Commission on Gender Equality
06 June 2001

Presentation to the Portfolio Committee on Justice and Constitutional Development
Chairperson Johnny de Lange
Members of the Justice Portfolio Committee
Thank you for giving us this opportunity to present the Commission on Gender Equality.
I would like to introduce my colleague, Fatima Seedat. Ms Seedat is heading the CGE’s Parliamentary Office in Cape Town.
Chairperson de Lange, as the CGE we have quite a number of issues that we would like your Committee to consider when looking at the role and function of the CGE.

Gender equality is protected by our national constitution. It is one of the most important tenets of democracy that are enshrined in our constitution. Those tenets are important for us to implement and cherish jealously. Many years of sacrifice and toil towards the attainment of these freedoms were invested.

It is however a sad reality that some people in our society do not yet regard gender equality as a national imperative. It is a constitutional imperative, and not a choice or alternative. The significance of attaining gender equality is as good as the attainment of political independence and therefore as good as racial equality. We decry a tendency to stress the racial equality and equity as if it is more important than the gender equality. Racial inequality is easy to see where it exists. Gender inequality is subtle and covert. Traditions, cultures and stereotyping are all used to justify gender inequality. This is an intolerable situation. The Commission on Gender Equality would like to invite your Committee to entice more Committees of your nature to take gender inequality as a social anomaly that is as serious as other forms of inequality and discrimination.

The realisation of substantive human equality and freedoms will start with the attainment of gender equality. I do not see how humanity could claim to be equal and free if gender discrimination is a daily experience for the majority of our citizens. More than 50% of our people are subjected to daily humiliation of gender discrimination. All of us who worked hard to eradicate apartheid, have to feel ashamed that despite having authored one of the most progressive constitutions, we are not implementing most of the progressive legislation that has been passed to create a substantive human rights environment which is premised on gender equality.

Chairperson and honourable members of the Portfolio Committee on Justice, once again, I am inviting you to engage with us in a serious discussion on these most important issues. Now I will present to you some of the successes and challenges that we are facing at the CGE.

1. Commissioner Gertrude Fester has been involved in both national liberation activities and gender issues since the 1980’s. Fester has a needed parliamentary experience that will be deployed for facilitating our interaction with politicians. Despite gender activism, she has interest in the feminisation of arts and creative writing.
2. Commissioner Bafana Khumalo is an academic theologian and practising priest with a comprehensive combination of competencies which include participating in peace accords during the days of political conflicts; project management; and authorship of many publications including some on HIV/AIDS. His presence is crucial for the CGE to pursue the feminisation of the religious text in a manner that accommodates both men and women.
3. Commissioner Sheila Meintjes is an academic whose work extends beyond university walls.
4. Commissioner Beatrice Ngcobo (re-appointed) has been a Commissioner during the first term of the CGE and was based in KZN. She brought with her vast experience in promoting the rights of both women and people with disabilities. Her gender and feminist perspectives have influenced her professional activities in health sciences. Her work with the CGE has included issues around HIV/AIDS and virginity testing in KwaZulu-Natal.

5. Commissioner Nombulelo Siqwana-Ndulo has a multifaceted academic background that cuts across sociology, education and gender and has written extensively on all these areas both in South Africa and Zambia. She has extensive research knowledge and experience in various aspects of women living in rural areas. She is currently running rural and women research projects in the Eastern Cape.

6. Commissioner Manana Tlake (re-appointed) adds a gender perspective in health sciences. She has been instrumental in setting up a strategic presence for the CGE in Free State. For the past two years, she made serious efforts in resolving problems affecting workers on farms.

Part-time commissioners:

1. Commissioner Sophia Williams-de Bruyn is a veteran activist in both national and gender issues. As a young activist, she was one of the four leaders of the march to the Union Buildings on 9 August 1956. She was involved in major campaigns in the 50’s such as mobilising for the Congress of the People and in trade unionism of the time. She lived in exile between 1963 and 1990 during which time she held various posts in the liberation movement.
2. Commissioner Thabisa Dumisa is an educator. Dumisa is currently a Provincial Co-ordinator for Transformation and Gender Equity in the Department of Education and Culture. This post enabled him to challenge obstacles towards to gender equality. His presence just emphasises our view that the struggle for gender equality and gender rights is not just a women’s issue. It is as much of a national concern as the attainment of any other human right.
3. Commissioner Themba Kgasi is a gender activist who has participated in various structures fighting inequality. Her background is entrenched in the labour movement, where she has been a long time serving member and staffer at COSATU. Kgasi is a seasoned politician who opted for labour and gender struggles instead of highly sought-after political honour. Her presence at the Commission will help intensify efforts to address labour and gender issues.
4. Commissioner Rashida Manjoo is a women’s rights activist and lawyer by profession. She is presently a research associate. She is also involved with the Women’s Caucus for Gender Justice at the International Criminal Court.

5. Commissioner Teboho Maitse has a long history of involvement in women’s activities and issues of national liberation. Maitse has extensive knowledge of gender issues and interpersonal relations. She has done extensive work on issues pertaining to violence against women both in Britain and South Africa. She worked as a lecturer in Women’s Studies at the University of Bradford where she taught research methods and gender.

Now, I will follow the logic of your correspondence to the Commission:

• CGE Annual Report 1999/2000;
• Annual Audit Report;
• SCOPA letter dated 11 October 2000;
• CGE’s response to SCOPA;
• Interim Income and Expenditure Statement for the Year ended 31 March 2001;
• Medium Term Expenditure Framework for 2000/2001/2002/2003;
• Strategic Plan 2001/2002;
• Synopsis of the Prioritised Strategic Plan (Fatima Seedat);
• National Gender Summit;
• Fact Finding Study of the Religious Sector in South Africa;
• Synopsis of what will be in the CGE’s Annual Report 2000/2001 (not in your package – copies to be distributed);
• CGE Act and amendments (for discussion with the Portfolio Committee members); and
• Curriculum Guidelines 2005 (not in your pack – copies to be distributed).

The Programme Of Action for 2001-2002 falls under three main areas of functioning, i.e., Monitoring, Public Education and Complaints.

