presentation to portfolio committee on justice & correctional services august 2014

Presentation to Portfolio Committee on Justice & Correctional Services

August 20141

CONSTITUTIONAL OBLIGATION

The Bill of Rights in the Constitution enshrines the rights of all people to the democratic values of human dignity, equality and freedom; and the State must respect, protect, promote and fulfil these rights.

The CGE’s obligation to strengthen constitutional democracy in the attainment of gender equality

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Mandate of the CGE

Section 187 (1) of the Constitution states CGE must promote respect for gender equality and the protection, development and attainment of gender equality

Section 187(2) of the Constitution states that CGE has the power, as regulated by national legislation, necessary to perform its functions, including the power to monitor, investigate, research, educate, lobby, advise and report on issues concerning gender equality

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Mandate of the CGE cont...Work of the Commission could be grouped in the following;

1. Monitoring and Evaluation 2. Research3. International Work (Gender Equality International Instruments)4. Investigations5. Mediation, Conciliation and Negotiation 6. Education and Information7. Lobby and Advise8. Liaison with like-minded organisations

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Mandate of the CGE cont...Section 11 of the CGE Act provides functions and powers of CGECGE Act requires CGE to monitor and evaluate the practises of

organs of state at any level, statutory bodies of functionaries, public bodies and authorities and private entities

CGE is authorised to make any recommendations to Parliament or any Legislature in relation to monitoring and evaluation

Carry out information and education programmes to foster public understanding of gender equality

CGE is tasked with the duty of reviewing laws and policies affecting gender equality and the status of women

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Mandate of the CGE cont...

The Commission has a duty to investigate any gender related issues of its own accord or on receipt of a complaint

CGE is empowered to resolve the dispute through mediation, conciliation or negotiation

CGE has the power to refer the matter to the Human Rights Commission or Public Protector or any other relevant authority

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The Commission has wide powers of search and seizure and can subpoena any witnesses when investigating complaints in order to gather the necessary information.

Section 38 of the Constitution allows anyone to approach a competent court to enforce a right found in the Bill of Rights, additionally empowers the Commission to take a case to court on behalf of a complaint

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CGE has the duty to monitor South Africa’s Compliance with International Instruments ratified by South Africa relating to the objects of the Commission

The Commission must, as far as is practicable, maintain close liaison with institutions bodies or authorities with similar objectives to those of the Commission in order to foster common policies and practises and to promote cooperation where possible

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Section 20 (1) (f) of PEPUDA allows CGE to institute proceedings in court on behalf of any aggrieved person or group. In instances where the Presiding Officer decides to refer the matter to the Commission, the case should be dealt with in a short period of time

The Act also places a duty on the Commission to assist complainants who wish to lodge a complaint and to conduct investigations where necessary

The Act envisages that the Commission will play a role in the promotion and achievement of equality

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OVERVIEW STRATPLAN

The Commission is now on its 3rd year of the Strategic Plan. The Vision, Mission and values have remained the same

The Approved structure has been improved with an additional position to be located in the Chairperson’s office ( Manager in the Chairperson’s office)

For this current year the Commission will be focusing on M & E approach rather than focusing on performance driven approach. An M& E framework will be put in place to ensure impact assessment occurs

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VISION and MISSION

Vision A society free from all forms of gender oppression and inequality

Mission Monitor, evaluate and make recommendations on policies of the

public and private sector Information and educational programmes Evaluate and make recommendations on legislation affecting the

status of women Investigate, resolve and rectify gender issues Collaborate with government and civil society Monitor and report on international conventions

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THE UNDER DEVELOPMENT AND INEQUALITY OF THE FEMALE GENDER IN SA REMAINS

female unemployment especially in ages 18-35 years

Feminization of povertyUnderrepresentation of women in decision-

makinggender-based violenceReproductive health issuesSingle-headed households

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WEAKNESSES REMAIN IN

Implementation of enabling policy Gender responsive budgeting Gender Mainstreaming Establishment of normative and policy framework for

gender equality Gender differences in decision making and employment Impact of globalization on gender discrimination Use of social networks as agents of change Bringing gender equality into formal institutions and

policies

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CHALLENGES TO GENDER EQUALITY REMAIN IN 50/50 legislative processes Access to socio-economic rights Elimination of traditional gender-based discriminatory

practices Elimination of gender-based violence Implementation of international and regional conventions,

covenants and protocols Transformation of the workplace

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COMMISSIONERS OVERSIGHT COMMITTEES

