ANNUAL REPORT 2009/2010 COMMISSION FOR GENDER EQUALITY 27 OCTOBER

CGE MANDATE Constitution of SA: In terms of Section 187 of the Constitution of SA, CGE was created to strengthen and deepen constitutional democracy in South Africa. The Commission on Gender Equality Act 39 of 1996: Charges the CGE with a mandate to promote respect for, as well as promote the protection, development and attainment of gender equality. PEPUDA Act 4 of 2000: Obligates the CGE to institute proceedings of unfair discrimination on the grounds of gender 2

EXECUTION OF THE MANDATE Monitor Investigate Research Educate Lobby Advise Parliament and report on issues concerning gender equality To influence legislation & policies to be gender sensitive by responding to all legislations and relevant policy To monitor compliance to international, regional instruments To strengthen outreach services 3

INTERNAL & EXTERNAL CHALLENGES INTERNALEXTERNAL Lack Continuity- New Commissioners/Perspectives Commissioners Vacancies/Legal requirement in terms of law Structure Financial Resources Limited in turn impacts on Human Resource Capacity IT Infrastructure Lack of cooperation to CGE’s monitoring role from stakeholders Limited Budget/Resources Public Perceptions NGO’s competitiveness CGE Graded lower than all C9’s 4

ORGANISATIONAL CONCERNS & OPPORTUNITIES CONCERNSOPPORTUNITIES Limited Resources Lack of Cooperation from Government- CGE projects CGE presents reports to Parliament and limited actions/follow up Public Perceptions Lack of understanding CGE’s Mandate9service delivery issues PEPUDA- No budget allocation Set Budget from Treasury Donor Funding Presence in all Provinces & Collaborative work with stakeholders including C9’s CGE’s Mandate- Constitutional Independence Ability to influence Legislation Extensive Knowledge on Gender Issues Recognition by International Bodies Strategic Review underway 5

SERVICE DELIVERY PERFORMANCE INFORMATION The CGE through its operational departments have managed to achieve most of its pre-determined objectives. 3 Key Operational Departments are; Public Education & Information Legal Services Research 6

SERVICE DELIVERY PERFORMANCE INFORMATION-PEI THEMEECFSGPKZNLIMMPNCNWWCTOTAL Gender- based Violence (8) Gender and Poverty (11 ) Gender Democrac y and Good Governan ce (7) Gender Culture Religion and Tradition (7) Gender HIV and AID S (4) (NGM )(4) Total (41)

SERVICE DELIVERY PERFORMANCE INFORMATION-PEI 8

SERVICE DELIVERY PERFORMANCE INFORMATION-PEI HIGHLIGHTS National Office held a Women and the Media Dialogue during the month of October This was a collaborative seminar with Media and Diversity Development Agency (MDDA) and the South African Broadcasting Corporation (SABC). Two working groups have been established to prepare reports on the country’s compliance with the international instruments, namely the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Beijing Declaration and Platform for Action. The working groups comprise officers from the Research, Legal and PEI Departments. The two reports will be available in the 2010/11 financial year. 9

SERVICE DELIVERY PERFORMANCE INFORMATION-PEI HIGHLIGHTS The Eastern Cape office headed a consortium of the Commission, SAHRC, UNPFA, National Prosecuting Authority (NPA) and OPP. The prime purpose of the established consortium was the development of material that would be used in their interventions in fighting against forced marriages, Ukhutwala. 16 days of activism Interventions during this period focused on the impact that GBV has on the increased number of HIV infections as well as increases in rape and sexual assault incidents. Other interventions focused on men, masculinities and gender-based violence as well as possible increase of violent incidents during the FIFA World Cup. 10

PEI CONT… The Kwazulu-Natal office: Harmful Cultural Practices Three practices discussed at the dialogues were virginity testing, ukuthwala and male initiation. The dialogues discussed whether traditional practices still hold relevance and whether these practices are indeed being undertaken within the ambit of culture. Also for consideration: these traditional and/or cultural practices to take cognizance of the Constitution and the Bill of Rights. Maternity Benefits spearheaded two pilot consultative workshops on Maternity Benefits for Self-Employed Women. The workshops were held on 18 and 20 August 2009 in Stanger and Durban respectively. A diverse group of working women gathered at both workshops to dialogue and debate the issues with the campaign team and to deliberate on the policy gap and the practical impact on working women. 11

