1. Commission for Gender Equality DDP 9 th Annual Local Government Conference: 20 Years of Local Democracy in SA Commissioner Janine Hicks 20 October 2014 Strengthening women’s participation in local governance

2. PRESENTATION OVERVIEW CGE mandate and vision Attaining gender parity at local government level: -Women’s political representation and 50/50 developments -CGE engagement with political parties -Addressing employment equity issues within municipalities -Addressing gender mainstreaming in local governance Gender equality challenges at the local level – opportunities for SALGA and CGE partnership

3. CGE MANDATE AND VISION Section 187 of Constitution requires the CGE to promote respect for, and the protection, development and attainment of gender equality CGE Act No. 39 of 1996 mandates the CGE to monitor and evaluate legislation, policies and practices of the state, statutory bodies, and the private sector, as well as indigenous, customary and religious laws and practices The CGE is empowered to research and make recommendations to Parliament; receive and investigate complaints of gender discrimination; and conduct public outreach and education on gender equality. The CGE has powers of subpoena and litigation to further its mandate. PEPUDA Act 4 of 2000 obliges the CGE to institute proceedings in equality courts in instances of discrimination on the basis of gender CGE vision is a society free from gender oppression and all forms of inequality.

4. ATTAINING GENDER PARITY AT LOCAL GOVERNMENT LEVEL: - WOMEN’S POLITICAL REPRESENTATION AND 50/50 Equality as Constitutional value and section 9 guarantee S9(2) permits “fair discrimination”, and envisages legislative and other measures designed to protect or advance persons/categories of persons disadvantaged by unfair discrimination, to promote the achievement of equality PEPUDA as a legislative tool demands implementation of 50/50 legislation – calls for positive action to eradicate social and economic inequalities. Places obligations on state and non-state actors to promote equality, through action plans, equality legislation, codes of practice, guidelines etc. Regulations may be developed to require corporations, clubs, associations etc to prepare equality plans or abide by codes of practice. Requires special measures to promote equality viz race, gender and disability 50/50 principle further supported in international conventions

5. LEGAL FRAMEWORK FOR 50/50: INTERNATIONAL LAW CEDAW: Envisages equal participation of women in public life. State bound to take steps to promote women’s participation in decision-making and leadership positions. Art 7 requires signatories to enact measures to promote political equality and eliminate discrimination against women in the political sphere. BPA: Quotas considered key remedy for electoral gender inequality, by empowering women in political systems. S190 calls on states to set targets to increase the number of women to achieve equal representation, if necessary positive action, and take measures in electoral systems that encourage political parties to integrate women in elective and non-elective public positions, in the same proportion and at the same levels as men. AU WOMEN’S PROTOCOL: Art 9 on Right to participation in political and decision-making processes, sets targets for achieving gender equality in the electoral process and to participate in politics without discrimination SADC GAD PROTOCOL: State parties shall endeavour that by 2015 50% of decision-making positions in public and private sectors are held by women, including the use of affirmative action measures viz Art 5

6. CGE PROPOSALS ON ELECTORAL REFORM Will require amendment of Electoral Act to establish quota system, and provide mechanisms for non-compliance by political parties CGE has made submission to IEC and Parliament viz Electoral Amendment Bill This should be followed by further amendments to the Local Government: Municipal Structures Act 1998, and the Local Government Municipal Electoral Act 2000, to embed the principal of 50/50 in our local government framework. The CGE will engage Parliament on this later. 50/50 representation for some leadership positions cannot be achieved through the suggested legislation – speaker, deputy speaker, chairpersons, deputy chairs, members of Cabinet – requires further deliberation Quota system will require training and skills development support for women in politics Requires political parties to put measures in place to address social barriers to women’s equal participation in political life – access to child care, maternity leave, campaign finances

7. CGE ENGAGEMENT WITH POLITICAL PARTIES Partner with NDI-SA, for research project on women’s political participation and representation, with ANC, COPE and UDM Beijing obligations on political parties – remove barriers and discrimination, develop initiatives that allow women to participate fully, and incorporate gender issues in political agenda Review party documents; interviews with key stakeholders and focus group discussions CGE research into party electoral lists and representation of women in leadership positions in Executive and Legislature Currently engaging with feedback on findings to parties directly Dialogue to be convened on challenges to women’s political participation and representation, and best practice findings.

