PRESENTATION BY DR M E TSHABALALA-MSIMANG, MP DEPUTY MINISTER OF JUSTICE ON GENDER EQUALITY INITIATIVES UNDERTAKEN BY THE DEPARTMENT OF JUSTICE, TO THE JUSTICE PORTFOLIO COMMITTEE

DATE: 20 March 1998

1. BACKGROUND
THE YEAR 1998 IS THE 50TH ANNIVERSARY OF THE UNITED NATIONAL UNIVERSAL DECLARATION OF HUMAN RIGHTS AND SOUTH AFRICA SUPPORTS AND RECOGNISES THIS INTERNATIONAL HUMAN RIGHTS INSTRUMENT WHICH INTER ALIA REAFFIRMS THAT ALL HUMAN BEINGS ARE BORN FREE AND ARE EQUAL IN DIGNITY. THE UNIVERSAL DECLARATION OF HUMAN RIGHTS ALSO FIRMLY ENTRENCHES EQUALITY BEFORE THE LAW AND EQUAL PROTECTION OF THE LAW FOR ALL, IRRESPECTIVE OF GENDER.

SOUTH AFRICA RATIFIED THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW) DURING 1995 AND IS COMMITTED TO TAKE MEASURES TO GIVE EFFECT TO THE PROVISIONS OF CEDAW.

THE VIENNA DECLARATION AND PROGRAMME OF ACTION ADOPTED AT THE HUMAN RIGHTS CONFERENCE HELD IN VIENNA DURING 1993 RECOMMENDS THAT STATES SHOULD CONSIDER THE DESIRABILITY OF DEVELOPING NATIONAL PLANS OF ACTION TO IMPROVE THE PROTECTION AND PROMOTION OF HUMAN RIGHTS. SOUTH AFRICA HAS ACCEPTED AND WELCOMED THIS CHALLENGE AND HAS COMMITTED ITSELF TO THE DEVELOPMENT AND IMPLEMENTATION OF A NATIONAL ACTION PLAN ON HUMAN RIGHTS.

THE DEPARTMENT OF JUSTICE HAS ALSO DEVELOPED AND PRODUCED THE NATIONAL ACTION PLAN ON THE PROTECTION AND PROMOTION OF HUMAN RIGHTS AND THE PLAN IS THE DEPARTMENT'S CONTRIBUTION TO THE CELEBRATION OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS' 50TH ANNIVERSARY.

DEPARTMENT OF JUSTICE IS LEADING AND COORDINATING THE PROCESS OF DEVELOPING THE NATIONAL ACTION PLAN FOR HUMAN RIGHTS FOR THE COUNTRY AND ALSO THE PROGRAMME FOR THE CELEBRATIONS TO COMMEMORATE THE 50TH ANNIVERSARY.

THE VIENNA DECLARATION AND PROGRAMME OF ACTION ALSO CALLED FOR THE INTRODUCTION OF A RIGHT OF PETITION THROUGH THE PREPARATION OF AN OPTIONAL PROTOCOL TO CEDAW. DELIBERATI6NS ARE PRESENTLY TAKING PLACE AT THE UNITED NATIONS OF THE DRAFTING OF THE OPTIONAL PROTOCOL TO CEDAW, AND THESE DISCUSSIONS HAVE BEEN TAKING PLACE SINCE 1996 AND TWO WEEK SESSIONS HAS BEEN ALLOCATED TO EACH YEAR.

THE DEPARTMENT OF JUSTICE HAS PARTICIPATED IN THE DELIBERATIONS ON THE DRAFTING OF AN OPTIONAL PROTOCOL TO CEDAW.

THE FINAL DRAFT OF THE OPTIONAL PROTOCOL WILL BE SUBMITTED TO THE SECRETARY-GENERAL OF THE UNITED NATIONS BEFORE THE END OF 1998, AND SHOULD THE GENERAL ASSEMBLY OF THE UNITED NATIONS ADOPT THE INSTRUMENT, IT WILL BE OPEN FOR RATIFICATION IN 1999.

SOUTH AFRICA ALSO ASSENTED TO THE BEIJING PLATFORM FOR ACTION WHICH EMANATED FROM THE UNITED NATIONS FOURTH WORLD CONFERENCE ON WOMEN HELD IN BEIJING, CHINA DURING 1995 AND IS COMMITTED TO IMPLEMENT THE TWELVE CRITICAL AREAS OF CONCERN CONTAINED IN THE PLATFORM FOR ACTION.

