EXPERT MEMBERS OF WOMEN'S ANTI-DISCRIMINATION COMMITTEE DISCUSS SOUTH AFRICA'S REPORT, EXPRESS SPECIAL CONCERN

24 June 1998

Press Release
WOM/1058

EXPERT MEMBERS OF WOMEN'S ANTI-DISCRIMINATION COMMITTEE DISCUSS SOUTH AFRICA'S REPORT, EXPRESS SPECIAL CONCERN

19980624 Regarding Violence against Women and Plight of Rural Women

Violence against women was a grave concern in South Africa, yet the country lacked specific measures to combat the phenomenon, the Committee on the Elimination of Discrimination against Women was told this afternoon by one of its expert members. A number of social factors caused such violence; these must be addressed through policies designed to change fundamental attitudes. Social education and sensitization were necessary, as was increasing women's awareness of their rights, experts said.

As it continued its consideration of South Africa's initial report on efforts to implement the Convention on Elimination of All Forms of Discrimination against Women, the 23-member expert body expressed a wide range of comments and concerns.

South Africa was a new democratic society, and could not support the weight of anachronisms, one expert said. The Constitution recognized religions and customs as well as the equality of women. However, sometimes these principles were contradictory. How would such potential discrepancies be approached? she asked.

Experts also stressed the need for addressing the plight of rural women, who comprised a large segment of the country's population, and had suffered discrimination on many fronts -- as members of the rural poor, as women and as blacks. Rural women were the most marginalized of marginalized groups, they said.

While the Government had formulated a land reform programme, legislation alone was not enough, experts cautioned. Local chiefs could perpetuate the patriarchal system and rural women themselves were largely ignorant of the land reform programme.

Responding to the comments, the representative of South Africa thanked the experts for their efforts and emphasised that her country was only in its fourth year of democratic governance.

The Committee will meet again at 10 a.m. on Monday, 29 June, to continue its consideration of Slovakia's initial report. It was scheduled to hear replies to questions posed by Committee members at an earlier meeting.

Committee Work Programme

The Committee on the Elimination of Discrimination against Women met this afternoon to continue its consideration of South Africa's initial report on efforts to implement the Convention. The Committee's 23 members -- experts serving in their individual capacities -- monitor implementation of the Convention on the Elimination of All Forms of Discrimination against Women.

(For details on South Africa's report and presentation, see Press Release WOM/1057 of 24 June.)

Comments on Specific Articles

Continuing the discussion begun at the morning meeting on article 2 of the Convention, legal and administrative measures to eliminate discrimination, an expert asked about the relationship between the Constitution and national legislation. She noted that there were provisions in the Convention which had not yet been incorporated into national law and that there were still discriminatory laws in existence. How had priorities been set? she asked.

Moving then to article 3, on measures to ensure the development of women and basic rights on an equal basis with men, experts also asked about the existence of an office for filing complaints and whether an existing ombudsman's office was to be expanded. Experts also asked about South Africa's national machinery for women. It was noted that often such bodies were not given adequate resources to perform effectively and the view was expressed that it was important to allocate sufficient resources from the start, since that often set the standard for future budgets. Also, links must be established between central and grass-roots levels.

On article 4, temporary measures to accelerate de facto equality between men and women, experts stressed the importance of quotas, particularly when there had long been discrimination against a particular group. While quotas had been used to increase women's participation in politics, affirmative action must be backed by a support system for the beneficiaries, without which there was often a backlash. Did such a system exist, an expert asked. There was also need to ensure that affirmative action was properly understood. It was always a temporary measure, and that should be crystal clear. She hoped the African National Congress would continue to implement the same quota system in the coming elections.

Quotas in working life were often more controversial than those used in politics, it was noted. Still, such measures could be extremely useful. For example, the Government could agree that bodies dealing with business life or other matters must consist of at least 40 per cent of both sexes. That practice could facilitate women receiving decision-making positions later.

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On article 5, dealing with social and cultural patterns that lead to discrimination and to stereotyped roles for men and women, and the responsibility of both men and women for raising children, several of the experts said there was not enough information in the report on programmes to deal with the widespread violence against women. One of the experts said the Government was doing a lot to combat violence in general; South Africa had one of the highest incidences of violence in the world. However there did not seem to be specific measures reported to combat violence against women. Are there programmes in place to support violated women, and are there programmes to train police and medical personnel to deal with victims of rape and other violent acts against women?

