Gender Justice Barometer, Issue 18: September 2007


Date: July 29, 2009
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Southern Africa
Gender Justice Barometer

Issue  18:  September 2007

The Gender Justice Barometer is a joint project of Gender Links and the Gender and Media Southern Africa (GEMSA) Network

In this issue:
NEWS HIGHLIGHTS
1. 2007 16 Days of Activism Campaign
2. Regional: What the Gender and Development Protocol would mean for gender violence
3. Region: Concerns raised around new draft Gender and Development Protocol
4.   Mauritius: Ending
domestic violence on the cabinet agenda
5. Lesotho: Gender violence on the local agenda as policy makers draw up a local government gender strategy
6. LEGISLATION
Botswana: Domestic
Violence Bill sparks debate
7. INTEGRATED
APPROACHES
Tanzania: Communication strategy for National Plan of Action on violence against women on the horizon
8. SOCIAL, ECONOMIC AND POLITICAL FACTORS
*Zimbabwe: Chiefs fight violence in the home
*Swaziland: Two-thirds of women beaten and abused
9.OPINION AND ANALYSIS
* Regional: Blow the whistle: human trafficking week highlights modern day slavery
* Malawi: Legal protection path to gender equality
We encourage your feedback, comments and information you would like us to include. Send an email to:
Loveness Jambaya-Nyakujarah
justice@genderlinks.org.za

NEWS HIGHLIGHTS

1. 2007 16 Days of Activism campaign

The 16 days of Activism campaign period is fast approaching and once again focus will be given to raising awareness on violence against women. In South Africa the campaign also incorporates violence against children. Critiques however raise the concern of whether combining women and children does not conflate the issues of these two distinct groups each with specific needs, with the   result that one group ends up receiving more attention than the other. This is a whole debate that would require acres of space to be devoted to it, so food for thought.

The 16 days campaign has gained momentum over the years, this year being the 17th that it has been running. Most certainly a host of activities have been lined up but gender activists, government and other role players need to ask themselves what can we do differently in 2007 to make a real difference in the lives of women who continue to experience high levels of violence as reflected in last year’s UN report of violence against women?

In an effort to find innovative ways to prevent sexual violence and support survivors, a group of South African based civil society organisations have come together to explore ways of using cell phone technology for this cause. The rationale is that in South Africa there are almost 32 million active cell phone users in SA, out of a population of 47 million that is two-thirds.   Discount the children under 7 and half the grannies over 70, and about three-quarters of all youth & adults have a cell phone. Clearly a major crisis in SA is that rape is the reality for so many women.   Can cell phones be of use?

This is not to say traditional activities such as cyber dialogues, documentation of first hand accounts of survivors of gender violence, Take Back the Night campaign, taking stock of progress in ending gender violence will not be taking place.

For more information on how these and other campaigns, Gender Links in collaboration with GEMSA will be publishing 16 Day special editions of the Gender Justice Barometer to keep you updated. All organisations are free to contribute. You can write to Loveness Jambaya: justice@genderlinks.org.za.

Click here for useful links with more information on 16 days of Activism.


2. Regional: What the Gender and Development Protocol would mean for gender violence

Many activists in the region anticipated that the Heads of State Summit held in Lusaka in August 2007 would adopt the draft Gender and Development Protocol since it had sailed past the Council of Ministers. However the bubble was burst when a number of the regional leaders preferred that there be further national consultations around the Protocol before they could commit themselves. This implies that for the time being, the piecemeal approach to achieving gender equality in the region will continue.

As the 16 Days of Activism campaign period approaches it is opportune to reflect on what the Protocol would have meant for gender violence. The absence of the Protocol means that the largely fragmented approach in dealing with gender violence will persist. On the other hand, had the Protocol been adopted and the fact that it is binding, SADC states would be compelled to enact and enforce legislation prohibiting gender based violence by 2015.

It also means that laws on gender based violence would provide for the comprehensive testing, treatment and care of survivors of sexual offences, including: emergency contraception, the right to terminate a pregnancy where it is the result of a sexual offence; ready access to post exposure prophylaxis at all health facilities to reduce the risk of contracting HIV and preventing the onset of sexually transmitted infections.

According to the draft Protocol, by 2010 all SADC countries should have reviewed and reformed their criminal laws and procedures applicable to cases of sexual offences and gender based violence to eliminate gender bias; and ensure justice and fairness are accorded to victims and survivors of gender based violence in a manner that ensures dignity and respect.

States would also be obliged to deal with social, economic political and cultural factors that exacerbate levels of gender based violence.   Sexual harassment, human trafficking, gender violence in educational institutions, training of service providers are some of the issues that have beset the region and a framework for addressing these is provided in the draft Protocol.

Activists are not only dismayed that the Heads of States have not adopted the Protocol but concerned at some of the provisions that have been removed from the draft.   For example, the removal of all references to marital rape and section on monitoring and evaluation. If there is no monitoring and evaluation mechanism in place it will be very difficult for member states to measure progress in ending gender violence.

