Submission to the Portfolio Committee on Women Children and

People with Disabilities on the Women’s Empowerment and

Gender Equality Bill

Samantha WaterhouseCommunity Law Centre, University of

the Western Cape

Endorsements (25 +2)Africaid Trust Open Democracy Advice Centre

Childline South Africa Thohoyandou Victim Empowerment Project – TVEP

Triangle Project Refugee Social Services

Centre for Law and Society, UCT Teddy Bear Clinic

Sonke Gender Justice Network Shukumisa Campaign

De Heide Children’s Empowerment Centre Sisters Incorporated

GRIP – Rape Intervention Project Women and Men Against Child Abuse

Gender Equity Unit, UWC St. Anne’s Homes

Gender Health and Justice Research Unit, UCT

Resources Aimed at the Prevention of Child Abuse and Neglect

Her Rights Initiative Oxfam in South Africa

MOSAIC – Training, Service and Healing Centre for Women

Western Cape Women’s Shelter Movement

National Shelter Movement Amanda Gouws – Commissioner, CGE

NICRO Benita Moolman

Nisaa – Institute for Women’s Development

Introduction• Welcome efforts to promote women’s empowerment

and gender equality – intent of the Bill– Note developments over the past 20 years

• However, overall, in its current form the bill will not achieve what is needed at this time– Agree with some aspects but these tend to lack substance– Bill fails to address key issues NOT already covered in law– Duplicates some existing law (amend and implement)– Analysis of and response to drivers of inequality is poor– Except regarding equality in employment, fails to address

implementation of existing law• Bill does not address the needs of majority of women• We need much more

Situation of women in SA• Initiatives and laws are not resulting in change• Need a much stronger intervention from government

and civil society – to do something differently– Violence and access to justice– Education (policies and practices)– Land tenure– Access to ECD and childcare (Multiple roles of women)– Quotas in existing laws

• Some women experience greater discrimination than others (intersectionality)– Black women, women with disabilities, poverty, economic

class, refugee women, rural women, gender non-conforming, sex workers

Patriarchy and Misogyny • At the core of the deep inequality and

disempowerment of women in every setting.– Vexes implementation of existing laws– Fuels discrimination in all settings, violence, access to justice,

inheritance, land etc.• We’re not meeting our international obligations • No programmes in place to challenge patriarchy• Weak reference to this in the bill• Will require responses besides the bill• Need leadership: Develop programme of action on this– Big task– Requires time and resources– Need complex responses, led by government partnership

with civil society

Limitations • This bill’s main impact would be on women in

formal employment in senior positions. – How will it address working class and unemployed

women?• Contains many clauses that touch on a number of

critical areas, yet these clauses: (p10 submission)– Duplicate or lack substance

• Need:– clear targets, intervention plans, timeframes,

monitoring and reporting, human and financial resources

• Vagueness of provisions, weak enforcement and ‘progressive realisation’ signal bill as aspirational

Need more than a new law• Comprehensive audit to address gaps in current

legislative and policy framework in all areas of women’s lives, substantial process:– Assess where the failures of implementation lie– Assess budgets and spending– Assess accountability mechanisms

• The bill starts to address workplace equity laws, but doesn’t address the weak implementation of these to date

• Clause 9(4)(c)(ii) is insufficient in this regard

Monitoring and Reporting• Monitoring is undermined by lack of information• Requirements for reporting to minister in this

bill are supported• Need to stipulate reporting to legislatures too• Reporting requirements must extend beyond

the limited issues raised in this bill to all law, policy and programmes regarding women’s lives

• Clear and detailed reporting requirements should be developed

• All department annual reports must follow these

Budgets and resourcing• Change for >50% of the population WILL cost more• Overall lack of provisioning, inadequate costing and

sourcing in all laws, policies and programmes• Even this bill will cost more then suggested– Relates NOT only to DWCPD– Relates NOT only to gender focal points in other

departments• If the measures contained in this bill, let alone other

legislation are to be achieved, they too require budgets (they have not been thought through)

• Mandatory women’s budgets across all departments needed

Enforcement

• Extremely weak in this bill• Extremely weak in respect of most legislation

relating to women

Definitions

• Lesbian, Gay, Bisexual, Transgendered and Intersex people (gender non-conforming) excluded

• Intersectionalities (except rural women and women with disabilities) not addressed.

Education and Training for implementation

• This would cost money across departments• Current efforts are poor or nonexistent• Departments need targets in terms of numbers

and quality of training• Public education on rights and duties is almost

non-existant• In addition to training, need strong

accountability and monitoring systems and mechanisms for complaint.

Equal representation and participation

• These clauses have value, but they – Duplicate existing frameworks– Only relate to women in senior positions

Gender mainstreaming and units• Clause 8, regarding measures to promote

mainstreaming are promising– But it’s discretional (‘may’ should be ‘must’)

• Some positive change in GFP position to senior level – level should be stipulated

• Will this work better than before? Depends on the regulations……….

• We need GFPs at local level offices, municipalities etc (also relatively senior)

• Without budgets for the various programmes (not just the position) GFPs won’t have any impact on women’s lives

National Gender Machinery

• Changes over the years lead to duplications• Need clear framework for the NGM

components• Include role and resourcing in terms of civil

society organisations

Conclusion• Support efforts to improve circumstances of

women• The bill in this form, will not achieve this• This is a large, complex and long term task• Consultations with women across the country– Ensuring meaningful participation, especially of

women that face multiple discriminations– Provincial hearings an opportunity, question is

HOW this will be done?