Report on Victim Empowerment Programme (VEP) Consultative Stakeholder Summit e Victim Empowerment Programme (VEP) Tenth Anniversary Conference (Held at the International Convention Centre (ICC) Durban, South Africa 18 – 20 August 2008) Partnership between the United Nations Office on Drugs and Crime (UNODC), The Department of Social Development (DSD) and European Union (EU) Conference theme: “Victim Empowerment in South Africa” Produced by: Audio Visual Conferencing 22 September 2008 Held at the Birchwood Hotel, Boksburg, Johannesburg, South Africa, 19 – 20 June 2008 European Union Page 1 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Victim Empowerment Programme (VEP) Tenth Anniversary Conference Report Department of Social Development Private Bag X901 Pretoria 0001 Tel: 012 312 7169/7568 Fax: 086 542 5177/012 312 7541 Website: www.socdev.govza Hosting Directorate Victim Empowerment Programme Chief Director: Ms Connie Nxumalo Partnerships European Union & United Nations Office on Drugs and Crime Regional Representative of the United Nations Office on Drugs and Crime for Southern Africa: Dr Lucas Jonathan VEP Director: Dr Zodidi Tshotsho Conference Overseer: Ms Joan Groenewald Conference Coordinator: Ms Athalia Shabangu UNODC Representative: Ms Rebecca Modipane Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 2 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference TABLE OF CONTENTS Contents TABLE OF CONTENTS ................................................................................................................................................................................... 3 2. ACKNOWLEDGEMENTS ............................................................................................................................................................. 6 3. LIST OF ACRONYMS ................................................................................................................................................................... 8 4. FOREWORD ............................................................................................................................................................................... 10 5. INTRODUCTION ......................................................................................................................................................................... 11 6. BACKGROUND .......................................................................................................................................................................... 12 6.1 OBJECTIVES OF THE CONFERENCE ....................................................................................................................................... 13 DAY ONE: PRESENTATIONS..................................................................................................................................................... 14 7. Opening Session - summary of speeches .................................................................................................................................... 14 7.1 Welcome Address: Mr Obed Mlaba, Executive Mayor, Ethekwini Metro ...................................................................................... 14 7.2 Legislation and oversight: Mr Mike Masutha, Chairperson of the Portfolio Committee, Parliament ............................................. 15 7.3 Statement and Message of Support: Dr Jonathan Lucas, Regional Representative, United Nations Office On Drugs and Crime UNODC) ....................................................................................................................................................................................... 16 7.4 Welcome Address: Dr Langalibalele Mqadi, Acting Head of Department, Department of Social Development, KZN ....................................................................................................................................................................... 17 7.5 Keynote Address: Dr Jean Swanson- Jacobs, Deputy Minister of Social Development ............................................................... 18 7.6 Vote of Thanks: Dr Maria Mabetoa, Deputy Director-General of Welfare Services, DSD ............................................................ 19 8. SUMMARY OF PAPERS PRESENTED AFTER THE KEYNOTE ADDRESS PLENARY SESSION ........................................... 20 8.1 Conference outline - Expectations, Objectives and Processes: Dr Juan Nel, VEP Task Team Member, UNISA .......................................................................................................................................................................................... 20 8.2 Overview of the Criminal Justice System: Advocate Simon Jiyane, Deputy Director–General, Department of Justice and Constitutional Development ......................................................................................................................................................... 21 8.3 Overview of the Victim Empowerment Programme (VEP): Ms Conny Nxumalo, Chief Director, Families and Social Crime Prevention, DSD .......................................................................................................................................................................... 22 9. SUMMARY OF PAPERS PRESENTED IN THE THIRD SESSION. THEME : POLICY AND LEGISLATION ............................. 24 9.1 Introduction to the session theme: Policy and Legislation, Ms Vuyelwa Nhlapo, Deputy Director-General: DSD ............................................................................................................................................................................................... 24 9.2 Criminal Law (Sexual offences and related matters. Amendment Act 32/2007): Advocate Brandon Lawrence, NPA ............................................................................................................................................................................ 24 9.3 Implementation of the Children’s Act: Dr Maria Mabetoa, Deputy Director-General, Welfare Services Transformation, DSD ................................................................................................................................................................... 26 10. SUMMARY OF PAPERS PRESENTED IN THE FOURTH SESSION. THEME : SECTOR SPECIFIC RESPONSIBILITIES .................................................................................................................................................................... 31 10.1 Introduction to the Sector Specific Responsibilities: Ms Nomfundo Mogapi, VEP Management Team, DSD .............................. 31 10.2 Panel Discussion – Empowering Victims: A case study involving a panel of stakeholders that review their roles and responsibilities in assisting a client (victim) who has been assaulted by her husband. ............................................... 31 10.3. Panel: Round Table Discussion ................................................................................................................................................... 35 DAY TWO COMMISSION WORK AND FEEDBACK TO PLENARY ............................................................................................................. 38 11. Summary of the Commissions held in the Fifth Session .............................................................................................................. 38 11.1 The Summary of the Day 1: Ms Sharon Kouta, DSD Western Cape............................................................................................ 38 11.2 Commission 1: Theme 2: Management and Partnership ............................................................................................................. 41 11.3 Commission 2: Theme 2: Management, Partnerships and Research .......................................................................................... 45 Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 3 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 11.4 Commission 3: Theme: Service Delivery ...................................................................................................................................... 59 11.5 Commission 4: Theme 3: Service Delivery ................................................................................................................................... 63 11.6 Commission 5: Theme: Training, Capacity Building, Monitoring and Evaluation and Research .................................................. 68 12. Summary of the Commissions held in the Fifth Session .............................................................................................................. 74 12.1 Commission 1: Theme 5: Research ............................................................................................................................................. 74 12.2 Commission 2: Theme 5: Research ............................................................................................................................................. 79 12.3 Commission 3: Theme 5: Research ............................................................................................................................................. 88 12.4 Commission 4: Theme 5: Research ........................................................................................................................................... 100 12.5 Commission 5: Theme 5: Research ........................................................................................................................................... 104 13. FACILITATORS’ REPORT BACK TO PLENARY: ..................................................................................................................... 112 SESSION 1: COMMISSIONS 1- 5 ............................................................................................................................................................... 112 13.1 Commission 1: Theme 2: Management and Partnership ........................................................................................................... 112 Facilitator: Ms Prudence Ramolehe .......................................................................................................................................... 112 13.2 Commission 2: Theme 2: Management, Partnerships and Research ....................................................................................... 114 Facilitator: Mr Joel Mokonoto .................................................................................................................................................... 114 13.3 Commission 3: Theme 4: Service Delivery................................................................................................................................. 115 Facilitator: Ms Gladys Mangwani .............................................................................................................................................. 115 13.4 Commission 4: Theme 5: Service Delivery ................................................................................................................................ 116 Facilitator: Prof Tandeka Mkiwane / Report back by UNODC Consultant .................................................................................. 116 13.4 Commission 5: Theme 5: Training, Capacity Building, Monitoring and Evaluation..................................................................... 117 Facilitator: Ms Myrtle Morris ...................................................................................................................................................... 117 14. FACILITATORS’ REPORT BACK TO PLENARY: ...................................................................................................................... 119 SESSION 2: COMMISSIONS 1- 5 ............................................................................................................................................................... 119 14.1 Commission 1: Theme 5: Research ............................................................................................................................................ 119 Facilitator: Ms Thembi Madidimba .............................................................................................................................................. 119 14.2 Commission 2: Theme 5: Research ............................................................................................................................................ 120 Facilitator: Ms Zoleka Mteto ........................................................................................................................................................ 120 14.3 Commission 3: Theme 5: Research ............................................................................................................................................ 121 Facilitator: Ms Sharon Kouta ...................................................................................................................................................... 121 14.4 Commission 4: Theme : Research .............................................................................................................................................. 122 Facilitator: Ms Innocentia Mosemeng......................................................................................................................................... 122 14.5 Commission 5: Theme 5: Research ............................................................................................................................................ 122 Facilitator: Mr Radesh Byroo ...................................................................................................................................................... 122 15. Panel Discussion: Points of clarity and questions ........................................................................................................................ 124 15.1 Aspects raised by the delegates ................................................................................................................................................. 124 15.2 Responses by the Panel of Facilitators ....................................................................................................................................... 126 DAY 3 PROVINCIAL FORUMS AND CONFERENCE RESOLUTIONS ................................................................................................. 128 16. Summary of the previous day ...................................................................................................................................................... 128 Ms Melanie Goble, Executive Director, Leving Waters, East London. ......................................................................................... 128 17. A SWOT ANAYSIS BY NATIONAL AND PROVINCIAL FORUMS OF THE VEP ....................................................................... 129 17.1 The Strengths, Weaknesses, Opportunities, and Threats: Victim Empowerment Forums in the Free State Province ....................................................................................................................................................................................... 129 17.2 The Strengths, Weaknesses, Opportunities, and Threats: Victim Empowerment Forums in the Gauteng Province ....................................................................................................................................................................................... 131 17.3 The Strengths, Weaknesses, Opportunities, and Threats: Victim Empowerment Forums in the Eastern Cape Province.............................................................................................................................................................................. 132 17.4 The Strengths, Weaknesses, Opportunities, and Threats: Victim Empowerment Forums in the Kwa-Zulu Natal Province .............................................................................................................................................................................. 134 17.5 The Strengths, Weaknesses, Opportunities, and Threats: Victim Empowerment Forums in the Mpumalanga Province ....................................................................................................................................................................................... 137 17.6 The Strengths, Weaknesses, Opportunities, and Threats: Victim Empowerment Forum in the North West Province ....................................................................................................................................................................................... 138 17.7 The Strengths, Weaknesses, Opportunities, and Threats: Victim Empowerment Forums in the Western Cape Province.............................................................................................................................................................................. 140 17.8 The Strengths, Weaknesses, Opportunities, and Threats: Victim Empowerment Forums in the Cape Province ....................................................................................................................................................................................... 142 17.9 The Strengths, Weaknesses, Opportunities, and Threats: Victim Empowerment Forums in the Limpopo Province ....................................................................................................................................................................................... 144 17.10 The Strengths, Weaknesses, Opportunities, and Threats: National Stakeholders ....................................................................... 146 18. Message from the Civil Society Summit - June 2008, Ms Venessa Padayachee, NICRO (Summary) ......................................... 149 19. Endorsement of the Conference Resolutions: Advocate Brandon Lawrence, VEP Management Team Member, NPA ............................................................................................................................................................................... 152 Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 4 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 20. Vote of thanks: Dr Maria Mabetoa, Deputy Director-General, DSD .............................................................................................. 155 21. Annexure ...................................................................................................................................................................................... 157 21.1 Annexure A: Speeches by Dr Jean Swanson – Jacobs, Deputy Minister of Social Development; Dr Jonathan Lucas, UNODC, Mr Mike Masutha, Portfolio Committee, Advocate Simon Jiyane, DOJCD .................................................................................... 157 21.2 Annexure B: Conference Resolutions, Conference Programme ................................................................................................... 167 22. Delegates List and Contact Details ............................................................................................................................................... 171 23. Evaluation of the Conference ....................................................................................................................................................... 187 23.1 Expectations covered during day 1 .............................................................................................................................................. 187 23.2 Relevancy of presentations during day 1 ..................................................................................................................................... 187 23.3 Expectations of video ................................................................................................................................................................. 188 Day 2 ...................................................................................................................................................................................................... 188 23.4 Average percentage of break-away commission’s – Expectations met ...................................................................................... 188 23.5 Relevancy of presentations to the work ..................................................................................................................................... 189 23.6 How the facilitators managed the commissions?........................................................................................................................ 189 Day 3....................................................................................................................................................................................................... 190 23.7 Duration of the program ............................................................................................................................................................. 190 23.8 Was the conference practical for your professional needs? ....................................................................................................... 191 23.9 How did you found the overall standards of the presenters?...................................................................................................... 192 23.10 Has the conference met your expectations? .............................................................................................................................. 193 More commissions and role clarification .................................................................................................................................... 193 23.11 Did the presenters cover the topics adequately? ....................................................................................................................... 193 23.12 Did the presenters provide opportunities for delegates to participate?....................................................................................... 194 24. Further comments from delegates .............................................................................................................................................. 194 24.1 Other needs are: ........................................................................................................................................................................ 194 24.2 Overall assessment of the programme and suggestions ........................................................................................................... 194 25. Evaluation of Presentations ........................................................................................................................................................ 195 Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 5 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 2. ACKNOWLEDGEMENTS The Department of Social Development and the European Commission/United Nations Office on Drugs and Crime (UNODC) wishes to extend a word of thanks to the Victim Empowerment Programme Task Team who planned and organized the very successful event. A special word of appreciation to the following persons, departments and civil society organizations which participated and contributed to the success of the conference: ● The Executive Mayor of the Ethekwini Metro for welcoming the 10th Anniversary VEP conference and the delegates to Durban. ● The Chairperson of the Portfolio Committee, Mr Mike Masutha who provided the conference with the parliamentary perspective and expectations concerning the provision of services, especially to the vulnerable groups in South Africa. ● The UNODC Representative, Dr Jonathan Lucas for a very detailed message of support and for highlighting the importance of developing partnerships and coordination with civil society. ● The KZN Department of Social Development, Acting Head of Department, Dr L Mqadi for his welcome address in which he asked that the needs of the various victims be taken into consideration and urged greater coordination. ● The Deputy Minister of Social Development, Dr Jean Swanson-Jacobs for the welcome address and for remaining at this important conference for almost its entire duration, and in so doing appraising herself of the inputs, the important processes and a cross-section of points of view. ● The various chairpersons of the plenary for their excellent work done in leading the conference with insight and humour and for keeping the conference on track and on time. ● All presenters for sharing their expertise and for stimulating vibrant discussion. Their papers were insightful, inspiring and suggested a number of options as to the way forward. Many lessons regarding the VEP sector were learned and could benefit South African society. ● The facilitators of the commissions who managed the process very well and provided excellent feedback to plenary and who elaborated well on subsequent points of clarity. ● Delegates from national and provincial departments, civil society organizations, the business sector, academic and research institutions for their active participation and meaningful contributions. In addition, the delegates deserve thanks for their excellent analysis, their conduct and their professional manner. ● The Durban Divas band that entertained the delegates during the Gala Dinner gave truth to Mayor Mlaba’s opening words: “Durban, where the sun never sets.” Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 6 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference ● The service provider that professionally captured and recorded the conference proceedings. “WELL DONE.” ● The VEP Management Team members who willingly assisted with the facilitation of the commissions. This was a clear illustration of teamwork. ● Provincial coordinators for inviting civil society delegates from their respective provinces and for facilitating the provincial breakaway groups. ● ● The European Commission and UNODC for funding the 10th Anniversary Conference. Finally the Task Team from the National Department of Social Development and UNODC who were responsible for logistical arrangements and which ensured that the delegates were well accommodated and transported to the conference venue. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 7 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 3. LIST OF ACRONYMS ARV BAC BEE CASE CDW CJS CPF CJP CJS CPF CSOs DCS DG DHA DOE DOH DOJC DSD DV EAP EC ECD EPWP EU FBO FCPU HOD ICC IDMT IDP IJS IOM ISS JCPS KPA KZN LCMC METF M&E MINMEC Anti-retroviral Business Against Crime Black Economic Empowerment Community Agency for Social Engineering Community Development Workers Criminal Justice Centre Community Police Forums Criminal Justice Processes Criminal Justice System Community Policy Forum Civil Society Organisations Department of Correctional Services Director General Department of Home Affairs Department of Education Department of Health Department of Justice and Constitutional Development Department of Social Development Domestic Violence Employee Assistance Programme European Commission Early Childhood Development Expanded Public Wellness Programme European Commission Faith Based Organisations Family and Child Protection Unit Head of Department International Conference Centre Inter-Departmental Management Team Integrated Development Programme Integrated Justice System International Organisation of Migration Institute of Security Studies Justice, Crime, Prevention Secretariat Key Performance Area Kwa-Zulu Natal Lesbian, Gay, Bisexual and Transgender Medium Expenditure Term Frame Monitor and Evaluation Ministers and Members of Executive Committee Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 8 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference MOU MSP NAP NCPS NDA NGO’s NICRO NPA NPO NW OSW OSC PCU PEP PTSD RJS SALGA SAPS SAQA SASSA SETA SGB SGV / SGB SLA SOCA Memorandum of Understanding Multi-Sector Partnership National Action Plan National Crime Prevention Strategy National Development Agency Non Governmental Organisations National Institute of Crime and Reinforcement of Offender National Prosecuting Authority Non Profit Organisations North West Office of the Status of Woman One Stop Centre Programme Coordinating Unit Post Exposure Prophylaxis Post Dramatic Stress Disorders Restorative Justice Centre South African Local Government Association South Africa Police Service South African Qualification Authority South African Social Security Agency Skills Education Training Authorities School Governing Body Standard Generating Body Service Level Agreement Sexual Offences and Community Affairs STD SWOT TB TCC TIMS TOR TRC UCAP UN UNICEF UNODC VE VEP WAC Sexually Transmitted Disease Strengths, Weaknesses, Opportunities and Threats Tuberculosis Thuthuzela Care Centers Trafficking Information Management System Terms of Reference Truth and Reconciliation Commission UNISA Centre for Applied Psychology United Nations United Nations Children Fund United Nations on Drugs and Crime Victim Empowerment Victim Empowerment Programme Woman Against Crime Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 9 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 4. FOREWORD The National Victim Empowerment Programme (VEP) was established as a key feature of the National Crime Prevention Strategy (NCPS), which was a proposed strategy to address the factors that contribute to the high levels of crime in South Africa. The Victim Empowerment Programme focuses on promoting a victim centered approach to crime prevention. VEP is also based on a partnership between national, provincial and local government departments and civil society organizations, volunteers, business sector, academic and research institutions. The purpose of the VEP is to facilitate the establishment and integration of interdepartmental/inter-sectoral programmes and policies for the support, protection and empowerment of all victims of crime and violence with special focus on women and children. Victim empowerment initiatives by civil society organizations in South Africa were in existence long before the National Victim Empowerment was established in 1998. Although a multitude of initiatives in victim empowerment existed at local levels across the country, many of which were provided by non-profit organizations (NGO’s), these resources were not equally distributed, coordinated and sustainable. In the past, most of the civil society organizations operated in opposition to the government rather than cooperation with government. In post 1994 period, the relationship between civil societies changed significantly. The focus on the reconstruction and development was accompanied by the recognition that government alone cannot deliver all services. This necessitated a re-examination of the role of government in relation to civil society organizations. Despite the positive contributions made by NGO’s in victim empowerment, there are challenges that threaten the sustainability of many civil organizations. These include funding and financial constraints, lack of technical expertise, skilled and experienced staff, administration gaps, managerial and organizational capabilities. The Victim Empowerment Management Team is an inter-departmental and intersectoral forum responsible for giving strategic direction for the realization of effective and adequate governance of VEP structures. The NGO’s are part of the National and Provincial VEP Forums. Their role within these forums is to function on an advisory capacity, participate in the development and implementation of policies, the development of victim empowerment strategies, and coordination of victim empowerment support services nationally, provincially and regionally. Lack of coordination of services has been identified as a major constraint by the National VEP Team towards effective implementation of victim empowerment programmes. The conference therefore aimed to agree on one common vision around facilitating better cooperation between government and civil society organizations with the financial support from European Commission and UNODC. The purpose of the conference was to generate solutions to VEP challenges and to ensure that government’s partnership with civil society fulfil their roles in the field of victim empowerment. The government in partnership with European Commission and UNODC seeks to cultivate human rights culture by ensuring that victim’s material, physical and emotional needs are met. The European Commission Programme of Assistance seeks to improve Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 10 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference institutional capacity of both government and civil society organizations dealing with victim empowerment. The successful implementation of victim empowerment programmes requires a serious commitment from all three levels of government and the civil society organizations. We earnestly hope that this conference has been able to yield the desired outcomes in strengthening government partnership with civil society organizations and in addressing the challenges faced by the VEP sector. 5. INTRODUCTION Internationally the needs and rights of victims were recognized and addressed through, amongst others, the adoption on 29 November 1985, by the General Assembly of the United Nations of the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power and South Africa is a signatory of this convention. The Declaration is based on the philosophy that victims should be adequately recognized and treated with respect for their dignity. Victims are entitled to access to the mechanisms of justice and prompt redress for the harm and loss suffered. They are also entitled to receive adequate specialized assistance in dealing with emotional trauma and other problems caused by the impact of victimization. Other international instruments include; the United Nations Convention on the Elimination of all forms of Violence against Women (CEDAW), the Convention on the Rights of Children and the SADC Declaration on Gender and Development Addendum on Prevention and Eradication of Violence against Women and Children, 1997. The Bill of Rights, as contained in chapter 2 of the Constitution, 1996 (Act No.108 of 1996) entrenches the right of every person to equality and to freedom and security. It applies to all people in the country and requires respect for the rights of all people. It imposes a duty on government to take appropriate steps to ensure that the human rights of persons are respected. In doing so, the Constitution guarantees the rights contained in the Bill of Rights. The Constitution lays the foundation for other legislation and policy that affirms victim’s rights. Some of the policies include the National Policy Guidelines for Handling of Victims / Survivors of Sexual Offences, 1997 and the Batho Pele principles. Examples of affirming legislation include the Criminal Law Act 75 of 1995, the Domestic Violence Act 116 of 1998, the Witness Protection Act 112 of 1998 and the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007. Since the establishment of the Victim Empowerment Programme, the country has responded to both the UN Declaration and the Bill of Rights, by establishing the Minimum Standards for services to victims of crime which were launched in 2002. These were part of the processes that informed the development of a Service Charter for the Victims of Crime, which was approved by Parliament in 2004. Both documents serve as a means of protecting and promoting the rights of victims in compliance with international obligations under the international and regional human rights instruments. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 11 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 6. BACKGROUND The Department of Social Development in partnership with the European Commission and the United Nations Office on Drugs and Crime hosted the Tenth Anniversary Conference, the Victim Empowerment Programme at the International Convention Centre (ICC), Durban, Kwa-Zulu Natal from 18 – 20 August 2008. This conference brought together 520 delegates from all corners of South Africa. The Victim Empowerment Programme (VEP) was officially launched in August 1998 as one of the key programmes under pillar one of the National Crime Prevention Strategy (NCPS). It is an intersectoral and inter-departmental approach to holistically address the diverse needs of victims of crime and violence. The VEP aims to promote and implement a victim-centred approach to crime prevention focusing on minimizing the negative impact of crime on victims and on breaking the cycle of violence as well as creating a victim friendly criminal justice system. The significance of the conference also relates to its location and its timing. The Tenth Anniversary Conference took place at the venue named after one of the finest warriors of the struggle for freedom and the first South African to receive the Nobel Peace Prize: Inkosi Albert Luthuli. He was also one of the leading figures in the non-violent Defiance Campaign protests against the pass laws. Having given significance to the venue of the conference the timing thereof was also considered important. August 2008 naturally represents a decade of the existence of the VEP, but the conference also took place at the same time as the 52nd anniversary of the historic women’s march against the pass laws. A further significance is the fact that South Africa at this time celebrates Women’s Month which focuses the mind on the progress made in women’s issues in South Africa and the challenges that lie ahead in the areas of employment, security, equality, non-violence against women and economic opportunities for women and girls. The approach of the VEP is strongly based on building and maintaining partnerships between government and civil society organisations, volunteers, research institutions, academics and the business sector. A significant amount of progress has been made in putting into place the legislative and policy platforms which serve as the building blocs of service delivery in South Africa. It also includes important international protocols that cover a wide range of issues from the protection of women and children, trafficking and drug abuse among others. All delegates to the conference agreed that with such a framework in place, the way forward required proper and considered implementation that included the coordination and integration of sustainable service delivery that encompassed ongoing capacity building. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 12 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Allied to this was the important purpose of the conference, viz. to examine the ten years subsequent to the establishment of the VEP in1998 and, importantly, to effect an evaluation of this period. This process would in effect culminate in a planned programme of monitoring and evaluation for the next few years. The structure of the conference speaks to these important processes. There were ten commissions with an average three expert presentations per commission that examined virtually every aspect of the sector, ranging from women and children protection, trial preparation for victims, programmes for ex-combatants and trans-generational trauma, parliamentary research into service delivery in South Africa, to one-stop centers and shelters, capacity building, academic applied research and the engagement of men and boys in the campaign against gender based violence. Furthermore, on the last day a cross-section of the stakeholders of each province conducted analyses as to how their province could benefit from greater VEP coordination within the province and with national departments and organizations. This latter area has been an issue that the sector has wanted to address for some time. Accordingly, the nine provincial breakaways together with a national breakaway provided a number of solutions to what were previously considered obstacles to the proper functioning of the VEP in a number of provinces. Lastly the conference resolutions were adopted to take the VEP into and beyond 2010 with a continuous monitoring and evaluation system being implemented for this period. 6.1 OBJECTIVES OF THE CONFERENCE The conference had a number of objectives with one of the important objectives being further examination of the process and the results of the consultative stakeholder Summit held in June 2008 at the Birchwood Hotel, Gauteng Province. The other important objectives were related to the resolutions of the last national conference and the progress in their implementation. In addition, the conference examined how to further the ‘restorative justice approach’ in South Africa; an approach that is in line with the National Crime Prevention Strategy’s victim centred mission for the criminal justice system. As was the case in June 2008 during the stakeholders Summit, the dialogue was characterised by open and frank discussion by all participants. The study on the first day set the tone for the work of the ten commissions that would follow and generate discussions. In addition to the above objectives the following essential and central objectives of the conference were: To showcase VEP and related services and programmes; To create linkages between the 10th Anniversary and existing campaign to raise awareness and inform communities of the impact and psychosocial consequences of crime and violence; To strengthen the partnership with Civil Society Organisations; To critically reflect on the achievements and challenges of the VEP and To come up with the way forward and obtain re-commitment from all VEP stakeholders. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 13 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference DAY ONE: PRESENTATIONS 7. Opening Session - summary of speeches 7.1 Welcome Address: Mr Obed Mlaba, Executive Mayor, Ethekwini Metro A warm welcome to you and all dignitaries to Durban - where the sun never sets. You are here for a very important conference where you intend to review the performance of the Victim Empowerment Programme (VEP) initiative that was started some ten years ago. This process will entail the identifying of any gaps that may exist and where we can move forward as a nation. This is an interesting process as it raises the question as to what kind of a society we are that requires victim empowerment. For us to establish a VEP we accept the fact that this will be with us for a long time and during the conference it might be instructive to look at what are the causes of crime in our society. South Africa in 1994, being the last democratic dispensation on the continent, prompted the question whether we could not have done better by avoiding the mistakes of previous democracies. As we are asking ourselves such questions, the question does arise as to South Africa having been such a racially, socially and class divided society for so many years. Have we been able and are we still able to start to examine ourselves and to ask what we can do to have a fully integrated society where all live in harmony and that victims become a phenomenon of the past. I sometimes wonder whether we used the Truth and Reconciliation Commission (TRC) initiative to its full potential. Should we not acknowledge that we come from a very violent society where violence was legal and was driven by the state itself? Should the TRC not have continued for longer so that the TRC could deal with the victims and their problems and how to treat these victims, some of whom were ordinary people that were victims of a former violence? Is this not part of the violence that we see every day because we live with very angry people whose problems have not been addressed. Lastly I would urge you to deal with the role of the family and family values and of having a home in a democratic South Africa. Will we produce good citizens and good leaders or will we produce criminals. And, are we so reliant on state institutions that we have opted out of our responsibility as family members and blame the state for everything? We need to guard against a sizable part of our society becoming a society of victims who take on a ‘victim’s psychology’. I feel that it is high time that we talk about these very issues; we will have to, if we are to build our society and move away from our very cruel past which still lives with us. Once again you are most welcome to Durban. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 14 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 7.2 Legislation and oversight: Mr Mike Masutha, Chairperson of the Portfolio Committee, Parliament I have been asked to address the conference regarding the role of parliament and law making. I have worked in civil society, for a firm of attorneys involved in human rights and I have worked in government and the DSD legal section before becoming a politician. Thus I have a good background and not just have a bird’s eye view. In the field of social development most of the services that are rendered are not possible without the collaboration between civil society and the three spheres of government. In parliament, when we process legislation, especially in the service sector, we need to strengthen the collaboration between the 3 spheres of government. The role of local government and the provision of social services has not been institutionalized and formalized over the years in the manner that it should have been; with certain areas of legislation having not been properly assigned. I hope that this is one of the areas that will get attention in the conference. Collaboration also extends to the different line functions in government. Most of the laws that are the focus of this conference, e.g. the Child Justice Bill, the Children’s Act, the Sexual Offences Act, the Domestic Violence Act and the Criminal Procedures Act are examples of the clear need for the justice communities to collaborate in every aspect. This principle also applies to social development. Recently the Portfolio Committee approved a bill against substance abuse. The committee felt that despite an existing good structure, it was not satisfied that the departments themselves have fully internalized the aspect of collaboration. Therefore the committee requested individual departments to provide information regarding their plans and how they proposed to implement them. We found that departments tend to focus, or to confine themselves to their particular domain. In fact most of the areas of work need some kind of collaboration at the budgetary level, in policy development and in law making. In this way a system can be developed and then implemented in an integrated way. I must say that this seems to consistently characterize the work of the Victim Empowerment Programme (VEP). We look at the reports of different departments and it seems that each of the partners speak the same language and look at victim empowerment in terms of the related actions amongst them. Of course the other function of parliament is to hold government accountable and to exercise its oversight right over government. On a routine basis we invite the President and Ministers to brief the Committee on certain issues. We strive to probe and determine as to where services are being extended to people, especially the poor. As public representatives we are there to promote the best interests of the people; that is our point of departure. When we evaluate the effectiveness of policies the prime focus is: do the people benefit? When we campaign, we have to show the people that we have delivered the services that government undertook to provide. I must continue to place the emphasis on the partnerships that need to be strengthened between civil society and government, as without this we will not go far as a country. Last week I was at a conference regarding the retirement and pension system, where the issue was identified that South Africa was becoming a younger and younger nation compared to the more developed countries. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 15 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Therefore we need to invest more and more in our youth. If we look at the future of a country in which the people are becoming younger, then we have to start to become more youth oriented. Substance abuse is becoming a problem and we have to look at how to address youth empowerment. We have to address the needs of the youth and the underlying causes that create problems. There are various types of vulnerabilities that women face; and these need to be addressed. Other vulnerable groups are the disabled, the elderly, children; some of whom have been abandoned. We need to look at the needs of all the vulnerable people in our programmes and activities and we need to demonstrate that we are a caring society. 7.3 Statement and Message of Support: Dr Jonathan Lucas, Regional Representative, United Nations Office On Drugs and Crime (UNODC) In celebrating the tenth anniversary of the VEP in South Africa we applaud the Government of South Africa and other stakeholders for the adoption of the Service Charter for Victims of Crime in South Africa (“Victims Charter”) and the Minimum Standards on Services for Victims of Crime, and the efforts for their implementation. Implementation is a key objective of the VEP. In addition to the above the focus has also gradually shifted from a retributive criminal justice system to that of Restorative Justice which has at its centre the recognition that crime equates to an offence against the state and is an injury/wrong done to another person. The ultimate goal is victim empowerment through meeting victims’ needs and I am confident that this Victims Charter will assist in the implementation of the applicable laws so that it serves its purpose, i.e. “making justice a reality for all.” The partnership between the national, provincial and local government departments and civil society organisations, including volunteers, business sector, religious leaders, institutions of higher learning and research institutions – must be strengthened, as must the capacity of the various role players. What the joint programme will achieve The joint program between the government and the UNODC aims to improve the implementation of the Victim Empowerment Policies by building capacity, improving coordination and strengthening relations between the government and civil society organisations to address: The capacity of the DSD and other departments nationally and provincially. Address the fragmentation of services through improved coordination. VEP awareness and information campaigns (national and provincial). Build the capacity of CSOs and community based organisations. A Partnership with Civil Society A key element of the programme is an effective strategic partnership between national, provincial and local government departments with CSOs and CBOs. In recognition of the critical role played by NGO’s in delivering services to victims, we expect NGO’s to better manage funds, projects, and services to victims of crime at the end of the programme. Strengthening CSOs must remain one of our strategic objectives. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 16 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference UN Secretary-General Ban Ki-Moon Launches the Campaign to End Violence Against Women Gender based violence, particularly directed at women and children remains a serious concern in South Africa, and elsewhere in the world. In his State of the Nation address in 2007, President Thabo Mbeki highlighted the abuse of women and children. We also salute the pioneering work undertaken by the SOCA-NPA in the work that they have done. On 25 February this year the SG of the UN, Ban Ki-moon launched a global campaign calling on Member States, Civil Society and individuals to focus on concrete actions to eliminate violence against women and girls. Eliminating Violence against women: A priority for UNODC Eliminating violence against women and children is one of the priorities of UNODC crime prevention and criminal justice strategy. UNODC has published the first International Handbook for Effective Police Responses to Violence against Women. Furthermore, we will soon start implementing a regional project in certain SADC countries and SARPCCO on effective law enforcement responses to violence against women. Conclusion I would like to commend the Government of South Africa and Civil Society Organisations for the policies adopted and for the action already taken to support victims of crime, particularly women suffering from gender-based violence and vulnerable children. The challenge we face is implementation and delivery. UNODC is privileged to be associated with this enterprise which will serve as a model for the Southern African region and for the rest of the world. The European Union (EU), by funding the VEP project, has shown its commitment as a partner of the Government of South Africa. I would like to take this opportunity to extend our deep appreciation to the DSD, the VEP, under the leadership of Ms. Connie Nxumalo and Dr Tshotsho, for their strong leadership and exemplary commitment. 7.4 Welcome Address: Dr Langalibalele Mqadi, Acting Head of Department, Department of Social Development, KZN This conference marks the 10th Anniversary of the VEP, and it crucial for South Africa as it deals with issues of victims. Although there have been definite strides countrywide in dealing with victim’s needs and rights, there is still a lot more that needs to be done. Although the VEP has a special focus on women and children, it remains a cross-cutting approach that encompasses the elderly (elder abuse), victims of crime, child abuse, and domestic violence among others. The scope of the programme is wide and no one person or organisation can alone offer the necessary services and programmes. There is a need for integration of programmes within departments and the NGO sector. There needs to be inter-sectoral programmes amongst all stakeholders and at all levels, be it prevention, early intervention, statutory and at the level of planning and policy formulation. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 17 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Different victims of crime have different needs and our services and programmes have to take this into consideration. Colleagues, men are the main perpetrators of violence against women and children. Consequently I want to stress to you the need to develop and intensify programmes that will focus on men as perpetrators. We need to engage with offenders and hold them accountable to the people whose rights they violated and engage them in programmes so that they can repair the damage that has been done. We have excellent policies, legislation and strategies related to the VEP. We need to provide sufficient resources and capacitate our staff adequately to improve implementation so as to assist and support victims of crime and abuse. 7.5 Keynote Address: Dr Jean Swanson- Jacobs, Deputy Minister of Social Development During August, we celebrate Women’s Month which is a celebration of the successes in the empowerment of women, this despite gender discrimination in our society, the high incidents of rape, matricide, HIV/AIDS and domestic violence. Further, significantly this 10th Anniversary Conference coincides with the 52nd anniversary of the historic women’s march against pass laws. Critical challenges still face women: poverty, under-representation, substance abuse, unemployment and HIV/AIDS. Further challenges include trafficking in women and children, it must be noted that both girls and boys are trafficked. The aim of the programme is to promote a victim-centred approach to crime prevention. At the same time I would like to express our gratitude to the European Commission (EC) and to the UNODC for their unwavering support throughout the years. The reality in South Africa is that civil society organisations (CSOs) are in the forefront of providing services to victims of crime and abuse and we cannot achieve the objectives of the programme through government actions alone. It was for this reason that we organized the Stakeholder Summit from 19-20 June in Ekurhuleni. A number of key issues emerged from the summit and deserve mention: Partnerships Of most importance and rightfully so the absence of the Department of Provincial and Local Government at the summit; also bemoaned was the lack of business sector support for the VEP. Services in shelters The shortage of personnel and professional services in many shelters was identified as a major challenge. To make provision for victims with special needs such as children and people with disabilities, we have commenced with the process to review the shelter strategy in line with the Victims Charter. Financing Generally speaking, VEP services are under-funded. CSOs call for greater predictability and an improved innovative resource mobilization strategy. I further appeal to the private sector to make victim support part of their social investment programmes; in this way, Transnet Foundation has generously sponsored shelters in the past. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 18 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Sustainability I agree with the summit deliberations that sustainability is not just about funding; it is about capacity building among others. Accordingly, one pillar in our partnership with the EU and UNODC is capacity building and mentoring of emerging community-based organisations. We must also strengthen prevention programmes and build effective partnerships with the communities, while government has prioritised combating crimes against women (domestic violence, rape, assault, and child abuse) by programmes through the Justice Crime Prevention and Security Cluster. I hope the conference will spend a considerable amount of time on practical strategies to implement the Policy Framework, Strategy for Shelters as well as the Minimum Standards for Service Delivery in Victim Empowerment Programme. Do not need to reinvent the wheel: we need to implement existing policy. Currently, a study is underway to determine the extent of domestic violence. We will also finalise the strategy on the engagement of men and boys in gender-based violence programmes. Also, central is the need to equip shelters for victims with resources to increase their coverage, especially in rural areas. It is my firm belief that we need to entrench the campaign on “No Violence Against Women and Children” in all our programmes and not in isolation. I thank all of you for your attendance, and wish you fruitful deliberations that will contribute to improving the lives of individuals and families. 7.6 DSD Vote of Thanks: Dr Maria Mabetoa, Deputy Director-General of Welfare Services, I would like to thank all the speakers of this session who have brought to our attention a number of important aspects and who have raised a number of necessary issues for our consideration and deliberation. The Executive Mayor of Ethekwini, Mr Obed Mlaba importantly made us aware that we need to look at what causes crime and gender violence and pointed out that we need to look at the role of the family and at values in the home in our examination of violence against women and children. Mr Mike Masutha emphasized the importance of collaboration at all levels of government and government departments and with other stakeholders, as the tendency is to ‘work in silos’. Government departments need to ensure that budgets and policies and legislation were integrated. Dr Jonathan Lucas highlighted the need to focus on the Victims Charter and its significance in the management of the programme for the vulnerable in South Africa. You reaffirmed your commitment to South Africa and in the building of capacity of NGO’s, among others, as well as creating awareness programmes. Further, violence is a global problem and what the UNODC is doing in South Africa is aligned to UNODC programmes in other countries. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 19 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Dr L Mqadi emphasized the need for integration and that victims often received minimal services and assistance that are not well resourced. The Deputy Minister highlighted that the conference is taking place in the context of the month of August - Women’s Month. She made the analogy to the women’s march in 1956, and to the position of women today who are fighting against a different type of oppression; the oppression of gender based violence. You have emphasized that we need to empower women and to look at the effect of HIV/AIDS on women. Further, that we also needed to look at the problem of drugs and human trafficking. The Deputy Minister has also made the point that often the services provided to victims are performed by NGO’s and that they remain under-resourced; and that we needed to help them. You emphasized the need for the prevention of violence and the need to implement existing policy frameworks. You have asked this conference to come up with strategies to address these issues and we hope to deliver such strategies and solutions. 8. SUMMARY OF PAPERS PRESENTED AFTER THE KEYNOTE ADDRESS PLENARY SESSION 8.1 Conference outline - Expectations, Objectives and Processes: Dr Juan Nel, VEP Task Team Member, UNISA This is the 3rd National VEP Conference, with the 1st such conference taking place in 1998 in Kimberley. Many will remember that the 2nd VEP Conference was held in 2005 here at the ICC in Durban. Although there was a National VEP Conference in 1996 in Midrand this was before the official programme started in 1998 after Ministerial approval. The idea for this conference came from the management team; its purpose is to serve as a vehicle for critical reflection on the work of the VEP over the last 10 years and thus to reflect on the progress, the achievements, the challenges and the limitations of the VEP. This conference should also re–new our passion and our energy and strength in our contribution to the victim empowerment sector. There were certain principles that informed the conference programme drafted by the task team. We wanted it to be a working conference with a balance between expert inputs and discussions, and we wanted the conference to be representative of the role players in the sector i.e. government and civil society which are often structured at the national, provincial and local levels. There are times that conferences can be very exclusionary and we also wanted to ensure the informal discussions and learn of the practical applications of people and organisations. We also wanted to cover all five themes that are integral to victim empowerment policy. The five themes are captured in the five commissions that will be held on the 2nd day of the conference: o o o o o Policy and Legislation. Management and Partnerships. Service Delivery and Programmes. Training and Capacity Building. Research, Monitoring and Evaluation. Regarding the structure of the programme, in the plenary of Day 1 the focus will be on the 1 st theme, namely the macro aspects and will form part of the backdrop against which the VEP has to do its work. The end of Day 1 is designed to look at the sector roles and responsibilities where Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 20 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference some of the sector players will be able to state their case in plenary and we can all engage in this process. Day 2 will focus on themes 2 – 5 and will be in the form of breakaway groups (commissions). There will be feedback from each commission to plenary so that everyone will be informed of the work of all the commissions. During Day 3 we hope to achieve three things: To give delegates the opportunity to network. To focus on the VEP forums and participate in important SWOT analyses. To link the outcomes of our work to those of the civil society conference in June 2008, and to thus develop appropriate conference resolutions. A last observation; most of the people at the conference have been sponsored. There were many persons that wanted to be part of this conference but could not be accommodated. So in some way we have a responsibility to make the most of this gathering in terms of what it is that you will do to contribute to this meeting. Also, I would like you to turn to the person next to you and introduce yourself and get clarity for yourselves as to what you want to obtain from being here and what it is that you want to contribute to the gathering. 8.2 Overview of the Criminal Justice System: Advocate Simon Jiyane, Deputy Director–General, Department of Justice and Constitutional Development I have been asked to address the conference regarding the role of parliament and law making. I have worked in civil society, for a firm of attorneys involved in human rights, and in the DSD legal section before becoming a politician. Thus I have a good overall background and a bird’s eye view. In parliament, when we process legislation, we need to strengthen the collaboration in the 3 spheres of government. The role of local government and the provision of social services has not been sufficiently institutionalized and formalized and I hope that this area will receive attention in the conference. Collaboration extends to the different line functions in government. Most of the laws that are the focus of this conference are examples of the need for the justice communities to collaborate; this principle also applies to social development. Recently the Portfolio Committee approved a bill against substance abuse and we requested departments to provide their implementation plans. We found that departments tend to confine themselves to their domain where in fact most areas of work need some kind of collaboration at the budgetary level, in policy development and in law making. Of course the other function of parliament is to hold government accountable and to exercise its oversight right over government. On a routine basis we invite the President and Ministers to brief the Committee on certain issues. Further, when we evaluate the effectiveness of policies the prime focus is: do the people benefit? I must continue to place the emphasis on the partnerships that need to be strengthened between civil society and government. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 21 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference South Africa is becoming a younger and younger nation compared to the more developed countries and therefore we need to invest more and more in our youth and address their needs and the underlying causes that create the problems. Furthermore, there are various types of vulnerabilities that women face; and these too need to be addressed as do other vulnerable groups such as the disabled, the elderly, and children. We must look at the needs of the vulnerable people in our programmes and demonstrate that we are a caring society. 8.3 Overview of the Victim Empowerment Programme (VEP): Ms Conny Nxumalo, Chief Director, Families and Social Crime Prevention, DSD The VEP is a programme under Pillar One of the National Crime Prevention Strategy (NCPS) of 1996 which was later replaced by the Justice Crime Prevention Strategy in 1999. The NCPS itself advocated a victim centred restorative justice system approach to crime prevention. The programme is based on strong partnerships with government, civil society organisations, volunteers, business, academics and research institutions. The VEP is an inter-sectoral and inter-departmental programme and the DSD is responsible for the coordination, managing, and facilitating development and implementation of victim empowerment policies, services and programmes. Importantly, the provinces also have provincial VEP forums that facilitate interaction of all relevant stakeholders in each province. The programme has 5 key objectives: Policy and legislation. Management objectives to establish and sustain effective VEP governance and management systems within government at all levels. Service delivery which aims to enhance the scope and quality of service to victims of crime and violence especially in rural areas. Facilitate training and capacity building of VEP service providers in government and the CSO sector. Research, monitoring and evaluation focusing on monitoring and evaluating the impact of VEP projects on victims and the development of a database of victim empowerment related research, norms, standards and practice guidelines. In terms of the achievement of the above and that which DSD and partner departments need to achieve - we are looking ten years hence. Regarding the last ten years, there is a report available that provides more information. The Victims Charter was approved in 2004 and is currently being implemented. Also important is the implementation of the Domestic Violence Act, 116 of 1998. We welcome the promulgation and implementation of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 32 of 2007, as we do the Policy Framework and Strategy for Shelters for Victims of Domestic Violence in South Africa. We have come up with minimum standards for service delivery in Victim Empowerment and we are busy with a strategy for the Engagement of Men and Boys in the Prevention of Gender-Based Violence. We also have four One-Stop-Centers for victims of crime and violence established in four provinces. This may appear too few but it should be noted that prior to this there were none. Other accomplishments were: Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 22 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference • • • The establishment of the Sexual Offences courts. Research was conducted in the VEP sector for evidence based planning and programming e.g. an impact analysis of the VEP projects, “From Policy to Practice”, as well as Victim Empowerment in South Africa and a National Survey on Domestic Violence, just to mention a few. Appointment of full time VEP coordinators in all nine provinces, something that had not been done before. More shelters for abused women have been established: from 39 in 2001 to 86 in 2008 and we also have the Thuthuzela Care Centres. The DSD film in DVD format will be able to provide more information. We also have guidelines for management of child abuse and a clinical forensic medicine policy has been developed. We have thus made good progress but the challenges remain that we need to deal and provide solutions. There is inadequate funding for CSOs working in the sector and inadequate facilities for victims of crime as well as the geographic spread of such facilities. Some NGO’s have closed due to lack of funding. We believe that with the partnership of the UNODC and the EU we can do more and we hope to be able to talk to National Treasury to obtain assistance to sustain that which we have achieved over the past few years. There is a delay in the finalisation of the VEP Policy and the re-deployment and transfer of staff in provinces. Further, there are gaps in the functioning of the VEP Forums at local levels as well as the functioning of Provincial Forums. Critically, there is the lack of marketing and communication strategies for the programme as we need to market what the programme does. Also we need to market our work so that the programme becomes well known to the victims and to potential victims. In conclusion, there is a specific budget to support CSOs and a number of senior project coordinators at Director level are presently in certain provinces and we believe that they will be able to make a difference in each province. Furthermore, a specific budget to fund NGO’s VEP initiatives has been set aside whilst plans to strengthen provincial and local VEP forums are in place. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 23 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 9. SUMMARY OF PAPERS PRESENTED IN THE THIRD SESSION. THEME : POLICY AND LEGISLATION 9.1 Introduction to the session theme: Policy and Legislation, Ms Vuyelwa Nhlapo, Deputy Director-General: DSD The previous presentations touched on some key areas including policy and legislative aspects. In this session the presenters will examine the various policies and legislation that are essential to services that are provided to victims of crime and of abuse. 9.2 Criminal Law (Sexual offences and related matters. Amendment Act 32/2007): Advocate Brandon Lawrence, NPA It is apt that this presentation was included in the programme and I would like to commence by taking a broad look at two parallel processes that started ten years ago: o o o o In 1998, the South African Law Reform Commission requested comments regarding the Sexual Offences Bill. Also in 1998 the VEP delegates called for the sector to provide such inputs for the Sexual Offences Bill. In 2004 the Bill went to parliament, while in the same year a resolution was taken at the VEP conference to lobby for the passing of the legislation. And in 2007 the Bill was enacted into law: The Criminal Law Sexual Offences and Related Matters Amendment Act 32 of 2007. You may ask yourselves: “Where am I heading with this?” The point is that you need to look at what you have done so far and you need to applaud yourselves for what you have accomplished. The preamble of Act 32 of 2007 says that women and children are particularly vulnerable, and are more likely to become victims of sexual offences, including the participation in adult prostitution and the sexual exploitation of children. Further, there are international obligations such as protocols on; trafficking and child prostitution, the rights to dignity and equality, and to be free from all forms of physical and psychological harm. This took almost five years to develop. The most important part of the legislation is that parliament did not leave out any important aspects. Also, the Bill of Rights in the Constitution of the Republic of South Africa,1996 incorporates the right to be free from all forms of violence from either public or private sources, and the rights of children and other vulnerable persons to have their best interests considered to be of paramount importance. Rape more broadly defined Previously rape was gender specific and only a female could be raped. Today it is gender neutral and any person who unlawfully and intentionally commits an act of sexual penetration with a complainant, without the consent of the complainant, is guilty of the offence of rape. Furthermore, forced oral sex is now classified as rape as is using an object to rape. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 24 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Indecent assault was defined in terms of the common law as the unlawful and intentional assault of an indecent nature. In terms of the Act, sexual assault occurs where a person unlawfully and intentionally sexually violates a complainant, without the consent of the complainant. Sexual violation is now specifically defined in section 1 of the Act and includes guidelines as to what acts are included: any act which causes direct or indirect contact between for example the genital organs or anus of one person or, in the case of a female, her breasts, and any part of the body of another person or any object. The Act includes aspects such as compelled rape where one person compels another to rape someone. It also includes ‘grooming’ where for instance, a father had groomed his children over 6 years to become used to the idea that they would accept rape. This is an extremely difficult aspect to prove. Child pornography is also included and so is using children or persons with mental disabilities for sexual exploitation. The National Register for Sex Offenders A National Register for Sex Offenders has been established to regulate those that wish to work with children and the disabled among others. The objectives of the Register are to protect children and persons who are mentally disabled against sexual offenders by establishing and maintaining a record of persons who have been convicted of a sexual offence against a child or a person who is mentally disabled. Thus a person, whose particulars have been included in the Register, may not for example: o o o Be employed to work with children or mentally disabled persons in any circumstances, Hold any position, related to his or her employment, which places him or her in any position of authority, supervision or care of a child or mentally disabled person, Be granted a licence to operate any entity, business concern or trade in relation to the supervision over or care of a child or mentally disabled person. The national policy framework The national policy framework regulating all matters in the Act includes: The manner in which sexual offences and related matters must be dealt with uniformly in a coordinated and sensitive manner, by all Government departments and institutions. This links up to the discussion so far at this conference regarding improved integration and collaboration between government and CSOs. It is important to note that the Department of Justice obtained the help of several CSOs to assist with this aspect. The issuing of national instructions and directives to be followed by the law enforcement agencies, the National Prosecuting Authority and health care practitioners to guide the implementation, enforcement and administration of the Act in order to achieve the objects of the Act. The establishment of an Inter-sectoral committee to be known as the Inter-Sectoral Committee for the Management of Sexual Offence Matters. This has forced government, for the very first time, to develop training programmes. Human trafficking Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 25 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference One of the greatest strides taken in this area is the bill before parliament on human trafficking. There is an interim provision relating to the trafficking in persons for sexual purposes; section 71 prohibits trafficking in persons for sexual purposes. These provisions are enacted pending the adoption of specific legislation (Trafficking in Persons Bill) in compliance with the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Supplementing the United Nations Convention Against Trans-National Organized Crime (signed on 14 December 2000) in order to comply with our international obligations and to deal with this rapidly growing global phenomenon. HIV testing A very important and controversial aspect of the Act is the HIV testing of offenders, and as some persons contend, it may be unconstitutional. Provisions made include: The compulsory testing of offenders on application by the victim The provision of Post Exposure Prophylaxis Establishment of Health Care nodal points for PEP services Medical practitioners MUST inform the victim of the importance of obtaining Post Exposure Prophylaxis (PEP) within 72 hours The need to obtain medical advice for other STD’s and other services Services in terms of subsection 1 Medical practitioners MUST explain that the victim has the right to bring an application in terms of section 30 It is clear that the Act has gone a very long way in clarifying issues of sexual offences. Challenges One of the aspects that up until now I have said nothing about are the challenges. If we take into account what some of the speakers have so far noted, the challenge lies in applying the legislation, i.e. the implementation. It is one of the greatest challenges that we face at the moment. 9.3 Implementation of the Children’s Act: Dr Maria Mabetoa, Deputy Director-General, Welfare Services Transformation, DSD The Children’s Act is of critical importance for the protection of children. The purpose of the presentation is to brief you on the Children’s Act (38 of 2005) and, as amended, the Children’s Amendment Act (41 of 2007), focusing on the overview of the Act, other related processes and to highlight certain sections in the Children’s Act particularly child protection issues. A brief overview is that the Children’s Act (38 of 2005) was approved and signed by the President on 08 June 2006. The Children’s Amendment Act (41 of 2007) was signed by the President on 18 March 2008, which now included the aspects pertaining to the provinces. The regulations pertaining to the Act have been published for public comment. We are presently looking at these inputs and hope to finalise the regulations by the end of September. We hope that by the end of October we can put legislation into operation nationally and in the provinces. We are Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 26 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference also busy with the training guidelines for social workers and related professionals. Further, norms, standards and practice guidelines are being developed. Unfortunately with this legislation we did not have a policy when we developed it, thus we are now working on this. The development of a National Policy Framework for the implementation of the Children’s ActProject is underway. Monitoring and evaluation indicators for the Children’s Act are being developed as well as a communication strategy that will target conferences, radio programmes and newspaper adverts. Fortunately we have donor support in these endeavours. The costing of the Children’s Act was done in 2006 and the revelation was that the legislation needs a lot of social workers and child welfare workers among others, and also has implications for magistrates. We are in the process of finalizing the recruitment of personnel for DSD. The Children’s Act promotes the preservation and strengthening of families and importantly gives effect to the constitutional rights of children. It ensures that the best interests of a child are of paramount importance in every matter concerning the child and it sets out parental rights. It also gives effect to the Republic’s obligations concerning international instruments binding on the Republic. The Act makes provision for structures, services and the means for promoting and monitoring the sound physical, psychological, intellectual, emotional and social development of children. Further it protects children from discrimination, exploitation and any other physical, emotional or moral harm and provides care and protection to children who are in need of care and protection; and recognizes the special needs that children with disabilities and chronic illnesses may have. Section 4 deals with inter-sectoral collaboration and the Victims Charter and the Act says that it must be integrated. Inter-sectoral collaboration implies that we also have to work with CSOs. Child Participation is important and decisions must be made with the children so that services will be provided. Section 10 provides that every child that is of such an age, maturity and stage of development has to participate in any matter concerning him or her, and has the right to participate in an appropriate way, and views expressed by the child must be given due consideration. Regarding social, cultural and religious practices, section12 prohibits the following social, cultural and religious practices: Forced marriages The practice of giving out children below the minimum age in marriage or engagement Genital mutilation or circumcision of a female child Virginity testing for girls under the age of 16 Circumcision of boys under the age of 16 unless if it is performed for medical or religious purposes. The child’s access to court is dealt with in section14. Every child has the right to bring, and to be assisted in bringing a matter to court, provided that the matter falls within the jurisdiction of that court. Furthermore, persons who may approach the court if the child’s rights has been infringed or threatened is dealt with in section 15: Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 27 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference o o o o A child who is affected or involved in the matter adjudicated Anyone acting in the best interest of the child Anyone acting in the interest of a group or class of persons Anyone acting in the public interest. Section 17 deals with the age of majority which has been lowered from 21 to 18 years to bring it in line with the Constitution, with International Conventions and with local legislation. This means that children who do not have parents or guardians would be in a position to act independently and make certain decisions without assistance. Hence such a major may administer and safeguard property and property interests and enter into administrative, contractual and other legal matters. Also give or refuse any consent required by law including consent to marriage, departure from the Republic, application for a passport and consent to the alienation or encumbrance of any immovable property. This provision is very important to safeguard children estates. Regarding parental rights and responsibilities; the main responsibilities links to the VEP in terms of prevention. It includes the rights and responsibilities of unmarried fathers who have to comply with certain conditions to be recognized as such, e.g. support the mother and the children. The Act also makes provision for agreements to be signed by partners regarding the children. Parental rights and responsibilities include the right and the responsibility to: Care for the child Maintain contact with the child Act as a guardian of the child Contribute to the maintenance of the child A guardian may give or refuse any consent required by law in respect of the child, including: Consent to the child’s marriage. Consent to the child’s adoption. Consent to the child’s departure or removal from the Republic. The child’s application for a passport. Consent to the alienation or encumbrance of any movable property. An important provision is that a child may have more than one guardian. The Act provides for Children’s courts under the following sections: Section 45(1) pertains to matters that a children’s court may adjudicate and cuts across all the 22 chapters of the Act. Section 46 covers orders that can be made by the children’s court, which include amongst others, a child protection order, an alternative care order, a contribution order, or a shared care order. Section 65 determines that a children’s court may monitor compliance made by it in a matter or the circumstances of a child following an order made by it. An important aspect is the representation of children in court and the assistance of the legal aid board in such matters where it is required. It also includes pre-hearing aspects and includes of the family. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 28 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference The Act makes provision for partial care; which is a place where children are taken care of for specific hours. They are ECD facilities and the process of developing norms and standards has already been completed. Such facilities have to be registered. Another important aspect is the mandatory reporting by persons and officials that work with abused children and neglected children. Regarding the children’s register – all people that work with children need to be on the register. Those that are found guilty of abuse will not be able to work with children. Section 150(1) states that a child is in need of care and protection if, the child: has been abandoned or orphaned and is without visible means of support; displays behaviour which cannot be controlled by the parent or care- giver; lives or works on the streets or begs for a living; is addicted to a dependence-producing substance and is without any support to obtain treatment for such dependency; has been exploited or lives in circumstances that expose the child to exploitation; lives in or is exposed to circumstances which may seriously harm that child’s physical, mental or social well being; Children in need of care and protection o o o may be at risk if returned to the custody of the parent, guardian or care-giver of the child as there is reason to believe that the child will live in or be exposed to circumstances which may seriously harm the physical, mental or social well-being of the child; is in a state of physical or mental neglect; or is being maltreated, abused, deliberately neglected or degraded. In section 150(2) a child found in the following circumstances may be a child in need of care and protection and must be referred for investigation by a designated social worker: A child who is a victim of child labour; and A child in a child headed household. Section 152 stipulates that a designated social worker or a police official can remove a child and place the child in temporary safe care without a court order if there are reasonable grounds for believing that the child’s life is in danger. National Child Protection Register In part (A) the Act makes provision for keeping a register of all reports of abuse or deliberate neglect of a child, all convictions of all persons on charges involving the abuse of a child and all findings of a children’s court that a child is in need; Part (B) of the Act makes provision for keeping register of persons who are unsuitable to work with children; the information in the register would be used to protect children in general against abuse from such persons. Access to contraceptives Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 29 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference The Act protects children from contracting sexually transmitted diseases or unwanted pregnancies by giving the child over 12 years access to: Condoms from a facility that sells or provide them for free; Other forms of contraceptives without the consent of a parent or a care-giver provided the child is properly examined and given proper counselling. Legislation affirms the need for counselling. Adoptions o o o Protective measures around adoption are provided through matching adoptable children with prospective adoptive parents through a register for adoptable children and prospective adoptive parents (RACAP) Extending adoption to poor families as they have an option of applying for social assistance where applicable. Inter-country adoption should only be considered when there are no prospective adoptive parents locally. (s272) The Central Authority may disclose to a person above 18 years, who as a child was adopted, any information in the records concerning that person’s origin. •The Act prescribes that when an application for guardianship is made by a non-South African citizen, the application must be regarded as an inter-country adoption. Child trafficking Trafficking means the recruitment, transportation, harboring, or receipt of a child for the purposes of exploitation; No person may traffic a child or allow a child to be trafficked; It is no defence that a child or a person having control over the child has consented to the intended exploitation. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 30 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 10. SUMMARY OF PAPERS PRESENTED IN THE FOURTH SESSION. THEME : SECTOR SPECIFIC RESPONSIBILITIES 10.1 Introduction to the Sector Specific Responsibilities: Ms Nomfundo Mogapi, VEP Management Team, DSD Over the last few years there have been shifts regarding the policy and legislative framework that have assisted those of us who are involved in the sector. We are presently facing many challenges and for the next ten years I feel that the major challenge is: implementation, implementation and implementation! The Deputy Minister said this morning that we should not attempt to develop new policies but must implement those we already have. How do we take policies and ensure that they are practical and apply them where it really matters in terms of service delivery. How do we really change the system and implement policies to make a difference. The objective of this session is to look at transforming policy into practice. I hope that this session will create a dialogue as to how best to work with victims and to get a better and clearer idea of the responsibilities of the different actors in the sector. We need to understand what the principles are that guide the work that we do and look at the inter-sectoral collaboration. We want to make this process as participatory as possible. Hence we thought of doing a typical scenario where we will ask each of the different service providers in the sector how they will respond to such a client (victim). 10.2 Panel Discussion – Empowering Victims: A case study involving a panel of stakeholders that review their roles and responsibilities in assisting a client (victim) who has been assaulted by her husband. The panel members: Ms Tsholo Moloi (DSD), Ms Spino Fante (Department of Education), Mr Joel Mokonoto (Department of Health), Ms Jeanette Mokoena (Department of Correctional Services), Ms Gladys Mangwani (SAPS), Adv Bonolo Madiba (Department of Justice and Constitutional Development), Adv Brandon Lawrence, (NPA), and Karen Tewson (NPA). Facilitator: Ms Nomfundo Mogapi Scenario: The client is ‘Many” and she is in her early thirties and she has two children aged 9 (a boy) and 7 ( a girl) and she is also eight months pregnant. She has run away from her husband who has beaten her severely; she has bruised arms and eyes and she is in an emotional state and is too scared to go home as she fears that her husband will hurt her and her unborn child. According to her this has happened several times in the past five years. He would get angry with her if she came late from work. He has in the past beaten her so badly that she ran to her family in North West. Her family insisted that she reports him to the police. She did that and got the first protection order. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 31 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Now, it is the middle of the night and she goes to the police station. Facilitator: How will SAPS provide assistance? SAPS response: o o o o o o There are communities service centres (CSC) at the police stations where such victims are received. We will note the victim’s bruising and that she has her children with her. SAPS is not responsible for counselling but will treat the victim with respect and dignity. We will take the victim to a victim friendly facility where there are NGO’s or volunteers who can counsel her. SAPS will look to referring her to the Department of Health / hospital if her injuries warrant it. SAPS will rely on the DSD regarding her children. Facilitator: How does SAPS take information from an emotional woman? o If there is no NGO, SAPS must try to calm her down. Facilitator: How will the Department of Health provide services? Besides her injuries she is pregnant and she is struggling to sleep, a problem that she has had for the past few months she tells you. What will you do? Department of Health response: o o o o o o o The service will be given to her at a victim support centre and will be given by a nurse or a doctor. We will render medical and forensic services (medico-legal) and we will contain the trauma. We will offer the information that the department of health offers and obtain information from her and will manage the client based on this exchange of information. Will manage the client based on her needs and based on the Victims’ Charter. We will document our findings, both clinical and legal, the former we keep and the latter is provided to the SAPS with the client’s consent. We will provide the J88 forms. Will also refer the client for after-care services and as she is pregnant we will refer her to an ante-natal unit or to DSD. And then we will also refer her to the external stakeholders. Facilitator: How will the DSD work with the client? She does not have work (she lost it a few months ago due to her absence from work which was linked to her pregnancy). Her husband is the major bread winner and her family is in the North West Province (NW) and she has no place to go to. She has been seen by SAPS and by Department of Health. DSD response: When she comes to DSD she should have a referral letter as well as a case number and a medical report regarding the extent of her injuries and if any medication is needed. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 32 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference We will attempt to obtain further information regarding where she lived and what and how she lost her work. We also need to look at the situation of the children. The 9 year old and the 7 year old must be at school. We must establish whether there is any family support system that exists before we can put her in a shelter; the shelter is the last step. She would have to agree to go to a shelter in any event. We also assess her educational and other personal background and what her goals and needs are. Thereafter we assess how DSD can help with a care plan and the needs of children. An important aspect is that the children must go to school. DSD will attempt to establish which school they had attended and then we will have to place them immediately in a school so that their education is not interrupted. Also she needs to go to the ante-natal clinic and DSD can refer her to one that is closest, but only if she wants to go there. Regarding the shelter, we will have to determine what her needs are as there are medium term and long term shelters. We must communicate with her family in the NW if she goes to the shelter. From the beginning we need to take a holistic approach and to communicate in a holistic manner. Further if she wants to be near her family we must find out if there is a service/s in that area to provide for her needs. Also, the husband also needs assistance with his behaviour as this is part of the restorative justice approach; he needs to obtain insight into his behaviour. All role players must be involved at the very beginning and it is often the client that provides such information. Facilitator: Who do you work with from this point on? DSD response We will deal with the ante–natal clinic and will give a letter in this regard. Other stakeholders will be the Department of Justice if she requires a protection order and if she wants to make a case against her husband. Facilitator: How will the Department of Justice provide assistance? Now she is really scared of the husband and her other concern is that the husband is the breadwinner and assistance is needed for the children. Department of Justice response: When she arrives at the court she is required to go the Clerk of the Court that deals with domestic violence. The Domestic Violence Act of 1998 has the intention to ameliorate the relations between husband and wife and also other family members. The clerk of domestic violence will give advice and will see if her case falls under the purview of the Act. There are different types of domestic violence: e.g. physical and emotional abuse and financial abuse etc. If it resorts under the Act, the necessary forms are completed and the perpetrator will be subpoenaed to appear before a magistrate. The husband must give reasons why the order should not be made permanent. The magistrate will look at both sides of the story and based on the evidence the magistrate will decide where the guilt lies. If he rules against the husband he can make out a protection order which is coupled with instructions that the husband must comply with in the future. Depending also on the extent of the violence we may not be able to send the victim back home as the violence may be repeated. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 33 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Facilitator: How does the Department of Justice implement these aspects, taking into consideration the anxieties she has about her husband who may ignore the protection order and also may not continue to support her and/or the children? Also which other stakeholders will you work with? Department of Justice response: What is important is that the client must give us the relevant information so that we can make a proper assessment and provide the correct advice. We have a maintenance section that deals with this. Furthermore, we establish whether there has been a breach of the court order as this is considered to be in contempt of court and any police station must then affect an arrest. We will work with others such as DSD regarding some of the emotional aspects and with the NPA. Facilitator: Now the client comes to the NPA – what will you do for this person? She will go ahead with the process and she is very scared of the husband and the husband’s family has made threats against her. How the NPA will assist the client? NPA’s response: The client should have come to us before going to the Department of Justice and certainly before the client went before the magistrate. In this way the NPA can assist her with her court preparation. In the normal course of events regarding herself and her two children and the fact that she is pregnant and that her husband is perhaps going to jail, we would immediately want the referral from the SAPS. The moment the charges are laid against her husband she needs protection as well as a referral to obtain support through the criminal justice system, be it via the NPA or an NGO; but it must be done as early as possible. Thereafter when the docket is opened and it goes to court, then the court preparation is required. In short, once we have the information we contact the client and we explain our role and our functions and we contact the investigating officer. The client needs to come in and we will help her prepare for court etc. In essence we give support and aim to address her fears and to empower her so that she understands the various roles and also to prepare her for cross- examination. After that she will be referred for further assistance to an NGO and to correctional services if the husband is convicted. Facilitator: How will the Department of Correctional Services assist and which other stakeholders would the Department work with? Also, the husband now says that he wants to continue his relations with his children and that he really is sorry for what he has done. Department of Correctional Services response: o o In this scenario the husband is already in custody and part of our responsibility is to guide him through the rehabilitation process. The Department has since moved away from a punitive system to a more restorative and rehabilitative system. Hence we commence the rehabilitation process based on the offence that he has committed. We have specific programmes and we use many stakeholders such as our social workers. If the offender needs further intervention then he is further referred. If it is serious we can refer him to outside service providers or to other NGO’s. While he is incarcerated we have adopted a restorative justice approach to help both the victim and the offender. An aspect for consideration is how conducive is the environment for the return of the offender. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 34 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference o o o We check that the offender is truthful if he states that he regrets what has done; notwithstanding we still take him through the rehabilitation process. It is also the right of the victim to be involved is she so wishes. The stakeholder/s are informed so that they can include this in the mediation process and rehabilitation process. In terms of the sentences and how severe these are the key stakeholders are the NGO’s. When we receive the offender we also do a family checkup and can use this information in any invention. Facilitator: How will the Department of Education provide services in this scenario? Further, the mother has become concerned as the youngest boy who did well at school is now not doing well and is becoming increasingly withdrawn. What will you do and who will you work with? Department of Education response: Ideally, in the education sector, if a learner is out of school for more than three consecutive days the school must take this further to ensure that the learner returns, or to establish what has caused his/her absence. Education is compulsory from the age of 7 years to 15 years of age. There are support mechanisms in place and no school can refuse a child if the mother was forced to move. The mother can gain access to any school that is near to her. If she still prefers the school that her child went to and if feeder transport is available this can be done. Sometimes when parents fight, the children are the bone of contention and children are sometimes abducted at school. Therefore when people visit the school they must complete the school register. In terms of the problems that the child is going through, we have a white paper on inclusive education which focuses on barriers to education and requires that the child receives support at the school. If this child has scholastic problems as well as emotional problems, the child must be supported in the school by an educator. In addition there should be sharing of information by the parents and the educators alike. Regarding the scholastic problem there would have to be a determination of the areas in which a learner is struggling as there could be a number of things that could serve as a barrier. Furthermore, when parents physically fight, the children can be harmed. If a child is harmed we need to refer the child to the Department of Health. In more serious cases we need to approach Lifeline or other NGO’s for assistance. Facilitator: Thank you very much to the panel for their participation. This exercise highlights the fact that none of the Departments could do the work alone and therefore crucially they need to collaborate and to coordinate to achieve the service levels their roles and responsibilities call for. 10.3. Panel: Round Table Discussion 10.3.1 Points and clarity and observations: I was disappointed and concerned by the fact that the challenges that are ordinarily faced were not addressed. What we heard from the panel were actions under optimal circumstances. The first reference to criminal charges came from the NPA, neither SAPS nor did the Department of Justice raise this issue. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 35 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Counselling and social services and therapeutic services were not presented as integral to state services provided. This case study has managed to show us where we are in terms of service delivery, yet the question is: whether the people on the panel are at management level or at the operational level? If the panel members are at the management level we still have a long way to go. I also feel that the maintenance aspect of the children is not properly addressed because if the holistic approach is followed then such support would be forthcoming. I want to take this opportunity to thank the panel for its contribution. But I want to add that the Justice family should ensure that the husband of M will be prosecuted and in addition that they will apply for a protection order. Regarding the issue of financial assistance, the Act is very innovative as one can apply for interim monetary relief and this appears not to be used properly in practice. In short, one is able to go to court to apply for such interim monetary relief. Health care workers often encounter obstacles in their work as important paper work has not been done by a referring department; this is to the detriment of the victim. The DSD knows its role but they become involved too late, the same applies to the NPA and to the Department of Justice as well. If everyone was ‘hands on’ regarding victim empowerment we would not have a situation of problems with victims, we would have a problem with survivors. If everyone could do as the panel says we would not have a problem. Looking at the Victims Charter, the victim has the right to give and receive information. This is not always done and we as NGO’s often have the problem of the case number not being provided to the victim and thus the NGO’s cannot follow the case. There is no standard form and one should be developed. 10.3.2 Response by the panel: The panel is composed of middle management officials and we can influence the process but cannot demand. There are a number of challenges that we face, ranging from the lack of transport, the lack of therapy, and the apathy by some role players and stakeholders, as well as court delays. It is important for participants in victim empowerment forums to get to know the other stakeholders to improve collaboration and coordination. Regarding the question concerning not being able to provide services for every victim; yes this is the case because is difficult to treat the diverse victims of crime. Further, we need a strategy to promote the involvement of victims in mediation and involvement in parole boards. The case number is a key aspect as the doctor cannot see the victim without such a case number. There are processes that are involved when a victim comes to the CSC: the statement is taken, a docket is opened, and the case is allocated to an investigating officer. Regarding the termination of pregnancy, the client is given information regarding pregnancy termination and she has a choice regarding this. Note that in the case study she is 8 months pregnant and therefore does not have such a choice for termination. Legislation has been passed and the Department of Health is in the process of implementing an upgraded system. We are now in the process of identifying the facilities that will provide these services. In addition, this is beginning to be done in all the provinces, the rendering of the services we are talking currently speaking of. Further, training is taking place throughout the country so that personnel will be able to staff such facilities. Regarding what we are doing about the challenge in the victim empowerment sector; the Department of Social Development has identified the challenges and thus we had a consultative Summit in June 2008 where we focused on challenges in the sector and where we realized that we Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 36 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference cannot work in silos anymore. We need to address challenges together and amicably and do not need to wait for such functions such as conferences to address these issues. My response deals with the statement that there is no effective and speedy assistance to victims. With the launch of the Victims Charter in 2004 the Department of Justice became the lead department. We have recently implemented provincial plans together with relevant booklets. Such plans were customized for each province. The plans call for an integrated approach and the front line staff has been informed of what is expected of them. These are minimum standards which are in line with the Victims Charter and these have been included in the performance agreements of the staff. We also collaborate with our sister departments and we educate our members and the general public as to what is expected and what people’s rights are. Further points of clarity and observations: Against the background of the VEP 10th anniversary I would like to thank Nomfundo for doing the case study because it demonstrates the gaps in the system. What we need to see is: work and more work. We are presented with the victims who need these services to be rendered and the stakeholders of the sector should be able to provide these. A list of shelters and safe houses should be in the possession of all stakeholders as well as a list of those who provide counselling in one’s vicinity. Regarding the forums at the national level; it is important that these also be created at the district level. The Domestic Violence Act needs to be reviewed as this has not happened over many years. With regard to the case study; we need to be reminded how things can go very wrong for women that arrive at SAPS offices after being beaten up. In fact how things can go very wrong at any office where a breach of policy occurs. We need to speak of state accountability, rights and recourse and of state accountability. How do we hold the state accountable to policies that are in place? Furthermore, how are all stakeholders held accountable? What role does the VEP structure play, and what are the processes of accountability? Facilitator: Thank to all who participated and for your comments and suggestions. In looking at tomorrow’s commissions, please keep in mind this case study as you discuss and analyse the position of the client (the victim). The policies and frameworks are in place but we need to think of the gaps in implementation and where things are not working, and we need to be honest about these issues. A comment around the issue of managerial and operational approaches; the challenge is to translate the knowledge from the national level to the local level. Also, the people at the local level need to know how their work integrates with policy. Of further importance is the whole issue of funding. The partnership has shifted and government has taken leadership. Yet civil society organisations are struggling to re–establish their positions and relationships with government. Relevant here is; how does government show that it values the work done by civil society organisations and how do we strengthen the partnership? A last comment is that one of the key challenges is to develop a better team. The various actors and stakeholders have good policies. However it is about transforming the VEP at the provincial and local levels where you have local clinics and local police stations that need to collaborate better, while policy sometimes needs to be made more practical. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 37 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference DAY TWO – COMMISSION WORK AND FEEDBACK TO PLENARY 11. Summary of the Commissions held in the Fifth Session 11.1 The Summary of the Day 1: Ms Sharon Kouta, DSD Western Cape The Programme Director, Ms Vuyela Nhlapo, the Deputy Director-General welcomed everyone present at this auspices 10th Anniversary of the Victim Empowerment Programme. A special word of welcome was extended to Dr Jean Swanson-Jacobs, Deputy Minister of Social Development and the other distinguished guests. The Executive Mayor of the Ethekwini Metro, Mr Obed Mlaba welcomed delegates to the city of Durban where the sun never sets and referred to the objectives of the conference being the review of victim empowerment initiatives as set out ten years ago. He asked the following questions: What are the causes of crime in our country? What could we have done better so as not to repeat the same mistakes of other new democracies? What can we do to have a fully integrated society where all live in harmony and victims become something of the past? Did we use the TRC to its full potential? He highlighted the role of the family and home – and the need to restore moral values. He suggested that the conference should examine aspects that are related to these questions as some lie at the foundation of some of the problems that beset South Africa. The second presentation was by the Chairperson of the Portfolio Committee, Mr Mike Masutha who spoke about the role of parliament with respect to legislation and oversight. The role of Parliament is to hold departments accountable and focus on government holistically. This also allows departments to communicate the work that they are doing. Mr Masutha also noted that the conference needs to address the underlying causes of crime in its deliberations and in addition to violence against women and children should look at programmes with regard to youth development. Dr Jonathan Lucas, Regional Representative, UN Office on Drugs and Crime, Regional Office for Southern Africa, in his message of support applauded the Government of South Africa and other stakeholders for the adoption of the Service Charter for Victims of Crime in South Africa and the Minimum Standards on Services for Victims of Crime, and the efforts for their implementation. He mentioned that he is confident that with the commitment and dedication of all role players in the criminal justice process, the Victims Charter will assist in the implementation of the applicable laws in such a way that it serves its purpose – “making justice a reality for all”. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 38 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference The partnership between the national, provincial and local government departments and civil society organisations, including volunteers, business sector, religious leaders, and institutions of higher learning and research institutions must all be strengthened. Dr Lucas highlighted some of the key programmes that the UNODC have embarked on in partnership with the South African Government and some of the Departments. He also referred to the Victim Empowerment Programme that was launched during March 2008 to strengthen Victim Empowerment. It is a programme funded by the EU and is a Partnership Agreement between the Department Social Development and the UNODC. He paid tribute to the efforts of Government and Civil Society in the Victim Empowerment Programme over the last 10 years. He also referred to a very successful Summit held in June 2008 where CSOs and Government had the opportunity to have very fruitful deliberations. Dr Mqadi the Acting Head of Department presented the welcome address on behalf of the MEC for Social Development, Mr B M Radebe. He stressed integration, prevention, and early intervention and challenged the conference as to how many people really have access to services and received adequate intervention. In the keynote address by the Deputy Minister of Social Development, Dr Jean Swanson-Jacobs referred to the significance of having the 10th Anniversary of the VEP during Women’s Month. The 10th Anniversary of the VEP is characterized by an evaluation of successes and challenges, while the focus should be on a victim-centered approach to crime prevention. Some of the challenges we are faced with are: 1. 2. 3. 4. 5. 6. 7. 8. 9. Poverty. Substance abuse. Drug trafficking. HIV/AIDS. Inadequate provision of shelters. Sustainability and capacity building and the mentoring of community based organisations. Under-funding of victim empowerment services. The need to strengthen programmes with respect to prevention. Focus on programmes for Men and Boys. She also encouraged VEP Managers to focus on practical implementation strategies. In the vote of thanks, Dr Mabetoa noted the following: Need to look at the causes of crime. Need to focus on the role of the family. Ensure that budgets and policies are integrated. We need to re-affirm our commitment in various ways. We can do it in terms of capacity building, awareness campaigns, and the strengthening of community based organizations. The expectations, objectives and processes were addressed by Dr Juan Nel. Dr Nel took the delegates through the different themes for the Conference which are: Policy / Legislation Management and partnerships Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 39 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Service Delivery and Programmes Training and Capacity Building Research, Monitoring and Evaluation He reminded all delegates that we have a responsibility as sponsored delegates to fully participate in all deliberations. Advocate Simon Jiyane, Chairperson of the Integrated Justice System Development Committee provided an overview of the Criminal Justice System Plan of Action. He acknowledged the shortcomings in the way the system operates in that victims are not always central. However there are plans to improve the situation and structures have been established in all provinces. Recommendations: We need to examine the VEP projects in all clusters. Enhance the VEP projects with a human rights lens or framework. An audit and analyses of programmes is needed. Need to develop a benchmark of success indicators. Review of the Criminal Justice System. The overview of the Victim Empowerment Programme was given by Ms Conny Nxumalo Chief Director, Families and Social Crime Prevention DSD. She provided an overview of the VEP since it’s inception and on the progress made with implementation as well as the challenges facing the VEP. She renewed the emphasis on integration. Some of the challenges highlighted: 1. 2. 3. 4. 5. 6. Inadequate funding of CSOs. Delays in the finalization of the VEP policy. Re-deployment and transfer of staff/skills in provinces. Lack of VEP at the local level and functioning of Provincial Forums. Lack of marketing and communication strategies for the programme. Impact of 16 Day’s of Activism. She also provided us with a number of achievements, one of them being the increase in the number of Shelters. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 40 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 11.2 Commission 1: Theme 2: Management and Partnership 11.2.1 Presentation 1: Ikaya Lethemba One-Stop Centre (OSC), Ms Allison Wainwright The nature and value of One Stop Services (OSC) in victim empowerment from a stakeholder’s point of view is determined by a number of factors. The provision of inter-disciplinary and intersectoral services to the victim in “one basket” improves access and information for victims, especially in cases of follow up or referrals. This reduces the chances of victims “falling through the cracks”. OSC therefore offers the advantage of: Seamless victim services. Integrated case management. Higher client satisfaction. Cost saving on a larger level Better value for money – as the client is ultimately better assisted and repeat requests for services are reduced. Better criminal justice outcomes are more attainable. The location of the OSC The better location of the OSC is primarily at the points of entry for the victim into the victim care system. These entry points include: Health care sites (including clinics and hospitals) Police stations. Social work services offices. Criminal justice structures, such as courts. However in reality, one stop services are located in two primary sites: Health services which are the most accessed and are often close to the “grassroots” Police services where victims report crime. However these are primarily concerned with perpetrator management and therefore not user-friendly/conducive for victims. There is a need for special victim reception. OSC Residential category The offerings: Residential and practical care with (in most cases) non professional support and counselling. Professional counselling and integrated case management, together with group work of victims and professionals. Linkage to outside service providers. Extended Tertiary services / skills development / Criminal Justice System support / ECD. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 41 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference The Range of Clients/Services Persons with mental and physical disability (physical care, physical accessibility, mental and intellectual capacity, strain on human resources) Undocumented persons (heightened vulnerability, legality, impact on funding, no services from other partners) Teenage mothers (place of safety versus shelter, education versus child care, children’s services versus adult services) Substance abusers (danger to self and others, difficulties in referring to outside agencies, lack of in house treatment centres.) Male victims (victim versus gender bias of perpetrator, lack of space in shelters) Psychiatrically ill (danger to self and others, management of medication, lack of placement for psychiatrically ill) OSC Challenges The challenges are divided into three main areas: Strategic challenges: Therapeutic models (professional vs. non professional, compulsory vs. voluntary, length of therapy, aftercare). Management skills Multi-disciplinary, multi professional, multi agency integration (SLA’s, integrated management system Strategic planning is the golden thread across most providers Development of common vision and priorities Lack of leadership Operational challenges relate to the perennial issues; costs, coordination, integration of different services to offer a basket of services, and the user friendly referral network and information sharing. Managerial challenges Occupational health and safety Corporate governance (NPO / Section 21 / Board make up ) Policies in house (intake, admission criteria, human resources, financial policies, OHS, therapeutic policies) Asset management Funding strategy or financial sustainability plan Impact assessment (effectiveness and efficiency) Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 42 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 11.2.2 Presentation 2: The Serobe Trauma Centre, Ms Stephanie Pretorius, Director The historical background to the centre is that it originated from the vision of the Faith Based Organisation (St John’s Presbyterian Church, Bloemfontein under the auspices of Eleos Mercy Ministries Trust). The church worked in partnership with major stakeholders in the field of domestic violence and victim empowerment and subsequently obtained suitable and appropriate accommodation acquired at Setshabelo Centre, Bloemfontein (it was formerly a prison). This was renovated and refurbished with financial support from the public sector, and from the corporate / business sector. Key services provided include: • • • • • • • • • • • • Provision of safe emergency, overnight and residential accommodation and services. Practice sound administration and management. Continuous staff development. Raising community awareness and education. Participation in restorative justice exercises. Provide professional services (social work, psychology, medical, dental, nursing and legal). Provision of therapeutic counselling and emotional support. Follow-up and support services. Life and social skills training. Educational and recreational facilities and opportunities for care-dependant children. Economic empowerment and capacity building. HIV/AIDS Programme. The center has a programme of monitoring and evaluation which encompasses: • • • Qualitative assessment in respect of all measurable outcomes, viz. individual, group and project objectives / outcomes, Case, organisational and financial audits, Regular meetings / panel discussions with: appropriate government departments, significant stakeholders and / or sub-committees, Final analysis of the quality of service delivery is assessed in terms of the successful placement of women and their children and level of client satisfaction. 11.2.3 Presentation 3: Intermediary Services for Child Witnesses Testifying in Criminal Court Proceedings, Mr Gert Jonker, The Bethany House Trust Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 43 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference The reasons for intermediary services are: To protect the child witness from “undue mental stress” However, according to Section 170A of Act 51 of 1977 as revised (Criminal Procedure Act) intermediary services are not an automatic procedure. Only on application by the prosecution: Intermediary services may be made available to children under the age of 18. Intermediary services such as a pre-trial assessment to determine whether testimony in open court will expose the child to undue mental stress will be undertaken. However, the court may appoint a competent person as an intermediary. An intermediary services pilot project commenced in April 2003 at the Bethany House, together with DSD and the Department of Justice; this is a unique Public-Private partnership. The primary goal is to ensure sustained, professional intermediary services for child witnesses. In addition to intermediary services, a unique case management database application was developed for the scheduling and tracking of cases. Such data derived can be utilised in welfare, policing, judicial planning and budgeting. A summary of the availability of intermediary services involvement to date includes: 6 Magisterial Areas 9 Police Areas 1 496 Criminal Cases 1 491Criminal Charges 1 993 Child Witnesses 1 675 Perpetrators The challenges however number among the following: The use of the services is at the discretion of Judges or Magistrates as established in the decisions of the Pretoria High Court ruling 2008 or the Constitutional Court. The language used in court. Low level of usage of intermediaries by prosecution. Multiple postponements are a formidable obstacle to clients. Pre-trial interventions that include medico-legal processes, anti-retroviral protocols and lengthy court preparations. Post-trial interventions which include therapy and safety issues. Cases withdrawn because of poor investigation or evidence lost or the intimidation of witnesses. The way forward is: Renewed partnership with DSD and the NPA. Additional criteria for analysis of effectiveness, e.g. measure the time from incident to appearance in court, and if the accused is represented in court, among others. Apply findings related to: Welfare Planning – programmes and expenditure Policing – prevention and investigation Judicial – trial and sentencing Roll out services at a national level and in the provinces and include a research component. The services are now ready for roll out into both national and provincial intermediary services with research components which may be national or provincial or both. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 44 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 11.3 Commission 2: Theme 2: Management, Partnerships and Research 11.3.1 Alfred Presentation 1: Reaching and Assisting Victims of Human Trafficking, MS Julayga The objective of defining trafficking in human beings is to guide us in terms of what is trafficking as a process and some of the means that are used to traffick people into South Africa. It speaks to expectations and what forms of trafficking exist, and it speaks to the issue of consent. Consent is nullified if deception or fraud has taken place. However when it comes to children there can be no consent: this speaks to the exploitation of children. The Palermo Protocol’s definition cogently sets out how the various components of human trafficking fit together. We use this international protocol and instrument as a guide. However we need to close the gaps when we write our own South African domestic legislation. Another important definition that I use is the one that is used in Afghanistan to define human trafficking. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 45 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference “The recruitment, transportation, transfer, harbouring or receipt of persons, by means of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or the giving or receiving of payment or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation includes, at a minimum, the exploitation and the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs. The consent of a victim of trafficking in persons to the intended exploitation….shall be irrelevant where any of the …. [afore- mentioned] means….. have been used. The recruitment, transfer, harbouring, or receipt of a child for the purposes of exploitation shall be considered ‘trafficking in persons’, even if it does not involve…. [any of the above listed means].” Thus it is clear that the sole purpose of human trafficking is exploitation. Regarding trafficking in Africa, there are global patterns as shown in the report of 2006 by the UNODC. Another important report is the report released in 2005 by the IOM. Africa has been identified as an ‘origin region’; this means that the recruitment takes place there. Transit countries means the movement of people through countries, while inter– regional trafficking is the movement of people from one country to another. In southern Africa, ultimately the destination is South Africa. Note also that victims are trafficked out and into South Africa – often from Thailand, China, Hong Hong and the Eastern bloc countries. Note also that a great deal of research focuses on cross border trafficking but very little research examines intra-country trafficking. The report makes very clear mention that they look at cross border trafficking and not at intra-country trafficking. The reason for this was that when the protocol was done, cross-border trafficking was pushed by the west and there was no attention to intracountry trafficking. There a number of international instruments that exists. We first had the convention for the suppression of the white slave trade in 1904. Then there was the Convention for the Suppression of the Trafficking in Persons and of the Exploitation of the Prostitution of Others in 1949. Also, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). And also the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children; supplementing the United Nations Convention against Organised Crime (2000). This protocol is also referred to as the ‘Palermo or Trafficking protocol’ (Unicef, 2005). Clearly the move was to create an international instrument to combat human trafficking. But the problem with all these pieces of legislation is that they failed to provide a working definition and the focus was to punish. There was very little opportunity for victims’ restoration. Part of the problem was that the issue of human trafficking was only seen as being synonymous with sexual exploitation. Further, as background to the protocols and instruments, the agenda was then driven by feminists and for this reason we find that it is their ideology and political agenda that is contained therein. Having said all of this how does this influence South Africa? We have a national strategy and because we are in the process of formulating legislation it is very important for us to be aware of the agendas in the arena. In South Africa we have already focused on cross-border trafficking. Now that there is a lot of attention on the issue of labour there should be a focus on in-country trafficking and on victim assistance. