Prepared for the Office on the Status of Women by

South Africa’s Second CEDAW Report Consultation on Penultimate Draft-NOT FOR CIRCULATION.
Prepared for the Office on the Status of Women by Professor Zuby Saloojee For the JMC May 16th 2008

Objectives and Process
Provide a realistic appraisal of legislative, judicial, administrative measures, implementation & challenges for Literature review and consolidated inputs from Departments, NGM and NGO’s Report follows CEDAW Framework and Guidelines Engage in consultations on Draft Report Consolidate Draft for Cabinet Submission by mid May Present to CEDAW Committee June

TOR for Consultations provide representative inputs into CEDAW Report
engage in a consultation meeting determine nature of subsequent contact ensure your mandate is addressed in CEDAW articles cross reference to Beijing platform/other where critical Provide input into CEDAW Report framework/recommendation identify other stakeholders for input into the report ensure that the report assesses the status of women & implementation in relation to the CEDAW articles best practice, landmark cases, case stories & challenges promote awareness of CEDAW obligations & HR commitments

Consultations for CEDAW Report
National Departments - March 18th CGE, VAW Conference - March 19th DPLG, SALGA & Traditional Leaders – April 2 NGM - March 28th CGE – April 16 Consultations on Draft Report- May 7th JMC – May 16th

Overview……………………………………………………………………………………………….13
CEDAW REPORT FRAMEWORK Contents……………………………………………………………………………..1 Acronyms……………………………………………………………………………2 Executive Summary .………………………………………………………………3 Introduction.…………………………………………………………………………9 Overview.…………………………………………………………………………….13 Part I…….………………………………………….………………………………...15 Article 1: Definition of Discrimination…………………………………………….. Article 2: Obligations to Eliminate Discrimination………………………………… Article 3: Development and Advancement of Women …………………………… Article 4: Acceleration of Equality between Women and Men………………….. Article 5: Sex Roles and Stereotyping………………………….…………………… Article 6: Suppressing of Trafficking and Exploitation of Women……………….. Part II…….…………………………………………………………………………….82 Article 7: Political and Public Life…………………………………………………. Article 8: International Representation and Participation………………………. Article 9: Nationality………………………………………………………………… Part III…….……………………………………………………………………………93 Article 10: Education………………………………………………………………… Article 11: Employment…………………………………………………………….. Article 12: Equality in Access to Health Care…………………………………….. Article 13: Economic and Social Life……………………………………………… Article 14: Rural Women…………………………………………………………… Part IV…………………………………………………………………………………150 Article 15: Equality before the Law and Civil Matters…………………………… Article 16: Equality in Marriage and Family Life…………………………………. Part V………………………………………………………………………………….158 CEDAW Recommendations 12&19: Violence Against Women Concluding Comments and Recommendations..……………………………..180 Annexures..…………………………………………………………………………...183 Overview……………………………………………………………………………………………….13

Article 1: Definition of Discrimination
The Constitution (1996)seeks to “…..establish a society based on democratic values, social justice and fundamental human rights” with commitment to achieving equality between men and women and people of all races. The Equality Act defines discrimination as: “any act or omission, including a policy, law, rule, practice, condition or situation which directly or indirectly: (a) imposes burdens, obligations or disadvantage on; (b) withholds benefits, opportunities or advantages from any person on one or more of the prohibited grounds”: race, sex, pregnancy, marital status, ethnic or social origin, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth; etc

The Promotion of Equality and Prevention of Unfair Discrimination Act, (the Equality Act)
Agreement that the Constitution and Equality Act provide the protection & advancement of the rights of women & the girl-child & case examples provided. Recognises & protects equality between women and men re conflicting claims eg. customary and religious laws. Key court decisions advanced women’s rights and freedoms, eg. customary and inheritance laws, violence against women, protection of motherhood, measures aimed at accelerating women’s access to land, basic services, resources and economic opportunities.

Equality Act and Role of SAHRC and CGE
institute legal proceedings in the Equality Court in own or public interest or on behalf of a person not acting in their name request State or any person to provide information on measures taken relating to the achievement of equality monitor and assess unfair discrimination on race, gender, disability & its effect; and how best to address the problem. Conduct investigations, research, and participate with other stakeholder to address equality issues

Article 1 address some of the following:
Instruments SA signatory to like BPA, SADC Prevention & Elimination of VAW; Update on Legislative changes since 1998; priority to sexual offenses & domestic violence, victim empowerment & best practices VAW- changed definition of rape, sexual offences act, (SOA) submissions by civil society working group re amendments needed to the SOA and Children’s Act-vibrant role of civil society in making legislation relevant Landmark cases that inform revisions to discrimination Masiya case makes clear rape in all forms is VAW & ‘male rape’; S v Baloyi DVA upheld & abusive husband not granted immunity;

Article 2: Obligations to Eliminate Discrimination
Mainstreaming Principle of Equality & Eliminating Discrimination: Local Govt Municipal Systems Act: mechanisms in system & to address economic upliftment : DPLG-gender links training on gender to 46 municipalities; Women in local Govt Summit;Traditional Leaders Governance requirements e.g. representation & succession; Women & employment & different legislation e.g. for domestic workers, income differentials,EEA; to address inequality -Blacks & disability; Other laws & measures: Preferential Procurement, Skills Development, Basic Conditions of Employment, Labour Relations, White Paper on Affirmative Action, BBBEE, UIC, pregnancy discrimination; Minerals & Petroleum: women owning mines; National Gender Responsive Budgeting Landmark Court case Bhe & Others, African primogeniture re estate succession of oldest male descendant overturned as discriminatory to the women as successors. VAW: periodic imprisonment and maintenance payment for defrauding husband

Article 2: Discrimination-Public Authorities & Enforcement
SAHRC & CGE; Public Prosecutor & Pan S African Languages Board- Monitoring, enforcement & training role & assisting litigants Role of Ordinary courts, Equality Court & Alternative Forums to enforce anti-discrimination & dispute resolution; Labour Courts, Land Court, Electoral Court, Independent Broadcasting, Litigation success for Ms Zandele Mapanza,KZN & CGE in the Equality Court: assault and damage to property as a result of her non compliance to a stipulation that women are not allowed to wear trousers in T-section of the hostel. The CGE and Ms Mapanza sought an order restraining unfair discriminatory practices against women in T-section and sought to eradicate a ban on women wearing trousers and harassment of women who did wear trousers.

