Presentation to the Portfolio Committee on Women, Children,

Youth and People with Disabilities20 March 2013

1

INDEX PAGE1. Introduction

2. Research Department – Programmes The Victims Charter Report The Gender Barometer Report 365 Days Action Plan Legislative – Policy Briefs3. Legal Department Traditional Courts Bill SAFA Hearings EE Hearing Complaints & Litigation Monitoring International Instruments (CEDAW, BEIJING and MDGs)4. Public Education & Information Maternity Benefits Consultative Dialogue of Sex Work AGDI Women‘s Month 16 days of Activism

INTRODUCTION

This report provides an overview of performance for the period April to December 2012. As amplified below, roll out of programmes agreed to in the APP have been in some quarters slower than desired. Management is taking the necessary corrective action and to ensure that all targets will be met at the end of the financial year.This first quarter was characterised by a number of PFMA compliance processes, including but not limited to finalisation and submission of Annual Financial Statements and the Annual Report to the AGSA and NT, lodging the strategic plan with Parliament, presenting the strategic plan and Annual Performance plan to Parliament

The second and thirds quarter were characterised mainly by rolling out and executing activities planned in the APP.

3

RESEARCH DEPARTMENT Programmes:

For the current financial year Research department has been focusing on following projects

Policy briefs/ dialogues Report on the monitoring and evaluation of the Victims Charter

(victims charter report) Gender barometer- specific focus to be on Provincial and Local

Government tiers Monitoring and evaluation of the 365 days action plan Building capacity and/ skills

4

RESEARCH DEPARTMENTThe Victims Charter Report:

The Department seeks to fulfil CGE’s monitoring and evaluation responsibilities. In 2004, Cabinet approved the South African Services Charter for Victims of Crime (normally referred to as the Victims Charter). The Charter highlights seven rights of victims that have to be observed. Different government departments had obligations towards empowerment of victims of violence.

In line with the mandate of the Commission to monitor and evaluate state organs, the research department monitored implementation of the Victim’s Charter from gender equality perspective.

5

RESEARCH DEPARTMENT

In the current financial year the Department of Health and Department of Correctional Services were monitored and evaluated. It must also be reported that the CGE struggled to get the necessary permission to carry out its work.

For the reporting period, the CGE worked on and finalized its plan, which included but not limited to finalization of instruments utilized, identification and selection of one stop centres and health facilities and correctional facilities to be evaluated and commencement of field work and analysis of data collected.

The draft analysis report highlights the fact that there is lack of training of health workers on forensic health which helps with collection of evidence and examination of victims of violence.

6

RESEARCH DEPARTMENT

Gender barometer: This study entails monitoring and evaluating gender mainstreaming in the public sector. The focus for this second phase of the study is Provincial and Local government. The CGE also concentrated on training stakeholders/departmental personnel to ensure that proper information is furnished and that the tool is correctly completed. (The national Report, phase one, some tools were submitted with incomplete information).

Implementation of the tool has commenced and two departments (Human Settlement and Public Works and two municipalities have been evaluated.

7

RESEARCH DEPARTMENT

The parties participating in this study were supposed to submit completed tool by October 2012. It should be noted that this web based tool is at its teething stage and a number technical and software problems have been highlighted through various engagements on the tool. The CGE is concurrently re-designing the tool so it becomes simpler. The redesigning work will be finalized in the next quarter.

365 Days Action Plan: The study entails monitoring the implementation of the 365 days National Action Plan. Similarly as with the Victims Charter a number of stakeholders, from Public sector, private sector and civil society had committed to number objectives. This report was launched during 16 days of Activism.

8

9

10

Summary of Findings

The study revealed that the implementation of 365 Days plan faced structural and systemic challenges that hindered the implementation of 365 National Action Plan entailed poor planning, lack of coordination and accountability, capacity issues and that there was confusion in terms of demarcation of responsibilities among the stakeholders. Although the plan was costed, there was inadequate state budgetary allocation for the implementation of the plan as well as for monitoring and evaluation systems.

CRITICAL LEGISLATIVE IMPERATIVES

Policy Briefs:For the period under review, the CGE trained and up-skilled Research Officers on writing policy briefs. Five draft policy briefs focusing on

the following CGE research reports have been developed

land study, widowhood, private sector, water study and Education report

11

The policy briefs highlight the findings and recommendations of the above listed research reports.

The Water Study Policy Brief reveals general failure by the Water Sector to prioritize gender mainstreaming, in particular a widespread lack of understanding or knowledge of relevant gender policy and legislation at local government level.