What is required is for all stakeholders to go back to the drawing board and work to ensure that this time next year the Protocol will have become a reality.

Click here for the Supplement produced ahead of the Summit

and the draft Gender and Development Protocol submitted to the Heads of State.


3. Region: Concerns raised around new draft Gender and Development Protocol

The Southern African Gender Protocol Alliance has raised concern on the new draft Gender and Development Protocol after the Heads of States made substantive changes to a number of otherwise progressive clauses. This is despite the fact that the initial draft had been accepted and passed by the Council of Ministers.

Below is a chronicle of some of the most substantive changes made to the initial draft:

  • Under the section on constitutional and legal rights, the removal of reference to customary law and entire sections that deal with elderly women, persons with disabilities and socially excluded groups.
  • Removal of sections around how member states will achieve the 50 percent target in all political decision making positions.
  • Removal of all sections that deal with Equal access to education and instead cross referenced this to the Protocol on Education and Training.
  • Removal of sections on social safety nets, entrepreneurship and community development policies as well as the equal rights of succession under Productive resources and employment article.
  • Removal of all references to marital rape and section on monitoring and evaluation under Gender based violence section.
  • Removal of all sections on Health and referred to SADC Protocol on Health.
  • HIV and AIDS – all sections removed and referred to Maseru Declaration on HIV and AIDS
  • Peace building and conflict resolution – all sections removed and referred to UN Council Resolution.
  • Media, information and communication À“ removed the section on general principles removed – referred to Protocol on Culture, Information and Sport; other sections deleted/watered down.
  • The section on Institutional Arrangements for implementing the protocol was deleted completely.

The Alliance represents sixteen regional and national NGOs working to promote the rights of women in the region and is looking at ways to sustain continued engagements at country and regional levels on how to move forward with the Protocol and ensure that gender equality and equity is achieved in a holistic and integrated manner.


4. Mauritius: Ending domestic violence on the cabinet agenda

By Loga Virahsawmy

Real change to prevent gender violence in Mauritius is one step ahead, as a proposed National Action Plan on Domestic Violence is now on the agenda of the national Cabinet. This major accomplishment shows that that when Government and civil society join hands, the outcome can be very positive for society – in this case, vulnerable women and survivors of domestic violence.

Mauritius is taking a progressive step forward by combining the Action Plan of the Ministry of Women’s Rights, Child Development and Family Welfare on Domestic Violence, with that created by Media Watch Organisation-GEMSA, to make a comprehensive national plan to address the problem of domestic violence.

The country is in great need of such a plan. While police received 1200 reports of domestic violence in 2006, experts in the field confirm that this figure is likely double, as many women do not report out of fear or social stigma. Of these 1200 official cases, very few received adequate response.   There are not enough shelters in Mauritius, and protection orders do not really protect women. Recently, a husband stabbed to death a woman who was under protection from him.   Read full article


5. Lesotho: Gender violence receives attention as policy makers draw up a local government gender strategy

National and local level policy makers developed a Local Government Gender Strategy at a workshop held in 17 À“ 20 September. The overall aim of this strategy is to give effect to government commitments to gender equality at the local level through practical steps for ensuring that gender is mainstreamed in and through local government.

This will be achieved through ensuring:

  • Equal representation and participation of women and men at all levels of decision-making and in all areas of local government.
  • Equal representation and participation of women and men in local government consultations with communities about developments that concern their lives.
  • That all councils initiate gender specific projects in such as campaigns to end gender violence.
  • That gender is mainstreamed in all existing work of local government.
  • That gender is mainstreamed in the employment practices of local government.
  • That an effective Gender Management System is put in place at the local level.

Under the safety and security – gender violence flagship some of the strategies identified include: Creating synergies between councillors, public servants and the police at the district level ensuring the establishment of family courts; educating the community about the Sexual Offences Act; creating police community forums to reverse the perceptions and fear that women have of police men; working through service providers and with Chiefs in villages to establish shelters and counselling centres; as well as mounting awareness gatherings and workshops, including running concerted campaigns during the Sixteen Days of Activism on Gender Violence.

 


 

6. LEGISLATION

Botswana: Domestic Violence Bill sparks debate

By Loveness Jambaya

The pending Domestic Violence Bill has sparked debate in Botswana.   Many people including some leading opinion makers in mainstream media believe that the Bill could “make or breakÀ women and men in Botswana.   Yet passing a Domestic Violence Act would bring relief to survivors and would be victims of domestic violence.

For example an editorial article which appeared in the Gaborone newspaper Mmegi (posted online, 17/09/2007) the reporter celebrated “It is a good thing they left that marital rape issue out because that would have caused a lot more confusionÀ.   The same attitude is characteristic of what transpired at the Heads of State Summit leading to the removal of the clause on marital rape in the draft Gender and Development Protocol. This is quite disturbing coming at a time when the region is pressing for a holistic approach to ending gender violence.

