THE BUSINESSWOMEN’S ASSOCIATION OF SOUTH AFRICA A platform for the inspiration and empowerment of women Submission to Portfolio Committee of Women, Children & People with Disabilities January 2014

SUBMISSION ON WOMEN EMPOWERMENT AND GENDER EQUALITY BILL To Portfolio Committee of Women, Children and People with Disabilities January 2014 Submission to Portfolio Committee of Women, Children & People with Disabilities January 2014

The Businesswomen’s Association of South Africa  The voice for women in business in South Africa  In existence for 30 years  Support Women Entrepreneurs growth and development  Subscribe to the UN Women Empowerment Principles to ensure women participate fully in economic life throughout all sectors in order to build strong economies, stable and just societies and achieve internationally agreed goals for development, sustainability and human rights.  Run programmes and initiatives to measure, advocate and promote participation of women in mainstream economy  Reach of over women in business  Members include entrepreneurs, corporate members, professionals and senior decision makers Submission to Portfolio Committee of Women, Children & People with Disabilities January 2014

Overarching views on the WEGE Bill  Wholeheartedly support the principles and objectives underlying the Bill  Bill will require a number of changes in order to be effective in providing women with the opportunity to participate equally in our society and our economy:  Bill should be effective, targeted and focused on gaps in the current legislative framework  Bill should give effect to the Constitutional right to gender equality though clear measures which are resourced and capable of enforcement Submission to Portfolio Committee of Women, Children & People with Disabilities January 2014

UN Women’s Empowerment Principles Good guidance on comprehensive framework is available via the UN Principles which South Africa has endorsed:  Leadership promotes gender equality  Equal opportunity, inclusion and non-discrimination  Health, safety and freedom from violence  Education and training  Enterprise Development, supply chain and marketing practices  Community leadership and engagement  Transparency, measuring and reporting Submission to Portfolio Committee of Women, Children & People with Disabilities January 2014

Function of the Bill should rather be:  Provide clear and progressive measures on enterprise development, supply chain and marketing practices, starting in the public sector.  Setting enabling provisions for the development of guiding principles /code of good practice on women empowerment in community leadership and engagement.  Providing a framework for implementation, and establishing the enabling provisions for resources to support the implementation of existing rights on equal opportunity, inclusion and non-discrimination; health, safety and freedom from violence; and education and training for women and girls e.g.  protocols for SAPS in cases of violence against women and girls, or  support to Department of Labour on gender equality measures and awareness  Establishing concise efficient and effective measuring and reporting mechanisms on gender equality and empowerment. Submission to Portfolio Committee of Women, Children & People with Disabilities January 2014

General Comments on the Bill  Bill should be Constitutional:  It should not contradict the Constitution  It should not seek to supersede other laws of national application which are of equal force and effect  It should address gaps, rather than duplicate existing legal rights  Bill should clearly set out rights and obligations and specify which body is obliged to comply  Bill should seek to make incremental progress, focusing first on areas of greatest need such as :  women enterprise and supply chain development  Mobilise resources for existing provisions to improve safety and freedom from violence for women and girls  Streamlined monitoring and reporting obligations  Enforcement clear and well resourced Submission to Portfolio Committee of Women, Children & People with Disabilities January 2014

Specific Comments on the Bill Submission to Portfolio Committee of Women, Children & People with Disabilities January 2014

Definitions, Applications, Objectives s1 – s3  Recommend that there be no definition of ‘discrimination’  Correct definition of substantive equality  Remove the provision of ‘designation’ and specify which entities are responsible for complying with the Bill. This will provide the required certainty to make the Bill constitutionally compliant.  Currently, paragraphs s3 (b), (d), (e) and (f) apply to undefined ‘designated’ bodies. Submission to Portfolio Committee of Women, Children & People with Disabilities January 2014

Education and Training s4  Designated bodies - application not clear  Rather specify which bodies must comply  Requires compliance with unspecified international legislation and agreements which are undefined – impossible to hold implementing bodies to account.  Rather specify the provisions to be applied  Specific provisions are required to enhance public education and awareness on gender equality and empowerment Submission to Portfolio Committee of Women, Children & People with Disabilities January 2014

Health and Public Education s5 –s6  Designated bodies - application not clear  Rather specify which bodies must comply  Provisions to submit plans and measures are vague  Rather provide for guidelines / code on plans and measures  Ensure that the Department is resourced to give effect to the clarified provisions  Compliance with unspecified international legislation and agreements is required  Rather specify the provisions to be applied Submission to Portfolio Committee of Women, Children & People with Disabilities January 2014

