The Hon Lulu Xinwana, Minister for Women, Children and People with Disabilities;
HE Gaston Barban, High Commissioner Designate: Canada
HE Geoff White, Acting High Commissioner: Canada
Mr Andras Vamos-Goldman, Executive Director of Justice Rapid Response
Ms Nomcebo Manzini, Regional Director and Country Representative: UN Women
Ms Nahla Valji, Specialist: Rule of Law and Transitional Justice: UN Women
Ms John Ralston, Executive Director: Institute for International Criminal Investgstions
Ms Yanine Poc, Regional Representative: Office of the UN High Commissioner for Human Rights
South Africa is a veritable powerhouse when it comes to contributing to the production of new ideas and concepts, many of them, such as positive complementarity, we can justifiably be proud of, others such as the abominable expression, “All Protocol Observed”, should simply be classified as crimes against humanity.
And seeing that I am not particularly fond of Dutch weather or cuisine, especially as they are to be found in the region of The Hague – and in particular the suburb of Scheveningen, which plays host to the International Criminal Court (ICC) detention centre, I would therefore like to greet everyone with the highest honorific I can think of, comrades in the struggle for justice and the fight against impunity.
It is a great pleasure to welcome you to the capital city of South Africa, located in the Tshwane Metropolitan Municipality, and to convey to you the warm greetings of the Minister of Justice and Constitutional Development, Mr Jeff Radebe.
Good afternoon and welcome to South Africa;
Bonjour et soyez les bienvenus a l’Afrique du Sud;
Boa tarde e sejam bemvindos a Africa do Sul;
As-salam alaykum.
This training course on “Investigating Cases of Sexual and Gender-based Violence as International Crimes” is a collaborative effort between UN Women, Justice Rapid Response and the Institute for International Criminal Investigations (ICI).
I am not sure what informed the organisers’ choice of dates for this course, but I must say they are well chosen for their significance to the themes of the training course.
This year marks the centenary of an important chapter in the struggle for the emancipation of South African women. A century ago in June 1913, 34 African women were arrested for refusing to carry passes that would restrict their movement, an oppressive measure that only applied to African men. This action would result in the formation of the Bantu Womens’ League, later the African National Congress Womens’ League, in 1919, under the leadership of Charlotte Maxeke, a giant of South Africa’s struggle against the triple oppression of women in South Africa on the basis of race, class and gender.
Some sources, in fact, state that it was on this day a year later, in 1914, that women presented a petition against the pass laws.
As a result of the application of pass laws to women was suspended until the1950s when their re-implementation led to the famous 1956 Womens’ March to Pretoria.
On the 8 of August 1956, a day which is commemorated as National Womens’ Day, women of all races, from the length and breadth of the country converged on the Union Buildings, to tell the Prime Minister at the time: “Strydom, you have touched the women, you have touched a rock, you will be crushed!”
Perhaps the organisers were also mindful to show that these struggles are universal, for on this day, also ninety-nine years ago, a delegation of Canadian women headed by feminist activist Nellie McClung petitioned Manitoba’s parliament for the right to vote – they were rejected with contempt and ridicule by the Premier at the time and proceeded on January 28, to stage a mock "Women’s Parliament" in the Walker Theatre in Winnipeg to debate the question of whether men should be allowed to vote.
Appropriately, today is also the birthday of Dr Nkosazana Dlamini-Zuma, the first women to chair the African Union Commission.
On 28 January 1997, sixteen years ago tomorrow, four apartheid-era police officers including police Colonel Gideon Nieuwoudt appeared before the Truth and Reconciliation Commission (TRC) and admitted their role in the violent death of another hero of our struggle, Bantu Stephen Biko two decades before in 1977.
For me these dates illustrate vividly the themes underlying this training course: the struggle for the rights of women and the struggle against impunity and the inextricable relationship between the two.
Michelle Bachelet, head of United Nations Women, former President of Chile, who herself is a survivor gross human rights abuse at the hands of the Pinochet military dictatorship, expressed it very powerfully:
“Today, sexual violence in conflict is widespread and widely condemned. Some cases have been prosecuted. But the fact remains that women’s bodies remain a battleground, and impunity remains the norm rather than the exception."
South Africa is a State Party to the Rome Statute and a firm supporter of the fight against impunity. We played an active role in negotiating the Rome Statute and were one of the first countries to incorporate the Rome Statute in our domestic law.
As part of the Review process of the Rome Statute, South Africa and Denmark introduced the topic of “Positive Complementarity” to the Review Conference.
“Positive complementarity” refers to all activities and actions whereby national jurisdictions are strengthened and capacitated to conduct genuine national investigations and prosecutions of the most serious crimes of international concern.
South Africa along with Denmark has championed the topic of complementarity since the Review Conference and we are pleased that this training workshop on investigating cases of sexual and gender based violence as international crimes is taking place in South Africa.
It is exactly these kinds of initiatives that are consistent with the decisions of the Assembly of States Parties of the Rome Statute, which encouraged international cooperation in building capacity domestically for investigating and prosecuting serious crimes.
