CEDAW STUDY REPORT

Rationale behind study

Work of the Joint monitoring Committee on the Improvement in the Quality of Life and Status of Women
.(JMC)
The JMC on the life and status of women has as its mandate oversight of gender mainstreaming within the legislative and governmental processes. The committee therefore has the responsibility of ensuring that government fulfills its obligations under national and international law. This includes all constitutional provisions, CEDAW (Convention on the Elimination of all forms of discrimination against women and the Beijing Platform of Action (BPA). The committee has engaged in extensive work developing a monitoring system of all laws, policies and programmes. In addition the committee has initiated and developed the Women’s Budget programme that is aimed at monitoring government departments in their targeting and allocation of funds with the idea of establishing the benefits to women and the bridging of the gender gap.

CEDAW Article 2, 17 (1)

Why was Masimanyane chosen to conduct this study?

Masimanyane Women’s Support Centre, an NGO that focuses on violence against Women coordinated the development of the first NGO shadow report in 1998. This report was presented in New York to the CEDAW committee when South Africa reported for the first time on its implementation of the convention. This NGO Shadow report resulted in recommendations being put forward to the South Africa government which influenced the development of new legislation

Masimanyane's work on CEDAW has expanded and now includes:

The development of a monitoring that NGO's can use to assess State accountability
Masimanyane has developed strong international links with organisations and institutions including the United Nations Division on the advancement of women who work on CEDAW
Was commissioned to coordinate an international study to assess government initiatives to implement CEDAW – a joint initiative of York University, Canada and the UN division of the Advancement of women (DAW)
Conducted extensive training nationally on CEDAW.
Introduced rural women’s groups to the use of CEDAW
Appointed the African coordinator of the Global Campaign for Adoption of the Optional Protocol to CEDAW.

Masimanyane works closely with International Actions Watch Asia-Pacific whose totally focus is the monitoring of the CEDAW convention. Masimanyane is in the process of preparing a second shadow report to the United Nations to coincide with South Africa’s next report that is due in June 2002.
CEDAW Article 7 (C)




Methodology

This study was conducted using various forms of data gathering. Individual interviews formed part of the study while focus group discussions; training sessions and support groups provided some of the information. Masimanyane convened a national conference to gather information from women on gender and racism and its impact on the lives of South African women.

This conference took the form of round table discussions that provided the opportunity for women to share their lived realities. Much valuable information on the current quality of life and status of women from all walks of life was gained.

For the field research there were two principal researchers assisted by 15 female and two male interviewers. The first step in the process of data gathering was to train the people conducting the interviews. All the people involved in the research were trained counselors and public educators. They had extensive knowledge on human rights in general and CEDAW and the Beijing Platform for Action in particular. The training therefore covered the interview schedule and focus group discussion format. One or the other of the two principal researchers supervised all the fieldwork. Teams of five people visited each province. The organisation's extensive networks were asked to coordinate the meetings and this gave us tremendous outreach into communities in the provinces that we visited. It also served to strengthen the alliances to the benefit of both Masimanyane and the host organisations.

Interviews were conducted in five provinces. In addition, access was gained to a sixth province when a group of women were on a visit to the Eastern Cape. Both rural and urban communities were visited. Women who were employed, unemployed and retired were interviewed. Different religious and cultural groups were included. Women of different age groups were included. Women from all walks of life, national, provincial and local government to the deepest rural areas.

An overview of the CEDAW Convention

The Convention on the Elimination of all forms of discrimination against women is the principle international legal instrument addressing women’s rights and equality. Shanthi Dairiam of International Action Watch Asia Pacific defines CEDAW as a standard setting instrument for the actualization of the human rights of women. It’s uniqueness lies in its mandate for the achievement of substantive equality for women, which requires not only formal legal equality but also equality of results. By recognizing that discrimination is socially constructed and that laws policies and practice can unintentionally have the effect of discriminating against women, the convention sets the pace for a dynamic proactive approach to women’s advancement. Under the regime of the convention, neutrality has no legitimacy. Positive actions are required of the state to promote and protect the rights of women".

The convention is based on three principles.

The Principle of Equality
The Principle of Non-Discrimination
The Principle of State Obligation.

These principles provide the framework for formulating strategies and give meaning to the articles of the Convention.

Definition of discrimination

The convention defines discrimination as…. "Any distinction, exclusion or restriction made on the bases of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women irrespective of their marital status on the bases of equality of men and women of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field".

The convention emphasizes that discrimination against women violates the principles of equality of rights and respect for human dignity.

Differences between women and men

There are two sets of differences between men and women. Sex/biological differences which are the differential reproductive capacities of women and men, and gender differences which are socially constructed. The construction of gender difference determines what is expected of us, what is allowed to us and what is valued in us on the basis of sex. This in turn determines the nature and extent of disadvantage, disparity and discrimination. Gender differences can be found in the construction of identity – the way we perceive ourselves; relations – how men and women relate to each other; and roles – what men and women do.
The manifestation of gender difference is espoused in various ways such as functions, power, behaviour, and access to resources and skills, responsibilities, rights, privileges etc.

Models of equality and approaches

Ever since women have been laying a claim to equality, there have been several approaches to equality.

The formal model of equality

The formal model of equality regards men and women as being the same and therefore sets out to treat women the same as men. Advocates of such a model will argue for the provision of equal opportunities for women but will not expect women to access the opportunities and perform according to the same rules and standards as men. Anything less than this would, in their opinion, lead to further discrimination against women, as women they would be seen as inferior to men.

This model does not take into consideration the biological and gender differences between women and men. This places a great pressure on women who have to perform according to male standards.

Women cannot have access to or benefit from opportunities in the same manner as men when there is so much difference between the conditions of women and men. Or if they do, it will be at a great expense to them. For example, if women and men are given equal opportunity to employment and this requires doing shift work at night, women will not be able to have access to this opportunity, as the social environment is not conducive to women moving about at night. Women who attempt to do this put themselves at risk of harassment or assault. The formal model of equality adopts what can be called single standard rules.



Recognising difference


The formal model of equality can also recognise difference. In this sense it will say that since women and men are different then they can be treated differently even if it means that women and men benefit differentially to the disadvantage of women. For example, in certain categories of jobs such as that of air stewards there can be compulsory retirement age that is lower for women under the assumption that women lose their attractiveness earlier. This is not seen as discrimination, as only those who are alike need to be treated in the same way. Slaves did not need to receive the same privilege as their masters as they were not the same.

Protectionist approach


Protectionist approaches see the difference between women and men but constitute these differences as weakness or inferiority in women. If night work is unsafe for women, it is diagnosed that women are weak, not that the environment is unsafe. The solution then is to control or correct the women and not to correct the environment or provide support for women to cope with an unsafe environment. In this sense the difference is considered to be naturally ordained and the approach serves to reinforce the subordinate status of women.

The substantive model of equality

The substantive model of equality that the Convention promotes adopts the corrective approach. This approach recognises difference. In particular, the Convention recognises that the function of child bearing is borne exclusively by women and presents a case for viewing child bearing as a social function which cannot be used as a basis for discrimination against women. (Refer to the preamble and Article 5)

Principle of state obligation - its role in protecting women’s human rights

The Convention carries with it the principle of State Obligation. Under this treaty the dynamics of the relationship between the State and women is no longer one of the dependency of women on the goodwill or vagaries of the State, but one in which the State has responsibilities towards women from which it cannot withdraw. Theoretically, the implementation of the Convention is binding on all State Parties. There is also a monitoring mechanism. All State Parties have to submit periodic reports to the Committee (CEDAW).

Some basic principles of state obligations are as follows: -

Obligations of means, through laws and policies and obligation of results. The latter requires that the state ensure undertaking extra measures implementing enabling conditions etc. so that women’s capacity to access the opportunities provided enhances the practical realisation of rights by undertaking. This means,

Not just guarantees of rights but ensuring the realisation of rights
Not just de jure but also de facto rights
The state is obligated not only to regulate itself but also the actions of private persons and institutions.



The implementation of the Convention is binding on all State parties. State Parties are not only obliged to bring their domestic law in line with the Convention but also to ensure the practical, realisation of rights by undertaking extra measures implementing enabling conditions etc. so that women’s capacity to access the opportunity provided is enhanced.

A Brief Outline of the Convention

Article 1
: Definition of Discrimination
Article 2: Policy Measures to be undertaken to Eliminate Discrimination
Article 3: Guarantee Basic Human Rights and Fundamental Freedoms on
An Equal Basis with Men
Article 4: Temporary Special Measures to Achieve Equality
Article 5: Sex Roles Stereotyping and prejudice
Article 6: Prostitution
Article 7: Political and Public Life
Article 8: Participation at the International Level
Article 9: Nationality
Article 10: Equal Rights in Education
Article 11: Employment
Article 12: Healthcare and Family Planning
Article 13: Economic and Social Benefits
Article 14: Rural Women
Article 15: Equality before the Law
Article 16: Marriage and Family Life
Articles 17 – 22
Detail the Establishment and Function of the Committee on the
Elimination
Articles 23 – 30
Detail the Administration of the Convention


General Recommendations

General Recommendations are statements on the meanings of the Convention provisions; on what kind of information should be included in State Party reports, e.g. dealing with issues related to specific articles that have been noted as a concern during consideration or reports; and on Convention-related issues, such as the impact of reservations.

In Summary State Obligation entails the following:

Prevent discrimination
Prohibit discrimination
Identify discrimination and ensure redress
Impose sanctions against discriminating acts
Promote women’s rights and equality through proactive measures
Accelerate de facto equality





The Beijing Platform of Action (BPA)

The BPA was developed at the World Conference on Women, which was held in Beijing in 1995. The platform for action is an agenda for women’s empowerment. It "aims to remove all the obstacles to women’s active participation in all spheres of public and private life through a full and equal share in economic, social, cultural and political decision making.