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 46 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Also we need to focus on the broad range of people that are trafficked; ultimately all victims should be treated the same. Sexual exploitation and other forms of trafficking occur when children are trafficked from South African rural areas to the urban areas. Further there is a total lack of understanding from service providers as to what these trafficked persons have suffered. Hence, regarding how we assist victims, we have to know what our perceptions are as it affects our actions and the manner in which we distribute funding. In conclusion, a quotation: “Trafficking in persons, which is also referred to as modern day slavery (King, 2004) is by no means a new phenomenon. The age old trade in human beings has its origin in the Trans-Atlantic Slave Trade, which was abolished on the 25th March 1807. “The fact that slavery in the form of human trafficking still exists in the 21st century shames us all.” Antonio Maria Costa, Executive Director, UNODC 11.3.2 Presentation 2: Programme of Assistance to the South African Government to prevent and react to human trafficking: Ms Malebo Kotu-Rammopo, NPA South Africa signed the Palermo Protocol on 25 December 2003 and undertook certain obligations as a country. Naturally this will impact on our activities in terms of the VEP. The Palermo Protocol places the following obligations on ratifying States: Criminalize trafficking (South Africa has not completed this process and has only completed the aspect related to the sexual exploitation. This reinforces the comment made be Ms Julayga Alfred concerning the focus on sexual exploitation) Investigate, prosecute and convict traffickers and undertake border control measures. Further, the protocol calls for action in accordance with the means a country to do more and this will also impact on South Africa. The first is to take measures to protect and assist victims, this must be taken further. Train law enforcement and border officials and to inform and educate victims, potential victims and the general public. Countries are called upon to cooperate with each other and with civil society. Interim legislation is related to the Criminal Law (Sexual Offences) Amendment Act 32 of 2007. Part 6, sections 70 to 71 include transitional provisions relating to trafficking in persons (adults and children) for sexual purposes only and also includes pornography under the section ‘purposes’. One of the positive aspects is that victims will not be prosecuted for any direct related offence, e.g. contravention of immigration laws or prostitution. The ball is now in our court and the question is whether government and departments will pursue the western agenda or will we push for our legislators to ensure that we have comprehensive legislation and in so doing will we position ourselves as forerunners. The South Africa Law Reform Commission will convene a media conference end August or in September to make an announcement as to how the processes will unfold. The process has so far encompassed: Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 47 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference An Issue Paper A Discussion Paper on Combating Trafficking in Persons, Bill 2006 A consultative process in mid-2007 Written submissions from interested parties The Revision of the Draft Bill Commencement of Parliamentary legislation review process At present there is existing legislation that deals with, or can be used to deal with human trafficking: Criminal Law (Sexual Offences) Amendment Act 32 of 2007 Prevention of Organised Crime Act, 121 of 1998 Basic Conditions of Employment Act, 75 of 1997 Immigration Act 13 of 2002 Films and Publications Act 65 of 1996 Corruption Act 94 of 1992 Extradition Act 67 of 1962 International Cooperation in Criminal Matters Act 75 of 1996 We have a programme that commenced in 2007 and runs until 2010 based on a South Africa – European Commission Agreement: the “Programme of Assistance to the South Africa Government to Prevent, React to Human Trafficking and provide support to victims of crime.” This programme entails a total programme commitment is of EUR 6.3 million and is co-funded by the South Africa Government. The pillars of the strategy are: o o o o o o Information (research and public education) Capacity building and development Victim support and integration Legislation and policy development Monitoring and evaluation Liaison and consultation Some of the specific outcomes include research that has looked at areas that have not been covered in the past. In this way knowledge and understanding of trafficking has deepened. In Output 1, it encompasses a multi-disciplinary research study on the current streams of trafficking in, to, and from South Africa, and includes the victim profiles, traffickers’ profiles, routes, and vulnerable groups, etc. From this information estimates were made as to the size and the trends of each stream. Importantly this will also include in-country trafficking and not just focus on cross border trafficking. Output 2 was the dissemination of the research report and findings as well as the holding of workshops and stakeholder meetings. We also intend as part of the programme to have a trafficking system developed and designed. An inter-sectoral database and terms of reference for Trafficking Information Management System (TIMS) is planned at the conclusion of the research study. An enhanced coordinated cross–sector response is the ultimate objective. In terms of partnership, what we need is better coordination and improved responsiveness. In terms of this programme we are providing task teams to provinces. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 48 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference We are also looking at the establishment of a Programme Coordinating Unit (PCU) which includes a task team and the development of National Action Plan. The priority provinces identified for the roll-out of provincial task teams are KZN, Limpopo, Mpumalanga and the Western Cape. We hope that each province will ultimately have such task teams and their own action plan. An important output is the development of Expert Response Teams which will be multi-sectoral teams on call for effective victim and case management. This speaks to the case study that was done yesterday where we do not have adequate protocols of referral among departments and that describe what their responsibilities are. We are looking to use the TCC model to develop the handling of victims of human trafficking which will include the following: Skills transfer to provincial teams Manual of operating procedures / protocols to be developed Referral mechanisms to be designed Monitoring for effectiveness by PCU The Victim Assistance Programme will include: NGO Empowerment and support mechanisms, i.e. a Victim Assistance Fund and a victim empowerment model are being done by DSD and by ourselves. A victim empowerment framework will emerge from this and we are working with the Department of Justice in this regard. Upgrading of facilities (dedicated courts and Thuthuzela Care Centres) and a design of prototype standards for facilities. We will be working with SAPS in the development and upgrading of prototypes as to the various facilities that are required to deal with victims of trafficking. In addition work is being done with DSD regarding the ideal type of shelters to deal with victims of trafficking. Another important output is regional cooperation and coordination: Regional cooperation mechanisms and structures (with the assistance from the Department of Foreign Affairs) Targeted regional interventions Information and best practice knowledge sharing We are in the process of rolling out 60 country wide workshops to develop capacity building which will include a SAQA accredited curriculum for “Train-the-Trainer” workshops. This programme should train about 900 people. Aspects hereof include: Basics of human trafficking (Core) Psychosocial and health aspects of trafficking (for DSD and DOH) Investigation (for SAPS) Legislation (for DOJCD incl. NPA and LCMC) Irregular migration and migration management aspects of human trafficking (for DHA) Interim Training Workshops in 2008 targeted at 5 institutional clients: Department of Home Affairs Department of Social Development Department of Health Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 49 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Department of Justice and Constitutional Development (NPA & LCMC) SAPS Also planned are workshops for social service providers and border officials at ports of entry as well as law enforcement workshops (investigators, prosecutors and border officials). Support and monitoring will be done by means of follow-up visits to government instructors trained by IOM in the second half of 2009. In addition, training, support, and monitoring and evaluation of the newly-trained instructors and support to the curriculum integration process in existing training programmes will be provided. An important issue is the public awareness programme that needs to be developed for a better understanding of human trafficking and the impact thereof. This will entail: A prevention strategy The development of messaging by a task team Designed targeted prevention programme for vulnerable groups Implementation of an interim awareness programme A designed low cost high impact awareness strategy Implement a full scale awareness programme Launch a National Action Plan (NAP) Develop ‘low cost-high impact’ regional prevention and awareness strategies We will look to include Southern Africa in some of these initiatives. In terms of evaluation and auditing the follow are instrumental and applicable: The EC Delegation Annual financial and compliance audits Mid-term operational reviews The final review The Governance programme includes a programme steering committee and a task team. At the strategic level, governance includes the Inter-Departmental Management Team (IDMT) consisting of the SOCA Unit-NPA, DOJCD, Ministry of Safety and Security Secretariat, Department of Education, Department of Health, Department of Social Development, Department of Correctional Services, National Treasury and the Department of Home Affairs and the Department of Labour. The task team, at the operational level and with the technical support to the PCU includes: SOCANPA, Legislation-Department of Justice and Constitutional Development Immigration-DHA, Organised Crime Unit-SAPS, Ports of Entry- Police, SAPS, Department of Labour, Department of Social Development, International Organisation of Migration (IOM) Southern Africa, UNODC Southern Africa and Molo Songololo. The ideal Partnership should be characterised by: Good principles of partnership Inclusiveness Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 50 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Inter-sectoral coordination and cooperation Responsiveness Efficiency and effectiveness The important roles of stakeholders remain: Policy development Strategic coordination Alignment of programmes Service provision Project implementation Coordination and cooperation The role of the Department of Justice and Constitutional Development includes: Custodian Victims Charter and minimum standards Court Services (dedicated special courts, translation services, safety/security) NPA SOCA: TCC/s Witness protection Asset forfeiture unit National prosecution services Department of Social Development Custodian of Victim Empowerment Programme Funding and accreditation of shelters Norms and standards for care of victims International social services Department of Home Affairs - immigration; legal; services SAPS ; Ports of Entry Policing; Organised Crime Department of Health: clinical; forensics and psycho-social services Department of Labour: Inspectorate SARS: Border Control Operations; Coordinating Committee Civil Society / Social investment sector Shelter provision, integration programmes, Legal support, psychosocial services; Important role players are civil society organisations; faith-based organisations; organised labour; organised business; and international organisations e.g. UNODC and the IOM. 11.3.3 Presentation 3: Department of Social Development Specific Anti-Rape Strategy, Ms Virginia Francis, DSD Rape is a priority for the South African Government and rape remains a priority for the country. We do not know the long term effects of rape on children as no study exists, and with 50 000 rapes happening per year we have an insight into the scale of the problem. The fact that we are here demonstrates that rape is seen as a priority for DSD. The DSD has a critical role to play in preventing rape while responding and providing appropriate support for rape survivors and their families. In this process the DSD needs to also give more thought to where it fits into the prevention aspect. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 51 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Rape has crippled the safety, security and well-being of the country’s vulnerable groups: children, women, disabled, and the elderly. The background to the anti-rape strategy process started when Cabinet in March 2000. The process included: It identified the alarming rate and nature of rape in South Africa Tasked the Ministers of Safety and Security and Health to lead the process In 2002, the Cabinet re-directed the initiative to be led by Department of Justice and Constitutional Development (specifically SOCA (NPA) An inter-departmental management team (IDMT), formed in 2002, consists of the NPA, DOJCD, Department of Correctional Services (DCS), Department of Social Development, Department of Education (DOE), Department of Health, and National Treasury. The initial work of the IDMT started with the criminal justice system as they had the data for an action orientated approach. IDMT engaged the Monitor Group, a leading global strategy to do the initial work pro-bono. This entailed the involvement by line function departments at provincial and local levels. After a few years the aspect of the ‘causality of rape’ was also included. The research and strategic programme framework was thus data driven, action orientated and it consulted widely with all relevant departments. The results of the process came as a shock: 59 975 rapes with the conviction rate 7.7 % (4060). The country was at that stage a new democracy and we were trying set up a new system. Rape is complex and it has an impact on society: The family The workplace / school Psychologically Society In the four above areas it impacts on people as follows: Strained relations with significant others Alienation of loved ones Neglect of children / spouse Diminishing productivity Job loss Insecurity Post traumatic stress disorder Sleeping problems Feelings of detachment Outbursts of anger Risk of pregnancy; HIV infection Vigilantism Paranoia of others as potential aggressors No safe havens Protection of aggressor/compensation Doubt that the perpetrator will be brought to justice Doubt that a guilty verdict will be reached Lack of, or insufficient support Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 52 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Prevention has largely been sporadic with the involvement of all departments being required. This is where management and leadership should be involved to respond appropriately and to act on prevention. The DSD is involved in all three aspects: prevention, reaction and support. It should be noted that a focus on only one of the aspects may lead to sub-optimal results. We did realize that a one-size-fits-all strategy was not going to work well because: Not all rapes are the same Not all offenders are the same Not all victims are the same The IDMT came up with a matrix and it looks at what was good, what was not working well, and what was missing in the system. The matrix is as follows: Not working well: Lack of safe places (situational and environmental), high backlog in cases, and limited roll out of services to rural areas. Good encompassed education campaigns, integrated response centers, and victim empowerment initiatives, these include best practice. Missing aspects: A profile of offenders and victims, a blueprint to fix CJS for effectiveness in dealing with rape case, and relevant and systematic support. Good research is also needed. Hence a balance must be found across the actions and key choices need to be made in terms of how to prioritize which programmes to implement. South Africa has very few resources including financial resources; these are the challenges that every sector speaks of. The role and responsibility of DSD is within all three pillars of the anti-rape framework: Prevention Response Support Research indicates the direct links between vulnerability and poverty: The interface between gender violence and poverty The interface between gender violence and HIV/AIDS (women who have experienced violence are 3 times more likely to acquire HIV/AIDS) The interface between gender violence and substance abuse (which can be associated with poverty) Children, mainly as a result of orphanhood or poverty are most vulnerable to sexual violence (60% of all reported cases in South Africa are of children aged 0-18 years) Given the above research, DSD has a pivotal role to play given its concentration on the following groups: society’s poorest, and the most vulnerable and marginalized. It is important to note that DSD spans services to all vulnerable age categories within society: children, youth, women, families and the elderly. The roles of DSD are: A. National Role Formulation of policies, review of policies when appropriate To provide financial resources for identified programmes Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 53 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Ongoing M&E of programmes (especially those that are prevention-focused). Development of training programmes on policies and specialized training Guidelines for development of Service Level Agreements (SLAs) Coordinate and fund research that is designed to provide a synopsis of available social services across the country (audit of existing services) and gaps within current service delivery. B. Provincial Role To allocate financial resources for identified programmes Formulation of SLAs that are designed to ensure: a) improved coordination, referrals and collaboration within DSD (intradepartment) b) enhanced external stakeholder involvement c) integration of partners and other departments to reduce duplication Development of proper protocols for service delivery A review process that ensures ongoing M&E of programmes An institutional framework that supports: a) good governance b) effective structures (a rich combination of networks, committees, forums) c) inter-governmental partnership Coordinated impact assessments (research-based) The DSD activities are aligned to the three pillars of the anti-rape strategy. DSD needs to be collaborative and this also needs political commitment: 1. Prevention Political commitment and resource mobilization from the President and Ministers Harnessing the power of the media Awareness-raising and public education. Empower people to take back their power and responsibility: increase Victims Charter training rights and resources for survivors Address structural issues e.g. deconstruct myths on rape, patriarchal attitudes, cultural attitudes, rape and sex, service provider (stakeholder) attitudes, etc. Community mobilization and ownership (best practice protection mechanisms by means of imbizos, meetings, networks of critical stakeholders such as traditional leaders, shebeen owners, police, schools, faith based organisations, local government, community based organisations, NGO’s and youth organizations). Skills development: 1) Availability of teaching on parenting skills, and interpersonal skills. 2) Identify and implement life skills programmes for at-risk children and young adults. Integration and mobilization of stakeholders toward common goals: partnerships must be strengthened at operational level to improve the sharing of resources, communication, and skills. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 54 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Poverty alleviation is an important area as it has linkages across many elements such a rape and HIV/AIDS a.o. Such instruments are child grants, old-age grants, and disability grants which promote economic upliftment and empowerment and ensure poor people have the means to access safe options. Targeted youth programmes that include pre- and after-school programmes providing children with safe, protected spaces. Also substance abuse (drug and alcohol) projects aligned to the department’s Drug Master Plan. The DSD continues to work very well here but does need a system to: Ensure the management and provision of appropriate service delivery: counselling, support, and referral services at Thuthuzela Care Centres and other registered one-stop initiatives. Enhance service delivery at such facilities through the provision of relevant intra-departmental services (trauma and long-term counselling, family therapy, substance abuse rehabilitation, grant referrals). Design a system for regular home visits – especially for those victims that travel long distances to access services or are physically unable to get to services (eg HIV-positive clients or survivors on ARVs). Ensure victim support kits/comfort packs are in stock and readily available. Establish social services were they are lacking or non-existent. Support: Establishment of shelters, safe houses and places of safety for survivors, who cannot immediately return home. There are still too few of these shelters. Provision of information about available resources (leaflets, cards, pamphlets, posters) in appropriate languages. Provision of adequate, sensitive, well informed, trained personnel to deal with rape survivors at all entry points (including setting up help desks). Establishment of support groups for victims and families. Establish where necessary, or support existing forums of role-players who assist victims. More services should be rolled out across the country. Conclusion: External stakeholder management needs to be better aligned with more effective communication and collaboration between IDMT partners so as to develop a MOU / SLA between IDMT departments IDMT departments need to work smarter and they need to pool financial and human resources e.g. NPA is conducting an audit of sexual violence services as a basis to determine where to set Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 55 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference up new TCCs. This should be a collaborative effort. Certainly one area in which to pool the resources of departments is in the area of training. Social services need to be integrated, widely accessible, and more specialized and be aimed at deterring rape, while protecting potential victims. IDMT must be replicated in the provinces, and drive provincial programmes. It does not need to be in all nine provinces. Intra-departmental collaboration must be promoted within DSD, for greater effectiveness at the ground level e.g. social grants / disability grants sections to have stronger relationship with counselling services and HIV management services. IDMT needs to draw on DSD’s ability to harness the strength of the NGO’s. The IDMT does have some relationship with NGO’s but DSD’s relationship with NGO’s is must stronger. DSD is losing experienced staff and it needs to look at how to be innovative and to provide incentives to retain experienced personnel. IDMT to have a joint M&E system, that enhances their ability to make relevant national decisions IDMT to develop joint oversight mechanisms e.g. regular provincial visits 11.3.4 Presentation 4: The VEP Evaluation Study, An Appreciative Enquiry Approach, Ms Thandeka Tshabalala, Unisa Since 1998 the Unisa Centre for Applied Psychology (UCAP) has been part of the VEP management team. The research from the UCAP is part of the contribution to the 10th anniversary of the VEP and this study of the VEP was funded by the UCAP. It was a not an in-depth, all inclusive evaluation study but a developmental evaluation conducted in the appreciative inquiry framework. The current study is a “work in progress” as we are still doing interviews and evaluation and there are possibilities of a more inclusive follow-up study from the current research. The main research aim is to enhance and to contribute to the VEP. Individual interviews are used as “process of inquiry” and allows for exploration and discovery. We are using the Appreciative Inquiry framework (Colleridge, 2005) to foster the appreciation and recognition of successes through the sharing of hopes/wishes and specifically through the sharing of personal narratives/stories. We are not going the traditional route of distributing questionnaires, but we are rather interviewing the VEP members directly to obtain information for research purposes The research process is not where we had wanted it to be. This is due to time being a scarce resource for VEP members and the researchers not always being able to interview such members. The research will be concluded when all participants have been interviewed and their consent has been given to the interpretations in the report. It is a collaborative representation between researcher and the participants and because of the personal nature of the interviews. Hence, often the views of the VEP are very personal and thus our methodology requires much consultation and collaboration. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 56 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference UNISA has done previous research on the VEP. In 1998 the UNISA Centre for Applied Psychology conducted research on local VEP initiatives. The title was: “From Policy to Practice: Victim Empowerment in South Africa” J Nel and J Kruger (Pretoria, CSIR and Unisa). The research was more extensive - with a larger sample and with questionnaires distributed. Those who are interested in the research document can contact me for copies of the report. A follow-up study was conducted in 2003 and the results were presented at the World Society for Victimology in Stellenbosch. In these two research efforts (1998 and 2003) similar findings were obtained. Key success factors were: Good relationships with the communities characterised by consultation, feedback and trust. Appropriate resource allocation that includes prioritizing the disadvantaged, seeing to basic victim needs, human and material resources, infrastructure, volunteer re-imbursement and insurance, client satisfaction and prevention research. Good management that comprised accountability, protocols and procedures (inter- and intrasectoral) for coordinated and integrated service delivery, prioritization, project management and preventing burn-out as well as training, among others. Information and dissemination, encompassing communications, resource directories, the NCPS, guidelines for implementation, and the “big picture” of victim empowerment, among others. Successes and challenges However despite significant progress having been made, for example, the victims charter, the integrated VE policy and the minimum standards for shelters, the previous findings still remain relevant. For us the challenge is how can research enhance and strengthen service delivery? How can the research already completed be acted upon and implemented? What and where are levers for improvement? That is when we decided to use the appreciative methodology instead of the traditional method. In using the appreciative methodology we did interviews with 25 out of approximately 40 VEP management team members (National). Data collection is by means of face-to-face interviews or, if not possible, telephonic interviews. Appreciative Inquiry (AI) perspective has basic assumptions: Measuring a problem does not change it Problem-based thinking is a trap (one needs to step outside the box to find the solutions) Start with positive stories/narratives, personal hopes and wishes – this allows one to move away from the problem It is important to appreciate and recognize the successes Deep listening by the interviewer to explore hopes and frustrations An important methodology is to ask members to provide information using metaphors or images to explore themselves within the VEP and within the VEP Management Team. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 57 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Contrasting the present situation in the VEP and what is desired is also important and gives one a positive outlook. The impact of the above interviews; some anecdotal evidence obtained: It made a difference as to how the members see themselves in the VEP There was time to be quiet and reflect on themselves and the VEP and their position in the programme There was someone who listened and helped them explore issues and the process was supportive. We asked the VEP management team to identify members who they regarded as champions in the VEP team; those who had achieved a great deal. They were asked to identify the characteristics that these people portrayed. These characteristics were: Passionate Well - informed Involved Contributes and participates during meetings Makes sure that the group focuses on the programme mandate Guides the group Visionary Contributes great ideas Hard working Good service providers Commitment Tenacity From the above characteristics provided by the VEP management team members it appears that champions have an outlook and a way of working and relating, as well as certain internal characteristics which make them champions or good role models within the VEP. There were additional characteristics of VEP Champions: The management team is central to the VEP The team pushes the programme and devises strategies for the programme The team is the informer of the programme If every VEP management team member becomes a champion, if every representative portrays characteristics similar to those of the current VEP champions it would be a major step in strengthening and ensuring the sustainability of the programme. The questions to be posed to the VEP members and broadly to those working in the field of the VEP programme: how can each and every member of the VEP programme cultivate these qualities of a champion? How can all the VEP management team members become real champions of the programme? Is it possible for all the VEP members to avoid being trapped by the environment and to not overly focus on what are lacking, what is not available and who is not doing what is required. Conclusion: Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 58 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference “The world does not change one person at a time. It changes as networks of relationships form among people who share a common cause and vision of what is possible... … But networks need to evolve into intentional working relationships where new knowledge, practices, courage and commitment can develop. From this … emergence (the process of coming into being) becomes possible.” Margaret (Meg) Wheatley 11.4 Commission 3: Theme: Service Delivery 11.4.1 Presentation 1: Service Charter for Victims of Crime in South Africa, Ms Naomi Webster, Service Charter, DOJCD I quote from the book, Tale of Two Cities, a quote used in a speech of the State President Thabo Mbeki. “Now is the winter of our discontent made glorious summer by this sun of York.” You would ask yourself what is the relevance of the quotation on the second day of our celebration of a decade of the victim empowerment programme? The Tale of Two Cities is the analogy to the government and civil society telling the story of victims in South Africa. ‘The winter of our discontent’ is replaced by ‘the sun of York’ which in the South African context is the Victims Charter. The aim of the presentation is: 1. 2. 3. 4. 5. To look at how the Victims Charter can be used to bring about improvements for our victims? To understand what is the Victims Charter? How can we implement the Victims Charter? What is our vision over the next 10 years (2018) To advocate for the Victims Charter and to also understand it in the context of government’s programme against crime. We need to claim it and not to look at it as a construct of the government. 6. To look at how we can make use of the Victims Charter in the current legislation. We need to own the Victims Charter just as we similarly own the constitution. The Victims Charter is about everyone; reason being that everyone can be a victim of crime and if we are victims of crime we need to know what our rights are and what the Charter mean for us. It was approved on the 1 December 2004 and it is in line with the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Powers, 1985. It Contains 7 rights: dignity and privacy, information (receive and provide), protection, assistance, compensation and restitution. Definition of victim and of crime - Who is the Victim - It is set out in the minimum standards It includes both direct and indirect victims Explore importance of responding to a diversity of responses, needs and types of victims. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 59 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference - Definition of crime (forms of crime) Uses of the existing definition of crime in current legislation, incorporates new forms of crime and other forms not in legislation e.g. hate crimes Based on understanding the South Africa context (crime victim survey, government statistics, gaps in CSO statistics.) Rights Based Approach (RBA) The Victims Charter is about the consolidation of rights that already exist in various legislation, policy documents and in the constitution. The challenge that we have is how we can make the rights based approach real to people; we can achieve that by making sure that every intervention and programme should link with people’s rights. The Rights Based Approach’s building blocks:Constitution 1996: S 234 Parliament to enact charters. Legislation and policy. International obligations: UN Declaration (convention), African Human and People’s Charter. - Interventions such as programmes: direct and indirect. The rights based approach was defined as rights which determine a relationship between individuals and groups with a valid claim (rights-holder) and the State with corrective obligations (duty bearer). The rights based approach requires the involvement of all stakeholders. Implementation of the Victims Charter Translate rights into tangible outcomes for the victims Implementation agents: JCPS departments in 2007 produced a National Implementation Plan (three year and five year plans) In 2008 the certain provincial departments introduced a Provincial Implementation Plan: North West, Eastern Cape, Limpopo, Mpumalanga and the Western Cape Province. Implementation Plans are operational in line with the METF. Examples of activities: training of government staff, provision of victim support services, a National Toll Free Line, and monitoring and evaluating research. Victim support includes:- Hospitals-rape kits, cameras and coloposcopes Police Stations with separate waiting rooms and interview rooms Courts that have one way mirrors, separate waiting rooms, information desks, electronic equipment and CCTV Specialized Courts for sexual and domestic violence Transport for victims Department of Social Development is setting up shelters However plans are not integrated across JCPS departments. Challenges and the Way Forward Challenges were highlighted with the purpose of using them to chart the way forward to 2018: Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 60 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Coordination: The VEP Management Team and the Victims Charter committee should work together towards a common goal. Resources: Use parliament to get departments to deliver and implement the VEP. Integration: Victims’ rights week in September 2008. Multi-sectoral collaboration. Excellence: Acknowledge and reward best practice models. Monitoring: Monitoring the implementation of legislation and interventions. Questions and answers: Link the Victims Charter with the existing instruments such as the constitution. Shorten the period between referral from one stakeholder to the another. Involve municipalities in the integration of the victim empowerment in the IDP. 11.4.2 Presentation 2: The Integrated Service Delivery Model and VEP, Ms Charmaigne March, Unisa There is a need for us to keep track on service delivery and also to ask ourselves if we are really providing better services because as I look around there is a need for skills development in order to assist in service delivery. If we take a look at pre-1994; the service delivery models used were inappropriate for the vast majority of the poor and the vulnerable. Further the models were not developmental; they were actually handouts and they created dependency. It was top down and individualistic, and groups and communities were seen as passive recipients of services. After 1994 there was the initiation and adoption of the developmental paradigm because it enabled people to have greater choices; people felt empowered. People also had access to services and they were able to influence policies that affected them. But that still did not fully address poorly developed protection measures, prevention and early intervention. There was still limited support to the non-governmental sector which renders social services jointly with government. The Integrated Service Delivery Model: - 2006 It has a rights based approach to service delivery: Protection of the rights of the population at risk to oppression and marginalization. Promotion of rights through education of rights and duties. Facilitating access to rights. Challenging policies and social systems that compromise rights. Advocacy for needs and for rights. Integrated families and community based services: Balanced service provision that is psychosocial, protective, preventative developmental. The family is understood in the broadest sense. Understanding of the community and collaboration to achieve common goals. Generic approach to service delivery: Multiple levels of intervention. Work with a diversity of client population. Empowerment of client systems. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 61 of 203 and Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Encourage participation in service delivery. Work with clients on a one-on-one basis. Community Development and developmental welfare services. All this requires a variety of skills and different professional roles. Now we need to look at how to develop those skills that are needed. We can develop them through knowledge bases that are related to: individual psychodynamic theory, systems theory, human needs theory, participatory theory, empowerment theory, environmental focus theory and restorative justice. We also need micro developmental skills that include, relationship building, effective communication, interviewing and counselling. Mezzo development entails working with groups and organizations to improve aspects such as e.g. team building, managing budgets, mobilizing skills etc. While macro development encompasses social policy planning, situation analysis, objective analysis, evaluation and monitoring. The role of training of healthcare professionals, social workers and community development workers within the South African context is critical if a social programme such as the VEP is to be established and sustained. Traditional training is not adequate to deal with the social problems of the South African context and the community development workers need to be trained in Victim Empowerment. There is also a need to change the training for health care professionals. Academics, researchers and service providers need to work together; the tertiary institutions also need to make their curriculum more flexible so that it is more applicable to the challenges faced in South Africa. 11.4.3 Presentation 3: Language Differences and Translation in Counselling Services, Ms Megan Banjes, CSVR Language is connected to culture, race and class and that is why there is a need when providing services to people that they have access to the language that is meaningful to them because of the importance of counselling. The tool allied to the work is the language itself and South Africa is an example of a rainbow nation with different languages. In a case where language and communication are primary tools of the service, communicating in the second or third language can affect the quality and accessibility of counselling and as a result patients may be reluctant to seek help from providers who cannot communicate with them. Thus they may only seek help when their condition becomes acute or more costly. Challenges of language barriers The range of vocabulary available to draw on is restricted which means that the counselling is restricted to a more intense concrete level. The expression of emotions and experiences by the client is limited. The role of translators Mechanistic: The person just translates and assumes to have no influence on the counselling process. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 62 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Interpretive: The translator in an active participant in the counselling, including working as a cultural consultant and client advocate. Working with translators is common place in the mental health services in South Africa but there is little published regarding the topic of translation in mental health. There is a need for a theoretical basis for practice. The translator’s skills The translator needs specialized skills not only the language knowledge; she must have counselling skills, ethics and cultural knowledge. Sometimes translators are exposed to trauma as they translate traumatic stories and emotional experiences to counsellors. However, they often do not have the same training, supervision and debriefing that the counsellors have in order to cope with such secondary trauma. Differences within the triad Language match does not always mean an effective match as there is a dimension of diversity that needs to be taken into consideration as well as taking into account the ethnicity, the political affiliation, gender, the country of origin and race. Let us take for example the war between the Congolese and Rwandese; the Congolese client may feel offended by a Rwandese interpreter. Recommendations Need to discuss the translator’s role. Translation should be interpretive and not mechanistic. Need a good relationship between the counsellor and the client. Translators should be incorporated in organizational processes e.g. job description training, performance, appraisal, etc. Uphold victim’s rights to language facilitates so as to have access to services. Conclusion It is important to make use of the Victims Charter as a tool so that we as victims are aware of our rights and the services that are available to us in time of need. The skills development of the people that offer the services needs to be developed so that they have a better effect on the victims and their communities. The implementation of the Victims Charter is of great importance. It is of vital importance to be sensitive to the different languages, gender, and culture when dealing with victims because sometimes languages sound the same but have different meanings. The different programmes that have been implemented by the government are of assistance to the community and the services provided bring relief to communities. 11.5 Commission 4: Theme 3: Service Delivery 11.5.1 Presentation 1: Exploring Hate Crime – Issues and responses. A LGBT Perspective, Dr Juan Nel, Unisa and Ms Melanie Judge, OUT LGBT Well-being Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 63 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Understanding Hate Crimes Hate crime is that act which constitutes a criminal offence and is wholly or partially motivated by prejudice or hate. Such acts are normally committed against people, property, organisations or society because of the group to which the targets of the hatred belong or identify with. The perpetrators seek to demean and dehumanise victims who are considered different based on actual or perceived race, ethnicity, gender, age, sexual orientation, disability, health status, nationality, social origin, religious convictions, culture, language and/or other characteristics. The perpetrator’s prejudice differentiates a hate crime from other forms of crime. Other forms of crime which are similar to hate crimes are: 1. Identity crimes which are directed at the identity of the victim and motivated by hatred not of the individual alone, but of the group to which they belong. 2. Message crimes are conveyed by perpetrators and impacts beyond the direct victim(s) to others in the targeted group. Invisibility and under-reporting There is a belief that only extreme and violent cases qualify as hate crimes. This is not true. Daily, there are ongoing hate incidents or acts of taunting [hate speech], bullying or conflicts between people known to each other. The media prioritisation of the sensational, dramatic, and exceptional contributes to the tendency to not notice, and/or not report ordinary and everyday experiences of hate victimisation. Further, under-reporting is a distinguishing and disturbing feature of this type of crime. Hate crimes directed specifically at LGBT people take the form of extreme expression of homoprejudice through criminal acts such as rape, assault, or damage to property. These crimes are committed against people, their property, or organisations because of their actual or perceived sexual orientation and or gender identity. It is not out of the question that LGBT people may experience intersection forms of discrimination from race, gender and class as well. Despite jurisprudential and legislative support for the equality for LGBT people, the society remains at risk of hate crimes and other forms of discrimination. The Context for hate crimes It is necessary to recall the history of institutionalised discrimination in the form of apartheid and colonialism. Most specifically, we have to think of the violence inherent to these systems and make a differential analysis as to the effect thereof on the current situation. Under those systems identity markers such as nationality, race, gender, ethnicity, and sexual orientation were anchor points for social power and perpetuation of difference. Even under a policy of democracy with legislative guarantees for fundamental human rights, reports of prejudice-motivated hate speech and discrimination are endemic to South Africa. It begs the question: Why? Indeed, the prior criminalisation of homosexuality, the deep seated homophobia linked to cultural and religious representations are precipital in the current situation. Further, in a highly patriarchal society, gender-based violence and/or discrimination against LGBTs assert and maintain hetero-normative forms of ‘masculinity’ and sexuality. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 64 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference A desire to quantify the extent to which LGBT people are victims of targeted crime led to a joint study between OUT and UCAP in Gauteng during 2003. This was the first representative, community-based study of its kind in South Africa. The objective was to widen the focus beyond just hate crimes. It consisted of a fourteen (14) page self-administered questionnaire. The data was stratified into quotas by race, sex, age and socio-economic status. All the results are based on self-reported data only. An analysis of the samples made up of 487 self-identified gay men, lesbian women and bisexuals was made. The gender breakdown of the participants was 44% female and 56% male. The age distribution was 41% 16 to 24 years, 51% 25 to 40 years. The racial split was 52% Black and 41% White. Missing data frequencies were excluded from graph. The results showed that 37.3% of respondents across the board had a fear of sexual abuse. On average, almost 37% had experienced verbal abuse, 15.3% had been manhandled, and 7.4% had been targets of sexual assaults. The occurrence of theses offences did vary slightly between race and gender. Further, the results showed that: a. b. c. d. e. f. g. h. Intersection with other identities [race and gender] is critical to understand homophobic discrimination. (perceived motives for victimisation - 83% homophobia, 41% sexism and 34% racism) Higher levels of ‘outness’ and disruption of patriarchal gender roles lead to increased rates of some forms of homophobic crime. Victimisation is mostly on main roads and in shops and malls, followed by homes, pubs / clubs / taverns. 41% experienced hate speech at school. 12, 8% reported victimisation to police. 76% believe CJS does not uphold LGBT rights. 61% believe their constitutional rights are not met. 44% experienced heterosexism in accessing healthcare. The following are a few real life examples: 1. 2. 3. 4. 5. 6. Zoliswa Nkonyana murdered by mob in Khayelitsha (2006). Vernon Gibbs and Tony Halls (first same-sex couple to be married under Civil Union Act) victims of property attacks. July 2007, Sizakele and Salome brutally raped and murdered in Soweto. April 2008, Eudy Simelane raped and murdered in Kwa Thema June 2008, a drag queen shot and killed in Yeoville 777 campaign launched in response to homophobic attacks. Sadly, none of the perpetrators have been brought to book Impact: Individual and Societal The severity of the emotional and psychological impact extends beyond the individual to the group and to the broader community/society. Like other forms of hate victimisation, the psychological impact of homophobic discrimination includes a range of symptoms of distress [depression, anger, Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 65 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference sleep disturbances, nightmares, diarrhoea, headaches, relationship problems, increased substance abuse, and decreased levels of trust as well as feelings of being unsafe]. Secondary victimisation occurs when service providers de-prioritise, neglect or discriminate against survivors of hate crimes. Whereas access to appropriate and early support services strengthens effectiveness of interventions. Communities are seen as endorsing hate crimes when they remain silent, fail to act, or do not render support. Multi-level responses Cross referencing the world over brings to attention desirable legislation in certain parts of the world. For instance, “The Hate Crimes Act of New York State which states that: ‘Hate crimes do more than threaten the safety and welfare of all citizens. They inflict on victims incalculable physical and emotional damage and tear at the very fabric of free society. Crimes motivated by invidious hatred toward particular groups not only harm individual victims but send a powerful message of intolerance and discrimination to all members of the group to which the victim belongs. Hate crimes can and do intimidate and disrupt entire communities and vitiate the civility that is essential to healthy democratic processes.’ ” Since hate crimes are linked to social identities, to social power and to social attitudes; a response will therefore require targeted interventions and leadership at multiple levels. Legislative and Policy gaps On examining our legal framework, the following were observed: i. ii. iii. iv. Neither common nor statutory law defines what constitutes a hate crime, nor do they create the offence of a hate crime. The Constitution and Equality Act obligates the State to promote the achievement of equality through legislative and other measures to protect/advance persons, or categories of persons, disadvantaged by unfair discrimination. The legal framework does send a clear message to society that acts, which are motivated by prejudice, will not be tolerated and will face the full might of the law. Law alone, however, will not eliminate stereotyping and prejudice but “serves as a great teacher” in establishing public norms that may become assimilated. Transformative programs have the potential to do more than just law. Responding to hate crimes The following interventions are proposed as being highly desirable: a. b. c. d. e. A comprehensive policing policy to guide the prevention, reporting, recording and investigation of hate crimes. Special attention should be given to the manner in which social, economic and individual factors may coalesce to produce particular forms of risk. Comprehensive prosecuting policy that directs the manner in which hate crimes should be prosecuted. Policy and legislation would set the standard for effective responses by SAPS and other service providers and would increase public awareness and social messaging. Criminal justice officials and other agents require targeted training. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 66 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference f. Government departments responsible for the implementation of the Victims Charter ought to demonstrate zero-tolerance to all forms of prejudice-motivated crimes. Minimum standards for service delivery needs to be enforced (quality of service and minimise secondary victimisation). Expansion and promotion of victim empowerment services to the ‘at risk communities’ (foreign nationals, HIV positive, LGBT people). Law and policy is not enough. Indifference and tolerance towards prejudice creates the breeding ground for hate-motivated acts. Mobilise and organise (our own communities and sectors) to respond to prejudice-motivated acts at the social level Civil society needs to ensure State accountability for appropriate service delivery, access to justice and non-discriminatory practises. Visible and vocal leadership: speaking out against all forms of hate, at all levels. That means you too! g. h. i. j. k. l. m. Final word Whatever responses we craft these should be informed by: - The unique social and historical context that shapes and forms hate-based discrimination Constitutional provisions (principles of equality, dignity and human freedom) Public engagement and participation to deepen respect for difference, human rights and social justice. Explanation of terms: “LGBT” – Abbreviation for Lesbian, Gay, Bisexual and Transgender For primarily methodological reasons transgender persons were excluded from the study. The study was designed to focus more on sexual orientation than gender presentation and was based on the assumption that the issues warrant more specific enquiry. 3. JWG - the Joint Working Group (JWG) which is a national network of organisations of and for lesbian, gay, bisexual, transgender and intersex people in South Africa. 1. 2. 11.5.2 Presentation 2: Intersections across VEP Key Departments, Liesl Bjorn Theron, Gender Dynamix The presentation will start with the definitions of the main terms used. Transgender: The sense of self is in conflict with the gender assigned to you at birth and its corresponding stereotypical roles. Transsexual: Transsexual people may seek medical treatment to bring their body and gender identity into alignment. However, not all transsexual people undergo reassignment surgery for various reasons. These may include high medical costs, unemployment, access to information and limited medical care. Gender and Non-conformant Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 67 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Is a matter of gender prescriptions, dictated by rigid views of gender binary. Is prescribed by a patriarchal society. Sexual Orientation Gender Identity: - The way I view myself. Sexual orientation: - To whom I am attracted. Intersex 1. 2. 3. 4. 5. Physical sexual differentiation at birth is not typical. May involve atypical chromosomal patterns. May involve ambiguous genitalia. Genital surgery is often imposed on intersex infants. May develop gender identity issues later on in life. Medical Challenges a. b. c. High medical costs. Low income / access to medical services. Statistics are hard to obtain statistics. The Impact on transgender people Trans people struggle to access government services, starting with the acquiring of an identity Book. That has a ripple effect since they cannot then prove their citizenship. Safety and Security While trans people become secondary victims of prejudice, injustice and discrimination they should have the same opportunity to a fair trail and equal justice. Senseless violence Trans people are more likely to be targets of wanton violence than other people in society. State departments can do a lot to alleviate the plight of trans people. ● The Department of Health: the starting point is in the training curricula of medical and public health students. Doctors have to be sensitized early in their training about the unique circumstances of trans people. Further, appropriate procedures when admitting transgender patients are necessary including signage at health facilities. Beyond that, transgender related medical care still leaves a lot to be desired. ● The Department of Education: Many transgender learners do not perform to their fullest ability. This is because they face many hurdles in their daily schooling and hence safer schools and antibullying programs are necessary. 11.6 Commission 5: Theme: Training, Capacity Building, Monitoring and Evaluation and Research Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 68 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 11.6.1 Presentation 1: Enhancing Service Delivery through Capacity Building, Ms Annalize Roos, NICDAM The National Institute for Community Development and Management’s focus is on Victim Empowerment capacity building and is thus very much on the NGO sector and more specifically the emerging NGO’s. As the Victim Empowerment Provincial coordinator for North West I’ve realized the need for the establishment of NGO’s that can support the sector. Therefore we’ve designed training programmes and presented capacity building programmes specifically aimed at emerging NGO’s and volunteers working in the field. Most government departments do not have capacity building and training programmes in place to enable their personnel to act as frontline workers. There was research done on the capacity of the NGO’s sector as a whole (not just the Victim Empowerment sector) that was commissioned by the National Department of Social Development. So I saw fit to provide some of these findings on the status of NGO’s; it was found that there are three categories of NGO’s which are: Emerging NGO’s who only meet the basic requirements for fundability and would change their focus easily, meaning that they will open their doors as a Victim Empowerment NGO and provide services to the Victim Empowerment sector. If funding in another field becomes available they will easily change their focus. Obviously there would be negativity around such a change. Then there are well established NGO’s who have evolved systems and worked in a sustainable way. Then there are matured NGO’s who have been well sustained over a period of time. So these three categories of NGO’s are also relevant to the VEP sector but I am of the opinion that mostly we are dealing with emerging NGO’s who are really struggling to meet the basic requirements to become eligible for funding. It was found that most emerging NGO’s focus on HIV and AIDS, so we have only a small number of NGO’s who still focus on Victim Empowerment. The challenges that NGO’s raised were that they do not have management information and financial systems in place. They have flat organizational structures with little differentiated of roles. In other words, the financial manager will also have to do field work, the manager also has to look after finances and this places a huge burden on the management system. Then there is also the lack of strategic management and project management skills which is an aspect that we’ve focused very much on in our capacity building for NGO’s. There is also the issue of sustainability that is threatened by the lack of fundraising skills and a non diversified resource base. In other words, still the old problem of waiting for funding from government and not having the ability to look wider and look at other possible sources of funding. The sustainability is also threatened by the working conditions which are difficult and taxing. We still have the situation of people who have been exposed to limited training having to work in the field, walking from house to house or from the clinic to perhaps a small office. Furthermore, they provide a service that is very demanding and they are not even sure whether the stipend will to be sustained by DSD and naturally if the stipend will be paid at the end of the month. Yet we still find that although these difficult working conditions exist there is still a lot of loyalty and enthusiasm among the people that provide these services, specifically in the field of HIV and AIDS. Looking after patients and clients who are ill and who are suffering is very relevant to them and is important Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 69 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference for them to be able to assist such patients. I believe that in the Victim Empowerment field such loyalty is less apparent because the victims are more silent and obscure. Therefore the enthusiasm and motivation to work as a Victim Empowerment volunteer and perhaps not receiving payment is not as high as in the HIV field. There is little formal research on community needs. One of the unit standards in our community health work qualification is the ability to do simplistic research to find out what the community needs are. So we find that most NGO’s are led by where the funding is and not by the needs in the community. There is also the complex relationship with government departments at local level. This complex situation does is not necessarily negative or positive; what it means is that it is very hard to make sure that the government departments are really well informed about the situation that the NGO’s are faced with. This research report made certain recommendations: a capacity building model that targets NGO’s in all development stages, in other words even mature NGO’s should be exposed to capacity building that will enable them to contribute more to the sector. Capacity building should be customized with different learning experiences forming part of such training. The stronger NGO’s should also avail their knowledge and experiences to emerging NGO’s on a voluntary basis but also as part of the capacity building model. It was also mentioned at the summit that this would be a criteria for funding for NGO’s and for support from government departments. In other words, when a training provider or project provider enters a community to provide capacity building; as many government departments as possible should be informed and should support the capacity building project. Training interventions should be SAQA accredited. District officials should be incorporated in capacity building programmes. We find that we do have support as a training provider but they do not have time to sit in a training session and are thus unable to support the volunteers to implement in the field after the training providers leave. The support to NGO’s should be a key performance area for government officials and not just a vague idea or thought. The sometimes rapid increase in the number of NGO’s, which cannot be sustained by government, and cannot properly contribute to the sector. The mandates of the DOH and DSD in victim empowerment should be understood by both departments. The government departments especially DSD to support NGO’s with registration. The policy on the role and rights of volunteers is a very urgent matter. I think that is still not addressed comprehensively. The norms and standards should be disseminated to grassroots level. NICDAM as a training provider, provides capacity building for groups of volunteers at the grassroots level and we make it a point to present them with strategic planning documents and policy documents that have been issued by national and provincial departments. Although it is not always easy for learners to understand the requirements of policy, for us as trainers it is very important that they should have such insight as they are the people that have to ensure that these policy goals are reached. Regarding the resource environment; there should be a standardized reporting format. In other words there should be the goal that all funders should have the same reporting requirements as government. This will reduce the confusion among some of the NGO’s. Funding is still to a very large extent incomprehensible and due to this many NGO’s lose funding opportunities. All inclusive funding and the pooling of donor funding has been on the table for many years. I would like an elaboration on the all inclusive funding as it is still found that such funding Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 70 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference only provides for operational costs and not for management and not for sustaining of the organization as a whole. The elements of our specific capacity building project for Victim Empowerment start with the pretraining needs assessment, where we look at the individual participants that will be participating and then we have to set the criteria. Then we look at the provision of theoretical training over a period of time; this process includes interviews that normally extend over four to six months. We present capacity building in very rural places, where it’s not really accessible. I heard somebody say yesterday “oh so you will only go where you can fly?” No, we will go even where we can only walk.” There is differentiation in skills as we try to ensure that groups leave with different skills. In this way, at some point we might split up a group and take them through specific specialized channels of training so that we can send that group back to the community and to the NGO with a variety of skills. Our training is unit standard based and we include the mentoring programme. The purpose of the mentoring programme is to accelerate and standardize implementation. I would just like to highlight one aspect before I close. This is the opportunity for the recognition of prior learning for counselling which is now available as announced by the relevant SAQA. In other words, organizations that have been working in the counselling field for many years without having received SAQA qualification recognition can now apply for such recognition. The implication is that such organisations do not have to go through training as their experience and prior training is acknowledged. 