Education Report reveals that In spite of the 1996 Gender Equity Task Team (GETT) recommendations, Acts and policies aimed at eliminating gender discrimination in the education system, indications are clear that the country is falling short of this realisation. There is a clear need for a Gender Policy to be formulated by the Department of Education so that there is uniformity across all provinces and schools in terms of how measures directed at eliminating gender discrimination are implemented.

RESEARCH DEPARTMENT

12

RESEARCH DEPARTMENT

Widowhood study revealed a number of serious issues that require attention of policy makers both in public and private sector;

There is an urgent need for the review of legislation relevant to widowhood, including widows’ access to the estate of their diseased spouses.There is a need for visibility of support systems and stakeholders that deal with widowhood so that they can be easily accessible.Continuous monitoring and evaluation of government’s compliance to international and regional treaties that protect the rights of widows is needed,Widows and widowers need to be engaged in stakeholder discussions in identifying unconstitutional practices and beliefs that need to be abolished

13

14

Policy Dialogues

The Department planned to hold dialogues informed by the policy briefs, the objective of these dialogues is to ensure that findings of previous research work and related reports are disseminated to policy makers in order to contribute knowledge towards public policy debates and influence decision making processes towards promotion of respect and protection of gender equality.

For the reporting period the department has held 13 dialogues with different departments. It must be noted that some senior managers have been sending GFPs to these dialogues which posed a problem as this went against the objectives of the programme which is targeting policy and/ decision makers.

LEGAL DEPARTMENT

Traditional Courts Bill For the period under review the CGE participated in TCB hearings that were held throughout the country with the objective of participating and presenting the Commission’s position on this bill as well as to monitor how the actual process of the hearings were handled.

The department held hearings in the North west Province, as a measure to engage and consult with various communities in order to ensure that CGE’s submission is based on the views of the people on the ground.

Inputs in other pieces of legislation

• Women Empowerment and Gender Equality Bill

15

LEGAL DEPARTMENTInput into CGE Act AmendmentGreen Paper on FamiliesGuidelines on Film and Publications ActBasic Conditions of Employment Amendment

BillCriminal law Amendment Bill (Sexual

offences and Related Matters)Labour Relations Amendment Bill

16

LEGAL DEPARTMENT

Gender Transformation Hearings The CGE convened a hearing with the South African Football Association (SAFA), to address matters relating to the promotion of women’s football, and gender transformation within SAFA itself. This hearing arose from the CGE’s investigation initiated by a complaint received from the South African Women’s Football Association (SAWFA).

This complaint raised concerns around recognition of SAWFA’s membership by SAFA, and inadequate support for women’s football. Flowing from the hearing, the CGE called upon SAFA to provide leadership on gender transformation and mainstreaming of gender in its institutions and programmes.

17

LEGAL DEPARTMENT

Provincial Employment Equity Hearings

Mpumalanga and Northern Cape provincial Offices held Employment Equity hearings where various departments and private companies were called upon to account on mainstreaming of gender in its institutions and programmes.

Hearings for other Provinces will be held in the last quarter

18

LEGAL DEPARTMENT

PROVINCE MATTER COURT

MPUMALANGA APPLICATION BY CGE TO BE ADMITTED AS AMICUS IN A CHIEFTAIN MATTER

HIGH COURT

EC XHOSA LINEAGE HIGH COURT

WC MAINTENANCE OF SURVIVING SPOUSE HIGH COURT

WC DIVORCE REGIONAL COURT

WC UNLAWFUL EVICTION MAGISTRATE

WC DOMESTIC VIOLENCE FAMILY COURT

WC RAPE HIGH COURT

NC HATE SPEECH EQUALITY COURT

Complaints Handled•For the quarters under review 467 members of the public called and visited the CGE offices nationally for consultations and lodging of the complaints. 167 files were closed and/ or finalised in the same period

Litigation

19

LEGAL DEPARTMENT

Monitoring International Instruments

The three departments within the commission have formed 3 working groups to monitor and craft a report on the following instruments ratified by SA:- CEDAW BEIJING MDGS

The groups have finalised desktop research. This phase entailed getting information about departments under different articles or areas of concern. The groups are currently verifying the information with relevant departments.

20

PUBLIC EDUCATION AND INFORMATION DEPARTMENT

Overview  The CGE runs a series of interventions which includes but not

limited to dialogues, seminars, and information sessions. PEI was involved in the following interventions for the period under review:

Maternity benefits- The CGE facilitated a follow-up meeting emanating from national dialogue in partnership with COSATU on access to maternity benefits for self-employed women. A number of recommendations were developed, including but not limited to engaging Women’s Ministry and the Portfolio Committee on Labour on non ratification of the ILO Convention on maternity benefits and identification of possible test cases.