Equality between women and men is a matter of human rights and a condition for social justice and is also a necessary and fundamental pre-requisite for equality, development and peace. The full realization of all human rights and fundamental freedoms is essential for the empowerment of women. While the significance of national and regional particularities and various historical cultural and religious backgrounds must be borne in mind, it is the duty of state regardless of their political, economical and cultural systems to promote and protect all human rights and fundamental freedoms" (Beijing Declaration and Platform of Action).

The convention provides the legal standard for women’s equality The BPA creates the context in which CEDAW can be applied. The BPA established a basic group of priority actions to be carried out over a period of five years.

The Beijing Platform for Action identified 12 critical areas of concern that required governments the international community and civil society including NGO’S to take strategic action to ensure the achievement of women’s equality and empowerment.

The 12 critical areas are:

Women and Poverty

Education and Training of women

Women and health

Violence against Women

Women and Armed Conflict

Women and the economy

Women in power and Decision making

Institutional mechanism for the advancement of Women

Human Rights of Women

Women and the media

Women and the environment

The girl Child
The South African government’s response to CEDAW and the BPA.


This Study forms part of a monitoring framework for assessing government's implementation of CEDAW and the Beijing Platform of Action. The framework has 8 components to it. This component of the monitoring framework attempted to gather information on the reality of women's lives across the country to establish the existence and extent of discrimination against women. Women from, all walks of life were interviewed.

CEDAW RESEARCH FRAMEWORK - DEVELOPED BY MASIMANYANE IN CONSULTATION WITH IWRAW ASIA-PACIFIC
.

1. Evidence of disparity or disadvantage

2. Contributory factors - Why is his happening?

3. Effects on women

4. What should the state do about it? What is the state obligation?

5. What has the state done? Identify gaps in the course of this assessment

6. How effective is the state in doing what it says it has done?

7.Gaps cp;pumn. What is done weakly? What is not done.
Recommendations - Advocacy strategy.

 

Ideological factors; social construction of gender; material factors- lack of awareness, access and education

At risk of losing life, health, injury, pain or lack of confidence etc.

Refer to step two (2)

     
 

Institutional support factors on this- Is there a law or not? This is the clue to what the state should be doing (See 4).

         


The first level of information gathering - Evidence of disparity or disadvantage. Identify elements to look at to understand the issue. Eg. Types of violence, forms of violence and the intensity or degree. Which is more prevalent. Identify the scope of the research - urban or rural or other. Mention particular region or district or province. As a sample of what is happening. Develop a victim profile and a perpetrator profile.

Due to time constraints, it was clearly not possible to interview large numbers of women across all the provinces. The study is therefore not conclusive but it does provide insight into women's lives across many spectrums of society

Using this framework, Masimanyane conducted the interviews with a view to establishing the existence of discrimination against women and the extent to which it is present. The study records the reasons that women think are responsible for the continued discrimination and it indicates their thoughts on how this should be addressed. Finally, the researchers provide their own views on what mechanisms could assist the process of eliminating discrimination against women and girl children. This study is a work in progress.

INTERVIEW SUMMARIES

Knowledge and views on new legislation and government programmes
CEDAW Article 2, 13, 16

Some women interviewed said the new Maintenance Act had benefited them, but many had no knowledge of the act. Rural women had far less knowledge and even less access. In some provinces magistrates told women that there may be new laws but they "had their own laws". Those who benefited from the act were those living in urban areas with greater access to information and services.
Many women also said that there were insufficient staffs in courts to monitor whether or not men were abiding by the judgments made in their favour by the courts.

Women welcomed maternity leave benefits across the country.
CEDAW Article 12, 16

Some women spoke of how the New Domestic Violence Act benefited women.
CEDAW Article 12,16, G.R. 12,14,19

However they complained about the lack of police sensitivity when reporting domestic abuse; the failure of the police to respond to calls in many cases, many police told women that this was a domestic dispute and so they would not intervene. If the woman reporting the domestic abuse was the wife or partner of a policeman, they said that the police would refuse to open a docket or investigate the matter. Women also spoke about the lenient sentences courts imposed on men and the poor attitudes of magistrates towards them when they went to court. Many women spoke about being belittled by magistrates who failed to understand the nature of domestic violence.
Magistrates were generally seen in a very poor light and had little or no understanding of gender issues. Women also spoke of the terrible ways in which they were treated during rape trials. Magistrates often blamed them for the rape and did not treat them with respect. Sentences handed out to convicted rapists were also seen as too lenient. A number of women spoke of men who were repeat offenders for rape, but who were still living in their communities because of police bungling the investigations or lenient sentences. Women also spoke of men who had raped and when they were out on bail raped again. All communities welcomed the practice of ensuring that bail is not granted to alleged rapists.
While many had no knowledge of the Customary Marriages Act, those who had some knowledge rejected it, saying that it could only have negative consequences for women’s lives.
CEDAW Articles 5,16

Human Rights and fundamental freedoms
CEDAW Articles 2,3,4,5,7(C); BPA 7,9

Women’s Voices
Women know that there is a constitution. Some know that the constitution protects their human rights but no one actually knew what the rights were that the constitution guarantees. Many women said that they were glad that they had rights now. Some women said that women could do more since they had these rights. Still, they could not say what the actual rights were. Less than 20 could name more than 2 rights.
CEDAW Articles 2.3; Beijing Platform of Action Article 9

Some academics were able to provide important views. One said " we still discriminate against people who are different to ourselves. Understanding human rights means that we need to start respecting one another and be shocked out of our stereotypes of the other". She went on to say "Government has to lead by teaching people. Unfortunately, government leaders are not concerned about people. They need to be less materialistic and be seen and heard at the grassroots level. They should be seen as ordinary people leading by example".
CEDAW Article 5

Very few women knew anything about the national gender machinery. Those who had heard of either the Commission on Gender Equality or the Office on the Status of Women referred to these institutions as: " The August 9 people". No one in 4 provinces knew of any programmes, campaigns or activities of the national machinery or had ever met a representative of these institutions.
CEDAW Articles 3,4

Women working in government departments said that they did not know of the existence of an OSW. They were shocked to hear that the offices were right within their midst.

Women said that they expected government to take the lead but NGO’s and women’s groups must assist women to move from being victims. One woman said, "we must stop being a begging nation"
CEDAW Article 7(C)

Women complained about the OSW "stealing" their projects and laying claims to their work. Overall, perceptions were very poor even at the level of provincial government.
CEDAW Articles 5, 16

Voices of men
Men tended to know more about Human Rights as a concept than women did. They also had very strong views about women’s rights. Men said that women’s human rights are a grand thing but "women must not think that they can bring this into the house". "They said that the government has gone too far with women’s rights. They must draw the line somewhere. Things need to change for men too".

Other views were:
"Basic justice seems to elude a lot of us. This is a big problem; you can’t legislate morality. We talk about human rights without an emphasis on human relationships. The Government is doing the best they can but there are certain things which have to come from the people themselves, a human responsibility and duty".

"Little has changed in the home due to political intervention. I’d say democracy has not reached the home. There is no social responsibility filtering down; it is everyone for themselves. This is carried into the home that is less of a unit now than before. People are more interested in their own wellbeing. It is clear now that Biko was right; racism is not gone whether the household is White, Black, Portuguese or whatever. The problem that Biko foresaw is our internal racism and gender oppression. We do it ourselves having internalized it"

Temporary measures
CEDAW Article 4

Neither women nor men could recall any special measures that government had put in place. Some women in Kwazulu Natal mentioned that there were some attempts made in one area to bring women into the building trade. There were many obstacles to this the main being that men of ethnic groups other than that of the woman did everything they could to sabotage the efforts to include women in building projects.

"I tendered for a building contract and was given it. I needed transport to carry the material to the building site. At first, there was an African transport manager who helped me and I paid for the transport out of the payment that I received for the work. He was promoted and the Indian man and his White supervisor who took over refused to help me. They ensured delays to the work and then claimed that "This woman is not able to manage the work".

This kind of sabotage was rife. Men deliberately try to keep women out and often bring their buddies in after the women leave. Women spoke of the bribery at the local government and provincial government level. Women said that they would only be granted a contract if they agreed to pay for it. Men exploited women mercilessly when it came to awarding contracts. Women also said that the tenders that they had to fill in were cumbersome and often prohibited them from trying to apply.

Women generally were sceptical about the temporary special measures saying that too much was expected of them, no support provided and too often they were left unhappy and discriminated against. Women refused promotions in some companies because of the pressure it put on them. They also spoke of the fact that men resented women who were promoted and they would do anything to make life difficult for them. In one case, a man refused to fulfil his obligations and would not furnish the female supervisor with his reports. The manager told her "not to be harsh" towards the man but were shouted at when she was not able to deliver her work because of the man’s non-delivery. Women said that there was still a huge problem around the fact that men expect sex in return for promotions.





Stereotypical images of women.
CEDAW Articles 3,5

At first women said that things had changed a lot. Many said that men were not as abusive since the new government has taken over. When probed, they said that on the surface things seemed better but in reality this was not so.

Generally women were most concerned about how men viewed them. They felt that little had changed in this regard. Women were also concerned about how they viewed one another. There is much suspicion and animosity towards one another. Some said that women are their own worst enemies. Women in rural communities said that they were lower than men. Some women said that they were born disadvantaged just because they are women and this is perpetuated throughout their lives. They said that culture and religion oppressed them. Women said that culturally they were less than men. No culture was known to elevate women to an equal basis with men. Some had an idea that things should change but at the same time said that they "would not like their sons to be like women doing housework and cooking". One woman said that her husband did not want to discuss the changes for women. He said that they were married before 1994 and they should keep to those laws not some new thing that did not suit him. She said that she agreed to keep the peace.

"Manne hou nog baie die dium op die vroue" (men still hold women under their thumbs) was a common view from women. Some women said, "A man is the king of the palace" Women are not supposed to question that. One woman said that in spite of changes, the bottom line is that men are still considered "Daai Ou" (The man). Women said that men thought them inferior in many respects. Women indicated they felt this way too. Many women spoke of men as being the head of the household and they having to listen to them.