Fundamental questions on rights & accessibility of justice for women…
Especially for large numbers women & rural- unaware of their rights who experince violence daily S.A to learn from where Austrian government’s failure to exercise due diligence for the protection of 2 women citizens against domestic violence that lead to death.Sahide Goekee v Austria (5/2005) & Fatma Yilirim v Austria (6/2005) Austria in violation of the right to life and physical and mental integrity, under Article 2 a, c through f & Article 3 in conjunction with Article 1 and General recommendation 19 on violence against women, in both cases. This was the first case for the CEDAW Committee on the concept of due diligence concerning prevention, investigation, punishment & compensation or redress by the State where Austria is held accountable for failing to exercise due diligence to protect the 2 women from violence resulting in death.

Article 3: Development and Advancement of Women
Commission for Gender Equality to oversee gender equality in public & private sphere Office on the Status of Women ensures objectives met through Gender Focal Points at Nat & Pro Gov; its facilitative structures & functions; coordination with other stakholders/civil society has had impact in promoting awareness and action National Gender Policy framework provides the focus for the NGM in achieving gender equality & mainstreaming in integrated governance sstem & cluster approach to: Promote gender perspective into all govt. policies, programmes and plans of action Analytical lens for women’s empowerment & equality e.g. feminization of poverty Level the playing field to eradicate poverty & gendered poverty in particular Reduce inequality of women based: sex, race, disability, age, class, rural/urban, etc, & Eliminate barriers for women’s full participation in society & economy as equals PSC Report critique: lack clearly difined institutional framework; review role of GFP & competence assessed; authority, enforcement and M&E; GFP need to be in SMS. 2006 PSC audit found Knowledge of Mainstraming lacking in departments & SMS not able to go from policy to action; women with disabilites not adequately represented in SMS;environment generally nt enabling for gender empowerment & mainstreaming DPSA’s 8 Princliple Plan for DG and Executive Manager’s a response to this

Article 3: Some Examples of Gender Mainstreaming(GM) in Departments
GM Institutionalization is happening through a range of strategies: * SAPS has a woman’s network to advocate for gender equity * NIA has a set of regulations for gender equity * Department of Correctional Services did an audit & acceleratee the appointment of staff *The SA Defence Force has employed woman at all levels of its structures, including at command posts. *Dept of Transport: DTI codes of good practice has gender adjustment factor in programs & scorecard for companies to ensure women’s empowerment. It is finalizing the review of the existing Transport Sector BEE Charter aimed at empowering women to secure more BEE deals; & for rural women for job creation & poverty alleviation. Women encouraged to form co-operatives for available economic opportunities. SANWIT & Women in Transport conferences in 2006 & 2007 discussed interventions to deal with employment barriers in various industries.

Some Best Practices In SA
Mainstreaming for gender equality in the public service; a training programme for Public Servants was developed by SAMDI for training across the Public Service; facilitated by CIDA funding; SAMDI has management skills development & for women managers; skills for 50/50 representation in PS by 2009.The OSW has a complementary resource manual for the training targeted for rollout with 15,000 PS employees for 2008 NGPF places emphasis on research & gender disaggregated statistics on all key aspects of life, including births, deaths, health, education, poverty, and the economy. Statistics South Africa (STATS SA) and for example, the Human Sciences Research Council have allowed gender sensitive sex disaggregated data. There is improvement in the availability of gender sensitive and sex disaggregated data and qualitative studies on health, education, employment, income, personal crime, land and housing.

Government targets 50% representation of women in PS by March 2009
The PS is doing better than the private sector PSC review(2007): the percentage of women in the public service in senior positions is not proportionate to the overall number of women in department. Women are manly in lower positions. This is evident in both the Western Cape and Limpopo. Female representivity at SMS is at 30.3%, with the national average at 31.2%, and provincial average at almost 30%(29.8); The 30% target that South Africa had set for women at senior management level by 2005 was achieved in the Public Service. The new target is for 50% representation by 2009.

Article 4: Acceleration of Equality between Women and Men
South Africa has developed a very comprehensive policy framework that provides for the implementation of special measures to accelerate de facto equality between women and men in various spheres of life. The key were finalised after June 1998 and include the Employment Equity Act No55 of 1998; White Paper on Affirmative Action in the Public Service; Broad Based Black Economic Empowerment Act No 53 of 2003; Promotion of Equality and Prevention of Unfair Discrimination Act of 2000; Preferential Procurement Policy Framework Act No5 of 2000 ; and the Media Development and Diversity Agency Act No14 of This was largely discussed in the preceeding sections The corporte sector still lags behind in terms of employment of women compared to the public sector; and for representation on Boards. Mines have Fewest Women Directors according to Business Day National 26 April 2006

Article 5: Sex Roles and Stereotyping Gender-based stereotyping and prejudice is rooted in the gender discourses of masculinity and femininity With prescribed behaviours, norms and attitudes, which ultimately lead to discrimination and gender-based violence. It is an articulation of, or an enforcement of, power hierarchies and structural inequalities that are informed by belief systems, cultural norms and socialization processes. A number of recent situations show that dress code has become the focus for gender based violations (e.g. Mpansa) Nwbisa Nguukana was stripped, beaten, sexually assaulted and had alcohol poured on her by taxi drivers at the Noord Street taxi Rank for wearing a mini skirt, women’s group came out in public marches to protest this while singing songs to say that they will fight for their dignity. Meanwhile taxi drivers retaliated by saying they will continue to strip women who wore mini-skits because it offended their culture (Mail and Guardian, March 7-13, 2008)

Customary and cultural practices are subject to the right to equality
The above is a core principle of the National Gender Policy Framework on Women’s Empowerment and Gender Equality It recognises the right of persons to practice their cultural and religious beliefs but emphasises that these practices should not discriminate on the basis of gender The CGE has pursued a study on widowhood and found that women are severely discriminated against Issues of virginity testing, FGM, witchcraft, forced marriages and impact on women’s lives Public educaton, awareness and enforcement to address VAW SA has made gains in access to land (13% women owned), transforming education; customary marriages, and inheritance laws amongst others.

