SUBMISSION TO PORTFOLIO COMMITTEE ON WOMEN, YOUTH, CHILDREN AND PEOPLE WITH DISABILITIES

1. SUBMISSION TO PORTFOLIO COMMITTEE ON WOMEN, YOUTH, CHILDREN AND PEOPLE WITH DISABILITIES 12 August 2009

2. RELATIONS WITH GENDER STRUCTURES • IMPORTANCE OF THE JMC – RESEARCH SHOWED IT WAS A PIVOTAL STRUCTURE IN: • MONITORING AND OVERSIGHT OF LEGISLATION IF MEMBERS ARE VIGILANT • FAST TRACKING LEGISLATION • WORKSHOPS WITH RURAL WOMEN • WOMEN’S BUDGETING

3. CLARIFY RELATIONS WITH MINISTERY OF WOMEN’S AFFAIRS • COMMISSION ON GENDER EQUALITY • GENDER FOCAL POINTS • ARE THERE ANY OVERLAPPING MANDATES? • HOW TO BUILD INCLUSIVE RELATIONSHIPS

4. ISSUES TO BE CHANGED THROUGH LEGISLATION • REVISION OF THE COMMUNAL LAND RIGHTS BILL • TOO MUCH POWER TO TRADITIONAL LEADERS • DIMINSHES WOMEN’S ACCESS TO LAND AND SECURITY OF TENURE • WOMEN CAN BE EVICTED FROM LAND WHEN HUSBANDS DIE OR THEY DIVORCE

5. LAW OF SUCCESSION • UNDER CUSTOMARY LAW WOMEN CANNOT INHERIT – LEAVES THEM DESTITUTE WHEN HUSBANDS DIE • THE BHE CASE REPLACED THE CUSTOMARY LAW OF SUCCESSION WITH COMMON LAW OF SUCCESSION • LEGISLATION MUST STILL BE PASSED

6. RECOGNITION OF MUSLIM MARRIAGES UNDER MUSLIM PERSONAL LAW • DRAFT BILL HAS BEEN PRODUCED • LAW REFORM STALLED BECAUSE OF COMPLEXITY OF ISSUES • MUSLIM WOMEN ALSO LEFT DESTITUTE WHEN MARRIAGES ARE DISSOLVED

7. SEX WORK • LEGALISATION OF SEX WORK • CRIMINALIZATION OF SEX WORK THE CURRENT SITUATION • NEEDS ATTENTION ESPECIALLY WITHIN THE CONTEXT OF 2010 WORLD SOCCER CUP

8. ISSUES OF IMPLEMENTATION • VIOLENCE AGAINST WOMEN – PROBLEMS WITH POLICING AROUND COURT ORDERS • POLICE NEEDS TO ASK PERMISSION TO ENTER A HOME WHERE VIOLENCE IS IN PROGRESS • THIS NEEDS TO CHANGE • NEED TO REVISIT THE ISSUES OF SEXUAL OFFENCES COURTS • CHILD PROTECTION UNIT (WHY WERE THEY CLOSES?)

9. ISSUES OF SOCIO-ECONOMIC RIGHTS • RURAL POVERTY – WOMEN BEAR THE BRUNT • CREATION OF APPROPRIATE TECHNOLOGY • APPROPRIATE TRANSPORT • CREATION ALLIANCES WITH DEPARTMENT OF RURAL DEVELOPMENT AND LAND REFORM (WOMEN SHOULD NOT BE AN ADD-ON)

10. CREATION OF A BETTER SOCIAL WELFARE SYSTEM – GRANTS ARE A SHORT TERM SOLUTION • NO GRANTS FOR ABLE BODIED WOMEN WITHOUT CHILDREN • HAVE WORKSHOPS WITH WOMEN TO FIND OUT WHAT RURAL WOMEN WANT (CREATE ALLIANCES WITH THE RURAL WOMEN’S NETWORK)

11. HIV/AIDS • MORE WOMEN ARE INFECTED WITH HIV VIRUS AND MORE DIE OF AIDS • CONTEXT OF STIGMA • CAREFUL THAT CERTAIN PROPOSED LEGISLATION DOES NOT DISCRIMINATE AGAINST WOMEN BY INCREASING NOTIONS OF STIGMA • GREATER ACCESS TO BIRTH CONTROL AND BARRIER METHODS FOR WOMEN • PENALTIES FOR PRACTITIONERS WHO MISTREAT WOMEN WHO WANT ABORTIONS

12. TREATMENT OF CARE PROVIDERS FOR PEOPLE SUFFERING FROM AIDS • CARE WORK IS VIEWED AS VOLUNTARY • TIME IS FLEXIBLE • MOSTLY DONE BY WOMEN IN APPALING CONDITIONS • MANY CARE WORKERS NOT PAID

13. CONTEXT OF DISCOURSE AROUND WOMEN • DISCOURSE ABOUT WOMEN’S SEXUALITY BY ANC YOUTH LEAGUE VERY PROBLEMATIC • DISCOURSE CANNOT BE LEGISLATED BUT CONSCIOUSNESS RAISING IS IMPORTANT • WORKSHOPS TO RAISE CONSCIOUSNESS IN GOVERNMENT

14. IMPORTANT SOURCE • CHRISTINA MURRAY AND MICHELLE O’SULLIVAN “ADVANCING WOMEN’S RIGHTS” JUTA 2005