Women felt at times that they wanted power over their own lives but most said it too difficult to wrestle for it. Others said that it was too dangerous to change the status quo. In middle class families women said that they need protection.

In some ways women are more assertive but only in some areas. Where the ANC is strong, women have greater knowledge of their rights and can sometimes refer to them.

They said that they were vulnerable to all sorts of abuses if they were not attached to men. Businesspersons took chances with them if they needed assistance or service. If they call a technician he charges them more than when their husbands ask.

Women said that men never over estimate a woman’s intelligence. They cannot see beyond the blonde hair that is why many of them dye their hair. Women acknowledge that they have bought into the way men view them.

Men's views
CEDAW Articles 3,5

Men say that women cannot think on the days when they menstruate. Women are fickle and need a man to keep them in control. Women cannot deal with difficult matters such as finance. They need a man to manage this for the.

Men said that they valued the traditional roles of women of wife, housekeeper and mother very highly. They did not feel that t was necessary for women to move beyond these roles. They said that women should be proud of their roles, as they were very important. Men sighted the Bible saying that Adam was created before Eve and therefore was always the head of women. One man said: ‘ these stupid Beijing ideas make women mad".

Women were objectified in terms of their sexuality. Some male respondents said that "sex is the only thing that woman are good for". Some men said that women must put the sexual needs of their men above everything else. In rural communities men said that women can make decisions in their own groupings but they would have to refer to them for any decisions concerning home, family and community.

Many respondents said that if they worked outside the home, they had to return to do the household and family chores even if their men were home all day. They could not expect the man to help. White women said that men take more responsibility in the home but only when it suits them. They said that they take care of the children when it enhances their image. They take their babies out and use them as "chick bate". This refers to women who stop to admire the babies giving the men the opportunity to chat to them.

Portrayal of Women in the media
CEDAW Articles 3,5; BPA 10

The stereotypes are maintained and promoted by the media. No gender sensitisation has taken place in any of the media forms and in fact, there is an increase in the stereotyping of women and girls. Women are always portrayed as sex objects and in traditional roles. Many women interviewed found these images offensive.

The media reporting of incidents regarding women vary. The rape of Charlene Smith received huge attention and continues to do so while the rape of all Black women is considered not newsworthy. When famous Gladiator personality Sahara died, her death was reported in a positive light whereas there were questions about the possible use of steroids. There has been silence about the cause of her death. In contrast, when Chris Hani's daughter died, the immediate speculation was that her death was drug induced. Subsequently it was proved that she died of an asthma attack.

The killing of Black women is also considered common place incidents and will only warrant a two or three line mention in many newspapers.

Stereotyping in advertising
CEDAW Articles 3,5; BPA 10

Advertising portrays women of different race groups differently. Black women are usually depicted in derogatory and undermining roles. These Black women are stereotyped based on their body shapes, the way they speak the clothes wear and their culture. Most Black women appear in adverts as mothers or grandmothers cooking or cleaning. Very few positive images of Black women appear in the media. This serves to perpetuate the low status of Black women in society. They are not portrayed as successful or capable outside of the traditional roles.

Cultural, religious and traditional practises which discriminate against women
CEDAW Article 2,3,5; BPA 10

CEDAW requires government to modify the social and cultural practises of conduct of men and women that lead to prejudice and are based on the belief in the superiority of males.
In this regard, we asked women about the cultural roles and practises which men and women have.
Women have cultural roles in many different social settings. These include the home, religious institutions, the work place and community.

Women spoke of the fact that some cultural and religious groups expected women to dress as s symbol of their status within the home. Young married women wore clothes that showed that they were newly married. This sometimes meant wearing heavy scarves, long dresses (saris and caftans included), blankets, cloaks or such like. Many women had to keep their faces covered when in the presence of one or the other in-law. Some women said that they had to crawl on the floor when approaching their parents in law. Indian women in conservative families may not look at the mother-in-law at all.

Muslim practises
CEDAW Articles 2,3,5

Religious practises. Muslim women said that they are not allowed to speak in the mosque as a women’s voice "attracts a man attention". Moslem women said that they had to wear long cloaks so that men could not see their figures. They pointed out that men looked anyway. Women told how they have to sit behind a curtain if they are listening to a talk together and this curtain took the speaker from their view if he was a man. However, when the talk is over, they congregate jointly in the car parks and talk normally. They see this as a serious contradiction. Women said that they mostly had the freedom to go to the mosque for services that are held separate from men. Some women chose not to attend the mosque because they were "conservative" but men prohibit others. Women do not always have a choice. Many Muslim women said that it was their religion and they respected it. They pointed out that all Muslim women have freedom already and denied a contradiction of any sort.

An Imam said that Muslim women have total freedom in Islam. He said that women were supposed to be taken care of by their men. A Muslim woman is not supposed to cook or clean. Her only role is "to look beautiful for her husband and to be there for his needs". This, in his opinion was total freedom.

Hindu Temples
CEDAW Articles 2,3,5

In Hindu temples women meet with men but women cannot attend the temple when they menstruate. Women are considered unclean. Women have leadership roles.

A Hindu priest said that women are equal but he spoke of the ways in which women are oppressed. Many practises are said to emanate from the religion but people embellish these to suit their needs. Women have to honour in-laws and are abused by them.

Christian Churches
CEDAW Articles 2,3,5

Christian churches have many varying practises. In some churches women have a set dress code. Men are not subjected to the same treatment; they can wear what they like but must have ties. Some churches allow women to be minister or pastors, other do not allow women to hold any leadership position. Some churches do not allow women to talk in the church. One respondent said, "If there is a woman in the church preaching, the men say this is not a church. It is a woman again. They are forward." "Unmarried women are not allowed to stand and talk in the church. They are seen as not secure. She will be easily tempted without a husband".

Churches have horrific (tigmaatreels) disciplinary measures. These include not allowing disabled women into church because "only sinners are disabled". Both mainline and Pentecostal churches take disciplinary action against women or girls who fall pregnant outside of marriage. Some made the women/girls stand up in church to make a public confession. The elders of the church then scold them. Some are chased out of the church and the doors closed behind them. Sometimes young women are pregnant as a result of abuse by the very elders shutting them out of the church. The women have to ask to be allowed back into church after a period of time ranging from four months to over a year. They have to appear in public again to make further confessions and be scolded and then they are allowed back. No sanction against the man/boy is practised.

In other churches the women are forbidden to take communion. In some cases unmarried women and girls or divorced women are forced to sit at the back of the church and not make contact with the congregants. If women marry someone of a different denomination to theirs, they are considered not married and have to sit at the back of the church.

Women are not allowed to take communion when they are menstruating. Girl servers were told that they could not serve when menstruating. Women are regarded as unclean during menstruation.
Church leaders (pastors, bishops and others) are raping many young girls. This is hidden because of the position of these men in the church. Many women and girls were eager to talk of their experience of rape and abuse by church elders but said that they could not and would not do anything about it as it was too dangerous for them to do so.

Virginity testing
CEDAW Articles 2,3,5,15 (D); BPA 4,9,12

Virginity testing is widely practised in two provinces. Some women thought this very good practise saying that it ensured that young girls did not become sexually active too early and it protected them from HIV/AIDS. They suggested that it prevented teenage pregnancies. They said it made them, as women feel good about their daughters.

Girls claim that they can be sewn up after having a baby and they then qualify to undergo virginity testing once again. One young woman said that she wants to be sewn up again, as it will restore her standing in the community.

Some chiefs insisted that girls in their areas of jurisdiction underwent virginity testing while in some instances the women themselves insisted on it irrespective of whether it was required by tribal authority or not

Other views were that virginity testing it is most unhygienic. "The women who do it touch one girl and move to the next without changing their gloves. This way they spread disease, even aids".

Some women thought it a violation of the rights of the girls and said that it sent out the wrong message to the girls who would later think that anyone could fiddle with their bodies. "Virginity testing disturbs us mentally and sexually" was the view of one woman. She said that whenever she has sex she hears her grandmother telling her it is wrong. This has caused her marriage to be strained. Women also said that since there is no similar practise for boys, virginity testing must be done away with.

There are known cases of women claiming that the girls are not virgins because they want to embarrass the parents. At marriage ceremonies, the little girls must be tested first, the bridesmaids next and finally the bride. If anyone is found not to be a virgin, they are publicly sent away.
One woman said that men rape girls who go for the testing. " Another problem is that those who are tested laugh at those who do not go for the tests". One girl hung herself from the shame she was made to feel because she did not go for to be tested. Some girls have suffered rape. They do not get given certificates so they experience double discrimination.

Traditional practises related to Puberty
CEDAW Articles 2,3,5,16(D); BPA 12

Young women reported that they had to have digits cut off their fingers when they reached puberty. This was a family practise. The woman said that it made her feel really awful as she was asked to explain this to people throughout her life.

Some women said that they separate young girls when they start to menstruate and teach them how to cook clean and treat their men (intonjana). They are taught that the only important thing for a woman to know is how to please her husband. Many said that they realised that this led to young women keeping quiet about violence and abuse but they did it anyway.

In some communities it was reported that when girls start menstruating they are not allowed to eat sour milk nor are they allowed to enter the kraal as it is believed that the cows and plants will all die. Some girls are made to wear cow hair around their necks when they reach puberty.

In Hindu and Muslim communities young girls are told that they are unclean when they menstruate and they cannot touch food or conduct religious rituals. They are not allowed to attend religious institutions/meetings. At these times, they felt particularly vulnerable and discriminated against as "everyone in the family or community would know that we are menstruating." They said that these practises make them feel "ugly and dirty".

Some families held elaborate celebrations when girls begin menstruation to herald their fertility and their availability for marriage.

In some communities, girls have their faces scarred to show that they are women. This is a huge embarrassment to them as adult women. It also made them feel that they were "owned by the family". Since boys and men did not under go these rituals, women said, "they felt they had a lower status in their families and community".

In some communities stretching of the labia is practised. Women said that this is a favourite practise amongst some communities as it gave men great pleasure. Older women took the girls at puberty and pulled their labia until it lengthened. The girls hate the practise but are told that it is good for the man’s pleasure.