11.6.2 Presentation 2: The impact of vicarious trauma on mental health care workers in a hospital and community health care setting, Ms Tumi Kekana, Trauma Clinic The Mayor of Ethekwini in his opening address referred to the use of violence in the apartheid era to enforce apartheid laws. We find that violence is still used today to express forms of unfulfilled needs or to settle disputes between individuals or groups. This ongoing violence has undoubtedly impacted negatively on individuals, on families and on society as a whole. People are generally living in fear and their belief in the world as a safe place has been shattered. Their experiences of violence leaves them traumatized and in desperate need of psychological or emotional support. Thus this violence leads to the trauma that we find in our societies. Often traumatized victims seek help from friends, family, from traditional healers and from pastors or they may go to hospitals, crisis centers, shelters or social service institutions. As mental health workers we are called upon to provide crisis intervention advocacy and individual or group therapy. With professional intervention victims of violence can recover, but how do service providers manage the emotional consequences of their work? The point is made that many of those in the helping professions are secondary witnesses to trauma almost every day. As we listen to our clients tell their stories, we bear witness to their victimization and we support and validate their feelings and experiences. We offer them the opportunity to let go of some of their burdens. As witnesses and healers we can’t help but take in some of the emotional pain they have. This secondary victimization is called vicarious trauma. McCann and Pearlman described it as a pervasive change that occurs within mental care practitioners over time as a result of working with clients who have had experience of trauma. Related concepts include compassion fatigue, secondary traumatic stress, counter transference and burn out. But what we find is that vicarious trauma occurs only amongst those who work specifically with trauma survivors. Some of the symptoms that are highlighted to indicate vicarious trauma are: Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 71 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Inability to sleep Emotional fatigue Somatic complaints Feeling overwhelmed Feeling demoralized Shattered assumptions Intrusive memories Irritability Substance abuse Recently there has been an acknowledgement that vicarious trauma professionals require help. Thus the advent of EAP services, training and capacity building initiatives in some places. In relation to this we sometimes have to look at some self care strategies. What is it that people can do if they are traumatized? Land, Stevenson and Wheeler propose the following self care principles for people working with traumatized victims: maintain a balanced life style, relaxation and recreation which means one is able to make a distinction between work and social life. Maintaining a connection with others is important. One of the things that we have found with trauma is that people don’t have what we call protective factors so connection with others can be one of the protective factors. Often when we do training amongst one thing, the first thing that we start with, we do what we call self awareness exercise: we check where people are in relation to their own trauma. In order for you to be able to help people who have gone through trauma it is very important also to look inward and begin to look at your own trauma that you have been experienced in the past. So I think in conclusion I would like to say that we as people we must find a healthy balance to cope with the effects of vicarious trauma on our personal and professional lives. We need to develop mechanisms and strategies to use so that we can to be able to continue to provide the good services that we provide to our communities and to our clients. 11.6.3 Presentation 3: Sector specific Guidelines and a Monitoring and Evaluation tool for the implementation of the Draft Integrated Victim Empowerment Policy in line with the Service Charter for Victims of Crime, Ms Elaine Harrison, Chiastolite Professional Services My aim with the presentation is really to share with you an overview of the process and experiences of developing a sector specific monitoring and evaluation framework for the implementation of the Victim Empowerment Policy that we did in consultation with the Department of Social Development. My focus however will not be so much on the content. I would like to talk about the process and especially the implementation of the M / E framework. Against the background of steps that are needed to be taken to implement this framework is a fact that we should have had the M / E plan ten years ago, when we started planning the VEP and the programmes. But only we started looking last year at the monitoring and evaluation plan. From an NGO’s point of view I’ve just done a project where we did a survey on child headed households and it was appalling to see the state of both government and NGO databases because they do not have the systems in place to capture data and to monitor data. However we now have an M / E framework that we can start implementing. Note thought the challenge is really for all planners of policies and programmes to make monitoring and evaluation a core component of the planning process. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 72 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference The guidelines focus on the international responses to victim empowerment, national responses, the DSD responses and the people who work under the M / E conceptual framework. The monitoring and evaluation conceptual framework we used was based on this definition: ` Monitoring and evaluation is a systematic planned and replicable process of collecting critical data that generates management information about progress towards achieving defined programme outcomes in order to guide decision making. You can see my focus is on guiding decision making because often we use monitoring and evaluation data to control and to account for actions; especially in terms of donor funding. But very often if you ask what happened to the proposals that came out of monitoring and evaluation data you see it’s nowhere reflected to continuous decision making and that it is not used to adjust programmes. Why we need M / E? What is the purpose of it? Accountability to stakeholders is an important part of the M / E process, as is sharing information with partners. Advocacy is another important element for having monitoring and evaluation data. Many of us will agree, especially after the case study and panel discussion of yesterday, that stakeholders coordination and an overall improvement is really the purpose for the need to monitor and evaluate. We often reflect on a list of achievements. If we have opened ten shelters in the past year, is this good or is it bad. Some will say it’s excellent, it’s ten more that we had. If we wanted ten, then it is a 100% improvement. In fact we actually need hundreds if not thousands. That is why it’s critical that we use monitoring and evaluation to really tell us how we perform in terms of our pre-set goals. Another reason for monitoring and evaluation is obviously to detect problems timeously. If we look at the M / E model that we’ve used and in the ultimate indicator matrix, we’ve used this model where we work on input processes, outcomes and impacts and the related indicators. It was very interesting that with the victim empowerment policy and programme, the focus was very strong on process indicators and all the discussions yesterday confirmed that for monitoring and evaluation - that we are concerned with the approach to victims. How do we service clients? Are our processes really supporting the victims or are they becoming traumatized through our processes or through our services. So in the monitoring and evaluation indicators matrix that we drafted the table cross references to key programme areas which are the five components of the model. We then subsequently developed indicator definitions for each of those indicators that were developed. A few important aspects related to the implementation of M / E plans: It is a long and difficult process to implement a M / E system It is a very costly process. Five important steps related to the implementation of M / E plans: The M / E plan is a living document and has to be reviewed vigorously and timeously. Secure M / E human resources. Most of the people in the sections who work with this are mostly people in civil society organizations who are in other posts and they have to do the M / E over and above their usual work. The technical aspect is to develop the indicator in the protocol sheets that really provide a standard for monitoring and evaluation. It should be a collaborative approach and it should not be merely one person in an office developing the tool so as to ensure that everybody who’s involved in the data collection understands why the data is critical. Further that the emphasis on the data is critical for decision making and for programming improvement purposes and that it is not just a lot of data that we have to submit to national office every month and one does not the end result. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 73 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Partner with people who have knowledge and experience in the field of data collection. Capacitate staff for data collection. Part of the process is capacity building as it is important that before a process is commenced that there is a common understanding of the model that will be used and that everybody knows how their input contributes to the ultimate outcome. In conclusion, the sustaining of the M / E system is done by means of five main factors: First of all you need to have a champion. You need to have somebody in your organization who’s passionate and who can really inspire other people about the use and need of monitoring and evaluation. Secondly you need to ensure that there is a downward flow of M / E information. I believe the complaint in the social services sector for many years has been that, ‘we give data but we don’t get anything back.’ The third one is to ensure that M / E information is used to make decisions. The fourth factor is to require explicit feedback on how programme decisions have been influenced by M / E information and that this needs to be made visible to all staff members. Finally to monitor your own M / E system especially in terms of data quality. 12. Summary of the Commissions held in the Fifth Session 12.1 Commission 1: Theme 5: Research 12.1.1 Presentation 1: Research. An innovative methodology to assist victims of crime at trial phase, Ms Karen Tewson, NPA The definition of court preparation is the process of familiarising a witness with the court environment, legal processes and legal terms at the appropriate level, so as to address their fears and concerns about having to testify and without going into the merits of the matter. Ke Bona Lesedi: NPA Court Training Preparation Programme is conducted over a period of five days and is divided into four sections. Section one: deals with theory relevant to court preparation and important related issues. Section two: covers the implementation of age appropriate court preparation programmes. Section three: addresses assessment criteria and the compilation of a portfolio of evidence. Section four: Has a facilitator’s manual. PEACE Model is an acronym for: Plan and prepare: Receive booking sheet Arrange attendance Determine age and relevant programme Prepare relevant equipment / files Engage and Explain: Rapport building Inform prosecutor Conduct orientation Take witnesses to office Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 74 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Discuss aim and content Identify and address fears and concerns Ice breakers Discuss role players and processes Helpful hints Competency test (as applied to court prep) Role play (if time allows) Explain the next phase Provide refreshments Provide a transitional object Protection skills Take witness to prosecutor Account Introduce witness to prosecutor Give account to prosecutor re the court preparation session Prosecutor consults with witness Take witness to court Inform witness of possible delays if necessary Ensure transitional object is taken into court Witness testifies (supported by court preparation if necessary) Closure Receive witness back from court Provide containment Provide information (re next trial date, reasons for postponement, witness fees) Refer to appropriate organisation (if needed / available) Obtain consent for referral Make appointment Accompany to obtain witness fees Arrange for transport if needed Evaluate Conduct self-evaluation – take corrective measures Complete daily / monthly statistics Quarterly assessments in line with performance contracts EWP (debriefing) – where applicable Complete administrative duties Obtain booking sheet for next working day An evaluation by a team of experts of the PEACE model includes the impact of the programme on the witnesses as well as the standard of the training and the model has been in operation in the following processes: 145 court preparation officials (CPO), 4 Managers, 65 courts, 3695 witnesses per month, and over 88 thousand witnesses to date. The challenges are: Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 75 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference ●Need to standardise court preparation nationally ●Minimum Standards pending o Do not go into merits of the case o Do not offer trauma counselling Need to ensure a coordinated approach between court preparation officers and prosecutors / SAPS / NGO / others. 12.1.2 Presentation 2: Sexual Assault - Economic Loss Survey: Methodology, Objectives and Observations, Mr Bryant Greenbaum, Barrister and Solicitor The current situation is that the court may, but does not necessarily always, consider losses incurred by women as victims of crime. When these are considered they are almost always limited to questions of pain and suffering. How can one quantify pain and suffering? Regrettably, research focused on economic losses. Pecuniary losses are quantifiable and include (but not limited to) medical expenses, transport expenses (to and from hearings, including people accompanying victims), loss of earnings (when attending hearings or medical / psychological appointments), relocation, and other similar expenses. Note that a compensation order incorporating (in addition to considerations of pain and suffering) the economic losses may be transformed into a compensation order attached to the sentence. There are three options for economic compensation for victims of crime: Social distress relief grants for victims: Should be widely advertised to ensure access by victims The offender compensates the victim from assets owned by offender: Not all victims have sufficient assets to cover expenses incurred Victim Compensation Fund – to be set up by the government A similar fund set up by the Indian government may be used as a model Apparent reluctance by the South Africa government to set up such a fund; various attempts have been made over the years but have not come to fruition. It is very important that the victim VEP must be seen to be neutral and it might mean that the VEP should operate outside Criminal Justice System. It is also very important that VEP should incorporate traditional systems and co-operate with traditional institutions. 12.1.3 Presentation 3: Governing effect to the Rights of Child Victims in the Criminal Justice System, Ms Samantha Waterhouse, RAPCAN The CJS must address three layers to meet the needs of children: • Needs of victims of trauma o feelings of helplessness, anger and loss. o restoring control, ensuring safety, building safe emotional environment. • Needs of sexual offences victims Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 76 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference o feelings of humiliation; shame and victim-blaming o Through specialised knowledge, sensitivity and skill. • Needs of child victims o Their different cognitive capacity, dependence on adults and extreme social inequality; extreme fear and anxiety. This' is done through knowledge of child development; child appropriate facilities and procedures; and in addressing the needs of care-givers. Between 2004 and 2007, 82 000 sexual offences against children were reported to the SAPS. This represents just under half of all sexual offences reported in that period. These figures must be understood within the context of under-reporting. MRC and CJCP data indicate that about 10% of cases are reported to the police. The rate of reporting’s by children is likely to be lower than that of adults and thus the extreme vulnerability of this group is clear. Our rights framework for children provides for: Dignity Non Discrimination Freedom from Cruel, Inhuman or Degrading Treatment Best Interests of the Child Child Participation The State is obliged to uphold these rights and any limitations must be carefully considered. Children’s rights in practice Children’s dignity rarely is a consideration in the system as children are routinely humiliated through the investigation processes and the court processes. Children participation in the decisions affecting them is non-existent or tokenist at best. The “best interest of the child” principle is poorly understood and the interests of the criminal justice system are routinely prioritised. The rights of accused are promoted without being balanced by / weighed against the rights of the child/victim. Key developments in the Criminal Justice System through legislation, policy and good practice: Reporting requirements Many developments in addressing the rights and needs of children in policy documents. But there is a historical failure to ensure enforceability (e.g. Victims Charter, NPA directives). Enforceable policy directives have not been properly implemented and divergence is common (e.g. SAPS National Instruction). Sexual offences legislation provides an important opportunity for monitoring and accountability. Due to layers of vulnerability and specific needs, specialisation of services is essential to protect children’s rights. Specialisation of services SAPS, NPA and Health have developed specialisation models. Some of these models have been shown to decrease victimization and improve investigation outcomes. Regrettably these specialization models are not universally available. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 77 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference There is no dedicated strategy for the necessary scaling up, with the result that this is gradual or non-existent. It is generally dependent on donor funding. Medico-Legal services Medico-legal services are generally unspecialised, the examinations and treatments are undertaken by general medical personnel. Efforts within DOH to specialise are weak. Research into Thuthuzela (one stop) centres shows dramatic improvement of early care and treatment of victims. Courts prosecuting Thuthuzela cases have low rate of prosecution (12%) but higher prosecution to conviction rates (83%). Other SOC’s 65%. The NPA, Unicef and Danish Government are planning to extend the number of TCCs from ten (March 2007) to twenty two by the end of 2009. Policing the structure of CPUs and FCSUs incorporate many elements of specialisation. o o o o o Police investigation SAPS restructuring has undermined many of these elements: Specialised knowledge of management Victim and child friendly facilities Training systems for members Some personnel are required to operate as general detectives Resources reallocated away from these “priority crimes” o o SAPS restructuring has strengthened: Access to services Potential for up-scaling Dedicated courts and court process Research shows that ‘blueprint compliant’ Sexual Offences Courts substantially improve access to justice. Sexual Offences Courts have a higher prosecution to conviction rate than ordinary courts (65% vs 50%). Management of specialisation within the NPA is strong but undermined by Department of Justice’s management of these courts. Quality of services in terms of protection of children from victimization varies considerably. Potential for protection is strong but not guaranteed. The rights of children have not yet been entrenched in the ethos of these services. President Mbeki committed to the continued development of the process, but Minister Mabandla has put this on hold. Court Preparation Services are Historically, court preparation services are provided in a small proportion of courts by CSOs, while NPA undertook to provide these services. Elements of specialisation in terms of local management and resources are concerning. The priority of these programmes (government or CSOs) must be the promoting of positive social and emotional outcomes for the victim first and the system second. CJS historically do not prioritise the needs of victims. There is an imperative to ensure that these services continue to promote/advocate for the rights of children/victims. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 78 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Court procedure and evidence In spite of the positive developments by SAPS and the NPA, discrimination against children in court is entrenched and children’s rights are peripheral. Mechanisms for protection exist but are underutilized. Victimization that is entirely preventable is allowed in the name of the needs of the court and the rights of the accused through the non application of protective measures. New Sexual Offences Legislation has failed to address this and this has now been referred to the constitutional court. The National Policy Framework in SO legislation provides an opportunity to improve procedures from reporting through to the trial. The critical importance of emotional support through counselling and therapeutic services to children and their care-givers is unaddressed. Psycho-social support. Duty’ of State to provide this is not acknowledged. Quality counselling services to children are insufficient and provided only by CSOs. Current victim support services at the front end do not address the specific needs of children and are not sufficient. Poor management of these services results in further victimization. Recommendations: Promote and integrate a practical understanding of children’s rights for all service providers. A comprehensive government plan to ensure resources for the development of appropriate specialised services for all child victims must be developed. A comprehensive plan is needed to strengthen and scale-up Thuthuzela Centres, FCS services, SOCs and Court Preparation Services across the country. Specialised services to child victims must be prioritised in National and Provincial budgets. Capacitating for quality management of all services must be prioritized Necessary counselling must be made available for children and primary care-givers. (Delivered by CSOs with government funding). A mechanism for NPA/Justice to fund support services by CSOs is necessary. Adverse performance targets must be addressed – Crime prevention must not be measured by reporting rates. Systems for accountability and monitoring of services must be strengthened Discrimination against children in court must be addressed through legal challenge and legislation. Sexual Offences legislation National Policy Framework must incorporate victims rights/needs. 12.2 Commission 2: Theme 5: Research 12.2.1 Presentation 1: Victim Policy and Crime Prevention An assessment of progress, Cheryl Frank, RAPCAN As a starting point, the ideas of today’s presentation are published in a booklet that some delegates have. It is entitled “Quality Service Guaranteed? “A review of the victim policy in South Africa.” This document focuses on the VEP, the Victims’ Carter and the NPA Units’ protocol, and on victim management. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 79 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference This presentation generally takes that debate further and speaks to crime prevention more specifically. RAPCAN’s focus areas include: the promotion of preventive and responsive services to child victimization and offences against children. Its activities encompass direct services to children and families, training, development of resource materials and advocacy. It delivers court preparation services to over 4000 people annually in Sexual Offences Courts and trains over 3000 people a year; these include professionals and non-professionals. Also provided are advocacy and research relating to: the Children’s Act, the Sexual Offences Act, and the Child Justice Bill. The organisation develops resource materials such as the Healer’s Package and the Child Witness Toolkit to improve the quality of services delivered by other organisations. The high level of crime victimization in South Africa, especially in relation to violent and sexual offences requires of us to have a strategic response to crime prevention. The role of social policy in relation to crime victims is an important avenue for the promotion of crime prevention. This paper will also provide a critical assessment of crime victim policy in South Africa from a crime prevention perspective. Focus areas of the presentation In the presentation I will look at the victim policy and how it does or does not address crime prevention. There are those who say that we need to forget about policy and move to implementation – however I believe that we need to have a critical review of what our policy gives us and whether that is enough to provide to for crime prevention. I want to speak to what I mean by victim policy; it is the body of formalised policy and legislation that is implemented in response to crime and victimization. However it covers a broad range of aspects and we need to analyse this body of information and ask whether it serves the needs of victims and if it serves the crime prevention agenda. I use the UN definition of crime and crime prevention: “Crime prevention comprises strategies and measures that seek to reduce the risk of crimes occurring, and their potential harmful effects on individuals and society, including fear of crime, by intervening to influence their multiple causes.” Source: United Nations Guidelines for the Prevention of Crime. The National Crime Prevention Strategy, 1996 had the following to say about the links between victim policy and crime prevention: “Victimization itself lies at the heart of much retributive crime and the absence of the means of victim aid and empowerment play an important role in the cyclical nature of violence and crime in South Africa. Whilst victim aid is often regarded as a remedial rather than preventive measure in dealing with crime, this view is dangerously misleading. Victims of past or current criminal activity, if untreated, frequently become perpetrators of either retributive violence or of violence displaced within the social or domestic arena.” Source: National Crime Prevention Strategy, 1996. I believe the above approach still holds. In terms of the purpose of victim policy, internationally it is accepted that there are three central functions of victim policy: To give effect to the rights of victims. To respond to the needs to victims. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 80 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference To promote crime prevention. My central proposal is that if we achieve the first two, then we will succeed with the third. Accordingly, in the rest of the presentation I will give attention to the rights and needs of victims. The Needs of Crime Victims This refers to those considerations for crime victims which are guaranteed by the state. I would like to quote from a book by Howard Zehr: “Why is crime so devastating, so hard to recover from? The reason is that crime is in essence a violation: a violation of the self, a desecration of who we are, of what we believe in, of our private space. Crime is devastating because it upsets two fundamental assumptions on which we base our lives; our belief that the world is an orderly, meaningful place, and our belief in personal autonomy. Both assumptions are essential for wholeness.” The research concerning victims tells us that their needs encompass the following: The need for access to justice and fair treatment. The need for contact with the criminal justice system. The need for safety. The need for information. The need for assistance and services. The need for continuity. The need to have a voice. The need for validation and acknowledgement. The need for restitution, redress and apology. In terms of yesterday’s case study and panel discussion, people want to be able to tell their story and they need people to accept their story. Thus the victim should not have to tell her / his story to numerous persons / officials as they move from government department and one service provider’s office to the next. They also need validation and acknowledgment, and of their feelings. The Needs of Crime Victims: South African Policy Framework The needs of crime victims are not at the centre of our legislation and policy as there are often competing interests i.e. the needs of victims and the needs of the criminal justice system in having the offender prosecuted. A further example of this is that the Sexual Offences Act makes no provision at all for access to counselling and therapy. It takes a ‘one-size-fits-all-approach’ and negates the individual experience of victimization and the different needs of different victims e.g. children, and the elderly. The Rights of Victims This refers to considerations to victims of crime that are guaranteed by the state. The constitution is silent on the specific issue of victims of crime. It does, however, provide for the ‘right to bodily and psychological integrity’, and ‘the right to freedom and security of the person’, which includes the right ‘to be free from all forms of violence from either public or private sources’ and ‘not to be treated or punished in a cruel, inhuman or degrading way.’ The legislation such as the Domestic Violence Act, the Sexual Offences Act and the Children’s Act form part of the policy framework relating to victims of crime. But, they respond to the imperatives Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 81 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference in the constitution in varying ways (e.g. The Sexual Offences Act provides no guarantees for counselling or therapeutic services for victims; no provisions for prevention, while the Children’s Act is specific about prevention and early intervention). Generally, there is a great dissonance in the legislative framework in terms of whether it is set up to meet the needs of victims. I have concerns about the VEP as it is a very broad programme. I also have concerns about the VEP and the Victims Charter as they are weak instruments for delivery on rights; they provide no guarantees and are very susceptible to change. Yet the Charter has greater status in the eyes of the government presently. The status of key victim policy documents is problematic. The rights claim of the Victims Charter is questionable in that it makes the claim for a victim’s rights to be ‘available’ in existing services. Yet it does not put an obligation on government to provide the services. Policy may not be enforced, but the law needs to be enforced. Therefore legislation is needed in such instances. Further, policy can change as administrations and Ministers change. The relationship of these policy documents to each other has not been articulated (the VEP is much broader and more comprehensive than the Victims Charter). The policy documents provide competing sets of service standards: The NPA Uniform Standards, the Victims Charter and the VEP are not integrated and none provide measurable minimum standards. None of the policy documents create systems to ensure the accountability of service providers such as complaints mechanisms etc. Important issues that relate to implementation: Access to services Quality of services } These are two central themes } Some further issues: Insufficient funds and capacity to deliver on policy and legislation The unequal ‘partnership’ between government and civil society The reliance on voluntarism The absence of systems of accountability The myth of inter-sectoral cooperation The tools for managing victim policy are absent These are the recommendations that I would like to purpose: Create legislative guarantees for access to services for victims. Rationalise victim policies and clearly articulate its purpose and the minimum standards. Orientate services towards the needs of victims (no ambivalence should exist in this regard). Improve government and civil society relations and government funding to civil society. Create frameworks to address and enable voluntarism (stipends, training, accreditation). Create systems to ensure the quality of services (minimum standards, indicators, monitoring and evaluation systems; client satisfaction surveys). Establish the tools and systems for managing victim policy (accountability systems; standards; research victimization trends, etc.). The policy is not enough – there should be guarantees. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 82 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference The focus on the inter-sectoral issues should not be at the expense of quality and depth within individual government departments. The focus going forward should be on the role of civil society to include that of being overseers of the needs of victims and to also include the role of advocating for those victims that are received. 12.2.2 Presentation 2: DSD Strategy on the engagement of Men and Boys in the prevention of Gender Based Violence, Mr Fikile Faltein, DSD The Resolution of the United Nations Commission on the Status of Women (UNCSW) is the document that forced the DSD to look at the issue of engaging men and boys in the issue of equality, with a focus on gender violence. In 2004, UNCSW held their 48th Session on the status of women and identified two thematic areas, namely, 1) “Involvement of Men and Boys in Gender Equality”, and 2 “ Women’s equal participation in conflict prevention, management, and conflict resolution and in post conflict peace building”. DSD was mandated to provide a position paper and to lead the theme on the involvement of men and boys in gender equality. At that time we did not have information on this issue and we obtained information from provincial departments and from NGO’s. This enabled the DSD to take the process further and to be better prepared. The DSD also ensured that a number of future delegations included representatives from the provinces and from the NGO’s to ensure that they could assist in taking the process forward. The resolutions of the UNCSW were: Encourage and support the capacity of men and boys in fostering gender equality. Encourage and support men and boys to take an active part in the prevention and elimination of all forms of violence, especially gender-based violence (including in context of HIV/AIDS) Increase the awareness of the responsibilities men and boys in ending the cycle of violence, through the promotion of attitudinal and behavioural change and to recognize that men and boys also experience violence. The above were the resolutions of 2004, but in 2005 the DSD undertook the ‘National Men in Action’ campaigns that went country-wide to all provinces. This was also to get a sense of the problems in the programmes run by government departments and by NGO’s. From this exercise DSD learned a great deal about the implementation of gender related policies, among others. This campaign was also used as a build up to the National Summit on the Engagement of Men and Boys in the Prevention of Gender-Based Violence. This Summit subsequently formulated the framework for the strategy to be developed in 2006. The organisation, Gender Links was commissioned to assist with the finalisation of the strategy. Having developed a final draft it was decided to familiarize the stakeholders and the National Workshop was held in February 2008. A number of additional areas were identified and included. Thereafter DSD developed the final draft of the strategy in April 2008. The document provides for a strategic framework that encompasses: Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 83 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference The strategic process as well as a situational analysis which includes data and conditions on the ground as well as a situational SWOT analyses in the VEP and regarding the issues of men and boys. The policy context to ensure that there are no contradictions. The vision on which this strategy is based is that of a society in which women and men are able to realize their full potential and to participate as equal partners in creating a just and prosperous society which is free from gender-based violence. This vision is based on the vision of gender equality and that of facilitating human development and improving the quality of life for all South Africans. The mission is to develop an effective framework to guide the development and implement the programmes that aim at encouraging the active participation of men and boys in the prevention of gender-based violence within the social development sector. There are goals and programmes to facilitate and consolidate the partnership between the Department of Social Development and Civil Society Organisations that render services to men and boys in relation to gender equality and the prevention of gender-based violence. DSD will also look at the development and implementation of programmes and services for the engagement of men and boys in prevention of gender-based violence. The Way Forward • • The strategy will be piloted for six months during the course of 2008 and the process will assist in developing better programs and policies. It is expected of provinces to come up with their own implementation plans based on the pilot strategy as they look at the challenges within their provinces. This is because provinces do not all have the same challenges. 12.2.3 Presentation 3: Empowering Victims (Former Combatants) through the National Peace Accord Trust’s Ecotherapy, Dr Matshike, NPAT Ecotherapy Programme The programme was established in 1993 with the on former combatants against apartheid and former self protection units and self defence units. These former combatants come from a context of violence in which they were both perpetrators and victims. We tend to forget some of the traumas of the former combatants and how they cope or in fact do not cope with such trauma. Some were traumatized by their own violence together with the violence that they experienced from the security forces and their own communities. As a consequence many of them have been left traumatized and alienated from their communities. The presentation will focus on these areas: What was the situation before the programme? The process and content of the programme. The reason why for participation in the programme. The results of the programme. The psychological Profile Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 84 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference They feel that they have made a contribution to the freedom in South Africa. They also feel that in order to do this they made sacrifices such as leaving school and post- school training. They did however expect some reward for their efforts but there were no rewards. They feel as if they have been forgotten after their role in liberating the country and the anger they feel translates into feelings of powerlessness. To such an extent that even when there are programmes such as learnerships they feel that these are too difficult to access and should be brought to them. At this stage we try to tell them that the more they blame the politicians the more powerless they become. Such an approach generally results in alcoholism and crime and an attitude of: “If they won’t give me rewards, I’ll take them.” This attitude is sometimes adopted by people who are ‘hungry to the bone.’ A further disturbing attitude is that if the government does nothing about it, “We will dig up our weapons and make the country ungovernable.” They feel that only one man can save them, viz. Jacob Zuma. What the national peace accord does is to take former combatants to Matlapeng in the Magaliesburg. The approach is that we are all part of nature and it provides space to be with of nature and to be with oneself. This experience often provides healing at many levels. It is a four day programme that encompasses a number of processes from the preparation prior to starting the programme itself and includes discussions and discussion groups, a 24 hour period of being alone (‘solo fast’) in the bush where one has time for reflection. Also, thereafter there is opportunity to talk about what the 4 days have accomplished and in this way the former combatants begin to heal their violence-induced trauma and also they acquire some anger management skills. In addition, they learn how to deal with certain anti-social behaviour which sometimes includes criminality. Results were that most said they: Learned to forgive their enemies. Acquired anger management skills. Gained confidence to become responsible for their destiny. Changed their attitudes to crime. They also feel that they had better luck; this can be linked to having more confidence. Conclusion The programme gives more power back to the victims and this is important in their lives. Further, not only is it important in their lives it is important in society as a whole that the former combatants receive such assistance. 12.2.4 Presentation 4: Trafficking of Children in the SADC Region, Ms Joan van Niekerk, Childline Childline is very concern regarding the issue of trafficking, as are our SADC partners, who have reported that they are already experiencing an increase in such trafficking. Regarding trafficking in children and people, the research in South Africa has been very piecemeal which entail small isolated studies which really do not provide any insight into the extent and nature of the problem. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 85 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Therefore we cannot say where there has been an increase or a decrease in trafficking. However, broad generalisations have been obtained from these studies to develop policy and mechanisms to deal with trafficking. The various studies have no uniform definition of trafficking. This means that it is difficult to compare study within countries and also across countries. From a Childline Crisis Counselling perspective it is difficult for us to determine how many children have been trafficked from the number of children who call our line and use our other services. Children (and most adult callers to the line) do not understand the concept of trafficking and hence it is a term they do not use. Rather they report exploitation through sexual abuse, domestic labour, and so forth. It is only after we have had some contact with them that we realize that this is a situation of trafficking. Hence sometimes we do not have the information and thus it is only after the child has been referred and is has been assisted by other role players, who have the responsibility for deeper investigation, that we discover that the child has indeed been trafficked. We have experienced both cross-border and intra-border trafficking but not in large numbers. However we do experience more in-country movement of children than across country. We have experienced a huge gap in international services in cross-border trafficking. Thus if a child has been trafficked to Mozambique and the child contacts Lifeline, we experience great difficulty with international social organisations in obtaining the return of the child. Furthermore, we have also encountered trafficked children who resist official intervention as they do not want to go home as they feel that they have more opportunities in South Africa. Child Helplines in the SADC region: We are part of net work of organisations in countries in the SADC region. We met in December 2007 to look at trafficking and decided to plan for 2010 (World Cup) and beyond because of the frequently expressed concern that the trafficking of children may increase over this period. Decisions made: To do a rapid assessment of the legal position in relation to trafficking and children. To do a rapid assessment of services for trafficked children in the SADC region. To develop a plan of action for 2010 and beyond that would include both prevention and management strategies and extend across borders. The rapid assessment allowed us to identify the roles of Child Helplines in the SADC region: To listen to children who have been trafficked and to take their experiences seriously. Offer counselling to children who have been trafficked. Link trafficked children to child protection services including social services such as educational institutions, safe homes, rehabilitation centres, medical care, or any other basic need facility, as well as police and prosecution services. Regarding these latter organisations and trafficking; our experiences have not been great because of the slowness of the criminal justice system. Their needs to be addressed and this conference should also address the issue. Use information collected from trafficked children to inform other child protection organizations. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 86 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference We believe that we have a responsibility to design and implement projects that prevent child trafficking by means of school and community outreach programmes. Our partners include organisations such as RAPCAN. Reunite trafficked children with their families when appropriate (in partnership with other child focused organizations). This rapid assessment process identified the following problematic issues (many of which are really obvious!): SADC networks dealing with trafficking are not strong and sometimes do not include national role-players. This contributes to a lack of national coordination within and across countries. A common definition of trafficking is not used in either research or practice; this makes reliable knowledge of the extent of the problem and service delivery issues difficult to quantify and assess. Media attention to specific cases of trafficking is intense and this may skew perceptions of the extent of the problem. For instance, the media focuses on one case but in so doing diverts attention away from other aspects of the problem. High levels of poverty in the region contribute to the problem. High levels of unemployment also contribute to the problem. Inadequate or, as in some countries in the region, a complete lack of social services for children and families. Most countries reported an inadequate or a total lack of legislation clearly criminalizing and dealing with trafficking in persons. Also inadequate law enforcement capacity. Clearly implementation remains a problem for all of us as we have seen at this conference. The uncertain political situation in Zimbabwe and the accompanying violence, food scarcity and poverty is a contributing factor. The following recommendations emerged: A “library of research” on child trafficking across the Southern Africa region should be established and an analysis of available information should be done in order to identify gaps in information and direct further research. A catalogue/directory of resources should be developed to facilitate networking and once again avoid duplication and gaps in services to children who are victims of trafficking. A monitoring and evaluation processes should be developed to identify good practices in the region, inclusive of research and prevention and management practice. A referral system should be established between Child Help-lines and other organizations in the region. Further recommendations: Enhance the mobilization of people to protect children when “traditional” child protection officers are involved in other duties; this may happen in 2010 with SAPs being deployed to other perceived, more important areas. Already we have lost our SAPS ‘Child Protection Units’. Need to educate and target the media to report responsibly on child trafficking. Need to promote specialized child protection units. Strengthen international social services. Developing some multi-lateral and bilateral agreements with regard to service delivery. Lobbying the IOM for their greater interest in and commitment to children’s issues, as most of their actions seem to be focus on adult issues. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 87 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Recommendations specific to the 2010 world cup: Ensure that appropriate legislation is in place before the event. Our trafficking legislation was commenced almost a decade ago and is still not finalized. Train volunteers to keep an “eye on the child” and relieve the burden on security and police forces which are likely to be diverted into player and team security. Create child friendly viewing areas or lobby for children to remain at school and have viewing areas at school. The Department of Education is considering that schools be closed during the 2010 World Cup; schools holidays are a time when we experience a dramatic increase in calls from children. The increased burden on public transport in 2010 might also leave children more vulnerable to all forms of exploitation. This remains a work in process: The Child help lines involved in the rapid assessment are committed to establishing a regional networking, referral and service delivery process and directory. We want to establish a protocol for interaction between the various Childlines that conforms with the ethics of child protection. The focus of prevention and management must extend beyond 2010. We would like to have some feedback from delegates. Trafficking in Body Parts: We are presently involved in a study in the cross-border trafficking of children for the use of children’s body parts; Childline South Africa and the Human Rights Foundation in Mozambique are busy with such research. This research is at a midway stage and the focus has been on Limpopo, Mpumalanga and the Free State due to the availability of researchers in the provinces. The research has uncovered that there is much more abuse of children than what had been previously believed. The report should be ready and available by the end of 2008. 12.3 Commission 3: Theme 5: Research 12.3.1 Presentation 1: What working with violent men has revealed about intimate partner violence in South Africa, Ms Venessa Padayachee, NICRO The presentation commences with an historical background into NICRO’s work with intimate partner violence and it is hoped that through this presentation it will deepen your knowledge and address some of the gaps that we still need to get to terms with to understand this complex phenomenon. In this regard we have been working in the field for over two decades. I will also look at what we have to know in working with intimate partner violence in general and in working with intimate partner violent men. I need to reiterate that at the outset that we know that as both can be victims, similarly women and men can also be perpetrators of domestic violence. This particular presentation will look at the methodology of working with intimate partner men specifically. Due to time constraints there are Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 88 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference aspects that will not be overly dwelt upon, including the theoretical framework. The paper is available for those who are interested in more detail. The presentation looks at the work done with intimate the partner violent man as a specialised area of work, as well as briefly looking at some links between domestic violence and substance abuse, the links between domestic violence and rape and sexual coercion. In addition, the key elements of a programme with intimate partner violent men is examined together with a brief outline on what the NICRO framework looks like so that you can get some idea of NICRO’s approach and its intervening for behavioural change. History of NICRO Going back to the late 1980s NICRO, was one of those organisations that pioneered the battered woman’s movement; this was initiated in Cape Town. There was a lot of advocacy and lobbying around domestic violence and domestic violence legislation. All of which resulted in the new Domestic Violence Act 116 of 1998. We also had a NICRO woman’s support centre that was actually quite a resource for organisations working with domestic violence. It offered a lot of training and education concerning domestic violence and the new Act 116. In 1998 NICRO decided to expand its focus and to broadly look at victims of crime. Thus we started establishing victim support centres at police stations, hospitals, clinics and community venues. We then set up a witness support project at courts, still offering counselling and even worked in schools around school violence. So we broadened our work, but I must say our case statistics reflected that we were still receiving 70% domestic violence cases, particularly intimate partner violence. Earlier in the session there was a presentation that dealt with monitoring and evaluation and obviously one builds this into one’s programmes. In this way we were able to review our work and were able to ask ourselves whether working with victims of domestic violence was the only way to deal with intimate partner violence. It was then that we started to look at working with perpetrators. It’s a relatively new area of work and the only other organisation that was also so involved was FAMSA in the Western Cape. We cautiously embarked on this project and started pilots in the Eastern Cape, Western Cape, Kwazulu- Natal, North West and Gauteng. In 2003 – 2004 we had a formative evaluation by examining how these programmes were being implemented. In 2005 we developed NICRO minimal standards for work with perpetrators of intimate partner violence and we are trying to engage with the sector about having these standards accepted. In 2007 we were again doing a review process and it is about this that I will be talking about. It’s based on internal reviews, internal evaluations, extensive literature, surveys, looking at minimum standards and 60 other standards throughout the world. We also looked at a global review that was done recently by Boonzaier in collaboration with the World Population Foundation. This exercise prompts the question: “If we look at South Africa currently and we look at intimate partner violence, what further strategies and interventions are needed and are currently missing to solve the problem of intimate partner violence in South Africa?” “And what do we need to know in terms of working with it?” These are critical questions. Do we know enough about the nature of intimate partner violence, do we know enough about the extent of the problem, and do we understand why men are violent in intimate partner violent relationships? And do we understand why woman are violent in intimate partner violent relationships? That is a very under-researched area currently. During this conference we have spoken at length about the causes of crime. What is the root causes of intimate partner violence? Can we change the behaviour of perpetrator? What should those interventions focus on and what steps are needed to ensure the safety of women and Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 89 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference children while these perpetrators are involved in programmes that are out of prison? Issues of risk assessment, dangerousness, how do we assess these aspects? What services and interventions need to be in place for women and children? Are children affected by intimate partner violence and if they are affected, and yes they are affected, are they adequately assessed and treated? Are victims and perpetrators adequately assessed and treated. What happens to the family in an intimate partner violent situation? Is there an opportunity at some stage to rebuild families? We’ve talked a lot during this conference about the family. Is there a place for a restorative justice initiative in intimate partner violence. But literature has shown there’s a lot of caution around using victim offender mediation as a primary intervention and using it early in intimate partner violence intervention. How do you work with communities concerning intimate partner violence, dating and violence. What are the prevention strategies and how do we create new notions of masculinity and femininity in South Africa, and is there an integrated domestic violence strategy in South Africa? I hope this presentation will address some of them but there are still going to be unanswered questions. The theoretical framework We still work with victims of domestic violence but what working with violent men has done is deepened our knowledge and understanding of the complexity of intimate partner violence. There are characteristics of perpetrators and there are determinates as to why men are violent and this has deepened our understanding. We have to understand that domestic violence is complex. If you look at how the Domestic Violence Act defines it, there is physical abuse, sexual abuse, emotional, verbal, psychological, isolation, and more. These are patterns of behaviour in most intimate partner violence situations and one is likely to observe a combination of the tactics instead of just one. If you look at intimate partner violence, what is intimate partner violence specifically? It is used to gain or maintain power or control over another. It is defined as being a pattern of assault and coercive behaviours including physical, sexual, and psychological attacks as well as econom coercion that adults or adolescents use against their intimate partners. Battering as it is referred to in North America involves a systematic pattern of violence, the threat of violence and other coercion behaviour tactics to exert power to induce fear and to control another person. The nature and extent of this problem we know is most pervasive and frequently lethal. We know it’s an issue of social and human rights. There has been an increasing number of women murdered by their intimate partners in South Africa. GAP says one woman every four days dies by the hand of her partner (2003). Studies in the US, Canada, Israel, Australia and South Africa, 40% to 70% of female murder victims where killed by their husbands or boyfriends. As I said it is important to note that it’s not only male on female violence but that males are also victims and they are presenting at our offices and organisations. As the Constitutional Court rightfully described it, all crimes have harsh effects on society but what distinguishes domestic violence, is its hidden repetitive character and its immediate ripple effects on society and particularly on family life. It cuts across class, race, culture and geography, and is more pernicious because it is often so hidden and so frequently goes unpunished. What’s important to point out is that the victim is trying to survive and the offender needs to change a complex long term pattern of abusive tactics and that is what is critical. Initial endeavours the world over have focused on women and services to women and given marginal attention to men who perpetrate the violence. So we can see that these programmes exist all over the world. I think this is important, what are the causes of this violence and why are men violent? Now the empirical field of the abuse of woman is theoretically diverse. It can be understood in terms of individual psychological factors, psychopathology or personality characteristics, a social learning approach Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 90 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference where violence is a learnt behaviour it can also be explored from the perceptive of gender power dynamics which is one of the popular ones as well as broader contextual and ideological factors. There are issues of alcohol and drug abuse, where alcohol and drug abuse are not causal factors but there is a relationship and is used often as an excuse for violence. It is commonly found that there is association between violence and heavy alcohol consumption and alcohol leads to cognitive distortion. Witnessing or experiencing violence in the family has an important impact. Bandura argues that behaviour both positive and negative is learned through modeling the behaviour of significant others in our environment. Now, that means that a child exposed to these kinds of behaviours in a family of origin can learn how to act violently. They also say that children often identify with the same sex, so young boys who watch their fathers are likely to emulate that behaviour. Relationship factors are also significant as there is a victim offender relationship, there is distressed relationship, and there is relationship power. There are societal and socio-cultural level factors where issues of age, socio-economic status, education, race, ethnicity, culture and patriarchy are actual risk factors for intimate partner violence. But to give the complexity of what we are dealing with and what kind of behaviour we are trying to change can only be done by means of assessment. There is no ‘one-size-fits-all’; every perpetrator and victim that comes through the door is unique and different. You have to be able to employ an eclectic approach when assessing and rendering and designing services and interventions. But there are common characteristics that have allowed us to design programmes where people can enter with a range of complexities. They say that intimate partner violent men have low self esteem, they are in denial about abusive behaviour, they externalize blame, there is dependency fear, they are unable to express themselves and express anger. There is poor impulse control, there is an internalization of the traditional role of the man who exerts excessive or rigid control and often plans abusive behaviour. He has feelings of isolation and he is pre-disposed to violence. I will go through domestic violence in the lives of children as it is important to mention that many assume that a violent man’s behaviour towards his adult victims does not present a risk to children. It does. All children in a domestic violent home are affected and they should be considered children in need of care. These are some of the effects: • Emotional effects Guilt Shame Fear Confusion Depression • Behavioural effects Acting out or withdrawn Over achievers Under achievers • Physical effects • Social effects Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 91 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference It is a range of effects and we have not begun to explore and accept how this impacts on children and what kind of interventions we need to be able to work with children. NICRO’s programme importantly tries to assess the victim or the perpetrator including the whole family. NICRO’s practical framework approach is that there is no one-size-fits-all. The key elements are: Assessment is critical: the perpetrator / victim / family must be assessed properly and this includes clinical assessment, risk assessment, and assessing the dangerousness of the offender. Victim safety: are safety plans in place for victims and children while the perpetrator is in the programme? Victim contact: one cannot just work with an offender. One has to be able to collaborate evidence with the victim and get the whole picture from both sides, the family, the significant others and the investigating officers. This information is critical to assess the perpetrator and his dangerousness. Changing the violent behaviour: by means of a specialised programme. After they’ve been through the programme which is a nine month programme and consists of over 32 modules, thus it is very intensive work. We use a cognitive behavioural approach, looking at criminal thinking areas, at how we can change cognitive distortion; if we can change the thinking we can change the behaviour. While the perpetrator is in the programme, the victim is in a specialised victim support group. The children are assessed and they receive interventions. We have a basket of programmes and as you can see it’s not just about the specialised areas, it is also about that which comes after. Should they wish to stay together and even if they don’t, there are children that they have to raise together which requires looking at the relationship. Parenting skills require examination and they need to look at what their role is in terms of being parents. We focus on family rebuilding and ultimately evaluation and the impact of that programme. These are the essential elements and are the key components of the programme. Assessment risk, the specialised programmes, the parenting programmes, the family, the work with children programmes, the preventive programme, the safety ambassador programme in schools that looks at the gender violence and a whole range of our youth empowerment programmes that children can excess. It is a combination and thorough assessment with which we develop a plan for each client that comes through the door. Not all services are rendered by NICRO, some of them are outsourced. Thus the content of the specialised programme are the areas that one needs to look at: the problem, socialisation, substance abuse, attitude values, and beliefs, understanding anger, understanding their own cycle of violence, look at their own defence mechanism, exploring their most violent incidents and going back to track why did it happen, what are the triggers, what are clues for violence, why are you being violent, psychological abuse, looking at the whole range of different types of abuses, understanding that violence is a tactic of control, practicing non-violent behaviour and victim empathy, feelings and emotions and the use a lot of cognitive behavioural techniques. There are the life skills which forms the last part: building healthy relationships and even spirituality. It is very intensive and this is what we have developed for the programme thus far. 12.3.2 Presentation 3: A critique of the VEP, focusing on its key achievements and related challenges, Ms Joy Watson, Parliament Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 92 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference I work as a researcher at the South African parliament and I head up a team of researchers. We are divided into different teams and my team looks at analysing legislation and public policy as well as the budget from the perspective of women, children and persons with disabilities. In so doing we provide members of parliament with a critical analysis of the issues of women, children and persons with disabilities. We try to be critical, not just for the sake of being critical but in the interests of enhancing government service delivery. I will look at the past 10 years or so in terms of the submissions that have been made specifically to the joint monitoring committee for improving the quality and status of life of women. I will also look at what women across the country have been saying in terms of the support provided to victims of gender based violence. I will research the Victim Empowerment Programme specifically in relation to the support provided to women who have mainly been victims of gender based violence. It is a shortcoming that the paper excludes the focus on children, but the submissions that we work with focus on women so unfortunately that is the data that I have to work with. The data is rich in a sense that it covers a relatively long period of time. We did not, however, conduct hearings during the period 2007 and 2008 - hence we have continuous data from 1999 to 2006. The value of this is that it comes from women across the country. The reports that I have drawn on come from about ten different public hearings or initiatives and this looks at a broad spectrum of women. It includes women in poor communities, women in rural communities, women’s organisations, and so there is value in terms of the voices that some of this data encapsulates. I’m not going to go into the theoretical contextualization of why gender-base violence is important because I want to get to the issues around the criticism raised around the Victim Empowerment Programme. However there are one or two things that should be said. These include the fact the unacceptably high levels of violence in South Africa. If we look at our gendered social order in a context where we have Jacob Zuma being tried for rape and we have incidents outside the court where systems, women and men are burning the picture of the alleged victim,that is problematic. It says something about the type of society that we live in today. If we have incidents as recently did occur at the taxi rank where a young woman wearing a mini skirt had her clothes torn off by taxi drivers it speaks to a very specific type of gendered social order. This occurs despite the progressive legislation in place and the South African, Constitution. We are experiencing some serious problems in terms of the relationships between men and women in our society. We know that Interpol and the United Nations have reported that in countries that have high records of incidents or rape, South Africa was the highest in the world and that it is exceptionally serious. So we need to locate violence against women in South Africa in a broader social cultural and political context and it must be looked at in terms of the social impact of the effects of colonialisation and apartheid where men resort to violence as a legitimate conflict resolution strategy. A study was done by the medical research council in 2004 where they looked at rates of intimate partner murders of where women are killed by intimate partners; we have one of the highest rates of vermicides in the world. This is because our men think that it is legitimate, to resort to violent behaviour and that it is a legitimate way of resolving conflict in the home. The guiding argument of my paper is essentially, ‘yes, there have been a number of achievements that can be attributed to the Victim Empowerment Programme.’ However notwithstanding this we see from the submissions women have given to the joint monitoring committee that essentially the state has failed women in terms of providing adequate support to victims of gender-based violence. The fact that we are all here today presents a strategic opportunity to engage creatively around how we address some of the problems that we are currently experiencing. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 93 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Recent studies have found that gender-base violence is so pervasive that it in fact constitutes a global epidemic. It cuts across geographic race, class and cultural boundaries and is a leading cause of injury amongst women and girl children worldwide. We have found with certain studies is that it has become so entrenched in societies across the globe that it has been used by the military to fuel the aggression of soldiers that need to go into combat. The masculine ethos of military institutions is often deliberately created through the provision of prostitution and pornography, which enables men to “other” women and to construct themselves as being masculine. So it was found that the use of prostitution in many forms is used to comfort and entertain soldiers and to work them up to maintain military aggression, similarly bringing sex workers in so that soldiers can engage in sex and often violent sex get them fuelled up before they have to go into combat. We saw this in Bangladesh in 1997 where it was reported that pornographic movies where shown to soldiers in some of the camps as a part of an attempt to work them up. Within this context, hundreds of thousands of Bangladeshi women where reported to have been raped by the soldiers. Similarly in the United States, a study looking of the US invasion of Afghanistan a society called the Miles Foundation found very similar trends. It found US soldiers where exposed to pornography and sex workers and this was used to fuel levels of aggression. And the reason I’m pointing this out is that we need to see these things in a context of a gendered social order where such behaviour is normalised and becomes part of what happens in many countries across the globe. Now whilst the Victim Empowerment Programme has reported a number of significant achievements, I will skim through these because I rather want to focus on some of the critics. It is necessary to celebrate the gains made in terms of providing support to victims. Essentially the most important achievement to date is the acknowledgement that we need, at the very centre of our initiatives, a victim centred approach. This did not just fall from the sky and therefore requires accolades for the work of the social movements and the victims’ rights organisations that work very hard and campaign to get important components included in our policy. The State is being receptive to incorporate such issues. We have so far: A draft-integrated victim empowerment policy. The creation of a National Directory on services for victims of violence and crime which is updated annually. The minimum standards for service delivery for victims of crime and violence which sets out quality assurance instruments for practitioners and reinforces the values of proficiency, professionalism and respect for victims. The DSD has also developed a women’s strategy which is a guide for gender sensitive service delivery to women. The strategy for engagement of men and boys in the prevention of gender based violence. We have in terms of the Cara funds, the criminal assets recovery account. The VEP has received in the last financial year R3, 3 million for victim support services. In terms of the proposals as to how to use the Cara Funding it’s intended that two new shelters will be built in KZN and Mpumalanga at a cost of R 500,000 each. Also, R 500,000 will be allocated to working with boys and men in terms of gender based violence and R 150,000 will be given to existing shelters across the nine provinces. This is fine but in the context of things like billions that we spent on arms deal the amounts allocated are not that great. Accordingly we need to see these amounts and these efforts in perspective. Challenges raised by women in relation to Victim Empowerment Programme. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 94 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Some of the general problems that women have been saying over and over again are that there is a lack of citizen awareness and education. On the whole, women do not know their rights in terms of the access to services that victims of gender-based violence are entitled to. As a result they have to contend with a myriad of problems related to bad service such as the lack of sensitivity of government officials. And to a large extent, the existing public awareness campaigns are mainly driven by NGO’s and CBOs. So we have a Victims Charter that sets out the rights of women. It is problematic when women are not aware of the rights contained in that Charter. Secondly, there are serious resource constraints, and we saw this yesterday in the case study. The legislative and policy frameworks for providing support to victims are meaningless without adequate resources appropriation to give effect to them. So the police and courts are impacted upon by this lack of adequate resources provision. This has been found in a number of studies and again it is NGO’s and CBOs who, to a large extent, end up using resources to provide things like shelters and other services. An important aspect is the increased vulnerability of poor women, particularly those located in rural areas. Most of the submissions note that the poverty and spatial location, women living in township areas and rural areas, exacerbate women’s experiences of vulnerability and trauma in the context of violence. In one submission, it was claimed that rural women experience and witness injuries ranging from burns from boiling water to severe head injuries, resulting in loss of hearing and sight. Steel pipes, sticks, knives, furniture, boiling water, fists, pieces of timber and kitchen utensils where all used on women in rural areas. Certain women in rural areas described men as being “professionals” in domestic violence as they would hit women on their bodies and not on the face so that the injuries are not visible or easily discernible. It was also claimed that where women are accused of infidelity, they sustain head and face injuries to render them “ugly” to other men. The most critical challenge facing rural women is their proximity in terms of access to services. There is also the lack of support to women who are victims of economic violence. The Domestic Violence Act is progressive as it acknowledges economic violence as a form of violence. Many submissions highlighted the fact that this manifests itself in many different ways in intimate relationships. This includes the withholding of money, the appropriation of money earned by women and throwing or threatening to throw them out of the home. Support provided to victims in terms of the VEP does not take cognizance of the importance of this kind of support and it tends to perpetuate the circle of abuse because you cannot easily leave your home if you don’t have access to resources that enable you to find accommodation, a meal etc. There are a number of court related problems that also emerged from the submissions. One is the low conviction rate. Women reported a negative experience of the court process in general and the low conviction rate of only 7 percent. It is unacceptably low and it serves as a deterrent for women to take cases to court. Then generally the negative experiences at court. We find that victims often back out of prosecution due to a lack of appropriate support. There are reports of women who wait for their court appearance in the same hallway as their assailant, which serves to exacerbate the experience and the trauma. The postponement of cases also adds to the trauma experienced and serves as a serious impediment to protecting women who are victims of gender-based crime. A recurring issue that kept emerging as a serious obstacle are the clogged up court rolls and the delays in forensic investigations. The Pretoria and Cape Town forensic offices are the ones used for forensic analysis and this can take an inordinate amount of time resulting in delays in hearing cases. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 95 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference There is a lack of adequate resources together with a need for more specialised courts that deal with domestic violence. The lack of prosecutors and magistrates that deal directly with domestic violence was consistently noted. There is a need for more support for clerks of the court as they are the first point of contact for many complainants. There is a need for training of court officials, magistrates and prosecutors. The current training programmes appear to be sporadic and not effective in some instances. And what we hear many women say is that prosecutors are inexperienced and unprofessional, and that they are ill-prepared. These aspects emerged as major impediments to the criminal justice. Thus they require urgent training in the presentation of evidence particularly in presenting scientific evidence in sexual offence cases. Concerning bail; there is a need to limit bail to persons accused of having committed specified serious offences, including rape. And there is the issue of sentencing. There is a need to provide maximum sentences for murder and rape with aggravating circumstances. In many instances, we still note that inappropriate statements are made by High Court judges and what appear to be inappropriately light sentences handed down in cases of rape and other forms of violence against women. An example of the above is the incident where two women under the age of sixteen where raped on separate occasions by a twenty three year old man. The second rape was committed after the accused had been arrested for the first incident and released into the care of his guardian. The judge listed a number of mitigating factors in the case, which included the fact that the complainants didn’t lose their virginity as a result of the incident because they were already sexually active. There are also one or two police related problems. There have been reports that the police are not maintaining the domestic violence register which they are suppose to do. It is very problematic in terms of collecting statistics around domestic violence because it is not regarded as a crime in its own right. Incidents of domestic violence are included among figures relating to assault, rape, and attempted murder. When police stations are delinquent in maintaining the register it makes it virtually impossible to collect statistics. There is also a lack of an integrated database in terms of setting systems in place to cross-check complaints such as the status of a protection order and to facilitate the tracking of multiple offenders. A database like this is necessary for the easy retrieval of information on offenders. Then there is the expediting of forensic testing, the police need training on how to properly collect DNA evidence and methods of preserving the evidence to facilitate forensic testing. There is a need to sensitise SAPS, notwithstanding some of the initiatives in place. Many women report dealing with very insensitive police officials and a number of submissions describe the police as being accusatory as they would ask questions like, “Why did you go with him”. “You should not walk in that area alone”. “You know what happens at shebeens, you should not have been there”. Why did you wash yourself” etc. When I sat and listened to the plenary presentations, I did not feel that strongly enough that we were extracting the criticisms and the problems in the VEP. If we are serious about giving effects to the rights of victims in a meaningful way, then we do need to engage more intellectually at extracting these criticisms and coming up with creative interventions to address them. I’m really hoping that in the course of the time that we have left at the conference that we can work towards doing that in the interest of improving what remains an essential and a very good initiative and a very progressive policy document. The policy is not worth much unless you can put it into effect. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 96 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 12.3.1 Presentation 3: Community Volunteer based services and Victim Support in the Western Cape, Ms Kathleen Dey, The Rape Crisis Cape Town We choose a case study for the presentation because case studies present ideas for action. We felt that this was a fantastic opportunity to share with people in different parts of the country - what was working, what was not working, what communities have learnt and how it made a difference for them, how that inspired us and also to get your advice on the future sustainability of our project. This focus group consists of largely volunteers who support victims at police stations. Prior to the year 2000, NGO’s really became frustrated with the system of victim support volunteers and we were requested to do training. We found a high turnover of volunteers doing victim support and we found that we constantly needed to redo our training. The focus group was started together with the Department of Health which was pivotal in the process. More recently the Rape Crisis Centre, the Trauma Centre and NICRO approached the network on violence against women in the Western Cape in Cape Town to host and to provide an event for these NGO’s to come together and to start sharing information and to start talking about the problems that we had previously encountered. We felt that what was really important was that the focus group should be volunteer based. Our whole approach was victim centred and we felt that the volunteers where the people who where in direct contact with victims. And by volunteers we also mean volunteer coordinators so that volunteers have a role to provide some organisational management to volunteers at the police stations and also to SAPS officials who have a hands-on role in dealing with victims and with volunteers. I am going to include the business against crime initiative as they provided the strategic focus and also promoted corporate interests in the focus group. NICRO was also involved and as we know was pivotal in establishing victim support in this country. Then there is the Rape Crisis Centre that focused on coordination. We felt very strongly that the lack of coordination among government departments, and between NGO’s and government and even between NGO’s themselves was a critical issue. It must be said that the government departments where fantastic and are still involved in this project. The Department of Health provided the funds for the first year of this project’s life. The Department of Social Development played a role in policy development and the Department of Community Safety and SAPS provided physical and organisational space for volunteers in which they do their work. We have not worked that closely with the Department of Justice, Education and Correctional Services. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 97 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference When we started out in 2001 we had 30 members we now sometimes have between 130 and 150 members at a rough estimate. The enthusiasm and the participation is high. An important achievement was a model that contains the four stages to develop a victim support group: ● Physical and organisational space. The physical and organisational space must be well prepared. ● Standardised training. This must be the same quality and uniformity of training for all volunteers. ● Adequate supervision. There must be adequate supervision for those volunteers who receive training. ● Awareness and fundraising for the project is important so that the public know what the issues are and know what services are available to them. We also looked at defining who is the volunteers and what are their roles. Just to briefly recap their roles are to minimize secondary trauma within the criminal justice system, particularly at the reporting stage and the Department of Social Development was critical in helping us to develop a policy. Business against crime organised a think tank for heads of departments from the relevant departments which resulted in an integrated business plan. The inputs and recommendations from station commissioners were also obtained. What we are looking at now is to work towards standardised training for volunteers in the province using a professional resource developer and including existing training manuals that NGO’s have developed. We also aim to develop a training tool kit and aim to become a well grounded training service provider. Our ongoing activities include our quarterly meetings. We have regular workshops on topics that come up from volunteers. We have 2 ‘caring for care givers’ workshops a year where people are taught techniques for managing stress. We have a task team that steers the recommendations that come out of the meetings and we have an annual evaluation and planning circle. The NGO’s play an important role in analysing the problem statements that emanate from our meetings. They analyse solutions and look at the possibilities and regularly bringing the stakeholders together. Going forward, our future sustainability comes from the recommendations from the volunteers and the coordinators, VEP officials, station commissioners and indeed the working group itself. Regarding funding, the pooling of budgets needs to be made possible but it is very difficult for departments to do this. A standardised volunteer policy is needs to be implemented and out of that should come a procedural hand book or manual that is accessible to volunteers and of course standardised training as well. In addition, client’s needs must be regularly surveyed and volunteers need regular supervision and support. 12.3.4 Presentation 4: Transgenerational impact of trauma, Ms Miriam Fredericks, Trauma Centre The papers that serve as background to the presentation will be on the website and therefore available to you. The Trauma Centre was established in 1993 to render mental health services to ex-political prisoners, returned exiles and former combatants. Thirteen, fourteen or fifteen years Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 98 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference down the line after democracy was established a lot of people are saying how relevant our work is. In actual fact it is still very relevant because of the effects of torture. It is very exciting for us that the Department of Social Development is assisting us in this work. It has also been found that torture still exists in 102 countries of the world. Then we must also look at the fact that our new democracy must be safeguarded. Anyone of us can be arrested and possibly be subjected to torture. The groups that we are working with are groups of former liberation combatants and people in the SAPS. Unfortunately many of them do not access services. Many of these combatants have tried to normalise their lives and have tried to form personal relationships but sometimes their own intrapsychic conflict from the past undermines the family environment. In South Africa there hasn’t been much research done but we do base our work on a lot of other research done in other parts of the world. So terms such as vicarious trauma and secondary traumatisation have been used to describe trans-generational trauma transmission. Much has been written about holocaust survivors and their children and that many of these children have taken on some of the psychological aspects of their parents. Apartheid was a crime against humanity and was maintained through the violence of the state. Thirteen years post-apartheid the youth in South Africa feels misunderstood by their parents. The same claim is held by parents of those children. Trans-generational transmission of apartheid trauma from parents to children needs attention in order to understand the dynamics of these two generations separated by apartheid experiences. Some of the symptoms that can be identified in the children, in some cases partners and children identified the PTSD symptoms of the veterans. They themselves then suffer hostility, social and emotional withdrawal, fearfulness, lack of concentration and stress related symptoms such as headaches, sleep disturbance, and sexual dysfunction. And I think what’s really important in the field that we work in is that often people have never looked at those aspects. Often the above aspects manifest in the children’s behaviour: they have low self esteem, are aggressive, have impaired social relationships, develop difficulties at school, having ambivalent feelings towards their parents. Further, elevated anxiety levels and their symptoms can include over-identification and intense involvement in the emotional life of the trauma survivor. There are four major theoretical approaches to understanding trauma transmission. They are: • • • • Psychodynamic Socio-cultural Family system Biological In the psychodynamic model of transmission, the child unconsciously absorbs the depressed experiences of parents. In the socio-cultural model of transmission children adopt their world view of the parents. What I would like to share with you now is what we call a journey through generations. The political violence programme which is what I coordinated at the trauma centre, conducted two therapeutic camps with participants between the ages of thirteen and eighteen and they where the off-springs of torture survivors. We actually first worked with the torture survivors themselves. We did a two week workshop with the parents, we did intensive work with them, they also went on a wilderness camp and then we identified the children that were at risk. I just want to share with you that the children themselves went through intensive screening. We connect with the child and the parent and we had a medical examination so that we knew if there were any problems that we needed to be aware of. The goals of the camp were to begin to break down barriers, the stigma and the Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 99 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference resistance to a therapeutic intervention and to encourage an insightful process within participants in creating a better understanding amongst the second generation. Also an understanding of their parent’s struggle and scarring and hence the impact of that scarring and then facilitate the development of a sense of self identity. Regarding the camp activities; we began with the games to establish trust and build group cohesion. We did solo time and journal writing which was very important because we facilitated the child so that they could connect with the earth and with their Africanism. For instance, certain symbolic issues in their lives and their identity. We also did some storytelling to deepen the understanding of their parent’s experiences. When we start the camp we take the children to sites in the Cape Town area where their parents and other adults had participated in the struggle. A lot of these children have not been exposed to this before and in that way one is able to break secrets in the family. In addition one is able to deal with the fantasies of the child, as these tend to be much stronger fantasies or violent fantasies than the reality. We did relaxation exercises for them to reduce anxiety and manage anger and during these things we could also observe what could be dealt with on individual basis. We did art work for non-verbal expression and the creation of family trees. The latter was quite difficult for them as there were often issues that they did not want to address in the group. We had inspirational movies; there was a movie for instance called the “Whale rider” which was based in New Zealand but connected the children to colonialism and the problems that New Zealand experienced. This was to show them that we were not alone in South Africa and that other places in the world experienced the same invasions or colonialism. At the end of the programme we have a celebration before the return home and before the child returns home we give the parents some beads and they each create a necklace of beads and they place it on the child’s neck when the child returns home. 12.4 Commission 4: Theme 5: Research 12.4.1 Presentation 1: The Khulumani Support Group, Dr Marjorie Jobson, CSIR The People’s Agenda work together with the Khulumani Support Group in a partnership for implementing a Sustainable Community Investment Programme (SCIP). The role of Khulumani is to support victims of crime and to empower them so that they find meaning to life. The founding statement is: All economic development takes place at the local level and local government must influence the shape and direction of local economies if the national economy is to attain the goals set for it and if it is to grow and create a better life for all its residents. It is very important to recognize that people are the single greatest resource and by including all citizens in development and by increasing their skills it leads to increased opportunities for stimulating local economies. The local initiatives, the energy, the creativity assertiveness, the leadership and the skills will ultimately unlock the latent potential in local economies and will shape the local spaces. The starting point is the required revolution in thinking which is fundamental to the way of thinking about certain issues. An evolutionary approach will be a process of gradual and relatively peaceful social, political and economic change and advance. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 100 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference There is a need to start processes to assist local people and to place decision making in their hands by using public dialogue and community organization. It is also important to invert traditional development models by seeing people as owners and not as participants in achieving their economic, social and political aspirations and facilitating an environment in which people define and organize around their problems and aspirations. The objective of this research is to support local knowledge, values, voices and leadership and also to provide tools, resources and assistance to local communities to fulfil their own vision of social and economic well-being and to transform the quality of living among poor and marginalized populations The two major policy thrusts of the National Framework are: Public Sector Leadership and Governance. Sustainable Community Investment Programmes. There are four key strategies: ● ● ● ● Improve good governance, service delivery, and public and market confidence in municipalities. Spatial development planning that exploits the comparative advantage and competitiveness of the Districts and Metros. Enterprise support and business infrastructure development. Introduce sustainable community investment programmes focused on organizing communities for development and maximizing the circulation of the public spend in local economies. I want to believe that the citizen based LED can restore the financial and economic competence of South Africans. This will enable them to look after themselves and their families by restoring their basic rights provided for in the constitution and will restore local community relationships with their land and will also create a learning society where mistakes are understood as opportunities to learn. Looking at the SCIP methodology it calls for community economic rights to be funded through investment in local community trusts, which decide democratically on how to spend the received government funds to achieve agreed community goals and to earn profits for their members. This promotes the economy and raises the local multiplier. This also helps to release local people from their economic prisons and cash deserts. The Child Rights Programme requires all communities to register their children who are under the age of 18 years in order for them to receive their monthly budget of R300 that assist them in their children’s education and health. I believe that all the programmes that have been established and implemented do re-empower and heal the communities and the participation in the process of reclaiming the capacity to look after one’s family and oneself. It also enables the restoration of self–esteem, confidence and empowerment. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 101 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 12.4.2 Presentation 2: South African women report some of the highest rates of gender-based violence in the world, Ms Lisa Vetten, Tshwarangang Legal Advocacy Center to End Violence Against Women The research is about exploring and trying to find the baseline information of the extent of domestic violence in each area and about the services that are available for women to use in time of need. It is also to find out how domestic violence is addressed in certain areas. While we were conducting this research we went to various hospitals and police stations and we obtained three sources of data covering the period, 1 January 2006 - 31 July 2007: All female admissions to OPD (204 cases) SAPS OB register, DV register and dockets (469 cases) Application for protection orders at the three courts serving the area (519 cases) What I have noticed is that women are predominantly the victims of the reported incidents of domestic violence. Looking at the records at the police stations the ratio of female victims is 88.7%, to males 11.3 %. In terms of court applications at the courts: females constitute 82.5% and males only 17.5%. The concern that I have is that women report incidences to the police but they fail to follow up the procedures and as a result all the effort is wasted when the case fails. The women that go to police and hospitals are younger than those who apply for POs. I have also discovered that couples that are not married are not taken seriously when they report to the police. There is also a tendency for the same people that report the same incidences. The question we should ask ourselves is whether the mechanisms that are in place are sufficient and how can we further educate our community about the services that are available to them. Woman who applies for protection orders tend to be women who are employed. The Hospital report results show the following percentages and profiles of people that present themselves: 66.7% are unemployed 6.9% are students/scholars 1.5% are employed It is apparent that woman report violence incidents more often. Other insightful statistics are from the courts: Weapons are used to threaten in 63.4% instances Weapons are used to hurt in 50.2% instances Injuries are reported by 14.1% of applicants 27.4 reported seeking medical treatment Hospital records show that injuries are noted in 94.6% of cases and that the J88 form is completed in 13.7 of cases. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 102 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference According to my observation I can say that there is little evidence of integrated service provision and there is little referral by health in addressing domestic violence. There is a certain amount of case dumping and filtering by the SAPS referral to TLAC or the courts for the protection orders. The SAPS commitment to reducing crime may conflict with the provision of services to victims of domestic violence. Further the recording keeping at the SAPS offices is poor; the dockets are lost, missing or incomplete. 12.4.3 Presentation 3: An introduction to ‘Enquire Assisted Psychotherapy’, Ms Dorothy Robertson and Ms Sharon Boyce We are introducing you to a new concept, Enquire Assisted Psychotherapy, which is as powerful experiential learning model which has been used to assist victims of violence and abuse internationally, with particular reference to the youth who are at risk. This is an intervention that has been implemented successfully and brings hope to the victims of crime. The DVD entitled ‘Horses’ was shown as part of the research and it explains the model. The Enquire Assisted Psychotherapy is a non-traditional form of approach and it is firmly entrenched in the human rights principles that are mentioned in the Victims Charter. The incidence of ‘victims of violence’ is on the increase among the youth and can be seen internationally and here in South Africa. This is often accompanied by the increase in substance abuse. Socially what I have seen is that violence is a perfect solution to solve problems and this contributes to the growth of the group referred to as the ‘Youth at Risk.’ The youth at risk cannot be supported by adult family members. The lack of parent support is a great concern and that is where the implementation of the Enquire Assisted Psychotherapy takes place. There are many traditional therapeutic models that are used and the most successful are those that adopt an integrated approach. The old family approach of punishing and beating a child does not work. The effective therapy approach includes a structure of social learning, a cognitive behavioral approach and a family based approach. The Enquire Assisted Psychotherapy incorporates these three approaches and therefore provides an effective approach. This therapy relates to the individuals getting feedback from the horses which facilitate the opportunity to look at alternative behaviours and to experience the effect thereof. The Enquire Assisted Psychotherapy deals with animal assisted therapy; it is a non–traditional approach. When it comes to mental healthcare it goes beyond the clinical treatment disorders and harnesses the strength of the individual to facilitate the prevention and the resolution of emotional and behavioural difficulties. This approach teaches them how to resolve problems and conflict and to also improve communication and confidence and social skills. They become aware of their surroundings, of their actions and thoughts; and it helps the individual to know that in order for the Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 103 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference horse to change its behaviour they also need to change. They also learn verbal and non-verbal communication. Further, the victims gain power over their lives in these exercises. 12.5 Commission 5: Theme 5: Research 12.5.1 Presentation 1: Sexual abuse Victim Empowerment for complainants with intellectual disabilities, by Ms Carol Bosch, Cape Mental Health Society The programme offers complainants with intellectual disability, in cases of sexual abuse, the same access to justice as the general population. These people are more vulnerable to sexual abuse, mainly due to the following factors: • • A high level of dependence tends to impart a tendency to comply. The more physical care common in caring for them makes them less aware or alert to danger signs. • A high level of need for approval. • May easily believe threats or accept blame. • A lack of sexual knowledge in general, and • Shame and guilt about disability. Brown, Stein and Tusk (1995) cite statistics which bears this out where it is alleged that: “Incidence of abuse among people with disabilities is four times higher than among non-disabled people.” Perpetrators, on the other hand, perceive people with intellectual disability as “safe” or easy targets that can easily be intimidated and who are unlikely to communicate convincingly. The stereotyping could well be occasioned by the fact that these people are unlikely to communicate convincingly. That is, in a situation where the testimonies of two protagonists differ; the victim’s testimony is more likely to come off second best. The SAVE programme assists a complainant with intellectual disability in one or more of the following three interventions: i) Social workers • Support complainants and their families. • Provide court preparation if necessary. ii) The Psychologist’s report providing an evaluation of: • The complainant’s level of intellectual functioning. • Competence as a witness. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 104 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference • iii) Assessment of the level of intellectual functioning of the complainant: • History (family, developmental, scholastic, occupational). Adaptive functioning – Vineland Adaptive Behaviour Scales (communication, daily living skills, socialisation). • IQ test ISGSA. The process of determining a complainant’s Competence as a Witness entails evaluating their “swearability” in court, their ability to tell what happened, and general credibility. The next step is the assessment of ability to consent to sexual intercourse. This process involves the following aspects: • • • • • • • • Legal definition Area of debate Functional assessment Sexual vocabulary Conception Contraception Sexual transmitted diseases Sexual education In terms of testifying as an “expert” witness the SAVE professional plays a crucial role in the court proceedings, in preparing the court for the complainant, in assisting with knowledge about the relevance of current issues, and ensuring the accuracy of the story and the use of clarifying questions. A number of trends have been identified; the following statistics paint the picture of abuse against people with intellectual challenges: • • More females than males. • Often a family member or a family friend is involved. • More than one case with the same offender. • Increase in referrals from rural areas. Conviction rates of 28% (Dickman and Roux, 2005 - the number of convictions as a percentage of the reported cases). Our situational Analysis: The office handles a huge volume that comprises, on average, assessing about 100 complainants annually and issuing approximately 30 subpoenas to give expert testimony. Further the programme runs enhanced awareness campaigns continuously. Unfortunately, there are still long waiting lists due to lack of funding. Nevertheless, the programme has received international and national endorsement. A closing quote “To deny any person their human rights is to challenge their humanity. What challenges us is to ensure that none should enjoy lesser rights: and none are tormented because they are born different…….” Nelson Mandela Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 105 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 12.5.2 Presentation 2: Best Practice Models: RAPCAN’s approach in dealing with Children who have been affected by Sexual Abuse, Ms Tania Moodley and Ms Edith Kriel, RAPCAN The Situation in South Africa Between 2004 and 2007 over 82 000 sexual offences against children were reported to the police. The reported figures only paint part of the picture. Research suggests that by far the majority of sexual offences are not reported to the police. Statistics on conviction rates, expressed as a percentage of the number of cases reported, indicate a decrease of 24% in conviction rates for 2003 as compared to convictions for the previous year. RAPCAN’s Response: The Healer’s Package The Healer’s Package is aimed primarily at lay counsellors and seeks to provide a set of activities and instruments through which the therapeutic process may be facilitated. The development of Healer’s Package resulted from a partnership with key role-players. The Current Task Team members are Childline National, Teddy Bear Clinic, Kinder Trauma Kliniek, and Childline Kwazulu Natal. The Task team, in conjunction with RAPCAN, developed this resource in response to the fact that very few child victims of sexual abuse ever receive appropriate treatment. This is because of the shortage of professionals, as well as the limitations in relation to therapeutic skills. It is also difficult to access these services because of financial reasons and/or physical access. Parents are most often ignorant of the healing process, a view noticeable among some service providers. Objectives of the Healer’s Package The objectives of the Healer’s Package are to: • • • • Provide access to materials which facilitate the healing process after abuse. Empower children and care-givers to be active participants in the healing process. Provide access to community volunteers, social workers, clinic staff, educators and others, in both rural and urban communities, to practical material. Prevent the further victimisation of children. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 106 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Contents of the Healer’s Package The package contains the items listed below: • • A series of 5 workbooks which breakdown as follows: A therapeutic activity book for ages 4-7 A therapeutic activity book for ages 7-12 A therapeutic activity book for adolescents A therapeutic activity book for parents/ care givers A workbook for healers to acquire the relevant knowledge and skills to facilitate the healing process with the child A travel suitcase that has the necessary toys and materials needed to facilitate the therapeutic activities The Pilot Project Ten organizations were contracted to participate in the pilot project for the duration of a year. Three objectives were identified for this pilot study. Theses were: The relevance and appropriateness of the activities The effectiveness of the materials in healing the child The impact of the process on the Healers themselves with a specific emphasis on building capacity through the training and the materials. The Children Selection Process The criteria for selecting children for participation were: Aged between 4-18 years Sexual abuse disclosed Relevant child protection systems are involved and the child is safe Understanding of English language Able to attend 12 sessions. The Number of Participants in Pilot Study • • • • The Healers were drawn from ten (10) national organisations for a total of 39 children as follows: 4-7 years; 10 8-12 years: 17 13-18 years: 12 Caregivers: 31 Professionals came from five organisations for a sample of 29 additional children and ten caregivers. The results: Objective one: The relevance and appropriateness of the materials and activities. a) b) c) d) The Feedback is tabulated as being from: Children Caregivers Healers Supervisors Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 107 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference e) Professionals f) Task team Feedback from the children Typical comments from participating children are captured as follows: You keep up the good work! The book helped me to heal. I enjoyed most of the activities. For me the activity book was fine and I enjoyed using it. I love the book very, very much. Your process and this book is very interesting. I enjoyed most of the activities and I think I can give other children good advice. Feedback from the Professionals The book is structured which is helpful for the child (to feel in control), and for the therapist (for planning purposes and to ensure that all processes have been included) The activities are fun for the child and help to keep them motivated. The stories are very meaningful for the children. The children found it helpful to have something on which the process was focused on. Objective Two: The effectiveness of the materials in healing the child The following is a list of poignant comments from individual children (in their words): I love you (mom) Eunice (healer) and Edith Kriel you did make me happy and I thank you. You should carry on with this programme. If it worked for me, IMAGINE how it could work for other kids! As children we need to hold hands together and have hope. I love my book, I love you all. ….this book helps me to change my life. Thank you for giving me my healer. I thank you for helping me to know myself better and be strong. I just want to tell you how much your programme has helped me….thank you for giving me the most caring, loving, understanding Healer. Objective 3: Impact of process on the Healers - emphasis on building capacity What the Healers said: RAPCAN made an impact and a big contribution in my skill of counselling a child. When I started to work with children I doubted myself, but now I have gained much confidence. Through this process I have grown strong emotionally, cognitively and behaviourally. People are telling me confidential information about themselves. People have confirmed for me that I am caring and sincere. I have gained more confidence in myself. To be relied upon and trusted by people is not a simple thing, but knowing that these people believe in me gives me the power and strength to carry on. It made me realise that I am in the right place making a difference. I learnt to work with difficult clients and how to help my clients relax at sessions. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 108 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference On a personal note, my child used to live with my sister. Through this process I have taken more responsibility and fetched my child. He lives with me now. What the supervisors said: Very structured which is helpful for the lay counsellor. Provides a complete programme of healing, and every step of the process is clearly discussed. Healers were aware of their limits and would ask supervisors when they felt unsure about anything. Some of the healers are possibly more skilled than professionals. The social workers have very high case loads and thus if the healers are not able to do this work with the children, they will not have any access to healing resources. Healers are community members who have a good understanding of the dynamics and struggles of the community from which the child comes. What have we learnt? 1. Support networks and healing relationships are extremely valuable, helpful and necessary to children and families with a history if sexual abuse 2. Caregivers need more intervention and support. 3. Careful selection of all role-players is necessary. Some critical questions with respect to all three objectives and attendant questions that need further addressing are: 1. Can therapy be put into a book? Can this process bring about healing in the child? Can this process bring about healing in the caregivers? 3. Can this process be implemented by trained and supervised lay community members? 4. Is the package user friendly? 5. Is there any contact with the courts? 6. What about children with multiple challenges? It was advised that differential testing is necessary since, at times, one might think a child is deaf when it could well be that the child’s level of functionality is just low. This testing would also elucidate other short comings like intellectual challenge, if it is there. 7. The logistics of a roll-out of the program? 2. 12.5.3 Presentation 3: Mosaic Training, Service and Healing Centre for Women: Best Practice Model. Mosaic’s vision is a society free of abuse and domestic violence, while its mission is to be a non-profit organization that enables abused youth and adults to heal and empower themselves in dealing with abuse and domestic violence. We work in partnership with government and other service providers in the Western Cape, delivering a range of prevention and support services. Situational Analysis Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 109 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Of the 625 772 cases reported during the 2004/2005 period, women and children accounted for 59% of these. In 2001, rape overtook tuberculosis (TB) as the single greatest threat to women’s health in the Western Cape. Over 40% of men have beaten their domestic partners at least once; Forty percent of girls’ first sexual experiences are non-consensual. Mosaic has for the past few years consistently assisted approximately 25 000 people per year applying for protection orders; 80% are women. Another complicating factor was the influx into the area where incoming migration numbered 297 399 in 2001 as well as 41 855 non-South Africans living in the Western Cape. These is a high teenage pregnancy rate and dropping contraceptive prevalence as against the lowest HIV prevalence rate (12,4%) among women attending antenatal clinics in the public sector in South Africa. Current Policy Frameworks and Legislation South Africa is a signatory to International Protocols against domestic violence. In the country we have the following legal framework enabling the fight against the scourge: International documents and protocols that South Africa has signed, the Domestic Violence Act (1998), The Choice on Termination of Pregnancy Act (1996), the Sexual Offences Act (2007), the National Action Plan on Violence Against Women (Kopanong Declaration 2007), the National Strategic Plan for HIV and AIDS and STIs (2007-2011), the Anti-Rape Strategy, SAPS Western Cape Partnership Policing Plan of Action to prevent and combat crimes against women and children. The latter focuses on incidents of domestic violence and sexual offences, and policy frameworks of relevant government departments. The domestic violence (DV) victim has to be given immediate assistance in terms of protection, empowerment, and access to justice. The long term intervention has to assist the victims emotionally, legally, economically and in re-gaining good health. Mosaic’s Integrated Service Delivery Model. This model has four arms, namely, the Social Services Program, The SRH, The Court Support, and the Skills Training. 1. The Social Services Program This program is divided into the following sub-programs, Public Awareness, Database, and Gender Sensitive Counselling. Working with men is an example of resources found under this sub-program where it is in a partnership with the HWW/MAP project. It holds workshops with men and women and develops counselling tools for men. A conference was held March 2008 to give male voices a platform. Court Support Groups This program has five arms, which include awareness and court assistance, the access to justice and DOJCD and ICD, 16 DV courts aware of these services. More than 20 000 applicants have been assisted. Services in court include the following: crisis counselling in the home language, explaining court procedures, assisting with application and affidavits, preparing for hearings, referral to other Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 110 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Mosaic support (counselling, support groups; skills training; clinic, legal help), referral to other service providers, as well as lobbying and advocacy. The Database The identification of patterns, the identification of hotspots, of perpetrators, and the types of abuse as well as developing indicators and other statistics are kept. Research was also carried out in terms of the DV, Act 1116 of 1996, regarding the effectiveness of interim protection orders, and the attrition of domestic violence cases. Training Program This training programme has sub-programs for clients and service providers. Training in communities includes training in the area of life skills and assertiveness. In prisons there are training programs as chef assistants and pharmaceutical skills. The following specific interventions are provided: Domestic Violence Act for court clerks; prosecutors, magistrates, integrated management of Domestic Violence, implementation of a Court Support Project, and SRH. Sexual and Reproductive Health Programmes Based on evidence gained from workshop discussions, counselling sessions and support groups the following have been established: ♀ ♀ ♀ ♀ ♀ ♀ ♀ ♀ ♀ ♀ ♀ ♀ ♀ Starting very young and 1st time often coerced. ♀ Within marriage also. Sexual violence (rape, beatings, psychological) rife from the start. Pregnant schoolgirls common and accepted. If you are a virgin you are a target for rape /Gang rape. Boys don’t understand difference between love and sex and are manipulative. Sexually assertive girls viewed as sluts. No discussions about sexual matters. Boys unwilling to treat STI’s Youth (girls and boys) ab(used) by older people for sex Incest common Single mothers and lack of father figure Widespread pornography and forced watching Youth clinic services very unsatisfactory. Mosaic’s Services Contraception and family planning HIV/AIDS testing and counselling and STIs Cervical screening and breast examination Pregnancy testing Rape medical help, forensic evidence, lobbying and advocacy Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 111 of 203 tation 2: Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Research Access Database Free counselling Follow-up Referral The Patient rights charter states that every patient or client has the right to: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. A healthy and safe environment Access to health care Confidentiality and privacy Informed consent To be referred for a second opinion Exercise choice in health care Complain Participate in decision–making that affects his/her health Be treated by a named health care provider Refuse treatment Knowledge of their health insurance/medical aid scheme policies. Identified Priorities ♀ ♀ ♀ ♀ ♀ ♀ ♀ ♀ Focus on needs analyses at local level Finalise a counselling tool for male abusers Workshops for boys, men and perpetrators with MAP Develop materials for youth groups out of school Parenting workshop materials (involve fathers) Setting up a 2nd clinic Pilot medical abortion and emergency contraceptive campaign Roll-out of Court Support Program 13. FACILITATORS’ REPORT BACK TO PLENARY: SESSION 1: COMMISSIONS 1- 5 13.1 Commission 1: Theme 2: Management and Partnership Facilitator: Ms Prudence Ramolehe Presentation 1: Ikhaya Lethembe One stop Centre Intermediary Services for Child witnesses testifying in Criminal Courts Presentation 3: Shelters - are we making a difference? The one-stop centre approach was discussed against the background of all the stakeholders being under one roof and thus working in the best interests of the victims. The shelter presentation provided the commission with the method and interventions and the services that they use. Against the background of the theme of the commission we defined ‘partnership’ as a process or a relationship between or among entities that have a common vision or goal. A partnership is made up of stakeholders: civil society and government departments. ‘Management’ is where we implement the services and help the client through the various stages and processes. The process Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 112 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference needs to be managed so that the person does not fall between the cracks in the system. Against such a definition the one stop centre felt that they can: Operate very well. They can be accountable and they know where the process is. They can give feedback and make follow ups. They can provide support throughout the system. Cients can be referred. In general, the commission looked at 2nd level management and discussed the issue of corporate governance, i.e. the board and the managers and the skills required such as financial, marketing and leadership skills which are important in the sector. In addition, the need for capacity building to ensure VEP services was look at. An issue raised was the lack of personnel that impacts on management as good service cannot be provided. Further it was agreed that good coordination and management would provide good services. The presentation on intermediary services for child witnesses testifying in criminal courts dealt with issues such as the support for child witnesses. We shared a lot of statistics as to how the court is handling such cases and there was some concern around this issue. Another aspect of concern was that it was not automatic that intermediary services would be provided in the case of a child under the age of 18 and that this would depend on the decision of the presiding officer. Another issue that was raised is that victim empowerment services, the VEP and restorative services must be linked, due to the fact that we cannot separate HIV/AIDS from domestic violence and restorative justice. Regarding shelters, an issue that we discussed at length was housing for women from shelters as women that ultimately leave shelters do not have anywhere to go and hence the Department of Housing should be involved in providing such housing. The Northern Cape Province has already provided some housing for such persons and they are busy compiling a policy regarding this issue. Another area of concern was that overall the government tends to be reactive. There was another concern; that we do not sufficiently focus on therapeutic intervention, and among others, that we do not build the person’s life skills and their personal development. With the result that after 6 months the person may come back as these aspects were not properly addressed. Volunteer training was also examined. We do have volunteers that need training and we need volunteers that are counsellors. Part of the recommendation is that there should be a standard volunteer training body for volunteer training. The recommendations were: Effective communications among the stakeholders. The establishment of service level agreements for accountability purposes was identified as the most important thing that we can do. Joint planning and joint training, which among other things would ensure a common vision and common goals. Effective monitoring and evaluation. We need documentation regarding best practice. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 113 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 13.2 Commission 2: Theme 2: Management, Partnerships and Research Facilitator: Mr Joel Mokonoto Presentation 1: Reaching and assisting victims of trafficking Programme of Assistance to the Government to prevent human trafficking Presentation 3: DSD Specific Anti-Rate Strategy Presentation 4: VEP – An evaluation study tation 2: Taking the human trafficking presentations together there were a number of resolutions made. Too little research is done regarding in-country human trafficking. What is the impact of human trafficking on our departments and facilities, logistics and human resources as we do not record such instances. In short – we do not have the system in place. IDMT to include Departments such as Home Affairs and Education and such inclusion to be cascaded to the provinces and local government. The Department of Home Affairs particularly needs to be included in human trafficking, while the Department of Education is needed to teach people about human trafficking. Strengthened partnerships and management models related to human trafficking and all departments need to be involved. What is the cost and impact of human trafficking on society? Educating communities to accept back into their communities those women who were previously trafficked. Language barriers prevent communications between service providers and victims. Most information is in English. There is a need to communicate at the level of the communities so that they are able to understand. The referral systems in the sector dealing with human trafficking are not in place. The conference case study of the day before is such an example. There are only minimum standards at facilities that deal with human trafficking. The criminal aspects related to human rights needs more attention, currently we do not have legislation on human trafficking. Close the gaps in our current legislation. Regarding the presentations on the anti-rape strategy the following important points were made: Presently the anti-rape strategy only addresses issues after the rape has occurred, whereas it should focus on the preventative aspects as well. Appropriate responses are required from all stakeholders to victims of rape. Again the conference case study of yesterday serves as an example of how stakeholders do not use the referral system correctly. Services in rural areas need to be strengthened and further, we do not have statistics to determine the extent of the problem and therefore to correctly address the issue. Political commitments and mobilization needs to be in place and needs to be strengthened. The relationship between the media and government and other sector players needs to be strengthened and success stories need to be communicated countrywide. Support of victims on ARV treatment to be strengthened as many cases are lost in the system because they cannot be traced after their first treatment. DCS needs to teach and counsel people before they are released so that they do not see women as targets for rape. The presentation on the VEP evaluation study illuminated the following: Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 114 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Research collaboration and collaboration between researchers and management is required for good programme governance, while research findings need to be applied to policy and practice. Often research that is provided is filed and not implemented. Face to face interviews give better results, such results are better than questionnaires being sent to people. The management team must provide solutions to challenges as the research does not or cannot always provide such solutions. If every VEP team member became a champion in the sector it would be a major step to strengthen the programmes. 