1. BRIEFING ON PROGRAMMES AIMED AT ASSISTING LESBIANS, GAYS, BISEXUAL, TRANSGENDER & INTERSEX TO THE SELECT COMMITTEE ON WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES JUSTICE AND CONSTITUTIONAL DEVELOPMENT 11 SEPTEMBER 2013

2. Presentation Overview Purpose of Presentation: To brief the Select Committee on the work undertaken by the Department in collaboration with stakeholders regarding Gender-based and Sexual Orientation Violence against LGBTI persons.

3. Structure of the Presentation  Brief Background on the Establishment of the National Task Team by the Minister of Justice & Constitutional Development in 2011  Briefing on Meetings of the National Task Team on LGBTI issues, dates of meetings, attendance and resolutions adopted.  Development and Overview of draft strategic workplan for the National Task Team for the period up 1 April 2014.  Other Strategies (a)developed and (b) implemented by the National Task Team.  Draft Policy Framework/Legislation on Hate Crimes (a) status of the Bill, (b) date for tabling the Bill, (c) Overview on category of crimes and sentencing.  Baseline Research - Situational Analysis  Any other interventions by the Department to improve justice for victims of hate crimes.

4. BACKGROUND ON THE ESTABLISHMENT OF THE NTT In March 2011, the media began to report increasingly on incidences of sexual violence perpetrated mostly against black lesbians. Socially, this crime is termed, ‘Corrective Rape’, and it can be informally defined as sexual offence that is unlawfully committed by heterosexual men against lesbian women with the intent to ‘correct’ the sexual orientation of lesbians. Sometimes referred to as ‘Curative Rape’, because it is motivated by the believe that lesbian women ‘pretend’ to be ‘men’, and by dating women, they are ‘stealing’ women who are naturally available to heterosexual men; hence the need to ‘cure’ them of their unnatural sexual orientation.

5. BACKGROUND ON THE ESTABLISHMENT OF THE NTT Minister was petitioned by Luleki Sizwe, which is a local NGO based in a township in Cape Town. In response, the Minister mandated the establishment of a National Task Team to explore ways of intervention, and develop a National Intervention Strategy to combat violent crimes perpetrated against the LGBTI persons. During March 2011, the Department began engagements with Luleki Sizwe and other leading NGO’s in the LGBTI sector.

6. Promotion and Protection of Human Rights including LGBTI Rights South Africa was the first state worldwide that placed sexual orientation under the protection of constitutional law. Section 9 of our Constitution guarantees every citizen of South Africa a right to equal protection and benefit of the law, and expressly prohibits all forms of discrimination on the ground of sexual orientation. The legislative framework of South Africa has progressively demonstrated the dedicated commitment of government to the constitutional protection guaranteed to the same-sex persons. In 1998, South Africa took a stance and legislated against discrimination on sexual orientation in a work environment. In 1999, the same-sex couples began to receive a legislative recognition as de facto couples. The Domestic Violence Act 116 of 1998 promulgated in 1998 endorses the right to legal protection of the same sex persons by classifying the same sex relationship as a ‘domestic relationship’.

7. Promotion and Protection of Human Rights including LGBTI Rights In the year 2000, South Africa legislated against discrimination in the provision of goods and services, and this liberated gay men against social perceptions that restricted them from working in environments that exposed them to children. In 2000 PEPUDA was promulgated giving effect section 9 of the Constitution. In 2002, another progressive step was taken by the South African government when both joint and step adoption by same-sex couples legislation was adopted. In 2006, South Africa became the fifth country internationally and first nation on the African continent to grant official recognition to same-sex marriages. In 2008, gay men and lesbians began to serve openly in the military to stamp the historical discrimination on sexual orientation that existed in this work environment. South Africa is a party to a number of international human rights instruments

8. Meetings of the National Task Team REGISTER & MINUTES FOR NTT MEETINGS ATTACHED 14 March 2011 – took place in the DOJCD Cape Town 15 June 2011 – took place in the DOJCD, in Cape Town 14 July 2011 – took place at the Grand Hotel, in Johannesburg 10 August 2011 – took place at the DOJCD 9 September 2011 – took place at the DOJCD 15 November 2011 – took place at the DOJCD 2 December 2011 – took place at the DOJCD 13 April 2012 – took place at the DOJCD 7 June 2012 – took place at the DOJCD

