Tshabalala-Msimang at the seminar on harmful traditional practices
30 March 2009
Programme director, National Prosecuting Authority (NPA) Advocate Thoko
Majokweni
Your Excellency, Ambassador of Austria to South Africa Otto Ditz
Austria Substitute Constitutional Judge Justice Lillian Hofmeister
Chairperson of the National House of Traditional Leaders Khosi FP Kutama
Commissioner of the South African Law Reform Commission Advocate Thuli
Madonsela
Civil Society: Growth Acceleration Programme (GAP), People Opposing Women Abuse
(POWA), South African Women in Dialogue (SAWID), Sonke Gender Justice
Distinguished diplomats and guests
Ladies and gentlemen
First and foremost let me take this opportunity to welcome you to this
meeting and for taking the time to participate in this important process we are
embarking upon today.
I wish to extend a special welcome to His Excellency, Dr Otto Ditz,
Ambassador of Austria to South Africa, Justice Lilian Hofmeister, Judge in the
Australian Constitutional Court, and distinguished diplomats from the Austrian
Embassy. I extend warm wishes to you from The Presidency of South Africa. I
also want to thank the embassy for embarking upon this joint collaborative
venture with The Presidency and the National Gender Machinery. Our efforts in
this process will not only impact on South African women and men, but on women
and men at the global level.
We are indeed honoured that the Austrian Parliament and government have
considered South Africa as a partner in this endeavour towards achievement of
full womenâs right not only for the citizens, especially women and girls of our
two countries but for the whole world. The Convention on the Elimination of all
Forms of Discrimination against Women (CEDAW) is one of the most critical human
rights instruments that governments are party to and its full implementation is
imperative if womenâ rights and human dignity are to be advanced.
In this regard, Excellency, I believe that our joint attempt to consider
Article five of the convention in particular the issue of harmful traditional
practices will meaningfully inform the deliberations of the CEDAW Committee in
Geneva in developing a general recommendation to the convention on this issue.
Furthermore, we may want to consider hosting a side event through a panel
discussion, at the 54th Session of the United Nations Commission on the Status
of Women (UN CSW) in 2010. We may want to showcase this joint project research
undertaking to the global world and share with them our findings and
recommendations we put forward to the CEDAW Committee.
Madame programme director
Allow me to inform the meeting of some of South Africaâs achievements in
terms of CEDAW. South Africa ratified the convention without reservation on 15
December 1995, and it is optional protocol in March 2005.
In 1997, South Africa accordingly submitted its initial report to the CEDAW
Committee. We have experienced some challenges in meeting the targets for the
second and third periodic reports to the committee, but I am delighted to
inform this meeting that we have finalised a comprehensive second, third and
fourth report, which was due 14 January 2009, and we have submitted to the
CEDAW Committee.
During the 53rd Session of the UN CSW, recently held in New York, I was able
to meet with the Chairperson of the CEDAW Committee and settle on a number of
issues. I also shared with her the outcomes of my meeting with the Austrian
Minister for Public Administration and Gender Equality towards our joint
venture. I am led to believe that South Africa will only be requested by the
CEDAW committee to present the country report sometimes next year.
Madam programme director
Among some of the important commemorative events that we mark nationally
each year, such as International Womenâs Day on 8 March and National Human
Rights Day on 21 March, we will also be celebrating our 15 years of freedom, as
well as the upcoming national elections. Notwithstanding these, allow me
programme director, to also remind ourselves that 2009 marks the 30th
anniversary of the adoption of the Convention and the 10th Anniversary of its
optional protocol. Coincidentally, it is also the approach of the twentieth
anniversary of South Africaâs ratification of CEDAW.
South Africa will commemorate all these events, particularly that related to
the human rights of women and girls, and the CEDAW, to especially ensure that
we effect its full implementation in the country. In this regard, the joint
collaborative venture we are undertaking with the Austrian Embassy and
government in 2009 comes at a very critical stage, both for South Africa,
Austria and the world at large.
Programme director
Given that this meeting will be deliberating on just one aspect of the
convention, I believe it would be expedient of me to at least share with
delegates very briefly what the most recent South African Periodic Report for
the period 1998 to 2008 is highlighting in general, but specifically on the
matter tabled before us today. Our first report recommended that there be a
separate chapter reporting on measures taken on violence against women and
girls. Our present report has therefore included a comprehensive chapter in
this regard. This in our view, in the context of harmful traditional practices,
such as female genital mutilation (FGM), forced marriages, etc form part of
violence against women and human trafficking.
