WOMEN'S ANTI-DISCRIMINATION COMMITTEE BEGINS CONSIDERATION OF SOUTH AFRICA'S INITIAL REPORT

Press Release
WOM/1057

WOMEN'S ANTI-DISCRIMINATION COMMITTEE BEGINS CONSIDERATION OF SOUTH AFRICA'S INITIAL REPORT

Despite the legacy of discrimination and underdevelopment of the apartheid regime, South Africa had made significant achievements in promoting the equality of women, the Committee on the Elimination of Discrimination against Women was told this morning, as that country presented its first-ever report.

Virtually all laws that discriminated against women had been repealed, as a first step in countering stereotypes and patriarchy, the Minister of Welfare and Population Development, Geraldine Fraser-Moleketi, told the 23-member expert body, which monitors compliance with the Convention on the Elimination of all Forms of Discrimination against Women. All levels of society were being enlisted in the effort to sensitize decision makers and raise public awareness, she added.

Since the 1994 election, there had been a steady increase in the number of women ministers and deputy ministers in Cabinet. The new Constitution ensured specific provisions for gender equality, affirmative action and freedom and security, largely due to the efforts of women in Parliament.

There remained widespread discrimination against women in South Africa, both in terms of customs and practice, the Committee was told. Violence against women was the greatest obstacle to their enjoyment of the fruits of the new democracy. The prevention of such violence was a priority in the national crime prevention strategy.

Following the introduction of the report, Committee members commended South Africa's efforts to implement gender equality and the role of women were playing in that process. One said this was an historic moment for the country, which could show more "tired" countries a fresh approach to institute principles of freedom and equality. Now was the best chance to entrench provisions of equality in South Africa.

The Committee will meet again at 3 p.m. today, to continue posing questions to the Government of South Africa.

Committee Work Programme

The Committee on the Elimination of Discrimination against Women met this morning to begin considering the initial report of South Africa (document CEDAW/C/ZAF/1), submitted under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women. That article provides for States parties to submit reports on legislative, judicial, administrative and other measures adopted to give effect to the provisions of the Convention. (For background on the session, see Press Release WOM/1053 of 19 June.)

The report, the first since South Africa ratified the Convention in December 1995, points out that, during the apartheid era in South Africa, the struggle against racial discrimination took centre stage. Redressing the deep-seated racial legacies of apartheid remains one of the Government's most daunting challenges. At the same time, it is determined to continue a parallel struggle for gender equality. Despite impressive representation in the Parliament, power relations that prevent women from leading productive and fulfilling lives operate from the domestic to the highest public level. The battle must be waged on many fronts: despite legislative changes that grant women equality, traditions and customary law hold sway in many rural areas.

Noting the statement of a judge of the Constitutional Court that "one of the few profoundly non-racial institutions of South Africa is patriarchy", the report observes that all women in the country have experienced discrimination at some stage of their lives. Black women have suffered on numerous counts, and the plight of those in rural and other disadvantaged areas is especially severe. Special emphasis has been placed in government policies and programmes on reaching those women who have been most marginalized.

Since South Africa held its first democratic elections in 1994, a number of laws have been reviewed in an effort to expunge discrimination from the statute books, the report continues. Efforts are being made to ensure that gender is taken into account in all new legislation, such as that relating to land tenure. The new Constitution of South Africa, which came into effect in February 1997, provides for affirmative action, and the Public Service has set transformation targets that include race and gender. Equal opportunity legislation soon to be enacted will oblige both public and private sectors to work towards a more representative labour force.

The new Constitution entrenched equality firmly into the country's value system, the report goes on. The founding provisions, set out in Chapter 1, assert that the democratic State is founded on the values of human dignity, the achievement of equality and advancement of human rights and freedoms, and on non-racialism and non-sexism. Among the important clauses of the Constitution for the advancement of gender equality is the equality clause in the Bill of Rights, which says that the State may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race,

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gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.

The Constitution also states that where there is a conflict between customary law and the Constitution, the Constitution will take precedence, the report says. There are many areas where such conflicts exist. Under customary law, for example, a widow has no right of inheritance from her husband. A relative of the husband -- usually a brother -- becomes the guardian of both the wife and the children; widows undergo a purification ritual and are then eligible to be married by the husband's relative. Widowers are not treated in the same way.