One of the experts said that in the report there was data on different factors or elements in the social model that influenced violence against women. There was clear talk of chauvinism and patriarchy, but what policies were being implemented to change those attitudes? There did not seem to be a holistic plan to combat violence against women. There were no services provided in the judicial system to prosecute perpetrators of domestic violence, although it seemed there would soon be a law adopted that would penalize that crime. Is there a national policy on violence against women? A plan of action had been mentioned, but would it really address the problem.

Social education is also important, she added. In some other countries, there is a certain amount of education within the family, addressed, for example, to little boys who are not aware that men and women are of equal value. Had the Government tried to carry out such programmes in order to raise awareness? She also wanted to know if there is a provision for social training, so that everyone would understand their obligations.

Another expert said the Commission on Gender Equality was undertaking one of the most important, but one of the most difficult tasks, as South Africa was a multi-racial, multi-religious and "multi-traditional" society. She asked whether the Commission would have the authority to impose changes or modernization of religious or customary practices in the country. South Africa is a new democratic society, and could not support the weight of anachronisms. There could be a problem in overcoming such anachronisms, however, as the Constitution recognized the religions and customs of the population. Sometimes the principles of equality for women were contrary to religious and customary practices. In light of that, how would discriminatory religious practices be approached?

Another expert said she was gratified to hear of South Africa's unequivocal commitment to the principles of the Convention. Fighting discriminatory traditions is an essential component in achieving de facto equality. She was concerned about the issue of witch burning, which she said

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is flagrant abuse of women. What is the Government doing to eliminate this medieval practice?

Another expert noted a paragraph in the report that said there was a tendency among some South African women to refuse their rights. Are there measures to deal with such attitudes, she asked, such as training programmes and seminars to increase the awareness of women's rights in the country?

Another expert also emphasized the importance of changing social attitudes in South Africa in regard to the role of and correct attitude towards women. The stereotypes of and violence against women are part of the negative attitude towards women. Within the national machinery to promote gender equality, is there any programme to fully utilize the media to popularize a correct attitude towards women. Of course, it would take time, but it is necessary to move in that direction as well as to implement laws and other constitutional measures. It is important to emphasize the sensitization of public opinion. That should be done now, while there was still an air of change in South Africa. The atmosphere of change would never be the same again.

Turning to article 6, on the suppression of traffic in women and the exploitation of the prostitution of women, an expert said that although the report had been thorough and of high quality, less information had been provided on article 6 than on the other articles. She was aware, through the media and other sources, that there were problems with trafficking in women, and with women being used as sex slaves and being lured into the sex trade arena. Is the Government aware of the extent of the problem, and what is being done about it?

One of the experts noted that the report said that as a result of poverty, parents were pushing girls into prostitution. Many young women, sometimes even students, were prostituting themselves because they needed money. That is a particularly dangerous practice considering the prevalence of HIV/AIDS. What is the Government doing to address the socio-economic problems that push young women into prostitution?

An expert said the report had not dealt with the issue of violence against women as much as it should have done, as there were many reports from other sources on the prevalence of this phenomenon. Had violence against women been increasing since the end of apartheid, or is it decreasing? she asked. There are not enough statistics provided on the problem. She said she would also like to know more about the Prevention of Family Violence Act of 1993.

Turning next to article 7, on eliminating discrimination against women in public and political life, experts noted that women are underrepresented in

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the judicial system and said more attention is needed to encourage women to assume judicial positions. Part of the reason was that women had just begun to climb the judicial ladder. Still more attention was needed. Appointing women to the judiciary is not simply a matter of status. Rather, it is a question of access to justice: if women came to courts run by men only, they would feel that the law was not for them. It is critical for the benefit of the community that women take positions as judges.

Experts cautioned that South Africa should not wait for suitable numbers of qualified women to fill the judiciary. Instead, it should appoint persons who were younger than otherwise preferred, or who had fewer years' experience because of a recent career change. Emphasizing merit is often a subtle attempt to oppose the Convention's article 4, on special measures, it was said.

South Africa's percentage of women parliamentarians exceeded that of many western countries, an expert noted. However, the country's report said that there were dangers in the declining numbers of women in parliamentarian elections. She asked the cause for that trend, when the women parliamentarians had clearly sacrificed so much to respond to their obligations. She also urged South Africa to maintain the proportional electoral system. Women lost out when the electoral system moved to a majority-based system.