Constitutional ideals for a non-racist non sexist society and public discourse is reflected in…
Constitutional rights vis-à-vis discriminatory cultural practices, leading to public scrutiny of gender-based discrimination and violence in the name of culture, and ultimately to revision of legislation to ensure increased protection of victims and perpetrators Exposing and taking disciplinary action to protect women on all levels of society and to eradicate discrimination systemically has become a collaborative effort, reflecting political will to eradicate discrimination against women. In the Ntsabo case example used under employment and mentioned in previous article, it shows the legal obligation of employers to take steps against sexual harassment

Public Discourse on Women’s Rights as Human Rights
Changes to customary law have opened up opportunities for women and girls to chieftaincy and to inherit property (Shilubane chieftaincy matter and Bhe case in article 16), which may have positive effects for rural women, especially women in traditional communities An organised civil society response; notably the One in Nine Campaign launched during the Zuma rape trial; and collaboration by the national and provincial gender machinery, for example, in response to the above Mpanza case and the sugarcane killings in KZN Civil Society, CGE and SAHRC research, submissions and cases to impact legislation, landmark victory and impact change

Article 6: Suppressing of trafficking and exploitation of women
Since the presentation of the First Report and particularly is response to the Committee’s Concluding Comments, South Africa strengthened its measures aimed at combating trafficking of women and children. The UN Convention against Trans-national Organized Crime was ratified by SA in 2004; the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children in 2000; and the Palermo Protocol to combat trafficking in women and children. Studies on trafficking in South Africa point to South Africa being both a key destination as well as a country of origin and transit point for individuals trafficked to and from Africa and Europe as well as globally.

Modern-day slavery? The scope of trafficking in persons in Africa
Published in African Security Review Vol 12 No 1, 2003 Trafficking of foreign women into South Africa for commercial sexual exploitation from other areas of Africa, Europe and Southeast Asia is not only growing but appears to be controlled by organised criminal gangs from Bulgaria, Russia, Thailand, China and Nigeria (The trafficking of women into the South African sex industry, A report by Molo Songolo, Cape Town, South Africa, 2000, p1). Molo Songololo, a prominent child rights non-governmental organisation (NGO), estimated that there are at least 28,000 children in commercial sexual exploitation in South Africa’s urban centres.

South Africa’s strategic response to trafficking in women and the girl child is 3 prong:
1.Strengthen international relations & with neighbouring states to fight against organised and other forms of trafficking; include trafficking for sexual exploitation; and traficking for pornography prostitution and sex tourism. 2. Involves prosecuting traffickers using existing legal provisions and administrative mechanisms, including the asset forfeiture unit. Legislation dealing with organised crime provides for effective handling of the syndicates. 3. Involves a law reform process aimed at creating an integrated and holistic legal framework that facilitates the fight against trafficking. A 2003 report by the International Organisation for Migration (IOM) on the trafficking of women and children for sexual exploitation in South and Southern Africa

“8 Sex Workers Held” by Kuben Chetty, in Daily News Edition 2, March 07, 2005.
… to clear Durban's city centre of drugs and prostitution, more than 250 police raided several suspected hotspots today. Among those arrested in an early morning raid were 18 Thai and Taiwanese women, who are allegedly being employed as sex workers in the Morningside area and in Prince Alfred Street. Some of the foreign women were virtually held hostage by the brothel owner and, according to police, had been locked in a house and not allowed to leave the premises. Police believe most of the women are in the country illegally. Spokesman Supt Vish Naidoo said while some of the women worked willingly as sex workers, others had to do so to pay off the brothel owners. "Apart from the fact that some of these women are alleged to have contravened the Immigration Act 13 of 2002, detectives will be consulting with prosecutors to possibly consider having the owners of these agencies charged for human trafficking.

Article 7: Political and public life
South Africa is signatory to the 1997 SADC Heads of State Declaration on Gender and Development, which has a minimum target of at least 30% women in political and decision-making positions by As a member of the AU, South Africa played a significant role in the 2002 Durban decision of 50% women in the Commission of the AU, which was later extended to all components of the AU in 2004. SA’s new PS target is that of 50/50 representation of women by March 2009 All reports indicate that SA is doing well on meeting numerical targets

Representation of Women in Political positions in 2007
Table 1: Representation of Women in Political positions in 2007 Representation of Women in Political positions in 2007 Position Female Male Total Number % of women representation Deputy President 1 - 100% Ministers 12 14 28 42.8% Deputy Ministers 8 13 21 33.3% Premiers 4 5 9 44.4% MEC 31 59 90 34.4% Members of National Parliament 128 264 392 32.6% Members of National Council of Provinces 20 34 54 37.3% MPs in Provincial Legislatures 139 277 416 33.4% Sources: Figures obtained from Information Services Section: Research Unit: Parliament of SA and Permanent Delegate Contact List, National Parliament.

Progress: manage Push-pull factors…
The database of the Municipalities of South Africa from November 2007 indicates that from a total of 283 Municipal Managers only 26 (8.48 %) are females and that out of a total of 7968 Councillors only 3122 (39.18 %) are females. According to the gender audits carried out by SALGA in 2004 and 2006, the representation of women in Local Government was 29% in 2004 and 42% in 2006. Despite impressive increases in numbers, women councillors continue to experience marginalization and withholding of resources by male colleagues who do not approve of women in leadership positions, according to a study by the CGE ( Gender equity in Local Government, 2006)

Article 8: International Representation and Participation Role of women in peace missions abroad & GM in missions for SA SA has put in place a programme of action as follows: * To ensure that each government department appoints a focal point to support coordination of the Interdepartmental Working Group * Consult, inform and seek partnership with the national women’s machinery and relevant civil society organisations * Negotiate and secure resources to facilitate implementation strategy * Elaborate a National Action Plan on the implementation of UN Security Council Resolution 1325 (2000) * Hold regular meetings with stakeholders to monitor and evaluate the implementation of the action plan *Prepare a progress report on the implementation of the Action Plan by February 2008 for submission to the United Nations Department of Peace Keeping Operations.