THE CONSTITUTION ALSO ENSHRINES SUBSTANTIVE EQUALITY BETWEEN MEN AND WOMEN. THE DEPARTMENT OF JUSTICE DEVELOPED A FIVE YEAR STRATEGIC PLAN ON TRANSFORMATION (VISION 2000). THE VISION 2000 REFLECTS BASIC CONSTITUTIONAL IDEALS, AS WELL AS GOALS OF THE DEPARTMENT'S PROGRAMMES ON RECONSTRUCTION AND DEVELOPMENT. INCLUDED IN THE PLAN ARE MEASURES TO ADVANCE WOMEN'S RIGHTS. THE PLAN WILL CONSTITUTE THE FMMEWORK FOR SUSTAINED AND COORDINATED MEASURES TO BE UNDERTAKEN BY THE DEPARTMENT TO PROTECT AND FROMOTE HUMAN RIGHTS INCLUDING WOMEN'S RIGHTS IN THE NEXT FIVE YEARS.

3. GENDER EQUALITY
WHILE THERE IS AN INCREASING RECOGNITION OF WOMEN'S HUMAN RIGHTS IN INTERNATIONAL HUMAN RIGHTS TREATIES AND THE CONSTITUTION, IN REALITY WOMEN IN SOUTH AFRICA STILL REQUIRE ACCESS TO JUSTICE AND PROTECTION OF THEIR HUMAN RIGHTS.

HUMAN RIGHTS OF WOMEN ARE AN INTEGRAL PART OF HUMAN RIGHTS, WHICH ARE UNIVERSAL, INALIENABLE AND INDIVISIBLE.

THE DEPARTMENT OF JUSTICE establlshed A GENDER UNIT DURING 1996, WHICH HAS BEEN CONVERTED INTO A DIRECTORATE: GENDER AND CHILDREN'S ISSUES. THE DIRECTORATE IS TO FACILITATE THE INTEGRATION OF GENDER CONCERNS INTO MAINSTREAM ISSUES.

WITH A VIEW OF PROMOTING GENDER EQUALITY IN THE LAWS, POLICIES AND PROGRAMMES THE DEPARTMENT HAS EMBARKED ON A NUMBER OF PROGRAMMES TO PROMOTE GENDER EQUALITY.

3.1 GENDER POLICY CONSIDERATIONS DOCUMENT
THE GENDER POLICY CONSIDERATIONS DOCUMENT WAS DEVELOPED AFTER INPUTS WERE obtalned FROM DEPARTMENTAL PERSONNEL AND A FEW SELECTED STAKEHOLDERS IN CIVIL SOCIETY. THE DOCUMENT WAS LAUNCHED ON 20 JUNE 1997 BY THE MINISTER AND DEPUTY MINISTER OR JUSTICE.

CONSULTATIVE WORKSHOPS ON THE DOCUMENT TOOK PLACE DURING NOVEMBER 1997 AND CULMINATED IN MARCH 1998. THE WORKSHOPS WERE HELD IN ALL NINE PROVINCES WHERE DEPARTMENTAL PERSONNEL AND CIVIL SOCIETY PARTICIPATED. FOUR NATIONAL WORKSHOPS INVOLVING FOCUSSED GROUPS, NAMPLY, TRADITIONAL LEADERS, RELIGIOUS LEADERS, ORGANISED LABOUR AND LEGAL PROFESSION ALSO TOOK PLACE.