21

PUBLIC EDUCATION AND INFORMATION DEPARTMENT16 Days of Activism activities A concept paper was developed to provide guidance to provinces

on activities to undertake for this period. The expected outcomes of the campaign were to increase awareness on the role and functions of the Commission; to strengthen partnerships and collaboration with NGOs, CBOs, FBOs etc.

Provinces developed calendar of events which emanated from the concept document.

4 Provinces held mini-launches of the 365 days NAP report. Interventions on LGBTI issues were held. Dialogues commemorating World Aids day were also undertaken. Some provinces held interventions involving men’s movements on

violence against women.

22

PUBLIC EDUCATION AND INFORMATION

UN Unite CampaignThe CGE adopted the UN Unite to end Violence against WomenCampaign.Training on the Africa Gender and Development Index

The United Nations Economic Commission for Africa(UNECA) developed the African Gender and Development Index (AGDI) in response to the challenge African member States face in implementing gender equality and Women’s empowerment commitments. The AGDI aims at measuring the inequality between women and men in Africa and assess progress made by African governments in tackling these disparities in line with their national, regional and international gender equality and women’s empowerment commitments.

23

PUBLIC EDUCATION AND INFORMATIONPEI arranged training on the AGDI by two UNECA members

for CGE staff members and commissioners on 10-11 December 2012. Stakeholders such as Sonke Gender Justice, StatsSA and DWCPD were also invited to take part on the training. A full report on this training is currently being drafted and will be available in the next quarter.

24

PUBLIC EDUCATION AND INFORMATION

Consultative dialogue on sex work

The CGE Research department compiled a draft concept document on Sex Work with a view to stimulate discussions that will inform a formal organizational position on Sex Work/Prostitution. A position paper will be adopted in the 4th quarter.A dialogue was hosted by the CGE in collaboration with the CGE Legal Department where different stakeholders such as SWEAT, LRC, COSATU, FEDUSA and WLC presented on options relating to decriminalization, legalizing and criminalization of sex work with a view to augment the research synthesis developed.

 

25

PUBLIC EDUCATION AND INFORMATION

CGE-NDI-SA Partnership on Women’s Political Participation Project

The project plan was developed and two sets of tools were developed and finalized. The CGE’s participation will focus on facilitating engagements with political parties which will culminate into a political party assessment dialogue in August 2013.

26

PROVINCIAL HIGHLIGHTSMpumalanga

The Province held a round table discussion on Women empowerment in Gutshwa Tribal Authority. This was an initiative where the department of Rural development and Land Reform was given an opportunity to engage the community on programmes they are running that are geared towards women empowerment.

Western Cape Following the death of a 19 year old black lesbian youth from Phillipi, Western Cape, the CGE felt the need to contact the family of the deceased and managed to arrange a memorial service in memory of Sihle Sikoji on the 11th December 2012. The incident of Hate Crimes being perpetrated against the LGBTI community is on an increase in the Province and there is certainly a dire need to focus our PEI programmes to highlight the plight of LGBTI violence in the Western Cape and reiterated the need to plough more public awareness and education initiatives into the public arena in partnership with key stakeholders.

27

PROVINCIAL HIGHLIGHTS

Northern CapeEmployment Equity Hearings were held on 28 and 29 November 2012. The hearing highlighted gaps on levels and skills of GFPs and highlighted a need to undertake research on the effective functioning of the GFPs. This recommendation has been effected into next financial year’s plan.

Eastern Cape The office engaged with the Provincial Legislature with the view to

agree on conducting educational programmes that targets local municipalities. This was a collaborative initiative by the C9 forum. For the reporting period two community programmes targeting Mzivubu and Kouga Local Municipalities.

28

PROVINCIAL HIGHLIGHTS

Kwa-Zulu NatalUkuthwala

The office had conducted a survey on the State response to ukuthwala in KZN. This survey was sparked by reports in the areas of Umzimkhulu, Bergville, Zwelibomvu and KwaMaphumulo; that ukuthwala of young school going children was very rife.

From the report it became clear that provincial government has not strategically dealt with ukuthwala and

child marriages. It was also evident that there is a lacuna in the legislation in relation to ukuthwala.

29

ANNUAL PERFORMANCE TRACKING TABLE

CEO Performance table 1 October to 31 December 2012 (3) (5).doc

30

STRATEGIC OBJECTIVE 4Adoption of Terms of Reference for CGE’s Committees

Section Six Committee Educations and Research ITC Committee Finance Committee Strategic Plan and Monitoring and Evaluation Human Resources Committee Legal Committee

The following Policy documents were drafted and adopted:- Handbook for Commissioners

Four plenary meetings were held for the period under review.

31

THANK YOU!DANKIE

SIYABONGA

32