According to the report, many of the legislative changes have come about as a result of pressure from women parliamentarians and members of provincial legislatures. Partly because of a one-third quota for women by the ruling African National Congress in the 1994 elections, women constitute approximately a quarter of law makers both at national and provincial levels. Women also constitute 30 per cent of ministers and deputy ministers. South Africa is now among the top 10 countries in the world in terms of the representation of women, but some of that fervour has begun to taper off. There are suggestions that many women parliamentarians will not run for a second term, and that different electoral arrangements in 1999 may not be as favourable to women as in the first democratic elections.

The report says that an Office on the Status of Women (OSW) has been established in the Deputy President's Office, and provincial OSWs have been or are being established in most provinces. Those structures will coordinate gender units in all government departments, at national and provincial levels.

The Department of Land Affairs, for example, has identified as discriminatory laws such as the Natal Code of Zulu Law, which states that all women are perpetual minors and that married women are the subjects of their husbands. In drafting its land reform policy, the Department has attempted to give women security and equal rights with men regarding ownership, control and use of land. The Communal Property Associations Act (1996) provides for communal tenure in accordance with the principles of democracy, accountability and equality.

In terms of accelerating de facto equality between men and women, the report cites examples, such as the setting of a target figure of 30 per cent female new recruits to middle and senior management echelons in the public sector, where affirmative action programmes have also been introduced. Improvements in areas such as pension contributions and employment conditions have been made, although women are still disadvantaged in many areas, including child care. In the private sector, in mid-1997, 88 directorships of companies listed on the Johannesburg Stock Exchange were held by women, more than double

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the figure from a year before. However, 68 of those directorships were held by white women. And women still accounted for under 5 per cent of all directors of listed companies.

The report notes that similar gender patterns as those seen around the world are exacerbated by racial discrimination and disadvantage, which sees black women generally occupying the least prestigious and lowest paid positions. The Department of Labour's Green Paper on Employment and Occupational Equity proposes legislation which would promote greater representation of those disadvantaged by race, gender or disability, and would outlaw any discrimination in the workplace. The proposed legislation will cover both public and private sector employment.

The Constitution provides for an independent Commission on Gender Equality, which reports to the Parliament, the report goes on. The Commission, which began work in April 1997, is responsible for advocating and overseeing the advancement of gender equality in both the public and private sectors. The Commission also faces the enormous challenge of mobilizing public opinion around the many aspects of gender discrimination which stem from custom, tradition and religion -- practices and beliefs that seldom respond only to legislative reform.

The report quoted a 1994 market research survey, which stated that while more than 90 per cent of respondents agreed women should be paid equally and have equal employment rights, only 76 per cent felt women had a right to say no to sex. Only 66 per cent of respondents felt that "some parts of traditional culture should be changed to allow women the same rights as men", and 10 per cent condoned a man beating a woman. The director of the company that conducted the survey noted that it reflected only urban, "and hence probably more liberal views".

In some traditional rural societies, women are forced into a submissive position where they have little or no control over their own lives or bodies, the report continued. They are seen as the property of their husbands, fathers or sons. They are expected to bear and raise children, and confine themselves to matters of the household. The traditional practice of Lobola (bridewealth) was originally a way of bonding two families, but many women in South Africa feel men exploit the tradition by insisting on marital fidelity for women but not for men.

According to the report, the pass laws and homeland system of apartheid, designed to create a pool of male black labour for the white farms, mines and factories, left women to fend for themselves in the impoverished and largely rural homelands. Passports were also frequently denied as part of the suppression of those who opposed apartheid. The new South African Constitution provides that all citizens are equally entitled to the rights, privileges and benefits of citizenship, and equally subject to the duties and responsibilities of citizenship. The South African Citizenship Act (1995) confirms the citizenship of people resident in the former homeland areas. The South African Passports

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and Travel Documents Act (1994) confers on each South African the right to a passport, and women have equal rights with men regarding the acquisition, change or retention of their nationalities. Citizenship is determined by birth or parentage, and a mother's citizenship carries equal weight with that of a father.

A key contributing factor to women's inability to overcome poverty is lack of access to, and rights in, land, the report says. For women, discriminatory customary law and social practices add to the racial inequities experienced by black men. Legal restrictions also impede women's access to land and the financial services to develop it. The Land Reform Programme is in its early stages, and as yet has had no significant impact on the situation of rural women, but aspects of the programme, such as a provision for communal tenure, are specifically designed to give women equal rights.