The women said that these "windscreen wipers" hold the penis in a way which is good for the man." Men will never leave a woman who has these "windscreen wipers". Women spoke about how awful these lengthened labia are when they give birth. It prevents easy movement and often they have to be excised. Women believe that men from their communities will never marry other women as they want the pleasure which long labia provides.

Marriage rituals
CEDAW Articles 2,3,5,16

Marriage rituals vary from community to community. Women said that men behave as if they are our fathers. Bride price is practised in many communities with variations. Hindu communities still practise-arranged marriages. In some cases women can choose their partners.
In other cases the parents of the boy choose a girl from a family they like and they approach the girls parents and ask for her hand in marriage. Girls can also approach a boy’s family for marriage. Couples exchange gifts but no bride price is practised amongst South African Indian communities.

In Muslim communities bride price (lobola) is practised. The groom has to give the new wife money (niscarvie) or the equivalent thereof. In Muslin marriages women do not attend the marriage ceremony. The father or a male relative goes to get them married.
There were mixed responses to the issue of lobola in rural communities. Women said that men must pay the lobola has it was a sign of their being valued and respected by the husband and it showed his commitment to the marriage. Women said that the husband would not do anything to you if he has paid lobola. He said: If you have a quarrel and you go home, the husband will know that he has to be punished. He will have to buy a cow as his apology". Women also said that they could go to the elders of their husbands’ family if there have marriage difficulties. This can only happen if the husband has paid lobola.
Other women said that it was a bad practise as it made men to think that they owned the woman and could treat her any way they liked. Parents –in law were said to abuse the wife of their sons because of lobola.
Women said that lobola increased their vulnerability to violence and they were prevented to return to the family home when trouble arose. Lobola also took away the woman’s voice in the husbands’ home. " I am just told what to do and I have to do it. I have to listen to his parents and his brothers and sisters.

Polygamy (isithembu)is widely practised and women said that they hated the practise even though they are made to accept it. They said that the new laws have not helped them at all. The new law makes them vulnerable to abuse and HIV infection because it encourages men to have many women. No man can support many women on one salary.

Muslim women said that their husbands practised this widely and it was painful and difficult to them. Although their religion says that wives must be treated equally, this was never the case. Women felt that the government failed to protect them.





Birth rituals
CEDAW Articles 2,3,5,16; BPA 12

When women give birth they have to sit out of view of others. They cannot use a knife and they are not allowed to cook for 7 days after the birth. When women have given birth they are regarded as being "dirty". In many cases women reported that the first digit or finger is cut off girl babies (ingqithi). The father does this. Women said it was a very cruel practise.

Burial and funeral practises
CEDAW Articles 2,3,13(A), 14(2), 15(1), 15(2), 15(4), 16

This was the most painful rite of passage that women spoke of. Mostly women in traditional communities spoke of their exclusion at times of death. Many women are blamed for the death of partners, husbands and children. They are called witches and often chased form their homes. A woman dare not make any requests for information following a death. If she does, she will be considered the cause of death. Women are made to sit in a corner of the home on the floor and mourn loudly. All arrangements are made behind their backs without their participation.

Rural women said that they are not allowed to look at the faces of their dead children so they are denied closure and this "makes our hearts very sore for a long time".

Women said that they had to wear black from top to toe and many were prohibited from working when their husbands died. Women said that they feel that they should stop dressing in Black mourning clothes and should be allowed to dress in any clothes they like. This dress code is seen as an advertisement to other men as they will see that this woman has lost her husband so they can try to get themselves into their lives in order to get their money.

The most painful experience was the fact that everything was taken away from them when the husband died and many women were left destitute with children to care for. In some cases widows were "given" to the brothers of their husbands who could do with them as they please. They were subjected to rape and their children neglected.

Hindu and Muslim women said that they were not allowed to leave their homes after their husbands died. It was some time before they could participate in public life again.


Prostitution and sex work
CEDAW Article 6 GR 12,14,19; BPA 4,12

Many girls are forced into prostitution due to poverty. Truck drivers, factory workers, teachers and other employed men entice young girls causing them to enter into prostitution.
Women said that they see their girls going out with these men but cannot stop them. They said that girls wanted to dress fashionably and "like Americans" so they needed money which "Sugar Daddy’s" (older men paying for sex) gave them. Girls are leaving rural communities and moving to bigger cities such as Johannesburg where they become prostitutes. In some cases women are working within factories work as prostitutes to supplement their incomes. At schools, teachers are forcing girls into prostitution through bribery and coercion. Many girls report that teachers "pester them" until they "give in". The teachers pay them and sometimes pay their school fees. Many girls reported that they hate the teachers but do it anyway. Often a teacher will have a few girls that he uses and abuses sexually.

When prostitutes fall pregnant, they are often chased from their homes and find themselves destitute. If the children are born and found to be white, they suffer great isolation and abandonment. Many girls are raped, beaten and killed in the course of doing this work. When they want to leave, they are more often than not killed.

Political participation and public life
CEDAW Articles 7,8,15; BPA 7

Women said that being able to vote was one of the most profound experiences in their lives. They said that for the first time they felt as if they really counted. Women said that they were pleased that there were more women in parliament and that they knew some of the women. Some said that they had heard women politicians speak and some mentioned being helped by women politicians. This made some of the women interviewed very proud.

There was a flip side to this. Many women could not name anybody on their councils nor did they know any officials who were active in their communities. They expressed fear at getting involved with governance in their communities saying that other women and men would not like it.

At local government level women complained that men think them incapable of making inputs. They are excluded or harassed when they try to effect change.
Within political structures and the Trade Union movement, women say that they are excluded. Men sneer when women raise issues and say: ‘" Oh no, not the gender issue AGAIN".

Women in urban communities had better knowledge where they had links with NGO's or links to the ANC Women’s League. Many of these women were frustrated and angry at the lack of contact with women politicians and the apparent invisibility of communities in political processes. Many women said that government did not care for the people and were out of touch with the lives of women. One woman said that "government seems to be like heaven; too good to be close to the people and politicians think that they are Angels".

Women are not able to input into policy-making due to illiteracy and their low status within society. They complained about not having access to local government for a number of reasons. These were the educational divides, the cultural and religious exclusionary issues, and the stereotypical images of women and male dominance of these structures.
CEDAW Article 10

One woman mayor said that it is women who know exactly what is needed in homes, their localities and communities. "Although we are deprived of the opportunity of leadership, we are quick thinkers and we can do things". "Now that I am mayor, I find that I have a far harder time to succeed than my male counterparts because I encounter a lot of resistance from men on my council. They side with one another. I feel isolated.
I also have very little mobility due to a lack of funding and support. Balancing my work obligations as mayor, my political responsibilities and my family life is very difficult."

Some women said that "government is trying their best but people on the ground are corrupt and programmes are not reaching the people". Women spoke of how government officials at the level of local government actively worked to keep them out. This was especially true across racial divides where local government officials discriminated against Black women.




Nationality
CEDAW Article 9

One woman raised the issue of nationality. She said that she was South African, and married to a man form Malawi. She said that her children were not able to get birth certificates. She said that her children are South African and should be able to get the birth certificates.

Education

CEDAW Article 10; BPA 2,12

Many women wept when asked to talk about their schooling. They spoke of how painful it was not to have had the opportunity to attend school or to finish, They said that today they cannot get work and they have to suffer abuse from husbands and boyfriends. They were forced to endure this abuse because they had no alternatives due to their lack of education. Many said that this lost opportunity affected them, their children and all the futures of the people who depended upon them.

Women spoke of the discrimination against girls and women in education. Many women and young girls from the rural areas told of how they were forbidden to attend schools by their families as their main role was to take care of the house, to wash and look after their husbands needs. They were told that an education was "wasted" on them. Thus many of the women spoken to, especially in the rural areas, described themselves as being illiterate. This also contributed to an understanding of themselves as being "stupid". It prevents them seeking and finding employment. It ensures that they remain stuck in the home and in abusive relationships.

Many women spoke of the difficulties in sending their children to school because of the cost of school fees and uniforms. Some of the women spoke of having received summonses from the schools trying to force them to pay overdue fees. However in many cases parents were unable to pay these fees and this resulted in the child facing difficulties from the teachers at their school. Women also believed that the cost of school uniforms was prohibitive and did not believe that children should be prevented from attending school if they were not wearing the correct items of clothing.




Sexual abuse and rape in schools
CEDAW Articles 1,3,5,10(C), 10(F), 10 (H), GR 12,14,19; BPA 2,4,2

Women spoke of the awful experience of being raped at schools and other tertiary institutions, One woman said that she was raped and could not tell anyone out of fear. She left school. Some months later her mother noticed something and realised that she was pregnant. Her father beat her terribly. He forced her to give the baby up for adoption. She has suffered as a result of that rape.

The rape and abuse at schools is huge. Girls say that they cannot talk about this, as there is no one to trust. Many teachers and parents report that teenage pregnancies are very high. It is said that girls get pregnant because " Mandela gives them money for their babies". The girls say that they cannot raise their children on R110-00 per month. In addition, girls invariably leave school during a pregnancy and most never return. The boys usually continue their education and have better prospects for development than what girls have.

Women and girls say that schools protect teachers and learners who rape girls. They refuse to believe the girls and will not take appropriate action. Girls live in fear in most schools. On the other hand, teachers and boys say that girls threaten to accuse / report them for rape in order to secure better grades and favours at school thus girls should not be believed when laying charges of rape.

Girls are still encouraged to take traditional courses at school and made to fit into stereotypical ideas of how they should be educated. Many girls report how they are "not clever enough" to do maths or science and that they only want to be teachers, nurses or secretaries and therefore do not need to do the "difficult" subjects. When parents insist that girls do maths or science they receive no help from teachers. Teachers actually tell parents " don’t think that we will help your child. You have to take responsibility".

