1. Introduction
Greet all speakers and observe protocol. The purpose of today’s discussion is to share our annual report and lift gender equality issues that South Africans should be aware of.
The Commission for Gender Equality (CGE) is constituted in terms of Chapter 9 of the South African Constitution, to support democracy in SA. Our constitutional mandate is to promote, protect and monitor Gender Equality in the country. The Constitution states that CGE has the power, as regulated by national Legislation to monitor, investigate, research, educate, lobby, advice, and report on issues concerning gender equality.
2. Functions (as stipulated in the CGE Act 39 of 1996)
- Ensure monitoring and reporting on compliance with these international conventions.
- Monitor and evaluate the policies and practices of government, private sector and civil society to ensure that they protect and promote Gender Equality.
- Review existing and upcoming legislation from a gender perspective.
Section 20 (1) (f) of PEPUDA allows CGE to institute proceedings under court on behalf of any aggrieved person or group. In cases where the presiding Officer decides to refer the matter to the Commission. The Act also places a duty on the Commission to assist complaints, who wish to lodge a complaint and conduct investigations where necessary,
CGE acknowledge efforts made by government in putting in place legislation useful for combating GBV. We are all aware of the Domestic Violence Act, PEDUDA, sexual offences act, Child justice act, Maintenance Act and other legislations like the Employment Equity Act.
CGE is concerned about implementation of these laws. We welcome the re-introduction of sexual offences courts, which should be speedily rolled out, with necessary resources and capacity to respond to the shocking levels of sexual violence in our society, and backlog of cases.
CGE has been engaged on the implementation of and compliance with the gender equality provisions of the Employment Equity Act (EEA) by public and private sector employers. The rate of gender transformation remains unsatisfactory. It is clear that organisations apply the provisions of the Employment Act as a compliance measure as opposed to using the act as transformation tool.
Constitutional principles ensure political equality for all citizens, and women’s involvement. Ratification of International conventions has seen SA Government commit itself to putting in place mechanisms to promote and protect gender equality and eradicate unfair discrimination. 2008 SADC Protocol and Gender and development requires 50/50 representation of women in leadership positions by 2015.
CGE has initiated a project to assess the level of participation of women in political parties. CGE has a mandate to interrogate the extent to which political parties are meeting their equity targets and recommend to them to undertake measures to reach parity.
Furthermore CGE has proposed amendments to the Electoral Amendment bill to include 50-50 as one of the legislative requirement which political parties need to comply with when submitting lists to the IEC and when Parliament allocates seats, to ensure that 50-50 principle is adhered to. Parties who do not comply with this section of the act should be disqualified. CGE has also made submission to the WEGE bill which calls for 50-50 representation across the board.
Gender Barometer Report raises issues that relate to Gender Mainstreaming. Organisations are experiencing problems in relation to Gender Mainstreaming which is analytical lens that integrates the concerns of men and women in a cross cutting way, but highlights women’s empowerment and reducing inequality faced by women based on sex, race, disability, age, sexual orientation and class.
Patriarchy is a problem is embedded within religious structures, traditional structures and the family, and the CGE has mapped out a programme to engage with stakeholders within this sector through dialogue, partnerships and outreach interventions to address tensions between constitutional equality provisions and the rights between cultural and religious communities, directly addressing any harmful practices associated with these communities.
CGE has been criticised to be anti-tradition or African culture. That is not true, CGE respects all traditions, customs and religious values that do not infringe the right to equality and other rights enshrined in the Bill of Rights.
CGE understands SA Constitution is a supreme law of the land, protects cultural diversity, recognising that SA is a multi-faith, Multi-Cultural and Multi-cultural and multi-racial society. Our observation is that this right has been exercised in a manner inconsistent with any provision of the bill of rights.
The rights of an individual to equality, dignity, privacy and freedom and security of the person take precedence over cultural and religious rights. Discriminatory practices to widows, Ukuthwala, problems experienced Muslim women, rule of Primonigenature to undermine the right to dignity.
CGE continues to receive complaints regarding the claim of Chieftainship in term of lineage i.e. Nomaxhosa Sigcawu vs. Mpendulo Sigcawu. The other matter that has been in the North Gauteng High Court as an application for withdrawal of recognition of Nkotobola Chiloane and recognition of glory Chiloane as the rightful heir to the Sehlare Tribal Authority in Mpumalanga
CGE has made its submission on TCB to include the concerns of women to improve their access to, representation in, and the services of traditional courts. The CGE is monitoring the processing of the TCB by Parliament, and is particularly assessing whether any revision of the TCB incorporates recommendations contained in the CGE Submission.
As CGE we will continue working on issues of discrimination in employment, access to services and education. Gender Based Violence which includes violence against LGBTI people, Elderly women, Children Women tops the Commission for gender equality agenda.
In dealing with this matter CGE has intensified its educational programme as well its research programme. CGE continues to receive Gender Based Violence related complaints.
Rape and Murder of women, children, Gays, and Lesbians is unacceptably is often linked to their often inherently vulnerable position in society.
The other growing area of concern is violation and abuse sex workers’ rights. CGE has developed a sex work position paper to be used as a lobbying tool, calling for the full decriminalisation of sex work, and the protection of human rights of sex workers, including access to labour protection.
The Commission has broad mandate but has inadequate budget. CGE cannot adequately cover for human resources, Programmes and Support Services. In terms of the 2013 adjusted estimates of national Expenditure vote 8 which includes Women, Children and people with Disabilities receives the budget of 198312 million of which 63 086 million is transfers and subsidies which is the CGE allocation. This issue speaks to the Funding model of gender equality organisations.
3. Conclusion
CGE will continue to oppose practices that go against the founding values of the Constitution which are:
- Human dignity, Achievement of equality, advancement of human rights and freedom,
- non racialism, non-sexism,
- Supremacy of the Constitution and the rule of Law
On behalf of the CGE, Commissioners and staff, I welcome you and hope we will have a constructive engagement on the CGE’s response to substantive gender quality issues.
Thank you!
