1. Submission to the Portfolio Committee on Women Children and People with Disabilities on the Women’s Empowerment and Gender Equality Bill Samantha Waterhouse Community Law Centre, University of the Western Cape

2. Endorsements (25 +2) Africaid TrustOpen Democracy Advice Centre Childline South AfricaThohoyandou Victim Empowerment Project – TVEP Triangle ProjectRefugee Social Services Centre for Law and Society, UCTTeddy Bear Clinic Sonke Gender Justice NetworkShukumisa Campaign De Heide Children’s Empowerment CentreSisters Incorporated GRIP – Rape Intervention ProjectWomen and Men Against Child Abuse Gender Equity Unit, UWCSt. Anne’s Homes Gender Health and Justice Research Unit, UCT Resources Aimed at the Prevention of Child Abuse and Neglect Her Rights InitiativeOxfam in South Africa MOSAIC – Training, Service and Healing Centre for Women Western Cape Women’s Shelter Movement National Shelter MovementAmanda Gouws – Commissioner, CGE NICROBenita Moolman Nisaa – Institute for Women’s Development

3. Introduction Welcome efforts to promote women’s empowerment and gender equality – intent of the Bill – Note developments over the past 20 years However, overall, in its current form the bill will not achieve what is needed at this time – Agree with some aspects but these tend to lack substance – Bill fails to address key issues NOT already covered in law – Duplicates some existing law (amend and implement) – Analysis of and response to drivers of inequality is poor – Except regarding equality in employment, fails to address implementation of existing law Bill does not address the needs of majority of women We need much more

4. Situation of women in SA Initiatives and laws are not resulting in change Need a much stronger intervention from government and civil society – to do something differently – Violence and access to justice – Education (policies and practices) – Land tenure – Access to ECD and childcare (Multiple roles of women) – Quotas in existing laws Some women experience greater discrimination than others (intersectionality) – Black women, women with disabilities, poverty, economic class, refugee women, rural women, gender non-conforming, sex workers

5. Patriarchy and Misogyny At the core of the deep inequality and disempowerment of women in every setting. – Vexes implementation of existing laws – Fuels discrimination in all settings, violence, access to justice, inheritance, land etc. We’re not meeting our international obligations No programmes in place to challenge patriarchy Weak reference to this in the bill Will require responses besides the bill Need leadership: Develop programme of action on this – Big task – Requires time and resources – Need complex responses, led by government partnership with civil society

6. Limitations This bill’s main impact would be on women in formal employment in senior positions. – How will it address working class and unemployed women? Contains many clauses that touch on a number of critical areas, yet these clauses: (p10 submission) – Duplicate or lack substance Need: – clear targets, intervention plans, timeframes, monitoring and reporting, human and financial resources Vagueness of provisions, weak enforcement and ‘progressive realisation’ signal bill as aspirational

7. Need more than a new law Comprehensive audit to address gaps in current legislative and policy framework in all areas of women’s lives, substantial process: – Assess where the failures of implementation lie – Assess budgets and spending – Assess accountability mechanisms The bill starts to address workplace equity laws, but doesn’t address the weak implementation of these to date Clause 9(4)(c)(ii) is insufficient in this regard

8. Monitoring and Reporting Monitoring is undermined by lack of information Requirements for reporting to minister in this bill are supported Need to stipulate reporting to legislatures too Reporting requirements must extend beyond the limited issues raised in this bill to all law, policy and programmes regarding women’s lives Clear and detailed reporting requirements should be developed All department annual reports must follow these

9. Budgets and resourcing Change for >50% of the population WILL cost more Overall lack of provisioning, inadequate costing and sourcing in all laws, policies and programmes Even this bill will cost more then suggested – Relates NOT only to DWCPD – Relates NOT only to gender focal points in other departments If the measures contained in this bill, let alone other legislation are to be achieved, they too require budgets (they have not been thought through) Mandatory women’s budgets across all departments needed

10. Enforcement Extremely weak in this bill Extremely weak in respect of most legislation relating to women

11. Definitions Lesbian, Gay, Bisexual, Transgendered and Intersex people (gender non-conforming) excluded Intersectionalities (except rural women and women with disabilities) not addressed.

12. Education and Training for implementation This would cost money across departments Current efforts are poor or nonexistent Departments need targets in terms of numbers and quality of training Public education on rights and duties is almost non-existant In addition to training, need strong accountability and monitoring systems and mechanisms for complaint.

13. Equal representation and participation These clauses have value, but they – Duplicate existing frameworks – Only relate to women in senior positions

14. Gender mainstreaming and units Clause 8, regarding measures to promote mainstreaming are promising – But it’s discretional (‘may’ should be ‘must’) Some positive change in GFP position to senior level – level should be stipulated Will this work better than before? Depends on the regulations………. We need GFPs at local level offices, municipalities etc (also relatively senior) Without budgets for the various programmes (not just the position) GFPs won’t have any impact on women’s lives

15. National Gender Machinery Changes over the years lead to duplications Need clear framework for the NGM components Include role and resourcing in terms of civil society organisations

16. Conclusion Support efforts to improve circumstances of women The bill in this form, will not achieve this This is a large, complex and long term task Consultations with women across the country – Ensuring meaningful participation, especially of women that face multiple discriminations – Provincial hearings an opportunity, question is HOW this will be done?