Tertiary institutions

Women from tertiary institutions reported that they were subjected to many forms of violence against women and girls. Rape was rife. Young men felt entitled to sex even without their consent. Many young men said that if women said "no", they view it as a form of "foreplay". They did not believe that the woman really was saying no. Some young men said, "women could not say no as no woman can tell a man what to do".

Many women reported that lecturers "demanded" sex in return for good marks. If a woman were very bright and good at her work, she would be threatened with bad marks if she did not comply. This practise was rife. One young woman reported that she had been raped. The university that she attends sent her to the doctor but refused to acknowledge the doctors report that she had been raped.

They were afraid that if there were public knowledge of the rape, their enrolment levels would be affected. Another university refused to have a Rape Crisis clinic on their campus saying that it must be called another name or parents will not send their children there.

Further inputs were that it was good that Corporal punishment had been stopped because children were no longer physically abused by their teachers, but it does still happen in some schools. It is a basic right of children for them not to be abused. The negative effect is that children behave badly. They are out of control and have no respect. This makes the learning environment a tense and difficult one.

People struggle to find money to send children to school Girls suffer most as parents would rather send a boy to school than a girl. One young girl told of how she had to get a loan of money from one of the people in her village for her schoolbooks and fees. When she could not pay the money back, the man took her books and burnt them, so she was unable to finish the year.

The lack of preschools was singled out for special mention. Many women had to take jobs in town to support their children. But preschool facilities are lacking particularly inn the rural areas. Thus many young girls are kept home from school in order to look after the younger children.

Women said that there was no Life skills / Career Guidance being taught in many black schools, especially in the rural areas. They said that this meant that young girls and boys were being denied the opportunity to learn necessary life skills. They thought that teaching some subjects that include sexuality education would benefit all learners. The lack of this teaching was a symptom of an overall lack of development in the rural areas.

Many rural women spoke of the lack of accessible schools. Many children are walking 15 and more kilometres to school or have to take expensive taxis to get there. It is very unsafe for the children to walk these distances, especially the young girls, who have reported being abused and raped while on the way to school.

A male respondent said that the government had turned its back on the humanities. Universities no longer created thinkers because there were no great social policies to change society. Universities have become factories churning out technocrats.

Employment

Social Service sector
CEDAW Articles 11,13,14,16; BPA 1

There were indications that in some sectors women were advancing. Teachers and nurses said that they were able to command senior positions formerly denied them. Women enjoyed better benefits but most said that men continued to hold advantages over them. Women spoke of the fact that companies are employing more women now in senior positions but mostly it is just to satisfy government. It is a cover up thy claimed. Women expressed their extreme anxiety when promoted some even claiming that they feared for their lives when they were promoted.

Corporate sector

In the corporate sector women said that companies were forced to employ women but this was merely to fill their quotas. Mostly, men did not view women seriously and even when men and women held the same position, men were viewed more senior. Men in the corporate sector expressed the view that while women were now holding positions in fields that they were excluded from, they thought that women should be kept from moving into very senior positions because" for six days of the month (referring to menstrual periods) they were not able to think clearly. Black women noted that while more women were being employed in higher positions, it was White women. Black women remained at the lower rungs of the employment ladders. In addition, companies preferred employing young women as they "look good".
Looks played an important role in employment practise. Women also complained about being discriminated against on the basis of age. Women over 40 years were not considered for jobs even though they had the skills and experience. Younger women were almost always chosen for jobs irrespective of whether they had skills or experience.

Men are often abusive towards women who are more senior to them, some even resigning rather than report to a woman. Men pass disparaging remarks about women making them feel inferior or intimidated. Men will not consider the "family" obligations of women saying '"you women want equality, so don't complain now". This is reflected in the scheduling of meetings and the expectation that women must work late or do shift work irrespective of them having to care for little children or even sick children. Women said that men do not have the same responsibilities because if their children are ill, the mother of the child is expected to take time off to attend to the sick child. Women said that this influenced promotions and women were considered after men because of these issues.

Women get given softer jobs often having to hear "this is a man's job". Women in the corporate sector spoke about the perceptions that men have which is that women are not capable of thinking clearly on the days when they menstruate. This made women feel angry but they said that they were powerless to do anything about it. If they speak out against it they are called "bitchy, or man haters or "difficult women".

Women said that if a woman and man are on the same level, the man will be considered more senior than the woman. Women are sometimes promoted into position with the promise of training but this does not materialise. They have to learn by their own means and often under judgement and criticism. Women are placed into senior positions then ridiculed and undermined by both men and women.

When women are employed, their qualifications are always questioned, when men are employed, no one questions their capability.

Domestic workers
CEDAW Articles 4,11,13,14,16; BPA 6,12

Women spoke of the abuse of Domestic workers in one breath and then said that they could not afford the government minimum wage in the next. They seemed oblivious to the contradiction. Domestic workers suffer multiple forms of abuse. They have little security in terms of their employment. People hire and fire them at will. Women are forced to accept any wage when they are desperate for work and sometimes they do not even know whether thy will ever be paid. Some work an entire month only to be told by an employer that they transgressed something or the other which leads to forfeiture of their months wages. In some cases the employers move without telling the domestic worker. Domestic workers are no allowed time off when ill. One woman told how her two day a week domestic worker broke her arm. When she reported for work the woman told her to take time off with full pay until her arm healed. The domestic worker returned a month later with her arm still in plaster. She said that her arm had not healed because the second woman whom she worked for on two other days each week refused to give her sick leave. She said that she would be fired if she took time off. She was forced to work with her arm broken.

Domestic workers report sexual harassment and abuse by their employers. They say that they are often coerced into having sex against the will and threatened with dismissal if they refuse.

Many domestics told stories of how their children are sexually exploited by male employers.
One young woman told how she was raped by her mother’s boss and when she told her mother, she was made to "shut up or I will lose my job". This young woman suffered rape for all the years that this family employed her mother.

Farm workers
CEDAW Articles 4,11,13,14; BPA 6

Women farm workers spoke about the abuse by farmers. Women and men are made to work long hours with little or no pay. Some said that they are awoken as early as 3am to begin the day’s work. Some farmers pay their workers with goods. Examples are of workers receiving 5 kg of mielie meel for a week’s work. Women are often linked to the men they are with and they are forced to work without pay. Their children too are expected to work for no pay if they wish to remain with their parents.

Women reported that there were denied treatment when ill unless the farmer considered them critical. The farmer would then call a doctor who came to the farm entrance. The person would be carried in a wheelbarrow and examined in public by the doctor who refuses to enter the farm. Evictions occur on a regular basis despite current legislation. However many of the women farm worker interviewed said that they are too fearful of the farmers to insist on their rights. Women often have to leave when their partners err or are forced to leave. They are not treated autonomously. Eviction often means losing your only shelter and income. Women said that they were not allowed access to family planning because farmers would not allow them visits to clinics. If mobile clinics came to the farms, they were prohibited from making use of them.

A group of women working for the same farmer spoke of their grievances against him. He supplied a vehicle to transport them to and from work however; this vehicle was not in a roadworthy condition and the workers feared for their safety. He continually promised to repair the vehicle but never honoured these promises. The workers took a stand against this and in response the farmer fired them. The farmer refused to hand over UIF cards when asked for them despite the fact that their contributions are regularly deducted from their wages. The women claimed that the farmer set his dogs on them. The treatment of injuries sustained in these attacks by the dogs and transport to medical help was their workers concern. He also continually insulted them referring to them as "jy, Bobbejaan" en "Hottnots". They did not receive cash for overtime work but were paid according to the "dop" system.

Women said that they are forced to work with pesticides without protective wear and they believed that this led to all sort of ailments. Women also noted that they were responsible for home and family on top of the long hours that they were forced to work.

Across all provinces respondents said that unemployment led to increased crime, alcoholism, drug abuse, pregnancies and social disintegration. Rural area women spoke of the retrenchment of mineworkers and the effect it has on rural families. They said it led to great tress for women who had to accommodate men who had left for years with no communication and suddenly they returned and were burdens on the women and the meagre existence that they carved out for their families. They also saw themselves becoming vulnerable to HI/AIDS infection.

Projects are introduced by the Dept. of Welfare for development. Women said that these promise jobs in the long term but offer no immediate relief from the poverty that pervades their lives. A woman said, "due to poverty and unemployment it is difficult to wait for something we do not see"

Some rural women said that "After our vote from 1994 we were promised jobs but as today there’s no change".

Women’s Health
CEDAW Articles 11,12; GR 15,16; BPA 3,7

Women sited some positive aspects concerning health. They said that there was free health care for pregnant women and children. Despite this, there was an overwhelming feeling that access to health was poorer now than ever before. Rural women in particular felt that they had less access to health care due to a shortage of clinics and hospitals and where they were able to get to these, there were no medicines or no doctors. Contraception was not always available particularly in rural communities. Often women were not able to return for the next course of contraception. These difficulties were linked to transport shortages, lack of money and sometimes the refusal of men to allow women access.

In some instances clinics and hospitals ran out of medication and women were told to buy medication. This was not possible where they did not have money. Women said that doctors decided that they would see only a certain number of patients and other people were turned away irrespective of how long they had waited or how sick they were. Another complaint in rural areas was that doctors looked at patients from a distance and made a diagnosis. Some rural communities mentioned that they had no district surgeon for months at a time. People also mentioned that the Cuban doctors and South African doctors had difficulties working together. This often affected their treatment of patients.

One woman told how she took a child to the clinic complaining of pain in the stomach. She was told to take her home and give her hot water. She returned the next day because the child was in great pain and sent home with the same advice. Eventually, an ambulance was called and the para-medic said the same thing. The child almost died from a septic appendix.

Women spoke of the state of clinics and hospitals. They said that often the facilities were dirty and no clean linens were available. Patients often acquired bedsores from lying in soiled linen. Patients who were unable to help themselves were left un-bathed.

Some nurses spoke of the low morale amongst themselves. They said that they were overburdened and they had little decision-making capability. Often decisions were passed onto them which did not take into account their needs and difficulties. This led to them feeling despondent and depressed. One nurse admitted that they "We do not care about ourselves much less the patients who come here for help. We are not seen as important in the system so why should we care?"

