UPR Sexual Rights Database

National Report Annex:
PARTIAL IMPLEMENTATION

The Department of Housing has taken significant steps in addressing the inequalities that existed in the past as a result of race and gender discrimination. Various regulatory measures have been put in place to encourage financial institutions to extend credit to historically disadvantaged groups. One of these measures was the Home Loan and Mortgage Disclosure Act, 2000 which sought to encourage financial institutions to provide credit to help historically disadvantaged persons to acquire housing. This complements the program on low-cost housing program (Redistribution and Development Program (RDP- housing Scheme) which was introduced in 1994, it affords those without homes access to free houses given to unemployed and indigent persons. Priority is given to women headed households.

South Africa adopted the following strategies and programmes to ensure the enjoyment of cultural, economic and social rights of its citizens, especially vulnerable groups, including women, children, the elderly, the minorities and persons with disabilities:
i)MZANSI GOLDEN ECONOMY STRATEGY
The Department of arts and culture (DAC) is currently implementing the Mzansi Golden Economy (MGE) strategy which was launched in 2011. The objective of the strategy amongst others is to increase the proportion of arts, culture and heritage practitioner in the workforce of South Africa and to create jobs. As part of the implementation of the strategy, the DAC also ensures that women, youth and people with disabilities play a bigger role towards the DAC achieving its objective
ii)ARTS ACCESS IN CORRECTIONAL SERVICES
The DAC is working with the Department of Correctional Services (DCS), to mainstream the Arts Access Programme in Correctional Services into the work of their respective departments in order to coordinate and manage their impact on the Arts Access Programme in Correctional Services. The programme aims to promote Arts, Culture and Heritage participation in Correctional Facilities (marginal group), to empower the offenders in the arts which have the potential for self-sustainability post-incarceration and rehabilitation while under correctional supervision and to focus in particular on youth, women and people with disabilities
iii)ARTS ACCESS IN SCHOOLS
In conjunction with the Department of Basic Education (DBE), the DAC works to contribute to the Arts, Culture and Heritage content to be included in the DBE curriculum (e.g. Curriculum Assessment Policy Statement (CAPS) and assist in providing relevant resource materials for educators to be able to implement the curriculum effectively thus supporting the school enrichment and mass participation cultural programmes.

National Report Annex:
FULL IMPLEMENTATION

The Domestic Violence Act, 1998 (Act 116 of 1998 provides sanctions against domestic violence.

Key law reforms undertaken to address gender and sexual violence:
• Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007;
• Protection from Harassment Act, 2011 (Act 17 of 2011);
• Prevention and Combating of Trafficking in Persons Act, 2013; and
• Prohibition and Prevention of Torture Act, 2013.
The conviction rate relating to sexual offences in 2014/15 stood at 69%; and in the first quarter 71.1% conviction rate.

A number of new policy frameworks were also introduced and implemented, including the Child Justice National Policy Framework, the Restorative Justice National Policy Framework (including forming linkages with traditional justice), the Social Crime Prevention Strategy and the Diversion Accreditation Framework. Government has also adopted a Plan of Action to combat violence against women and children.

The DoJ&CD keeps national statistics of domestic violence matters through the Integrated Case Management System (ICMS). This statistics provides monthly data on all forms of abuse recorded at our courts in terms of the Domestic Violence Act. The ICMS is periodically upgraded to improve data quality.

Since 2013, sexual offences courts were re-established. In the quest to reduce secondary victimization, 55 Thuthuzela Care Centres were established. In 2011 the UN Secretary-General recognised these centres as a “world best practice model” in the field of gender violence management and response. The South African Police Services has established the Family Violence, Child Protection and Sexual Offences Units in order to provide victim friendly services to victims of gender based violence.

The Department of Social Development has trained victim empowerment service providers in all nine provinces. Six Khuseleka One Stop Centres which provide integrated victim empowerment services have been established. The Department established 84 shelters for abused women and 201 white doors (centres of hope) for victims of gender based violence in different provinces.

A 24 hour Gender Based Violence Command Call Centre has been established. The call centre handles 1500 calls a day and these calls are handled by 40 social workers. The centre has won a number of international awards. Our 365 Days Campaign (which grew from the initial 16 Days of Activism for No Violence against Women and Children, held during November/December) has mobilized all sectors of society. This strategy is aimed at mobilizing men and boys to become part of the solution in eradicating violence against women.

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.

Chapter 6 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007) provides for the comprehensive process regarding the National Register for Sex Offenders (NRSO). Section 50 (1) (i) of the Act provides for the persons whose names must be included in the NRSO, which will be any person that has been convicted of a sexual offence against a child or a person who is mentally disabled. The aim is to prevent registered sex offenders from working or operating at environments that will expose them to these victims and from becoming foster parents, kinship caregivers, temporary safe caregiver, adoptive parents or curators, unless they receive a clearance certificate from the NRSO.

The Police have training programmes on ensuring the respect of the human rights when conducting investigations, including the issue of sensitivity regarding cases relating to women as victims. The SAPS has a policy which was developed and put into implementation by its National Commissioner to ensure that members render a professional service to victims in respect of the investigation of offences that affect women and to assist victims in this regard. It also provides for information that must be provided to a victim in respect of available services; including HIV testing.

A National Department of Women, located in the Presidency, was established with the necessary dedicated human and financial resources to fulfil its core mandate to ensure effective implementation of initiatives related to the advancement of women and gender equality.

