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The Commission for Gender Equality (CGE) was established in terms of section 181 of the Constitution. It derives its mandate from Section 187 of the Constitution (Act No. 108 of 1996) as well as the CGE Act No. 39 of 1996. (As amended)

The CGE is tasked with a broad mandate to promote respect for gender equality and the protection, development and attainment of gender equality in South Africa.

Section 11 (h) of the CGE Act mandates the Commission to monitor and evaluate the implementation of international and regional conventions acceded to by South Africa, that impact on gender equality.

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The Commission has embarked on a number of activities and participated in several fora domestic, regional and at international level in pursuit of driving gender agenda.

2015 is a year when we see the expiry of the Millennium Development Goals.

It is also the year that the Member states to the SADC Protocol committed that they would have achieved the twenty eight substantive targets for achieving gender equality.

The conversations on the post 2015 agenda started during the MDG summit in September 2010 in Rio Brazil, with the realisation that there has been a significant failure in terms of achieving all the MDG goals, but not ignoring achievements made especially on poverty reduction.

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The SADC Protocol on Gender and Development was signed at the SADC Heads of States Summit held on the 16th and 17th August 2008 in Johannesburg.

The Protocol set 28 progressive targets which were set out to be achieved by 2015

Among those, major targets are:◦ Women will hold 50% of the decision making positions in the private sector and

the public sector;◦ Revision, amendments and repeal by 2015 of all sex or gender discriminatory

laws;◦ Ensuring equal participation of women and men in economic policy formulation

and implementation by 2015;◦ Adoption of integrated approach to reduce gender based violence by half by 2015.

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The aim of the SADC Protocol on Gender and Development is to empower women socially, economically and politically to eliminate discrimination, to achieve gender equality through gender responsive legislation, policies and projects.

The Protocol also caters for constitutional and legal rights, governance, education and training, productive resources and employment, health and HIV/ AIDS, peace building and conflict resolution, media and communication among other things that affect women directly.

SADC Ministers for Gender and Women Affairs met on the 2nd June 2011.

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Out of thirteen countries that signed the Declaration in 2008, only seven countries had endorsed and ratified the Protocol with the SADC Secretariat

South Africa was one of those that had not ratified even though they played the leading role in the crafting of the protocol.

South Africa only ratified the protocol in 2012.

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Constitutional and Legal – the Protocol has three measurable targets for Constitutional and Legal Rights. These include:◦ Endeavour to enshrine gender equality and equity in constitutions and ensure that

these are not compromised by provisions, by law and practices.◦ Review, amend and/or repeal all discriminatory laws.◦ Abolish the minority status of women

Gender and Governmento Representationo Participation

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South Africa ratified SADC Protocol in 2012 but the issue of inclusion of women has been on the agenda since the beginning of the democratic dispensation. Section 9 of the South African Constitution which is the Supreme legislation in the country provides that; 1. Every citizen is free to make political choices, which includes

the right:a) To form a political party; b) To participate in the activities of, or recruit members for, a political party; and c) To campaign for a political party or cause.

2. Every citizen has the right to free, fair and regular elections for any legislative body established in terms of the Constitution.

3. Every adult citizen has the right a) To vote in elections for any legislative body established in terms of the

Constitution, and to do so in secret; and b) To stand for public office and, if elected, to hold office

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South Africa has had more success stories in terms of putting in place policy and legislative framework to ensure gender transformation in relation to the provisions of SADC Protocol.

Independent Electoral Act-The outcomes of the 2014 elections were characterised by an overall drop in the representation of women as elected public representatives. From 43% to 39.7%.

Employment Equity Act 55 of 1998 to promote equity in the work place

Promotion of Empowerment and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA) to prevent discriminatory attitudes and promoting norms of decision making.

The White Paper on Affirmative Action of 1998 was developed by Government to transform the Public Service into an institution whose employment practices are underpinned by equity.

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The Public Service Regulations of 2001 provide a common approach to issues of remuneration (Chapter 4, Part 2 (41), health and safety (Chapter 4, Part 3 (46 & 47).

The Minister for Public Service and Administration launched the HODs 8-Principle Action Plan for Women Empowerment and Gender Equality in 2007, the same principles were institutionalised in 2008 for implementation by government departments. The 8 principles are the KPA for the HODs.

The action plan outlines principles which promote the advancement of women in the workplace through various transformative measures.

If implemented, the action plan would ensure that the public service achieves progress towards equity in the workplace.