Increasing deployment of women in missions
In January 2005, the South African Government approved the deployment of South African Police Service members in Sudan as part of the AU Civilian Police. The members deployed consisted of both males and females. Equity targets for this deployment were maintained at the ratio of 60% males and 40% females. One of the objectives of the deployment was to provide assistance to women and children, i.e. “internally displaced people”.

Article 9: Nationality Extracted from Meer, S. & Sever, C. 2004
Article 9: Nationality Extracted from Meer, S. & Sever, C Re-framing Citizenship in Gender and Development in Brief, No Including the Excluded ….. ‘In the late 1990s, activists and researchers in South Africa conducted a campaign to intervene in reform of customary laws concerning marriages where a man was able to take more than one wife (polygamy).At one meeting a researcher noted a section of woman sat silently watching the mass of dancing members chanting ‘one man one woman’. She asked these woman why they were silent. They replied that they lived in polygamous marriages and that their livelihoods would be threatened if polygamy was not recognised. Ultimately the intervention made by the campaign in the reform process framed the law in a way that would make polygaymy expensive (eventually leading to its disappearance), while safeguarding woman’s rights to marital property.”

Article 10: Education: Access and basic compulsory education has greater impetus.
In 2006, the No fee schools were introduced for the poorest communities in South Africa. Qualifying categories are set out in the Government Gazette 19347, October 1998. In 2007, there were schools for no fee learners; and in 2008, it is anticipated that there will be schools for 5, learners. Automatic exemptions from school fees continue to apply in instances where learners are orphans or linked to the social development grant system.

Achievement of the MDG on universal access to education
2001- the figures for the girl and boy child between 0-17 years in the education system was equal % of primary school-going learners aged 7-13 years were in school slightly higher proportion of females, at 96% compared to males at 95.6%; close to universal primary school enrolment 1999- females under 19 years in school went up from 21.33% in 1995, to 65.53% in 1999

South Africa’s Ten Year Review- significant increase in literacy & continues…
In literacy went up from 83% to 89% for the general population & for the year olds it increased from 83% to 96% 2007- Gender parity indices for primary, secondary and tertiary education in South Africa were 0.99, 0.97 & 1.16 respectively 2001, 56% of all university qualifications were obtained by women, still under-represented in engineering sciences and technology fields 2007- At tertiary level, there were more females enrolled than males

SA has done well with Access, Equity & Redress in Education
*2004-Black students account for 75% of contact and distance education enrolments in higher education *The increase in the number of black and women graduates is significant *Girls drop out at a lower rate than boys. Resons may be women are largely sole providers and need education; need matric and further training for better jobs; brings higher Labola to have educated daughter (AGDI).Girls Drop out for pregnancy despite legislation and programs for retention *The Measures for the Prevention and Management of Learner Pregnancy” provides support to educators addressing pregnancy in school & for pregnant girl

Sex Role Stereotyping, Gender Equity and some School Support Initiatives include:
*Curriculum looks at prevention of pregnancy & STI & lifestyle choices in Life Orientation Learning: grade 1 to 12. *Girls’ Education Movement (GEM)- empowers girls in science and technology. Techno-girl provides career guidance & life skills support for rural girls 18 to 27 in secondary & tertiary levels. Two week science camp targeted 347 females in 2002. *Training module for educators re VAW & sexual harassment; & links between GBV and HIV and AIDS; & school safety - needs to be fully rolled out. *In 2001 the DoE & SAPS completed a workbook on Signposts for Safe Schools & valuable resource to educators * Sex education controvertial in some communities

Manifesto on Values, Education and Democracy promotes democracy, equity, non-racism and non-sexism
*The number of public schools without water decreased from in 1996 to in 2006, and the number of schools without on-site toilets decreased from in 1996 to in 2006. * 585 schools are prioritised to become models of safe schools and the Education Department officials and School Governing Bodies are partnering to develop safe school policies *New legislation introduced in 2007 has given schools stronger powers to search pupils for weapons and drugs. days in year healthy meal for learners in primary schools- National School Nutrition Programme * Transport initiatives to support rural children with greater access and more time for educational engagement

Science Engineering and Technology (SET) & Gender Equality
The Science, Engineering and Technology for Women (SET4W) advises the Minister re Women in SET. Since 2003 spent R on Awards & Fellowships The department collaborated in the production of a TV series on Women in Science; screened on SABC 2 in 2007. Series educate young girls on careers in SET & highlights the impact of women scientists in South Africa. Women in Science Awards features in a newspaper supplement to promte women in non-traditional fields.

