Research Department

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Presentation to the Portfolio Committee
on Women, Children, Youth and People
with Disabilities
20 March 2013
1
INDEX PAGE
1.
Introduction
2.
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3.
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4.
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Research Department – Programmes
The Victims Charter Report
The Gender Barometer Report
365 Days Action Plan
Legislative – Policy Briefs
Legal Department
Traditional Courts Bill
SAFA Hearings
EE Hearing
Complaints & Litigation
Monitoring International Instruments (CEDAW, BEIJING and MDGs)
Public Education & Information
Maternity Benefits
Consultative Dialogue of Sex Work
AGDI
Women‘s Month
16 days of Activism
INTRODUCTION
This report provides an overview of performance for the period April to
December 2012. As amplified below, roll out of programmes agreed to in
the APP have been in some quarters slower than desired. Management is
taking the necessary corrective action and to ensure that all targets will be
met at the end of the financial year.
This first quarter was characterised by a number of PFMA compliance
processes, including but not limited to finalisation and submission of Annual
Financial Statements and the Annual Report to the AGSA and NT, lodging
the strategic plan with Parliament, presenting the strategic plan and Annual
Performance plan to Parliament
The second and thirds quarter were characterised mainly by rolling out and
executing activities planned in the APP.
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RESEARCH DEPARTMENT
Programmes:
For the current financial year Research department has been
focusing on following projects
 Policy briefs/ dialogues
 Report on the monitoring and evaluation of the Victims Charter
(victims charter report)
 Gender barometer- specific focus to be on Provincial and Local
Government tiers
 Monitoring and evaluation of the 365 days action plan
 Building capacity and/ skills
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RESEARCH DEPARTMENT
The Victims Charter Report:
The Department seeks to fulfil CGE’s monitoring and evaluation
responsibilities. In 2004, Cabinet approved the South African Services
Charter for Victims of Crime (normally referred to as the Victims
Charter). The Charter highlights seven rights of victims that have to be
observed. Different government departments had obligations
towards empowerment of victims of violence.
In line with the mandate of the Commission to monitor and evaluate
state organs, the research department monitored implementation of
the Victim’s Charter from gender equality perspective.
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RESEARCH DEPARTMENT
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In the current financial year the Department of Health and
Department of Correctional Services were monitored and
evaluated. It must also be reported that the CGE struggled to get
the necessary permission to carry out its work.
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For the reporting period, the CGE worked on and finalized its plan,
which included but not limited to finalization of instruments utilized,
identification and selection of one stop centres and health facilities
and correctional facilities to be evaluated and commencement of
field work and analysis of data collected.
The draft analysis report highlights the fact that there is lack of
training of health workers on forensic health which helps with
collection of evidence and examination of victims
of violence.
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RESEARCH DEPARTMENT
Gender barometer:
This study entails monitoring and evaluating gender mainstreaming
in the public sector. The focus for this second phase of the study is
Provincial and Local government. The CGE also concentrated on
training stakeholders/departmental personnel to ensure that proper
information is furnished and that the tool is correctly completed.
(The national Report, phase one, some tools were submitted with
incomplete information).
Implementation of the tool has commenced and two departments
(Human Settlement and Public Works and two municipalities have
been evaluated.
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RESEARCH DEPARTMENT
The parties participating in this study were supposed to submit
completed tool by October 2012. It should be noted that this web
based tool is at its teething stage and a number technical and
software problems have been highlighted through various
engagements on the tool. The CGE is concurrently re-designing
the tool so it becomes simpler. The redesigning work will be
finalized in the next quarter.
365 Days Action Plan: The study entails monitoring the
implementation of the 365 days National Action Plan. Similarly as
with the Victims Charter a number of stakeholders, from Public
sector, private sector and civil society had committed to number
objectives. This report was launched during 16 days of Activism.
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9
Summary of Findings
The study revealed that the implementation of 365 Days plan faced
structural and systemic challenges that hindered the implementation of 365
National Action Plan entailed poor planning, lack of coordination and
accountability, capacity issues and that there was confusion in terms of
demarcation of responsibilities among the stakeholders. Although the plan
was costed, there was inadequate state budgetary allocation for the
implementation of the plan as well as for monitoring and evaluation systems.
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CRITICAL LEGISLATIVE IMPERATIVES
Policy Briefs:
For the period under review, the CGE trained and up-skilled Research
Officers on writing policy briefs. Five draft policy briefs focusing on the
following CGE research reports have been developed
 land study,
 widowhood,
 private sector,
 water study and
 Education report
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RESEARCH DEPARTMENT
The policy briefs highlight the findings and recommendations of the above
listed research reports.
The Water Study Policy Brief reveals general failure by the Water Sector to
prioritize gender mainstreaming, in particular a widespread lack of
understanding or knowledge of relevant gender policy and legislation at
local government level.