The report clearly outlines and assessed the progress we have made since the
initial report. It highlights our achievements for this period but also
identifies those challenges that still remain in terms of advancing the rights
of women. In addition, the report proposes measures required for greater
impetus in womenâs empowerment and gender equality in the country.
The report has allowed us to analyse critically the situation of women in
the country. Broadly speaking, some of the critical findings of the report
indicate the following:
* We have increasingly created opportunities for mainstreaming gender equality
goals in national processes and transformation priorities.
* The attitude regarding the place of women in society has generally improved.
The report shows this in terms of the great strides we have made with regard to
the numeric representation of women, especially in the political and public
spheres.
* In general, the context of transformation has presented remarkable
opportunities for womenâs empowerment and gender equality.
* The implementation of the CEDAW has benefited us from a human right
perspective. This has ensured that government views violence against women as a
gross violation of human rights, and therefore, womenâs rights. As government,
we have therefore prioritised the eradication of violence against women and
girls.
* There is a significant progress on the protection of the rights of women
workers, in particular for domestic workers
* Our legal framework is our success story especially in promoting and
protecting the human rights of all women and in ensuring that unfair
discrimination is eliminated.
* Progress in terms of increasing opportunities of access by women to income
generation, the economy, health care, education and political participation has
been noted.
However, the report acknowledges that patriarchy and patriarchal attitudes
still persist in the South African society, and which at times manifests itself
in negative and harmful ways against women and girls. It is cognisant that
gender based stereotyping and prejudice is rooted in the gender discourses of
masculinity and femininity with concomitant prescribed behaviours, norms and
attitude that ultimately lead to discrimination and gender-based violence. It
identifies this as the articulation or enforcement of, power hierarchies and
structural inequalities that are informed by belief systems, cultural norms and
socialisation processes.
Madam programme director
Having said this, I must add that I am delighted to state that the report
indicates that in the South African society, the opportunity and capacity for
transformation of gender relations is being galvanised within a discourse of
deepening democracy and transformation of power relations to reflect the
constitutional values of freedom, equality and dignity in a non-sexist and
non-racist society. Changes to customary law have opened up opportunities for
women and girls to chieftaincy, inheritance rights, equality in marriages
including customary marriages outside civil processes, and to inheritance of
property. In addition, we are also proud to state that we have achieved
progress in terms of Muslim Marriage legislation and proposed legislation on
human trafficking which will be gazetted shortly for public comment.
Ladies and gentlemen
Our CEDAW report, Article five on Sex Roles and Stereotyping responds to the
issue at hand today. It outlines a case study in which the ruling of the
Constitutional Court enforced the stereotypical role of women as care-givers
and that of men as bread winners. This presents challenges to the country on
how the Judiciary interprets issues. It also outlines the issue of the cases on
dress code and culture, and in one of the instances, the Commission on Gender
Equality (CGE) was able to successfully litigate in favour of the women, and
thus all women in general.
In addition, the report also speaks to harmful traditional practices such as
witchcraft and targeting of women as purveyors of the practice, female genital
mutilation (not widespread in the country but it is occurring; perhaps much of
it is really because it is imported from the rest of Africa through migration
and refugees), virginity testing, abduction, forced and early marriages,
certain practices of widowhood, among others.
However, we acknowledge categorically that not all cultural practices are
harmful, for example, healthy postpartum practices that include rest,
cleanliness, love, and good nutrition and long period of breast feeding are
good for the heath of both mother and child.
However, female genital mutilation, early marriage, etc severely restricted
weight gain during pregnancy, withholding colostrums from newborn babies,
postpartum nutritional restrictions to mention but a few, is harmful and need
to be addressed.
Adduction, forced and early marriage has recently been identified as another
form of harmful cultural practice currently practiced in South Africa. I held
an Imbizo on 24 March 2009, in the Eastern Cape where this practice has been
identified to be rife. The purpose of the Imbizo was a fact finding mission and
to sensitise the community. It was a collaborative effort with different
stakeholders, which included traditional leaders, political leaders, school
teachers, school children, the youth, as well as the community at large to
address this practice. The Imbizo emerged with a number of resolutions going
forward, one of which is the signing of a memorandum of understanding between
the organisation of traditional leaders and government on preventing
âUkuthwalaâ. The Presidency and Controlesa are soon to sign a pledge or
agreement in this regard, and to develop a plan of action to address the issue
of âuKuthwalaâ. I have no doubt in my mind that this practice is also occurring
covertly in other parts of our country.