A NUMBER OF INTERESTING RECOMMENDATIONS EMANATED FROM THESE WORKSHOPS AND SOME INCLUDE THE FOLLOWING:
- THE DOCUMENT WAS WELL ACCEPTED BY DEPARTMENTAL PERSONNEL AND CIVIL SOCIETY, AS AN EFFFECTIVE TOOL TO PROMOTE AND FACILITATE GENDER EQUALITY IN THE DEPARTMENT'S INITIATIVES, PROGRAMMES AND PROJECTS.
- KEY AREAS, NAMELY VIOLENCE AGAINST WOMEN AND MAINTENANCE WERE IDENTIFIED A PRIORITY AREA. THE DEPARTMENT IS REQUIRED TO URGENTLY DEVISE strategles ON HOW TO EFFICIENTLY AND EFFECTIVELY ADDRESS THE TWO KEY AREAS.
- THE VITAL ROLE THAT TRADITIONAL COURTS PLAY IN ALTERNATIVE DISPUTE RESOLUTION MECHANISMS IS RECOGNISED AND THE JURISDICTION OF TRADITIONAL COURTS NEED TO BE INCREASED, TO ENSURE A MORE EFFECTIVE SERVICE DELIVERY IN THOSE COURTS.
- TRADITIONAL COURTS MUST BE COURTS OF RECORD TO ENSURE ACCESS TO JUSTICE IN THOSE TRIBUNALS.
- TRADITIONAL LEADERS ARIE COMMITTED TO RECEIVE TRAINING ON GENDER SENSITIVITY AND HUMAN RIGHTS. THEY ALSO COMMITTED THEMSELVES TO PROMOTE REPRESENTIVITY OF WOMEN IN DECISION-MAKING AND PROPOSED THAT MORE CONSULTATIVE MEETINGS BE HELD WITH THEM WITH A VIEW OF DEVELOPING A PROGRAMME OF ACTION TO ENSURE GENDER EQUALITY IN THE TRADITIONAL COURTS AND OTHER DECISION-MAKING BODIES WITHIN THE TRIBAL JURISDICTION.
- RELIGIOUS LEADERS ALSO COMMITTED THEMSELVES TO INCLUDE GENDER CONCERNS IN THEIR SERMONS.
- THE BUDGET OF THE DEPARTMENT IS TO BE RE-ALIGNED AND REPRIORITISED TO ENSURE THE INTEGRATION OF GENDER CONCERNS INTO MAINSTREAM lssues.
- THE RURAL WOMEN'S MOVEMENT AND THE NATAL WOMENS RESOURCE CENTRE WILL ALSO BE GIVEN AN OPPORTUNITY TO MAKE INPUTS ON THE GENDER POLICY CONSIDERATIONS DOCUMENT.
- LEGAL AID BOARD GUIDELINES T0 BE REVIEWED TO ENSURE ACCESS TO LEGAL AID FUNDING ln OTHER CASES E.G., famlly LAW.
- DECRIMINALIZATION OF PROSTITUTION IS A CONTENTIOUS ISSUE AND RECEIVED MIXED RESPONSES DIVERGENT VIEWS FLOWED FROM THE DEBATE, NAMELY, THOSE WHO ENDORSE THE IDEA, THOSE WHO CONSIDER THE IDEA IN A LESS FAVOURABLE LIGHT, THOSE WHO BELIEVE THAT MEN WHO PARTICIPATE IN THIS ACTIVITY ALSO BE IMPRISONED, ECONOMIC EMPOWERMENT OF WOMEN TO REDUCE PROSTITUTION AND LASTLY AWARENESS MUST BE RAISED AMONGST MEN WITH A VIEW OF EDUCATING THEM ON THE CONSEQUENCES OF PARTICIPATING IN SUCH ACTIVITIES.
- ACCESS TO COURTS AND LEGAL INFORMATION TO WOMEIN ESPECIALLY RURAL WOMEN TO BE IMPROVED.
- THE PARTICIPANTS AT THE DIFFERENT WORKSHOPS PREFER THAT TWO DOCUMENTS MUST EMANATE FROM THE CONSULTATIVE MEETINGS NAMELY A REPORT AND A REFINED DOCUMENT.

WAY FORWARD
THE INPUTS WILL BE INCORPORATED INTO THE MAIN DOCUMENT AND SUBMITTED TO THE MINISTRY FOR APPROVAL DURING APRIL 1998. THE DOCUMENT HAS THE STATUS OF A CODICIL OR APPENDAGE TO JUSTICE VISION 2000

THE GENDER POLICY DOCUMENT WILL BE USED AS A BASIS ON THE ENVISAGED POSITION PAPER ON THE GENDER EQUALITY BILL WHICH WILL BE SUBMITTED TO THE MINISTER AND DEPUTY MINISTER WITH A VIEW OF PROMOTING ITS INCLUSION IN THE SOUTH AFRICAN LAW COMMISSION INVESTIGATIONS. THE GENDER POLICY DOCUMENT WILL BE LAUNCHED DURING MAY 1998.

3.2 CEDAW
THE DEPARTMENT OF JUSTICE HAS PARTICIPATED IN THE REPORT WRITING PROCESS OF THE INITIAL NATIONAL REPORT ON CEDAW. THE DEPARTMENT HAS REPRESENTATIVE AT THE CEDAW CABINET CORE COMMITTEE. THE REPORT HAS SINCE BEEN SUBMITTED TO THE UNITED NATIONS AND WILL BE PRESENTED OFFICIALLY TO THE UNITED NATIONS DURING JULY 1998.

3.3 OPTIONAL PROTOCOL TO CEDAW
THE VIENNA DECLARATION AND PROGRAMME FOR ACTION INTRODUCED A RIGHT OF PETITION THROUGH THE PREPARATION OF AN OPTIONAL PROTOCOL TO CEDAW, AND THE BEIJING PLATFORM FOR ACTION URGED THAT SUCH A PROTOCOL ENTER INTO FORCE AS SOON AS POSSISLE, PREFERABLY BY THE YEAR 2000.