Although this is the core mandate of the Department of Women, all other national and provincial departments have a mandate to implement policies, legislative measures and campaigns to advance gender equality. These include:
• Campaigns during 16 Days of Activism for No Violence against Women and Children, held during November/December annually, contribute to the fight against violence against women.
• Campaign at higher institutions of learning to curb sexual violence,
• Gender inequality of women and girls with disabilities are recognized at legislative level as corroborated by the provisions of section 9(2) (e) of the National Sport and Recreation Act, 1998 (Act No. 110 of 1998 as amended) (hereinafter referred to as “the Act”) which provide that Sport and Recreation South Africa must ensure that women, the youth attending school and those who are no longer attending school, the disabled, senior citizens and neglected rural areas, receive priority regarding programmes for development and the delivery of sport and recreation.
• In recent years, sport has been recognized as a powerful tool through which gender inequality, at the root of Gender Based Violence (GBV), can be effectively addressed. To explore this role of sport and to initiate actions in this regard, Sport and Recreation South Africa, as Chair of the United Nation’s Sport for Development and Peace International Working Group (SDP IWG), prepared a framework for further discussion. This draft framework was approved by the Executive Board in New York on 7 June 2013. After expert presentations and group discussions, the thematic meeting agreed on a set of eight policy recommendations to governments for addressing GBV in and through sport.
Together these comprehensively form part of the 365 days programme of action.

Over the past year, this campaign reached the different sectors of South African society through consultations and engagements with FBOs, Media houses, Trade Unions, Sports fraternity, Private sector and Civil Society Organisations including the Men’s Sector. The aim of the engagements was to work towards a mind-set shift in society from violence against women and children as a government or criminal justice problem towards realising that it is very much a societal problem. In order to make #365 Days of Activism Campaign real, on the 25th of November 2016, the President launched the National Dialogues at Lebowakgomo in Limpopo province. The dialogues will be rolled-out into all Provinces and held in all District Municipalities. Towards this end, Government is seeking to use the community dialogue approach to engage with communities who experience violence both as victims or members of the family of victims. The dialogues are aimed at unravelling the root causes why violence against women is not abating despite an unprecedented body of laws in the country and some of the world’s best-model institutional mechanisms in place.

To give effect to the Department’s focus on accelerating women’s socio-economic development and advancement of gender equality through the implementation of gender mainstreaming across government, a refinement of accountability for gender mainstreaming and Gender Focal Points in terms of location, competencies, reporting lines and strategic role in the promotion of gender mainstreaming across the work of government is being tabled at Cabinet. This proposal seeks to reinforce the Constitutional mandate to promote and protect women’s rights, as well as the approach of the National Development Plan on advancing and empowering women. The National Planning Commission Diagnostic Report indicated that many women continue to experience discrimination, poverty, domestic violence, rape, various other forms of abuse and poor health in the country. The approach of gender mainstreaming is seen as significant in addressing the full and effective implementation of legislation, policies and programmes towards redressing these challenges faced by women. Tools that will effectively drive this approach are thus imperative in efforts towards improving the lives of women and their families, and in ensuring that women are empowered, advanced and developed for their own self-reliance.

Stakeholder Summary:
Para 69) ERI noted that police reportedly often refused to open cases of domestic abuse. JS6 indicated that despite efforts made, studies continued to note persistent problems with the police management of cases of sexual offences including refusal to accept rape complaints.

National Report Annex:
IN THE PROCESS OF IMPLEMENTATION

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.

Nationality, gender identity, HIV status, albinism, intersex and occupation or trade are not mentioned in section 9(3) of our Constitution - but it has been argued that they should be included in the Bill because of the hate crimes that have been committed on the basis of these grounds.

National Report:
Para 47) To deal with the challenges of HIV and the wide-ranging impacts of AIDS, the Government has adopted a multi-sectoral approach. During 2011, the South African National AIDS Council, in which Government, business, labour and civil society are represented, reviewed the implementation of these strategic plans and developed a comprehensive prevention, care and treatment programme for the next five-year plan (for the period 2012–2016).

Para 48) South Africa has the largest ARV therapy programme in the world, today. At the end of March 2016, there were 3 407 336 clients remaining on antiretroviral therapy (ART). Prevention is the mainstay of efforts to combat HIV and AIDS. Since the HIV Counselling and Testing (HCT) campaign was introduced in 2010, over 44 million people have been tested. A total of 11,898,308 people between the ages of 15 and 49 years were tested, exceeding the annual target of 10 million for the financial year 2015/16.

National Report Annex:
PARTIAL IMPLEMENTATION

By 2010, South Africa had made significant progress in achieving universal access to treatment for HIV/AIDS by those who need it. The proportion of eligible adults and children receiving antiretroviral therapy (ART) leapt from 58.3% in 2010, to 75.2% in 2011 and ART coverage for HIV positive pregnant women also leapt from 87.3% to 99%. In 2013, 2.3 million South Africans were on antiretroviral treatment making it the largest programme in the world.

Also note that The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 lists the following grounds where discrimination is prohibited: race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. HIV/AIDS has been added as a prohibited ground against which there may not be discriminated.

Evidence suggests that persons living with HIV/AIDS face discrimination and stigmatization and current legal recourse is often not sufficient. This amendment will go a long way to protect persons living with HIV/AIDS. The inclusion of HIV/AIDS status will result in greater access to equality courts, as a claimant would only have to prove that there was discrimination on the basis of HIV/AIDS status. The person accused of discriminating would then have to prove that the discrimination was fair. The proposed amendment will thus assist in developing a human rights approach in accordance with international precedents.

Stakeholder Summary:
Para 6) SAHRC welcomed the reinstatement of the specialised Family Violence, Child Protection and Sexual Offences Unit in 2011, but noted that measures to protect and provide redress to women at risk of, or subjected to gender-based violence needed to be strengthened. Perpetrators needed to be held to account and training be provided to police and the judiciary.