Violence in Schools: The National Schools Violence Study by the Centre for Justice and Crime Prevention, April 24,2008 About 12 million children are registered for school. Information gathered from pupils, 264 principals and 521 teachers from public and private schools. The study revealed that: *Violence in primary schools is most common in the Eastern Cape. *The highest recorded rates of violence were for secondary schools in Gauteng and Limpopo; * One in 10 pupils say it is relatively easy for them to get hold of a gun; *Alcohol and drugs are readily available, and; More than one in 10 (14.7 percent) secondary school learners and slightly fewer (10.5 percent ) primary school learners reported that it was easy to get alcohol and dagga at school; *Between 83 and 90 percent of pupils are exposed to some sexual assault; Sexual assault was prevalent in both primary and secondary schools; *Up to 90 percent of pupils said they had experienced some sort of assault. *31.2 percent of high school pupils said that it was easy to get a knife at school * pupils having been exposed to crime at school

Responses from Education Officials… Violence stalks millions of kids at schoolboy Sashni Pather, in The Times April 24, 2008; ‘Crime is now a way of life’ “Children exposed to violence and victimisation likely to become perpetrators of antisocial behaviour”: “pupils still felt safe in the school environment. “This is because of the normalisation of crime in society. The country has high levels of violence and crime has become a way of life”; “department was looking at initiatives to improve school security and also called for more community involvement”; “need to take safety at schools to a "new level", principals of violent and under-performing schools could be replaced, mentored or face incapacity hearings”; “after a damning report by the Human Rights Commission (HRC) on violence at schools and a review of the Safe Schools programme, an improved safety strategy would be presented to the provincial executive committee in little less than two months. 'Antisocial behaviour needs to be nipped in the bud‘”

Article 11: Employment: Increase in Women in South Africa in the Labour Force between (DoL) Women suffer discrimination in the labour market- lower quality employment and lower remuneration. African women remain the most vulnerable in the labour force. Progress made but challenges remain. Some of the findings are as follows: 1. The inreased participation of women in the labour force in South Africa between 1995 and African women entering the labour force post apartheid in larger numbers. Women are 6 in 10 of new labour force 2. Educational of women has improved: GET, Matric and tertiary education 3. The largest % increase was in the two oldest groups, and 55-65years; lowest for 15-34 4. Women over-represented in low-income, less secure employment. Majority unskilled and low paid elementary workers, more than a quarter of all new jobs created in the wholesale and retail trade. 5. Unemployment rates still increased for all groups of women with significant numbers for Black women and female entrants into the labour market

Women in the South African Labour Market, 1995-2005, Department of Labour
6. In 2005 the rate of unemployment for African women was 53% in contrast to the aggregate rate of 39% and the aggregate female unemployment rate of 47% 7. In 2005, 7-10 job seekers, age were unable to find jobs. 8. Across all levels of education, women have higher levels of unemployment than men counterparts 9. Discrimination by gender, age and race continues 10. Women of all groups earned less than men in 2001 and in 2005 with the exception of so-called Coloureds in 2005. 11. White women earned higher than Black women with the same level of education, with the exception of African women with degrees in 2005, and mangers & professionals (only 2005) and operators and assemblers.

Landmark case & Laws passed to protect women against violence in the workplace
* EEA,1998, recognises harassment as unfair discrimination;*The Employment of Educators Act &The South African Schools Act, where sexual harassment constitutes misconduct * Ntsabo v Real Security case makes employers liable for the harassment of their employees and employers will no longer be able to turn a blind eye to sexual harassment at the workplace. They will need to take pro-active steps to eliminate and investigate sexual harassment at the workplace. The fact that the harasser is not authorised by the company to harass fellow employees will henceforth be irrelevant, as the action of the employer after being notified thereof will be the subject of the enquiry. A court will determine whether reasonable steps have been taken to protect women who have been sexually harassed in the workplace. The duties and obligations of employers and the recognition of sexual harassment as a form of discrimination is significant in this regard.

Landmark Victory for Women’s Rights
In the above case, the court recognised the reporting of incidents of sexual harassment should occur within a reasonable time and that what is reasonable will depend on the “trauma and circumstances” of the individual complainant. In future women will have recourse where sexually harassed in circumstances where the employer fails to take reasonable steps to address such harassment. Previously, women would often have proceeded in terms of constructive dismissal after resigning due to the intolerable conditions endured, alternatively, unfair labour practice provisions would have been utilised by women. Now sexual harassment has also been brought within the confines of discrimination allowing for broader relief for victims of harassment.

The People’s Agenda… Markinor Opinion Poll on Government Performance 2005 compared to 2004 (2006) Peoples Agenda: reducing unemployment and crime Other issues: poverty and HIV&AIDS. Government’s Highest Scores: welfare payments, gender equality & basic services delivery Doing well: on Gender Equality Initiatives

Article 12: Equality in Access to Health Care
Universal access has been a marked increase in access to health facilities & high levels of utilization of primary health care Gender Policy Guidelines for the Public Health Sector, 2002 were developed to ensure that an effective framework to develop, implement and monitor laws, policies, programmes, procedures and practices for women’s health. The National Health Act, 2004 No. 61 of 2003 further entrenches principles for promotion of women’s health SA signatory declarations and agreements on HIV/AIDS: Abuja Declaration, UNGASS, Maseru Declaration, the UNAIDS; and promotion of Sexual & Reproductive Health & Rights (SRHR). Disability and impaired functioning are preventable when caused by violence; poverty; lack of accurate information about prevention and management of disability; failure of medical services; unhealthy lifestyles; environmental factors such as epidemics, natural disasters, pollution and trauma. Women and children in SA are victims to high levels of crime and violence that impacts on impaired functioning, health and well being.

Access to health care 1.Geographic access –improved through clinics building programme; 2. Physical Access- wheelchairs and assistive devices more available 3. Access to drugs - pharmaceutical policy - drugs more affordable 4. Plan of Action for the Continental Policy Framework for Sexual and Reproductive Health and Rights, Integrating Sexually Transmitted Infections (STI), HIV/AIDS, and SRHR programmes and services, including reproductive cancers; Repositioning Family Planning as an essential part of the MDG’s; 5.National Adolescent Youth Friendly Clinic Initiative (NAFCI) with NGOs; Addressing Unsafe Abortion; SRH; Delivery of Quality services for safe motherhood, child survival, maternal, newborn and child health

HIV & AIDS *HIV and AIDS is one of the main challenges facing South Africa today. *About 39.5 million people living with HIV worldwide in 2006, more than 63% were from sub-Saharan Africa. *In about million people were estimated to be living with HIV in South Africa, with 18.8% adult pop years & about 12% of the general population affected. Women are disproportionately affected; accounting for approximately 55% of HIV-positive people. Women in the age group are the worst affected with prevalence rates of up to 40%. For men, the peak is reached at older ages, with an estimated 10% prevalence among men older than 50 years. HIV prevalence among younger women (<20 years) seems to be stabilizing, at about 16% for the past three years.