Governance Oversight Committees byCommissionersLegal and ComplaintsResearch and EducationStrategic Planning, Annual Report and M&EHuman ResourcesAuditFinance Information Technology and Communications

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SECTION 6 COMMITTEES

The Commission has further established one Section Six Committee that will focus on the following areas to inform programmes:-

Substantive EqualityEconomic EmpowermentNational gender machineryGender Equality and HealthGender Based ViolenceCulture, Religion and Tradition

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Organizational StructureFunctions Reach and breadthThree line functions

Legal servicesPolicy & ResearchPublic Education and

InformationSupport

FinanceHRICTCommunications

Nine (9) Provincial offices6 officials at each province

2 x line function officers and interns

3 x support and administration staff

Head officeCEOSupport and Line functions

Total employees average 100 overall

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STRATEGIC OBJECTIVES

Strategic Objective 1 To ensure the creation and implementation of an enabling

legislative framework that promotes the attainment of gender equality

Planned outcome: Continuous improvements in legislation

and practices to advance gender equality

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Strategic Objective 2 To protect and promote gender equality by engaging with relevant

stakeholders to educate and raise awareness on issues of gender equality, challenge patriarchal perceptions and stereotypes and take action against infringements of gender rights through the implementation of appropriate redress

Planned outcome: A society educated in constitutional rights to gender equality that demonstrates the transformative behaviour of the obligation to respect and uphold gender equality. To further ensure effective and efficient application of social justice fro victims of gender violations

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Strategic Objective 3 To monitor state compliance with regional and international

conventions, covenants and charters which have been acceded to or ratified by the Republic, relating to the objects of the Commission

Planned outcome: Assessment of state compliance with regional and international commitments that promote gender equality recommendations tabled with parliament

Strategic Objective 4 To build an effective, efficient, visible and sustainable institution

that will fulfil its constitutional mandate on gender equality

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STRATEGIC OBJECTIVES STRATEGIC OBJECTIVE 1 SUB-STRATEGIES

To ensure the creation and implementation of an enabling legislative framework that promotes the attainment of gender equality.

1. To monitor and evaluate the promotion of gender equality and any relevant policies and practices of the public and private sector and report to Parliament

2. To initiate and review for the improvement of the legislative framework in all spheres of government that impact on priority areas of gender equality

3. To conduct periodic performance assessments of priority Ministries, State institutions, Government departments, political parties and the private sector, on the implementation of applicable legislation and policies that impact on gender equality

4. To evaluate the implementation and effectiveness of the national justice facilities for gender discrimination

6. To convene direct dialogues with relevant policy makers at national and provincial level on recommendations to promote gender equality contained in research reports and research activities

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STRATEGIC OBJECTIVE 2

SUB-STRATEGIES

To protect and promote gender equality by engaging with relevant stakeholders to educate and raise awareness on issues of gender equality, challenge patriarchal perceptions and stereotypes and take action against infringements of gender rights through the implementation of appropriate redress.

1. To timeously investigate complaints of violations of gender rights and identify appropriate re dress

2. To Initiate investigations of systemic violations of gender rights in the public and private sector and identify appropriate redress

3. To develop of a coordinated programme to promote equality

4. To initiate interventions for sustainable development and promotion of gender equality by addressing violations in the social cultural political economic security and human rights dimension

5. To collaborate with organs of state, civil society and other institutions for the effective development, protection, promotion and attainment of gender equality

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STRATEGIC OBJECTIVE 3

SUB-STRATEGIES

To monitor state compliance with regional and international conventions, covenants and charters which have been acceded to or ratified by the Republic, relating to the object of the Commission for Gender Equality

1. To conduct annual reviews and audits of state compliance with obligations under the conventions, covenants and charters and to report an a regular basis to Parliament and the Office of the Speaker of Parliament

2. To interact with and report to national, regional and international bodies on state compliance with conventions, covenants and charters acceded to or ratified and to make recommendations for improvements

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STRATEGIC OBJECTIVE 4 SUB-STRATEGIES

To build an effective, efficient and sustainable institution that will fulfil its constitutional mandate on gender equality

1. To maintain optimal governance and oversight structures and policies between Commissioners and the Secretariat

2. To develop a financial management strategy that promotes effective, efficient and economic utilisation of resources as well as accountability

