UPR Sexual Rights Database

Stakeholder Summary:
Para 13) SAHRC noted progress in addressing HIV/AIDS, in line with UPR recommendations 12, 13 and 14. In April 2010, a new AIDS treatment policy and awareness campaign had been launched. As part of the campaign, 14 million people had been counselled and over 13.5 million tested for HIV, which represented a six-fold increase in the number of people tested over the previous year. Those found HIV-positive were referred for further support and care. However, although South Africa had a large antiretroviral therapy (ARV) programme, access to treatment was still a challenge. At the end of 2009, an estimated 37 per cent of all infected persons were receiving treatment.

National Report Annex 1:
To reduce HIV infections among the youth, specific interventions have been integrated in broader programmes in the context of the National HIV/AIDS Strategic Plan. Specifically, a Youth and Adolescent Friendly Health Services (YFS) programme is being implemented in all primary health facilities. This programme ensures that youth friendly services are provided.

Significant financial support is provided to NGOs and numerous youth friendly initiatives to enhance youth friendly HIV prevention messages through media such as radio, television. These programmes have successfully reached large sectors of the youth.

The Department of Health and the Department of Basic Education, with the Department of Social Development have developed an Integrated School Health Policy and Implementation Plan. This programme will proactively use disease prevention strategies at school through screening for common problems.

Rural areas and informal settlements have been prioritised for the deployment of the Primary Health Care teams, the poorest districts have been prioritised with respect to strengthening school health teams and the worst performing districts with respect to maternal and child health outcomes have been prioritised with respect to deployment of the clinical specialist teams. It should be noted that the major contributor to poor maternal and child health is HIV.

UN Compilation:
Para 48) CEDAW noted with deep concern that South Africa continued to face a serious HIV/AIDS epidemic, and that women and girls were disproportionately affected. It was also concerned about the prevalence of HIV-related stigma, which places women living with HIV at risk of being subjected to violence and discrimination. It called on South Africa to ensure the implementation of the Maternal Child and Women's Health Strategy (2009-2014); and to take sustained measures to address the impact of HIV/AIDS on women and girls.

Stakeholder Summary:
Para 13) SAHRC noted progress in addressing HIV/AIDS, in line with UPR recommendations 12, 13 and 14. In April 2010, a new AIDS treatment policy and awareness campaign had been launched. As part of the campaign, 14 million people had been counselled and over 13.5 million tested for HIV, which represented a six-fold increase in the number of people tested over the previous year. Those found HIV-positive were referred for further support and care. However, although South Africa had a large antiretroviral therapy (ARV) programme, access to treatment was still a challenge. At the end of 2009, an estimated 37 per cent of all infected persons were receiving treatment.

Para 25) JS1 commended the Government for working with civil society to create a platform for children and youth to provide input into the new National Strategic Plan on HIV and AIDS (2012-2016). This addressed UPR recommendations made in 2008.

National Report Annex:
NO IMPLEMENTATION
The Bill has lapsed.

UN Compilation:
Para 51) The country team reported that the Women’s Empowerment and Gender Equality Bill had not been enacted following a decision by Government to review the implementation of existing legislation.

Stakeholder Summary:
Para 66) DOI noted the Women’s Empowerment and Gender Equality Bill had been withdrawn.

National Report Annex:
FULL IMPLEMENTATION

In order to improve handling of rape cases by Police the SAPS makes use of specialized investigative units called Family Violence, Child Protection and Sexual Offences Units (FCS). FCS investigators receive specialised training in dealing with sexual offences investigations and cases involving children addition to training as investigators. SAPS has developed the Human Rights in Policing Learning Programmes and has been conducting training on same from 1998 to all law enforcement officials.

The SAPS has developed National Instructions on the Domestic Violence Act and the Criminal Law (Sexual Offences and Related Matters) Amendment Act in order to provide clear policy directives for the police in support of members to improve service delivery to victims. The NPA (facilitated by SOCA), in line with Act 32 of 2007 also developed directives for prosecutors on how best to deal with sexual offences in the criminal justice system.

Capacity building and training of the SAPS members is an on-going process commencing in basic training. The SAPS engages in public awareness and education campaigns with the purpose of creating a greater awareness of the relevant legislation and government‘s commitment to eradicating violence.

Resourcing and establishing victim-friendly rooms at police service points are on-going. There are currently more than 900 Victim Friendly Facilities rendering victim support services in place and it is envisaged that this will be rolled out to all police stations.

South Africa has dedicated sexual offences courts. These dedicated services use intermediaries, audio-visual equipment and specialised training, among other measures. The NPA’s Sexual Offences and Community Affairs (SOCA) Unit developed comprehensive training manuals which are updated annually to be in line with the latest developments in law for specialist prosecutors and also an integrated training manual for stakeholders at our TCCs.

A National Task Team (“NTT”) was established by the Department of Justice and Constitutional Development (DoJ&CD) to counter the continued discrimination based on sexual orientation and gender identity against members of the LGBTI community. The DoJ&CD launched the National LGBTI Programme and issued terms of reference for a National Intervention Strategy to address violence based on gender and sexual orientation. The DoJ&CD also issued terms of reference for the rapid response team to fast track cases in the criminal justice system in a bid to endorse the government’s commitment to combat discrimination against LGBTI persons.
When the NTT was re-established in May 2013, the DoJ&CD together with representatives from National Human Rights Institutions and civil society organisations set out to achieve a number of tasks. These included, amongst others, to develop a National Intervention Strategy to respond to, and prevent, gender and sexual orientation-based violent crimes perpetrated against LGBTI persons and to develop an Inter-sectoral Implementation Plan. The NTT undertook to strengthen government’s ability to respond to LGBTI needs and to strengthen the capacity of CSOs to deliver related services.

The DoJ&CD has developed the Prevention and Combating of Hate Crimes and Hate Speech Bill. Cabinet in October 2016 approved the publication for public comment of the Bill. The Bill creates the offences of hate crimes and hate speech and seeks to put in place measures to prevent and combat these offences. A hate crime is committed if a person commits any recognised offence, that is a common law or statutory offence (referred to as the “base crime or offence”) and the commission of that offence is motivated by unlawful bias, prejudice or intolerance.

The prejudice, bias or intolerance towards the victim of the hate crime would be because of one or more of the following characteristics, or perceived characteristics, of the victim or the victim’s next of kin: Race, gender, sex, ethnic or social origin, colour, sexual orientation, religion, belief, culture, language, birth, HIV status, nationality, gender identity, intersex, albinism and occupation or trade.

The draft NAP and the accompanying consultations around the country have also raised awareness.

Attempts have also been made to increase awareness of the Equality Courts, which hear cases of discrimination.

The National Task Team is driven and guided by the Constitution which promises equality and dignity on the basis of sexual orientation.

An inter-sectoral communication plan outlining a number of public education and communication initiatives has also been developed. This seeks to popularise inter-sectorial interventions aimed at addressing the violence committed against LGBTI persons, to promote partnerships amongst government, civil society, business and the media in the fight against gender based violence and to encourage communities to report these crimes. A television advert was made to convey a national message to South Africans to promote equality, dignity and freedom protected under the Constitution. The television advert was first flighted during the launch of the LGBTI Programme in April 2014. With SABC, 13 million people were reached through the LGBTI TV advert, a further 10 million people through eTV and community radio reached a further 6.1 million people.