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The DPSA has developed Guidelines for the implementation of the Employment Equity Act, to assist departments in the implementation of the Employment Equity Act by ensuring that equity targets for women and people with disabilities are established and implemented through the recruitment strategies of departments.

Foundation Management Development Programme (FMDP) - is the first building block in a manager’s career path and it lays the foundation for further development. The programme targets first line supervisor at salary levels 3-5.  

Emerging Management Development Programme (EMDP) - focuses on exponential career growth. Targeted at emerging managers at levels 6-8.

Advanced Management Development Programme (AMDP) – designed for middle managers on salary levels 9 -12 to prepare them for their upward movement into senior management services.

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Education and Training◦ Education is an important marker of progress in the ability for groups and

individuals to access social and economic power.◦ it is thus an important indicator of the positioning of women and men in any

country

It is also important to understand that availability, accessibility and acceptability of the education facilities are critical to compliance in terms of provision of Education in the country.

South Africa has two Education Departments; Basic Education and Higher Education

Formal Education therefore is divided into three levels, which are; General Education and Training (GET), Further Education and Training (FET) and Higher Education (HE)

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Legislative Framework The Basic Education Laws Amendment Act no 15 of 2011 has

revised the following act and incorporated relevant aspects of these acts.

The Basic Education Laws Amendment Bill, 2011 The Basic Education Laws Amendment Bill amends specific

provisions of the following legislation: South African Schools Act, 1996 The National Education Policy Act, 1996 The Employment of Educators Act, 1998 The South African Council for Educators Act, 2000 The General and Further Education and Training Quality Assurance

Act, 2001

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Policies and Guidelines Guidelines for the provision of boarding facilities in public ordinary

schools 23 July 2012 Rights and responsibilities of parents learners and public schools:

Public School Policy Guide 2005 Policy Document of Adult Basic Education and Training 12

December 2003 Improving Access to Free and Quality Basic Education to All 14

June 2003 National Education Policy Act 27 of 1996- Admission Policy For

Ordinary Public Schools 1stOctober 1998

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Gender Based Violence◦ Gender based violence is a form of discrimination that inhibits women’s ability to

enjoy their rights and freedoms on a basis of equality with men.

The protocol obliges the enactment and enforcement of the legislation prohibiting all forms of gender based violence.

The following legislative framework was put in place in response to the provisions of the SADC Protocol as well as other complementing international instruments in addressing gender based violence in the country:

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The SA Constitution Domestic Violence Act Criminal Law (Sexual Offences and Related Matters) Amendment

Act The DNA Act The Criminal Law (Sexual Offences and Related Matters)

Amendment Act 32 of 2007

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Programmes Re establishment of Sexual Offences Courts – 57 to be rolled out

across the country by 2017. Victim Empowerment Programmes provided by different

Departments and Civil Society organisations such as:◦ SAPS◦ DSD◦ Health◦ Justice

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Human Trafficking The Criminal Law (Sexual Offences and Related Matters) Amendment

Act 32 of 2007 Children’s Act 38 of 2005: Chapter 18 (sections 281-291) 2007

Amendment Films and Publications Board (FPB) 65 of 1996 Human Tissues Act 65 of 1983 The Corruption Act 94 of 1992 Prevention of Organised Crime Act 121 of 1998 Infringement of Immigration Act 13 of 1996 Refugee Act 130 of 1998 Extradition Act 67 of 1962 The Constitution of the Republic of South Africa Act 108 of 1996 Promotion of Equality and Prevention of Unfair Discrimination Act 4 of

2000 Sexual Offences and Related Matters Amendment Act 32 of 2007 Trafficking In Persons Act 2013

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Sexual and Reproductive Health -These rights rest on the recognition of the basic right of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children and to have the information and means to do so, and the right to attain the highest standard of sexual and reproductive health.

Legislative Framework Constitution of the Republic of South Africa Act 108 of 1996 The National Health Act (61 of 2003) Medical Schemes Act 131 of 1998 Medicines and Related Substances Act, 101 of 1965 Choice of Termination of Pregnancy Act (92 0f 1996) Sterilization Act (44 of 1998) SA Medical Research Council Act 58 of 1991

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POLICIES National Contraception and Fertility Planning Policy and Service

Delivery Guideline Integrated School Health Policy National Strategic Plan on HIV, STI, and TB: 2012-2016 HIV Counselling and Testing Policy Guidelines South African National Oral Health Strategy Integrated Nutrition Programme (INP) SANAC

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SANAC OBJECTIVES: Advise government on HIV, AIDS and Sexually Transmitted

Infections (STIs) policy and strategy, and related matters Create and strengthen partnerships for an expanded national

response to HIV and AIDS in South Africa Receive and disseminate all sectoral interventions to HIV and AIDS

and consider challenges To oversee continual monitoring and evaluation of all aspects of

the NSP.