THE SESSION WORKING ON THE ELABORATION OF THE OPTIONAL PROTOCOL TO CEDAW IS IN THE PROCESS OF COMPLETING ITS TASK AND BY THE END OF 1998, THE PROTOCOL WILL BE SUBMITTED TO THE SECRETARY-GENERAL OF THE UNITED NATIONS FOR ADOPTION BY THE GENERAL ASSEMBLY.

BY 1999 THE OPTIONAL PROTOCOL WILL BE OPEN FOR RATIFICATION. THE PROTOCOL INTRODUCES A RIGHT OF PETITION BY WOMEN WHOSE RIGHTS UNDER CEDAW HAVE BEEN VIOLATED. THE PROTOCOL EMPOWERS THE CEDAW COMMITTEE TO RECEIVE THE COMPLAINTS AND INVESTIGATE THEM, WITH THE COOPERATION OF THE STATE PARTY. THE COMMITTEE ALSO HAS THE AUTHORITY TO VISIT THE STATE PARTY IN QUESTION DURINS ITS INVESTIGATION AND SUBMIT ITS VIEWS AND RECOMMENDATIONS TO THE STATE PARTY.

THE PROTOCOL WILL ONLY BE ABLE TO PROTECT THE RIGHTS OF WOMEN WHOSE COUNTRIES HAVE RATIFIED CEDAW AND THE PROTOCOL.

AS SOON AS THE GENERAL ASSEMBLY HAS ADOPTED THE OPTIONAL PROTOCOL TO CEDAW, IT WILL BE WIDELY DISSEMINATED TO RAISE AWARENESS ON ITS EXISTENCE, AND CABINET WILL BE REQUIRED TO CONSIDER ITS RATIFICATION BY SOUTH AFRICA.

4. VIOLENCE AGAINST WOMEN
4.1 CAMPAIGN ON THE PREVENTION OF VIOLENCE AGAINST WOMEN
THE CAMPAIGN ON THE PREVENTION OF VIOLENCE AGAINST WOMEN WAS LAUNCHED ON 25 NOVEMBER 1996 (INTERNATIONAL DAY OF NO VIOLENCE AGAINST WOMEN).

THE CAMPAIGN HAS TWO FACETS
(A) TO RAISE AWARENESS ON THE ISSUES.
(B) TO SENSITISE DEPARTMENTAL PERSONNEL DEALING WITH VIOLENCE AGAINST WOMEN CASES AND ENGAGE THEM IN SEEKING SOLUTIONS.

ONE OP THE RECOMMENDATIONS THAT FLOWED FROM THE CAMPAIGN WAS THE DEVELOPMENT OF NATIONAL POLICY GUIDELINES FOR VICTIMS OF SEXUAL OFFENCES, BY AN INTER-SECTORAL TASK TFAM, THE TASK TEAM CQMPOSED OF REPRESENTATIVES FROM THE FOLLOWING DEPARTMENTS, JUSTICE, HEALTH, SAPS, WELFARE AND CORRECTIONAL SERVICES AS WELL AS AN NGO REPRESENTATIVE FROM THE NATIONAL NETWORK ON VIOLENCE AGAINST WOMEN.

THIS CAMPAIGN IS AN ONGOING INITIATIVE. THE DEPARTMENT IS IN THE PROCESS OF DEVELOPING A POLICY ON VIOLENCE AGAINST WOMEN, AND A TOLL FREE NUMBER FOR USE BY VICTIMS OF VIOLENCE AGAINST WOMEN.

4.1.1 OPEN COURT DAY FOR WOMEN (7TH MARCH 1997)
THE 7TH MARCH 1997 WAS DECLARED AN OPEN COURT DAY AND WOMEN WERE INVITED TO PARTICIPATE IN INFORMATION SESSIONS HELD AT MAGISTRATES COURTS COUNTRYWIDE. DIFFERENT ISSUES WERE DISCUSSED INCLUDING VIOLENCE AGAINST WOMEN AND HOW THE LAW RESPONDS TO IT MAINENANCE, SUBSTANTIVE AND PROCEDURAL LAW'S RELATING TO RAPE AND SEXUAL OFFENCES, AN EVALUATION ON THIS DAY WAS CONDUCTED AND A REPORT HAS BEEN PRODUCED.

KEY PERFORMANCE INDICATORS STILL HAVE TO BE DEVELOPED ON THE CAMPAIGN ON VIOLENCE AGAINST WOMEN AND THIS WILL BE ACHIEVED THROUGH A PERFORMANCE EVALUATION OR AUDIT ON SERVICE DELIVERY IN THE COURT.