HIV & AIDS With an estimated million South Africans infected with HIV and only a minority aware of their status, prevention remains a huge challenge. In 2006, domestic and international spending on HIV and AIDS by categories and financing sources was R , of which R (69.7%) came from the South African government and the remaining from international sources. The figures for 2007 was R of which R (74%) came from the government of South Africa. Investment in information and educational programmes. The Khomanani Campaign have shifted their prevention focus to school leavers and young adults while the school life skills and LoveLife work with adolescents. The Khomanani campaign has a community mobilization strategy with trained volunteers Antiretroviral treatment for AIDS became available in government facilities in 2004 and within two years, more than 200 facilities were treating more than people. Numerous multisectoral partnerships for HIV/AIDS-eg.Women in Partnership Against Aids (WIPAA) and Men in Partnership Against Aids (MIPAA).

2007-2009 Department of Health Priorities
Strengthen management of Tuberculosis; Implement the Nat Strat Plan for HIV & AIDS ; Expansion of the implementation of the Comprehensive Plan for HIV & AIDS Care, Treatment and Management (CCMT); Strengthen TB and HIV collaborative efforts; Strengthen the implementation of key strategies for effective malaria control in South Africa; Strengthen inter-country & cross-border malaria control efforts Improve the management of childhood illnesses; Achieve measles elimination; Ensure polio outbreak and importation preparedness;

Health priorities to 2009 (cont)
10. Improve maternal, child, & women’s health & nutrition 11. Improve micronutrient control 12 Facilitate preparedness to prevent & respond to diseases and outbreaks for FIFA World Cup in 2010 13.Contribute to poverty alleviation through EPWP by appointing unemployed matriculants as Data Capturers 14. Contribute to poverty alleviation: expand & strengthen the delivery of PHC through the Partnerships for the delivery of Primary Health Care Project (PDPHCP)- EU funded 15.Contribute to poverty alleviation: expand & strengthen role O of NGOs & CBOs in curbing the impact of HIV and AIDS.

Women’s Health *SA is Integrating HIV/AIDS responses & related infections & SRH * National immunisation coverage went up from 82% in 2004/05, to 84% in 2006/07- protection of SA children for vaccine preventable diseases *Reproductive health and peer education- focus on access; family planning access to contraceptives; & choice on termination of pregnancy. ** South Africa ranks 61 of 68 high priority countries in Countdown to 2015: Maternal, Newborn & Child Survival Report The 68 countries combined accounted for 97% of all maternal, newborn and infant deaths worldwide. Maternal Mortality Ratio (per ) live births (2005) is classified as high with 1:110 lifetime chance of a woman dying during pregnancy or childbirth. *As a result of the promulgation of the Choice of Termination of Pregnancy Act (No 92 of 1996), abortion-related deaths dropped by 91 percent between 1994 and The CTP Amendment Act (No 38 of 2004) increases access to safe termination of pregnancy & SRH rights * safe terminations in the first four years of the Act being passed.

Maternal, Child and Women’s Health
*Many of the successes in reducing child and maternal mortality were eroded by the impact of the HIV and AIDS epidemic *Health Plan 2007/08 requires that: at least 50% of health districts implement the Reach Every District (RED) strategy; that 70% of districts have more than 90% immunisation coverage, that the 10 recommendations of the Confidential Enquiry into Maternal Deaths are implemented; *National and Provincial also expected to achieve the following: improve the management of childhood illnesses through IMCI; achieve measles elimination; ensure Polio outbreak and importation preparedness and improve micronutrient malnutrition control [1] DOH, Annual National Health Plan (ANHP) 2007/08

Article 13: Economic and Social Like
The measures to address extreme poverty and hunger include: Cash transfers in the form of social assistance grants whose expenditure increased 3.7 fold between 1994 and from R10 billion to R55 billion in 2005, and the number of beneficiaries grew from 2.6 million in 1994 to 10.5 million in 2005 (this allocation exceeds 3% of GDP); Extension of the Child support grant to children under the age of 14, the total number of children accessing the grants since 1997 is over 7 million (this exceeds the target government set in 2004) of registering 2.4 million children); The social wage (monetary value of accessed basic services) which amounted to about R88 billion in 2003[1]. The establishment of the Agricultural Starter Pack Programme and The Comprehensive Agricultural Support Programme are some programs that assist rural women. Access to funding support for SMME’s and housing fund; access to land and sustainable development projects

Poverty eradication & social grants
*Government sees need for eradication of poverty & policies aimed at poverty alleviation. In this regard government has instituted a number of social programs and social income programs *Social security system is success in alleviating poverty. Social insurance is used to protect those in formal employment while social assistance aims to protect those left unprotected by social insurance *The Expanded Public Works Programme-in first nine months- R2.4 billion was spent on projects to create gross job opportunities. *The EPWP is on course to reach its target of 1 million job opportunities in five years. *By September 2005, work opportunities have been created from 3400 EPWP projects. *EPWP in first yearr paid R823m in total. *Of those who benefited from the programme in the first year, 38% were women, 41% were youth and 0.5% were disabled. *The establishment of the Agricultural Starter Pack Programme and The Comprehensive Agricultural Support Programme assist with sustainable development.

Women and Children in Poverty
*In recognition of gendered and racial dimension of poverty, the government has measures to deal with inequities. The social grants include: an old-age grant, disability grant, war veterans’ grant, grant-in-aid, foster child grant, child support grant, care dependency grant and social relief of distress that mostly benefit women. Children of the Valley…Woza Moya, is an HIV&AIDs Community Care and Support Programme that was filmed by SABC 3’s Special Assignment whilst working in the Ufafa Valley, near Ixopo KZN … ‘It is estimated that 12 million children in South Africa are living in deep poverty and child support grants have become a meal ticket but access to child support grants can be a problem because many caregivers do not have bar-coded ID documents. The community workers pointed to a grand-mother with eleven orphans who was trying to secure a new ID book, without which she could not access any form of social assistance form the government. This is part of the daily routine of the Woza Moya TEAM as they struggle to help families apply for IDs or grants. Rural dwellers often have to travel lon distances to reach Department of Home Affairs Offices and they often do not have money to pay for taxis or for the documentation or photos that may be required. The web-site reports impending legal action by child rights activists to get government to accept other forms of identification. .