The Monitoring Programme is as follows:

• Administration of Annual Report Card
• Curriculum 2005
• Development of baseline Indicators
• Domestic Violence Act
• Domestic Workers
• Equality Act
• Femicide
• Framework for transforming gender relations
• Gender and religion
• HIV/AIDS
• Local government (IRPD Mainstreaming guidelines)
• Maintenance Act
• Men against Violence
• Muslim marriages
• Social Security
• Spatial Development Initiatives
• Women on Farms

• South African Law Commission issue papers
• Girl Child Rape Cases in N Province
• Media monitoring

The Public Education and Information Programme is as follows:

• Campaigns:

• Dialogues (National Gender Dialogue)
• Information Dissemination:

• Publications: Contribution to Education magazine

• The Summit (consultative workshops)
• Workshops (with rural/urban, masculinity and religion as key features)

• 5 Areas (Summit excluded):
• Publications
• Campaigns
• Information Dissemination
• Workshops
• Dialogues

• The Complaints Programme is as follows:
• Evaluation and analysis of complaints handling mechanisms
• Litigation and seeking expert opinion
• Quarterly meetings
• Quarterly teleconferences with provinces
• Update of CGE information pamphlet to comply with the provisions of the Promotion of Access to information Act

The CGE’s draft annual report will capture our financial reports, staffing issues, programmes and activities, stakeholders and friends of the CGE. Last year was both exciting and disappointing. We have stuck to our mandate in pursuit of gender equality. The superordinate goal is the attainment of effective and substantive gender equality.

• Policy Implications

The state with the input of various statutory and civil organs has produced many policy and legal options that impact directly on the CGE’s work. Later in the report a full analysis of the policies and legal implications will be provided.

• Challenges and Gaps

A major challenge to the CGE and the national gender machinery as a whole is to get the gender equality on the national map. If gender is not part of that agenda, racism, disease and poverty will not be effectively addressed if there are no gendered solutions to these problems.

• Partnership with NGOs

The CGE has continued to build strong relationships with national and local Non-Government Organisations and Community Based Organisations. This has also strengthened the direct input of the civil society into the activities and strategic plans of the CGE.

As an entry point to monitor gender equality in the context of cultural context, virginity and witchcraft were chosen as case studies to inform the work of the CGE. Gender becomes even more difficult in a traditional setting.

The CGE held a Virginity Testing Consultative Conference in June 2000. This was held at Richards Bay in KwaZulu-Natal. It was a collaborative event between the CGE and the South African Commission.

The CGE has always held a view that race and racism cannot be explained in the exclusion of gender and other forms of gender-based discrimination. This view holds true. All our democratic gains may be turned into futility if gender inequality is not eradicated. After the defeat of apartheid, gender discrimination has been recognised as the universal scourge that should be eradicated with the might and wisdom that we have at our disposal.

As a follow-up to Beijing+5, the Chairperson represented the Commission in New York in year 2000. A number of issues were raised and finalised. Those were as follows:

• Women and Poverty;
• Education and Training;
• Women and Health;
• Violence against Women;
• Women and Armed Conflict;
• Women and Economy;
• Women in Power and Decision making;
• Institutional Mechanisms for the Advancement of Women;
• Human Rights of Women;
• Women and the Media; and
• Women and the Environment.

It should be noted with interest that the Southern African Development Community has again committed itself to the pursuit of gender equality.

The CGE has made invaluable inputs into the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights.

The CGE conducted and launched the results of an in-depth study into gender and the media. Media mirrors our society. If our media is sexist, our society is equally sexist.

The Recognition of the Customary Marriages Act was passed. Yes, indeed many of our people still suffer humiliation in the hands of financial institutions, for example. The CGE intends to begin education and awareness programmes highlighting the Act.

The CGE conducted a study into the patterns of Local Government Elections. This was based on empirical observations of the election processes in December 2000.

The gender based power relations that manifest in the HIV/AIDS epidemic/pandemic patterns will be analysed. The gendered aspects of the national health policy will be analysed so that gender power relations are deconstructed for their impact on the epidemic.

One of the constitutional mandates of the Commission on Gender Equality is to promote and protect gender equality by investigating gender - related complaints.

This is to ensure that the mandate to investigate gender - related complaints, is carried out fully. The Commission had earlier concluded a co-operation agreement between the Australian Human Rights and Equal Opportunity Commission to further strengthen the work that Complaints unit was involved in. The last activity entailed the drafting of workbooks on the complaints' investigation procedures and drafting of precedents - for the unit to have uniformity in the head office and the regions. Australians conducted workshops for the Unit. The workshops entailed a procedure that is followed when the complainant arrives at the Commission and all the routes that can be utilised to resolve the complaints. The participants at the workshops included some staff members from some of the chapter 9 institutions as well as the members of a few NGOs that the Commission has been working with in the gender related matters.

The Unit at the head office, received more than three hundred complaints from complainants that walk in, thirty percent of which have been finalised. In some instances where the complainants require legal representation the complainants are referred to institutions such as the Wits Law Clinic, Legal Aid Board, and other institutions that offer legal representation for indigent members of the community. In the provinces the complaints handled in the past year were approximately two hundred in each office. The Unit also receives a lot of complaints from callers to the Commission. In such instances the unit will either encourage the caller to come for consultation or suggest to them institutions to approach.

The majority of complaints received in the past year were relating to maintenance. Most of the women, who approach the Commission, have problems with the process that is not working for them when they claim maintenance. The problems brought to the attention of the Commission, range from being made to appear at the maintenance office repeatedly as the respondent does not show up on dates set for hearings and not getting any money after the maintenance order has been made. The other identified systemic problem with the maintenance complaints is that the members of the SAPS at times are indifferent when it comes to executing their duties relating to the warrants of arrest issued in the maintenance cases.

The following is the table indicating the types of maintenance complaints dealt with from the head office.