4.1.2 NATIONAL POLICY GUIDELINES FOR VICTIMS OF SEXUAL OFFENCES
THE INTER-SECTORAL TASK TEAM DEVELOPED AND PRODUCED THE GUIDELINES AND A BROCHURE FOR VICTIMS. THE PROCESS OF DEVELOPING GUIDELINES COMMENCED IN FEBRUARY 1997 AND CULMINATED DURING JUNE 1997.

THE GUIDELINES ARE FOR USE BY ROLE PLAYERS DEALING WITH CASES OF SEXUAL VIOLENCE AGAINST WOMEN AND CHILDREN. THE PURPOSE OF THE GUIDELINES IS TO HAVE A UNIFORM AND EFFECTIVE APPROACH IN DEALING WITH CASES OF RAPE AND OTHER SEXUAL OFFENCES BY ROLE PLAYERS IN THE CRIMINAL JUSTICE SYSTEM. A BROCHURE FOR VICTIMS WAS ALSO PRODUCED TO EDUCATE THE VICTIMS ON WHAT MEASURES TO ADOPT WHEN CONFRONTED WITH SEXUAL VIOLENCE.

THE GUIDELINES AND BROCHURE WERE LAUNCHED ON 26 SEPTEMBER 1997 BY THF MINISTER AND DEPUTY MINISTER OF JUSTICE. PLANS TO IMPLEMENT TRAINING ON THE GUIDELINES ARE AT AN ADVANCED STAGE.

THE DEPARTMENT WILL PRODUCE A COMPREHENSIVE VIOLENCE AGAINST WOMEN POLICY BEFORE THE END OF 1998. THIS POLICY FRAMEWORK WILL INCORPORATE THE PRINCIPLES ENUNCIATED IN THE UNITED NATIONS POLICY FRAMEWORK ON DOMESTIC VIOLENCE. PROTOCOLS AND GUIDELINES ON VIOLENCE AGAINST WOMEN WILL ALSO BE DEVELOPED FOR USE BY ROLE PLAYERS.

THE DEPARTMENT OF JUSTICE WILL ALSO BE CONVENING A NGO CONSULTATIVE FORUM SCHEDULED FOR APRIL 16 - 17.

4.2 VICTIM EMPOWERMENT
VICTIM EMPOWERMENT IS A COMPONENT OF THE NATIONAL CRIME PREVENTION STRATEGY AND THE DEPARTMENT HAS COMMITTED ITSELF IN THE JUSTICE VISION 2000 TO ADOPT MEASURES AND STRATEGIES TO ENSURE THAT VICTIMS OF CRIME ESPECIALLY WOMEN AND CHILDREN HAVE A SUPPORT MECHANISM. A VICTIM CHARTER IS IN THE PROCESS OF BEING DEVELOPED AND CONSULTATIONS IN THIS REGARD ARE TAKING PLACE. THE LAW COMMISSION HAS PRODUCED A RESTORATIVE JUSTICE ISSUE PAPER WHICH DEALS WITH INTER ALIA COMPENSATION FUND FOR VICTIMS OF CRIME AND VICTIM IMPACT STATEMENTS. THE DEPARTMENT ENVISAGES TO FORM A LEGAL FORUM WHICH IS A BODY COMPOSED OP DEPARTMENTAL PERSONMEL AND NGO'S DURING APRIL 1998 AND THIS BODY WILL PERIODICALLY CONSULT ON ISSUES OF COMMON CONCERN INCLUDING VICTIM EMPOWERMENT AND GENDER EQUALITY. THE LEGAL FORUM WILL FOR THE FIRST TIME MEET IN APRIL 1998 AND INPUTS WILL BE SOLICITED ON THE VICTIM EMPOWERMENT BUSINESS PLAN AND VICTIM CHARTER. FINAL INPUTS ON THE GENDER POLICY DOCUMENT WILL ALSO BE OBTAINED.

REGIONAL HEADS IN THE PROVINCES ARE ALSO PARTICIPATING IN VICTIM EMPOWERMENT INITIATIVES WHICH ARE LED BY DEPARTMENT OF WELFARE.

4.3 CANADIAN STUDY TOUR
DURING SEPTEMBER AND OCTOBER 1997, THE DEPUTY MINISTER LED AN INTER-SECTORAL TEAM TO CANADA WITH A VIEW OF STUDYING CANADIAN LEGISLATION, POLICY PROGRAMMES IN DEALING WITH VIOLENCE AGAINST WOMEN.