13.3 Commission 3: Theme 4: Service Delivery Facilitator: Ms Gladys Mangwani Presentation 1: A Service Charter for Victims of Crime in South Africa Presentation 2: The VEP with the New Integrated Service Delivery Model Presentation 3: Language Difference and Translation in Counselling The suggestions of the 1st presentation were: To advocate that the Victim Charter be linked to the existing instruments such as the Constitution. How does one shorten the referral period between one institution and the next? Involve the municipalities in victim empowerment programmes. The inclusion of the victim empowerment in the IDP. One needs to obtain CSOs statistics on crime. Have a VEP awards event in the conference’s gala dinner in the future. The victim empowerment sector including communities and CBOs need to be involved in developing policy at local level. hTe victim empowerment team should involve SALGA so that the latter can give a directive/s to municipalities to integrate victim empowerment in their work. The proposals of the 2nd presentation were: Advocate for better skills to ensure better service delivery in the victim empowerment programmes. Highlight service delivery models that have been used in the field. Outline the areas that the training programmes should cover. Determine how to develop needed skills; the knowledge base, the micro development skills, and the macro development skills. The traditional training is not adequate to deal with the South African context, and community development workers need to be trained in victim empowerment. In addition, current training for health care professionals should be changed. Academics, other researchers and service providers need to work together, to make their curricula more relevant. Presentation 3 covered the following: Advocate for the use of an interpretive model when translating in a counselling context. The skills of the translators are different. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 115 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 13.4 There are various types of diverse trauma found in the sector. Recommendations: Clarify the role of the translator. Establish good relations between the counsellor and the client. Translations should be interpretive and not mechanistic. Jobs descriptions must be clear as well as the performance appraisal process. Commission 4: Theme 5: Service Delivery Facilitator: Prof Tandeka Mkiwane / Report back by UNODC Consultant Presentation 1: Exploring Hate Crime – Issues and responses: A LGBT perspective Presentation 2: Intersections across VEP key departments The presentations at the commission dealt with exploring hate crime and also lesbian, gay, bisexual and transgender (LGBT) perspectives. The other presentation on intersections across the VEP also focused on LGBT issues. Policy frameworks and strategies on the prevention and management of child abuse, neglect and exploitation were also included. There was a focus on service delivery by government and NGO’s and their responses to LGBT issues and to children at risk. The panel noted the progress made with the new Children’s Act yet also observed that in the broad policy framework there was a legal blank specifically with regard to hate crime. Given South Africa’s history it is surprising that hate crimes are not targeted by legislation and thus attention should be paid to this. It was recognized that the gap between legislation and practice needs to be narrowed and that South Africa has made significant progress in terms of the ratification of global instruments that protect vulnerable groups. The challenge remains to translate this into practical responses. Such practical applications require proper definitions; such as ‘what is a child?’, ‘what constitutes a family?’, and ‘what constitutes a vulnerable group?’ The need for an inter-sectoral and inter-disciplinary group was identified as a gap. The gap was the need to monitor and enforce standards. The state must take primary responsibility for the provision of services to it citizens, and this cannot and should not be delegated to the NGO sector. We felt that the NGO’s should be supplementary to that which is required of government. Adequate resources must be given to the VEP sector to enable government and non-governmental players to respond. Government departments must be informed of policies and procedures and in this respect the nongovernment sector can play a crucial part. This can also prevent the secondary abuse of victims as they go through the system. VEP was also described as a very reactive sector and one that focused on the management of crises as opposed to prevention; this was an issue that we highlighted. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 116 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 13.4 Commission 5: Theme 5: Training, Capacity Building, Monitoring and Evaluation Facilitator: Ms Myrtle Morris Presentation 1: Enhancing service delivery through capacity building Presentation 2: The impact of vicarious trauma on mental care workers Presentation 3: The Draft Integrated Victim Empowerment Policy and the Service Charter for Victims of Crime The first presentation concerned research done about service delivery enhancement though capacity building. The recommendations made distinguished between NGO’s and government: NGO’s: A capacity building model should be targeted at all NGO’s which provides customized content and delivery. Skills transferral should take place. There should be twinning and mentoring of NGO’s. However a concern is the funding linked to such twinning. Support from government departments is important for NGO’s to be developed. Training intervention should be SAQA accredited. Further, the challenge and difficulties of getting SAQA accreditation should be a conference resolution. Government: Government officials should be involved in capacity building programmes. There should be formal Key Performance Areas (KPA) required of officials to improve support to NGO’s. This is an important aspect because it can be linked to EU and UNODC funding. The establishment of new NGO’s only if they can be supported. The mandate of the Departments of Health and DSD should be understood. The 2nd presentation on the vicarious trauma on mental health care workers identified: ● ● ● ● ● ● The challenges that health care workers face in the mental health care of victims of trauma. The effect of the trauma of victims on the health care service providers. The challenges to self care. The lack of time and resources as well as work overload. Poor inter-personal relationships between management and staff. The lack of continuous professional development and the implementation of recommendations made as to improving these issues. Presentation 3 provided a monitoring and evaluation (M&E) model that provides the matrix of the input and outputs for each of the intervention strategies or programme components. The paper also focused on a recommended implementation plan for M&E by the Department of Social Development. In the ensuing discussions the commission said that M&E must be developmental and be less of an ‘inspection’ process. The evaluation should be internal and external which should start when the business plan is submitted. From the discussions the following emerged: Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 117 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● It was recommended that the NPO Act be reviewed. The NPO Directorate should improve their accountability and responsibility. Duplication of services needs to be addressed. NGO’s that ceased to function had to be deregistered. Gaps in service delivery must be addressed. NGO’s and Government to be transparent for the developmental process to be successful. The lack of protocols for the VEP, as suggested by the previous speakers, needed to be addressed. The need for information to be dissemination at grassroots level was emphasized. M&E is an integral part of the business plan and should not be look at separately. M&E to track progressive development. The importance of oversight by VEP coordinators was raised, with some delegates noting that there was no oversight. The coordination and location of the VEP should be reviewed. A suggestion was that it should be coordinated from the President’s Office. Strengthening of forums is crucial in the VEP process. The design of a uniform template to be used for reporting by all stakeholders. We all need to share best practice models to increase the support system. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 118 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 14. FACILITATORS’ REPORT BACK TO PLENARY: SESSION 2: COMMISSIONS 1- 5 14.1 Commission 1: Theme 5: Research Facilitator: Ms Thembi Madidimba Presentation 1: Presentation 2: Presentation 3: Presentation 4: An innovative methodology to assist victims of crime at the trial phase Put perpetrators behind bars Sexual Assault - Economic Loss: Survey Giving effect to the Rights of Child Victims in the Criminal Justice System Presentation 1 provided an overview of an innovative methodology to assist victims of crime at the trial phase and it spoke to court preparation and the empowering of victims to testify in court. The ‘peace’ model is used; prepare the victim, engage and explain all the processes that will occur, the victim must know that he/she is accountable for actions in the trial phase, after testifying, the closure of the chapter of testifying and the identification and evaluation of what was done well, and where there is room for improvement. Presentation 2 dealt with sexual assault and the economic loss incurred. Mostly we tend to look at victims and the pain and suffering that they endure during their victimization. However we tend not to look at their costs; such as medical costs and transport costs to doctors and courts etc. The recommendations were: Education of communities regarding the social relief of distress. If possible, link communities to SASSA so that they can apply for such relief. Social workers should write reports for victims so that they can access such grants. There should be offender compensation – although not all offenders can afford to compensate the victim. The victim compensation fund is a model found in India (In South Africa there was a similar proposal but it has been put on hold). Presentation 3 dealt with the rights of child victims in the criminal justice system. It emphasized the rights based approach which revolved around the best interests of the child. The child must be given a voice to raise opinions and concerns. There are more initiatives to improve investigation outcomes than to improve the needs of the victims. A suggestion was made that South Africa should use advocacy centres as the USA presently uses. One observation was that some of South Africa’s one-stop centres serve the same purpose. Further observations were: Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 119 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Child protection services should be informed of services rendered to victims. The local VEP forums (being inter-sectoral) should address these matters. Social workers are responsible for victim impact assessments. 14.2 Commission 2: Theme 5: Research Facilitator: Ms Zoleka Mteto Presentation 1: Presentation 2: based violence Presentation 3: Presentation 4: Crime Prevention through Victim Policy: An assessment DSD Strategy for the engagement of Men and Boys in the prevention of gender Empowering victims (former combatants) through ecotherapy Trafficking children in the SADC Region Presentation 1 dealt with the roles of victim policies and crime prevention, including a focus on the Victims Charter and also on minimum standards. The presentation looked at the objectives of the VEP and the related policies that give effect to rights and needs of victims as well as crime prevention. The research spoke to specific services oriented to specific kinds of victims and not to the general approach to service delivery, i.e. a one-size-fits-all approach. The research also suggested that policies should create guarantees for services for victims and that there was a need for the rationalization of VEP policies. Lastly, it also spoke of the importance of the integration of the VEP policy and the integration of systems. In presentation 2 the rationale was to reflect on the Department of Social Development strategy The Engagement of Men and Boys in the Prevention of Gender-based Violence. A draft strategy which includes the inputs from all the provinces has been finalized and will be piloted over a period of 6 months. The aim is to encourage men and boys to eliminate all types of violence. Presentation 3 focused on ecotherapy as an intervention to heal violence induced trauma and to reduce fear and anger. It highlighted the fact that ex-combatants were both perpetrators and victims. Ex-combatants had experienced trauma and felt anger at the lack of reward and at their sense of powerlessness. The aim was that they should learn to forgive their enemies and acquire anger management skills. Presentation 4 looked at the strategies to prevent child trafficking in SADC and also looked ahead to the 2010 World Cup, and beyond. It highlighted the results of the assessment conducted, the lack of legislation in criminalizing trafficking, and the high levels of poverty that contribute to the high levels of trafficking. The study identified a strong need for integration, networking and strengthening international social services. There were gaps created by the lack of networking and the children sometimes literally ‘disappeared’ in these gaps. The general comments of the commission included: Acknowledgement of the government’s initiative regarding engaging men and boys both as victims and as perpetrators. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 120 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference A suggestion of adopting ecotherapy as a means to deal with gender-based violence. The question around the capacity of the child protection units was raised. 14.3 Commission 3: Theme 5: Research Facilitator: Ms Sharon Kouta Presentation 1: Presentation 2: Presentation 3: Presentation 4: A review of violent men and intimate partner violence in South Africa Critique of the VEP: achievements and challenges Community Volunteer Based Services and Victim Support in the Western Cape The transgenerational impact of trauma Intimate partner violence in South Africa is still a huge problem characterised by very little attention being paid to the perpetrators. Also covered was the effect of domestic violence on children. The complexity of intimate partner violence needs to be understood, while integrated and proactive strategies are needed to deal with the issues. Nicro has published a ‘toolkit’ and this information is also available on the website. Noteworthy is that 40 - 70 percent of women killed are killed by their partners. The VEP was dealt with in presentation 2 which looked at the VEP in terms of its impact and support to victims of gender-based violence. As South Africa has one of the highest rape and femicide statistics in the world the VEP should provide appropriate support to these women. The presentation looked at ten submissions that were made to parliament as well as the submissions from women’s organisations and women in poor rural communities. These submissions raised a number of problems related to support to victims of gender-based violence which included generic problems, court related problems and problems pertaining to areas of service delivery. Presentation 3 concerned the case study on the multi forum communities in the Western Cape which included volunteers, official personnel, government departments and local NGO’s. From this process volunteers working with victims identified problems and provided their own solutions. NGO’s analysed these suggestions and convened a task team that regularly brought all stakeholders together to examine the implementation requirements. State organisations provided the physical support and the project funding. The model so developed emphasized the importance of policy and training for the maximization of volunteer impact and the minimizing of secondary victimization. The final presentation spoke of former victims of combat as survivors of torture and that many had tried to form meaningful interpersonal relationships but that sometimes their own internal conflict played out in the family environment. The trauma centre developed a model to address this transference to children. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 121 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 14.4 Commission 4: Theme : Research Facilitator: Ms Innocentia Mosemeng Presentation 1: The Khulumani Support Group. The DPLG Socio Economic Development Unit Presentation 2: South Africa has some of the highest gender-based violence in the world Presentation 3: Enquire Assisted Psychotherapy, a powerful Experiential Learning Model to assist victims of violence and abuse From the three presentations the commission attempted to address a number of issues: Does the VEP sector effectively address domestic violence? We agreed that the sector is not effective and needs more monitoring and evaluation and accountability. What is the role of government and the civil society sector in addressing domestic violence? There are a lot of gaps and there is confusion about roles. A protocol document needs to be developed to address issues of domestic violence and should include aspects related to reaching the people that need such services. The protocol document should also make provision for an integrated referral system. The provincial Victim Empowerment Forums should also be strengthened to provide for domestic violence issues. Is MRM really on board? Religious and traditional healers should be involved in the VEP programmes. Is restorative justice an effective approach to violent crimes? Training in restorative justice is recommended. There is a need for the mapping of services including community based services. 14.5 Commission 5: Theme 5: Research Facilitator: Mr Radesh Byroo Presentation 1: RAPCAN’S approach in dealing with children who have been affected by sexual abuse. Presentation 2: Sexual Abuse Victim Empowerment (SAVE) for complainants with intellectual disabilities. Presentation 3: A best practice model for domestic violence. RAPCAN’S presentation of their approach in dealing with children who have been affected by sexual abuse included the display of a healer’s package in a travel suitcase. The presentation covered the following: Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 122 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference In South Africa between 2004 and 2007 over 82 000 sexual offences against children were reported to the police. Statistics on conviction rates vis-a-vis the number of cases reported indicate a decrease of 24% in conviction rates for 2003 as compared to convictions for the previous year. RAPCAN’s response to the situation of rape in South Africa includes ‘The Healer’s Package’ which is aimed primarily at lay counsellors and seeks to provide a set of activities and instruments through which the therapeutic process may be facilitated. A task team in conjunction with RAPCAN developed this resource in response to the fact that very few child victims of sexual abuse ever receive appropriate treatment, due to the shortage of professionals, as well as the limitations in relation to therapeutic skills. Some of the objectives of the healer’s package include: To provide access to materials which facilitate the healing process after abuse. To empower children and care-givers to be active participants in the healing process. To provide access to community volunteers, social workers, clinic staff, educators and others, in both rural and urban communities, to practical material. To prevent the further victimisation of children The contents of the package include: A series of 5 workbooks: A therapeutic activity book for ages 4-7 A therapeutic activity book for ages 7-12 A therapeutic activity book for adolescents A therapeutic activity book for parents / care givers A workbook for healers to acquire the relevant knowledge and skills to facilitate the healing process with the child A travel suitcase that has the necessary toys and materials needed to facilitate the therapeutic activities. A pilot project was launched in which ten organizations participated. Some of the results achieved thus far have covered a variety of positive responses from the children, parents and healers. The package appears to be a tested kit and has proved to be a useful tool in dealing with children. In the presentation on sexual abuse and victim empowerment for complainants with intellectual disabilities the presentation demonstrates how the SAVE programme offers complainants with intellectual disability the same access to justice as the general population in cases of sexual abuse. In such cases perpetrators perceive people with intellectual disability as “safe” or easy targets. The victim can easily be intimidated and is often unlikely to communicate convincingly. Of concern to be noted , is the fact that the incidence of abuse among persons with disabilities is four times higher than among non-disabled people. In assisting the abused, social workers support complainants and their families and provide court preparation if necessary. In addition, the psychologist assesses the complainant’s level of intellectual functioning, competence as a witness, capacity to consent to intercourse and the emotional effect of the alleged rape. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 123 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference The trends in such sexual abuse are: • • • • • More females than males are abused. The perpetrator is often a family member or a family friend. There is usually more than one such case involving the same complainant. There is an Increase in referrals from rural areas. The conviction rate is only 28%. MOSIAC’s best practice model for domestic violence (DV) entails the organisation enabling abused youths and adults to heal and empower themselves after experiencing abuse and domestic violence. MOSIAC works in partnership with government and other service providers in the Western Cape and delivers a range of prevention and support services. MOSIAC’s integrated service delivery model includes social services, court support and skills training on gender based violence. The social services programme includes awareness, counselling, networking, support groups and a database. They also work with men and are currently developing a counselling tool for men. They also have a rehabilitation project for court mandated offenders. The court support programme includes awareness, research and training. The training programmes include life skills, assertiveness, chef assistant training, permoculture skills as well as training for service providers. Their sexual and reproductive health programme includes awareness, clinical services and research. 15. Panel Discussion: Points of clarity and questions 15.1 Aspects raised by the delegates Oversight and monitoring Regarding oversight, monitoring and evaluation regarding victim empowerment; if services are not being delivered at the grassroots level according to the manner required, who can one report to for action to be taken. The problem is that one cannot go to local forums as they are run by the same stakeholders and thus nothing will happen. The structure that was previously explained i.e. that the district forum reports to the regional forum which must report to the provincial forum which must in turn report to the IDMT is not workable, especially for day-to-day problems. Thus if a police officer refuses to investigate a case of alleged child abuse one cannot wait for six months while this goes through the system. Does the monitoring and evaluation process take into account aspects of empowerment, its content, its outcomes and its impact? Structure of the VEP Regarding structural issues of the VEP and the line function of the VEP, I understand the role of the national management team. However, for coordination one needs to have a certain structure that will coordinate and evaluate the implementation of the VEP. I would like to be given the structure and the line function starting from the local structure up to the national structure. Housing for victims of crime' and abuse Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 124 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Examples were earlier provided of what was being done in the Northern Cape regarding the provision of housing to victims of domestic violence. We therefore recommend that the National Department of Local Government and Housing also come up with a special housing programme for victims of domestic violence. The houses in the Northern Cape were built mostly by women. They were given to abused women, disabled women, elderly women and those with HIV/AIDS, a.o. The Northern Cape is also busy building houses with Statistics South Africa and later we will be joined by the municipalities. Integrated referral system Commission Five dealt with research. One study provided indications that referrals were not integrated and hence we as a group proposed that there is a need for the Department of Social Development to develop procedural guidelines for such an integrated referral system. Twinning between bigger and smaller NGO’s Regarding the issue of smaller NGO’s being mentored by bigger NGO’s – how will this be done? Regarding the bigger NGO’s that would mentor the smaller NGO’s; is there any mechanism that will be used to monitor the bigger NGO’s? There have been instances of the smaller NGO’s being exploited by the bigger NGO’s. Regarding twinning of smaller NGO’s; not all the provinces appear to be the same. In Limpopo certain basic things are not in place, for example, not all NGO’s have bank statements and therefore cannot get funding. Rather than twinning, such smaller NGO’s should be capacitated. Thus even when there is no funding they will be able to run their NGO’s. Our experience of twinning is that the main problem is the lack of capacity among the emerging CBO’s. By way of example, when NGO’s are twinned, the stronger agency is held accountable for the money that it receives and provides to the smaller agency. Our experience is that when we have tried to offer capacity building the smaller NGO’s often decline saying that they do not need it. The smaller NGO’s also do not understand the basics of budgetary lines i.e. if an item or something is budgeted for, that earmarked money cannot be used for something else that has a different budget line or has not been budgeted for. The elderly in the VEP I would like to hear that older women and men also be part of the victim empowerment programme. There has been very little said about the elderly. Volunteer training Volunteer training is important and we need to know what training there is. Further, short course training such as 2 – 3 days is not enough. And in addition, we should rather look at the long term to sustain volunteers and to create career paths for them. Volunteer training should be specific. Perpetrators and victims Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 125 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Regarding ex-combatants; who runs the programmes? Also as far as perpetrators are concerned as well as victims; are the perpetrators only men or are women also perpetrators? Also, can men be victims as well? There are women, children, elderly and other ‘focus’ persons in the department and we need to be told about issues so that we know what can be done. Research presented to the conference A great deal of research has been done and has been presented to the conference. What are the strategies or mechanisms to ensure that the research findings do not remain on the shelf and that they will be applied? 15.2 Responses by the Panel of Facilitators Oversight and monitoring If the sector is not performing well then one should follow the steps through the local, provincial and national levels. Taking the example of the policeman who will not investigate alleged child abuse one needs to go to the area station commander. If it is social workers that are not performing then there are district managers that one can take this up with. The VEP does not operate in isolation as it falls within the criminal justice system and hence there are structures in place. By way of example, at the national level there is the Justice Development Committee that is chaired by Advocate Simon Jiyane. Further, as the DSD is the lead department in terms of coordination, every month the department is expected to present a report that is integrated in the programme itself. If there is a department that is not meeting its responsibilities this is reported to the Justice Development Committee which in turn reports to the DGs cluster. Even at provincial level we have development committees and we do also have the IJS Forums. These are the forums that must take action against any non-delivery of service and they in turn also must report to the national JCPS cluster. We look at empowerment at the same time when we look where the gaps in the system are and where the challenges are. Thereafter we develop a plan that must be inclusive and empowering. Regarding the issue of the structures; we have a national task team that consists of departments and NGO’s. We also have provincial VEP forums where we have departments and NGO’s in one forum. In most of the provinces they are not running very well due to partnership and relationships that need to be worked on. Regarding district forums; the same processes are supposed to take place. Twinning between bigger and smaller NGO’s Regarding the twinning of NGO’s - in Gauteng it is already being done. Such twinning also depends on the way the business plan is written for smaller and bigger NGO’s. When funding is provided, the NGO’s have to submit 6 monthly reports via the local office. In this way, if the objectives are not being met, that office will follow up with the organisation/s and address the issue. If the smaller NGO feels that it is not getting the level of service that it should, according to the service level agreement and the business plan, they have the right ask their programme manager to have it followed up. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 126 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Regarding the mentoring role of the bigger NGO’s, a specific service level agreement is signed with specific outputs calling for quarterly reports by the smaller and bigger NGO’s. Integrated referral system In our feedback session it was indicated that the commission emphasized the need to integrate the referral system not only to cover human trafficking but to have one referral system to cater for all the victims. Perpetrators and victims Regarding the services for the combatants; no department leads this process at the moment. It is said that the DSD should take over the process and lead the programme. As to the study that was done, it was completed by the National Peace Accord Trust. Victims are considered to be men, women and children. Volunteer training Regarding training of volunteers; some are very experienced and very skilled but do not have the certificates. However there are volunteers that have different skill levels within the different parts of the sector and therefore we need a SGV to determine the level of skills and to address areas of need. Importantly, the auditing of services can identify the skills that volunteers need. Research presented to the conference Regarding research being utilised and not shelved; the conference is the platform where this is shared and the DSD is doing as much as it can to ensure that the research is shared. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 127 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference DAY 3 – PROVINCIAL FORUMS AND CONFERENCE RESOLUTIONS 16. Summary of the previous day Ms Melanie Goble, Executive Director, Leving Waters, East London. Yesterday plenary in session 1 broke into five different commissions and after a short break continued, in session 2, with another five commissions. All ten commissions were addressed by a number of speakers but unfortunately there were too many speakers and there was too little time for quality interaction with participants, which placed pressure on both groups. Hereafter the facilitators from all ten commissions provided feedback to all the delegates in plenary. The feedback generated discussions and many spoke to the challenges faced by government and civil society. We know what we should be doing but we need to get together to form a more cohesive and integrated service. As this does not come naturally we will have to work at it to make it happen. Some of the issues raised were: Multi-disciplinary and inter-sectoral services working hand-in-hand. Funding, administration and management were also identified as playing a vital role in providing quality services to clients. More interaction needs to take place between all stakeholders in the VEP sector. Civil society plays a critical role and is an essential partner to government. The mentorship role that civil society needs to play vis-a-vis smaller and emerging players is significant to help their development in the sector. The day was highlighted by a gala dinner to celebrate the 10th year of the existence of the VEP. Mrs Vuyelwa Nhlapo directed proceedings very well and the Durban Divas provided the music. The highlight of the evening and one that will remain for a long time in our memories was the short but powerful address by Dr Mogadi. He taught us the difference between knowledge and wisdom in a way I believe we will never forget: knowledge is knowing that a tomato is a fruit; wisdom is not putting a tomato in a fruit salad. We were also reminded of the (fictitious) conference where the ostriches were taught how to fly, but when the conference ended and all left - the ostriches all walked out the building. So dear colleagues the gauntlet is there, as we all leave this conference today – let us fly. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 128 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 17. A SWOT ANAYSIS BY NATIONAL AND PROVINCIAL FORUMS OF THE VEP 17.1 The Strengths, Weaknesses, Opportunities, and Threats: Victim Empowerment Forums in the Free State Province Aim of the session - Discuss how best we can improve and strengthen the provincial VEP Forums District Forums as well as local ones to be attended to as well What are the functions of the National VEP Forum as well as the Provincial VEP Forums Functions of the VEP Forums (National and Provincial) - The terms of reference has been read and will be provided to the Free State delegates. The team needs to know what is Restorative Justice so as to know how it links to the Victim Empowerment Programmes. Facilitate, evaluate and monitor the VEP Programmes. Interdepartmental and inter-sectoral forums. Developing effective governing structures such as the forums need to be established. DSD is the lead department. Capacity building. Strengthening of resources. Stimulate volunteer involvement. Reduce secondary victimisation. Encourage cooperation with the criminal justice system. Reinforce socially desired behaviour: discussions to be held with the victim as well as the perpetrator. Prevent victimisation. Ensure collaboration and involvement of critical stakeholders. Victim Empowerment is to ensure that there is a golden thread in service delivery. Governing structures for VEP - Social Development is the lead department (has to chair and provide secretariat services). Reporting to the Criminal Justice Sector Cluster. Collaboration and integration of services amongst all the stakeholders. Representation in the Forum as outlined in the Terms of reference. Each department must establish an inter-departmental Victim Empowerment Forum. Non-governmental organisations to be involved. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 129 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference - Resource directory to be developed for the Free State Province. Swot Analysis Strengths: - Passion is there. Services are available. Stakeholders in the province are identified. Structures are in place. Political commitment exists. Guidelines are available. Weaknesses: - - There is little or no coordination. No framework at the local level. Inadequate communication amongst the stakeholders e.g. invitation to meetings and other activities especially from provincial and district levels. Vague job descriptions, and because it is not made part of the key results areas, it may mean that it will be rendered on an ad hoc basis. No accountability and responsibility within DSD with regard to VEP Programmes. It is not prioritised. Limited resources available to ensure the implementation of Victim Empowerment Programmes. No acknowledgment of VEP in the Provincial Treasury hence no adequate funds are made available. Marketing of the VEP is not adequate. Training is not integrated. Opportunities: Roles and responsibilities of districts to be clarified and strengthened. Increased commitment by the various departments. These stakeholders will have the opportunity to go back to their various departments and organisations and market the VEP and to motivate involvement and VEP’s prioritization. This especially at the District and Local levels. Conference provides the opportunity to enhance VEP. Threats: Confusion in terms of the inclusion of VEP in the job descriptions of personnel in Social Development. VEP is rendered on an ad hoc basis. Representatives serving in the forums may not have decision making powers and thus it may happen that activities to be undertaken are delayed. Sustainability and no security for organisations, especially when funding is not available. Dynamics in the district and local municipalities are not the same. Misuse of the same person who is always nominated to serve in forums, especially at district and local level. The person may not be able to cope with the responsibilities and it may happen that inadequate attention is given to the VEP activities. \ Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 130 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 17.2 The Strengths, Weaknesses, Opportunities, and Threats: Victim Empowerment Forums in the Gauteng Province Swot Analysis Strengths: Functional provincial forum. 11 functional regional forums. Partnerships with local government, DCS and DSD exist. There are also other structures such as health forums and para-legal forums. Shelter networks. Community safety sector summit structures. Variety of other structures in the province. Skilled people and structures. Committed and loyal members. Good interpersonal relations with most service providers and stakeholders. Weaknesses: Multiple forums and committees. No standardized structures and policies within local government. Local government now setting up crime prevention, victim empowerment, and gender and men’s forums. Lack of synergy among existing structures. No coordinated NGO structures. Opportunities: Development and signing of SLA’s and MOU’s. Database of all organisations that will cluster organisations according to service levels. Database of all forums, which allow organisations to slot them into the correct forum. Involvement of Men and Boys and perpetrator programmes. HOD’s and Directors of NGO’s to nominate representatives with a formal mandate to represent agencies, departments and organisations at the provincial forum. Threats: Diversity of organisations. Poor understanding of people’s roles and responsibilities. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 131 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Lack of knowledge on structures. Multiple understanding of VEP and its focus. Lack of dedicated people to attend forums. attendees change. Lack of MOU’s and SLA’s. NGO’s are more consistent, but Government Additional Notes: 17.3 The roles and responsibilities of the different levels of the forums were unpacked (Anna). How do we bring all the issues of vulnerable groups of victims onto the agenda: LGBT, the elderly, disabled, refugees etc. We also need to ensure that male victims of crime are included and not only focus on women and girls, and on domestic and sexual violence. Local and regional structures are in place to ensure that service protocols exist and that they are implemented. They monitor agreements that are set up to ensure that local services are offered. Provincial structures exist to ensure that the environment required for the local structures to function is created. It also addresses geographically cross-cutting issues, such as resource allocation and policy development. Departmental representatives should be put forward by the relevant HOD’s and should have the capacity to make decisions. There was some discussion around the division of issues at the local level. Some participants felt that there should be multiple focus groups at the local level to look at specific groups, while others felt that there should be one large forum, in which victim specific issues can be addressed. Forum members need to be skilled and capacitated in order for the forum to function correctly. New recruits need to be inducted into the culture and mandate of the forum. The Strengths, Weaknesses, Opportunities, and Threats: Victim Empowerment Forums in the Eastern Cape Province Swot Analysis Strengths: We have people dedicated to the program. The availability of funding from the Department for the implementation of the program. A fair representation of all stake-holders. The funding of the establishment of integrated safe-homes, where people can access to services. Two victim support centres that are in Eastern Cape. We have policies and guidelines already in place. We have gathered at the conference as network partners. We have a referral system and role clarification. We have commitment to continuous training and development of service providers. We have passion for people. We have an awareness campaign and integrated programs at the local level. The exposure we get from the DOSD. VEP is a provincial priority. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 132 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference We are getting donor funding for the Eastern Cape from the UNODC. We have an integrated program for Family Resources and the VEP. Conducting research into identifying the needs of the people for optimal utilisation. There are CARA funds available. Weaknesses: Inconsistencies of the retention of staff. Lack of commitment to attend forum meetings. Lack of integration in awareness campaigns. Working in silence in certain sectors. Timeous communication. Monitoring and evaluation. Collection of data and sharing the important information. Lack of capacity in certain NGO’s to ensure minimum service delivery. Few organisations that deal with VEP issues at a local level. Lack of institutionalised training. Involvement by the Premier’s Office. Private sector is not always used for funding. Opportunities: Funding, as government has made funds available for these programs. Universities in the provinces that can assist the VEP. Political support. Faith based organisations to be involved. Training for more effectiveness. Strengthen partnerships with the private sector. Well established organisations to assist each other. Threats: High level of human resource turnover. VEP is a provincial priority, but other departments, though they have the mandate, do not prioritise VEP. We do not have an integrated year plan. We are reactive as a forum; we only act when something happens. Issues of corruption. Xenophobic attacks. The instability of the SADC region. Make sure that we are visible as a program. The moral degeneration of society. We don’t propose solutions and positive alternatives with our preventative programs. We need to produce more therapeutic programs within our province. The scarcity of social workers within our sector. Escalating alcohol, substance abuse, drugs and satanism. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 133 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Changing factors affecting the family and the lack of a support system for vulnerable child-headed households. Institutional mechanisms were also discussed: The VEP forums: There are some districts that have existing forums, but in others there are no district forums that are active. There are also local joint structures that exist and are active. The DSD is supposed to be the lead department for the VEP forums. We also need to strengthen the NGO-VEP forums. Recommended Structures: We need to strengthen the district and local forums, without any duplication. A suggestion was made to approach the Independent Complaints Directorate to join our VEP forum. Dates of meetings: Provincial Forum should be held bi-monthly. District Forums will inform the provincial office when they are going to meet. They are also to submit minutes of the meetings to the provincial office by the 30th of each month. These meetings should also be held bi-monthly. Area Forums/Local Forums to meet monthly and monthly reports to be submitted to the provincial office. The reports to be submitted by areas and districts should be on the 25 th every month. On the 2nd September, the Provincial Forum will come up with a list of the dates for the rest of the year. 17.4 The Strengths, Weaknesses, Opportunities, and Threats: Victim Empowerment Forums in the Kwa-Zulu Natal Province Aim of the Session Discuss how best we can improve and strengthen the provincial VEP Forums. District Forums as well as local ones to be attended to as well. Determine the functions of the National VEP Forum as well as the Provincial VEP Forums. Swot Analysis of the VEP Forums Strengths: The Provincial Victim Empowerment Forum. NGO’s as a sector. Good legislation. A dedicated budget that is part of the DSD. A restorative justice programme. Department of Justice. The Constitution demands that we provide equal services. Opportunities: Regional and local forums. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 134 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference SAPS started a monitoring system which includes 122 police stations. Counselling and court preparation of victims. The point of entry should be there for, with the regional forums reporting to the province forum. Use in the VEP of some database. Larger NGO’s to mentor emerging NGO’s. The CSIR has a child network database that is online. Weaknesses: Regional integration is pivotal and is not yet attained. Provincial victim empowerment forum meetings; only one meeting thus far this year. The structure of the forum to be adapted to meet the needs of all stakeholders. Need to enact the VEP draft policy. Need for benchmarking. Sometimes the programme exists but is neither fully active nor decentralized. Inadequate services for the elderly and disabled. SAPS personnel get training but specialization is needed and staffing is required. More mentoring to take place. Staff are challenged throughout the sector. Need a database of NGO’s in KZN to know what services are available.(1) New service providers need to be compliant to registration requirements. DSD is the lead department but cannot do everything. A national drive to skill the youth. Threats: Training and capacity is need in police stations in Zululand and other areas, as they do not know how to deal with victims and thus secondary victimization takes place. Some rural areas have no victim empowerment and no NGO support groups whatsoever. The recommendations were identified a follows: A Doctorate has recently been completed and this research should be obtained. (1) The databases / lists of KZN actors’ needs to be circulated among all stakeholders and to then reside with the Provincial Forum. A study to be done to determine the minimum standards for the VEP. Swot Analysis of the current Victim Empowerment Forum: KZN Strengths: Monthly protocol players have meetings: Justice, NICRO, Legal; Aid Board among others. To obtain information the Province Coordinator can be contacted. Weaknesses: Social workers see shelters as places of safety. While certain actions work at particular levels they do not work at all levels. Need to look at the Terms of reference of forums regarding what they address and who the role players should be. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 135 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference The victim empowerment forum is not able to implement decisions as they do not have the mandate. (1) Representation at the forum is not fixed. (2) Regular attendance does not occur. There must be standards of reporting and the resolutions of the forum must be implemented. (2) Need to improve the structures: district, regional and local. (2) Municipal boundaries also present complications to the structures. (2) Need to have four regional managers to manage the regional structures. The various departments must nominate people to attend meetings. Opportunities: Province to have an integrated Justice Forum. UNODC will fund provincial coordination for the province. A person will be appointed to coordinate the Provincial Forum. Determine the size of the clusters? Should all eight departments be involved as well as the eight from each district municipality? Who will represent the NGO’s and how will this be determined? What is the feedback mechanism to other NGO’s regarding what decisions are made at these clusters? (3) Learn from other provinces. Departments should align their staff according to how the regions are defined. Threats: Overlapping meetings due to different regional demarcations result in people not attending the meetings after a while. There needs to be a commitment to the regional meetings and to the VEP. Specific Recommendations The victim empowerment forum should be driven from a higher level and DSD should ensure that all forums operate properly. (1) A responsibility manager is needed to resolve such issues. This needs to be discussed with relevant counterparts. (2) One of the prerequisites for this is a database of stakeholders. This needs to be deliberated at the provincial level by the right people. (3) A provincial coordinator could provide the necessary coordination. (3) The terms of reference must also be dealt with at a provincial level. (3) The persons that need to attend structures need to receive a letter mandating them to attend and thus their responsibility is clear. (3) Bi-monthly meetings should be held in Pietermaritzburg with NGO’s that operate at the provincial level to also attend. Terms of reference to be circulated. Finalization of the terms of reference must be an initiative at the national level. Regions need to be clarified as the Department of Justice, Department of Health and other departments have their own regions that differ from those of DSD and others. This impacts on the clusters as well. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 136 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 17.5 The Strengths, Weaknesses, Opportunities, and Threats: Victim Empowerment Forums in the Mpumalanga Province SWOT ANALYSIS Strengths: The expertise of people involved in the VEP. Local forum meets quarterly. There is political will and support. The province has the organisations in place for the VEP. Service delivery is provided despite a number of capacity challenges: human, capital and other resources. Capacity building is provided to a wide range of people and organisations e.g employees and CBOs. There are dedicated staff and stakeholders. Thuthuzela task teams have been established and are supported. Awareness campaigns are conducted on all VEP conventions. Weaknesses: ● ● ● ● ● ● ● ● ● ● ● ● ● ● Lack of an integrated approach. Senior management does not give support and guidance. They don’t know the VEP, themselves. Inadequate and inaccessible shelters. The shelters are poorly staffed. There is insufficient reporting of information obtained from workshops. NPA is not sufficiently active in the province. Lack of consistency of performance on VEP programmes by capacitated people in the province. Generic approaches versus specialized approaches puts pressure on staff. There is poor budgeting across departments. The IDP does not prioritize VEP, especially housing for victims. Forensic medical nurses that are employed for the investigation of rape cases are not recognized as specialists. Poor working relationships with municipalities. Municipalities are often characterised by inconsistency in addressing the needs of victims. Capacity of medical and health professionals is poorly addressed, together with the lack of a retention strategy. Opportunities: Identified stakeholders to hold regular meetings. Use legislation at our disposal. Appointed coordinator to oversee and manage coordination. Use the budget wisely to achieve maximum results. There are opportunities that can be maximized regarding the World Cup in 2010, for e.g. setting up measures to mitigate the issue concerning human trafficking because there are no formal laws to regulate this crime. Threats: Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 137 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Mistrust: The NGO’s regard Government as not willing to give resources. NGO’s are not accountable for funds allocated to them. Lack of staff: No VEP designated staff in other NCPS Departments. VEP posts are not budgeted for and not filled. Paradigm shifts: Officials are not willing to change and internalize the VEP objectives and address it as a Programme in its own rights and to implement it accordingly. Working in silos: NCPS departmental services are not integrated. Competition amongst the various departments is unhealthy. Institutional Mechanisms Commitment. Integrate services in line with NCPS. Performance of employees (PMDS) to be inclusive and to clearly include VEP and also to be measured. This will reflect commitment. All departments to have designated posts for VEP. Need for DSD to have a MOU with all the stakeholders in VEP. Departments to align their operational plans / strategic plans with the NCPS. These combined strategic plans can form a VEP Action Plan for the province. The challenge is that there are many structures in place that cause duplication which results in poor attendance (1). Structures 17.6 There should be consolidation of structures in DSD. In addition there should be statutory obligations. (1) These issues to be finalized in the coalition meeting scheduled for September 2008. All dates to be sent out after consultation. All meetings to be held quarterly in line with operational plans / budgets. The Strengths, Weaknesses, Opportunities, and Threats: Victim Empowerment Forum in the North West Province SWOT Analysis Strengths: Local and provincial structures exist. Draft integrated victim empowerment policy exists which includes other stakeholders. Existing draft secretariat improvement plan. Active participation of forum members. Resource directory is available. Coordinated activities. Funding is available. An integrated VEP plan in place. Weaknesses: District forums have not been established. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 138 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Local structures are not capacitated. Lack of involvement of other stakeholders. Lack of human resources capacity. Lack of representivity. No consolidation among forums. Inadequacies in civil society. Principle of coterminous (common boundaries / demarcation) not observed by all stakeholders. An ineffective referral system. Opportunities: Stakeholder mobilization. Adhere to coterminous boundaries /demarcations. Platform of coordinated approach for NGO’s through the VEP. Threats: ● ● ● Different area demarcations by departments that prohibits proper coordination. Not all departments are involved. There is no collaborative data base for the victims. Recommendations: ● Guidelines for representation at provincial and local forums. Institutional mechanisms: Establishment of ward forum/s, local forum/s, district structures and provincial forum/s. Develop guidelines for the setting up of the forums. Local forum/s should ensure the inclusion of information at ward level. Recommend Structure: A Provincial Forum A Provincial Forum which should be composed of two representatives from District forum/s, Provincial departments and NGO’s. The Director for the VEP programme to be an ex-officio member. Local Forum Local forum/s should consist of ward committee members, departments, NGO’s and a service point manager as an ex-officio member. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 139 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference District Forum This forum should consist of three people from the local forums and district NGO’s, CBOs and FBOs. The District manager to be an ex-officio manager. Meetings Quarterly meetings are held by the Provincial forum. Local forums hold their meetings monthly. Recommendations To establish district forums. To distribute the secretariat improvement plan to stakeholders and districts for their inputs. 17.7 The Strengths, Weaknesses, Opportunities, and Threats: Victim Empowerment Forums in the Western Cape Province SWOT Analysis Strengths: The province has 26 well established structures which, to a variable extent, deal with VEP related aspects and represent all categories of victims. (However, the provincial VEP office has been operating for some time as an on-and-off structure. Largely, in its absence the departments have been guided by the NCPS in making plans and assigning a budget to implement those plans) Minimum standards for shelters are in place. There is a focused victim centred campaign. Victim services are more visible. Victims are now involved in parole board hearings. Weaknesses: It has been noted that some people sit in many forums and debate similar issues over and over again. The Provincial VEP Forum is supposed to coordinate the 26 structures that were formed independently of the VEP process. (the latter was in response to variable challenges in society. As a consequence there is both duplication and fragmentation of vision and purpose) The victim empowerment policy is still in draft form. There is no fulltime dedicated DSD coordinator. The program is under-resourced mainly because victim empowerment is seen as peripheral. There are no sufficient local /rural forums. Where there are, they are not adequately supported. Very little awareness and prevention work is done. There are very few therapeutic services to victims. Opportunities: The appointment of Ms Sharon Kouta as the Western Cape VEP Coordinator (UNODC) is a huge plus for the province. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 140 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Even though she has no counterpart at the provincial government level, her influence can be counted on. The broad spectrum of representation in the various structures has potential for a powerful forum once it is formed. Community Reparation Funding will be available in the short term which will open further avenues for intervention. Communities are beginning to assert themselves in terms of developing local forums. The European Union has pledged 20 million Euros nationally which, together with the funds from the Assert Forfeiture Unit and elsewhere, will boost the resources for the VEP. The guidelines and instruments and protocols are in place. The local authorities remain to be tapped. Threats: There is no mechanism for accountability. There is insufficient monitoring and evaluation of what all provincial structures are doing even with bi-lateral agreements in place in most cases. There are no mechanisms for enforcing existing policies such as the Victims Charter, minimum standards, and so forth. There is no Western Cape Coordinator from September 2008 onwards. Changes in the political climate in the country and regionally cast a cloud of uncertainty. Deteriorating economic climate places a strain on the meagre resources of most structures. Inconsistent attendance of meetings by key stakeholders robs the VEP of building momentum since delegates miss meetings and have to be updated. Alternatively, different people represent certain structures and attend without being previously briefed. It is normal for such people to be ‘lost’ and to profess that they have no mandate from their departments to vote on issues. There is a trend of drawing CSOs in as service providers. The negative effect of this is that CSOs find little time to concentrate on their advocacy work and have to nurse the egos of their ‘employers.’ Unregistered shelters operate in shocking conditions and thereby harm the reputation of the sector. The SACCP has a negative view of counsellors and volunteers. Recommendations: Urgent attention must be paid to the appointment of a dedicated VEP Provincial Coordinator for DSD and for all other departments in the province. VEP is a programme that cuts across all other programmes, sectors and provinces; and as such needs a dedicated driver. Some of the current Structures Structure 1. Gender Justice Forum 2. Prov. Victim Support Task Team 3. The Network on Violence Against Women Parent Organization(s) Dept of Justice Correctional Services, SAPS, BAC, Network NGO’s Frequency of Meetings Monthly Monthly Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 141 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 4. Prov. Child Protection Committee 5. Housing Forum 6. Western Cape Forum for Intellectual Disability 7. Western Cape Forum for Mental Disability 8. Shelter Focus Group 9. Trafficking Task Team 10. 777 Alliance 11. Prov. Child Justice Forum 12. Prov. Gender Machinery 13. Network for Refugees (Tutumiki) 14. South African Women in Dialogue 15. Children’s Rights Advisory Council 16. Social Transformation 17. Human Rights Network 18. Rape Survivors Reference Group 19. Safety & Security Forum 20. Early Childhood Development 21. Western Cape Older Persons Forum 22. Volunteer Policy Working Group 23. Substance Abuse Forum 24. NECOSA (Western Cape) 25. Anti- Gang Forum 17.8 Social Development NGO’s NGO’s NGO’s Justice monthly Monthly Premiers Office Ad hoc Premiers Office Premiers Office (being phased out) Ad hoc Ad hoc Prov. Safety Security & DSD Monthly Monthly Districts – monthly; Provincially – bi-monthly State & Civil Society DSD NPA The Strengths, Weaknesses, Opportunities, and Threats: Victim Empowerment Forums in the Cape Province Aim of the session: Discuss how best we can improve and strengthen the provincial VEP Forums. District Forums as well as local ones to be attended to as well. Determine the functions of the National VEP Forum as well as the Provincial VEP. SWOT Analysis (National and Provincial) Strengths: We do have a common understanding. Major stakeholders are involved. Commitment from stakeholders. Meetings take place regularly. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 142 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Roles of the stakeholders are clear. Provincial VEP Forums. District Forums. SAPS, WAC, CPF, victim friendly facilities, FCPU. Correctional – Complainant Involvement Programme. Training by NICDAM. Accentuated and integrated public awareness. Weaknesses: No local VEP Forums. No organized supportive NGO sector. Lack of vibrant NGO’s. Lack of marketing and communication strategy for VEP. Lack of integration in the VEP. Opportunities: Involvement of young constables in VEP. Standardized marketing strategies. Re-orientate CDW’s in stretching the VEP services. An improved plan of action. Standardized reporting format. Conscious custodian of VEP in the Province. Creation of gender focal services. Develop a special recruitment strategy for scarce skills. Threats: Absence of OSW in the VEP. Limited budget allocation for the VEP. Lack of dedicated VEP staff. Vastness of the province. Lack of infrastructure and poverty. Cultural diversity. Sustainability of volunteers in terms of stipends. Substance abuse in the province. Lack of vibrancy of MRM. Absence of social workers and the lack of a retention strategy. There is a lack of political buy-in. Institutional arrangements Development of a recruitment and retention strategy for social services. Designated official to run VEP forums. Rotation of chairman to involve all role players and Social Services and the Department of Justice to remain the custodian. DSD to be the permanent secretariat. Representation at VEP must be mandatory and obligatory. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 143 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference A proper schedule for VEP meetings to be diarised and the VEP forum should meet bimonthly. JPC to present the 10th anniversary VEP conference report plan by the end of September 2008. Strengthening the VEP forum by end of October 2008 by including the following: Provincial OSW MRM SALGA SASI Kgalagadi district Traditional leaders All districts VEP Forums need to be re-organized by the end of November 2008. Local forums must be established by end March 2009. Pursuable resolutions: Integration of services Come up with a strategy of dealing with local government and to come up with a strategy in allocation of housing for victims. 