CGE

The CGE planned workshops and Gender Dialogues to be conducted throughout the country as a means of reaching out to the community and at the same time change the mind sets of those members of the society that need education in relation to gender equality

Foster an understanding of matters pertaining to the promotion of gender equality and the role and activities of the Commission. Create strategic linkages nationally to ensure mutual support, effective collaboration and recognition of the need to promote gender equality by:

Identifying and liasing with men’s movements in order to effect democracy and gender equality.

Ensure gender equity and mainstreaming in government departments, through effective positioning and institutionalisation of Gender Focal Points at all levels of government and in collaboration with gender machinery.

The Conference would aim at gathering information on current initiatives for the achievement of gender equality, and identifying problems experienced by women at all levels in governance. Furthermore, the Conference would assist the CGE in assessing and monitoring the promotion of gender equality by civil society, the public and private sectors, thus seeking to review the state of development with regards to Gender and Governance.

The intention is to provide an opportunity for these institutions and other social partners including government to reflect on policy development with regards to this subject and assess successes and failures with regards to this matter. The conference will strive to raise the debate on the subject and provide a platform for a critical engagement with the academia and broader society with a view of enlightening the province on the work that has been done and the limitations thereof.

As a new democratic society a lot is expected from this transition process. It is a well-established fact that the SA constitution is celebrated the world over as one of the best in many respects. It is crucial that we ensure that the high standard that we have set for ourselves with regards to the values enshrined in the constitution and the innovative principles are achieved. Being complacent on such issue may reverse the gains made thus far. Continuous critical engagement on such issues remains the challenge for all of us generally but more especially for the constitutional bodies (chapter nines).

To bring together stakeholders in the province to engage on the subject with a view of critically review progress being made in the aspect of Gender and Governance.

To provide an opportunity for an honest and transparent assessment of the state of best practice with regard to Gender and Governance both within the government and in the private sphere.

To propose mechanism of strengthening the positive aspects and ways of tackling the negative aspects.

Spatial Development Initiatives (SDIs) are a national government initiative aimed at stimulating economic activity in selected strategic locations throughout South Africa. There are more than 20 such initiatives at varying stages of development. In 1999, the CGE carried out a gender analysis of one such initiative, the Maputo Development Corridor.

Lack of women’s participation in SDIs.
Lack of accountability on the part of various role players.
Ineffective communication with local communities.
Lack of sex-desegregated data.
Lack of facilitating mechanisms (e.g. policy) to facilitate community participation, and in particular, women’s participation.

To ensure that gender issues (including planning in respect of HIV/AIDS) are incorporated into the planning and implementation of SDIs.

Transformation implies fundamental and deep-seated change, and the total restructuring and redistribution of power and resources. The CGE intends to exercise its constitutional mandate towards the promotion and protection of gender equality in a manner that will engage all role players. The Annual Report Card (ARC) is a tool for monitoring commitment to and compliance with constitutional principles in respect of the promotion and protection of gender equality. The CGE has been piloting the ARC since 2001.

To raise awareness, monitor and report on the development of policies and programmes, the implementation (or lack thereof) of commitments and legislative frameworks towards the achievement of gender equality, by both private and public sector institutions.

Interviews were held with selected departments to establish common departmental practices and trends in the promotion and protection of gender equality. Gender focal points and other relevant officials were interviewed for this purpose. Similar departments, service beneficiaries and other stakeholders in each of the nine provinces will be engaged at consultative workshops to establish more information before finalisation of the monitoring instrument (ARC). The ARC will then be administered across all departments during the current financial year.

Local government is the tier of government most relevant in service delivery and is a major actor in the development of communities and alleviation of poverty. The achievement of equal participation of women and men in decision-making not only reflects the composition of society. It is also necessary in strengthening and promoting democracy. Women, especially those in rural areas, constitute the majority of the poor with needs that they themselves can articulate. In carrying out its monitoring mandate, the CGE embarked on a multi-faceted project for the period leading up to and after the local government elections.

The proposed project is focused on an analysis of post local government election structures and processes and the development of guidelines for mainstreaming gender. One municipality (situated in a rural area) in each of the nine provinces has been selected for the project. Key concerns addressed in the project will include:

The relatively low representation of women at the local government tier and the application of the mixed Proportional Representation (PR) and Ward systems in the Local Government Elections 2000.

Gender-sensitisation of local government officials and the creation of an enabling environment for community participation in the development of Integrated Development Plans (IDPs).

It is anticipated that the project will result in the publication of a manual that will be used to inform and train local government officers (junior to most senior). Municipalities will be required to provide the CGE with information regarding post-election (2001) structures (councillors and officials), as well as the process of developing Integrated Development Plans.

Workshops will also be convened to sensitise councillors, officials and community representatives on the need to include gender considerations in development processes and service delivery. A report of the gender analysis of local government structures and processes in selected municipalities will be produced, with recommendations for local authorities and the Independent Electoral Commission.

The Recognition of Customary Marriages Act was promulgated almost two years ago. Although there was publicity around November 2000, not many women are aware of the provisions of the Customary Marriages Act. Otherwise, many more women would have registered their marriages and the newly married would be flocking to the Home Affairs offices to have their marriages registered. This has yet to be realised.

Divorce in customary marriages has to be conducted in accordance with the law. However many customary marriage divorces are still resolved by Traditional Leaders. As a result, these women are unable to obtain the benefit of having maintenance orders declared by the courts upon resolution of their customary marriages.

Simplify the provisions of the Act and produce a pamphlet in collaboration with the Department of Home Affairs.

Monitor the Home Affairs offices for registration of Customary Marriages from November 2002 to date. The jurisdiction, one urban and one rural, will be in each province.

Popularise the Act in the rural areas, especially stressing the deadline of November 2002 for registration. Collaborate with the PEI Department as well as the Home Affairs Department.

Check the level of knowledge of Home Affairs officials and Traditional Leaders of the provisions of the Act.

Monitor the involvement of Traditional Leaders in the dissolution of Customary Marriages contrary to the provisions of the Act. Alert the Department of Justice and Constitutional Affairs as well as the Department of Home Affairs.

Conduct training workshops with the Paralegals from those NGOs associated with the rights of women and the Traditional Leaders.

It is evident that, although the Domestic Violence Act 116 of 1998 has been promulgated, there are still a number of problems with the Act itself, particularly with aspects of its implementation. The CGE has attended to numerous complaints by women who are victims of domestic violence concerning the attitude of government department service providers/members. The problems range from a reluctance to serve victims of domestic violence to sloppy preparation of cases that have to be prosecuted by health professional members of the SAPS.

It is against this background - the apparent lack of co-ordination between the police, health and welfare sectors (including NGOs that provide support and counselling services to survivors) and the health risks that women are exposed to as a result of gender-based violence - that the CGE makes this submission.

The processes at the Police Station and the court, the length of period before the matter is finalised after the initial charge-laying by the complainants in DVA cases.
The differences between rural and urban areas in handling cases.
The level of knowledge of the provisions of the Act in the communities and by service providers.
Gender discrimination in implementing the laws (e.g. processing of femicide cases) will be monitored.
In criminal justice processes when a woman has been killed by her partner, – whether the male suspects are treated differently from other offenders, and the reasons.

PROJECTS