Regarding article 8, equal opportunities to serve as international governmental representatives and in international organizations, an expert said that there seemed to be a high percentage of women in the lower ranks of foreign service, rather than higher at the diplomatic level. What causes that imbalance, and what efforts are being made to correct it? she asked.

Moving next to article 10, elimination of discrimination in education, an expert said education was the key to building a culture of peace and achieving full and universally enjoyed human rights. Education for all would allow the people of South Africa to do away with stereotypes and eliminate violence. She commended the efforts made already to provide free and obligatory education for the first 10 years, and to make people of all dialects aware of the Constitution. Is teacher training also a focus? she asked. Teaching the principles of a culture of peace and the new principles of South Africa from a young age is important.

On article 11, elimination of discrimination in employment, several experts stressed the importance of South Africa ratifying the International Labour Organization (ILO) conventions on equality. An expert asked about national legislation to protect housekeepers from harassment and programmes to help women balance the needs of work and childcare. She also asked about legislation to protect young girls from employment exploitation, and what

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efforts the Government is making to train workers, including those in the technical fields?

Implementation of article 11 is the weakest point of the report, an expert said. Unemployment is unacceptably high and there is no right to work in South Africa. While moves have been made to protect employed persons, a great number of men and women are self-employed. Are they covered by some kind of insurance, and if so, which kind? she asked. Professional women are mainly employed as teachers and nurses. How do their pay rates compare to other sectors? she asked. Trade unions do not focus enough on women workers, and women are not sufficiently involved in positions of leadership. Public work programmes could create new jobs and provide basic infrastructure and community empowerment programmes. In view of these facts, why is the future of such programmes uncertain?

On paid maternity leave, an expert noted the country's achievements, but expressed concern about a move to regulate flexibility, introduced in the country's employment bill. While the act sets basic standards, these could vary during certain periods. It was likely that temporary human resources would then be used, as they are cheap, unregulated and do not require insurance. Once use of such labour is introduced, the practice often leads to women's exploitation, she cautioned.

She also expressed concern over a proposal to increase working hours without overtime so long as the 45-hour weekly limit is not exceeded. In European countries, working hours are being shortened. The move could result in women working late at night, thus exposing them to potential violence during their commutes.

On article 12, elimination of discrimination against women in the field of health, an expert noted that health care is unevenly distributed in the country, and asked what is being done to expand coverage to underrepresented areas. Several speakers noted that African women have higher fertility rates than white women (in the terms used in the report), yet they are among the poorest of the poor, live mainly in rural areas and have less access to health services. Their children are less likely to be immunized against disease. What programmes are in place to make these women aware of the dangers of frequent pregnancies? an expert asked. Noting that many pregnant or lactating women suffer from iron deficiencies, she asked about programmes to combat that problem. She also asked about programmes regarding abortion.

Tuberculosis is a problem in South Africa and, according to the World Health Organization (WHO), there is a close link between that disease and the spread of the HIV virus, she continued. The rates of death from tuberculosis are expected to increase, while HIV infection in sub-Saharan Africa is

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spreading rapidly. These are serious problems; what is being done to address them?

An expert pointed out that States parties are committed to ending discrimination against women in health through preventive and curative measures, as well as family planning and nutrition services. She drew attention to the country's lack of information on birth and death rates of boys and girls, despite its reporting obligations, and stressed the need to establish a register of disease by sex.

She said that it appeared that measures are directed more towards women when it came to addressing HIV infection and birth control. There is need for more male-directed steps, she said. Both young women and young men must be made more aware, since it seems that men were not aware of their responsibilities as partners and citizens.

Other questions related to programmes to prevent addiction, smoking and alcoholism. While such programmes targeted pregnant women, are concomitant efforts also made for men? she asked.

An expert asked for more information on female genital mutilation, saying that it is not only a violation of human rights, but it is hazardous to the health of women. What is being done to convince the traditional leaders to abandon such practices? Breast cancer and cancer of the uterus are also killing many women: are there early detection programmes in place, or programmes of self-awareness?

Turning to article 13, on the elimination of discrimination against women in other areas of economic and social life, an expert said that many States promoted loans and credits to women, and that getting credit is often difficult for women. Is there any thought of creating a bank especially for women in South Africa? Women are very enterprising, but they lack specialized management training. Women need access to credit and training, particularly in rural areas. Is there any more information on these issues?

