Addressing Ukuthwala: Combating Gender-Based Violence in Eastern Cape

1. PRESENTATION TO THE PORTFOLIO COMMITTEE ON THE ROLE OF DEPARTMENT OF SOCIAL DEVELOPMENT ON “UKUTHWALA”Presented by: M. Ngcobo – Mbere Director Child Protection on 15 September, 2009

2. BACKGROUND Child abduction and forced marriages constitute gender based violence. In Eastern Cape the practice of child abduction and forced marriage is commonly referred to as “Ukuthwala”. The custom originated from the Xhosa culture where families make marriage arrangements for their girl children without the girl’s consent. 2

3. BACKGROUND (Cont…) • The Mpondo clan has adopted “Ukuthwala” practice from other Xhosa clans such as the “Mfengus.” • Early and forced marriages revealed that girls between the ages of 12 to 15 years are the most affected. • These girls are abducted and forced to marry adult males. • The practice directly and indirectly impact negatively on the development of the girl child resulting to social isolation, denial of the right to education, poor life skills, psycho social harm, early pregnancy and childbirth and risk of exposure to HIV&AIDS. • This constitutes gender based violence.

4. GEOGRAPHIC AREA WITH THE PROBLEM. • Eastern Cape Province in the OR Tambo District Municipality specifically: • Mkamela Administrative Area in Lusikisiki • Flagstaff • Bizana

5. CURRENT SITUATION The provincial department of Socila Development made it’s own investigation in partnership with other partner departments i.e. SAPS, civil society organizations and community leaders; Practice was found to be rife at Mkamela Administrative Area in Lusikisiki An integrated awareness campaign was done led by DSD and SAPS precede by a door to door campaign on the legislation protecting women and children. Campaign emphasized that that failure to adhere to the law will result to law enforcement. Subsequently, awareness events followed such as the International Day for Families in May 2009 – Theme “Families and Women- Challenges to the changing World” ; Candle Light Memorial in May – Theme “Together we are the Solution”; 5

6. CURRENT SITUATION (Cont…) O.R. Tambo District Municipality identified an unused facility at Palmerton owned by the Methodist Church to accommodate young girls and women who ran away from forced marriages in need of shelter; Site visits and assessment of the Palmerton Centre was done; Report was presented to the Municipality and top management of the province; The Centre has been assessed for registration as a Place of Care in line with the Children’s Act; Intersectoral District Committee meetings are taking place; Individual assessments of each child have been conducted for proper placement; A dedicated social worker has been allocated to run the Centre; Community outreach programmes are implemented; 6

7. CURRENT SITUATION (Cont…) RESOLUTIONS Young “Makotis that were taken against their will and wish to return home should be allowed to do so and the “Lobola” to be returned; It has been agreed that there should be no more “Ukuthwala” in that area, failure to comply will result to law enforcement; The District Municipality to continue with assessment of children; Children to be seperated from adults with adults being place at Umthatha One Stop Centre for victims of violence; Business Plan developed for funding by the department; Consideration of funding to be based on compliance with specific decisions to inform the Service Level Agreement (SLA), the Memorandum of Understanding (MOU) and availability of funds; 7

8. International Framework • The United Nations Convention on the Rights of the Child , the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, the UN Convention on Transnational Organised Crime, the Palermo Protocol(1995) • The United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (2000)

9. International Framework (Cont…) • International Labour Organisation's Convention Concerning the Prohibition and Immediate Action for the Worst Forms of Child Labour No. 182 (1999) • The Hague Convention of the Civil Aspects of International Child Abduction, 1996 (Act 72 of 1996) • African Charter on the Rights and Welfare of the Child (1990) • The United Nations Convention on the Rights of the Child (1979) (UNCRC)

10. LEGISLATIVE FRAMEWORK • Section 28(1) and Section 28(2) of the South African Constitution. • Section 7(2) of the Constitution requires the state “to protect, respect, promote and fulfil the rights in the Bill of Rights”.

11. Legislative Framework (Cont…) The Domestic Violence Act 116 of 1998. The Criminal Law( Sexual Offences and Related Matters) Amendment Act, No 32 of 2007 The Criminal Law Amendment Act 105 of 1997. The South African Schools Act 84 of 1996. Recognition of Customary Marriages Act 120 of 1998. The Legal Aid Act 22 of 1996. 11

12. Legislative Framework (Cont…) • Social Assistance Act 13 of 2004. • Disability Rights Charter of South Africa. • Prevention of Organized Crime Act 121 of 1998. • The Films and Publication Act, (No. 65 of 1996),as Amended. • The Promotion of Equality and Prevention of unfair Discrimination Act 4 of 2000.

13. The Children’s Act, No 38 of 2005 provides for the following: Section 12(1): states that a child has a right not to be subjected to social, cultural and religious practices which are detrimental to his or her well being; Section 12 (2) (a) A child - below minimum age set by law for a valid marriage may not be given out in marriage or engagement; and Section 12 (2) (b) A child - above the minimum age may not be given out in marriage or engagement without his or her consent. Legislative Framework (Cont…)

14. Legislative Framework (Cont…) • Section 18(1),(2) and (3), focuses on parental responsibilities and rights in respect of a child stating that a parent or a person who acts as a guardian of a child must give or refuse consent required by law in respect of a child including consent to a child’s marriage. • Chapter 7 focuses on the Protection of Children – the National Child Protection Register. • Chapter 9 focuses on the Child in need of care and Protection with Section 150 (1) (e) specifically speaks to a child who has been exploited or lives in circumstances that expose the child to exploitation. • Chapter 17 focuses on child abduction giving effect to Hague Convention on International Abduction.