PROVINCES

ü Gauteng Province = 43

ü KZN = 6

ü Eastern Cape = 9

ü Northern Province = 9

ü North West Province = 2

ü Free State Province = 7

ü Mpumalanga Province = 1

ü Unknown Provinces = 24

There were a number of complaints that were lodged with the Commission against the Magistrates. One has been referred to the Magistrates' Commission as it was in the conduct of the said magistrate against the complainant. Th Magistrates' Commission found that there was no evidence that the Magistrate had made the alleged utterances. The other complaint relates to the magistrate who was apparently unfamiliar with the provisions of the Prevention of Domestic Violence Act, specifically the monetary relief that the complainant was seeking from her husband. The Magistrate was shown the specific sections in the Act and granted the relief that the complainant was seeking.

The next high percentage of complaints relates to the abuse of protection orders issued in terms of the Prevention of Domestic Violence Act. The unit has received complaints from females and males, where allegations of physical abuse are used to obtain protection orders. In some of the cases the complainants have protection orders withdrawn when they genuinely need the protection orders.

The complainants are at times siblings, fighting over occupation of their late parents' house, or partners in a relationship that has turned sour. Such matters are either handled by the unit indicating to the officers in the departments involved that there are other problems that could be resolved except the matter on protection order or peace letter.

Some notable complaints arising from gender discrimination in the print media were lodged by the Commission and other parties against two advertisers at the Advertising Standards Authority of South Africa. One was the Landrover Freelander 4 X 4 advert where a Himba woman's breasts were tilted in the direction of the motor vehicle in motion. The Commission and the Human Rights Commission argued against this advert at the Advertising Standards Authority of South Africa. The ASASA ruled against the advertisers.

A complainant who was married according to customary law was challenging the indigenous intestate succession law, as she was in part a partner in the business of her late husband. The commission indicated to her that although the Recognition of Customary Marriages Act is now in force, it does not cover marriages that are not registered. Her marriage ended when her husband died six years ago and the Commission could not assist her at all. It was suggested to her that she should approach other agencies that may offer her legal assistance concerning her stake as a partner in the business.

The following is the table showing some of the types of complaints that have been dealt with in the past year at the head office: -

Key:- NP + Northern province; GP = Gauteng province; FS = Free State; EC= Eastern Cape; NW = North West;

KZN= KwaZulu Natal; WP = western province

Although the constitutional democracy that was attained seven years ago is a reality on paper, there are still institutions and government officials who disregard gender equality and perpetuate the stereotypical treatment of women on daily basis. The Complaints Unit intends embarking on a drive to have meetings with all the institutions whose officials are complained about.

The CGE launched a framework for the transformation of gender relations in South Africa. The intention was to make the framework informative and relevant to the realities of the intended target. However, this also suggested a regular update and further development of the framework. The framework has been requested by both local and international partners, and has been used in several workshops facilitated by the CGE for evaluation purposes. Feedback received on the framework has also contributed to the evaluation process. The framework is available at the CGE offices, and can be found on the CGE website.

The framework will provide a basis for other anticipated CGE initiatives such as a gender training manual.

In 1999 the CGE undertook a study to establish how local communities, in particular women, were involved in Spatial Development Initiatives (SDIs) with special focus on the Maputo Development Corridor. Throughout the study the research team was in constant liaison with the Technical Committee. On completion of the study, the research report was presented to the economic ministry and the legislature. The CGE has been invited to help integrate the findings in current initiatives, as well as give input in the expansion of the corridor strategy.

The CGE contributed to the development of policies through requests by government departments, parastatals, a local government agency, student organisations, companies, including an international.

The CGE was invited by the Gender Education and Training Network to facilitate a gender policy session in Cape Town, on 22 August 2000. The CGE transformation framework was amongst the approaches and frameworks that were presented and discussed.

The CGE was also invited by Naledi to help develop a gender-sensitivity-training module for researchers.

The CGE made a presentation at the international conference convened by the CSVR on 30^th November and 1 December 2000. The conference was aimed at

In 1999 the CGE launched the Annual Report Card. In order to pilot the administration of the Report Card and develop it further, the CGE interviewed government officials in selected departments. These included the national Departments of Agriculture, Public Works, Environmental Affairs and Tourism, Land Affairs, Trade and Industry, Finance and State Expenditure. The developed report card will seek information from government agencies, beneficiaries of services and other partners.

It was anticipated that the first Report Card would be published in August 2000. This was however not possible, due to unforeseen circumstances. A consultative conference of role players in the national gender machinery to be held at the end of March 2001 will address, amongst other issues, the administration of the Report Card.

The CGE’s functions include the monitoring and evaluation of policies and practice of, amongst other institutions, all organs of state in terms of gender equality. The CGE has monitored electoral processes since 1999, and was also involved in a number of initiatives before and after the 2000 local government elections. These include:

• presentation at the national and provincial Party Liaison Committee meetings;
• a political party workshop convened by the CGE in the Free State, where the local MEC for local government participated;
• participation at partners’ meetings, workshops, conferences and roundtables convened by the IEC, IDASA, EISA, the Women’s Development Foundation, and the Women’s national Coalition;
• observation of local government elections in nine selected municipalities (one in each province) on 5 December 2000;
• a survey of voters in selected municipalities on 5 December 2000;
• presentation of a preliminary observation report to the IEC on 2 February 2000;
• a meeting with a representative from the South African Local Government Association (SALGA) and a local government gender expert from the Netherlands, to discuss a partnership in the development of a gender mainstreaming manual for local government.

A local government election report with several recommendations will be available for distribution in May 2001. The CGE will continue to liaise with authorities of the selected municipalities, and monitor the implementation of Integrated Development Plans.

The International Labour Organisation representatives from Geneva and Pretoria gave a presentation to the CGE's plenary. This was aimed at highlighting ILO programmes that could be partnered with the CGE in the area of Gender, Poverty and Unemployment. The CGE’s involvement in the build up to the Job Summit held in 1999 highlighted several policy issues that need to be raised. It is anticipated that current discussions on a draft document with ILO’s gender officer in Pretoria and Harare (Zimbabwe) will result in a project during 2001. It is also envisaged that focus will be at local government level.

The Gender Transformation Framework was presented at the Department of Water and Environmental Affairs (10 August), Department of Trade and Industry (1 September) and the DBSA (8 August).