17.9 The Strengths, Weaknesses, Opportunities, and Threats: Victim Empowerment Forums in the Limpopo Province SWOT Analysis Strengths: VEP structures are in place especially in various government departments and communities. The Provincial and district coordinators are elected and active at all levels. The volunteers are recruited and trained. The involvement of most of the relevant departments and stakeholders. Long and short term shelters are in place. Commitment and goodwill of VEP management. Calendar of activities is observed e.g. 16 Days of Activism. Provincial summits are held to strengthen the partnership between government departments, civil society and the business sector. Annual General Meetings are held as a revival of the programme in the province. Weaknesses: Lack of cohesion and solidarity within civil society. Lack of implementation of resolutions taken in meetings. Slow response by the private sector to assist structures. Insufficient and inconsistent funding. Not all officials in the Community Service Centre are trained concerning the VEP. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 144 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Other departments do not have help desks/coordinators on VEP. Opportunities: Training of volunteers concerning different legislation. Volunteers to be sent for auxiliary social work training. Introduction of the Thuthuzela Care Centre in the two districts i.e. Vhembe and Capricorn. Workshops to be conducted for volunteers on issues such as human trafficking and moral regeneration. Strengthening of partnerships through provincial summits. Awareness campaigns need to be conducted. Relations between SANGOCO and VEP. VEP is linked to EPWP. Management support from different departments. Political support to VEP programmes. Threats: Lack of standalone capacity of civil society Civil society does not speak with one voice. Insufficient capacity among certain volunteers. Brain drain of NGO’s to government. Participation of NGO’s in marketing of VEP services. Language diversity. Insufficient funding. Lack of support from the business sector. Funding from DSD not inclusive e.g. human resources. VEP centres at district level are still depending on SAPS and DSD for transport to render awareness campaigns. Institutional Mechanisms: Chairing of the VEP structure is different from one district to another. Provincial structure, district structure, and local structure. Represented by DSD as lead department with other departments. Only four districts have VEP committees (except Waterberg). Recommended Structures in the VEP: Department of Health and Department of Social Development. Department of Education. NPA-SOCA unit. Departments of Justice and Constitutional Development. Department of Correctional Services. SAPS and CPF. House of Traditional Leaders. SACC and FBOs. Department of Home Affairs. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 145 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Department of Provincial and Local Government in the Province with SANCO. All Civil Society Organizations in the VEP sector. Institutions of higher learning. Youth structures at all levels. Business structures. Traditional healers association. Moral regeneration movement. Department of Security and Safety. Labour Unions. Terms of Reference for Provincial and District Forums: Promote coordination and implementation of victim friendly policies and services within the provinces and within government departments. Standardized mechanism for referral systems (protocol). Development of resources directory for the province in terms of service providers and available services. Effective evaluation and monitoring mechanism. Develop a schedule for conferences, seminars and workshops in the VEP and trauma support. To handle communication and coordination of problems such as to identify crucial areas of public information which are lacking in government and the NGO’s. Develop a communication strategy for the VEP management team. Promote the participation of NGO’s in issues of VEP. Develop a programme for the extension of victim offender mediation. Proposed Dates for Provincial Meetings: 18th September 2008 20th November 2008 22nd January 2009 19th March 2009 17.10 The Strengths, Weaknesses, Opportunities, and Threats: National Stakeholders SWOT Analysis Strengths: VEP moved from a development approach to being action oriented. Movement towards pro-active approaches. Buy-in from leadership and from political leadership for the national strategy. Legislation and policy frameworks are in place. The lead department has been strategic. Commitment from civil society. Have learned lessons from past experience. Crime and violence issues have been mainstreamed. Existence of victim empowerment programmes. Team work. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 146 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Intra-departmental DSD meetings can serve as an example for other stakeholders. International support. VEP management structure intact and operational. Terms of reference for management team exist. Threats: ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● Sustainability of the sector includes management issues. Erosion and degeneration of a human rights culture – e.g. xenophobia. High crime rate (especially among the youth and in schools). Internationalization of democracy and human rights culture is lacking. Changing role/s of people in management structure/s. Lack of funding for civil society. Lack of self-reflection in the sector (government and civil society). Lack of understanding of sector specific integration of structures. Victim empowerment: victim and UNODC linkages have not been done. Insufficient platform for self reflection. Possible increase in the exploitation of women and children in 2010. Lack of adequate planning for 2010. Changing political landscape and uncertainty. The level of victim empowerment representation. Victim empowerment 100 is broad and diluted. Non-delivery after the Summit and after the Conference. Opportunities: Different funding models. Learnerships. Presenting the victim empowerment budget to Treasury. Resources are available (resource allocation). Re-structuring of the criminal justice system. Many stakeholders and possible resources. Available best practice. Resolution could be disseminated to different stakeholders. The 10th anniversary has created new energy. Change in political leadership. Funding by UNODC can open other funding opportunities. The media. Role of civil society in advocacy and lobbying. Emphasis on safety at the 2010 World Cup. SAQA qualifications. Video opportunity for marketing. NGO victim empowerment Summit. Using the voice of victims for marketing. Use international platform and obligations. Use restorative justice. Research: evidence based. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 147 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Packaging and strategizing of the conference resolutions. Communication and information strategy. Weaknesses: All departments do not support the NGO’s. All cross-cutting issues are not represented. Local government is not sufficiently involved in VE issues. Registration of NGO’s and the necessary legislation in this regard. Lack of a volunteer management system and policy. Lack of a standardized funding model. Lack of inter-departmental meetings and coordination. General lack of community mobilization. Costing for budget and victim empowerment is ineffective. Separate victim and victim empowerment meetings. Information and knowledge management and communication is lacking. Department of Communications as a key partner is not involved. Accountability, oversight and monitoring are lacking. Victim empowerment is not integrated in strategy plans of department. Mechanisms for monitoring of service delivery. Fragmented and non-collaborative partnerships Clarity of goals in partnership with civil society is lacking. Unrepresented and non-mandated civil society involved. Lack of local government representation and other departments. The management forum is not a strategic structure. Lack of inter-departmental collaboration. Insufficient transparency regarding the victim empowerment budget. Lack of political buy-in on victim empowerment. Strategy objectives are not well unpacked and thus are difficult to operationalize. Recommended structures Institutional Mechanism Provincial counterparts are not communicating with National counterparts. Ensure that VEP appears in each department’s strategy plan and that monthly sector reports are provided. Have a targeted strategy and budget for the victim empowerment sector. Have an illustrated version of mechanisms and structures for the victim empowerment sector. Have a two-day strategy plan for the team that will also include an expanded national representation and also taking into account the victim empowerment links with structures. Next year have a cluster budget that is inter-departmental. Need to have civil society representatives to endorse the strategic plan/s. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 148 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference A revision of the victim empowerment strategy. Need to develop an action plan from the conference resolutions and the Summit discussions. Have nodal (and not just a contact) person for the department. Need to look at links between victims, victim empowerment and the UNODC. 18. Message from the Civil Society Summit - June 2008, Ms Venessa Padayachee, NICRO (Summary) I will not provide too much detail of the Summit as there is a full report thereof. I will however make the link between the Summit and this conference as the Summit indeed led up to this conference and in both cases had the partnership of the EU, the UNODC and DSD. The Summit theme was: ‘Strengthening Partnerships in Delivering Integrated and Coordinated Services for Victims of Crime and Violence.” Thus the Summit was looking at the importance of partnerships and coordination. The mandate of the VEP programme calls for partnerships between national, provincial and local government departments and civil society organizations, volunteers, the business sector, and the academic and research institutions. The purpose of the VEP is to facilitate the establishment and integration of inter-departmental/inter-sectoral programmes and policies. Again, note the emphasis on partnerships. To achieve the vision of the VEP and to improve and expand the structures and services require the strengthening of partnerships with civil society and other stakeholders and the creation of a supportive environment for sustainable partnership formation. We have spoken about the importance of partnerships for the last ten years and we are at the stage where we require practical solutions. How do we strengthen these partnerships and are we clear as to our roles and responsibilities? Partnerships require such clarity if they are to be effective and strengthened. Further, partnerships require clarity regarding principles and values. These are aspects, among others, that the Summit dealt with. The delegates at the Summit were drawn from CSOs, NPO’s (incl. CBO’s, NGO’s), academic and research institutions, the business sector, students, government officials and the UNODC. I feel that at the conference and similarly at the Summit, there is real commitment from government and from civil society to improve their working relations and to work more effectively together. The issues that came up at the Summit and that have come up again at this conference are: Establish a strong representation/presence of civil society at both national and provincial level to improve service delivery. Explore strategies to address issues of capacity building and sustainability for civil society. Building government, business and civil society partnerships. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 149 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Promote dialogue, collaboration and coordination. The duality of the role of civil society which includes advocacy. Identify challenges and create solutions to strengthen the VEP sector. A summary of key outcomes from the Summit: Partnerships Strengthened and sustainable partnerships. Funded partnerships with all relevant government departments. Civil society, business and government partnership, including relevant funding models. Creative and collaborative funding models that can include funding from a cluster of government departments. Thus other government departments, other than the DSD, should embark on establishing funding models for the VEP sector. The Summit commissions also looked at these issues. Involvement of provincial and local government. Respect and acknowledgement of civil society’s dual role in advocacy (shaping policy) and being a service delivery partner (supplement government services). Civil society needs to organise itself to be a watchdog in the country. Clarity of roles and responsibilities. These various funding models that were discussed at the Summit will be taken up in the operationalized action plan presently being formulated. Coordination and Integration How does civil society organise itself; and the possibility of a civil society network was raised. At the National Management Team level we have realized that civil society organisations that are represented on the team do not have a mandate from civil society to represent their interests and certain issues. Therefore we need to look critically at how civil society will achieve adequate representation at every level. I would like to ask civil society organisations to remain behind after the plenary so that we can look at a way forward regarding this proposal. Facilitate more structured coordination, synergies, and partnerships among CSOs. The shelter movement was launched at the time of the Summit and the progress made regarding shelters is promising. Government: intra-departmental and inter-departmental coordinating issues and partnerships were raised. At the end of the Summit there was a very real sense that the objectives and the theme had been accomplished. The issue of civil society came out quite strongly at the Summit; their roles and how to strengthen the partnerships and the need to understand the historical role of civil society organisations in South Africa. This important historical role was acknowledged by government to civil society at Summit. Key issues and critical themes emerging from of two day deliberations Although there are interventions across the country many are not equally distributed, coordinated and some are not sustainable. Key issues of sustainability were raised so as to engender strong partnerships. Sustainability and funding, including long term funding, are important for service delivery. These issues are contained in the Summit report and will be contained in the operationalized action plan. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 150 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Lack of adequate collaboration with the civil society sector. The history of the civil society movement and the current funding models has created a situation where civil society organisations do not work together. The competition for limited funds has caused this lack of cooperation in the civil society sector. There is complexity in the civil society relationship with the state caused by the dual roles of being a service delivery partner and of being a ‘social watch dog’. Added complexity is also due to the power dynamics. The Summit programme included five commissions that looked at the following: Coordination of services in the VEP sector. Sustainability of CSOs on Community Based Services (Best practice models). Effective services rendered to victims of crime and violence in shelter and the role of government and civil society in prevention programmes. The vision of the NPO on the Financial Award system. Role of Business Sector in Victim Empowerment. The services in the VEP sector require: Coordination. Mobilization of civil society organisations. Strengthening of forums. The above emphasizes the value of the victim empowerment forums; the mechanism and the structure actually facilitates participation, especially by civil society organisations. Unfortunately many of these structures have not worked optimally with some no longer working, especially at the local level. Often the test of overall coordination is the collaboration and coordination at the local level. There is not enough time to go through all five commissions but the overall message was that there cannot be proper service delivery if there is insufficient coordination and partnership. If one looks at the issues of sustainability of societies it is clear that a definition and clear understanding of the ‘what and how’ of the sustainability of the sector and the role of stakeholders is needed. It requires benchmarking locally and abroad and also the building of capacity as a priority so as to share expertise, resources, and power. This includes building synergies and partnerships among civil society organisations at the local level. Further, civil society has to build sustainable strategies that also go beyond funding and it also needs to treat business as a partner. Business should not be seen merely in terms of funding, but should be viewed in terms of capacity building, and a resource base of skills and knowledge. The issue of volunteers came up at the Summit as well as stipends for volunteers. There is a need for a national volunteer policy. Regarding stipends; there is no standardization of amounts, with different amounts paid by different departments and different organisations. The Summit dealt with the questions of clarity and the observations of the delegates. These were as follows: Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 151 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Civil society relies on government financial assistance to provide services and this is the obstacle to civil society fully taking up its dual role. Due to the important role played in extending government’s service delivery, civil society asks for greater respect from government in recognizing its dual responsibility. Civil society needs to unite on the issues at hand and on their rights. CSOs need to get their house in order and look to the example of the unions that had no teeth until they united. There is a need for critical and strategy thinking Insufficient space for consultation and for dialogue and hence such space should be created. More prevention strategies. Collaboration and partnership can only take place if persons involved are ready for such relationships. Clarity of government and civil society roles and responsibility. This relates to the ‘power dynamics’ of the government and civil society partnership. More involvement of CSOs. Lack of transparency government spending. In closing, the common vision is to strengthen partnerships and to improve services for victims of crime and violence. Although it has been raised time and time again – we are hoping that through the Summit and this conference that this does not become a talk shop. There are however proper operationalised action plans. There is a proper communications strategy and there should be a follow-up as to how the plans have progressed. This is also a bottom-up and not only a top-down approach. This process can improve with the strengthening of the VEP structures at a local levels; this is a key priority of the VEP at present. 19. Endorsement of the Conference Resolutions: Advocate Brandon Lawrence, VEP Management Team Member, NPA We have asked a lot of questions and most importantly we have asked questions of a programme that is only ten years old. Why are we so negative, we need to ask ourselves? We also need to ask ourselves: “Have people actually listened?” We are all here to achieve the same objective. We should also ask ourselves if we have listened, and if we have been asking the right questions? Based on the above I have gone back to the presentation and the resolutions that were made as a team. Firstly, we have to acknowledge that we have made significance strides. Also we have to acknowledge that the concerns are real and that they have a direct impact on seamless service delivery. We are here to reflect about what has been good and bad over the past ten years. The case study on the first day, as to how a victim is assisted by the various government department stakeholders was instructive of the need for coordination. We need to see how successful the case study was in the areas of dis-coordination and the non-alignment, and in sector specific priorities as opposed to victim centred policies. We need these aspects to come through in the resolutions. But before I go further, the VEP Management Team deserves a round of applause as they are ‘walking the walk.’ However, the road ahead requires the embodiment of the spirit of partnership and Ubuntu and it is this that needs to be implemented. In terms of the search for partnership the quote from Cheryl in one of her commissions is useful: “We search for this partnership which seems to be more elusive than the Holy Grail.” Nobody has Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 152 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference found the Holy Grail and therefore this should be a reality check. But we have good services in South Africa as several presentations showed and it is this we need to embody. Some of the key issues that the resolution would seek to address are; integration, mobilization of communities in crime prevention, sustainability of services , partnerships between government and civil society and the acknowledgement of civil society and the acknowledgement of the need for legislation. We ask ourselves when we look at these resolutions – how far have we come in ten years? Did we examine the VEP challenges and do we have an operational rights framework? Have we benchmarked indicators for success? Are policies aligned and is the implementation thereof effective? In light hereof we commit to the following conference resolutions: We acknowledge and recognize the role of government, the role of civil society, the role of men and boys and ex-combatants (both as victims and as partners), and the role of volunteers. What we commit to is an independent legislatively established authorized governing body for victim empowerment. This will be aligned to the victim empowerment integrated policy and will also take the responsibility for the accreditation, de-accreditation, certification, de-certification of services and services providers. It will assist with the monitoring and implementation of the Victims Charter and the minimum standards. At this point I should add that I went through the previous conferences’ resolutions: among others, we said that we needed to make sure that the Sexual Offences Act is passed. Also listed was that we need to make sure that the Children’s Act is passed, and thirdly we said that we needed to start addressing coordination through the establishment of structures. We have these and we need to give ourselves a round of applause. But at the same time there were certain resolutions that still remain; I will get to those a little later. We need to assist in the monitoring of the Victims Charter. Previously that resolution read that we need to assist in the development of the Victims Charter. It has been achieved. We commit to assist in the monitoring of the integration of the Victim Empowerment Policy. We further commit to operationalise the provincial implementation plans for the victim empowerment policy and ensure that the development of good practice models are informed by the victim empowerment policy framework and that they are rolled out in a coordinated manner and ensure the sharing of these practices. We further pledge to duplicate, support, coordinate and integrate structures within all government departments. We commit to share ideas and information, methods, resources and promising practices with the departments and organisations in the spirit of working together towards a common objective of improved seamless service delivery to all victims of crime. We commit to undertake joint actions to improve services and support for service providers, in particular to formalize and implement the care for the care giver programmes. We commit to develop a comprehensive legislative and policy framework for hate crimes including xenophobia and in particular, LGBT people. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 153 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference We further commit to renew and improve the integrated domestic violence strategy and ensure that it cascades into comprehensive provincial plans that formalize a holistic response to domestic violence prevention. We commit to develop, promote, strengthen and implement good practice programmes for perpetrators within a standards framework to eradicate crime and violence. We commit to enhance greater links to families and to family preservation programmes that are integrated in the victim empowerment programme in a manner that calls on communities to participate in socialisation programmes and crime prevention strategies. Further we commit to enter into formalized partnerships. We are now calling for these partnerships to be formalised between government and civil society to focus on capacity building and resource allocation, together with standardized funding criteria with clearly identified performance indicators to inculcate a culture of collaboration, good governance and accountability. We commit to collaborate with civil society and the private sector to develop and implement performance indicators for effective monitoring and evaluation of programme services and impact assessments. We also commit to finalise and implement the anti-rape strategy whilst recognizing the role of support, with particular attention being paid to prevention. This will ensure a safer more empowered and engendered and tolerant South Africa society. We commit to advocate for the prompt enactment of comprehensive legislation that will combat human trafficking and support its victims as well as ensuring their integration into society. We also commit to all other programmes being implemented as well as to public awareness education and campaigns. We support the analysis of critical challenges identified and strategies to develop constructive, effective and practical solutions that guarantee the implementation of the VEP and that will ensure seamless service delivery. We further commit to develop a volunteer policy that encompasses effective management guidelines, career pathing, training and capacity building, and investing in human capital building so as to ensure service quality. Civil society specifically is asked to mobilize all civil society organisations in the VEP sector and to establish a coordinating structure that will ensure that civil society organisations’ voices are heard as a united voice as opposed to a fragmented one, and would so transform the sector collectively. Lastly, we commit to convene the VEP conference every two years as a mechanism to monitor programmes for progress, for challenges and successes and to engage with the role players in the spirit of collaboration that encourages partnerships. I would like to add this; as a result of making these commitments we need to call on various sectors: thus we call on the South African government and civil society organisations, the VEP Management Team and particularly we call on local government as well as on the national and provincial houses of traditional leaders. We urge the VEP Management Team to act on these resolutions as a concrete measurable in the revision of their strategy. In this way it has to ensure Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 154 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference that these resolutions do not get lost. Further to this end, the victim empowerment management team is to ensure that the resolutions are acted on by developing measurable activity plans. So in conclusion ladies and gentlemen we have come a long way in ten years, we have a programme and we should be proud of that and I think most importantly as we take this journey forward we should be jubilant in recognizing the fact that one day very soon we will find the depth of our journey. 20. Vote of thanks: Dr Maria Mabetoa, Deputy Director-General, DSD We have come to the end of a highly successful and very inspiring dialogue on the crucial topic of providing support to the victims of violence and crime in our country. It remains for me on behalf of the government of South Africa and more specifically on behalf of the Department of Social Development to thank the organizers, the host province and most importantly the distinguished participants at this conference for the informative and constructive discussions. I would like to thank the European Commission and the United Nations Office on Drugs and Crime (UNODC) for their support which made this conference possible both financially and technically. It would be remiss of me if I did not thank our host city and our provincial counterparts in the Department of Social Development under the leadership of Dr Mqadi and especially for the warm hospitality for which they are so well known. Dr Mqadi has invited us back to Durban for the conference on victim empowerment. Over the last three days we have been fortunate to have been involved in a series of illuminating presentations, speeches, group discussions, and deliberations. It was clear that many people were hungry for information and discussion and I am pleased that the conference resolutions call for the next conference to be held within the next two years. We are very honoured to have had at the conference the Acting Director General from the National Prosecuting Authority (NPA) Mr Mokotedi Mpshe, the South African Ambassador to Austria and the United Nations Missions in Vienna, Mr Leslie Gumbi, the Executive Mayor of Ethekwini Mr Obed Mlaba and the Chairperson of the Portfolio Committee on Social Development, Mr Mike Masutha and not forgetting our Deputy Minister Dr Jean Swanson–Jacobs. The presence of these dignitaries is an indication that government takes the matters of victim empowerment seriously. On looking back at these last three days characterised by thorough discussion and careful listening the obvious question is ‘what have we achieved? Can we leave here confident that we will be doing something different or better to improve the lives of victims of crime and of abuse? Are we flying as we leave here ladies and gentlemen, or are we walking? The issue of funding and finances dominated the discussions of the conference. I sincerely hope that this critical issue has been expanded upon following the engagements by civil society and government at the Summit held at the Birchwood Hotel in June. In the keynote address to the conference the Deputy Minister acknowledged a number of shortcomings in the programme, and similarly the Deputy Minister listed a number of concrete actions aimed at addressing these challenges. Key among these is the partnership with the Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 155 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference European Commission and the UNODC over the next three years to strengthen and scale up the programme of service delivery. Ladies and gentlemen, as government we are the first to acknowledge to you the identified challenges and gaps. An important feature of the conference is the fact that it was based on finding workable solutions to service delivery challenges. In our endeavor to improve service delivery let me assure you that we will share the outcomes and recommendations of this conference with you and our colleagues in our relevant departments. The Department of Social Development will ensure that the resolutions that have come out of this conference will be implemented. Undeniably this conference confirmed the need for closer constructive collaboration between government, civil society, the business sector and all other sectors of South African society. Part of the broader strategy to ensure the implementation of the VEP is to ensure the effective management of the VEP forums at the provincial level. The coming ten years pose some significance challenges and prospects for VEP. If the provisions of the Victims Charter supported by the Constitution and various pieces of legislation are to be realized most notably for the victims of crime and violence there must be a gear change and an acceleration in the implementation of the VEP and the resolution of this conference . My hope is that the honest discussions at this conference have offered us both a practical preparation and inspiration for further dialogue and joint work towards our common goal of improvement of service delivery to victims of crime and violence in South Africa. I would like to thank the chairpersons of the plenarys and the breakaways sessions, the speakers and the researchers who presented very informative and well prepared papers; the papers at the conference were very professional. The Task Team, under the leadership of Ms Conny Nxumalo as well as the Chief Director for Social Crime Prevention and for Families. I also want to thank Dr Tshotsho, the VEP Manager in the Department of Social Development. Dr Tshotsho is one of the pioneers of victim empowerment; she has been the victim empowerment manager since 2001. Dr Tshotsho together with the victim empowerment management team has kept victim empowerment alive and we are here because of them. We also want to thank the ICC for their good service, for the food and the entertainment, especially the Durban Divas who entertained us so well. I would also like to thank the media and our communications Chief Directorate for the good coverage of the conference. And to all who participated in the conference – thank you very much. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 156 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 21. 21.1 Annexure Annexure A: Speeches by Dr Jean Swanson – Jacobs, Deputy Minister of Social Development; Dr Jonathan Lucas, UNODC, Mr Mike Masutha, Portfolio Committee, Advocate Simon Jiyane, DOJCD Keynote Address: Deputy Minister of Social Development, Dr Jean Swanson - Jacobs Programme Director, Representatives of the United Nations Dignitaries of the diplomatic corps MEC for Social Development, Dr Meshack Radebe Mayor of the Ethekwini Metro, Mr Obed Mlaba Chairperson of the Portfolio Committee, Mr Mike Masutha Representative of the UNODC, Dr Jonathan Lucas Director-General, Mr. Vusi Madonsela Esteemed guests, Ladies and gentlemen Introduction It is fitting that we meet here today, at the venue named after one of the greatest warriors of the struggle for freedom to emerge from this region. I am referring here to Inkosi Albert John Mvumbi Luthuli, who in 1952 was one of the leading lights behind the Defiance Campaign - a non-violent protest against the pass laws. This campaign culminated in the Women’s March to the hallowed grounds of the Union Buildings to protest against the extension of the pass laws to women. During August, we celebrate Women’s Month and I want to insist that for the rest of the year, we celebrate 365 days of Activism against the Abuse of Women and Children. Women’s month is a celebration of successes in empowerment of women in the backdrop of struggles against gender discrimination in our society, most often related to high incidents of rape, matricide, HIV/AIDS and domestic violence. While establishing VEP and shelters for abused women does make a significant impact on the lives of these women, we continue to be faced with many challenges, which this conference aims to address, with the required vigor and engagement. How refreshing it is that today, as I cast my eyes around this conference hall, I note with great pride the number of women involved in community development and nation building initiatives. We Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 157 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference have come this far because we stand on the shoulders of great women pioneers who paved the way for all of us. I speak here of indomitable women such as Ruth First, Ellen Khuzwayo, Amina Pahad, Bertha Mkhize and Elizabeth Mafikeng, to mention just a few. I also want to pay tribute to those women’s organizations that ensured gender rights in our constitution and legislation and continue to ensure implementation of these rights. We are honoured to have with us the Executive Director of the UNODC, Mr Antonio Maria Costa and the UNODC Country Representative, Dr Jonathan Lucas. We are happy to have you join us at this significant meeting. A special welcome to the Head of the EU to South Africa, Ambassador Lodewijk Briët. On behalf of the government of South Africa and more specifically the Department of Social Development, I would like to express our gratitude to the European Commission and the UNODC for the unwavering support throughout the years. We are gathered here today, as representatives of our respective sectors, to affirm our commitment to the protection and promotion of the rights of victims of crime and violence, in particular, vulnerable women and children. This requires the involvement of government and other sectors, such as faith-based organisations, community based organisations, business sector, labour, donor and development agencies. We have therefore felt it prudent to convene this dialogue so that we can share not only the successes of our programme, but the challenges as well, so that we can gain from the wisdom of those involved in dealing with these challenges. This conference comes at the same month as we mark the 52nd anniversary of that historic march in 1956, when women marched against pass laws. It also coincides with the 10th Anniversary of the Victim Empowerment Programme. Launched in August 1998 under the pillar of the National Crime Prevention Strategy, the aim of the programme is to promote a victim-centred approach to crime prevention. It is therefore appropriate that at the same time as we reflect on the progress we have made in addressing the issues of women, that we also take stock of our progress in this area. There can be no emancipation for women for as long as they continue to be victims of domestic violence and crime. Critical challenges still facing women is poverty, representation of women in decision making positions, substance abuse, unemployment and HIV and AIDS. In as much as there cannot be true free if women are still disempowered, there can never e true wealth if women remain trapped in the chains of poverty. Women represent the majority in the population and if economically empowered, more than half the problem of poverty is solved. We need to guard the gains we have achieved since 1956. Even as we have impressive representations of women in decision making positions, more can be done to empower them to occupy those influential positions. Women has moved up the ranks and are employed in high position both publicly and in the private sector, however another form of unemployment is emerging where women and girls have to care for families particularly infected and affected by HIV and AIDS without any financial recognition and acknowledgement of this role. Unpaid care work is a new challenge that needs to be addressed. This work needs to be quantified, qualified and remunerated. Remunerating this kind of work though should not mean it still remains an area for women and girls only to participate in, men and boys should be involved too. Further challenges include trafficking in women and children. Dare I say both girls and boys are trafficked here and their specific situations need to be looked into. South Africa has been identified as a country of destination where trafficking is concerned but there is a need to question and Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 158 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference address issues of trafficking where countries of origin are concerned. Linked to this is the challenge of drug trafficking and drug abuse. A problem that is ravaging our communities and needs intensified efforts to fight it. Ladies and gentlemen, in preparation for the conference, the planning team resolved to bring to the fore the voices of the stakeholders in the VEP field. This commitment was based on the reality that civil society organisations are in the forefront of providing services to victims of crime and abuse. It is with this in mind and in order to ensure that our strategic direction is informed by your experience on the ground that we organized a two-day Stakeholder Summit attended by 200 delegates from all over the country from 19-20 June in Ekurhuleni. This is also in recognition of the fact that we cannot achieve the objectives of the programme through government actions alone. The summit was characterized by vigorous exchange of ideas and open discussions. A number of key issues emerged from the summit and deserve a mention: Partnerships The summit raised concerns regarding the business sector’s support for initiatives related to VEP. Of most importance, and rightfully so, the delegates bemoaned the absence of the Department of Provincial and Local Government in the summit deliberations. This time I hope the conference organizers have made certain that they are present here today. Services in shelters The shortage of personnel which results in the lack of professional services in many of the shelters was identified as a major challenge. We need to pay particular attention to this aspect so we can obviate secondary victimization. To make provision for victims with special needs such as children and people with disabilities, we have commenced with the process to review the shelter strategy in line with the Victims Charter. Financing Generally speaking, VEP services are under-funded. Civil society organisations voiced their concern about the unpredictability of government funding and called for a more innovative resource mobilization strategy. As I mentioned earlier, the nature and level of violence in our society can never be the responsibility of government alone. In this regard Your Excellencies, I reiterate our appreciation to the European Union and UNODC for their support. I further appeal to the private sector to make victim support part of their social investment programmes. In this regard allow me to make mention of the shelters which Telkom generously sponsored in the past. Sustainability Without necessary resources, most organisations struggle to provide much needed services to victims of violence and abuse. I therefore agree with the deliberations of the summit that sustainability is not just about funding, but entails other critical issues such as capacity building as well. Accordingly, one pillar in our partnership with the EU and UNODC is capacity building and mentoring of emerging community-based organisations. Ladies and gentlemen, you will agree with me that all these issues are prerequisite to ensure the provision of adequate and responsive services to victims of crime and violence. To deal comprehensively with the endemic violence and crime in our society, we must strengthen prevention programmes and build effective partnerships with communities. Deeper involvement of Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 159 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference boys and men is critical as we can never win this struggle without them, the very people we live with on a daily basis. Initiative around Men as Partners need to be supported and reinforced with a clear understanding what is expected on men in these programmes and what men see as their contribution. Our collective challenge, as parents and leaders is to install attitudes that are respectful of women and girls as equals, especially in boys from the earliest possible age. We need to emulate the actions of organisations such as the South African Men’s Forum, who declared that they cannot accept to be bystanders as long as women and children of this country continue to suffer. The women of 1956 marched against apartheid oppression. Today, we are witnessing the emergence of another type of oppression that is equally repressive - the use of violence against women and children. Let me assure you that government is committed to ensuring a better life for all- free from any form of violence. To this effect, government has prioritised combating crimes against women, such as domestic violence, rape, assault, and child abuse by introducing programmes through the Justice, Crime Prevention and Security Cluster Departments. The prevention of violence against vulnerable groups such as women, children, people with disabilities and older persons, is one of our priorities. As the lead department for government’s Victim Empowerment Programme, the Department is working together with other departments notably, the Department of Justice and Constitutional Development, the National Prosecuting Authority, Department of Correctional Services, Department of Health and South African Police Services. I hope the conference will spend a considerable amount of time on practical strategies to implement the Policy Framework, Strategy for Shelters as well as the Minimum Standards for Service Delivery in Victim Programme. The mention of these three is an indication that we do not need to reinvent the wheel by developing new policies and legislation, but actions to implement them. Currently, a study is underway to determine the extent of domestic violence in the country. The information will enable us to specifically target areas identified as hotspots and to refine our strategic interventions in relation to specific problems in those areas. We will also finalise the strategy on the engagement of men and boys in gender-based violence programmes in the current financial year. Central to our intervention programmes are the need to equip the shelters for victims of violence and crime with resources and increase their coverage, especially in rural areas. It is my firm belief that we need to entrench the campaign on “No Violence Against Women and Children” in all our programmes and not in isolation. We cannot continue talking of violence against women and children and ignore its associations with HIV and AIDS as well as substance abuse. HIV and AIDS bear the face of a woman, hence the feminisation of HIV and AIDS. I therefore urge provinces to ensure that VEP Management Forums function and liaise with other structures to ensure effective coordination. The celebration of the 10th anniversary of the Victim Empowerment Programme in the same month we remember the heroines of our struggle is a poignant reminder that much more still needs to be done to realize the emancipation of women. I thank all of you for attendance, and wish you fruitful deliberations that will contribute to improving the lives of individual and families affected by violence and crime. Thank you Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 160 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Statement and Message of Support: Dr Jonathan Lucas, Regional Representative, United Nations Office on Drugs and Crime (UNODC) We are gathered here today to celebrate the tenth anniversary of the Victims’ Empowerment Programme in South Africa, a cornerstone of the National Crime Prevention Strategy of the Government of South Africa. On behalf of the Executive Director of UNODC, Mr. Antonio Maria Costa, we applaud the Government of South Africa and other stakeholders for the adoption of the Service Charter for Victims of Crime in South Africa (“Victims Charter”) and the Minimum Standards on Services for Victims of Crime, and efforts for their implementation. The Bill of Rights, as reflected in Chapter 2 of the Constitution, 1996 (Act No. 108 of 1996) entrenches the right of every person to equality, freedom and security As the Minister for Justice and Constitutional Development, Mrs. Mabandla, noted in the foreword to the “Victims Charter”: “The Victims Charter is an important instrument for promoting justice for all. The Victims Charter is compliant with the spirit of the South African Constitution, 1996, and the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, 1985. Since 1994, and in keeping with the cultivation of a human rights culture, the focus has gradually shifted from an adversarial and retributive criminal justice system to that of Restorative Justice. Central to the concept of Restorative Justice is the recognition of crime as more than an offence against the state, but also an injury or wrong done to another person. This is in line with the National Crime Prevention Strategy’s victim-centred vision for the criminal justice system. The ultimate goal is victim empowerment through meeting victims’ needs, be they material or emotional. I am confident that with the commitment and dedication of all role players in the criminal justice process, this Victims Charter will assist in the implementation of the applicable laws in such a way that it serves its purpose – “making justice a reality for all.” The partnership between the national, provincial and local government departments and civil society organisations, including volunteers, business sector, religious leaders, institutions of higher learning and research institutions – must be strengthened- in order for further tangible successes to be achieved. The capacity of the various role players need to be strengthened – allowing them to play their role in the empowerment of victims of crime, particularly the most vulnerable in society. B. What will the joint programme achieve? Promoting the implementation of the Victims Charter and the Minimum Standards on Services for Victims of Crime, is a key objective of the Victims Empowerment (VEP) project launched in March this year by the Government of South Africa in partnership with the European Union and the UN Office on Drugs and Crime. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 161 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference This is a very unique project and the UNODC is privileged to be working in partnership with the Government and all of you in its implementation. More specifically the joint initiative aims: “To improve the implementation of Victim Empowerment Policies in South Africa by building capacity, improving coordination and strengthening relations between the government and civil society organisations and thereby improving the delivery of services to victims, especially women and vulnerable children.” How shall we do this? The joint programme aims to Build the capacity of the Department of Social Development, and other relevant Government departments involved in implementing victim empowerment policies at the national and provincial levels. Address the fragmentation of services to victims of crime through improved coordination and cooperation between government departments, and with civil society organisations working at community level. Increase awareness of South Africa’s Victim Empowerment policies, particularly through largescale information campaigns at national and provincial levels. Build the capacity of civil society organisations and community based organisations to deliver services to victims of crime at the community level. Provide services and support for victims of crime, particularly women, orphans and other vulnerable children. Partnership with civil society-Birchwood A key element of the programme is to build an effective strategic partnership between national, provincial and local government departments with civil society organisations, and community based organisations. This is in recognition of the critical role played by NGO’s and community-based organisations working with victims of crime, trauma and violence, in delivering services to victims. At the end of the programme we expect NGO’s and civil society organisations to be better able to manage funds, projects, and offer quality services to victims of crime, with a particular emphasis on women and children. In the South African context a major challenge for the criminal justice system is dealing with children as victims of crime, and children in conflict with the law. Children orphaned by AIDS as well as women and adolescent girls are the most vulnerable groups not only to struggle to survive, but to do so within the context of secondary victimisation when sexually abused. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 162 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference The Stakeholders Summit held in Birchwood was a landmark event – It was a reflection of the vibrant civil society in South Africa eager to play its role as a partner of Government in Victim Empowerment. Strengthening civil society organisations, particularly those working at the community level, must always remain one of our strategic objectives – as they are the ones who deliver services to the most vulnerable in society. C. UN Secretary-General Ban Ki-Moon Lunches Campaign to End Violence Against Women Gender based violence, particularly directed at women and children remains a serious concern in South Africa. In his State of the Nation address in 2007, President Thabo Mbeki highlighted the abuse of women and children as having escalated to an unacceptable level. We salute the pioneering work undertaken by the SOCA Unit of the National Prosecuting Authority under the leadership of the Special Director of Public Prosecution, Advocate Thoko Majokweni, in providing leadership in the prosecution of sexual offences as well as combating human trafficking. However, this is not only a challenge in South Africa – it is a global scourge. On 25 February this year the Secretary-General of the United Nations Ban Ki-moon launched a global campaign calling Member States, the United Nations family, civil society and individuals to “focus on the concrete actions that all of us can and must take to eliminate the scourge of violence against women and girls.” The Secretary-General stated that according to statistics “At least one out of every three women is likely to be beaten, coerced into sex or otherwise abused in her lifetime. Trafficking of women and girls, sexual harassment, female genital mutilation, dowry murder, honour killings are some of the widespread aspects of the problem.” Running from 2008-2015, to coincide with the target date of the Millennium Development Goals, the campaign will focus on three key areas: global advocacy, United Nations leadership by examples, and special efforts and partnerships at the national, regional and international levels. The VEP project will contribute to achieving these objectives by creating a supportive environment for the victims of sexual abuse and/or domestic violence including rape. Women and vulnerable children will be the main beneficiaries of the project. They will benefit from improved service delivery, particularly at provincial and community levels, as a result of increased capacity and the revamped collaboration of the relevant government institutions and civil society organisations. Eliminating Violence against women: A priority for UNODC Eliminating violence against women and children is one of the priorities of UNODC crime prevention and criminal justice strategy. Violence against women is a crime; a violation of fundamental human rights. This year, in collaboration with international experts – including experts from the National Prosecuting Authority, UNODC published the first International Handbook for Effective Police Responses to Violence against Women. The aims are to support the law enforcement officials with information that will enable them to recognise and identify key elements Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 163 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference in defining violence against women, essential both in prevention of violence and in their role in cases of violence reported by women. We will soon start implementing a regional project in partnership with SADC and SARPCCO on effective law enforcement response to violence against women in Southern Africa, to cover Lesotho, Malawi, Mozambique, Namibia, South Africa and Zimbabwe. The UNODC Regional Office in Southern Africa has developed a strong partnership with the Victim Empowerment Programme of the Department of Social Development. We have developed an approach, which consists in bringing together all government services working in this sector, under one single roof – a one-stop centre for victims of gender-based violence. The objective is to provide sustainable services for victims of gender-based violence and ensure that victims receive the support they need. We have been building on the expertise and our partners, through projects implemented (Queenstown), and Northern Cape (Upington). Plain, Western Cape, and will soon start new Province (Vryburg). The VEP project will further support the Department in the design and establishment of four more centres as we proceed to fine-tune the best practices in dealing with violence against women which we can later share with the rest of the world. developing best practices as we move along with in Mpumalanga (Kwa-Mhlanga), Eastern Cape In February we launched a new project in Mitchels projects in Gauteng (Sunnyside) and North West Conclusion I would like to commend the Government of South Africa and civil society organisations for the policies they have adopted and for the action already taken to support victims of crime, particularly women suffering from gender-based violence and vulnerable children. The joint programme we have started implementing is a further step in providing support to victims and to move from policy to action. The challenge we face is implementation and delivery. UNODC is privileged to be associated with this enterprise which will serve as a model for the Southern African region and the rest of the world and contribute in meeting the objectives of the campaign launched by the Secretary-General of the UN to eliminate violence against women and create a caring society for victims of crime. The European Union, by funding the VEP project, has shown its commitment as a partner of the Government in addressing the empowerment of victims of crime and its recognition of the critical role played by CSO’s. UNODC is grateful for the partnership of the EU in the project. Thank you In conclusion I would like to take this opportunity to extend our deep appreciation to the Department of Social Development, Victim Empowerment Programme, under the leadership of Ms. Connie Nxumalo and Dr Tshotsho, for their strong leadership, exemplary commitment, reflected in the substantive organisation of the Stakeholders Summit held at Birchwood in May and today’s tenth year celebration. This was excellent teamwork. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 164 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference I wish to extend our appreciation to Dr Langalibalele Mqadi, the Head of Department of Social Department KZN, after a meeting in Kimberley in April, for taking on the challenge of hosting the conference in this historical province and for the warm welcome and hospitality extended to us all by the City of Durban. Thank you. Legislation and oversight: Mr Mike Masutha, Chairperson of the Portfolio Committee, Parliament I would like to express from the outset my appreciation to Mayor Mlaba for the welcome to Durban which has become such an important tourism mecca. Also to the Deputy Minister for the invitation to represent the Portfolio Committee and parliament as an institution. I have been asked to address the conference regarding the role of parliament and law making. I have had the privilege of working in civil society, and in 1991 I worked for a firm of attorneys involved in human rights. I have also worked in government as well as in the legal section of the DSD before becoming a politician. Thus I have a good overall background and I have the privilege of having a bird’s eye view. In the field of social development most of the services that are rendered are not possible without the collaboration between civil society and the three spheres government. In parliament when we process legislation, especially in the service sector, we need to strengthen the collaboration between the 3 spheres of government. The role of local government and the provision of social services has not been institutionalized and formalized over the years in the manner that it should have been; with certain areas of legislation having not been properly assigned. I hope that this is one of the areas that will get attention in the conference. Collaboration also extends to the different line functions in government. Most of the laws that are the focus of this conference, e.g. the Child Justice Bill, the Children’s Act, the Sexual Act and the Domestic Violence Act and the Criminal Justice Act are examples of the clear need for the justice communities to collaborate in every aspect. This principle applies to social development. Recently the Portfolio Committee approved a bill against substance abuse. The committee felt that despite an existing good structure, it was not satisfied that the departments themselves have fully internalized the aspect of collaboration. Therefore the committee requested individual departments to provide information regarding their plans and how they proposed to implement them. We found that departments tend to focus, or to confine themselves to their domain. In fact most of the areas of work need some kind of collaboration at the budgetary level, policy development and law making. In this way a system can be developed and then implemented in an integrated way. I must say that this seems to consistently characterize the work of the Victim Empowerment Programme (VEP). We look at the reports of different departments and it seems that each of the partners speak the same language and look to victim empowerment and the related actions amongst them. Of course the other function of parliament is to hold government accountable and to exercise its oversight right over government. On a routine basis we invite the President and Ministers to brief the Committee on certain issues. We strive to probe and determine as to where services are being extended to people, especially the poor. As public representatives we are there to promote the best interests of the people; that is our point of departure. When we evaluate the effectiveness of Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 165 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference policies the prime focus is: if these are being received by the people. When we campaign, we have to show the people that we have delivered the services that government undertook to provide. I must continue to place the emphasis on the partnerships that need to be strengthened between civil society and government, without this we will not go far as a country. Last week I was at a conference regarding the retirement and pension system, where an issue identified was that South Africa was becoming a younger and younger nation compared to the more developed countries. Therefore we need to invest more and more in our youth. If we look at the future of a country in which the people are becoming younger, then we have to start to become more youth oriented. Substance abuse is becoming a problem and we have to look at how to address youth empowerment. We have to address the underlying causes that create problems and what are the needs of the youth. There are various types of vulnerabilities that women face; and these need to be addressed. Other vulnerable groups are the disabled, the elderly, children; some of whom have been abandoned. We need to look at the needs of all the vulnerable people in our programmes and activities and we need to demonstrate that we are a caring society. Overview of the Criminal Justice System: Advocate Simon Jiyane, Deputy Director–General, Department of Justice and Constitutional Development This is an important event and I want to start by acknowledging the shortcomings of the criminal justice system as often victims are secondary. I will also try to provide an insight into how the justice crime prevention security (JCPS) cluster works and how we attempt to improve this situation. We have plans afoot across all the provinces to try to address these concerns, which include the fact that the cluster is more visible nationally but less so at the grassroots level. We also now have development committees that seek to improve the delivery of the components of the criminal justice system in the provinces. However we have not finalized the integration of local government with the cluster as a whole. We need to link up to the victim empowerment process; this is integral to our programme of action. I want to acknowledge that in our criminal justice system victims are marginalized to some degree. Although our jurisprudence addresses this, it is not often applied and there is not always a uniform application. There is an important inter-sectoral committee chaired by the Department of Justice that is linked to the development committee and which tries to integrate both the social cluster and the criminal justice system to be more preventative than reactive. The purpose of the inter-sectoral committee is to integrate all structures at provincial level and that all actors, especially non-state actors should take note of this structure. This committee is key to our programme and will be key to ensuring that some of the resolutions that will be taken at this conference can be implemented. In 2004 government adopted the Victims Charter, which is a charter to ensure that the cluster deals with victims in terms of certain standards. This is part of the process that will link the victim services charter to the VEP. There are a few issues that are part of this cluster that we need to take forward. In addition, we need to link the VEP into our structures. The finalization of the Child Justice Act is now with the NCOP; this legislation seeks to mainstream the functioning of all sectors that are involved and Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 166 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference includes all the state and non-state actors in the administration of children’s issues. Pilot projects are already in place where other departments and NGO partners play a crucial role in the assessment and the possible diversion of all arrested and charged children. This legislation tries to underpin all structures and government departments and to create a common platform regarding issues relating to children and to provide an integrated management system that will include a system to track changes and performance. In some of the provinces we are running diversion programmes and together with prosecution services, victims’ interests are being taken into account when it comes to aspects such as bail, among others. The Institute of Security Studies (ISS) has completed a study that indicates how victims and witnesses are being managed on the ground and how their interests are being taken into account. We are also running diversion programmes where we try to promote restorative justice programmes that will form part of the plan of action of the cluster. We are thus in this sense proactive and have a final draft that will be rolled out in all the provinces. However it needs to be said that there are a number of challenges from our perspective: The VEP programmes need to be part of an integrated process and needs to link with the criminal justice system. We recommend that the VEP be linked to all vulnerable groups. There should also be more alignment. The VEP is not ‘rights based’ and at the operational level it needs to look at such issues. It needs to be ensured that when important benchmarks are set that we speak the same language. We have four recommendations: The need to examine the VEP project and to align it with the clusters. The VEP project must be enhanced with an operational rights framework by linking the Charter to international Human Rights instruments. Complete an audit and determine alignment/s with policies and programmes. Develop benchmarks and indicators of success. It is our objective to strengthen the criminal justice system; we can only do so if everybody is part of the process. In 2009 we plan to interact with civil society to improve the criminal justice system as we need such a partnership. 