8. WHAT CAN POLITICAL PARTIES DO TO PROMOTE GENDER TRANSFORMATION? Adopt a 50/50 quota system, undertake awareness measures at branch level, and support call for legislation on this Increase the number of women elected officials and ensure that they include women in meaningful leadership positions Integrate men into efforts to promote women’s political progress to increase gender sensitivity and support for women’s political leadership Create opportunities for income generation and political campaign financing for women – a key barrier to women’s political advancement Provide tools to manage personal and political roles and responsibilities – women’s disproportionate domestic responsibilities a further barrier to their political advancement Surface and address gender in party manifestos – outlining how party interventions promote gender equality, address gendered needs, and enhance the lives of women Cultivate and support women role models to challenge patriarchal perceptions of women’s leadership

9. ADDRESSING EE WITHIN MUNICIPALITIES CGE public hearing engagements with municipalities across the provinces indicates non-compliance with Employment Equity legislation Non-implementation of 50/50 representation of women in senior management positions, and with 2% representation of people with disabilities Inadequate policy and mechanisms to address sexual harassment in the workplace Inadequate policies and mechanisms to create enabling environment for women and people with disabilities CGE national report on findings and recommendations tabled in Parliament Issue of women’s appointment as Municipal Managers, Mayors, Speakers and other leadership positions needs to be championed by SALGA and Women’s Commission CGE and SALGA to take-up issue of employment equity and gender transformation within municipalities – accountability, best practice and support.

10. ADDRESSING GENDER MAINSTREAMING WITHIN MUNICIPALITIES Need to engender local development planning and service delivery SA Gender Policy Framework for local government – comprehensive institutional framework – councillors’ Gender Equality Committee to oversee gender mainstreaming; multi-party women’s caucus; gender focal points and forums Elaborate gender machinery and guidelines on mainstreaming gender in Integrated Development Plans – yet not implemented; also internal forums and processes only, not addressing ordinary women’s participation in municipal processes Development needs addressed in gender-blind manner; focus on women’s representation in political and administrative structures, rather than on informing and transforming work of municipalities Women’s participation has been largely tokenistic (assumption that women will take gender issues forward), marginal and absent in larger ‘flagship’ projects SALGA to champion implementation, with CGE support

11. ADDRESSING LOCAL GENDER EQUALITY CHALLENGES SALGA Women’s Commission to champion issues impacting on women’s quality of life, development and equality – through gender mainstreaming of party manifestos, municipal IDP and budget processes, municipal war rooms, ward committees.. Women’s access to water, sanitation and energy is a key gender issues, as women spend a disproportionate portion of their day addressing family needs in this regard, and are most vulnerable to associated health and safety consequences Women’s participation in local policy formulation and decision-making in development planning priorities and service delivery is critical to ensure these are responsive to their needs – review existing public participation mechanisms to ensure accessibility to ordinary women Women’s economic development interventions, to address gendered impact of poverty and ensure sustainable rural livelihoods GBV and harmful traditional practices – ukuthwala, early childhood marriages, family mediation of rape of young girls, widowhood rites – interventions to raise awareness, eradicate practices and provide support to women and girls

12. CONCLUSION – COLLABORATION OPPORTUNITIES SALGA to partner with CGE to take up proposed reform of Municipal Electoral Act and Structures Act to embed 50/50 Participate in forthcoming dialogue on strengthening women’s political participation and representation Challenge political parties to implement internal mechanisms to support women’s political participation and representation Partner with CGE in outreach and awareness on 50/50 to build support Engage with CGE on implementation of EE measures in the workplace Champion gender mainstreaming of municipal planning and budgeting – partner with CGE in taking this forward Partner with CGE in local campaigns to eradicate GBV and harmful traditional practices