Launch of transformation framework: (14/8)

Sexuality dialogue: 25/8 –

In anticipation of the Race Conference held at the Sandton Convention Centre in October 2000, the CGE facilitated a gender dialogue on race and gender, held on 28 August 2000. Participants included academics, gender activists, media and NGOs. The debates and discussions informed the CGE’s input (in the form of a pamphlet) to the national conference.

CGE Publications

• CGE Corporate Radio
• CGE Annual Report 2000
• CGE Pamphlet
• Issue Pamphlet: Racism, Culture and Religion
• Provincial Information and Evaluation

This specialized and computerized reference Resource Centre hosts a wide collection of gender materials and literature accessible to all individuals involved in research and advocacy on gender-related issues at national, regional and international level.

The CGE Resource Centre is a haven of networking and information exchange programmes in a form of seminars focusing on current gender issues. During the hosting of seminars, guests are invited to talk about various topics. The target audience for these seminars is NGO's, government officials, students and members of the public. Previously hosted seminars cover subjects on Gender & Sexuality, Women and HIV/AIDS and Status of Refugees in South Africa.

Monday – Friday: 09h00 –16h00 (excluding Public Holidays)

Latest Publications:

• School Health Education to prevent Aids & STD: A resource package for curriculum planner - students activities;
• Women in Politics and decision making in SADC beyond 30% in 2000s by SADC Gender Unit;
• The role of women in the struggle against apartheid, 1980;
• Women and Land Reform: redressing gender imbalances on land - in the rural sector;
• Islamic marriages and related matters by South African Law Commission;
• The African Renaissance;
• A handbook on CEDAW by SIDA;
• Out of the Blue: A police survey of violence and harassment against gay men and lesbians;
• Essentials of Customary Marriage; and
• Beijing +5 2000: report by the Women’s League of the African National Congress of South Africa

To increase public awareness and the appreciation of the need for gender equality in South Africa.

Gender Dialogues are debates about topical and sometimes controversial themes on gender issues. These debates are planned and facilitated by the CGE staff in all provinces. The Commission ratifies themes that are relevant to the situation at that point in time. Themes that were debated in the year under review were Domestic Violence and HIV/AIDS. The Commission will continue with this series to initiate debates on sensitive issues and to provide the forum for information sharing.

Since 1998 the CGE took the initiative of co-hosting the Women's Month celebrations with its partners. The last year’s Women’s month took the shape of media tours whereby the media were taken on tours to different provinces. The purpose of the tours was to enlighten the media about the state of affairs in a particular province in terms of gender equality.

The CGE conducted workshops with the intention of educating and informing its constituency about issues of gender. Workshops are facilitated by CGE staff together with Commissioners in all provinces. Workshops have been conducted in all provinces were the CGE has offices.

The Commission has secured radio slots again in the SABC's public service radios. The radio slots enable the commissioners and senior staff members to address gender issues and also to engage in dialogue with the listeners who need clarity of certain gender related problems. Thus far the audience participation in the programmes has been very much positive.

As a follow-up to the recommendations of the Conference on Witchcraft Violence, the Commission undertook to conduct the public awareness campaign in the Northern Province. The campaign took place from the 18^th till 25^th July 2000, in strategically identified villages of seven regions of the province. The campaign focused on education and information about the CGE and its role, HIV/AIDS, Rape and Witchcraft violence.

The outreach target for the roadshows was 2 million of people and that was to be done through direct (roadshows attendance) and indirect interaction (radio coverage). The target was reached through the combination of road-shows, attendance and good radio coverage that the campaign enjoyed.

The Commission on Gender Equality (CGE) in partnership with Gauteng based NGOs organised a seminar at the SABC to participate in the campaign for 16 Days of Activism for no Violence against Women. Different speakers were invited and some shared their bitter experiences with the audience. The Ministry of Justice was also invited to address the participants about violence against women from the government perspective.

This programme has been piloted by the Commission's office in KZN. It was planned to be an open discussion by men on gender, hence the need to have men only at different workshops. The Commission's expectation on this programme is that men who will go through the training will contribute towards the promotion of gender equality at their respective places.

The day is celebrated globally on the 15^th October every year. The CGE took the lead in organising the campaigns in the rural provinces such as the, Northern Province, Free state, Eastern Cape and Kwa Zulu Natal. The focus of the campaign was to raise the profile of rural women and to bring them to the forefront and to point out to Government the plight of rural women and the need for social development to eradicate poverty. The Campaign theme was women against poverty.

Campaigns in all provinces were celebrated in a traditional manner by exhibiting a variety of cultural artifacts, engaging in cultural activities throughout the day. Civil society, government, community leaders and traditional leaders honored the invitations and participated fully in the campaigns.

A series of workshops in KZN and Mpumalanga was completed. Radio slots were aired in both Ukhozi and Ligwalgwala stations, however, listeners from Radio Ikwekwezi have requested public education and information through this medium.

Through these slots it has been possible to disseminate systemic information relating to Domestic Violence, Maintenance, Recognition of Customary Marriages and Choice of Termination of Pregnancy legislation. During the women’s month media tours were held.

These set a good platform for raising awareness about the CGE in general and allowing participants to interact optimally.

The practice of virginity testing was identified as in KwaZulu-Natal at large, the burden of which lied on women. A series of workshops happened in the province after which a provincial conference took place in uThungulu region-Richards Bay. Its aim was to bring more people who are involved in the practice to have in-depth discussions around the practice and its impact on women’s and girl’s rights and human rights. Secondly, its impact in the reduction of HIV/AIDS and teenage pregnancy. Statistically none of these have been reduced.

As a cultural practice it is biased towards girls, done by women and is intrusive compared to that done to boys. It was with the hope that people would begin to develop strategies of dealing with the 2 social problems rather than stick to it as a cultural right above all else. The CGE, South African Human Rights Commission and the National Youth Commission are still faced with a challenge of dealing with this storm beyond the conference through planned activities that will bring even provincial government to talk about the practice, more so that it is supported by some of those in power.

A march to the provincial parliament took place at the close of 2000 against the CGE in its effort to promote gender equality. A petition was presented to the parliamentary Women’s Caucus which, has to address, the problem.