As Co-Focal Point for Complementarity, we are mindful of the fundamental role that the domestic jurisdictions play in ensuring justice and accountability.
In order to close impunity gaps, the continued collaboration by States, international organisations and non-governmental organisation in building capacity is crucial.
We must therefore continue to work together to build the capacity of domestic jurisdictions, including in the area of gender-based crimes.
In this regard we agree with the assessment made by Maxine Marcus, prosecutor with the International Criminal Tribuna lfor the former Yugoslavia
(ICTY), in an interview with UN Women that:
“In spite of phenomenal achievements, gender justice is still elusive for most survivor witnesses. International courts have mandates to prosecute only those most responsible on a large scale, and thus high-level officials responsible for international criminal law violations are facing justice, but all too often the direct perpetrators of the crimes of gender-based violence escape with impunity. Even internationally, in reality, only very few survivors of gender-based crime actually have the opportunity for their “day in court.”
And also that,
“National judicial institutions need international support at all phases of the judicial process, from the investigation through the prosecution, in order to ensure that women have access justice.”
It is only when we cooperate in strengthening local capacities that we can say we are serious about fighting impunity where it occurs, that we can give real meaning to old saying that, “Justice should not only be done but be seen to be done.”
In 2009, the United Nations Secretary General published a Report entitled, “Peace-building in the Immediate Aftermath of Conflict." In that report he stated that:
“Impunity for serious crimes and atrocities, including sexual and gender-based violence, which may have occurred before, during and after the conflict can seriously jeopardise peace-building efforts during this early phase”.
We have seen, time and time again, the horrific effects that these crimes and lack of accountability have on societies.
We also agree with the way in which Michelle Bachelet, the head of UN Women has formulated the challenges we face in these situations:
First, it is crucial that we do not lose sight of the broader range of gender-based crimes that women are forced to endure.
Second, we must address gender inequalities that women experience that make them more vulnerable to sexual and gender-based crimes during and after conflicts.
Third, we must pool our efforts as an international community, as national governments, as civil society and as individual actors. UN Women is proud to be a part of UN Action Against Sexual Violence in Conflict to prevent, address and secure accountability for conflict-related sexual and gender-based crimes.
South Africa, having firsthand experience of the impact of apartheid, as a crime against humanity, continues to emphasise the importance of the fight against impunity and the reciprocal relationship between justice and accountability, and sustainable peace and security.
The spirit of South Africa’s constitution and democratic values make us mindful of the pressing need to protect the most vulnerable of our societies and we therefore encourage the promotion of accountability for gender based crimes and crimes against children.
The inclusion of sexual violence in the Rome Statute is evidence that these crimes form part of the atrocities that are of gravest concern to the international community as a whole and in more recent times, we have seen the ICC focus in a more serious way on prosecuting sexual and gender based offences as a crime against humanity.
At a domestic level, South Africa’s Justice Crime Prevention and Security Cluster, which is co-ordinated by the Minister of Justice, and includes departments of Police, Defence, State Security, Home Affairs, the National Prosecuting Authority, as well as Social Development and working closely with the Department for Women Children and Persons with Disability has prioritised contact crimes and sexual and gender-based violence in particular.
The cluster understands that its objective of ensuring that all in South Africa are safe and feel safe will not be achieved until the scourge of sexual and gender-based violence is dealt with.
We also understand that fighting crime and corruption is inextricably linked to the realisation of our other national priorities, namely: education; health; economic development and job creation; as well as land reform and rural development and the implementation of our National Development Plan generally.
We are committed to fighting all forms sexual and gender-based violence, including against Lesbian, Gay, Bisexual,Transgender, Intersex people on the basis of their sexual orientation.
We condemn hate crimes, including so-called "corrective rape" in the strongest terms. Gender based violence and hate crimes are a direct assault on both the right to life and human dignity and all of us have a duty to combat them.
Last week the Department of Justice and Constitutional requested the South African Human Rights Commission to investigate a private school in Bloemfontein that makes so-called “conversion therapy” a precondition for lesbian and gay students to continue their studies.
The notion that a person’s sexual orientation can be changed at will, or by compulsion, feeds the very same homophobic attitudes that encourage the criminal and abhorrent practice of so-called, “corrective rape.”
Within the JSCPS Cluster the Department of Justice and Constitutional Development and the National Prosecuting Authority continue to prioritise the prosecution of sexual offences and gender based violence.
The NPA is committed to ensuring that the best possible services are rendered to victims of sexual offences and gender-based violence. We recognise that the needs of victims of these crimes are specific and different to the needs of other victims.
Much of this work is done by a dedicated and specialised Sexual Offences and Community Affairs (SOCA) Unit within the NPA. The Unit was established by a Presidential Proclamation in terms National Prosecuting Authority Act No. 32 of 1998, and is headed by by Adv Thoko Majokweni, a Special Director of Public Prosecutions.