The greatest criticism that people had of the health care system was the terrible treatment that they received from medial and health personnel. Women said that they often afraid to seek help, as the health care workers were rude and disrespectful. Women and girls told stories of how their private affairs would be "broadcast" publicly and how their diagnosis would be discussed in front of other patients. Young girls told stories of how nurses would say to them while they are in labour "don’t come and make a noise now. You enjoyed it when you were making this baby". They found this terribly humiliating.

Some women said that traditional healers have a positive role to play. They can provide alternative treatment that often helps. The difficulty is that people are passing themselves off as traditional healers and they harm the people they treat.

Women reported many difficulties related to HIV infection and violence against women

Women and HIV/AIDS
CEDAW Articles 5,11,12; GR 15,16; BPA 3

Extent of the pandemic

Peoples understanding of the extent of the pandemic differed quite considerably. People in urban communities throughout the five provinces tended to believe that HIV/AIDS was a problem in their communities thus they said that the numbers of people with HIV/AIDS was "too high". This is especially true of young women. In Kwa Zulu Natal we heard stories that "entire families are dying" because of the disease. In spite of the fairly high level of knowledge in urban communities, there were some that had little or no knowledge at all.

The silence around HIV/AIDS leads people to believe that there is no prevalence of HIV/AIDS in their communities. However, interviews with health care workers NGO's and CBO's in these communities told a different story. NGO's and CBO's providing support services in communities report that as much as 80% of the women and girls who seek help are reporting that they are HIV positive. In Gauteng, we were told that "people did not want to accept that HIV/AIDS is a problem". The most rural communities know very little about HIV/AIDS and where there was some knowledge, the community did not regard it as being a major problem. In the Eastern Cape and Northern Cape many communities had not heard of the disease at all.

Across the five provinces there was evidence of relatively little knowledge of sexually transmitted diseases in rural communities. Women suffer for years with medical conditions that are easily treated. In one community a woman was found chewing a leaf for years. When confronted she disclosed that she had a vaginal itch. One visit to a doctor and a course of three doses of a vaginal cream cleared the thrush that she had carried for years. Much of the information which people have at the grassroots of the disease is incorrect.

Some of the respondents made the following claims:

HIV/AIDS can be got by talking to a person who is infected.
Bad people are injecting the AIDS germs into oranges. You get AIDS if you eat these oranges.
Bad people throw the AIDS germs into your house through the window while you are sleeping and that is how you get infected.
If you have one partner you do not get AIDS and do not need to use a condom.
AIDS comes from overseas/ Johannesburg / other countries in Africa.
Foreigners bring AIDS to this country - especially Nigerians.
You get if from gorillas and chimpanzees.
Whites inject people with AIDS.
Truckers give it to you.
Beautiful people do not get AIDS.
Traditional leaders cure AIDS.
HIV/AIDS occurs only in rural areas (urban perceptions).
HIV/AIDS only occurs in big cities - Johannesburg, Cape Town (rural perceptions).
Only poor people get AIDS.
Only people who misbehave get AIDS.
AIDS is only spread through sex.
Kissing gives you HIV/AIDS
AIDS is spread through Satanism
Girls are being infected with HIV/AIDS because they are eating lots of eggs and this causes them to mature sexually too early.
Only African people get HIV/AIDS.
People do not understand the difference between being HIV positive and AIDS.

Attitudes towards women with HIV/AIDS
CEDAW Articles 5,11,12; GR 15,16; BPA 3

There is great prejudice, fear and ignorance about the disease. Families are not generally supportive. In some cases where disclosure is made the sufferers are deprived of love and warmth. In many cases women are evicted from their homes, family or community. Women face beatings and death if they disclose. They face the risk of being turned out of their homes, of becoming outcasts, of complete abandonment. It was reported that " In the death of a person who dies of any opportunistic disease related to HIV/AIDS, there is the tendency of denial by members of the family who claim that their children are being bewitched. This happened at three funerals that occurred in one community in the Eastern Cape. Due to the stigma that there is, people tend not to come forward to disclose. Communities isolate people known to be infected.

Some of the respondents said:

"There should be special institutions for AIDS sufferers". The purpose of this was to isolate people living with AIDS from their communities.

"I feel that the best would be for people to live with their illness and keep it to themselves".

"People living with HIV/AIDS must isolate themselves because of reactions of communities to them and their being unwelcome to participate in community activities".


Another perception was that HIV/AIDS is "God’s judgement. People who have HIV/AIDS deserve it because they have done something wrong".

Women with HIV/AIDS are discriminated against in churches. Some Churches were identified as being "completely silent" about the pandemic. A number of church leaders refuse to speak about AIDS as "it is against God’s law". This leads to further silence and stigmatisation. Women who disclosed to church leaders that they are HIV positive were not allowed to attend the church anymore and their status was disclosed to other people in the church. Church leaders also tell their congregation that HIV is sinful and a sign of God's wrath. Women who identified themselves as belonging to the Roman Catholic Church questioned their Church's stance on condom usage. These women believe that this places them at greater risk of contracting the disease.

In some provinces it was disclosed that young girls are denied access to schools when it is discovered that they have contracted the disease.


Challenges and difficulties women face in relation to HIV/AIDS
CEDAW Articles 2,3,5,16; GR 12,14,19; BPA 3,4,12

Women find it difficult to negotiate safer sex practices. Behaviour change around condom usage is a complex issue. Culturally, African women do not initiate sexual encounters nor are they able in the rural situations particularly, to request condom usage. Despite knowledge of a husband’s extra-marital affairs the wife still cannot exercise sexual rights without consequences. A respondent said, "A woman cannot be protected if she cannot say no."

Polygamy is sanctioned by the Customary Marriages Act. Women see the fact that the law condones men having many wives as discriminatory and they said that it puts them at greater risk of contracting the disease.

The practise of passing a woman onto her husband's brothers when he dies is abhorrent to women and again they expressed fears of it putting them at higher risk.

Some women said that virginity testing was a good practise as it ensured that girls do not become sexually active at an early stage. Other women thought it was bad for girls on a number of levels as it was spreading HIV/AIDS because "the old women who do the testing do not practise hygiene". They also thought that it was an invasion of the bodies of young girls and therefore a violation of their rights. Many said that Chiefs now insist on it in their areas.

Forced marriages are still widely practised in many provinces. Women report repeated rapes followed by infidelity that puts then are risk.

Traditional leaders sometimes claim to know how to treat HIV/AIDS. Many people believe this and seek their help. In Kwazulu, a traditional healer told a man to rape 10 girl children as
This would cure him of AIDS. The man did this but was arrested. Women told stories of how families take their infected family member to the Inyanga or Sangoma for a second diagnosis. This leads to treatment that is inappropriate and sometimes dangerous. One woman reported how an Inyanga claimed that he could treat a young woman. He went to the family home inflicted cuts to the face of the infected women and, using the same blade, inflicted the similar cuts on the faces of other family members. The entire family is now infected with HIV and many are dying from aids.

Many women highlighted violence against women as a risk factor for transmission of the virus. This violence occurs both inside and outside the home.

This includes internationalisation of gender discrimination by women themselves who justify oppression - "He is a man only when he hits me". Lack of safety and security in public places was also recognised as increasing the risk of women and girls being raped. Women interviewed identified patriarchal power as increasing the risk of sexual abuse in the home.

We were also told how older men use money to hire girls into sexual relationships. In one case where the parents of a young girl wanted to take the man to court, their daughter refused, saying that they now have money in the bank for their funerals.

Young girls also face the terror of being raped. In three of the five provinces we were told how men with AIDS were informed and believed that they will be cured if they have sex with 6 or 7 year old young girls, who are virgins.

Disabled Women
CEDAW Articles 11,12; GR 15,16,19; BPA 3,4

Disabled women told of how they faced high levels of rape and sexual assault. One woman told of how every man in her family and their friends raped her, as she was unable to move while lying on her bed at home. No one in her family protected her from this. She lived with the fear of contracting AIDS.

Women are sometimes killed when traditional healers tell men that they got HIV/AIDS because they were bewitched. They hunt for the person who supposedly cast a spell of them and invariably it is a woman. Only one case of a man being accused of witchcraft was known.

Many women also expressed their dissatisfaction with the welfare system. They said that orphans could not be raised on the government's R110.00 per month, which stops when the child turns 7 years old. Widows are burdened if the husband dies. She needs to employ someone to look after the children while she works.

Many young girls now have to take responsibility for caring for the younger siblings as their parents have died because of AIDS. These young girls are often HIV positive or have contracted full-blown AIDS themselves.

Participants spoke of difficulties with insurance companies refusing to pay out when a person in the family died of an AIDS-related illness.

The greatest fear of women who are infected with HIV or living with AIDS is the care of their children on their deaths.

Health care provision for women with HIV/AIDS

Many women said that no pre-and post-test counselling takes place at clinics or hospitals when AIDS tests are done. They were also not informed that they were being tested for HIV/AIDS. In some cases nursing staff forced patients to have HIV/AIDS tests as they said that they were not willing to risk their lives nursing someone whom might be infected.

Many communities do not have any access to health care facilities. Where clinics were present these were often poorly staffed and equipped. Medication was not readily available at these clinics. They were also not supplied with essentials such as gloves, ointments and sanitary pads. Female condoms are not provided.

Women complained of the attitude of clinic staff to women living with HIV/AIDS. Confidentiality was not practised and women were not treated in a dignified manner. Clinic staffs were judgmental and insensitive in their dealing with women who attended the clinics.
Many clinics refuse to treat people after 12h00 even though sisters stay in clinic all afternoon.
Most say that the clinics treat only 50 a day and then stop irrespective of the number of people waiting to be seen. This is despite many people having to walk long distances or travel at great sacrifice to reach the clinics. Nurses also do not refer them to doctors; rather they make their diagnosis based on their impressions of the person without conducting a proper examination.