The Sexual Offences and Community Affairs unit in the National Prosecuting
Authority held a three day conference last week to develop an integrated plan
to combat human trafficking. Although human trafficking is not a cultural
practice, it is regrettable to note that majority of trafficked individuals are
women and children, and some of who are abducted for sexual and marriage
purposes or sold into this process. Their human rights and ability to make
choices are therefore violated and infringed upon.
Harmful traditional practice is recognised as a manifestation of gender
inequality that is deeply entrenched and rooted in social, economic and
political structures and practices, which perpetuates normative gender roles
that are unequal and harm women.
It is widely acknowledged that economic inequalities is a causal factor for
violence against women and girls, both at the level of individual acts of
violence, and at the level of broad based economic trends that create or
exacerbate the enabling conditions for such violence. Womenâs poverty and
economic inequalities, concomitant with the discrimination and gender
inequalities they face, reduces womenâs capacity to act and take informed and
considered decisions.
This correlates with the increase in their vulnerability to violence and
hence are subjected to these traditional practices that are harmful to them.
The current global crisis, and the manner in which it unfolds, will have
consequential effects on women and young girls. This will impact negatively in
the sense that it will increase their vulnerability to acts such as abductions,
forced and early marriages, trafficking in women and girls for sexual and
economic exploitation, among others.
The research undertaking that we are embarking on must take into
consideration the geographic locations of these different types of harmful
traditional practices, and correlate them with the levels of poverty in that
area. The research must look at the relationships between the incidences and
the rural, urban or peri-urban nature of the areas, if our findings are to
speak to the heart and core of the causal nature of the problems and therefore
how they can be addressed.
These harmful practices are usually negotiated between families and within
communities supported without question. Members of the extended family are
usually involved in decision-making about forced marriages although women are
usually responsible for the practical arrangements for the ceremony. Some of
the practices are social conventions governed by rewards and punishments which
are a powerful force for continuing the practice. So anyone departing from the
norm may face condemnation, harassment and ostracism.
The practice cannot be abandoned without support from the wider community as
the practices may continue even when it is known to inflict harm upon women or
girls because the perceived social benefit of the practice are deemed higher
than its disadvantage. Sometimes these practices are equated to culture and
custom, which they are not. In fact, they are tantamount to the gross violation
of human rights.
Changing harmful traditional practices is a complex process that must
involve all stakeholders, including community members who request and provide
the practice, traditional leaders, religious groups, the media that may be
reluctant to speak out about the practice, government officials especially law
enforcement officials, health providers who may support the practice not fully
understanding their impact.
Therefore this joint venture we embark upon today is very critical towards
the elimination of these practices. While some cultural norms and practices
promote womenâs human rights, customs, traditions and religious values can be
used to justify violence against women. We need to interrogate the conception
of culture and what constitutes it.
There is a need to understand the power balance such as the position, i.e.
socially, economically, ethnically and politically of the recipient. An
individual's status in the community clearly can influence efforts to change
harmful practices. Lower economic status commonly leaves women, children and
the youth especially vulnerable.
A harmful practice often has strong cultural underpinnings. Individuals and
communities may hesitate to sacrifice what is perceived as important, although
they recognise a practice is harmful. Offering substitute activities or a
modified version of the practice may be constructive. For example, there is a
worldwide debate on the necessity of male circumcision, which is performed for
a variety of reasons in many places. Information as much as possible should be
collected about different cultural practices in order to gain broad insight.
While girls and their families are willing to forego abduction, forced and
early marriages or other traditional practices that undermine the rights of
women and young girls, they may not want to give up the joyful ceremonies,
gift-giving, and educational opportunities that accompanied the practice.
Therefore, alternative ceremonies may be designed by the communities with great
success. Underpinning all these must be a comprehensive community development
approach.
Children and young women need extra empowerment and protection since they
cannot protect themselves and cannot make mature decisions. Unfortunately,
those performing harmful practices often are doing what they think is best for
a child. We need to ensure that the recipients really understand the risks and
benefits of the practice. Everyone needs to personally and freely decide to
undergo the practice. This is especially difficult when a practice is so common
that none of involved parties are genuinely aware of options and dangers.
We need to respect a positive or âneutralâ traditional practice, this is
commonly seen when health care providers respect a practice they know is not
harmful, it helps create a positive relationship with the clients
It is often difficult to understand the actual physical, psychological and
mental health impact of a practice.
Programme director
In conclusion, I want to encourage the active participation of all delegates
in discussions today. I envisage a number of concrete recommendations that will
emerge which can be taken forward.
I wish you successful deliberations.
Thank you and the struggle continues!
Malibongwe!
Issued by: The Presidency
30 March 2009