21.2 Annexure B: Conference Resolutions, Conference Programme 21.2.1 Conference Resolutions The conference acknowledges that significant strides have been made. Success in terms of previous conferences’ resolutions includes the passing of the Sexual Offences Act, the Children’s Act is almost passed, and coordination through the establishment of structures is being implemented. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 167 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference The conference also acknowledges that there are some real concerns that can have a direct impact on seamless service delivery. The conference notes that the road ahead requires the embodiment of the spirit of partnership and of ubuntu. The conference further accepts that the key issues that the resolutions should seek to address are; integration, mobilization of communities in crime prevention, sustainability of services , partnerships between government and civil society and the acknowledgement of civil society and the acknowledgement of the need for legislation. The following are pertinent to the conference resolution: what progress has been made in ten years? Did we sufficiently examine the VEP challenges? Do we have an framework of operational rights? Have we benchmarked indicators for success? Are policies aligned and is the implementation thereof effective? In light of these aspects we commit to the following conference resolutions: 1. We acknowledge and recognize the role of government, the role of civil society, the role of men and boys and ex-combatants (both as victims and as partners), and the role of volunteers. 2. We commit to an independent legislatively established authorized governing body for victim empowerment. This will be aligned to the victim empowerment integrated policy and will also take the responsibility for the accreditation, de-accreditation, certification, de-certification of services and service providers. It will also assist with the monitoring and implementation of the Victims Charter and the minimum standards. 3. We commit to assist in the monitoring of the Victims Charter. (Previously that resolution read that we need to assist in the development of the Victims Charter. It has been achieved) 4. We commit to assist in the monitoring of the integration of the Victim Empowerment Policy. 5. We further commit to operationalise the provincial implementation plans for the victim empowerment policy and to ensure that the development of good practice models are informed by the victim empowerment policy framework and that they are rolled out in a coordinated manner and ensure the sharing of these practices. 6. We further pledge to duplicate, support, coordinate and integrate structures within all government departments. 7. We commit to share ideas and information, methods, resources and promising practices with the departments and organisations in the spirit of working together towards a common objective of improved seamless service delivery to all victims of crime. 8. We commit to undertake joint actions to improve services and support for service providers, in particular to formalize and implement the care for the care giver programmes. 9. We commit to develop a comprehensive legislative and policy framework for hate crimes including xenophobia and in particular for LGBT people. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 168 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 10. We further commit to renew and improve the integrated domestic violence strategy and ensure that it cascades into comprehensive provincial plans that formalize a holistic response to domestic violence prevention. 11. We commit to develop, promote, strengthen and implement good practice programmes for perpetrators within a standards framework to eradicate crime and violence. 12. We commit to enhance greater links to families and to family preservation programmes that are integrated in the victim empowerment programme in a manner that calls on communities to participate in socialisation programmes and crime prevention strategies. 13. We commit to enter into formalized partnerships between government and civil society to focus on capacity building and resource allocation together with standardized funding criteria that includes clearly identified performance indicators to inculcate a culture of collaboration, good governance and accountability. 14. We commit to collaborate with civil society and the private sector to develop and implement performance indicators for effective monitoring and evaluation of programme services and impact assessments. 15. We commit to finalise and implement the anti-rape strategy whilst recognizing support; and with particular attention paid to prevention. 16. We commit to advocate for the prompt enactment of comprehensive legislation that will combat human trafficking and support its victims as well as ensuring their integration into society. 17. We also commit to all other programmes being implemented as well as to public awareness education and campaigns. 18. We support the analysis of critical challenges identified and strategies to develop constructive, effective and practical solutions that guarantee the implementation of the VEP and that will ensure seamless service delivery. 19. We further commit to develop a volunteer policy that encompasses effective management guidelines, career pathing, training and capacity building, and investing in human capital building so as to ensure service quality. 20. Civil society specifically is asked to mobilize all civil society organisations in the VEP sector and to establish a coordinating structure that will ensure that civil society organisations’ voices are heard as a united voice as opposed to a fragmented one, and would so transform the sector collectively. 21. Lastly, we commit to convene the VEP conference every two years as a mechanism to monitor programmes for progress, for challenges and successes and to engage with the role players in the spirit of collaboration that encourages partnerships. 22. As a result of making these commitments we call on various sectors for greater involvement: the South African government, civil society organisations, the VEP Management Team and particularly on local government as well as on the national and provincial houses of traditional leaders to be part of the VEP. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 169 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 23. We urge the VEP Management Team to act on these resolutions as a concrete measurable in the revision of their strategy. Further to this end, the victim empowerment management team is to ensure that the resolutions are acted on by developing measurable activity plans. 21.2.2 Conference Programme Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 170 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 22. Delegates List and Contact Details Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 171 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Name Surname Organisation Telephone No. E-mail Busi ABT 072 799 8647 abt1@webmail.co.za Nontobeku Pungula Mbuetya ba ADAPT 011 885 3305 adapt@worldonline.co.za Romeo Qetsiman Advisory Board 083 881 8468 chlab@telkomsa.net Brenda Simon Age- in- Action 0414571466 brenda@age-in-action.co.za Julayga Alfred Anexcdw 021 638 5521 julayga@anexcdw.org.za Les Sonders Audio Visual Conferencing 012 332 3842 sondersles@lantic.net Malaza Phumzile Badplaas Shelter 073 888 0049 Aaron Motha Banna Buang Organisation 016 422 7456 noj@telkomsa.net H Verwey Befrienders SA 051 444 5691 befriend@iafrica.com Gert Jonker Bethay House Trust 082 900 7832 Sboniso Ntuhi Bua News 083 526 7958 Thandiwe Yeko CALA - DVU 084 496 0292 Mahlomda Eric Camp 051 430 3769 Carol Boec Cape Mental Health 021 447 9040 carol@cmhs.co.za Christine Henda 021 762 9670 christinectrc@telkomsa.net Elaine 084 504 2199 esharrison@absamail.co.za Joan Harrison Van Niekerk Cape Town Refugee Centre Chiastolite Professional Services Child Line 031 563 5718 childlinesa@iafrica.com Patence Thibeli Child Welfare South Africa 057 212 6273 childwelfare@telkomsa.net Karin Vervaart Children and Families 021 483 4489 Kvervaar@pgwc.gov.za Marie Louw 083 628 7117 mjlouw@pgwc.gov.za D.V. Pillay Children and Families Commission for Gender Equality 053 832 0477 veronika@cge.org.za Antnea Michaels 021 483 2633 Mobone Modise Community and Safety Concerned People Against Abuse Gustav Wilson Correctional Services 082 888 7119 gustav.wilson@dsd.gov.za Steven Tlala Correctional Services 021 558 7351 steven.tlala@dcs.gov.za Piet De Bruin Correctional Services 012 307 2664 piet.debruin@dcs.gov.za Godo Nombed esin Correctional Services 012 323 4818 nombedeslno.godo@dcs.gov.za Tsepo Kgafelo Correctional Services 012 841 8610 renoldah.kgafelo@dcs.gov.za M Makoena Correctional Services 082 338 9147 sara.makoena@dcs.go.za M Makoena Correctional Services 012 305 2003 jeanette.kraai@dcs.gov.za Sharon Kunene Correctional Services 082 777 4896 sharon.kunene@dca.go.za Migal Ledigwan e Correctional Services 012 307 2363 haleseng.ledigwane@dcs.gov.za Megan Bantjes CSVR 011 403 5102 MBANTJES@CSVR.ORG.ZA Guidance Uwizeye CSVR 011 403 5102 guwizeye@csvr.org.za Boitumelo Kekana CSVR 011 403 7532 bkekana@csvr.org.za Nomfundo Mogapi CSVR 011 403 7532 nmogapi@csvr.org.za Marihet Infontino CWSA Provincial Office 011 492 2950 marihet.childnetfore@gmail.com ntulis@aol.com 051 873 2194 Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 172 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Arthu Sanpath Daily News 031 308 2121 arthi.sanpath@inl.co.za Ramaneg Hira DCS 012 305 8332 ramanee.hira@dcs.gov.za LT Chetly DCS Correctional Services 031 204 8800 lynehec@dcs.gov.za Mabutho A.D DCS Correctional Services 043 706 7809 agnesm@dcs.gov.za Sontshatsha N.C DCS Correctional Services 043 706 7818 nontshantsha.nosikhwebizo@dcs.gov. za Departmental Guest 074 509 1414 Department Community Safety 082 900 7752 allisonw@gpg.gov.za Department of Communication 012 312 0607 robots@heath.gov.za Mark SGK Wainwrig ht Rabothat a Jillian Alexande r Department of Community and Safety 021 483 4521 jalexander@pgwc.gov.za Boitumelo Gopane Department of Correction Services 018 381 1601 tumi.gopane@dcs.gov.za Victor Dlula Department of Correction Services 012 307 2029 dlula.sonwabo@dcs.gov.za Cornelia Verster Department of Correction Services 011 306 0365 corrie.verster@dcs.gov.za Bukiwe Department of Education 082 707 1502 Tebogo Rodney Fanta Bonokwa ne Department of Education 053 839 6620 B.M. Motana Department of Education 015 290 7759 motanabm@edu.lipopo.gov.za M.A. Mashian e Department of Education 015 290 7634 mashianem@edu.norprov.gov.za Spino Fante Department of Education 012 312 5218 fante.s@doe.gov.za D.R Wilson Department of Education 012 312 5218 wilson.c@doe.gov.za Vuyisile Gubuza Department of Education Free state 051 404 8084 gubuzav@edu.fs.gov.za Debores Mibuli 011 355 0042 doloresm@gpg.gov.za Khanyisile Lioma Department of Education Gauteng Department of Education NATAL P Mohyobo Department of Health 051 408 1774 M Department of Health 040 609 3301 Agnes Mfikile Molihesa ne Department of Health 018 397 2333 Rodney Loabile Department of Health 018 384 8124 loabilem@nwpq.gov.za M Shoyeb Department of Health 015 287 5275 mshoyeb@gmail.com L King 033 846 7529 laurel.king@kznhealth.gov.za M.D. Ledwaba Department of Health - KZN Department of Health Limpopo Mabunda Department of Health Masakhane Crisis Centre 011 923 2106 Olivier Department of Health Northern Cape 053 832 6226 N Corns Department of Health Northern Cape 053 874 4832 Sinkhosane Nomgqib eto Department of Health & Social Services 013 773 0358 Alison Annah M.I. 031 447 8207 mpumelelo.mfikili@impilo.ecprov.co.z a 015 293 6241 mabunda..a@hotmail.com ncorns@ncpg.gov.za Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 173 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Dipho Shilakiwe Department of Health & Social Services 017 883 0251 Ngele Zanele Nobuhle Department of Health & Social Services 017 773 0449 Nkosi Sibongile Department of Health & Social Services 017 811 2108 Lindiwe Mbazima Ngomane Department of Health & Social Services 013 781 0537 Phumzile Veronica Mthwana zi Joyce Gasenna Moscoi Department of Health & Social Services Department of Housing and Local Government - Northern Cape Naomi Webster Haasbroe k Zanelen@social.mpu.gov.za 017 632 1233 053 830 9400 tmosebi@ncpg.gov.za Department of Justice 012315 1296 nwebster@justice.gov.za Department of Justice 071 819 3462 chaasbroek@justice.gov.za Department of Justice 073 138 7374 smakume@justice.gov.za M Makume Kgosiema ng Department of Justice 079 457 7600 mkgosiemang@justice.gov.za M.J. Motekao Department of Justice 015 287 2018 Simon Jiyane Department of Justice - CD 012 315 1016 sjiyane@justice.gov.za Siphiwe Ntombel a 083 574 7317 sntombela@justice.gov.za De-Alto Plaatjies Department of Justice - Central District Department of Justice Kimberley 082 515 3101 Dplaatjies@justice.gov.za P Moodley Department of Justice - KZN 031 321 5303 pmoodley@justice.gov.za Tladi R Department of Justice - North West 018 348 2406 rtladi@justice.gov.za Ntombizodwa Koko Chsloane Department of Justice & Constitutional Development 011 223 7681 ntchsloane@justice.gov.za E Brandtv Department of Safety & Liaison 053 839 1700 bplaatjie@grand.ncape.gov.za Thobi Mhlogo Isabel Dladla Department of Social Development Department of Social Development - Midlands Region V Syster Theo Williams Corne S.D. Quiton 083 289 9401 036 634 6594 dladlaz@socwel.kzntl.gov.za Department of Social Services N.C. 054 332 1857 VDSYSTER@UPOSB.N-CAPE.GOV.ZA Department of Social Development 044 203 5909 tswilliams@pgwc.gov.za Department of Social Development 083 626 0115 Andile Xonti Department of Social Development 021 483 4481 axonti@pgwc.gov.za Mzukisi Gaba Department of Social Development 083 624 2061 mgaba@pgwc.gov.za Richard Mcdonal d Department of Social Development 027 213 2096 rmacdonald@pgwc.gov.za Nomonde Mayeza Department of Social Development 082 441 9359 nomonde.mayeza@socdev.gov.za Busisuwe = Mini Department of Social Development 083 995 8940 Nqwaba Department of Social Development 082 444 4262 Grace grace.nqwaba@socdev.ecprov.gov.za Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 174 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference D Maxegwa na Department of Social Development 082 557 1631 L Mpongos he Department of Social Development 079 873 7184 Kula Department of Social Development 072 278 8909 Hlawgayana Mavis Department of Social Development 040 609 5306 mavis.hlanganyana@socdev.ecprov.go v.za Nolitha Mabangu le Department of Social Development 046 636 1484 nolita.mabangula@socdev.egsrov.gov. za Rev. M.E. Player Department of Social Development 082 962 5440 Thekiso Patronela Department of Social Development 018 381 7111 Theresa Malwane Department of Social Development 018 632 3022 Mamoroeg Leku Department of Social Development 018 462 5111 Nthutang Idah Department of Social Development 018 297 0132 Veronica Montshi wa Department of Social Development 053 433 0318 Bridgette Sesei Department of Social Development 079 492 6145 Angelinah Tshili Department of Social Development 082 522 2207 Maureen Maseka Department of Social Development 018 388 1690 Letsie Department of Social Development 012 717 6296 Mtotywa Department of Social Development 014 543 4536 Pule Department of Social Development 014 555 6118 Malaka Department of Social Development 018 462 5637 Apathia Department of Social Development 18 330 00020 Dineo Komane Department of Social Development 018 388 1678 dkomane@nwpg.gov.za Thembi Mdidimb a Department of Social Development 018 388 1518 ttwala@nwpg.gov.za Fiona Molekan e Department of Social Development 018 596 1153 Wilson Mokgosi Department of Social Development 018 389 8000 Department of Social Development 053 963 2195 Department of Social Development 015 961 5590 Department of Social Development 015 962 2850 Department of Social Development 015 812 1368 P Constance Mmatshathana Bellina M Kebone Mmogwela Mbau Matamila Friddy Mukewevhota Modizibane HT bongiwe.mpomposhe@socdev.ecprov. gov.za tmalwane@nwpg.gov.za mvmontsiwe@nwpg.gov.za atshili@nwpg.gov.za hmtotywa@nwpg.gov.za pmokgosi@nwpg.gov.za Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 175 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Renuka Singu Department of Social Development Siphiwe Sexhoto Department of Social Development 012 312 7023 siphiwes@socdev.co.za Nkanyezi Mwyand y Department of Social Development 012 312 7023 nkanyezm@socdev.co.za Molepe Department of Social Development 012 328 4026 boitemelo.molepe@gauteng.gov.za Jacobs Department of Social Development - Athlete 021 696 8038 elajacobs@pgwc.gov.za Ann Wtebe Department of Social Development - Athlone 021 696 8063 antebe@pgw.gov.za Remka Singu Department of Social Development - Durban 031 360 5446 Patricia Nzuza Department of Social Development - Durban 073 365 4551 Mahashna Naidoo Department of Social Development - Durban 031 402 8000 Sonia Solomon Department of Social Development - Durban 031 336 8787 SP Ndlanga milwoh Department of Social Development - Durban 034 413 1553 Erika Eberson Department of Social Development - Free state 082 745 3982 MG Liphadzi Department of Social Development - Free state 058 713 2945 DHS Mphiethi Department of Social Development - Free state 083 443 7779 Ntoula Department of Social Development - Free state 083 302 5866 Kelopile Department of Social Development - Free state 079 313 7988 Mosetlhe Department of Social Development - Free state 083 443 8207 Mosia Department of Social Development - Free state 084 690 5006 Dibe Department of Social Development - Free state 053 205 0229 dibek@socdev.fs.gov.za Mathe Department of Social Development - Free state 083 443 8970 mathem@socdev.fs.gov.za Dimeo Department of Social Development - Free state 084 675 3924 Department of Social Development - Free state 051 403 2206 stewardc@socdev.fs.gov.za Boitumelo Elarna KHAUHELO Legegeru Ntsiki Grace Rhenololh Mina Damme Carol Steward chatswor@dwbpkzatl.gov.za ebersone@socdev.fs.gov.za ntsikim@socdev.fs.gov.za Manchopi Mopheth e Department of Social Development - Free state 083 302 6424 chops@socdev.fs.gov.za Veronica Morake Department of Social Development - Free state 051 531 0700 marakev@socdev.fs.gov.za Margeret Phanduw e Department of Social Development - Free state 051 724 0013 margeretp@socdev.gov.fs.gov.za Boikanyo Gotyane Department of Social Development - Free state 076 777 1343 Prudence Ramoleh e Department of Social Development - Free state 083 443 7648 ramolehe@socdev.fs.gov.za Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 176 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Mokoena Department of Social Development - Free state 057 916 8777 Vuzi Nozenza Department of Social Development - Free state 072 969 0669 Mantwa Mogasho a Department of Social Development - Gauteng 084 723 8258 mantwam@gauteng.gov.za Ntshinke Department of Social Development - Gauteng 079 989 1586 n.kelwe.ntshinke@gpg.gov.za Morris Department of Social Development - Gauteng 011 355 7854 myrtle.morris@gauteng.gov.za Sandra Somnah Department of Social Development - Gauteng 011 355 7861 sandra.somnah@gauteng.gov.za Annah Sithole Department of Social Development - Gauteng 011 355 7718 anna.sithole@gauteng.gov.za Veronica Caiantan a Department of Social Development - JHB 011 355 7995 veronica.ciantan@gauteng.dw.za Lindiwe Khoza Department of Social Development - JHB Metro 011 347 1716 lindiwe.khoza@gauteng.gov.za Patricia Randana Department of Social Development - Khayelitsha 021 360 2100 Nicolette Hendrick s Department of Social Development - Khayelitsha 021 364 1337 nichendr@pgwc.gov.za Thabisile Msane Department of Social Development - Kwazulu Natal 034 907 5059 engotshe@uldr.kzntl.gov.za Renitha Veerasa my Department of Social Development - Kwazulu Natal 033 395 9745 veerasamy@pwke.kzatl.gov.za Thami Kubheka Department of Social Development - Kwazulu Natal 035 874 3821 kubhekat@dwbp.kzntl.gov.za Groba Department of Social Development - Kwazulu Natal 031 915 0011 umbumbul@dwbp.kzntl.gov.za Mphnthn Department of Social Development - Kwazulu Natal 083 279 4317 mphnthnpl@dwbp.kzntl.gov.za Zethu Department of Social Development - Kwazulu Natal 033 493 0059 mdlasosebz@socwel.kzntl.gov.za NM Kubheka Department of Social Development - Kwazulu Natal 036 634 6645 kubhekam@socwel.kzntl.gov.za SM Hlobhwa yo Department of Social Development - Kwazulu Natal 034 312 8290 mhlonyos@socwel.kzntl.gov.za Modble Department of Social Development - Kwazulu Natal 036 637 2214 modlalobn@socwel.kzltl.gov.za Zikhal Department of Social Development - Kwazulu Natal 032 533 5025 PK Chetty Department of Social Development – Kwazulu Natal 082 898 1811 TE Mlotshw a Department of Social Development - Kwazulu Natal 082 758 2363 GT Ncobela Department of Social Development - Kwazulu Natal 083 7450151 N Thusi Department of Social Development - Kwazulu Natal 083 995 7468 B Sapeda Department of Social Development - Kwazulu Natal 033 264 2082 TG Ntombel a Department of Social Development - Kwazulu Natal 039 832 9265 Ntabiseng Nikelwa Myrtil Lungie Thabo DN Witness nmakoena@socdev.fs.gov.za chettypk@socwel.kzntl.gov.za bukiwe.sapeda@kznsocdev.gov.za Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 177 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Zimu Department of Social Development - Kwazulu Natal 033 392 8600 Ncwane Department of Social Development - Kwazulu Natal 082 804 0191 Mhlongo Department of Social Development - Kwazulu Natal 035 814 6765 Lesuthu Department of Social Development - Kwazulu Natal 031 716 2600 Phumula Department of Social Development - Kwazulu Natal 031 510 221 Sihle Gumede Department of Social Development - Kwazulu Natal 082 892 0731 Sibongile Manyathi Department of Social Development - Kwazulu Natal 082 907 5184 manyatis@dewbg.kzntl.gov.za W Magwaza Department of Social Development - Kwazulu Natal 031 336 8704 mahwazaw@uld.kzntl.gov.za PB Madide Department of Social Development - Kwazulu Natal 033 341 7921 mthimewivb@uld.kzntl.gov.za WD Ngcobo Department of Social Development - Kwazulu Natal 033 341 7604 ngcobowd@uld.kzntl.gov.za NG Mbavywa Department of Social Development - Kwazulu Natal 082 905 6350 mbavywan@uld.kzntl.gov.za ET Mhlongo Department of Social Development - Kwazulu Natal 033 341 9812 mhlongoet@pwke.kzntl.gov.za Thabathi LJV Department of Social Development - Limpopo 015 293 6355 Dinah Mashoes hoe Department of Social Development - Limpopo 073 004 3424 Sophy Mfati Department of Social Development - Limpopo 083 403 0653 mmasop@webmail.co.za Masepa Malebatj a Department of Social Development - Limpopo 073 515 5091 malebatjaj@dhov.norprov.gov.za Zodwa Mawang Department of Social Development - Mpumalanga 082 486 3646 zodwamah@social.mpu.gov.za HJ Nomandl a Department of Social Development - Mtubatuba 035 551 1850 Murav Ngwbombene Department of Social Development - National 012 312 7609 musam@socdev.gov.za Mide Department of Social Development - National 012 312 7173 mideS@socdev .gov.za Khumalo Department of Social Development - National 012 312 7976 makuosazamqk@dsd.gov.za Bok Mapena Department of Social Development - National 012 318 7812 mapenab@socdev.gov.za Mahlotse Mogoam e Department of Social Development - National 012 312 7610 mahlotse.mogoame@socdev.gov.za Ditebogo Manana Department of Social Development - National 012 312 7735 ditbogom@socdev.gov.za Conny Mxumalo Department of Social Development - National 012 312 7386 connym@socdev.gov.za Dudu Faladze Department of Social Development - National 012 312 7639 duduf@dsd.gov.za Eddi Khoza Department of Social Development - National 012 312 7639 eddik@dsd.gov.za NA P Pretty Shangele Khawula Sepeng MP 390pmb@pwke.kzntl.gov.za mhlongop@uldr.kzntl.gov.za Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 178 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Mabe Department of Social Development - National 012 312 7392 tebiggoma@ded.gov.za Frances Viviers Department of Social Development - National 012 323 7790 francesv@dsd.gov.za Magdalena Msonsam y Department of Social Development - National 012 312 7357 magdalenam@socdev.gov.za Joan Groenew ald Department of Social Development - National 082 467 3634 joan.groenewald@socdev.gov.za Lerato Khwinan a Department of Social Development - North West 079 491 5559 dkwinana@nwpg.gov.za Modimokwane Legote Department of Social Development - North West 018 384 4837 mlegote@nwpg.gov.za Mapule Mboweni Department of Social Development - North West 018 388 1664 mmboweni@nwpg.gov.za Innocentia Moseme ng Department of Social Development - Nothern Cape 053 874 9263 imosemeng@mim.ncape.gov.za S Moodley Department of Social Development - Phonix 031 509 8827 phonix@dwbp.kzntl.gov.za Abram Phaliamd hlaka Mmomsa Mokhoth u Tebiggo C.D. Department of Social Development - Pretoria Department of Social Development - Sedibeng Region Department of Social Development - West Rand 012 312 7875 082 613 9659 mmamosa@gpg.gov.za 011 753 1304 charmaineseioma@gauteng.gov.za 083 456 1360 noralara@pgwc.gov.za 073 654 4283 pearlv@socdev.gov.za Nomvume Seioma Emmaros e Ralarala Pearl Wezi Department of Social Development - Western Cape Department of Social Development - Youth Directorate Watson Seatel Department of Social Services 053 632 7600 Zodwa Mosome Department of Social Services National 012 312 7187 zodwa@dsd.gov.za Steven Maselesd e Department of Social Services National 012 312 7066 stevenm@socdev.gov.za Mogomosi Keaimedi tse Department of Social Services Nothern Cape 053 714 3400 Zodidi Tshotsho Department of Social Development 012 312 7883 zodidit@socdev.gov.za Z Mteto Department of Social Development 082 551 4038 zoleka.mteto@socdev.ecprov.gov.za Mthimunye DHSS 013 710 0105 lungilepm@webmail.co.za Charity Lungile Mxhabel a DHSS 013 767 1100 Mamarsiari A.S. DHSS 013 799 0572 Maduma V.I. DHSS 013 656 6225 Mahlangu L.T. DHSS 013 976 7479 Sihlangu EP DHSS 013 766 3251 Mabena Sinduswa DHSS - Delmas 013 665 4902 A.B. Snija DHSS - Nelspruit 013 766 3282 andrewrs@social.mpu.gov.za Portia Mtslal DHSS Mpumalanga 082 797 1900 Portiamt@dhss.mpu.gov.za Noxolo Gubesa DHSS Mpumalanga 076 693 1553 NoxoloN@dhss.mpu.gov.za innocenm@socail.mpu.gov.za pulanes@social.mpu.gov.za Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 179 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Maria B Nhlapo Nonkony ana DOSD 0475312553 Sweetness Nombexe za DOSD 0437433475 Sweetness.nombexeza@socdev.gov.za Nomathamsanq a Daweni DOSD 0823732007 nomatamsanqa.daweti@ecprov.gov.za Veronica Mpondw ana DOSD 0824115812 veronica.mpodwana@socdev.ecprov.g ov.gov.za Khanyisa Monakazi DOSD 07952774554 nombiningcikiza@soc.dev.ecprov.gov.z a Nosisi Skosana DOSD 0414065728 isabella.skosana@soc.dev.ecpro.gov.za Lungile-Ndlovu Zandile DOSD 051 633 1600 Thenjiwe Manonga DOSD 051 611 0208 Monde Denster 041 406 5736 monde.danster@socdev.ecprov.gov.za Anthea Mokwan a DOSD Department of Social Development - Provincial Office 079 891 5752 anthea.mokwana@gauteng.gov.za Nonhlanhla Mkhize Durban Lesbian Gay Community and Health Centre 031 301 2145 admin@gaycentre.org.za Delani Gumede Durban Youth Radio 073 788 0109 gudeded@ananzi.co.za Delaney Gomede Durban Youth Radio 031 304 0410 guneded@ananzi.co.za J Mchunu EKUZAMENI Crisis Centre 031 711 0582 Juliana Engender Health 082 625 9874 juliana-davids@engenderhealth.org Phindile Davids Gawabaz a Zanele Mbhele Enthembeni - Kwazulu Natal C Adriaans e Enthembeni Commission Centre - De Aar Enthembeni Community Centre 073 888 878 ectce@telkomsa.net 053 631 4379 ecte@telkomsa.net Luvuyo Karen Nxusani Matema n Nokuphula Dignity VEP 058 913 8560 Enthembeni - Kwazulu Natal EPWF 011 945 6433 Zwane Esther House 033 865 0434 noks@estherhouse.co.za Abelgail Sizakelhe Ethembe 031 704 6860 abegail.siza@gmail.com Leon Oliphant Ethembeni - Northern Cape 076 868 1862 eck@telkomsa.net Wilma Calvert Family Life Centre 011 788 4784 Francina Hope Masibi FAMSA- Mafikeng 083 244 1166 Fancy Far North Network on Family Violence - Vhembe 082 647 6390 FNP 082 475 1090 Mosia Malapela Ramafike ng Masabat a FNP 058 813 9622 Bes Steyn Foreign Affairs 012 351 4800 steynb@foreign.gov.za IH Alli Forensic Patho Services 039 684 0202 iekram.ali@kzn.health.gov.za Raselebeli Nkhutlelang Angelinah Khotseng FSNVAW 078 692 6518 Mongale Gamagang Crisis Centre 072 501 0392 Selina Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 180 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Mohau Makhosa ne Gauteng Health 011 298 2498 mohau.makhosane@gauteng.gov.za Mary Motaung Gauteng Health 011 298 2502 mary.motaung@gauteng.gov.za Gabi Khumalo GCIS 072 623 0076 Liesl Gender Dainamics 083 320 7691 liesl@genderdianamix.org.za Rina Theron Van Der Berg Grace Help Centre 014 574 3476 gracecentre@telkomsa.net Bambo Jane Health and Social Development - Limpopo 015 293 1181 Nemukongwe Veronica Kerileng Health and Social Development - Limpopo 015 962 2918 Consfance Makgadi Machaba Health and Social Development - Limpopo 015 290 9000 Hunadi Moropen e Health and Social Development - Limpopo 015 293 6331 Ramohlola Manisi Mary Health and Social Development - Limpopo 013 260 1645 Mothobela Moichibidy Shirley Health and Social Development - Limpopo 015 651 0057 Senyatsi Kgabo Isabel Health and Social Development - Limpopo 083 715 0871 Machete Ngwanalesele Patricia Health and Social Development - Limpopo 013 264 9627 Health and Social Services 013 766 3098 doreenb@social.mpu.gov.za Health and Social Services 013 766 3098 yvonnek@social.mpu.gov.za Health and Social Services 012 721 3872 Doreen Khulani Banda Hwabang ane Aurelia hmoropona@dhw.norprov.gov.za Adeline Tladi Health and Social Services 013 947 3241 Mmatladi Molefe Health and Social Services 013 243 4190 Lydia Matsi Health and Social Services 017 843 1142 Nkanyane Irene Gcinekile Health and Social Services 017 826 0545 gcinaN@social.mpu.gov.za Boni Biya Health and Social Services Mpumalanga 017 883 0251 BoniB@social.mpu.gov.za Lerato Nkambul e Health and Social Services Mpumalanga 017 735 3898 LeratoN@social.mpu.gov.za Nomusa Motha Health and Social Services Mpumalanga 017 331 3240 NomusaM@social.mpu.gov.za N.M. V]ilakazi HIV & AIDS Prevention 082 406 0758 vilakazi.n@socdev.gov.za Dikeledi Mpete Home Affairs 012 810 6316 dikeledi.mpete@dha.gov.za Donald Mzekand aisn Home Affairs 012 810 6316 donald.mzekandiasn@dha.gov.za V Le Roux IJR 083 45 7463 wrleroux@yr.org.za B Nkentsha Ikhwezi 0458432110 ikhwezi@lazeldom.co.za J Ngxheto Ilitha CPS 0737854164 Vaughm Stembeni Inguavuma Woman's Centre 033 591 0135 Sthuli Gumede INK Youth Forum 031 503 3169 Nokuzola Magida Isinamva Community Development Centre 039 255 0427 stembeniwv@xsinet.co.za isinamva@telkom.net Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 181 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Justice and Constitutional Development Khanyisa Com Educ. Dev Centre Tshuba Makua N Ndaki Chantelle Khulisa 034 326 3664 Sharlene Rose Rambulli e Khulisa 036 637 2616 Rebecca Pursella Khulisa 011 447 6464 rpursella@khulisa.com Marjorie Jobson 082 268 0223 marje@khulumani.net Jabulile Dube Khulumani Support Group Khushwayo Business Enterprises S Arends Kimberley Shelter 072 770 7713 tamarshelter@net.sa A Phillips KNB Qutreach Centre 041 978 1494 adellette.phillips@socdev.ecprov.gov.z a Sthembuso Mlungwa na KNU Radio Phumlani Mbatha Kwamashu Community Policing 031 503 7353 mbathaphumlani@gmail.com Bheki Msani Kwamashu Heritage Trust 031 503 3169 bhekimsani@polka.co.za Sagie Naidoo KZNPA 031 337 9612 sadie.naidoo@kznhealth.gov.za Mabena Sibongile Leseding DHSS 083 716 5349 Nage 051 407 1800 emakua@justice.gov.za 082 408 7793 kcedcndaki@lantic.net 031 504 1028 sthemtungwina@webmail.co.za Lifeline 018 381 0376 11office@lantic.net Colleen Rogers Lifeline Bellamoria 016 428 1741 iti07318@mweb.co.za M.J. Modisa Limpopo Network 072 672 5971 Melonie Gobel Phumla Magagul a Living Water 0437227096 Masisakumeni Woman's Crisis Centre 013 780 3078 Patricia melonie@livingwaters.org.za B Mokoena Masonwabisane Women's Support Centre 047 491 4496 masonwabisanewsc@mweb.co.za Mandisa Sinakho me Matjhabeng Rape Intervention Case Centre 057 916 2281 somhlahlo@yahoo.com H.P. Mokotedi MEC's 013 766 3093 helenm@social.mpu.gov.za J.N. Beharrie 013 766 3098 josephineb@social.mpu.gov.za Voilet Smith MEC's Meqheleng Victim Empowerment F.T. Moeketsi Mercel Regional Movement 076 209 4891 moeketsi@sanlamLG.co.za Mary Mercey House - Gauteng 011 329 6682 mail@merceyhouse.co.za Kamini Mmushi Padoyach ei Mercury News 031 308 2122 kamini.padoyachei@inl.co.za Johannes Pitso MIA 072 243 8489 Malatji Mmakgomo Solomon Queen Mmamethake DHSS 083 730 1802 Phosa Mogwawi SAPS VEP 082 247 7862 M Lekgalwa Carphus de Vos Mosaic 021 761 7585 Motetema VEP 076 247 4848 Scotch Moloto Madhlop he Mpat 073 280 2703 Wassah Khumalo Mpat 073 149 5391 074 241 2716 mdevos@mosaic.org.za ndwecs@webmail.co.za Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 182 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Andries Tshehla Mpumalanga Education 082 459 7819 Mudau Mutale VEP 082 727 4271 P.M. Norman Tlhabany ane Naledi Lifeskill Training 018 381 6310 JR Moranrto National Department of Health 012312 0395 Tau National DSO 084 206 4440 Mohlatlego Ntsoane Mosegm o National Peace According 011 606 2850 npglmem@mail.ngo.za Thozama Sabi National Peace According 011 606 2850 npatts@mail.ngo.za Hildegard Monei National Prosecuting Authority 084 821 1850 hlimson@npa.gov.za Brandon National Prosecuting Authority 082 427 4785 bglawrence@npa.gov.za Malebo Lawrence Rammop o National Prosecuting Authority ngkolo.rammopo@npa.gov.za Pumza Gonize NDSD 012 845 6153 012 312 7111 Nonhlenhlg Vilekezi NDSD 012 312 7677 nonhlenhlev@socdev.gov.za Miches Sepeng NDSD 012 312 7173 miches@socdev.gov.za Makhosazana Khumalt NDSD 012 312 7976 makhosazanak@dsd.gov.za Detebogo Manane NDSD 012 312 7552 detebogom@dsd.gov.za 053 872 2644 011 642 4049 newlifeforgirls@yahoo.com Clement Network and Violence Against Women h.tshehla@education.mpu.gov.za ipmt@lantic.net PHUMZAG@SOCDEV.GOV.ZA Babalwa Roberts Makawul a Mary Dobbie Newcastle Crisis Centre Samsun Ntjebe NGO 034 315 3389 073 041 5906 Zelda NGO - Gauteng 011 892 5037 rose@execmail.com Virginia Nkabinda Camealiv Benjamin NGO Government Local 083 605 9392 vcb@ec108.org.za Annelize Reese Nicdam 082 467 1105 areese@nicdam.co.za Vuyisile Nika Nicdam - Northern Cape 053 831 1671 ncape@polka.co.za Eliza NICRO 078 527 2461 eliza@nicro.co.za Vanessa Kenyon Padayach ee Nicro 082 202 0202 vanessa@nicro.co.za Hete Kaplan NICRO 011 242 3017 Juanne NICRO - Western Cape 021 397 6060 Thoko Waites Majokwe m NPA 012 845 6136 Johan Du Toit NPA 082 557 6539 johan.dutoit@npa.gov.za Nosisi Nangu NPA 043 761 2023 nnangu@npa.gov.za Karen Teweson NPA - National Office 083 229 9440 ktewson@npa.gov.za Phumeza Mafani NPASOCA 012 845 6131 pmafani@npa.gov.za Lephophotho Mashike NPAT 011 717 4428 moxemogolo70@yahoo.com Nobuhle Butelezi Ratshwa ne Ntandokazi Trading 076 621 5161 NUAOE 018 387 3404 Dike TV Mansfiel d NVAW 053 872 2644 Opendoor Crisis Centre 084 409 2679 Pamela Sally Thora New Life Centre juanne@nicro.co.za pratshwane@nwpg.gov.za thora@opendoor.co.za Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 183 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Joy Watson 021 403 8242 Moloko Parliament RSG People Opposing Women Abuse Tiny Mercia Tafeni Philani Victim Support Centre 051 713 9301 Provincial South African Police Service - Free state 051 507 6578 Samantha Nghondh ureni Waterho use RAPCAN 021 712 2330 sam@rapcan.org.za Tania Moodley RAPCAN 021 712 2330 tania@rapcan.org.za Cheryl Frank RAPCAN 021 712 2330 cheryl@rapcan.org.za Cherlyn Frank RAPCAN 021 712 2330 cheryl@rapcan.org.za Kathleen Rape Crisis - Cape Town Trust 084 568 5356 cath@rapecrisis.org.za Restorative Justice Centre 012 323 2926 thea@rjc.co.za SABC 012 431 5472 ramagoshim@sabc.co.za T Dey Goldenh uys Ramagos hi Subramo ney SABC 083 712 6023 subramoneyt@sabc.co.za C Roan SABC 082 570 5369 readcs@sabc.co.za G.M. Mojani Safety and Liaison 053 831 2781 Mark SAPS 031 304 9434 GB Kamaph Manqwa n SAPS 082 516 4858 Sonja Harri SAPS 021 467 6322 wc.detect.monitor@saps.co.za Tasswell Pualse SAPS 084 670 0800 weprojects@saps.org.za0 N SAPS 040 608 7131 ecprovsocial@saps.org.za SAPS 013 698 7132 vosman@saps.com Wessie Mani Ntombifu thi Nkosi Autoinett e SAPS 013 759 1479 Sebenzile Qunta SAPS 083 839 2812 Nomahlubi Sofika SAPS 082 371 6478 Mbali Mcadi SAPS 012 421 8036 cpvoilence@saps.org.za K.L. Mapetla SAPS 012 421 8234 vp.hqvep@saps.org.za SAPS - Gauteng Provincial Office 082 331 8930 gp.prov.crimeprevention@saps.org.za SAPS - Limpopo 015 290 6210 lim@saps.nod.org.za Zondi Thea Mmabatho Nicolan Joseph M jwatson@parliament.gov.za 083 959 3762 Refilwe Salmin Ratombo Mlhame w Mjthobula T SAPS - Limpopo 015 200 0353 Lizzy Mabunde SAPS PHO - Mpumalanga 083 642 8150 Koamotso Agnes SAPS Provincial Office 013 299 7137 PJ Nel SAPS Social Crime Prevention 082 778 9662 nelp@mweb.co.za Dumisile Hadebe Sara Dumisile Hadebe Contractors 031 264 0395 hdumisile@yahoo.com Synnov Stefani Pretorius Skorge Sarah Banham Centre 083 354 7353 synnov@womenscentre.co.za Serobi Trauma Centre 051 436 6860 serobicentre@telkomsa.net Linda Fugard Moethilal h Sisters Incorporated 021 797 4190 039 977 8220 sistersinc@telkomsa.net Nirri Snethemba Shelter nirrim@lwe.co.za Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 184 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Shilali Social Development Provincial Office 011 355 7699 Social Services 058 481 3936 Ida Phumeza Thokoda ne R.A. Bailey Social Services - De Aar 053 632 7600 rbouley@pks.ncape.gov.za C Farmer Social Services & Population Development 027 712 2054 cfarmer@spincape.gov.za Donald Whitebo on Social Services & Population Development 082 591 6965 dwhiteboom@ng.ncape.gov.za Mervin E.A. October Social Services and Population Development 054 337 9408 moctober@uposb.ncape.gov.za Rakatane Social Work Programmes 053 948 1135 Matlakala RL Tshetlaha na Social Work Programmes 053 948 1135 mdtshetlahana@nwpa.gov Jabulile Afica South African Men's Action Group - North West 018 381 3730 thegovernor@samoe.org.za Mokhethi Rahthako South African Mens Action Group - North West 011 892 0990 samag@mailbox.co.za M South African Police Service 012 334 3761 freemanm@saps.org.za C Freeman van der Klasthors t South African Police Service 012 393 2362 vanderklasthorstc@saps.org.za NS Mogale South African Police Service 082 997 8816 sharon.mogale@gmail.com SP Erasmus SVCA 084 257 0831 SPERASMUS@NPA.GOV.ZA Goodness The Haven 033 394 0228 V Nxumelo Musabyi mane The Potter's House 012 320 2123 vestine@pmc.org.za Vimla Pillay The Trauma Centre 021 465 7373 vimla@trauma.org.za Jeanette Makae Thusamang Advice Center 058 713 6074 tadvice@telkomsa.net Thokozile Eister Tipfuxeni Communication Counseling Centre 015 516 6874 eisgro@telkomsa.net Vanessa Ludwig Triangle Project 021 448 3812 director@traingle.org.za Miriam Frederick s Trauma Centre for Survivors and Violence and Torture 021 465 7373 miriam@trauma.org.za Tshwaranang 011 403 4267 lisa@tlac.org.za Fiona Detter Nicholso n TVEP 015 963 1222 tvep@lantic.net Thobeka Dlova Ubuntu 039 258 0160 Monhlanhla Dube 082 048 9541 Nokulunga Maqeda Ulindi Shelter Umtata Women's Support Centre Chris Opondu UNDC 012 342 2424 Tumi Moche UNDC 012 342 2424 tumi.moche@unodc.org Robert UNESCO 073 6222 003 thamsamqarobertncube@yahoo.com Thamdeka Ncube Tshabolal e UNISA 012 429 8294 tshabtl@unisa.ac.za Juan Nel UNISA Centre for Applied Psychology Charmaine March UNISA Centre for Applied Psychology 083 239 4309 charm1@telkomsa.net Henna Hargevan University of Kwazulu Natal 083 590 2119 hargovanh@ukzn.ac.za Lisa 0475315121 shilalip@gauteng.gov.za uwsc@intekom.co.za nelj@unisa.ac.co.za Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 185 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference J Lucas UNODC 082 414 7102 Thomas Zeindl UNODC 012 347 7474 Andries Dichaba VEP 072 386 3976 Tsietsi Maphiso VEP R Mboyena Johannes Moraba Madimabe Chuma VEP 073 651 6387 015 812 2340 Ngwato VEP 082 541 1290 VEP 076 650 3613 VEP 071 175 3692 A Mowila Magdelin e Machebe le VEP 076 614 2286 D.M. Mophori VEP 073 578 5410 Eliske Phuthing Thimothy Maritz Victim Support - Witbank 082 970 3293 Melomsa Victim Support Centre 013 260 1007 Jeanette N Mgedeza N.C. Morapa Victim Support Centre Middelburg Victim Support Centre Modimolle Julianne Rodgers Jean Marutha Sewela bonganir@telkomsa.net 013 243 2732 vcscmiddelburg@yahoo.com 072 314 5834 nakedimoropa@yahoo.com Volunteer Centre 021 674 5338 julie@voent.co.za Vsindisa 011 334 1143 Johanna Bradley Dipolelo Marascv Vuweselo VEP 073 835 2096 Nqubeni Nozizwe WAWA 082 364 7527 Lungiswa Memgla WC Network on VAW 021 633 5287 lungiswe@womencentre.co.za Mymona WCED Gender Unit 021 467 2437 myjacobs@pgwc.gov.za Bryne Jacobs Joynerwo od WECD Safe Schools 021 467 2316 bjoynerw@pgwc.gov.za S.J Monare Western Cape DCS 021 550 6066 sello.monare@dcs.gov.za K Nkoko Western Cape Health 021 483 2684 knkoko@pgwc.gov.za Nontobeko Fosilara Women Against Women Abuse 041 466 9169 wawa195006@yahoo.com tebogo Moetywa Young Christian Students 053 871 5779 tebogomoetywa@gmail.com G Zululand Mental Health 035 787 0146 zmh@neotek.co.za Bernice Pillay JacobsMalgas Melanie Judge 083 271 2543 programmes@out.org.za Sharon Rufus 083 500 0672 Evelyn 082 778 2879 Dorethy Mapetha Robertso n Mokhethi Ranthako 073 634 9616 Boy Kaketshi 084 808 5630 CJ Verster 083 411 1167 082 804 1979 Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 186 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 23. Evaluation of the Conference 23.1 Expectations covered during day 1 23.2 Relevancy of presentations during day 1 Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 187 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 23.3 Expectations of video Day 2 23.4 Average percentage of break-away commission’s – Expectations met Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 188 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 23.5 Relevancy of presentations to the work 23.6 How the facilitators managed the commissions? Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 189 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Day 3 23.7 Duration of the program Comment: A conference of this size should be a week Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 190 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Was the conference practical for your professional needs? Clustering Comments oppies: ters: Proceedings: Time: Need more time to discuss and debate issues. Need hard copies of the presentations what should be handed out to delegates during the conference All presenters well prepared Programme must be implemented by service providers to avoid delays in court proceedings VEP Management Team should be strong to ensure sustainable funding 23.8 Was the conference practical for your professional needs? Further needs to address on the next conference: Environmental Issues also affect impact on voilence. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 191 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Restoring values systematically broken down. Economic trends also impacting on voilence as poverty. Not enough about marginalize groups such as LGBT, disabilities, and hate crimes should also be integrated. There was no discussion on the VEP graft policy. The rights and challenges faced by victims. Funding. 23.9 How did you found the overall standards of the presenters? Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 192 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 23.10 Has the conference met your expectations? More commissions and role clarification 23.11 Did the presenters cover the topics adequately? Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 193 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 23.12 Did the presenters provide opportunities for delegates to participate? 24. Further comments from delegates 24.1 Other needs are: Training for volunteers. Restorative Justice Trauma related matters Perpetrator propgrammes Developmental trends and “discovering” practice-models is necessarily Support, monitoring and evaluation of VE programme 24.2 Overall assessment of the programme and suggestions Very good Conference Good venue and food Well presented papers Team must be commended Programme should be longer than 3 days Travel arrangements should improved Role of men and boys in VEP should be rolled out Arrange mini conferences of this nature Collaboration and partnerships to be strengthen Enhance Human trafficking awareness Court preparation for victims Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 194 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference Monitoring and evaluation Ensure prevention strategies are in place Management skills Therapy programmes and addressing PTSD Ensure Integrated Service Delivery Ensure that we raise more awareness around victims of hate crimes and LGBT What happened with allocated VEP Funds? Victim Empowerment Programme – The Way Forward on management structures Sustainable funding for CSO Establishment of VEP shelters for all genders Stipends for volunteers Provincial VEP may meet our need better than this National Conference Establish VEP Committees on local level Streamline the conference in terms of: Practical applications, challenges, new developments, policy development and Way Forward Embrace on the issue of funding of VEPs by other Departments except DSD VEP Mediation process Substance abuse Improve on proper coordination in terms of travelling for delegates Some presenters presented poorly 25. 1. 2. Evaluation of Presentations Do you think that the presenters covered the topics adequately as set out in the programme? No-due to time allocated with the result that information they had prepared for the Conference could not be shared. It would have been instructive to have presentations of each government department and their challenges in victim empowerment and recommendations Were you happy with the presenters papers presented to you? Not really, because there was not enough some of us ended up not getting. Presentations were good but it is bad that we need to access the info on the internet as not all people have access to this. We are lost on the Internet 3. Do you think there was enough opportunity or time given by the presenters for you to participate in the discussions during presentations? No – time was an issue 4. Do you feel you learnt something new? If so from which topics? Yes form the people who run one-stop centers. Refugees Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 195 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference 5. Eco-therapy process was very interesting Best practice model form RAPCAN There are NGOs that are rendering wonderful programmes in remote parts of the country Importance of partnership between government and CSO Anti-Rape Strategy LGBT Colleting of Acts to VEP Role play case study More times for groups Diversity of victims What would you like changed in the programme next time? Duration of time for speakers To much information in one day Inter and intra departmental collaboration Resolutions: Set time aside to discuss it by delegates Integrated VEP Policy a endorsed Policy and not a draft Limit presentations Circulate proposed conference resolutions at the beginning, gear ALL presentations toward issues certainly to these resolutions and allow more time for debate Assign adequately skilled rapporteurs Ensure that Facilitators are competent to facilitate Cluster presentations according to other themes such as: Domestic Violence, shelters, children, refuges, trafficking etc. 6. Does your organization need more training? And if so in what areas? How to run a shelter in a holistic approach. Client management. Invite SADC & International counterparts Psychology services at local level is seriously lacking The mental health of our communities is not addressed Reports prepared for High Court-Child Witness-Formulation of Victim Impact Statements. Need a copy of Care plan We desperately need information to be share in order for our service delivery to keep on growing Capacity training Additional comments - Gala Event Rocked Continuous training for social workers and other professions on VEP policy Provisions to share best practice model AU info presented could have been put into a user Friendly brochure and presented to each participant rather than have a lot of repetitive presentations could have gone into discussions groups and get the work done. - Directorate should liaise with disability Directorate. - No inspiration, motivation, enthusiasm experienced. Panel- this is not happening. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 196 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference - The round table presentations were poor. Sector presenter did not have a clear understanding of the available interventions within their sector. - When the speakers are presenting in slide how to be done. The speakers did not keep to their stipulated times. The last session was pathetic as some of the panel was clueless. - Also sound system very poor, especially at the back. - Tell us how you are going to manage the gaps in coordination within department and NGO as well CBO and the proper funding. - Some comments from the audience were interesting and valid. The panel reactions to the problem were unrealistic and revealed gaps in delivery - The shelters are doing very well and hope that the donor could be of assistance financial in order to make their work easy. Integration of service is also a serious gap - Less time could have been spent on children’s ACT, it was very exhaustive; more time should been spent on DVA 116/98 because those in the round table discussion were clueless about procedures into VEP. The police and health were very poor with their explanation of what needs to happen! WOW!! - Speakers failed to present within time- Limit and in most instances were inaudible. Adv B Lawrence was very knowledgeable about his subject matter and presented matter and presented it well!! - Sound system not too good- difficult to hear hand held mike at the back. Print of some presentations very small. People are holding conversation, answering cell phones, constantly group in and out, this is very disturbing. The video presentation only captured certain provinces, why other provinces are worked not show cased!! What criterion was used to nominate the provinces to be show cased? - - The speakers are not loud/audible enough I struggle to hear and I missed a lot of information. - Stipend for VEP. - I’m negative due to the extremely poor service that I received yesterday!! I have been trying the whole morning to confirm my flight home, but your staffs have been most unhelpful!!! - Looking forward to commissions. Think more interaction with delegates would be more beneficial if the presenters are long and not interactive the day becomes too long and boring. The venue is great! Well organised. Thanks to all concerned. Food etc great quality. Water on the tables so appreciated. Networking opportunity is vital. Thanks you for putting it all together DOSD. - The organization of this conference was extremely poor in respect of flight and transportation. No apologies or mention thereof to the many delegates that were inconvenienced. Would appreciate copies of presentations i.e. availability in soft copy as well as summaries from rapporteurs. - Sitting arrangements needs to be reconsidered to ensure that all people have closer contact with the speakers. Break away will do. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 197 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference - Provide some entertainment to break the monotonous programme on the whole there is still room for improvement. - Still waiting to receive implementation information and tools. The practical application and monitoring of VEP needs to be put forward. Role clarification for the different department to be explained. - I request questions ballot for people who can pose questions secretly as some of us, from civil societies lack self confidence to stand in front of the whole participants. We go back home with burning issues and our inputs can make a floor working with community especially when we are with professional we are very scared. - Most service providers are also victims of unemployment. How can they counsel other victims whereas they are starving some of us does not even get stipend of R500 but we are busy working. We also become traumatized. No one listen to us. - Do not just say things that does not time framed. You make us loose trust or focus. Double check that only or more services are given to offenders less to victims. Time frame is very much essentials. We cannot just wait without being passive. - Crime Prevention Strategy is also need to be developed. - Presentation must be made before lunch for it is causing people to get drowsy when coming from launch. - Why the government doesn’t own shelters and One Stop Centre because these places are always in a shortfall and most of the time are almost being closed. - The case scenario was useful in demonstrating the strengths and challenges of an integrated approval to translating policy and legislation into practice. - The panel discussions was removed from practical realities in the beginning it should have been focus on the problem and dealing with it not removing the mother and children without consulting with local support structures e.g. church etc. No intervention e.g. family or marriage counseling. VEP should focus on the needs of those in rural areas and where the structure and resources are lacking. At least the lack of coordination between government departments was again highlighted. - Create employment opportunity for volunteers not to be stipend. Encourage men and boys to come forward and report abuses they encounter as well. - Too dark inside, boring presentation, presenters could have put more effort and ‘spark’ into their presentations. - Clear communications about logistics needed e.g. buses timing etc. It’s good those government departments acknowledges and recognize their shortfalls and work on plans to deal with that. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 198 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference - All the departments gets information from the grass roots, volunteers but they do not think of compensation then the question is when volunteers will gets compensations, please give them funds because they committed themselves within this programme. - A lot to be done on the operational phase need to implement than preparing impressing presentation whereas we know that government is not doing much after 10 years. A lot need to be done THANK YOU! - The case scenario indicated that general approach is maintained in addressing the client’s problem since the panel did not individual but generalized the response to the case. - Programme like this must be held annually, whether it can be referred as dialogue or something else because it shows us as to how far are we with the implementation on VEP. - Role play was an embarrassment. - Thank you all for arrangement and hard work. We appreciate it. - Looking forward to tomorrow. Sound not very good! - Most of the information could have been put on disk book form. Cutting Conference by 1 day and cutting cost. - We need to hear commend from the survivors/victims regarding services they receive from stakeholder in the past as a way of assessing ourselves. - The new Children Act. Urgent needed for department of Home Affairs to be informing a trained Children Act. We are having cases of children from Lesotho where court opening were due but cannot be finalize due to documentation. This is a problem for the Free State. - We could appreciate if the government could help the communities at the lowest level to build the shelters for the victim because in most cases we end up accommodating the victims at our homes which is not the appropriate place to start with a person who needs a safe place to start are being followed by the same people who abused them at our homes because it is not a safe place and the police are not doing much on those cases. - Victims Empowerment Programme still have a lot of challenges to look at. - More has to be done on role clarifications of all stakeholders on VEP. I would like to agree with the Department Minister Legislations has been there and we should implement effectively as early as they were approved and costed. NB: Only people with passions will make this program a success, not only there for salary but for good course which is to put their people first and effective service delivery. - Session about children act very boring no new information would like to have more about criminal law (Sexual Offences) rather give case studies etc. - I think it is a good idea to have this stakeholder and hope if they create more campaign the victim will be reduced, I wish all the centers have more shelters to accommodate those kids who has no parent and for those who are orphans. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 199 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference - - A very good and informed Conference. Presentations should be in slides or be mad available on the packs not everybody has an access to internet. Children Act presentation could have been done better and sufficient. - Departments like SAPS, Justice need to pull their soaks. Their presentation on the case study was not good at all. - The case scenario was very good. It raised awareness on all of us that at times the management of Domestic Violence cases is not properly managed. - I add that debriefing mentioned above should always be mentioned in meetings and conference of this nature. - Improve funding of NGO as projects to have quality services to the communities and also ensuring sustainability and project members. - Please next time when you invite us as members of VEP to the meetings or conference please make sure that you invite one of the captain or superintendent from each station to come because you can see that the police don’t know about the work that VEP is doing at some station. - The round table discussion was good and it showed that there is a need to have referral systems in place and that follow ups need to be done by relevant service providers to ensure that the client has received quality services. - It is clear that we need to work as a team with other stakeholders in assisting and improving the lives of victims. - Handouts concerning presentations should be available to civil society organizations only, not government department as CSO’s have no money. - In future, handouts must be available as some local office faced challenges on website therefore hindering practical implementation of programme. - - - Good well prepared speakers. The presentations are important in making us to understand the importance of the rights of the victim of violence and crime. Good start to Conference. Good timing and presentations. Everything flowed together. Some key questions not given answers by the speakers. Poor preparation of the handout on biographical profile and abstract Time management good The presentation of the day was more nationally and providing structured not district office local office. Hope for next one will cover. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 200 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference - We are getting there. - The presentations were relevant and interesting. The first day was well organized. Well done. - - A presentation on the substance abuse treatment and prevention bill should have been considered as well. Substance abuse has a direct lunch direct line to domestic violence. Panel members should better themselves with topics. People who are working on the grass roots level needs to be invited in such Conference so that they should had same idea with those who are on top and who expect report on grass roots level. - Victim voice in terms of service they demand from stakeholder did not come out. - Thank you for this great opportunity. - Only if all head of department can be involved in the implementation of Victim Charter and VEP it will be 100% - The victims have to receive the status of their case. Social workers must be on standby even during the weekend. The Department of Social Development need to budget money for overtime duties for social workers. - Social workers should specialize in Victims Empowerment; they should also be available during weekends and after hours for counseling and victims support services. - DSD should strengthen the partnership between it and NGO all over South Africa. - The Victim Empowerment Programme needs to ensure that funding is made available to civil service organization in order to be adequately resourced. - Some of the presenters were very vague and spoke a lot without saying much. Only real positive prevention had been the one by Ms Nxumalo and Advocate Lawrence was better than excellent could have given him an hour to speak. - To keep a large contingency interested, you need for be more power packed and dynamic. Use technology- power point etc. - This case study indicated that the different sectors do not market their services adequately. The sectors should have rather focused on the gaps in service delivery for victims. - The Conference was well organized. Provision of more tables for lunch is needed. - The police (SAPS) needs to be more involved when it comes to VEP meetings and workshop like awareness sessions re: VEP - What is happening at local level when it comes to VEP at police stations- police do not always treat victims with respect they more focus on crime. Way forward!! - The problem is with all these efforts sexual offences are escalating. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 201 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference - It is very hard to get funding from other Department refers us to Social Development for VEP. I think handout of all the presentation and speeches are very important at any conference, reasons are that other organizations have no access to internet. - Well organized conference so far. - Everything was well organized. - The Conference is very informative on this day and one appreciates the variety of speakers invited. - It will be good training if it is addressed in partnership with the University and budgets given to University and NGO allocated places at those short courses. - Thanks for a great first day. - Thanks for this opportunity! Enjoyed the practical component of the hypothetical case study!! - The programme was to much to grasp a lot in the evening we no longer following. - Brandon Lawrence presentation was out of this world. Well prepared and well spoken. - The departments that are using this education can they think first for the NGO and volunteer. - I would like to thank the sponsors. This Conference has empowered me; I will also empower other community based organizations. - Presentation on Children’s Act 38, 2005 as amended was highly informative, empowering to the children and implementing stakeholder. - The conference met my expectation the only challenge was the hand outs should have been made available as the internal facilities are very difficult to access. - - Hoping for value added outcome at end of the conference, I mean something tangible. The programme was very fruitful to me some of my questions are answered. Thanks to the last facilitator she has done a very good work. Conference was well organized and up to standards except for the transport arrangement. - The session was well organized. The programme content was relevant to the issues of discussions within VEP. - Further discussions on issues rose like financial awards; follow up compelling regional department to participate in the intersectional forums. - DSD (Nation) to monitor the service on a regular period to ensure the national standards for VEP are adhered to in provinces and civil society. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 202 of 203 Report on Victim Empowerment Programme (VEP) 10th Anniversary Conference - Last session of the day needed more preparation felt that SAPS officials was put on the sot she was not protected. - Department of social development are doing great in leading and coordinating the VEP. - So far so good. - Please try to focus to VEP shelters that are not government initiatives because they are of good help to our development. - Capacity building of provincial forums under VEP in order to be replicated at district level to improve the commitment of stakeholders. Guidelines on formation of forums to be available on Departmental website. - Thanks, want to talk about service delivery. - All presentations be made available in the website since one could not capture everything. - - Make presentation accessible in the DSD website as soon as possible please. The information is important. The programme is very good; it must only be motivated at the broader community. Held at the International Convention Centre (ICC), Durban, South Africa, 18 – 20 August 2008 Page 203 of 203