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The DoH 2012/2013 Annual Reports indicates that the department with the aim to improve access to sexual and reproductive health had three indicators which were;

Cervical cancer screening coverage - 1.4% improvement on the training of health care providers

Couple Year Protection rate - 2.8% improvement on comprehensive Sexual Health training

Percentage of facilities with contraceptive services - The 30% target was met and exceeded with 20%.

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Media Information and Communication Section 14 of the South African Constitution of 1996 states,

"Everyone has the right to privacy, which includes the right not to have –

(a) their person or home searched; (b) their property searched; (c) their possessions seized; or (d) the privacy of their communications infringed."

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Policiesa) ICT Policy Review - The Minister of Communications launched a process to

review Information and Communications Technology (ICT) policies through the hosting of a National ICT Policy Colloquium on 19th and 20th April 2012

b) Broadcasting Digital Migration - Digital Migration Policy which sets the parameters of migrating the country’s broadcasting from analogue to digital and meeting the ITU resolutions

c) Broadband - Broadband is an enabling infrastructure for building the knowledge economy and information society and for accelerating the socio-economic growth and development of South Africa

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South Africa is complemented by the global community as well as the other treaty bodies for good policy and legislative framework.

The major challenge that is always highlighted is lack of knowledge of the frameworks by the beneficiaries.

This as a result is an indication that there is lack of consultation in a broader spectrum when the legislations are put in place as well as lack of popularisation of such legislations, hence transcending to poor implementation of such frameworks.

Political will and lack of buy in is also mentioned as some of the hindrances in relation to the implementation of SADC Protocol and other related international treaties.

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The United Nations, have been having conversations on the post 2015 agenda while African Union has launched Agenda 2063 which also keeps the momentum of extending post 2015 agenda and making a 50 years target.

The MDGs are and have made a real difference in people’s lives and, with strong leadership and accountability, this progress was expanded in most of the world’s countries by the target date of 2015.

Agenda 2015 on the other hand entails , efforts to achieve a world of prosperity, equity, freedom, dignity and peace will continue unabated.

This is a continuation of the road map paved by the MDGs.

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19 years after the adoption of this Platform for Action, most South African women still live in poor conditions with meagre salaries, with few skills, poor sanitation and inadequate basic necessities.

Achievements

South Africa places poverty reduction high on its agenda and continues to heighten actions and policies to address it through a wide range of strategies.

There are programmes in place to assist women and children through the social relief strategies that have been put in place.

These programmes are under the auspice of the Department of Social Development (SASSA)

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Challenges

Women in rural and remote areas constitute the majority of women in South Africa (57%), which is characterized by poverty, they still have difficulties in accessing health and social services, and a lack of participation in decision-making processes at the community level.

Customs and traditional practices, prevalent in rural areas, prevent women from inheriting or acquiring ownership of land and other property.

Women have high level of income poverty – high rate of unemployment; low wages caused by low skill and education levels and discrimination (gender wage gap still prevalent in SA); clustering of women in low-paid jobs; and non-recognition of women’s time spent on unpaid care work

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AGENDA POST 2015

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The UN is working with governments, civil society and other partners to build on this momentum generated by the MDGs and carry on with post-2015 development agenda.

Member states as well as Civil society organizations from all over the world have also begun to engage in the post-2015 process, while academia and other research institutions, including think tanks, are particularly active on the issue.

The post-2015 agenda reflects new development challenges and is linked to the outcome of “Rio+20” the Sustainable Development Goals (SDGs), that took place in June 2012 in Rio de Janeiro, Brazil.

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POST 2015 AGENDA continue.....

The outcome document of Rio+20, “The Future We Want,” called for the creation of an intergovernmental Open Working Group on Sustainable

Development Goals

SDG proposal contains 18 Goals – to be attained in 2030 and 169 targets covering sustainable development. Strong proposal for a stand alone Goal on Gender Equality.

Gender mainstreaming in all goals and to be rights based.

Sex disaggregation of all indicators. Data is fundamental in achieving set goals and targets.

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Organisation of African Union (OAU) was formed in 1963 when several African countries were gaining their independence from colonialism (1960 – 1970).

The Union was formed to assist the African Countries to advance the agenda for economic emancipation which led to the development of continental strategies for economic development.