Women spoke of there being insufficient staff for home-based care of women living with HIV/AIDS. This meant that women who were often too ill to come to the clinic went unseen when in urgent need of medical assistance. There are no hospices for terminally ill people in most areas and none in rural areas. People just do not know how to care for the terminally ill and in some cases they refuse to take care of the dying. There have been report of women being starved to death by families who say that they are going to die anyway so why waste food and money on them when the money can be used by the rest of the family.

Breast- feeding is a problem for infected women. They have no money or access to maintenance so they are forced to feed their babies even though they know they are infected.

Numerous difficulties with women being taken to hospital were expressed. Women said that transport to hospitals scarce and expensive. They also received poor treatment in hospitals. They spoke of having no one to give them water to drink, nor food to eat. One women told how women "only receive help if they or their families know someone in the hospital". Hospitals often don't have sufficient or appropriate medication for patients.

Some women told how the hospital had failed to disclose the HIV positive status of infants to parents. When the children became sick, parents were shocked to discover that they were HIV positive. The difficulties of disclosing that children were HIV positive to parents were highlighted in a number of cases where infants had been abandoned when the family had been told the children were HIV positive.

Volunteers help people living with AIDS in hospitals but receive no remuneration for work, despite being from poor communities.

Racism and HIV/AIDS

HIV/AIDS affects people differently. Poorer people are more vulnerable. In this country Black people are the poorest and Black African women constitute the poorest of the poor. The structural inequalities that are racially based need to be addressed when dealing with HIV/AIDS.

Many Black people resent Whites coming to teach them about HIV/AIDS. If white women organise conferences, they showcase black children who are ill not white children who have the disease. Women feel that white women should not come to educate them about this disease and fundraise using the black children in order to get funding. Conferences, workshops are only attended by black HIV positive children, they don’t recruit white children to attend the workshops on Aids.

There is much confusion between different racial groups. Many people of different ethnicity’s Asian people think that HIV/AIDS is a disease of poor black people and rural people while Black people think it is a disease of white homosexuals and drug addicts.

There were some perceptions that health care is provided along racial lines. Whites having the best access and others having access based on their racial identities.

Poverty and HIV/AIDS
CEDAW Articles 11,13,14,16; BPA 1

Poverty provides the greatest challenge to living with and dealing with the disease. Good nutrition
is a critical factor in surviving the HIV status for several years, which could be productive years?
with a reasonable sense of well being. Yet, poverty is prevalent amongst people generally
preventing them from being able to access either nutritious food or essential medication.

Poverty impacts speedily on the life span of HIV sufferers. With some money in hand the crucial decision is whether to buy food or travel to purchase the drugs. Opportunistic diseases are able to invade healthy tissue speedily resulting in poor sufferers dying much earlier than rich sufferers are. In cases where medication can be purchased the patient then needs to be sustained by nutritious food. Throughout the country people are dying hungry.

Reports are that women die far quicker than men do. NGO's think that it is important to fight for treatment but people do not have food to support the medicines. Treatment on an empty stomach is not beneficial. Women will feed children before they feed themselves.

Economic and Social Benefits
CEDAW Articles 11,13

Women said that there had been some significant changes in their lives. The fact that working women received maternity benefits was a huge achievement. Women mentioned that they received maternity leave that was far better than ever before. Teachers said that the fact that they were no longer discriminated against when they married was another good achievement. Some were bitter that on retiring women received far less than men because their service was counted only from the re-instatement as full time employers. Sometimes this meant that they lost many years of service. This happened under the previous government. Such discrimination no longer exists.

Social grants

Social grants have caused severe stress to many people. Child support grants are thought to be far too little to realistically provide for a child. Women felt that it was cruel to stop it at age 7 years as children just begin school then and the money is needed to provide for them then. Some women said that the grant helped the grandparents who were forced to care for children but they said that they want this to be reviewed, as it was too little.

The arbitrary stoppage of pensions of the aged and grants for the disabled has been one of the worst difficulties people sited. Hundreds of people mentioned how the old and disabled people suffered because their grants were taken away, many without any notice whatsoever and how difficult it was to access grants again. Doctors assigned to re-assessing people were not available and insensitive and made decisions which seriously disadvantaged people who were in desperate need. People who were clearly disabled were passed off as able to work and then dismissed. Disabled women in particular suffer from these decisions. Old people struggle to get to the centres where help is supposed to be available and are turned away. The waiting period for responses from government officials and department is always very long running into years. "People are dying while waiting to be attended to or after having been refused essential grants". At no time did anyone say that they had received adequate treatment or responses. The accessing of social grants of all manner and kind is one of the biggest failures of government in all provinces.

Many women we spoke to have no idea that they were able to access child grants. They were shocked but also disclosed that they did not have identity documents or the children had no birth certificates.

Banking institutions
CEDAW Articles 11,13

Women spoke about the extreme difficulties they have accessing bank loans. Banks continue to discriminate against women even when the women are long standing clients of theirs.

A woman said "A bank refused me credit even though I was fully employed at the same place for 16 years. My husband went along and was given credit immediately". Women in the corporate sector said that "banks penalize women" with interest rates.

They still ask for the husbands’ signature. One woman said, " my husband is unemployed. I have been the breadwinner for 8 years. Recently I was hi-jacked. The bank insisted that my husband sign as guarantor on my bank transactions".

Black women experience greater difficulties in accessing loans of any kind. Women said that often accessing bank loans depended upon whether you knew someone at the bank or not or whether someone you knew had connections at the bank. There was often no other way. So, women who did not have these networks simply were refused help.

Language was a huge block to women accessing banking services. Women are always addressed and attended to in English or Afrikaans and often they do not understand what the bank requires because of the language barrier. This effectively put a stop to any inquiries that they hope to make.

Rural Women
CEDAW Article 14

As previously mentioned, women in rural areas continue to suffer sever oppression under the cultural and traditional laws which exist. Women complained of sever deprivation saying that they were deprived of food, clothing, medical care and support. They were often left in the rural areas to tend for children, family the sick and elderly people while the men sought work in cities. Often they did not return and the burden of care continued indefinitely. Girl children continued to be deprived of education because they had to tend younger siblings, sick or elderly people. The burden of caring for the home, ensuring the supply of firewood for cooking and water for drinking and hygiene continues to be the responsibility of girls and women. Rape and abuse is rife while women and girls fulfil these duties.

Rural women identified the need for the following services to be provided:
Public telephones
Purified Water, some rural communities still reliant on drawing water from rivers, always danger of illnesses
Roads in poor conditions, access difficult
Electricity while improvements have been seen in many communities, still a huge backlog [however people complained about the high cost of water and electricity]
Transport needed, women spoke of the high cost taxis especially in rural areas and also the continuing taxi violence which left them afraid to have to take taxis and disrupted so many lives.
Employ more people from the communities to provide better services
Lack of toilets was a problem as was the efficient disposal of waste. Some women were employed in projects to carry the waste away, but did not have any adequate equipment or clothing to protect them from the waste.
Housing remains a major problem for people in the rural areas. [also in urban areas increasing numbers of women living in informal settlements]

Equality before the Law

The South African constitution secures equality of all its citizens. S9 of the Bill of Rights of the constitution spells out the right to equality and include the following provision; everyone is equal before the law and has the right to equal protection and benefit of the law. Equality includes the full and equal enjoyment of all rights and freedoms, neither the state nor an individual may unfairly discriminate against anyone on one or more listed grounds.

Links to CEDAW and the Beijing Platform for Action.

Violence against Women and girls
CEDAW Articles 3,5,16; GR 12,14,19; BPA 4,12

Domestic Violence

Violence against women and girls was rife. Every woman interviewed and the men who participated said that they knew of incidents of gender-based violence or were victims themselves. Women said that many of the factors mentioned in this report contributed to violence in their lives.
Women are beaten at an alarming rate. No support is available to them. Few women know about the Domestic Violence Act. Where they do try to use it, the Domestic Violence cases are not receiving the attention they require. The law is also misinterpreted at the least and ignored at the most. Police indifference is rife and protection of male abusers is common particularly if the police know them. If police respond, the women will be ignored "unless she had blood dripping from her body" and most times even this is ignored. There are no mechanisms in place to monitor the police responses. Many women are known to have died because of police neglect.

Women have little knowledge themselves of the full provisions of the Domestic Violence Act. Some organizations are providing training but we came across incidents where women have been misinformed. In one such incident women were told that they have to be married and living with a man before they are able to access an interdict.

We heard first hand accounts of rape, sexual abuse, incest sexual harassment and femicide. "Many women are being killed by their husbands" was heard far too often. Women told how they had been silent to the cries of women living close to them or women in their immediate circles who confided in them only to learn of their deaths afterwards. One woman told how she became an activist because her neighbour had asked for help from many people in the community and all of them turned a deaf ear. One night her screams were particularly loud. The woman said she felt sorry but did not want to interfere because she believed that this was a private matter. The next morning the neighbourhood dogs made a continuos noise in the yard and eventually the woman’s body was found in a shallow grave in her own home". The same woman told us that her daughter was a professional nurse when her boyfriend beat her within an inch of her life. Today her daughter is brain damaged. We were told how women killed by their husbands are often said to have died of brain hemorrhages that are related to beatings but the men seldom are implicated. A study done at the University of Transkei indicates that there has been an increase in the number of deaths by violence of women and girls between 1998 and 2000.

Respondents told stories of their rape. Disabled woman told horrific stories of incest and rape to which they were repeatedly subjected because of their disability. A deaf woman conveyed her story to us through an interpreter. She said that she took a taxi from one village to another. Along the way the taxi driver stopped and raped her. She was unable to tell anyone the story for lack of a sign language interpreter. Eventually she found someone whom she told the story to. Her family was informed and because she knew the taxi driver by sight, she was able to point him out. The family accosted the man and he was told to pay damages. The man willingly agreed to pay the family R50-00. The matter was dismissed and the young woman left to suffer the pain of the rape and the sense of betrayal that we shared with the counselors who sought to help her.