9. REVIVAL OF THE NATIONAL TASK TEAM In March 2012, the National Task Team established a Working Group of the National Task Team mandated to review the terms of reference and operations of the National Task Team with a view to making recommendations on its effectiveness. The Working Group comprises the Departments of Justice and Constitutional Development, South African Police Services, Social Development, Correctional Services, National Prosecuting Authority, South African, South African Human Rights Commission, Commission for Gender Equality, and nominated members of civil society organisations of the National Task Team (NTT). The Working Group has already met on four occasions, 11-12 June 2013, 26 June 2013, 2 August 2013 and 9 September 2013.

10. WORKING GROUP OF THE NATIONAL TASK TEAM The following issues were addressed: Revised the terms of reference for the NTT in an effort to address its operations and composition Developed a strategic work plan for 2013/14 on the following strategic areas: public education and communication, development of training materials, civil society alliance building and case flow management regarding long outstanding and pending LGBTI cases relating to gender and sexual orientation-based violence in the criminal justice system. A national intervention strategy on Gender and Sexual Orientation- based Violence Perpetrated against LGBTI Persons is in its final stages of development.

11. OVERVIEW OF ACTIVITIES PLANNED KEY ACTIVITIESINTENDED OUTCOMES TIME FRAMESBUDGET 1.STRENGTHENING CSO’s PARTICIPATION IN THE LGBTI GROUP Environmental Scan – a desktop review identifying relevant parallel structures that the NTT can co ordinate or align its activities with. This is so that they can facilitate CSO alliance building The NTT is aware of parallel activities and structures that can facilitate CSO alliance building End September 2013 R30 000

12. OVERVIEW OF ACTIVITIES PLANNED KEY ACTIVITIESINTENDED OUTCOMES TIME FRAMESBUDGET 1.STRENGTHENING CSO’s PARTICIPATION IN THE LGBTI GROUP National Imbizo – a national civil society imbizo with representatives from LGBTI CBO’s per province. This is for a co ordinated CSO response to gender & sexual orientation based violence against LGBTI in its engagement with NTT. An expanded list of CSO participating in the NTT September 2013R 250 000

13. OVERVIEW OF ACTIVITIES PLANNED KEY ACTIVITIESINTENDED OUTCOMES TIME FRAMESBUDGET 1.STRENGTHENING CSO’s PARTICIPATION IN THE LGBTI GROUP Regional WorkshopsA series of facilitated workshops -addressing the respective themes identified in the CSO agenda for change, encouraging a process of deeper reflection on the purpose and impact of a coordinated CSO response in relation to the mandate of the NTT, and addressing issues of accountability to the sector September-Feb 13/14R150 000

14. OVERVIEW OF ACTIVITIES PLANNED KEY ACTIVITIESINTENDED OUTCOMES TIME FRAMESBUDGET 1.STRENGTHENING CSO’s PARTICIPATION IN THE LGBTI GROUP Regional WorkshopsA series of facilitated workshops -addressing the respective themes identified in the CSO agenda for change, encouraging a process of deeper reflection on the purpose and impact of a coordinated CSO response in relation to the mandate of the NTT, and addressing issues of accountability to the sector September-Feb 13/14R150 000

15. OVERVIEW OF ACTIVITIES PLANNED KEY ACTIVITIESINTENDED OUTCOMES TIME FRAMESBUDGET 2. DEVELOPMENT OF TRAINING MATERIALS Establish baseline data on available training materials (national and international) An audit of all existing materials nationally and internationally to avoid duplication of resources Mid October 2013R40 000 Development of Training Materials Training for Service Providers in the JCPS Cluster aimed at dealing with hate crimes Sept-Dec 2013R 350 000 Pilot Training ProgrammeDevelopment of Training Manual that has been field tested Final Implementation Training Manual and Trainers’ Manual for roll- out national training program March 2014R 150 000