Education Report reveals that In spite of the 1996 Gender Equity Task Team
(GETT) recommendations, Acts and policies aimed at eliminating gender
discrimination in the education system, indications are clear that the
country is falling short of this realisation. There is a clear need for a Gender
Policy to be formulated by the Department of Education so that there is
uniformity across all provinces and schools in terms of how measures
directed at eliminating gender discrimination are implemented.
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RESEARCH DEPARTMENT
Widowhood study revealed a number of serious issues that require
attention of policy makers both in public and private sector;
There is an urgent need for the review of legislation relevant to
widowhood, including widows’ access to the estate of their diseased
spouses.
There is a need for visibility of support systems and stakeholders that
deal with widowhood so that they can be easily accessible.
Continuous monitoring and evaluation of government’s compliance
to international and regional treaties that protect the rights of widows
is needed,
Widows and widowers need to be engaged in stakeholder discussions
in identifying unconstitutional practices and beliefs that need to be
abolished
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Policy Dialogues
The Department planned to hold dialogues informed by the policy briefs, the
objective of these dialogues is to ensure that findings of previous research
work and related reports are disseminated to policy makers in order to
contribute knowledge towards public policy debates and influence decision
making processes towards promotion of respect and protection of gender
equality.
For the reporting period the department has held 13 dialogues with different
departments. It must be noted that some senior managers have been sending
GFPs to these dialogues which posed a problem as this went against the
objectives of the programme which is targeting policy and/ decision makers.
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LEGAL DEPARTMENT
Traditional Courts Bill
For the period under review the CGE participated in TCB hearings that
were held throughout the country with the objective of participating and
presenting the Commission’s position on this bill as well as to monitor how
the actual process of the hearings were handled.
The department held hearings in the North west Province, as a measure to
engage and consult with various communities in order to ensure that
CGE’s submission is based on the views of the people on the ground.
Inputs in other pieces of legislation
• Women Empowerment and Gender Equality Bill
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LEGAL DEPARTMENT
 Input into CGE Act Amendment
 Green Paper on Families
 Guidelines on Film and Publications Act
 Basic Conditions of Employment Amendment Bill
 Criminal law Amendment Bill (Sexual offences and
Related Matters)
 Labour Relations Amendment Bill
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LEGAL DEPARTMENT
 Gender Transformation Hearings
The CGE convened a hearing with the South African Football
Association (SAFA), to address matters relating to the promotion of
women’s football, and gender transformation within SAFA itself. This
hearing arose from the CGE’s investigation initiated by a complaint
received from the South African Women’s Football Association
(SAWFA).
This complaint raised concerns around recognition of SAWFA’s
membership by SAFA, and inadequate support for women’s football.
Flowing from the hearing, the CGE called upon SAFA to provide
leadership on gender transformation and mainstreaming of gender in
its institutions and programmes.
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LEGAL DEPARTMENT
Provincial Employment Equity Hearings
Mpumalanga and Northern Cape provincial Offices held Employment
Equity hearings where various departments and private companies
were called upon to account on mainstreaming of gender in its
institutions and programmes.
Hearings for other Provinces will be held in the last quarter
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LEGAL DEPARTMENT
Complaints Handled
•For the quarters under review 467 members of the public called and
visited the CGE offices nationally for consultations and lodging of the
complaints. 167 files were closed and/ or finalised in the same period
Litigation
PROVINCE
MATTER
COURT
MPUMALANGA
APPLICATION BY CGE TO BE ADMITTED AS AMICUS IN A HIGH COURT
CHIEFTAIN MATTER
EC
XHOSA LINEAGE
HIGH COURT
WC
MAINTENANCE OF SURVIVING SPOUSE
HIGH COURT
WC
DIVORCE
REGIONAL COURT
WC
UNLAWFUL EVICTION
MAGISTRATE
WC
DOMESTIC VIOLENCE
FAMILY COURT
WC
RAPE
HIGH COURT
NC
HATE SPEECH
EQUALITY COURT
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LEGAL DEPARTMENT
Monitoring International Instruments
The three departments within the commission have formed 3 working
groups to monitor and craft a report on the following instruments
ratified by SA: CEDAW
 BEIJING
 MDGS
The groups have finalised desktop research. This phase entailed
getting information about departments under different articles or
areas of concern. The groups are currently verifying the information
with relevant departments.
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PUBLIC EDUCATION AND INFORMATION DEPARTMENT
Overview
 The CGE runs a series of interventions which includes but not limited
to dialogues, seminars, and information sessions. PEI was involved in
the following interventions for the period under review:
Maternity benefitsThe CGE facilitated a follow-up meeting emanating from national
dialogue in partnership with COSATU on access to maternity benefits
for self-employed women. A number of recommendations were
developed, including but not limited to engaging Women’s Ministry
and the Portfolio Committee on Labour on non ratification of the ILO
Convention on maternity benefits and identification of possible test
cases.