Equal Representation and Empowerment s7  Progressive realisation of a minimum of 50% representation is not Constitutional, not related to the pool of women available and willing women  Contradicts Employment Equity and B-BBEE legislation which strive for demographic representation relative to the economically active population  Seeks to trump other law by stating that this applies despite any other law  Rather provide for substantive equality and equal opportunity  Reflect the Constitutional right in s22  Do not establish numeric targets and seek to override other national legislation  Provisions to submit plans and measures vague  Rather provide for guidelines / code of good practice on what is required  Designated bodies - application not clear  Rather specify which bodies must comply Submission to Portfolio Committee of Women, Children & People with Disabilities January 2014

Gender Mainstreaming, Eliminate Discrimination s8 – s9  Both s8 and s9 apply to designated bodies - application not clear  Rather specify which bodies must comply  S8 requires submission of plans and reports  Rather provide for codes / guidelines on what is required  Provides for a minimum of 50% representation  Rather provide substantive right to equal opportunity relative to the available pool of women  S9 attempts to supersede other legislation which it cannot do  Obligations to develop, implement plans, strategies policies and programmes lack detail for implementation  Rather set out obligations in code / guidelines Submission to Portfolio Committee of Women, Children & People with Disabilities January 2014

Economic Empowerment s10  This provision is of critical importance, yet lacks substantive obligations  Provide specific obligations on enterprise development, supply chain (marketing practices may be already catered for)  Consider provisions, in conjunction with Preferential Procurement Policy Framework Act (PPPFA) for public sector obligations  Targets do not relate to group demographics and substantive equality  Remove reference to targets of a minimum of 50%  No detail is provided as to the content of plans  Specify what must be planned via a code / guidelines Submission to Portfolio Committee of Women, Children & People with Disabilities January 2014

Socio-Economic Empowerment s11-12  This section lacks substance and is vague.  Provide clarity through clear, unambiguous obligations  Enforcement provisions on the submission of plans are vague and potentially contradictory with other laws on traditional and religious practices (protected by the Constitution)  Refrain from duplicating and contradicting other national legislation  Implement measures to deal with conflicts between gender equality and empowerment and other Constitutional rights to culture and religion.  Designated bodies - application not clear  Rather specify which bodies must comply Submission to Portfolio Committee of Women, Children & People with Disabilities January 2014

Governance, Enforcement Codes & Regulations and Miscellaneous s13-20  Resources to implement and enforce (s13 and s16) & Representative Stakeholder Bodies to consult on codes, regulations and frameworks to be issued by the Department (s17-19), are not provided for in the Bill  Specify accountability and funding to enforce these provisions  Provide for a tripartite + institutional body (or refer to an existing body that already has this mandate such as the Gender Equality Commission) to discharge some of the obligations in the Bill so as to enhance credibility.  Sections 14 and 16 lack substance and clarity, providing for dispute resolution as a first step, but with no indication of what happens thereafter  Specify clear steps for enforcement and consequences of non-compliance.  Delegation of powers by the Minister (s20) to any official in the Department are far to extensive and contrary to accountability principles  Delegation should be limited and should not be below the level of the DDG. Submission to Portfolio Committee of Women, Children & People with Disabilities January 2014

In Conclusion Submission to Portfolio Committee of Women, Children & People with Disabilities January 2014

To improve the Bill, the following is required:  International obligations and instruments must be included directly into the text if they are applicable.  Designated bodies should be defined Bill.  The formulation of targets should reflect substantive equality, with due regard to the demographics of the relevant pool of people, individual preference and freedom of choice.  Planning, reporting and monitoring provisions should be streamlined and consolidated so that they can be used effectively for quantitative and qualitative monitoring and with minimal regulatory burden.  Resourcing, enforcement and consequences for non-compliance should be clarified and strengthened to achieve the objectives of the Bill.  All duplication with other existing laws should be removed.  All contradictions with Constitutional rights should be removed.  Aggregate the available data on women in business to provide a common and evidence-based picture on their circumstances Submission to Portfolio Committee of Women, Children & People with Disabilities January 2014

Recommended Way Forward The Bill should be re-formulated and submitted to NEDLAC with a focus on critical targeted areas pertaining to:  Enterprise development, supply chain and marketing practices, starting in the public sector  Setting enabling provisions for guiding principles / codes of good practice on community leadership and engagement  Provide frameworks for implementation, representation and resources to support implementation of existing rights on equal opportunity, inclusion and non-discrimination, education and training and most importantly, health, safety and freedom from violence for women.  Establishing concise, efficient, and effective measuring and reporting mechanisms. We are committed to supporting the process of improving the Bill so that it supports the women empowerment and gender equality to the fullest extent possible. Submission to Portfolio Committee of Women, Children & People with Disabilities January 2014

Thank You Submission to Portfolio Committee of Women, Children & People with Disabilities January 2014