PEI CONT…… The Mpumalanga office: Men against violence hosted a men’s seminar on issues of gender based violence at White River on 26 November 2009 followed by a men’s march on 27 November

MEDIA & COMMUNICATIONS Support for line departments by printing reports and pamphlets 40 media coverage or interventions were made for the year under review addressing or looking into issues ranging from and not limited to:  CGE’s mandate  Forced marriages  Sex work  Human trafficking  Maternity benefits  Gender & Elections  GBV Interviews were mainly conducted with National and Community based radio stations. 13

SERVICE DELIVERY PERFORMANCE INFORMATION- LEGAL DEPARTMENT HIGHLIGHTS OF COMPLAINTS Chieftaincy cases SAWFA Estate Matter- Recognition of Customary Marriages & Interstate of Succession COURT MONITORING For the year under review, 16 cases were monitored countrywide. The purpose of monitoring was to ascertain the courts functionality. PUBLIC HEARINGS The Legal Department participated in 10 public hearings organised by parliament. The Public hearings held were on the Traditional Courts Bill 14

LEGAL CONT…. PARLIAMENTARY LIASON SUBMISSIONS 12 Submissions were made to Bills before Parliament including draft bills likely to affect Women. Issues covered included and not limited to:  Human Trafficking  Customary Marriages  Domestic Violence  Adult Prostitution  Protection against Harassment and  Expansion of the CGE mandate to assist citizens in foreign jurisdictions. 15

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SERVICE DELIVERY –PERFORMANCE INFORMATION- RESEARCH DEPARTMENT Thematic AreaTarget as per POA 2009/2010Actual Achieved Gender-Based Violence (GBV) Sex Work Concept Paper. Literature review. Victims Charter Report Completed Poverty Land distribution/socio-economic rights access- Gendered Analysis of Land Reform Policy and Implementation outcome in South Africa. Completed & Presented to National Department Culture, Religion and Tradition Concept Paper development; Ukuthwala; Virginity Testing and Female Genital Mutilation. Traditional courts desk top study on best practice, international conventions etc. to produce research report. Concept Paper completed. HIV and AIDS CGE assesses policy and implementation terms, the extent to which the Broad Framework for HIV, AIDS and STI Strategic Plan for South Africa reduces women’s and girls’ vulnerability to HIV and AIDS. Completed Democracy and Good Governance (D&GG) Employment Equity -Complete Gender Equity in the Private Sector Study finalised, presented to EE Commission Gender Barometer report and web-based tool. Launch of the Gender Barometer with national government institutions. Information sessions held with a sample of 15 government departments identified to participate in the pilot project. Monitor the 2009 national and provincial elections Tools developed. Monitoring of elections has taken place. Study completed in all provinces of the Republic of South Africa, and presented to IEC Gender and Media Dialogue Seminar report produced: Transformation, Gender and the Media Dialogue. Monitoring of Government Departments National- 17 Provincial

SERVICE DELIVERY HIGHLIGHTS Beijing Project CEDAW Project CSW Seminar Report Internal Staff Training on International Instruments Elections Monitoring & Dialogue Reports Parliamentary Submissions Identification- Reservation in Terms of AU Protocol Ratification of SADC Protocol Ukhutwala in Eastern Cape Petition in KZN- Manyiseni Matter Maternity Benefits Project Land Study Report 18

SERVICE DELIVERY –PERFORMANCE INFORMATION- VARIANCES CGE fleet was grounded from May to 14 August POA was circulated 24 June 2009 to provinces and roll-out commenced almost into the 2 nd quarter Capacity in terms of the vacancy rate had a major impact on implementation. Concerted effort was made to execute the activities but as mentioned lack of capacity and overall late roll out of POA had impacted on implementation. Specific activities were done at national level and not at provinces, but was in the POA to be rolled out to provinces. In relation to cultural practices were expected to be executed, but could not due to provincial dynamics not all provinces have similar practices. There have been limitations in terms of data required to finalise the projects as government departments responses are very slow at times no responses are received. CGE needs to develop a strategy to ensure governments compliance to request for data. 19

RE-ENGINEERING ROAD MAP ACTIVITYACTIONS/TIMEFRAME Implementation of Turn Around Strategy Phase 1- Complete- Short Term Phase 2- In Process- Medium Term Strategic ReviewPhase1- In Process: Consultation & Drafting Phase 2- Restructuring Phase 3- Implementation of new strategy 20

THANK YOU!!! 21