On article 14, which deals with the problems faced by rural women, an expert noted that in cities there are clinics and dispensaries, but in villages there are no specialized structures to help women in childbirth. Are there any ways that women may be helped in that regard? She also asked what provisions are being made for poor rural women on the issue of housing. When natural phenomena such as floods destroy poor homes, what is done to provide shelter? She asked for more information on agricultural credits and on whether there are programmes planned or in place to ease the physical burden on rural women, who may have to carry water and bottles of gas.

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Regarding the difficulties of women in rural areas in terms of being allowed to hold title to land and to inherit property, one of the experts noted that legislation is being passed to permit women to do so. However, she said, problems often remain despite changes in legislation. Land is invariably controlled by local chiefs, who would perpetuate the patriarchal system. What is being done to address that problem? She also pointed out that the leadership of the land reform programme is controlled by men. How is the Government planning to ensure that women would participate in rural development?

The question of rural women was very important, said one of the experts. In South Africa, it is a particularly important question because rural women constitute such a large proportion of the population, and also because they have suffered discrimination on so many fronts -- because they are members of the rural poor, because they are women and because they are black. They are the most marginalized of marginalized groups. She said she was happy to learn that the Government had formulated a land reform programme. However, legislation on its own is not enough.

Rural women are also largely ignorant of the land reform programme, despite the fact that it is they who should be the beneficiaries, she continued. Has the national machinery on women's issues been solicited by the Department of Land Affairs in the development of its policies regarding women? Does the national machinery have its own programme on land reform? Although the Department of Land Reform is very capable, the national machinery is in a better position to judge what would be best for women. Perhaps in the future, the national machinery could concern itself more in the policy of land reform and rural problems.

On article 15, which deals with equality before the law, an expert said it must be acknowledged that the same rights should be enjoyed by women and men. The report said that women have equal rights under civil law, but article 15 is much broader than that; it requires a more extensive equality. Also, in customary law, women are considered to be under the tutelage of men. Family ties are also governed by a combination of civil, religious and customary law. How are these laws to be reconciled? And what happens to single women?

Another expert was interested in the availability of legal aid services for women. Most women could not afford the high cost of legal representation. The report said the budget for such aid has been increased; would it apply across the country? Does legal aid apply to all of the problems of women, or is it only for questions such as the custody of children, and does it apply also to men?

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Turning to article 16, on the elimination of discrimination against women within marriage and the family, an expert noted that maintenance laws are being overhauled. She noted that family relations are governed by civil, religious and customary laws, laws which allow and legitimize discrimination within the family. That is very negative for women, who are often at a disadvantage as a result of many of the traditions. What is being done to address that imbalance? Perhaps there should be a draft code of the family that would harmonize and make uniform all matrimonial relations, harmonizing traditional rules.

An expert expressed concern relating to lobola (bridewealth) and polygamy. Does the Government intend to do anything about those practices, and if so, what? Regarding the question of inheritance, she said she would like to see a text of the legislation that is being proposed. The new law reform being considered aims to abolish the customary marriage act; would it also outlaw polygamy?

On the issue of rape as a form of violence against women, experts were pleased that the Government has identified that as a serious issue. Reported rapes in South Africa are among the highest in the world, but for every reported rape there are up to 10 that are not reported. The issue needs urgent consideration, and reform of legislation is required. Would rape be defined in more modern terms, and would spousal rape and rape of prostitutes be included in such legislation? Other issues that need to be addressed should include the protection of witnesses and complainants in rape and sexual assault cases.

Certain efforts are being made in that area, she continued. Yet, women would not report such violent acts if they are met with scepticism by the police. Police and health professionals should be trained in order to identify with victims. The judiciary would also be amenable to education. The expert said she would like to see how the Government of South Africa has moved in that direction in its next report, and above all, to see an evaluation of the effectiveness of such changes.

Response by South Africa

The representative of South Africa, responding to the comments, expressed her appreciation of the efforts of the members of the committee in studying the report and raising questions. She emphasized that the report had dealt with the first four years of democratic government, and that the only resources available had been left over from the previous government. She also noted that the report itself had been completed last year, and that in the intervention this morning the delegation had tried to capture areas not covered in the report. She said she would like to come back on Monday, and deal in detail with the issues that had been raised.

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