For the groups that have undergone the training an evaluation of the programme is currently in progress. In our interaction with various departments there seems to be demand for the project to be extended. It will be necessary to look at yet adding another province (funds permitting). Besides looking at men in general the CGE has yet another challenge of having to actively extend its sensitisation efforts to traditional leaders about gender and gender equality as most women who are its target group are under the jurisdiction of the traditional leaders. This would best inform the CGE in its submissions in this aspect.

The province of KwaZulu-Natal is receiving complaints which, are mostly of a systemic nature and especially at the implementation level. Some workplace discrimination and some racism is also coming to the fore. More and more complaints are being brought forward to the attention of the CGE (this is a sign of recognition).

An intern who has been with us from Michigan University did research into the work of the CCMA and that of the human rights/gender institutions in other countries. Apparently CCMA is dealing mainly with labour issues as compared to sex discrimination.

In 2000 the CGE worked closely with the then regional councils in strengthening their capacity in the promotion of gender equality.

The CGE has participated in national campaigns-Women’s Month, Rural Women’s Day and 16 Days of Activism. It would be important if at all possible in 2001 or years to follow to add on the campaign on International Women’s Day March 8.

Through partnerships with other orgnisations it has been possible to have some input with the Finance Portfolio Committee in KwaZulu-Natal to address the issue of the Women’ Budget. This was done in partnership with Provincial Parliamentary Programme (which also help raise awareness about the CGE in its publications) and the Parliamentary Women’s Caucus. The Midlands Women’s Group conducts discussions on the Virginity Testing saga.

KZN office is still doing caretaking for Mpumalanga province and this is made possible through the various community organisations.

Through the Maputo Development Corridor initiative it was possible to have some interaction with the Provincial Department of Economic Affairs and the positive steps that have been taken to improve the situation of women in MDC. To date the level of participation has moved from .5-1% to 11% representation both in the form of labour and entrepreneurship. Through the initiative of SAB over 30 women have become a co-operative manufacturing jelly babies and marshmallows.

It has been possible to work with and get support from the premier’s office in many ways including the premier availing himself for the CGE activities.

There has been co-operation of the disability sector in Mpumalanga by ensuring that it invites the CGE for special functions such as at a presentation of a cheque of R1.2m from the Department of Health to train Community health workers and to improve the plight of blind people at a presentation of a cheque of R960,000. The CGE has worked with the SAHRC around the area of disability.

The launch took place at KwaMhlanga old assembly under the auspices of the Department of Justice. At no time did the CGE pay for any of its activities when using the assembly as a venue. There were other activities across the province run by the CGE and the OSW.

There were many instances when the CGE worked with various organisations and networks in the province such as Domestic violence Network and Ukuthula Advice Desk, which played a pivotal role in extending the presence of the CGE and also enabled it to do its work in the province. The CGE is most grateful to all those who, are assisting and have assisted the CGE in its activities in the province including sign language interpreters. It was possible to do public education with less hassles.

HIV/AIDS is discussed at all interactions with various communities. To date trials are going to be happening in 2 health sectors per province that is, a hospital and 2 clinics working with it.

Pelagon formula is made available to mothers who are not going to be able to give exclusive breast- feeding. However, the problem in this situation is unavailability of safe clean water and safe environment to present further infections and other disease conditions.

The CGE first had meetings with Party Liaison committees before elections and played an observer role at uMsinga –KZN and Komatipoort -Mpumalanga.

The Pietermaritzburg based group is our long standing partner. It has been responsible for promoting gender equality including:

Holding its own Virginity Testing conference in preparation for the GGE’s one, the MWG was further by piggy backing on the Beijing +5 2000 process and lobbied government departments to condemn the practice in the province as it violates the rights of the girl child. Further it referred the CGE to a paediatrician, who deals with medico-legal matters to show slides at the CGE conference on VT to convince the testers of the dangers of their unscientific practice.

The MWG is willing and prepared to assist any province or region to adapt the Women’s Handbook.

This can be in the form of drama, music and dance. The idea of comics was explored, as it may be helpful to those who are not able to read but can follow.

Firstly as a public institution it is imperative that we form partnerships/associations with organs of civil society in order that we may disseminate information in more effective and better ways than we can do on own.

Secondly we have a duty towards the rest of South African society to work towards achieving gender equality within the framework of our statutory mandate.

Obviously the associations that we form have to be with organisations and individuals whose work strengthens the CGE’s vision and mission which is to promote gender equality in SA.

MTSD Training programme 3-7 April 2000

Common challenges faced by the CGE, the SAHRC and the Public Protector were reviewed at a workshop sponsored by the Management and Training Services Division (MTSD) of the Commonwealth Secretariat in December 1997. It was subsequently agreed that the capacity and performance of the joint management teams of these institutions would be greatly enhanced by joint training.

Senior management of the three institutions underwent training from 3-7 April 2000 in Johannesburg. The objectives of the course included facilitation of a better understanding of the shared administrative, financial and management challenges facing the three institutions; improved day-today exchanges and co-operation; and equipping management with the latest management tool. The following broad areas were covered:

• Strategic management;
• Financial management;
• Human resource management;
• Project management; and
• Knowledge management.

A workshop convened by the Heinrich Boell Foundation and facilitated by Khanya College was held from 11-15 September 2000. The workshop provided a framework within which to analyse the impact of violence against women. Focus was on:

• the position of women in the economy;
• macro-economic policy and its effect on women; and
• relevance of women's economic status and their experience of and responses to violence.

The workshop also provided a forum within which to network with individuals from organisations in the SADC region. For the CGE the information will contribute to the establishment of indicators in monitoring policies and programmes that are aimed at addressing violence against women.

A workshop convened by Tshwaranang and held on 12^th and 13^th October 2000, was part of a series of initiatives by Tshwaranang to mainstream gender into policies and programmes that address violence against women, with particular reference to HIV/AIDS. The workshop was attended by representatives of the network on violence against women, NGOs working in the area of HIV/AIDS, as well as legal practitioners. Knowledge gained at the workshop will inform the Commission's inputs to policies and programmes in respect of HIV and AIDS.