A special sub-directorate of the Department of Land Affairs is working on developing policy guidelines to facilitate women's participation in land reform, the report continues. Their policy framework is in line with the Government's commitments to the platform of the Fourth World Conference on Women in Beijing in 1995. This called for legislative and administrative measures to give women and men equal rights to economic resources, including access to ownership and control over land and other properties, credit facilities, natural resources and appropriate supporting technology.

Apartheid has also left a legacy in education, says the report. Only 6 per cent of African women and men 20 years and older have graduated from tertiary institutions, and the percentage of men with university degrees is higher than that of women. Twenty per cent of African women and 14 per cent of African men have no formal schooling at all.

The report notes that a Gender Equity Task Team was established in 1996 to advise the Department of Education on the establishment of a permanent Gender Unit in the Department. It also advises on: means of correcting gender imbalances in enrolment, drop-out, subject choice, career paths and performance; guidelines to address sexism in curricula, textbooks, teaching and guidance; affirmative action strategies for increasing the representation of women in professional leadership and management positions; and strategies, including legislation, to counter and eliminate sexism, sexual harassment and violence throughout the education system.

Violence against women is a major problem in South Africa, according to the report. The country has a high incidence of all forms of violent crime, including gender violence, which affects women of all races, classes and ages, in rural and urban areas. The high levels of violence are, in part, a reflection of the state of conflict and deprivation that the country has experienced. The seriousness of the issue is widely recognized in Government and by the general public. In 1997, violence against women was added as one of

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the priority crimes under the National Crime Prevention Strategy. Nevertheless, the rates of reported rape, sexual abuse of children and domestic violence continue to rise. Domestic violence is still not included as a defined violent crime, and there are many institutional and other barriers to measuring the prevalence of the different forms of gender violence.

The new Constitution contains a clause on freedom and security of the person, which states that everyone has the right to "bodily and psychological integrity". This includes the right to make decisions concerning reproduction, and to security and control over one's body. In practice, however, despite such legal protection, those who are violated often face further problems in their treatment. In many cases, the problems are a result of the attitudes and prejudices of law enforcement agencies and other government personnel. In other cases, they are a result of the inaccessibility of services, particularly in rural areas.

The report concludes that South Africa has come a long way in the short time since the negotiation of the interim and new constitutions. The Government is aware of both the achievements and the many inequities and challenges that remain. It also recognizes that addressing the many areas of gender inequity requires not only the simple removal of gender discrimination, but also positive and proactive action. Changing laws and policies is not enough; action is needed to ensure that progressive laws and policies do not remain on paper, but are translated into real change on the ground.

Introduction of Report

GERALDINE FRASER-MOLEKETI, Minister of Welfare and Population Development, introduced the report of South Africa. She said the oppressive apartheid regime had left a legacy of underdevelopment, the magnitude of which was just starting to be appreciated. In the stark picture of the legacy of discriminatory practices of the previous Government, it was quite clear that race, geographic location and gender were the main determinants of who was poor.

Sixty-one per cent of Africans lived under conditions of abject poverty, while only 1 per cent of whites were poor, she said. Ninety-five per cent of all reported rapes were of African women. It was within such circumstances that the South African Government had to address the empowerment of women, which remained high on the national agenda, despite all the challenges facing the Government.

She said the Government had set up various institutions in the country to work towards equal rights for women. It had adopted a multi-pronged approach to gender mainstreaming, one that would utilize and create structures at all levels of society. Such structures included the OSW, the Committee on the Quality of Life and Status of Women, the Commission on Gender Equality,

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and the Human Rights Commission. The OSW worked at national and provincial levels.

On article 1, which defined discrimination, the Constitution of South Africa had entrenched equality even more firmly in the country's value system, she said. The founding provisions assert that the democratic State was founded on values of human dignity, the achievement of equality and the advancement of human rights and freedoms, and non-racialism and non-sexism. The Constitution also stated that "Any international agreement becomes law in the Republic when it is enacted into law by national legislation..." and "When interpreting any legislation, every court must prefer any reasonable interpretation of legislation that is consistent with international law..."