THE LESSONS DRAWN FROM THE CANADIAN EXPERIENCE ARE THE FOLLOWING:
- AN INTER-SECTORAL APPROACH IN DEALING WITH VIOLENCE AGAINST WOMEN IS CRUCIAL.
- ECONOMIC EMPOWERMENT OF WOMEN TO MINIMIZE VIOLENCE AGAINST WOMEN IS ESSENTIAL.
- COUNSELLING TO VICTIMS AND REHABILITATION FOR OFFENDERS.
- POLICIES GUIDELINES AND PROTOCOLS TO BE DEVELOPED TO EFFECTIVE DEAL WITH THE ISSUES.
- SHELTERS AND SAFE HOUSES FOR VICTIMS.

A REPORT WAS PRODUCED AND WILL BE PRESENTED TO THE NCPS INTER MINISTERIAL MEETING. SHOULD THE RECOMMENDATIONS IN THE REPORT BE APPROVED, THEY WILL BE IMPLEMENTED IN DUE COURSE.

SHOULD APPROVAL BE GRANTED BY THE NCPS INTER-MINISTERIAL COMMITTEE ON THE RECOMMENDATIONS FOLLOWING FROM THE CANADIAN TRIP ON VIOLENCE AGAINST WOMEN, AN INTER-SECTORAL TASK TEAM WILL BE APPOINTED TO FACILITATE THIS IMPLEMENTATION OF THE RECOMMENDATIONS.

4.4 SADC CONFERENCE ON PREVENTION OF VIOLENCE AGAINST WOMEN
AS A FOLLOW UP ON THE CAMPAIGN ON THE PREVENTION OF VIOLENCE AGAINST WOMEN AND ON RCCOMMENDATION BY THE DEPUTY MINISTER IT WAS RESOLVED THAT AN SADC CONFERENCE ON VIOLENCE AGAINST WOMEN SHOULD BE HOSTED IN SOUTH AFRICA WITH A VIEW OF SHARING REGIONAL EXPERIENCES ON THE PROBLEM AND ADAPTING MEASURES TO ADDRESS THE PROBLEM.

THE CONFERENCE TOOK PLACE ON 5-8 MARCH I998. THE 8TH MARCH 1998 WAS INTERNATIONAL WOMEN'S DAY.

PREPARATORY MEETINGS ON PLANNING AND ORGANISING THE CONFERENCE TOOK PLACE DURING OCTOBER UNTIL DECEMBER 1997. A SOUTH AFRICAN STEERING COMMITTEE COMPOSED A GOVERNMENT DEPARTMENT INVOLVED IN THE NCPS, CONSTITUTIONAL BODIES NAMELY, HUMAN RIGHTS COMMISSION. GENDER EQUALITY COMMISSION AND YOUTH COMMISSON, OSW AND SOUTH AFRICAN NGO'S HAVE BEEN INVOLVED IN THE PLANNING COMMITTEE COMPOSED OF REPRESENATIVES FROM THE SADC COUNTRIES AND SOUTH. THE DEPARTMENT OF FOREIGN AFFAIRS SADC DESK IS ALSO REPRESENTED IN BOTH COMMITTEES.

PROJECT MANAGERS WERE APPOINTED TO BE RESPONSIBLE FOR THE DAILY PLANNING AND ORGANISATION OF THE CONFERENCE. NORWAY HAS PROVIDED FUNDING ON THE CONFERENCE.

A REGIONAL DECLARATION ON VIOLENCE AGAINST WOMEN AS WELL AS AN ACCOUNTABILITY FRAMEWORK WERE DEVELOPED. THE DECLARATION WILL BE SIGNED BY HEADS OF STATE AT MAURITIUS IN SEPTEMBER 1998. THE ACCOUNTABILITY FRAMEWORK IS A MONITORING TOOL TO ENSURE THAT THE DECLARATION IS EFFECTIVELY IMPLEMENTED.

INTERNATIONAL EXPERTS RAN INTER-WORKSHOPS IN PROVINCES AND RECOMMENDATIONS HAVE EMANATED FROM THESE WORKSHOPS. ON THE 25TH NOVEMBER 1998 (INTERNATIONAL DAY OF NO VIOLENCE AGAINST WOMEN) THE DEPARTMENT WILL CONVENE AMEETING AS A FOLLOW-UP ON THE SADC CONFERENCE ON PREVENTION OF VIOLENCE AGAINST WOMEN AND INPUTS WILL BE SOLICITED ON THE DEPARTMENT OF JUSTICE POLICY ON VIOLENCE AGAINST WOMEN.