One of the functions of the CGE is the dissemination of information to raise awareness and educate the public about gender equality. This is done through structured programmes and other networking initiatives.

The CGE received a number of visitors who wished to find out about the role of the CGE. The objectives of the visits were different, and included:

• academics who wished to understand the functioning of the Commission for the development of theory;
• South African organisations and enterprises that sought assistance and advice on gender mainstreaming;
• students who required assistance with gender subjects for their studies;
• visitors who wished to share information on specific projects of the CGE such as Local Government Elections; and
• as well as a delegation on a study mission towards the establishment of a Commission in their own country.

Visitors in this regard were local and international, including those from Canada, Sweden, Nigeria, Tanzania, Netherlands, Zimbabwe, Germany and Malawi.

The CGE was also invited to give input at workshops organised by business, government departments and NGOs (including religious organisations). Specific input/assistance was also required for:

• international publications;
• research;
• nation-building;
• programme development (by Nairobi and US NGOs)
• radio programmes;
• establishment of South African links (Netherlands NGO); and
• documentaries.

The CGE also attended events that helped inform its programmes and monitoring function. These included:

• a workshop convened by the National Land Committee on 17 and 18 April 2000 to engage with policy changes (as announced by the Minister of Agriculture and Land Affairs) and discuss implications for land reform beneficiaries, especially women;
• A workshop organised by the Department of Labour (to update major stakeholders on the Employment Equity publications and provide guidance for the implementation of the Employment Equity Act;
• IDASA briefing in Pretoria (20 October 2000) on an evaluation of the government's performance, views on the overall political system, commitment to democracy, and participation in politics
• a presentation by the Minister of Trade and Industry on the Ministry’s Transformation plans, at the Human Sciences Research Council on 28 August 2000, and;
• a workshop on employment issues and opportunities in the informal Economy, hosted by the International Labour Organisation, Danish Embassy and the Economic Development Department of the Durban Metropolitan Council, on 26 July 2000, in Durban;
• a briefing and consultative meeting on the Transformation of the Financial Sector and the Building of Co-operatives
• a debate on traditional leadership and local government, hosted by Eskom/Tribute on 29 November 2000 in Johannesburg).

New Staff

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Immediate Future Projects

I would like to invite the members of the Portfolio Committee on Justice to avail themselves for the CGE functions and Gender Dialogues. Please come and use our Resource Centre and share ideas with our eminent Commissioners.

The Commission on Gender Equality (CGE) is an independent, statutory body established in terms of Section 187 of the Constitution of South Africa, Act 108 of 1996.

The role of the CGE is to promote respect for gender equality and the protection, development and attainment of gender equality. The powers and functions of the CGE are detailed in the Commission on Gender Equality ACT 39 of 1996. In terms of Section 11(b), the CGE shall inter-ail develop, conduct or manage information and education programs to foster public understanding of matters pertaining to the promotion of gender equality and the role and activities of the Commission.

The Commission welcomes the opportunity to forward its written submission to the Working Groups for the development of Curriculum 2005. The CGE read the report from the Human Rights and Inclusivity Working Group. Herewith are its observations and recommendations.

1. Background

The brief of the Working Group (WG) on Human rights, Values and Inclusivity (HRI) was to consider, amongst other things "issues of human rights, values, inclusivity, education of learners with special needs, multilingualism, racism, sexism, poorly resourced schools, the environment, etc." It was to "clarify human rights concepts and values", how to "infuse" these into learning, assessment, "suggest ways of ensuring them Human Rights". The WG was to develop a document on Human Rights and Inclusivity in schools and classrooms.

In order to read and generate a gendered critical review on the promotion of gender equality, this report will:

• Examine carefully the chapter that conceptualizes HRI in the context of education.
• Identify the omissions in regard to "sexism" throughout the guidelines in the chapters on specific areas.
• Review the chapter on Exit Level Outcomes for the GETC.
• Consider briefly the chapter on teacher training and development.
• Summarise the shortcomings.

3.1 What are Human Rights?

The chapter on the conceptual framework takes as a starting point the work of Locke and Hobbes, who talked in terms of equality. During the 19^th century these ideas were revelatory. The WG followed this up with quotations from the United Nations Document of 1948, which used terms uncritically such as "mankind" and "man".

At the time there was no recognition of the fundamental sexism embodied in such terms, nor was there a perception that one of the fundamental differences and marks of inequality exists between men and women. The WG could have considered, rather, the Women’s Charter of South Africa in 1954 which said that "the struggle to emancipate women from discriminatory laws and freedom cannot be won for any one section or for the people as a whole as long as we women are in bondage". And these sentiments were subsequently embedded in the Freedom Charter, a document on which our Constitution drew.

Whilst recognizing that everyone is equal before the law, special note should be taken that roughly half the population is unequal owing to their gender. Thus the very basis of the conceptual framework that the authors employs overlooks this fundamental fact that the population is far from homogenous, and the first basis for differentiation lies between the genders. Unless the rhetoric engages with this fundamental distinction it is likely that gender issues and sexism will remain as "add ons".

What is missing from the discussion is the part played by ideologies and cultural beliefs. After all introducing HRI into the curriculum involves combating deeply embedded ideas on human rights, including sexist and other repressive forms of behaviour. It could have been helpful had the authors pursued the ideological component of what he was analysing. The WG would then have given a greater emphasis to what was his brief, viz. to consider sexism and racism. Had they recognised this and had they seen these as major problems/issues then their framing of their guidelines would have been different.

Each of the guidelines would then have been able to start from the assumption that they were dealing with ideological issues and not hard concrete facts. Their formulation of the guidelines might then have taken a different, simpler, more direct and attainable form. The WG touched on this whole question of ideology indirectly when they spoke of the role of the "whole school approach." This involves, as they say, education relations, composition of the school, learner composition, pedagogic relations, the curriculum and so on. But the Guidelines document is concerned wholly with the curriculum and as such does not address these issues.

The WG refer to inclusivity in education as embracing those who are victims of HIV/AIDS or are in need of some form of counseling. But this does not fall within the bounds of the curriculum but relates to what he terms "infrastructural issues and questions in regard to teacher development". The WG recognise, however, which values the curriculum promotes and which it does not. The view of the WG is that the new curriculum should no longer permit teachers to choose freely what to include in their areas.