On articles 2 and 3, relating to the elimination of discrimination and the advancement of women, the Government had repealed many discriminatory laws, and continued to review existing legislation, she said. It had also adopted a National Framework for a Plan of Action on Human Rights. The OSW had just drafted a policy on women's empowerment and gender equality. That policy took a basic needs approach on the premise that the majority of women lived below the poverty line.

On article 4, on accelerating de facto equality, she said the Constitution allowed for special measures to be taken to correct past imbalances. Many departments had set internal targets to accelerate the entry of women into the public service. One of the post-1994 Government's foremost tasks had been to transform the public service into an efficient and effective instrument capable of delivering equitable services to all citizens, and of driving the country's economic and social development. However, the Government had inherited a public service characterized by ineffectiveness, unfair discrimination and division.

Turning to article 5, dealing with sex roles and stereotypes, she said patriarchy was deeply embedded in the customs, cultures and religions of all South Africans. It is not surprising that stereotypes abound in the country's language, education system, media, popular culture and everyday practices. The national machinery, however, is mandated to transform the attitudes of the nation. The Office on the Status of Women has begun a programme of sensitization of political heads and senior managers, including provincial managers. Efforts are also under way to address the problem in education and the media.

Under article 6, on the suppression of the exploitation of women, she said the Sexual Offences Act of 1957 makes prostitution, any involvement in a brothel, and the exploitation of and traffic in women an offence in the country. Recent media and police records reflected a disturbing increase in reports of sexual abuse of children. During 1995, and 1996, official reports of sexual crimes against children suggested an increase in rape (38 per cent), sodomy (35 per cent), and incest (15 per cent).

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South Africa's initial country report on the Convention on the Rights of the Child expressed concern with the apparent increase in the commercial sexual exploitation of children. Following South Africa's participation in the First World Congress against the Commercial Sexual Exploitation of Children in 1996, the Department of Welfare is heading a team to develop a plan of action against such sexual exploitation. It would include the establishment of a register of sexual offenders against children.

On article 7, on political and public life, she said that in the 1994 election, the adoption of a quota by the now ruling African National Congress had led to a dramatic change in the representation of women in Parliament, although women were still underrepresented in other areas of public life. The impact of women had been significant. For example, in the Constitutional Assembly, women had ensured the inclusion of specific provisions for gender equality, affirmative action and freedom and security. There had also been a steady increase in the number of women ministers and deputy ministers in the Cabinet. On a local government level, the figures for representation of women were lower, but still compared well with global statistics.

On article 8, which deals with international representation and participation, she said that South Africa participated in five United Nations bodies concerned with the empowerment of women. As for representation of the country abroad, during the last Government, women had played a secondary role. That had changed dramatically since 1994. Fourteen of 92 (15 per cent) foreign missions were currently headed by women, and eight of those placements were in "Group of 7" countries.

On article 9, dealing with nationality, she said that South Africa's report dealt in detail with the impact of the pass laws and influx control regulations of the apartheid era on black South Africans. Turning to article 10, on education, she said that prior to 1994, the education system in South Africa had been divided along racial lines. It deficiencies, particularly for women, had left their mark, and the country faced a major challenge in overcoming them.

The national education policy called for a curriculum in which all learners should be able to choose the subjects they would study, she continued. However, school cultural practices presented barriers to an increase in the number of girls in subjects and courses such as science, mathematics, engineering, woodwork and technical drawing. The National Qualifications Framework had developed new learning areas with guidelines designed to address social and cultural patterns that lead to discrimination and to stereotyped roles for women and men.

On article 11, which covered employment, she said that, as in other countries, South African women were concentrated in certain sectors of the economy, in particular the community, social and personal services sector -- many women were domestic workers -- and in wholesale or retail trade, catering

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and accommodation services, and in manufacturing. Only 3 per cent of all South African women recorded as working were classified as managers.

The Basic Conditions of Employment Bill of 1997 addressed the special needs of pregnant, lactating and disabled women by preventing dismissal or denial of employment on such grounds, and extended protection to workers in part-time or non-permanent jobs, she said. The Department of Labour's current five-year programme included the elimination of racial and gender imbalances in work places throughout the economy.

On article 12, on equality in access to health care, she said there were still severe imbalances. The country report covered areas that were pertinent to women, such as the major causes of female deaths, rates for maternal deaths related to childbirth, life expectancy and fertility rates. Tuberculosis remained a serious public health problem in South Africa, accounting for over 80 per cent of all reported notifiable diseases in 1995, and the overall tuberculosis incidence rate was estimated at 239 per 100,000 women. A national tuberculosis register had been introduced under the South African Tuberculosis Programme.