5. POSITIONS PAPERS
POSITION PAPERS WILL BE PRODUCED DURING APRIL1998 TO JUNE 1998 ON THE FOLLOWING ISSUES:
- INHERITANCE RIGHTS OF BLACK WOMEN AND CHILDREN BORN OUT OF WEDLOCK.
- PARENTAL RIGHTS WITHIN THE DEPARTMENT.
- SEXUAL HARASSMENT IN THE WORKPLACE.

MEASURES WILL BE TAKEN TO ENSURE THAT LEGISLATION IN THIS REGARD IS PASSED BEFORE THE END OF THE FISCAL YEAR.

6. ORGANISATION OF AFRICAN UNITY DAY (25TH MAY 1998)
IN CONSULTATION WITH THE CONSTITUTIONAL AFFAIRS DEPARTMENT THE DEPARTMENT WILL LAUNCH A PUBLIC OUTREACH CAMPAIGN WITH THE THEME "JUSTICE AND EQUALITY FOR ALL". THE CAMPAIGN FITS WITHIN THE CONTEXT OF THE NATIONAL ACTION PLAN (NAP) ON HUMAN RIGHTS WHICH IS BEING DEVELOPED AS A CONTRIBUTION BY THE DEPARTMENT ON THE 50TH ANNIVERSARY OF THE UNITED NATIONS UNIVERSAL DECLARATION OF HUMAN RIGHTS.

THIS PROCESS IS A BUILD-UP TO 10TH DECEMBER 1998 (INTERNATIONAL HUMAN RIGHTS DAY) CELEBRATIONS, AND THE NAP WILL BE DEPOSITED AT THE UNITED NATIONS ON 10TH DECEMBER 1998.

THE CAMPAIGN WILL BE A PUBLIC AWARENESS CAMPAIGN ON HUMAN RIGHTS OF MEN, WOMEN AND CHILDREN IN THE KEY ISSUE HIGHLIGHTED WILL BE:
- SADC DECLARATION VIOLENCE AGAINST WOMEN WHICH WILL BE ADOPTED AND SIGNED DURING SEPTEMBER 1998 BY SADC HEADS OF STATE IN MAURITIUS.
- MAINTENANCE
- CEDAW
- CONVENTION ON THE RIGHTS OF THE CHILD AFRICAN CHARTER ON HUMAN AND PEOPLE'S RIGHTS UNIVERSAL DECLARATION OF HUMAN RIGHTS

THE CAMPAIGN WILL CULMINATE ON 10TH DECEMBER 1998 - INTERNATIONAL HUMAN RIGHTS DAY.

7. NATIONAL WOMEN'S DAY (9 AUGUST 1998)
DURING APRIL 1998 THE DEPARTMENT WILL LAUNCH A COMMUNICATION STRATEGY ON MAINTENANCE AND WEEK PRECEDING 9TH AUGUST 1998 WILL BE DEDICATED TO MAINTENANCE. THE 9TH AUGUST 1998 WILL BE AN OPEN COURT DAY WHERE WOMEN AND MEN WILL BE INVITED TO PARTICIPATE IN INFORMATION SESSIONS WITH COURT PERSONNEL ESPECIALLY MAGISTRATES ON MAINTENANCE INITIATIVES WHICH THE DEPARTMENT HAS UNDERTAKEN. THESE INCLUDE THE MAINTENANCE BILL/ ACT AND PAMPHET. THIS WILL ALSO ENCOURAGE DEPARTMENTAL PERSONNEL TO BE SENSITIVE TO WOMEN'S NEEDS WITHIN THE JUSTICE SYSTEM. SERVICE DELIVERY IS A KEY COMPONENT HIGHLIGHTED DURING THIS WEEK. COURTS WILL OPEN THEIR DOORS TO WOMEN AND THE DEPARTMENT HOPES TO LEARN A GREAT DEAL FROM CIVIL SOCIETY. IN THIS REGARD, ALL PROJECTS AND PROGRAMMES WHICH ARE UNDERTAKEN WILL REFLECT A GENDER PERSPECTIVE AND BE RESPONSIVE TO THE NEED OF WOMEN.

8. GENDER FORUM
THE INTERIM GENDER FORUM WHICH WAS SET UP IN FEBRUARY 1996 WILL BE DISBANDED AND THE FINAL GENDER FORUM WILL BE ESTABLISHED BEFORED THE END OF THE YEAR.

THE GENDER FORUM IS A MONITORING MECHANISM AND ADVISORY BODY AND IS COMPOSED OF DEPARTMENTAL PERSONNEL. ITS MAIN ROLE IS TO ASSIST GENDER DIRECTORATE IN THE MAIN STREAMING OF GENDER ISSUES.