All these development strategies were never effective to African countries because they were never enshrined into the National Development Plans, except for the NEPAD.

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Agenda 2063 was coined during the 50th celebration of the founding of the OAU/AU The 50thAnniversary Solemn Declaration entails Africa’s commitment to acknowledging

the past successes and challenges; Among the issues of priority, the AU member states guided by the principles enshrined in

the Constitutive Act of the Union and shared values, they committed to ensure promotion of gender equality and the empowerment of women and the youth;

The AU rededicated itself to the continent’s development and pledged their commitment to make progress in eight key areas:

African Identity and Renaissance The struggle against colonialism and the right to self-determination of people still under

colonial rule Integration agenda Agenda for social and economic development Peace and security Democratic governance Determining Africa’s Destiny Africa’s place in the world

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South Africa in making the AU pledge a reality, has submitted two reports already to the AU on the African Peer Review Mechanism (APRM), one in 2007 and the second one in 2011.

The purpose of the exercise was to share with other peer African countries, what South Africa has achieved over the past few years, in pursuit of the objectives enshrined in the Constitutive Act of the African Union.

Promotion of gender equality is one of the issues that are also reported on among other pertinent issues.

The National Government in pursuit of ensuring compliance and implementation of the key areas as stipulated by the AU Constitutive Act, had to put in place structures in place to enable service delivery. Such structures include:

Comprehensive Performance, Monitoring and Evaluation Programme Signing of performance and delivery agreements by Cabinet Ministers National Planning Commission etc.

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Reporting on Advancement of Gender Equality, the establishment of the Ministry of Women, was highlighted as the milestone in mainstreaming of the programmes aimed at promoting the Socio-economic advancement of women.

National Policy Framework on Gender Equality has been a roadmap to the mainstreaming of gender and promotion of gender equality within every sphere of government.

Implementation of Public Service Gender Equality Strategy, which assist government to attain 50% target representation of women

365 Days National Action Plan to eradicate violence Popularisation of ‘Project Ndabezitha’ (advocating for effective

implementation of Domestic Violence Act)

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South Africa is now hosting the AU Summit and the theme of the Summit is ‘2015 Year of Women’s Empowerment and Developments towards Africa’s Agenda 2063’.

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The Commission has produced three baseline reports on CEDAW, Beijing Platform for Action and the MDGs.

The reports presents the status of the country in terms of compliance and adherence to the International standards.

CEDAW and Beijing Reports were presented in Parliament on the 3rd March 2015 and they were well received.

The Commission is currently undertaking the project of African Gender Development Index (AGDI), which is a follow up process after the pilot that was conducted in 2005.

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AGDI is a tool that United Nations Economic Commission for Africa (UNECA) has developed to provide Member States with a monitoring mechanism for tracking their performance in implementing their international and regional gender commitments.

This tool allows African policy makers and their partners to assess their own performance in implementing policies and programmes aimed at ending women’s marginalisation and achieving gender equality.

It consists of two parts: the quantitative Gender Status Index (GSI) and the qualitative African Women’s Progress Scoreboard (AWPS).

CGE MONITORING COMPLIANCE WITH INTERNATIONAL INSTRUMENTS

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It also consists of a specifically African index in terms of three respects: African Charters; Power blocks (Social, Economic and Political) to identify gender gaps; National available statistics

The AGDI is a contribution to the Beijing Plus Ten review process.

A valuable and comprehensive tool for streamlining reporting on all regional and international gender documents (MDG, BPA, CEDAW, African Charter on Human and People’s Rights and its Protocol on the Rights of Women in Africa).

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“The index engenders a Rights Based Approach to the extent that it represents an “X-Ray” of

the status of women in a given country”-

AGDI 2011

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The AGDI was intended to address the lack of sex-disaggregated data and to overcome the technical challenges for tracking progress in the advancement of women and gender equality.

In developing this index, UNECA hoped to achieve the following objectives:

To provide African policymakers and their partners with an appropriate tool to measure gender equality and equity, and women’s empowerment and advancement;

To help monitor the progress made in implementing conventions that African countries have ratified;

To democratize statistics and qualitative monitoring tools that are easy to use and are effective; and

To stimulate interdepartmental cooperation within the Ministries in which it will be applied.

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There is lack of gender disaggregated data especially on the beneficiaries of social security, which makes it difficult to measure progression in terms of poverty alleviation.

It is therefore recommended that there is an urgent need to come up with the strategies that will be suitable to the beneficiaries to prevent the persisting dependency syndrome.

CONCLUSION

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