In the South African HIV/AIDS epidemic, it was predominantly those in heterosexual relationships who were infected, she said. More women than men were affected. The latest survey by the Department of Health, conducted in late 1996, found that an average of 14 per cent of all pregnant women attending antenatal clinics to be HIV positive. There had also been a significant increase in the incidence of HIV/AIDS in 12 to 14 year-olds. The deep concern and political will to address the HIV/AIDS epidemic was reflected in the establishment of the Cabinet Committee on HIV/AIDS, chaired by the Deputy President.

Turning to article 13, on economic and social benefits, she said that South Africa had made major strides in transforming its social security system. For a new democracy facing competing priorities, South Africa had identified the provision of assistance to poor families as a critical area of concern.

Turning to article 14 on special help for rural women, she said women and children dominated the population in the poverty-stricken rural areas. A key contributing factor to women's inability to overcome poverty in rural areas is the lack of access and rights to land. The South African Government has introduced a comprehensive land reform programme. The Land Reform Gender Policy is in line with the 1995 Beijing Platform, which required states to take legislative and administrative measures to give women and men equal rights to economic resources, including access to ownership and control over land and other properties, credit facilities, natural resources, and appropriate supporting technologies.

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The new definition of farmer was altered to make specific reference to women, she continued. In addition, the principles of agricultural policy were examined to ensure that they were both gender-sensitive and non- discriminatory. The subjugation of women farm workers is being addressed in draft legislation, despite strong opposition from commercial farmers. Anecdotal evidence suggests that maternal mortality is higher for women in rural areas from pregnancy-related causes and that services were either not readily available or virtually non-existent in some areas. The clinic building programme, the free primary health-care programme, health education and the reorientation of health workers are all initiatives which should assist in addressing obstacles.

Addressing article 15 on equality before the law and civil matters, she said that virtually all laws that had discriminated against women have been removed from the statute books. The general Fourth Amendment Act of 1993 removed the last vestiges of such statutory provisions and the South African Law Commission was looking into residual discriminatory laws. Women generally experienced more obstacles than men in accessing justice and legal services. As the poorest in society, women -- particularly black women -- experience numerous barriers in accessing legal services. A special gender fund has been set aside by the Legal Aid Board to address the problem. The Justice Vision 2000, a five-year national strategy for transforming the administration of justice, acknowledged the peculiar circumstances of women, their vulnerable categories, and identified a number of strategic interventions to respond to their needs.

Turning to article 16, on equality in marriage and family life, she said that marital patterns reflected the country's cultural patterns. Customary, Muslim, Hindu and other types of marriages enjoyed limited recognition. In addition to the perpetual minority position that women were subjected to under Customary Law, women were also subjected to the husband's marital power. There had been virtually no safeguards to protect women from being impoverished by a husband's alienation, spousal maintenance was not clarified and child maintenance was dealt with in an unsatisfactory manner, she said.

Recent law reform initiatives included recognition of Customary marriages and seeks to achieve equality between men and women with regard to status, contractual capacity and administration of joint property, she said. Positive measures have also been adopted in respect of power imbalances, especially in the area of domestic violence. On the issue of parental rights, the law places primacy on the best interest of the child, irrespective of the kind of marriage; maintenance laws and administration were being overhauled to improve substantive law. Remaining challenges included proprietary rights in religious and de facto marriages.

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She then turned to general recommendations on articles 12 and 19, gender-based violence against women. The Constitution guarantees the right to freedom and security of the person, including the right to be free from all forms of violence from public or private sources. It further guarantees the right to physical and psychological integrity. South Africa considers its achievements to date to include the enabling constitutional framework and its commitment to implementing human rights norms.

Preventing violence against women is a key area of the national draft plan of action being developed, she said. Aspects of violence against women are integrated into civil laws, such as the family violence act. However, the general legal system was inadequate to deal with the phenomenon. The Government recognizes violence as the greatest obstacle to women's enjoyment of the fruits of the new democracy, and it gives prevention of violence against women a priority matter in the national crime prevention strategy. Challenges which remain in the effort to prevent that violence, include gaps in law and policy; institutional and administrative gaps; attitudes; and inadequate monitoring and accountability.