The mandate of the Unit is:
- To improve the successful prosecutions in cases of violence against women children;
- To ensure the systematic reduction of secondary victimisation within the criminal justice system as experienced by victims of crimes of violence and indecency against women and children;
- To increase the diversion of child offenders from the criminal justice process ensuring their exposure to rehabilitative as opposed to solely punitive programmes;
- To ensure access to child support and thus deal with the feminisation of poverty.
In order to achieve these objectives the Unit has, amongst others, designed and implemented the Thuthuzela Care Centre model.
The word “thuthuzela” is an isiXhosa word that means “comfort” and indeed Thuthuzela’s integrated approach to rape care is one of respect, comfort, restoring dignity and ensuring justice for children and women who are victims of sexual violence.
The Thuthuzela Care Centre model is a court directed, victim centred model aimed at improving the care and treatment of rape victims at all points in the criminal justice system hence reducing secondary victimisation; and ensuring speedy, effective investigation and prosecutions of sexual offences cases, a reduction in cycle times and increase in conviction rates.
The rape victim is first removed from the crowds at the police station to a more victim-friendly environment before being transported by ambulance to the Thuthuzela one stop care centre at the hospital.
En route, she receives comfort and crisis counselling from a trained ambulance volunteer and once at the centre, she is ushered to a quiet, private space, welcomed by the site-coordinator and a doctor immediately summoned to conduct a medical examination. Information on the procedures to be performed is then provided and the patient signs a consent form for medical examination and blood specimens.
If the medical examination happens within 24 hours of the rape, she is offered the opportunity to take a bath or shower and to change into soft, clean clothes to help cushion bruised feelings from the incident. After that, the investigating officer on call to the centre, takes the victim’s statement.
Thereafter, she receives appropriate medication and is given a follow-up date for further medical treatment, before being transported home. “This process ensures that service providers are available to a rape survivor in one location, rather than her being shuttled around throughout the criminal justice system.
In addition to respecting the dignity of victims this approach has also resulted increased conviction rates are up too.
Adv Majokweni has reported that, “Higher levels of awareness have resulted in an increased numbers of cases reported at police stations and taken immediately to the Thuthuzelas. In addition, there has been a dramatic drop in the time spent to investigate, prosecute and convict perpetrators – formerly from approximately 3-5 years, to less than 6 months today.”
This model has been recognised by UN Women, amongst others, as constituting international best practice and is being adopted in a number of other countries, including in Latin America where the even the name Tuthuzela Care Centre is used.
Over the past four years from 2008 until end of March 2012 the number of TCC sites increased from 17 centres dealing with 10 213 matters were reported at these sites to 52 centres, fully as well as partially operation, at which 28 557 matters were reported. The conviction rate over this period varied between 60.7% and 64.45%.
Of the 52 TCC countrywide 32 are fully operational and a further 22 render some services and are in the process of being upgraded to fully operational centres.
During the past two years the number of matters reported at the centres increased by 39% from 20 496 to 28 557 and the number of cases finalised at court increased by 23.7% from 1761 to 2180.
Legislation such as the Sexual Offences (Sexual Offences and Related Matters) Amendment Act 32 of 2007, and the Criminal Procedure Act 51 of 1966, also represent international best practice and prosecutors receive extensive training in their practical application.
In terms of section 66(2)(b) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2006 the NPA is required to develop training courses for prosecutors.
Since July 2008 to December 2012, 43 training sessions for prosecutors dealing with sexual offences have been conducted, training 1092 prosecutors. The National Prosecuting Authority of South Africa (NPA) has also developed and conducted integrated training for role players in the criminal justice system, namely prosecutors, South African Police Services, the Departments of Health and Social Development, and NGO’s. 46 sessions have been conducted, with 998 delegates trained.
The NPA has also successfully introduced a Court Preparation Programme aimed at empowering witnesses to be more effective witnesses and to decrease the potential of them experiencing secondary victimisation. The 141 Court Preparation Officers (CPOs) and 5 Managers that have been appointed so far assist with Victim Impact Statements in regional, district and high courts specialising in Sexual Offences, provide services in 75 courts in all 9 provinces.
Whilst we have made significant progress we have yet arrived at the point where we can honestly say that we have done all we can, as best we can, to combat sexual and gender-based violence and to ensure that perpetrators are brought to justice.
One important area requiring speedy attention is the reintroduction and expansion of dedicated courts to deal with sexual offences. Experience has shown that, despite a number of challenges these courts have been very effective. Last year the Minister of Justice formed a Ministerial Advisory Team on Sexual Offences to advise how best these courts can be reintroduced and expanded. The report of the team was received at the end of last year and is being studied.
I would like to conclude by wishing you well with this training course, may it and the many other initiatives that are seeking to build the capacity of criminal justice systems, enable all of us, nationally and internationally, to assert with the same confidence as did those who marched on the Union Buildings on 8 August 1956:
“You have touched the women, you have touched the rock of justice, you will be brought to account.”
I thank you.
Merci beaucoup.
Muito obrigado.
Shukran.