Rape of school girls, date rape and acquaintance rape was a reality in many women’s lives. Women said that they hardly reported these incidents largely because the people whom they first old said that they should hush it up. Many said that women themselves were disbelieving of their stories and this put tremendous fear into them. Girls told how teachers at schools raped them and the school clamped up about the incident. At one school, a teacher was known to consistently rape girls but none of them would report it because they feared for their lives. Girls also told how gang rapes took place at schools. Usually "clever girls" or very pretty girls were targeted for such treatment by boys who wanted to "tame them". The boys covered up for one another and the girls were ridiculed.

A young girl of 16 years told how her father from the age of 12 years raped her. She complained to her grandfather who sought the advice from the local Chief. The chief told them to report the case to the police. On the way to the police station, the child’s grandfather asked her to forget the case as it would be tough for the family if the father went to jail. The child was powerless but very angry. Shortly afterwards she found herself pregnant. Her Stepmother threw her out of the house and she was left destitute. She eventually made her way to the nearest big town which we 50 kilometers away. She gave birth to her father’s child. She went to every body she knew or heard of and found no help. Eventually an NGO in the closest big city came to her assistance. They helped her to make a case against her father. The police were given all the information on where t find him. After six months, they had not made an arrest. With more intervention from the NGO the man was apprehended but let out on bail. The case was never finalised. The girl has since been diagnosed HIV positive.

Child Abuse
Convention on the Rights of the Child Articles 1,2,7,8,28

Child abuse cases are dragged on for years. In some provinces when cases come before the court, parents are not allowed to accompany their children through the hearing and doctors are not allowed to give evidence in cases of child abuse. Children face lawyers, advocates and perpetrators on their own. The child is expected to remember the incident in detail going back as much as 3-4 years and the child has to undergo cross-examination by trained people. Many cases get thrown out as a result. Children become prisoners of their homes where the perpetrators are relatives (this is so in many cases).

Police response to Violence against Women
CEDAW Articles 2(C),16

The response of the South African police services differed from police station to police station. Sometimes women received prompt, sympathetic responses and at other times, they never ever received a response or they were given some inappropriate response. Some women said that "It appears that police men are not bound to respond to all cases but chose which they think is important or not". One woman activist said, " responses are inconsistent and sporadic. I call it the Russian Roulette type of response. If you are lucky, you get a good response (hit the target) but most times you miss and all you get is frustration.

Rural women are most disadvantaged because not only are there far too few police stations, but those who exist do not have sufficient transport or personnel to respond to all the cases which are brought to their attention.

The attitudes of police people are largely bad. This is due to their being over-worked, under trained and poorly resourced. They have huge caseloads and they say that they have to choose which to give their attention to. On police officer said, that when he looks at his desk and sees 12 murder cases and four cases of domestic violence, he is hardly inclined to deal with the domestic violence case. Police complained about women who withdraw their cases claiming that this wasted their time. Women on the other hand said that often they withdraw cases because they fear loss of income.

Maintenance
CEDAW Articles 2,16

Many women report going to court on maintenance matters where they are made to wait all day without her case being called. She left at 4.30pm without having her case called. The next day she was arrested for contempt of court. Maintenance matters have come under severe pressure. Women find that the courts are mostly not willing to help. Clerks of the court are cold and insensitive and will not try to listen to a woman who seeks assistance. Courts are unwilling to initiated garnishee orders and women often wait months for monies "lost" in the system. Women take off from work at times, are delayed at court and expected to return at another time.

In one province, a magistrate postpones maintenance cases indefinitely. Women said that the new laws on domestic violence and maintenance were like Poodles not Bulldogs. They look pretty but have no bite.

Judiciary
CEDAW Articles 2,3,5,15

Women complained about the judiciary being male dominated. In many centres the judiciary was still white male dominated and everywhere, the judiciary was gender illiterate. The judiciary uses the "Independence of the judiciary" philosophy to undermine communities in general and women and children in particular. Cases are postponed indefinitely, maintenance cases are considered under definite negative biases towards women. Knowledge on new legislation is open to varying interpretation by the judiciary and depended largely on their particular biases, which often is of a cultural or racial nature. In some towns the judiciary are extremely aggressive and uncompromising. The Independence that the judiciary clings to is the very mechanism used to discriminate against people, particularly women.

In summary, in spite of the gloomy picture that is painted here, women were quick to point out the changes, which they experienced. Many of them admitted immediately that things had improved. There were new spaces and opportunities for women now than ever before. The most significant change is that women have more visibility in society albeit it not always to their benefit. Women acknowledged that government had begun to build houses, put in electricity and provide water. This they said eased some burdens and they were appreciative of that. Some were able to point out the new legislation; other government programmes targeted to benefit women and still others mentioned how proud they were to participate in processes at the level of local government. Many more women’s groups in the form of NGO’s and CBO’s were visible giving women the opportunity to develop their leadership skills and engage with the transformation process.

The concern was largely around the nature of responses by government officials across all government departments and at all three levels of government. One respondent sunned it up by saying that there was no standardisation of responses. A mechanism was necessary to ensure that all departments dealing with a particular issue or addressing a particular problem respond in the same way.

The researchers were amazed at the extent to which women and men were prepared to open their lives to scrutiny. The honesty and integrity of people especially in the face of extreme poverty knowing that the interview was not going to change their circumstances humbled them. In addition, the researchers were convinced that most communities were accessible through NGO’S CBO’s and civic organisations. This was demonstrated when help was sought to identify communities to include in this study. Significant opportunities were created by NGO’s and CBO’s and civic associations throughout the country displayed a great enthusiasm to contribute to the transformation process.





Analysis

The CEDAW Convention carries with it the principle of State Obligation. Obligations of means, through laws and policies and obligation of results. The latter requires that the state ensure undertaking extra measures implementing enabling conditions etc. so that women’s capacity to access the opportunities provided enhances the practical realisation of rights by undertaking. This means that the state is obligated not only to regulate itself but also the actions of private persons and institutions.

We acknowledge that the State has fulfilled the first level of obligations as set out in Article Two.

It says that " State parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and. To this end undertake to embody the principle of equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure through law and other appropriate means the practical realization of rights".

South Africa has ensured the protection of the rights of all its people through the provisions of the constitution and Bill of Rights. The Promotion of Equality and Prevention of Unfair Discrimination Bill has expanded the protection of rights.

In theory, due to legislative reforms, the situation of women has improved. Legislation has been enacted in respect of land, housing, employment equity, family law etc. Unfortunately, these rights have not transformed the lives of women in a substantial way due to a lack of effective implementation thereof. Factors impeding implementation include budgetary constraints, lack of training of service providers, attitudes of service providers, lack of access to legal services and also lack of knowledge on the part of potential users of the law. Hence, the reality is that South Africa must be commended for its achievements in attempting to attain formal equality but it has to work harder to achieve substantive equality for women and reflected in the research findings.

The data collected from the 1415 respondents interviewed in the country reveals that the State fails to ensure the protection of rights at the second level. State responsibility means that all its agents have to ensure the protection of rights through implementation of policies, programmes and in their attitudes.

The interviewees demonstrated through their personal testimonies and case histories that there is blatant discrimination by agents of the state.

The judiciary uses the "Independence of the judiciary" philosophy to undermine communities in general and women and children in particular. Cases are postponed indefinitely, maintenance cases are considered under definite negative biases towards women".

"The response of the South African police services differed from police station to police station. Sometimes women received prompt, sympathetic responses and at other times, they never ever received a response or they were given some inappropriate response. Some women said that "It appears that police men are not bound to respond to all cases but chose which they think is important or not". One woman activist said, " responses are inconsistent and sporadic. I call it the Russian Roulette type of response. If you are lucky, you get a good response (hit the target) but most times you miss and all you get is frustration".

This response by the judiciary, the police services, health workers and other civil servants indicates blatant discrimination. The discrimination is gendered in nature because women spoke of the stereotypical images which men hold within society.

Men say that women cannot think on the days when they menstruate. Women are fickle and need a man to keep them in control. Women cannot deal with difficult matters such as finance. They need a man to manage this for the.

"Manne hou nog baie die dium op die vroue" (men still hold women under their thumbs) was a common view from women. Some women said, "A man is the king of the palace" Women are not supposed to question that. One woman said that in spite of changes, the bottom line is that men are still considered "Daai Ou" (The man). Women said that men thought them inferior in many respects. Women indicated they felt this way too. Many women spoke of men as being the head of the household and they having to listen to them".

Recommendations.

A targeted Plan of Action is required for Government to be able to ensure the effective implementation of CEDAW. Effective monitoring is dependent upon. The plan of action has to include action plans for each article within the convention. Every plan must be accompanied by time frames. The question has to asked " what is the segment by segment benchmarking of progress: The Target Action Plan has to take into account the present obstacles to the full enjoy o rights. The State must ensure that the backwards linkages are taken into account. Eg.

"I tendered for a building contract and was given it. I needed transport to carry the material to the building site. At first, there was an African transport manager who helped me and I paid for the transport out of the payment that I received for the work. He was promoted and the Indian man and his White supervisor who took over refused to help me. They ensured delays to the work and then claimed that "This woman is not able to manage the work".

The backwards linkages refer to the obstacles which may prevent access to the opportunities created by government. The identification of Special measures to ensure the realisation of every right enshrined within CEDAW must be put in place.

Every government department will have to gather data on an on-going basis. There must be a mechanism where women can report obstacles and this would form the basis of the Data collection process. The data collection must be systematized so that transgressions can be penalized.

The final recommendation is that this committee advocates with existing institutions such as the Commission on Gender Equality and the Human Rights Commission to establish a Pilot CEDAW Implementation Project. This model must focus on one region or district and it must aim to address a specific form of discrimination. The model must have a complaints cell which is widely publicised in the targeted region/area. Training must be identified and resources allocated for the full implementation of this project. I can be small but must be effective. The model can later be replicated in other areas.
The implementers of this first project can train the implementers of the next phase and the project can grow in this way. This project will ensure the progressive implementation that CEDAW advocates.

Lesley Ann Foster & Christopher Harper
Masimanyane Women's Support Centre
East London