Women are the backbone of the second economy- a multi-faceted approach to address disparities in SA:
1)Micro financing arrangements where the major financial institutions are provided with incentives to provide loans to women entrepreneurs; 2) A legislative environment for service industry partnerships between economic actors in the first & 2nd economies; 3) Skills development and training directed at potential women entrepreneurs in both the urban and rural areas; 4) Providing mentorship and learnership opportunities for women seeking to become entrepreneurs; 5) Encouraging young female learners to take business courses in high school and in tertiary education. 6) A communications campaign to profile successful women entrepreneurs in both the first and the second economies. 7) Access to the wealth of data that government has regarding future growth points in the South African economy; 8) Gearing women entrepreneurs for success & providing a safety net in the event they more time to succeed; 9) Encouraging the private sector to direct and target their spending on social investments at women entrepreneurs

Article 14: Rural women Key national legislation that has an impact on rural women include: The Land Reform Act of 1996 The Housing Act 107 of 1997 The Restitution of Land Rights Act No. 22 of 1994 as amended The Water Services Act The Land Bank Amendment Act 21 of 1998 The Integrated Sustainable Rural Development Programme

Land restitution & Grants: From 1994 to December 2007 across provinces:13.29% of women own land in SA *The Grants and Services Policy of the Department of Land Affairs outlines how women can benefit from access to land and grants: “eligible applicants-landless people or people who have limited access to land especially women who wish to gain access to land and settlement opportunities in rural areas”. *Settlement and development grants assist with restoring land, sustainable planning and security of the land. *94,166 female headed households were awarded land restitution and ownership . *In a recent land handover celebration in KZN (Ndumu & Tembe) communities, there were 142 female headed households that were beneficiaries out of the total of 562 that received settlement *challenges remain for women in rural areas: Attitudes and stereotypes re acces to resources; women are not allowed to discuss or make decisions during meetings; or congregate with men in the same meeting, e.g. during the options workshop where the community has to decide on suitable form of compensation. [1] Department of land Affairs CEDAW Report Input, April 2008

ISRD & Free Basic Services
The Integrated Sustainable Rural Development Strategy was developed (ISRDP) in The DPLG is the national coordinator, through the Integrated Rural Development Programme. The programme addresses rural poverty and underdevelopment, bringing in the resources of all three spheres of government in a coordinated manner. Target women, youth, and the disabled. The programme currently focuses on 21 nodal areas- acute poverty. The nodal areas are in the Eastern Cape, Mpumalanga, Kwazulu-Natal, Free State, Limpopo and the Northern Cape. The Free Basic Services Programme contributes towards poverty relief interventions. The indigent policy requires each municipality to develop and adopt an indigent policy with criteria to determine who will qualify as an indigent and to ensure that indigents who are unable to afford basic services have access to the package of services included in the FBS Programme (water, sanitation, electricity, waste removal).

Article 15: Equality before the Law and Civil Matters
In 2004, in the landmark decision S v Ferreira, the Supreme Court of Appeal began acknowledging the grim complexities of battered women's choices and grappled with how this context needed to be incorporated into legal decision-making. Recognising how misunderstood domestic violence is, the judges acknowledged the need for a court to "place itself as far as it can in the position of the woman concerned, with a fully detailed account of the abusive relationship and the assistance of expert evidence." When this particular bench did indeed place itself in Ms Ferreira's shoes, they overturned her life sentence and substituted it with a six year suspended sentence. Courts in Gauteng have certainly taken note of this decision, using it as a basis to hand down just and appropriate sentences to Annemarie Engelbrecht and Zelanga Mandulo Staying in an abusive relationship is not a crime, by Lisa Vetten, Centre for the Study of Violence and Reconciliation

Women’s Rights & Equality
Black women now have full legal capacity when married under customary law and thus equalising their legal status and contractual capacity with that of men and other women Inheritance and intestate succession discussed previously Government measures aimed at equalising women and men’s rights in respect of access to ownership and control of land and resources such as housing have contributed to women’s de facto enjoyment equality of freedom of movement and domicile. Challenges remain with patriarchal and traditional practices that have to be mitigated through multisector appraoches; rights ed and enforcement

Article 16: Equality in Marriage and Family Law
South Africa retains the combination of marital regimes which include civil, customary and religious laws. The Recognition of Customary Marriages Act of 1998(RCMA) brought about equality between women and men married under customary law. The courts have interpreted the Constitutional guarantee to include the right to choose a marital regime in recognition of cultural diversity and the right for same sex partners to be married. recognises polygamy and as such men may have more than one wife. The only protection for women is a provision for a contract between the existing wife or wives if she or they accept the new arrangement and which divides the matrimonial estate and effects a compulsory change of the proprietary regime to “out of community” for all the marriages.