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PUBLIC EDUCATION AND INFORMATION DEPARTMENT
16 Days of Activism activities
 A concept paper was developed to provide guidance to provinces
on activities to undertake for this period. The expected outcomes of
the campaign were to increase awareness on the role and functions
of the Commission; to strengthen partnerships and collaboration with
NGOs, CBOs, FBOs etc.
 Provinces developed calendar of events which emanated from the
concept document.
 4 Provinces held mini-launches of the 365 days NAP report.
 Interventions on LGBTI issues were held.
 Dialogues commemorating World Aids day were also undertaken.
 Some provinces held interventions involving men’s movements on
violence against women.
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PUBLIC EDUCATION AND INFORMATION
UN Unite Campaign
The CGE adopted the UN Unite to end Violence against Women
Campaign.
Training on the Africa Gender and Development Index
The United Nations Economic Commission for Africa(UNECA)
developed the African Gender and Development Index (AGDI) in
response to the challenge African member States face in
implementing gender equality and Women’s empowerment
commitments.
The AGDI aims at measuring the inequality between women and
men in Africa and assess progress made by African governments in
tackling these disparities in line with their national, regional and
international gender equality and women’s empowerment
commitments.
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PUBLIC EDUCATION AND INFORMATION
 PEI arranged training on the AGDI by two UNECA members for
CGE staff members and commissioners on 10-11 December
2012. Stakeholders such as Sonke Gender Justice, StatsSA and
DWCPD were also invited to take part on the training. A full
report on this training is currently being drafted and will be
available in the next quarter.
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PUBLIC EDUCATION AND INFORMATION
Consultative dialogue on sex work
The CGE Research department compiled a draft concept
document on Sex Work with a view to stimulate discussions that
will inform a formal organizational position on Sex
Work/Prostitution. A position paper will be adopted in the 4th
quarter.
A dialogue was hosted by the CGE in collaboration with the
CGE Legal Department where different stakeholders such as
SWEAT, LRC, COSATU, FEDUSA and WLC presented on options
relating to decriminalization, legalizing and criminalization of
sex work with a view to augment the research synthesis
developed.
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PUBLIC EDUCATION AND INFORMATION
CGE-NDI-SA Partnership on Women’s Political Participation Project
The project plan was developed and two sets of tools were
developed and finalized. The CGE’s participation will focus on
facilitating engagements with political parties which will culminate
into a political party assessment dialogue in August 2013.
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PROVINCIAL HIGHLIGHTS
Mpumalanga
The Province held a round table discussion on Women empowerment
in Gutshwa Tribal Authority. This was an initiative where the
department of Rural development and Land Reform was given an
opportunity to engage the community on programmes they are
running that are geared towards women empowerment.
Western Cape
Following the death of a 19 year old black lesbian youth from Phillipi,
Western Cape, the CGE felt the need to contact the family of the
deceased and managed to arrange a memorial service in memory
of Sihle Sikoji on the 11th December 2012. The incident of Hate Crimes
being perpetrated against the LGBTI community is on an increase in
the Province and there is certainly a dire need to focus our PEI
programmes to highlight the plight of LGBTI violence in the Western
Cape and reiterated the need to plough more public awareness and
education initiatives into the public arena in partnership with key
stakeholders.
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PROVINCIAL HIGHLIGHTS
Northern Cape
Employment Equity Hearings were held on 28 and 29 November 2012.
The hearing highlighted gaps on levels and skills of GFPs and
highlighted a need to undertake research on the effective
functioning of the GFPs. This recommendation has been effected into
next financial year’s plan.
Eastern Cape
 The office engaged with the Provincial Legislature with the view to
agree on conducting educational programmes that targets local
municipalities. This was a collaborative initiative by the C9 forum. For
the reporting period two community programmes targeting Mzivubu
and Kouga Local Municipalities.
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PROVINCIAL HIGHLIGHTS
Kwa-Zulu Natal
Ukuthwala
The office had conducted a survey on the State response to
ukuthwala in KZN. This survey was sparked by reports in the areas of
Umzimkhulu, Bergville, Zwelibomvu and KwaMaphumulo; that
ukuthwala of young school going children was very rife.
From the report it became clear that provincial government has not
strategically dealt with ukuthwala and
child marriages. It was also evident that there is a lacuna in
the legislation in relation to ukuthwala.
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ANNUAL PERFORMANCE TRACKING TABLE
CEO Performance table 1 October to 31 December 2012
(3) (5).doc
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STRATEGIC OBJECTIVE 4
Adoption of Terms of Reference for CGE’s Committees
 Section Six Committee
 Educations and Research
 ITC Committee
 Finance Committee
 Strategic Plan and Monitoring and Evaluation
 Human Resources Committee
 Legal Committee
The following Policy documents were drafted and adopted: Handbook for Commissioners
Four plenary meetings were held for the period under review.
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THANK YOU!
DANKIE
SIYABONGA
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