There have been attempts to address gender inequities since 1990, although it got off to a slow start. The National Education Policy Initiatives (known and published as the NEPI Reports) did not include the report on gender differences. This was subsequently published by the Witwatersrand University’s National Co-ordinating Committee.

The ANC’s Education and Training Policy did identify women as part of the "most neglected and marginalised group". In 1994 the ANC Implementation Plan for Education and Training included a task team on Gender Equity in Education and Training. Its recommendations were incorporated in the Education and Training White Paper and this subsequently established the Gender Equity Task Team that published its extensive Report at the end of 1997. At the international level there is the Convention for the elimination of Discrimination against Women (CEDAW) of which South Africa is a signatory.

The government adopted a Declaration on the Elimination of Violence against women. All these initiatives and far more were set out in the Gender Equity Task Team’s Report. In this Report issues on human rights, violence, the curriculum, South African Qualifications Authority (SAQA) teacher training, early childhood learning, a long chapter on schooling to mention only some of the work were addressed.

The Task Team did view gender inequalities as an integral part of the negation of human rights. It is significant that although the Working Group has included in its list of sources the Convention on the Rights of the Child, the Universal Declaration on the Rights of the Child, African Charter on Children’s rights, and the South African Constitution and Bill of Rights, there is no mention of the Task Team’s report on gender differences.

It is clear that the conceptual framework on human rights and inclusivity has overlooked some key issues. This has had a deleterious effect on the guidelines developed by the WG.

Before dealing with the discrete areas of learning, it is useful to point out that the working group considered what they termed infra-structural provisions, monitoring, and open-ended checklists. The infra-structural provisions include levels of resources, access to schools, provision for disabled learners and school buildings. In making reference to these, the WG has fulfilled part of its brief. They recommend the establishment of anti-discrimination units to oversee the provisions and the realisation of their goals. The WG highlights some of the disillusionment that has prevailed in terms of implementing curriculum changes and development, and here they include discrimination referring to race and gender.

The WG provide a checklist for each area. These include stereotypes on racism, sexism, HIV/AIDS and so on. There are some obvious gaps. So for example in the Human and Social Sciences no reference is made to the huge strides made in the past 50 years to analyses on gender differences. The WG talk only in terms of History and Herstory: History, women and Gender. In Economic and Management Sciences no mention is made of division of labour that affects women very specifically. Economic exploitation, slavery, colonialism and imperialism are included, but nothing on women.

In Technology the WG refer to the convention on the Rights of the Child. Again there are the same omissions about girls and women. In Arts and Culture the WG raise the problem of what constitutes culture but in the subsequent detailed discussion of this area this point seems to have been overlooked. In what may well be one of the major areas that could tackle gender differences, viz. Life Orientation, questions about whether the statements have taken account of different categories are cited and still there is no mention of gender differences.

What follows is a more detailed discussion on each of the areas in the curriculum as discussed in the final chapter of the Guidelines.

The curriculum is obviously one of the most important elements of schooling. It is the foundation of all learning. It is through the curriculum that previous inequities may be addressed, in particular racism and sexism. The principles of Curriculum 2005 are predicated on anti-discrimination, human rights, inclusivity, democracy, common citizenship and nationhood, and redressing the past inequities.

The outcomes have been specified by the SAQA which emphasises the "importance of critical contextual and relational thinking skills, decision-making skills, respect for cooperation with others and human resources development". All of these are admirable, but in the course of these generalizations, the specificities of human injustice, including gender differentiation tend to be lost, as already pointed out.

With the changes in the curriculum to Outcomes based learning, and the demarcation of specific areas of study, the guidelines for learning areas in Languages, Mathematics, Natural Sciences, Economic and Management Sciences, Technology, Arts and Culture and Life Orientation. will be discussed.

The WG is of the opinion that these three areas would find it difficult to come by "explicit content on human rights that could be incorporated." Consequently the WG posed questions relating more to the schooling process. So the WG asked about the accessibility of technology, mathematics and natural sciences to girls.

In the chapter on guidelines, the WG talks of the importance of the teacher who "should be knowledgeable about the key documents relevant to HRI". When WG looks at communication within technology it defines the issues and problems in relation to sexism, racism., xenophobia, and derogatory language, but does not provide any details in this regard.

It is by no means clear whether previously labeled subjects such as home economics or domestic science would come under technology. Irrespective of its name it is to be hoped that it will be included in the new curriculum. It comprises "really useful knowledge" and as such should be provided for both girls and boys, and not be seen as one of those areas that locks girls in to a domestic mode, as the WG had suggested earlier. No mention is made of the exclusions, in general, of girls from technological areas.

2. Mathematics

In the chapter on Mathematics, the WG refers to the ‘difficulty of introducing a specific content on human rights that can be used in the teaching of this learning area’. What it comes up with is reference to mathematics having been dominated by men and "whites". The WG does not consider the class based nature of those who do follow through mathematics at schools and the relatively speaking small number of learners who do take mathematics to the end of their school career.

It is well known that girls in particular, shy away from pursuing mathematical studies. The WG could well have referred again to the schooling processes and their affect on the accessibility of mathematics to the learners.

Here the WG, when discussing the Natural sciences does see a role for HRI in terms of critical debates on controversial issues in the construction of scientific knowledge, and in moral responses to certain scientific work. It is in certain parts of the Natural Sciences that questions relating to the sexual differences between men and women could be undertaken and the consequences on their behaviour. When providing exemplars of case studies, the WG selected one on HIV/AIDS. There is unfortunately no indication of whether such a case study would include male/female sexuality and emotional differences between the two, power relations and so on.

In the three areas some mention is made of accessibility but not how to realise the increase in numbers of girl participants. It would seem that, apart from the section in the Natural Sciences, presumably Biology, and a small section in Technology, issues on HRI are extremely limited. What would be more important is the inclusion of HRI in all teacher-training programmes as part of the in-service training. This is discussed below.

