Making Women’s Charters in Egypt and South Africa – part 2

 


August is Women’s Month in South Africa. The biggest non-scandal that escaped mention in both the Women’s Day speeches of the president and the deputy president is not simply the oppressive social conditions imposed on women, but the fact that it is getting worse. The Tshwaranang Legal Advocacy Centre to End Violence Against Women reports that this year, while gender based violence rises steadily, just 8% of monitored police stations complied with their obligations under the Domestic Violence Act. In 2007 compliance had stood at 57%. Maternal deaths during childbirth now stand at 625 per 100,000 – four times the number it was at in 1990; during the same period the much poorer Sub-Saharan African region as a whole reduced maternal mortality rates by a quarter!

Two recent comprehensive assessments of gender inequality bear out this picture. The United Nations Committee on the   Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) had its 48thsession from 17 January to 4 February this year. Three organisations – People Opposing Women Abuse, Centre for the Study of Violence and Reconciliation and the Western Cape Network on Violence Against Women – together submitted a shadow report on the implementation of CEDAW. The authors of the report assess South Africa’s performance by systematically measuring the social position of women against all the articles of CEDAW using the latest data. Their findings cannot be ignored, except by presidents and deputies with selfish agendas. On legal equality the shadow report says, ‘Whilst the State has embedded the right to gender equality in the Constitution, the legislature and executive have failed to fully honour their resultant constitutional obligations.’ But the main failure is with regard to the central demand of the Women’s Charter for real, effective equality. The report laments that ‘there is a systemic failure to effectively translate these laws into meaningful change in women’s lives.’ It then identifies a strong trend towards ‘a consistent failure to move effectively from de jure to de facto enjoyment and realisation of the rights in question.’

The second comprehensive assessment was released last year by the statutory Commission for Gender Equality (CGE) as a report entitled ‘What gets measured, gets done’ – A gendered review of South Africa’s implementation of the Millennium Development Goals. It should be more difficult to ignore watchdog bodies appointed by the constitution rather than civil society ones, but so far the government has done so with ease. Their motivation must be that, if anything, the CGE report is even more scathing than that of the three civil society groups. After documenting in detail how spectacularly South Africa is failing to come even close to achieving the Millennium Development Goals for women, the commissioner overseeing this review writes, ‘Despite Constitutional guarantees underpinned by groundbreaking legislative provisions, and gains on the front of political representation, access to equality and justice, and freedom from discrimination remain a pipe dream for the majority of women.’ Both the stipulations of CEDAW and the Millennium Development Goals are much more moderate than the demands of the Women’s Charter for Effective Equality and the manner in which this society is not making progress on achieving the first two means it is moving away rather than towards effective equality.

So, yes, this is where South Africa is at. For the majority of women, freedom, justice, equality or just some peace is a ‘pipe dream,’ which the Merriam-Webster dictionary defines as an ‘illusory or fantastic plan, hope or story.’ Why?

 

(This post originally appeared here. Thanks to Ronald for the collaboration!)

(Photo Credit: Commission for Gender Equality)

Instead of Women’s Day, What About Women’s Enjoyment of Freedom Day?

 


In South Africa, August 9 is National Women’s Day, and August is Women’s Month. This August, the Tshwaranang Legal Advocacy Centre, a South African women’s rights and well-being organization has a simple and direct question for everyone, “So just how real are women’s rights?”

They began, publically, to answer that question yesterday, August 11, with a new report, “The Right & The Real: A Shadow Report Analysing Selected Government Departments’ Implementation of the 1998 Domestic Violence Act and 2007 Sexual Offences Act”. On one hand, the answer paints a dismal picture. Only 8% of police stations meet their obligations under the Domestic Violence Act. Compliance would include helping a victim to find shelter and obtain medical assistance, serving notice on an abuser to appear in court, arresting an abuser who breaks a protection order, and, critically, keeping records of domestic violence. Failure to comply means misconduct, and should result in various forms of sanction and punishment. It hasn’t. Police stations ignore their responsibilities with impunity.

In 2007, 57% of police stations were compliant. Now … less than 8%. That’s not a drop, not even a steep drop. That’s a nose dive.

The report focuses on the failure of the South African Police Services and the Department of Justice and Constitutional Development (which includes National Prosecuting Authority), as well as the Departments of Health, Social Development and Correctional Services. The press has covered this failure as a failure to protect women and women’s rights, which it certainly is.

But Tshwaranang’s analysis goes far beyond the failure to protect.

The real of women’s rights is more than, bigger than, and more profound than “protection”. The real of women’s rights is freedom, and specifically the enjoyment of freedom:

“South Africa’s Constitutional Court makes it clear that, `few things can be more important to women than freedom from the threat of sexual violence.’ So important is this right to be free from all forms of violence that, along with the rights to life and dignity, it imposes two sorts of duties on the state: the first obliging the state to refrain from acting in ways that infringe on these rights, and the second compelling it to develop legislation and structures guaranteeing those rights….It is not only sexual violence that constitutes a rights violation of the sort requiring state intervention: `Indeed, the state is under a series of constitutional mandates which include the obligation to deal with domestic violence: to protect both the rights of everyone to enjoy freedom and security of the person and to bodily and psychological integrity, and the right to have their dignity respected and protected, as well as the defensive rights of everyone not to be subjected to torture in any way and not to be treated or punished in a cruel, inhuman or degrading way.”

Imagine a South Africa in which all women are free to move around as they please, dressed as they please. Imagine a world in which all women are free to move around as they please, dressed as they please. Imagine a world in which democracy means the enjoyment of freedom. Instead of celebrating Women’s Day, what about Women’s Enjoyment of Freedom Day?

 

(Photo credit: Halden Krog / Times Live)