The same report questions why stalking is a crime and why it is appearing in the Bill and fails to clarify to the Chiefs and the rest of the public that was having a difficult time understanding the  concept.

While it is welcome that these issues are being debated as the region moves towards passing legislation to deal with gender violence, it is quite disconcerting that patriarchy is still very much entrenched as reflected by the nature debates on these issues. This calls for a lot of work to be done before mindsets are significantly shifted.

Click here to view the article:   Domestic Violence Bill Could Make Or Break Us, Mmegi, published online 17th September.


7. INTEGRATED APPROACHES

Tanzania: Communication strategy for National Plan of Action on violence against women on the horizon

Implementation of the Tanzania National Plan of Action for the Prevention and Eradication of Violence Against Women and Children received a major boost when representatives of government, civil society and media developed a communication strategy to popularise the plan at a strategic communications training workshop held 22 À“ 24 August in Dar es Salam.

First published in 2001, the Plan of Action was reprinted in 2006 when it became clear that it had not been widely distributed to a cross section of Tanzanian society. Participants identified aspects contained in the plan that need to be communicated to the public and the mediums to ensure that the messages are targeted and effective.   For example, it was recognised that not many women and men are aware of the implications of Sexual Offences Special Provision Act (SOSPA) and related provisions in the Penal Code. It was also agreed that there was a need to mount a campaign to review the age of marriage for women from the present 15 years (for girls) to 18 years for both women and men.

The Director of Gender in the Ministry of Community Development, Gender and Children, Ms Kibona said the workshop was timely as no communication strategy had been put in place in the six years the plan has existed and came at a time the department will be embarking on a review of the Plan of Action to include emerging issues.

It is aimed that once the draft communication strategy has been canvassed with other stakeholders it will be sent to the Central Directorate of the Communications Ministry in the President’s Office for finalisation and then it will be adopted as a national communication strategy on the Plan of Action.


8. SOCIAL, ECONOMIC AND POLITICAL FACTORS

Zimbabwe: Chiefs fight violence in the home

Traditional leaders in Zimbabwe’s Masvingo Province, in the southeast of the country, are partnering with gender activists in a bid to curb domestic violence.

“Our partnership with traditional leaders started when we approached them [for help] in publicising the Domestic Violence Bill before it was signed into law … early this year,” said Mabel Sikhosana, Masvingo provincial coordinator of the Women’s Coalition of Zimbabwe (WCZ), an umbrella body for organisations fighting for the rights of women and girls.

Although traditional chiefs are generally patriarchal, activists have been pleasantly surprised by their commitment and willingness to speak out against domestic violence, and chiefs in all of the province’s seven districts were actively supporting outreach programmes for the eradication of domestic violence. Read full article.

Source: IRIN News


Swaziland: Two-thirds of women beaten and abused

One in every three female Swazis has experienced some form of sexual violence before turning 18, and two out of three aged 18 to 24, according to the first national survey to chart the scope of sexual and other types of violence perpetrated against women and girls.

Statistics from the Swaziland Action Group Against Abuse (SWAGAA), an NGO working to combat gender violence, have shown a steady rise in cases of violence against women during the past decade, which has been partly credited to better reporting of such crimes. Read full article.

Source: IRIN News


9. OPINION AND ANALYSIS

Regional: Blow the whistle: human trafficking week highlights modern day slavery

By Karen Blackman

It is hard to believe that in the modern day world, you can buy and sell a woman against her will. What is even more amazing is that those engaging in such a trade often do not even feel the need to hide it all that much.

“It is common, and everyone knows it,À reported a mineworker interviewed at a local nightclub. “If you bring a woman here, people will buy. They know that the men are always looking for women. Five hundred rands, six hundred rands, they sell them.À

A taxi driver at the Carletonville central taxi rank in South Africa, who claims to have experience in recruiting and transporting women from Mozambique says, “It will cost you R500 per woman, and I can arrange you two every week, if you are serious…. My job is to bring you the women; you do what you like with them.À He proceeded to explain how he recruits them, “I put it nicely to them.À Read full article


Malawi: Legal protection path to gender equality

By Daniel Manyowa

For women in Malawi, new legal measures could be a big step forward to ensure their equal participation and rights are enshrined in national law. Despite having ratified a number of international instruments aimed at promoting women’s rights, women in Malawi still lag behind in social, economic and political spheres.

A conducive legal environment in which all persons, including government, can be held accountable over gender discrimination is vital to create positive change for women in the country.   This includes putting in place laws that prohibit harmful social cultural practices.

Some traditional beliefs and customs reinforce gender inequalities in decision-making patterns, inheritance rights, education and health, which perpetuate women’s secondary status in society. Read full article


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