3. To develop and maintain an IT infrastructure that supports and promotes the organisational objectives of the CGE

4. To develop a comprehensive HR policies, procedures and practices

5. Implement an effective communications strategy and policy that promotes and enhances a positive public image of the CGE

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HIGHLIGHTS ON KEY ACHIEVEMENTS…..1

Monitoring and Evaluation function

Gender transformation Hearings National Gender Barometer Report on the status of gender policies

and practices in the public and private sector Report and findings on the Assessment of Women in Political

Participation and Representation Gender Mainstreaming in the water sector Widowhood Rites and Rights Ukuthwala consultations 365 days programme on GBV Assessing the effectiveness of the National Gender machinery A gendered analysis of the NDP, vision 2030 Compliance with International instruments on Gender ( CEDAW,

BPA, MDG)

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Investigative and Complaints handling function

In the recent constitutional court case of Modjadji Florah Mayelane v

Mphephu Maria Ngwenyama and Another.

Bhe and Others v Magistrate, Khayelitsha, and Others (Commission for

Gender Equality as Amicus Curiae); Shibi v Sithole and Others; South

African Human Rights Commission and Another v President of the Republic

of South Africa and Another 2005 (1) SA 580 (CC)

The CGE also participated in another heralded constitutional case, Shilubana and Others v Nwamitwa (National Movement of Rural Women and Commission for Gender Equality as Amicus Curiae) 2007 (5) SA 620 (CC), traditional authorities are allowed to develop customary law in accordance with norms and values of the Constitution.

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The CGE is currently litigating (be it in amicus curiae or on behalf

of the complainant) in the following pertinent matters : -

- In the Western Cape CGE has been entered as animus curiae in an Equality

Court Matter currently before the Bellville Equality Court - Coulson v

Neethling.

In Kwa Zulu Natal is litigating within the Durban Equality Court in respect of

the Complainant, Ms. Blanket.

- In Mpumalanga , the CGE is representing the Complainant in - Ericca and 1

other v Desmond Tutu Centre for Leadership ( Equality Court )


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The CGE has engaged in dialogues and information sharing

sessions with communities, traditional leaders, faith based

organisations and non-governmental organisations on a range of

gender-related issues such as

witchcraft, virginity testing, ukhuthwala, under-age/forced

marriages, human trafficking, sex work, masculinity, gender-

based violence (including rape and sexual harassment) and the

rights of LGBTI people. The CGE has engaged stakeholders

other discriminatory practices relating to maternity benefits for

self employed women.

Liaison with like-minded organisations


The Funding environment and related concerns

The CGE funding for over 5 a year period remained at the same level despite increased mandate and public expectation on the Commission to perform at higher levels e.g. PEPUDA ( No additional funding was ever made)

This situation limits the Commission to deliver on its legislated mandate

Poor responses from state institutions to CGE work;Monitoring and evaluation projects - lack of cooperation

by departmentsReports providing for findings and recommendation

submitted to Parliament but seldom engaged

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Matrix on mandate overlap…1

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SUBSTANTIVE AREAS CGE CRL WOMEN’S MINISTRY

SAHRC

Developing gender related legislation

X X

Gender inequality related Public

Education

X X X

Research into gender inequality

X X X

Gender mainstreaming X X XGender inequality related litigation

(through PEPUDA)

X X

Receiving & handling of gender inequality related complaints

X X X

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Matrix on mandate overlap…2SUBSTANTIVE AREAS CGE CRL WOMEN’S MINISTRY SAHRC

Promoting Gender equality X (Women’s right to equal of treatment)

(as part of broader

Human Rights/Bill of Rights)

Women’s empowerment (economic, social & political)

X X

Combating culturally harmful practices (harmful to gender equality)

X X X

Gender inequality related investigations

X X X

Monitoring compliance by Government & Private Sector with

national/domestic policies and legislation

X (Limited only to

implementation of domestic legislation &

Policy)

X

Monitoring compliance with international instruments

X (Limited only to drafting

country reports)

(Limited to only to

broader human rights monitoring of compliance)

Developing gender related policy X (only developing policy on

women)

X

DANKIESIYABONGATHANK YOUKEA LEBOHA

Have a gender related complaint ????Have a gender related complaint ????report it to report it to

0800 007 709 Twitter Handle

@CGEinfo32

presentation to portfolio committee on justice & correctional services august 2014

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