The country is currently working on increasing protection through a number of means, including provision of free services, protection from stalking and redefining crimes such as rape. Policy initiatives include the development and implementation in 1997 of guidelines for handling victims of sexual offenses. Improving service delivery is an area in need of urgent attention, she noted. Pretrial services are available and witness friendly courts are being developed, structured to protect privacy and provide counselling. The effort to transform attitudes is twofold, targeting both service providers and the broader public.

There is still discrimination against women in South Africa, both in terms of law and practice, but the country is determined to change this fact, first and foremost by bringing the country's legislation in line with the Convention. The country's Constitution is a victory for the women of South Africa, since in the absence of a legislative framework, no amount of good will will create gender equality. Focussing also on providing services to improve the quality of life of every woman in all parts of the country, South Africa is determined to meet its international obligations.

General Comments by Experts

The Committee's Chairperson said the high-level delegation, consisting of governmental and non-governmental representatives, indicated South Africa's commitment to the Convention. Further, it was apparent that the report was the result of tremendous efforts and input from experts. She appreciated the fact that the report had been forwarded with a letter from President Nelson Mandela.

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An expert applauded the role of the women in South Africa in bringing that country to its current status. Several commended the interest in the Convention exhibited by Government and civil society actors; this had been apparent even prior to ratification. An expert noted with appreciation that the national machinery for women was highly positioned within the Government, and expressed the hope that the provincial offices had been established, in light of the importance of the grassroots in a decentralized government.

The Commission on Gender Equality was a model body, she said. It was accountable directly to the Parliament and thus able to function independently. She suggested that such a structure be established in all countries in the African subregion. The Commission should be given the funds it required and efforts to obtain statistical information separated by sex should be enhanced.

Another expert commended the tremendous efforts that South Africa was making to redress the effects of apartheid. However, much remained to be done. That was only to be expected as the country was having to "start from scratch". There was a chronic level of unemployment, and a high incidence of rape -- particularly of young girls. She wanted to know why such offenses were so prevalent.

She complimented South Africa for having written its Constitution in plain and non-sexist language, and for having it translated into all the languages of the country, and even into Braille. She noted with concern the practices of Customary laws in the country, and applauded the efforts by the Government to discourage such practices.

An expert said the political will to transform the status of women clearly existed in South Africa, and women were playing an active role in that transformation. Their involvement was courageous and heroic. The report had provided a long series of thought provoking observations, highlighting the frankness of the Government and its resolve to integrate gender equality into all aspects of life and legislation. She wanted to know how provisions for gender equality would be monitored and verified. She asked for more insight into the authorities and powers of the national machinery of the Government that was charged with drafting and implementing policies of gender equality. Specific measures were being introduced, but the overall policy of the machinery had not been made clear. She also asked how effective the machinery was in the provinces.

Another expert commended the unique Constitution and the supportive legislation framework. She wanted to know about budgetary allocation for the national machinery on equality, and whether those involved in the machinery had been adequately trained to develop and implement policies. Were there overlapping aspects of the national machinery? The high rates of violence against women was a cause for concern. There were reports from various other

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sources on the persistence of such violence in South Africa. She also wanted to know why the white paper on education had not been effective yet in terms of eliminating the stereotyping of women in school textbooks.

Comments on Specific Articles

On article 2, which deals with legal and administrative measures undertaken to eliminate discrimination, an expert said the initial report from South Africa and its presentation was exciting. It was a historic moment for the country, which should be able to show more "tired" countries a fresh approach that could be taken to institute the principles of freedom and equality.

She said she was not entirely clear about the relationship between the Constitution and other legislative measures that were being taken. It was important now to specifically lay down an official description of gender discrimination, when there was a unique opportunity to entrench gender equality. It would greatly benefit South African women to be able to use such a definition, especially in local courts and tribunals. The Constitutional Court would be completely inaccessible to most women for everyday concerns.

In drafting a definition of gender discrimination, the expert recommended that the Government look to article 1 of the Convention, for inspiration. However, with its forward-looking approach, she was sure that the Government of South Africa would be able to improve on that definition. Changes to laws and legislation was the easy part, she said, the difficult part was going to be the implementation of equality. Now was the best chance to entrench provisions of equality in South Africa: 10 or 20 years from now, the country would not still have such a fresh approach.

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