9. CITIZEN ADVICE DESKS
DURING 1996 CHIEF MAGISTRATE WERE REQUIRED TO ESTABLISHED INFORMATION DESKS AT THEIR COURTS. THESE DESKS WOULD BE MANNED BY A SENIOR PERSONNEL WITH THE KNOWLEDGE OF THE LAW AND HUMAN RIGHTS. THE MAIN OBJECTIVE OF THESE DESKS IS TO GIVE LEGAL INFORMATION AND ADVICE AND TO REFER CASES TO APPROPRIATE AGENCIES. THEY WOULD ALSO RECEIVE COMPLAINTS ON POOR TREATMENT RECEIVED AT THE COURTS, AN AUDIT TO DETERMINE HOW MANY COURTS HAVE SET UP SUCH DESKS WILL BE UNDERTAKEN DURING THIS YEAR.

10. GENDER SURVEY
THE GENDER SURVEY ON THE HEAD COUNTING WAS DONE AND WILL BE DISTRIBUTED TO ALL BRANCHED WITHIN THE DEPARTMENT. BRANCH HEADS WILL BE REQUIRED TO STUDY THE SURVEY AND IMPROVE REPRESENTIVITY IN TERMS OF GENDER AND RACE WITHIN THEIR COMPONENTS SO THAT BY THE YEAR 2000 THE TARGET OF 30% REPRESENTIVITY OF WOMEN IN DECISION-MAKING LEVELS SHOULD BE ATTAINED. COMMITMENT FROM TOP MANAGEMENT IN THE IMPROVEMENT OE REPRESENTIVITY IN TERMS OF GENDER HAS BEEN EMPHASISED AND SOUGHT, PROJECTIONS ARE THAT BY THE YEAR 2000 ONLY 26% OF TOP MANAGEMENT WILL BE WOMEN. SO THIS SURVEY SEEKS COMMITMENT FROM THIS DEPARTMENT TO ADDRESS THIS ANOMALY.

11. AUDIT OF LAWS/ PURIFICATION OF STATUES
AN AUDIT ON THE PURIFICATION OF STATUES WILL BE CONDUCTED DURING AUGUST 1998 TO OCTOBER 1998. ALL THE LAWS WILL BE AUDITED WITH A VIEW OF ENSURING THAT ALL LAWS REFLECT A GENDER PERSPECTIVE. THE LEGAL FORUM WILL BE CONSULTED IN THIS REGARD.

12. INTERNATIONAL DAY OF NO VIOLENCE AGAINST WOMEN (25TH NOVEMBER 1998)
THE 25TH NOVEMBER 1998 IS ALSO A KEY DATE OF THE CAMPAIGN MARKING THE 50TH ANNIVERSARY OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS.

THE DEPARTMENT WILL HOLD A NATIONAL SUMMIT ON VIOLENCE AGAINST WOMEN AND THE SADC DECLARATION ON VIOLENCE AGAINST WOMEN WILL BE THE KEY TOPIC. THE DEPARTMENTAL PERSONNEL AND LEGAL FORUM WILL BE INVITED TO PARTICIPATE AT THIS SUMMIT AND THE VIOLENCE AGAINST WOMEN POLICY WILL ALSO BE DISCUSSED. INPUTS FLOWING FROM THE SUMMIT WILL BE INCORPORATED INTO THE DRAFT VIOLENCE AGAINST WOMEN DOCUMENT.

TO MARK THIS DAY A SEXUAL HARASSMENT DRAFT POLICY DOCUMENT WILL ALSO BE LAUNCHED AND INPUTS WILL BE SOLICITED FROM RELEVANT ROLE PLAYERS. PRESENTLY, THE CIRCULAR ON SEXUAL HARASSMENT HAS BEEN DISTRIBUTED TO PERSONNEL AND IT WILL ALSO FORM PART OF THE SEXUAL HARASSMENT POLICY FRAMEWORK.

13. INTERNATIONAL HUMAN RIGHTS DAY (10TH DECEMBER 1998)
THE PUBLIC OUTREACH CAMPAIGN ON "JUSTICE AND EQUALITY FOR MEN, WOMEN, AND CHILDREN" WILL CULMINATE ON 10TH DECEMBER 1998.

SIMPLIFIED BOOKLETS AND PAMPHLETS ON CEDAW, THE CONVENTION ON THE RIGHTS OF THE CHILD, THE AFRICAN CHARTER ON HUMAN AND PEOPLE'S RIGHTS AND THE UNIVERSAL DECLARATION OF HUMAN RIGHTS WILL BE DISTRIBUTED.

FESTIVITIES AND CELEBRATIONS WILL BE HELD AT ALL OFFICES. T-SHIRTS AND CAPS WILL BE DISTRIBUTED.