15. DSD’s Roles and Responsibilities Policy Framework and Strategic Plan for the Prevention & Management of Child Abuse, Neglect Exploitation with 6 pillars which are:- Intersectoral collaboration for an effective service delivery system.- Institutional arrangements.- Capacity building and training. - Advocacy- Research. - Monitoring and evaluation

16. Elements of the Policy Framework • Principles underpinning the Policy Framework are the following; • Rights of children as set out in the Constitution, the UN Convention and the African Charter to be upheld at all times; • Child protection to be child centred and recognize children as individuals and members of families and communities; • All decisions and actions concerning the child to be in his or her best interest;

17. Elements of the Policy Framework (Cont…) • Provision of opportunity for children to be heard in matters affecting them; • Programmes to be responsive to the diversity of children’s cultural backgrounds and circumstances in which they find themselves. • All role players to be accountable for their actionsprotection, safety and well being of children to take precedence in all matters affecting them; • Services to children to be aligned with Batho Pele and Ubuntu principles;

18. Partnerships • Primary partners are: National Depts of Justice including the NPA, Education, Health, Labour, SAPS, Correctional Services, Home Affairs, Ministry of Women, Children, Youth and Persons with Disabilities, Public Works, Local Government and Cooperation, House of Traditional Leaders and Cooperative Governance, Transport and Housing;

19. PRIMARY PARTNERS (Cont…) • Provincial Department of Social Development; • Local Government; • Faith Based Organizations; • National NGOs and CBOs; • Community Leaders i.e. Chiefs, Mayors, Ward Counselors etc.

20. Child Protection Organisations - NGOs (Cont…) Services rendered on the four levels of intervention: • Prevention • Early Intervention. • Statutory Intervention. • Re-intergration.

21. Child Protection Organizations (Cont…) Based on the four levels of intervention DSD will provide the following services: • Awareness raising programmes on the care and protection of children. • Child Protection Week Programme on the last week of May every year at national and in provinces, focusing on the care and protection of children from abuse, neglect and exploitation.

22. Child Protection Organizations (Cont…) • The rights of the child and the best interest of the child. • Poverty Alleviation Programmes. • Assistance with accessing state grants. • Child participation. • Strengthen families and communities to provide the necessary care and protection to children. • Engage with relevant stakeholders in the door to door campaigns. • Develop the child exploitation strategy, with specific focus on child labour, child trafficking, commercial sexual exploitation of children and “Ukuthwala.”

23. Child Protection Organizations (Cont…) • Counseling and support services to children. • Victim Empowerment Services. • Provision of services with relevant stakeholders in terms of care and protection of children e.g. birth and death registration, school admission basic services and life skills programmes. • Research i.e. the 5 year Surveillance Study on child abuse, neglect and exploitation. • Monitoring and evaluation.

24. PREVENTION AND EARLY INTERVENTION PROGRAMMES • Prevention programmes are provided to families with children in order to strengthen and build their capacity and self-reliance to address problems that may or are bound to occur in the family environment which, if not attended to, may lead to statutory intervention.

25. EARLY INTERVENTION PROGRAMMES Early intervention programmes are provided to families where there are children identified as being vulnerable or at risk of harm or removal into alternative care.

26. PURPOSE OF PREVENTION AND EARLY INTERVENTION PROGRAMMES (Cont…) Section 144 of the Childrens Act states that Prevention and early intervention programmes must focus on— • preserving a child's family structure; • developing appropriate parenting skills, including the promotion of positive, non violent forms of discipline; • providing psychological, rehabilitation and therapeutic programmes for children;

27. PURPOSE OF PREVENTION AND EARLY INTERVENTION PROGRAMMES (Cont….) • preventing the neglect, exploitation, abuse or inadequate supervision of children; • preventing the recurrence of problems in the family environment that may harm children or adversely affect their development; • diverting children away from the child and youth care system and the criminal justice system; • avoiding the removal of a child from the family environment.

28. PURPOSE OF PREVENTION AND EARLY INTERVENTION PROGRAMMES (Cont….) Prevention and early intervention programmes may include — • assisting or empowering families to obtain the basic necessities of life; • providing families with information to enable them to access services; • supporting and assisting families with a chronically ill or terminally ill family member; • Early Childhood Development programmes (ECD); • promoting the well-being of children and the realization of their full potential.

29. 7.PURPOSE OF PREVENTION AND EARLY INTERVENTION PROGAMMES (Cont….) • Prevention and early intervention programmes must involve and promote the participation of families, parents, care-givers and children in identifying and seeking solutions to their problems.

30. CONCLUSION • Need for an environment that enables and supports change; • Advocacy and awareness raising; • Commitment by government to work collaboratively at all spheres, with civil society involvement and support of the media sending out appropriate messages regarding the rights of children; • Have education on relationships, sexuality and reproductive health coupled with services;