16. OVERVIEW OF ACTIVITIES PLANNED KEY ACTIVITIESINTENDED OUTCOMES TIME FRAMESBUDGET 3. MONITORING OF LGBTI CASES IN CJS Establishment of multi- sectoral rapid response team Decrease in the number of cases in the criminal justice system Mechanism in place to deal with crimes as they are reported immediateBaseline budget of Departments Development of a case tracking system Increased reliability in recording and reporting of cases OngoingBudget to be estimated External Stakeholder Communication Strategy Increased Communication processes that are effective and clear End of July 2013R 3mil

17. Communication Strategy A draft communication strategy has been developed together with the Government Communications and Information systems to support the intervention strategy The Campaign will be structured around the theme: LGBTI rights are human rights The central messages of the campaign on LGBTI rights have been structured in a manner that –encourages tolerance, –highlight the constitutional right to equality and sexual orientation, –and demonstrate the commitment of the criminal justice system to deal with hate crimes

18. Communication Strategy The strategy is anchored around the following pillars: –Stakeholder engagement i.e. house of traditional leadership, churches, civil society, academics –Outreach programme i.e. public participation programmes, exhibitions, taxi rank activation, community sessions –Media engagement i.e. media briefing, interviews on radio, statements and updates on social networks –Marketing i.e. Television and radio advertisement –Internal communications i.e articles on newsletters, information sessions,

19. Other Strategies (a)developed and (b) implemented by the National Task Team The Working Group established a Rapid Response Team consisting of Departments of Justice and Constitutional Development, South African Police Services, Correctional Services, Social Development, National Prosecuting Authority, South African Human Rights Commission, Commission for Gender Equality and civil society organisations. In this regard a meeting was held on 31 July 2013 by the above-mentioned inter-sectoral team and attended by the Deputy Minister of Justice and Constitutional Development, Mr J Jeffery, MP. The team has identified pending cases relating to gender and sexual orientation-based crimes in the criminal justice system. The National Prosecuting Authority and South African Police Service are in the process of tracking the status of the pending cases and providing progress to the Task Team. Feedback has already been received from the NPA and SAPS will provide feedback by 23 September 2013.

20. Draft Legislation and Policy Framework on Hate Crimes Status of the Bill: The Dept is developing a draft Bill based on the draft policy framework. The draft Bill will be developed simultaneously with the finalisation of the policy framework. The draft Policy Framework on Hate Crimes recommends treatment of hate crimes as a distinct category of crime. When will it be tabled: 2014 Status of the Policy: Was presented to DG JCPS Cluster, further research was conducted based on input received in the Cluster. The Minister has announced that the Policy is to be submitted to Cabinet soon for approval to commence with public participation process. The Department is planning to hold dialogues in collaboration with the Community Outreach Unit in GCIS in all provinces once Cabinet approval is obtained.

21. BASELINE RESEARCH – SITUATIONAL ANALYSIS The Department has also conducted a situational analysis on (i) the perceptions of the court officials on LGBTI persons; (ii) identification and registration of cases involving LGBTI witnesses; (iii) the statistical account of these cases; (iv) issues relating to secondary victimization; (v) the causes of delays in the finalization of these cases; etc. This research study was finalized in September 2012. This study will inform the development of the National Intervention Strategy which is already underway so as to ensure that there is a strategy that is responsive to the existing challenges regarding the gender and sexual orientation-based violence being committed against LGBTI persons.

22. Other Interventions by the Department to Improve Justice for Victims of corrective rape and other hate crimes Development of the National Action Plan to Combat Racism, Racial Discrimination, Xenophobia, and Related Intolerance (NAP). The Department has finalised the NAP and will be submitted to Cabinet shortly requesting approval to commence with public consultation. Access to Justice and Promotion of Constitutional Rights Programme funded by the European Union and implemented by the Foundation for Human Rights (2009 2014), core areas of focus under this programme relate to advocacy programmes, research and support to advice centres based in communities. The Director-General as Chair of the JCPS Cluster has requested that a process be put in place to determine if the Provincial Development Committees are dealing with LGBTI cases and to further prioritise these matters. The Department will be convening the next NTT workshop on 18-19 September 2013, we are looking forward to concretising our recent efforts with civil society.

23. THANK YOU