High levels of gender-based violence deny South Africans the realisation and enjoyment of full citizenship rights as set out in the Constitution. The 365 Day National Action Plan appended with this report provides comprehensive data and an approach to addressing this issue; and responds to the multi-faceted and multi-sectoral approach required by the CEDAW convention. The document states that, “In 2004, the government set targets of reducing contact crime such as murder and rape by 7-10 percent per year until 2009, with a major focus on social crime prevention, integrated law enforcement operations, and reduction of repeat offending. According to the South African police Statistics released in September 2006, murder is down by 2%, that is 18,793 to 18,545 and rape by a mere 0.3%, which is a fractional decrease from 55, 114 to 54,926”

VAW a serious problem South Africa also has amongst the world’s highest levels of sexual and domestic violence. Research conducted by the Medical Research Council in 2004 shows that “a woman is killed by her intimate partner in South Africa every six hours. A recent study of over 1,500 women in South Africa also indicates that “women with violent or controlling male partners are at increased risk of HIV infection”. South Africa has the largest number of people living with HIV, with an estimated 5.5 to 6.5 million people living with the disease. An estimated South Africans are infected each year. The HIV/AIDS epidemic disproportionately affects women’s lives both in terms of rates of infection and the burden of care and support they carry for those with AIDS related illnesses

Integrated VAW Response
*A 2006 Medical Research Council survey of 1370 male volunteers recruited from 70 rural South African villages indicated that “16.3% had raped a non-partner, or participated in a form of gang rape; 8.4% had been sexually violent towards an intimate partner; and 79.1% had done neither” *The Justice and Crime Prevention Strategy an excellent multi prong approach in SA with best practices like Thuthuzela one stop centres & victim empowerment program. A situational analysis on sexual assault service for victims; highlights poor quality medical care; need for standardized clinical management, training, & multi-sector coordination for service provision; structural inadequacies, etc – need more resources, training and monitoring of services

Legal & Multi-sectoral actions to eradicate VAW
*Exposing and taking disciplinary action to protect women on all levels of society and to eradicate discrimination systemically has become a collaborative effort, reflecting political will to eradicate discrimination against women (viz. disciplinary action against sexual harassment charges as demonstrated by cases), legal obligation of employers to take steps against sexual harassment (Ntsabo case) as well as an organised civil society response, and collaboration by the national and provincial gender machinery (for example in response to the Mpanza case and the sugarcane killings). *Strides have been made in improved awareness raising and understanding of the exploitation of women through trafficking and sex work, and the need for improved protection, for example through the work of civil society organisations (such as Molo Shongololo and SWEAT).

VAW a Human Rights Violation
The SA Government and the courts treat violence against women as a human rights violation and a violation of CEDAW and all other international human rights agreements that South Africa has ratified. A variety of case examples have been discussed throughout this report to highlight the South African reality and specifically the following are selected to show the types of Violence Against Women and to identify both the use of and the implications for the equality sections of the Constitution, in meeting the women’s rights based agenda

Some examples of mechanisms that are in place to address VAW are as follows:
Legislative framework and administrative measures and programmes have come a long way The Justice and Crime Prevention Strategy Governments cluster approach for greater coordination across departments and with relevant stakeholders (civil society) The National 365 Day Campaign to End Gender Violence Sonke Gender Justice Advocacy& Men as Partners APRM POA Multi-Sectoral Approach Victim Empowerment Program & Thuthuzela 24 hour one stop Care Centres (health, courts, SAPS, counselling, etc)

Best Practices in CEDAW report re Advancement of Women…
Constitution, Equality Act & Employment Equity Act Commitment gender parity in the SMS in PS; High representation in Cabinet (Minister and D.M); Increased labour participation from 1994(Black older women) Landmark rulings by the Constitutional Court Gender parity in education; Commitment to meeting the MDG targets (#3 etc) Violence against women is a human rights violation. The 365 Day National Plan to End Gender Violence Men as partners in the fight against VAW

Best Practices from the report…
Equality Courts, Sexual Offences Courts; Victim Empowerment Program; Thutuzela Care Centres- 24 hour with police, counselling, doctors, court preparation and prosecution; Partnerships with media for VAW, HIV and AIDS; to affect pro-social norms Strong NGM at high levelse.g. OSW in the Presidency; Impact of work of CGE, etc The Local Government Gender Policy Framework & DPSA 8 Principle Action Plan in Public Service A strong civil society network active in research, advocacy & service; NGPF and Gender focal points Recognition of Customary Marriages Act & rights for women

Best Practices from CEDAW Report…
*Public Works: integrated poverty reduction & job creation - EPWP(Expanded Public Works Programme)-create 1million jobs 40% women, 30% youth and 2% disabled for 2004 to 2009. *Basic Conditions of Employment Act (BCEA): pregnancy & parental rights & for Domestic & Part-time workers. *Social Grants and benefits for elderly persons, people with disabilities and care givers. *Women and Land Reform Act of 1996; Housing Act 107 of 1997; Water Services Act; the Land bank Amendment Act No21 of 1998 and the Integrated Sustainable Development Programme. *Impact of the Free Basic Services socio-economic conditions of women.

Challenges from CEDAW Report
Reduce violence and crimes against women & children Increase the work for women: Black women & age Decrease unemployment & underemployments rates Increase higer levels of work in PS/other job categories Address wage disparities & equal pay for men & women Eradicate poverty & racialized and gendered poverty; Promote access to funding and women SMMEs Increased hiring of women with disabilities; Promote NGM institutional framework- PSC Report, 2007 Promote enabling culture & environment for women in the PS Increase politicians & leaders fight to end VAW and speak out Increase faith-based/traditional leaders role & action on VAW

Challenge from CEDAW report…
Improve GM compliance & M&E in Private and PS Address high HIV and AIDS among young women; Gender parity in the private sector:SMS & Boards; Education: stereotyping, prejudice& discrimination Sustainable resources for multi-sectoral campaigns More know your rights etc campaigns in rural areas Address violence in schools & criminal educators. Access, services, training: victims of sexual assault Grants: rural poor, elderly and disabled women Consultations & representation in all SA initiatives

Cross cutting Issues in Report
Improve socio-economic conditions of women: poverty, unemployment & numbers in second and informal economy; Decrease violence against women & address attitudes & practices that perpetuate this evil Vigilance and action to address human rights violations: multi-sectoral alliances, campaigns, clear targets, impact assessment and allocated sustainable resources. Removing barriers in the public and private in fighting prejudice, bias, and discriminatory practices

Conclusion We want to thank you for your time and engagement with the CEDAW Report The consultations and distribution of the report further advance the CEDAW Provisions We dedicate ourselves to women’s rights as human rights and in advancing this agenda We are excited about SA meeting its legal obligation for 2001 and 2005 by submitting this consolidated report covering

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