place at both global and regional levels. • 1999/2000 (Beijing +5) • 2004/2005 (Beijing +10 • 2010 (Beijing+15) • The CGE sought qualitative and quantitative data from departments, on key elements of the achievements expected under each of the critical areas of concern.

44. 12 Critical Areas of Concern • Poverty • Education • Health • Violence Against Women • Women and Armed Conflict • Women and the Economy • Women in power and Decision Making • Institutional Mechanisms for the advancement of women • Human Rights of Women • Women and Media • Women and the Environment • The girl Child

45. Conti... • South Africa submitted the Beijing Country report to UNECA in June 2014, and in as much as the country complied the main issue of concern is that the report was not discussed with stakeholders including Parliament • The CGE also finalise the baseline report to be tabled in parliament. • The baseline report reflects the status quo in South Africa with regard to compliance on the implementation of the provisions of BPA. • The two reports reflect the strides that South Africa has made with regard to the implementation of BPA and some of the challenges that pose as hindrance on the transformation.

46. E: ARMED CONFLICTThe effects of armed or other kinds of conflict on women, including those living under foreign occupation • International humanitarian law, prohibiting attacks on civilian populations, is at times systematically ignored and human rights are often violated in connection with situations of armed conflict, affecting the civilian population, especially women, children, the elderly and the disabled. • Security Council Resolution 1325 indicates that the Security Council has recognized the relevance of women’s experiences of conflict to its peace and security mandate, and it engages the Security Council in advancing women’s rights in conflict resolution and peace processes. • South Africa does not have an implementation plan for the UN Resolution 1325

47. F. INEQUALITIY IN ECONOMIC STRUCTURES AND POLICIES, IN ALL FORMS OF PRODUCTIVE ACTIVITIES AND IN ACCESS TO RESOURCES Women are virtually absent from or are poorly represented in economic decision-making, including the formulation of financial, commercial and other economic policies and rules governing pay Achievements • 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. • There are laws and policies in place to guarantee equal access to employment opportunities and social protection benefits. 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 to land. • Wage discrimination against women persists, with major constraints to effective implementation identified as lack of financial and qualified human resources and the nonexistence of national classification systems of work categories.

48. G. INEQUALITY BETWEEN MEN AND WOMEN IN THE SHARING OF POWER AND DECISION MAKING AT ALL LEVELS • Women's equal participation in decision-making is not only a demand for simple justice or democracy but can also be seen as a necessary condition for women's interests to be taken into account Achievements • Democratic and constitutional reforms have generated equal opportunities for women and men to participate at all levels of political process, including election to the highest office. • South Africa continues to have recorded increasing numbers of women elected to high political and administrative offices since 1994. Challenges • There are indications that fewer women than men are presented for electoral processes in situations where political parties do not have gender-sensitive policies, especially in nominating candidates for elections. • Political parties continue to operate gender-biased appointment policies and procedures which generally focus more on ethnic, geographical and political leanings rather than gender.

49. H: Insufficient mechanisms at all levels to promote the advancement of women; • National machineries for the advancement of women are established to, inter alia, design, promote the implementation of, execute, monitor, evaluate, advocate and mobilize support for policies that promote the advancement of women Achievements • South Africa created an enabling environment and has established a Women’s Ministry to coordinate the gender machinery. • The presence of national and provincial machineries and gender focal points in almost all government departments is an indication of commitment to sector-based gender mainstreaming. Challenges • The “ineffectiveness” of the gender machinery in the country continues to pose a serious limitation and this is due to limitations in the human and financial resources needed to enable the implementation of its mandate. • Persons who are appointed as gender focal persons tend to play other routine functions and neglect their gender mainstreaming tasks which they consider as secondary.

50. CHALLENGES CONT.. • Other challenges associated with implementation of this indicator include the tendency to select personnel of lower ranks, the lack of or inadequate systems of accountability and reporting, a general lack of knowledge and understanding of gender mainstreaming in most departments and across all levels. • The gender machinery continues to generally lack clear focus and have broad mandates along with the low funding levels.