The WG sees "EMS as one learning area where the impact of the social division of people in terms of race and class receive explicit emphasis". Yet it is only between grades 7-9 that issues of racism / sexism are included. The WG do further on alter its position slightly in that he says that "The ways in which the division of labour has promoted forms of clasism, racism, and sexism can received attention". The role of women the labour market is an extremely interesting one and should be explored in such a module given the concern with human justice. There is a great deal of data from which to draw.

In this chapter on guidelines, the WG concentrates on mutilingualism and the crucial role of language in terms of understanding. The WG further says that throughout their "schooling career, learners will learn in an environment that is built upon a culture of human rights". The selection of texts becomes extremely important within this context. The WG says that the effect of HRI will be to "develop tolerance for differences (racial, religious, cultural, gender) within the group".

Given the knowledge about gender identities being formed from the time of the acquisition of language it is surprising that its relation to sexism should only be raised as a core issue during learners’ adolescence. Much could be achieved with young children in making them aware of their use of language and how it contributes to sexism, racism and other forms of stereotyping.

6. Arts and Culture

The WG in this guideline chapter relates Arts and culture primarily to creativity. The WG does differentiate between high and low culture. Very tangentially he refers to racism, sexism and discrimination against women, particularly in the performance work in the older years. If this is to be attained then the teachers would have to learn clearly about such issues.

In the conceptual chapter Life Orientation is seen as the major area where HRI can take place, and in which sexism could be addressed. The WG emphasises, however, basic political literacy, peace, environmental democracy and anti-discrimination, without specifying how this would address specifically issues on racism and sexism.

The WG specifically says that they should develop the ability of the person to "participate as a responsible citizen" and " to develop respect for cultural diversity and the active exercising and promotion of human rights and the disposition for being culturally and aesthetically sensitive". It is by no means clear that this would include sections on sexism.

It has not been possible in the course of this review to consider the overlap aspect. But it is clear that the same points come up in all the different areas. This overlap needs to be eliminated thereby providing space for more specific attempts to address the pressing issues of violence, sexual abuse, HIV/AIDS and gender differentiation. In other words it could provide the scope for dealing concretely with some of the pressing issues and problems. Specifically on gender differences, there has been no indication of knowledge on the tremendous strides that have been made over the past 40 years on gender differences. These differences have highlighted the denial of human rights to roughly half the population.

Further research has shown how successfully children during early childhood years and primary school can learn about alternate solutions to inequitable practices among their peers. This was discussed at length in the GETT Report. This is particularly significant given the high drop out rate particularly amongst African learners after the first years of schooling. This point was recognised in the chapter on guidelines for Foundation Phase Learning, but somehow not developed when the learning programme on life skills was examined, or when the strategies for including HRI into the programme were raised.

5. Exit–Level Outcomes for HRI for the General Education and Training Certificate

The WG points to the international consensus on the importance of HR education

(Note that it does not include the term "inclusivity"). The WG briefly provides some comparative data. They briefly provide some comparative data. In the particular model to which the WG refers, there is recognition of the need for considering discrimination against women, but there the matter rests.

There is an emphasis on participatory citizenship, civics and governance but again no mention of gender in this regard. The WG describes HRI as "transversal" where the exit-level outcomes and assessment standards "will integrate Human Rights and Inclusivity issues".

It is interesting to note here that the GETT Report did include in its chapter on schooling a section on Quality Assurance. Th WG recommended that "Within the Quality Assurance Directorate, an officer with considerable expertise in social justice matters, including gender equity should be appointed with the task of ensuring that all quality assurance processes take account of gender issues.

The National Department of Education should provide in-service training for Quality Assurance Officers at provincial level to enable them to help school develop gender equitable practices consistent with standards set at national level."

It is clear that without adequate teacher comprehension of the principles involved in any HRI component of the curriculum the work will not progress. This question of teacher training and retraining must be high on the agenda of the Department of Education. No change may be made in the curriculum without adequate training of the educators themselves. As the WG in this chapter point out "the requirements of teacher development are embodied in the Norms and Standards for Educators" which refer to "community, citizenship and pastoral life."

This could embody the ideals of HRI but it would require a full investigation of the current curriculum of teacher training courses to determine whether this is the case. In a bold move the WG argue that the ideals of HRI are a necessary prerequisite for all teachers, presumably on the basis that their concept of HRI are not in integral part of teacher training.

It is encouraging to note that in the table on specific practical competencies as defined by the Norms and Standards document there is an "emphasis on violence, drug abuse, poverty, child and female abuse and HIV/AIDS", as well as a call for an "understanding the impact of class, race, gender and other identity forming forces on learning". If all these aspects are, indeed, part of teacher training and development then the work has been done.

However, it is likely that it would need a great deal of reworking and redefinition, together with the outcomes based formulation to attain these goals. Indeed, to this end the WG argues that HRI should be an integral part of all training programmes, and further, that HRI should be recognised as part of national policy. The importance of this recommendation cannot be underestimated, particularly given the nature of education training programmes which tend to focus on specific fields with specific concrete "facts" that need to be imparted to the learner.

What is missing from this chapter is a recognition that teachers come to their training with their own set of values and beliefs that may well be in opposition to some of the principles of any HRI programme. It would further have been helpful had the WG recommended an inclusion in their recommendations something that would deal with what is known as the "hidden curriculum".

What remains in question is the full content of an HRI programme. As set out above, there is a dearth of work on both gender and race and, perhaps, too great an emphasis on rather abstract notions.

• No clear definition of Human Rights concepts particularly in regard to the heterogeneity of the South African schooling population, with particular reference to gender differences.
• No definition of sexism and how it is understood in the document.
• No analyses of class, gender and ethnic differences.
• An absence of expertise in regard to gender differences.
• No apparent knowledge of the vast literature on all aspects of gender and education, gender and the labour market etc., as well as the GETT Report.
• Overlooking the role of women in the labour market.
• The role of women in technology and economic and management sciences overlooked.
• A failure to develop the full potential of Life Orientation Area.
• Recommendations could have been set out in a clear form.
• The urgency of dealing with the problems generated by sexual abuse, violence against girls and women, and boys and men, and the HIV/AIDS epidemic should have been given full attention.