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![Page 1: Submission to the Portfolio Committee on Women Children and People with Disabilities on the Women’s Empowerment and Gender Equality Bill Samantha Waterhouse.](https://reader036.fdocuments.us/reader036/viewer/2022083005/56649f225503460f94c3b2f5/html5/thumbnails/1.jpg)
Submission to the Portfolio Committee on Women Children and
People with Disabilities on the Women’s Empowerment and
Gender Equality Bill
Samantha WaterhouseCommunity Law Centre, University of
the Western Cape
![Page 2: Submission to the Portfolio Committee on Women Children and People with Disabilities on the Women’s Empowerment and Gender Equality Bill Samantha Waterhouse.](https://reader036.fdocuments.us/reader036/viewer/2022083005/56649f225503460f94c3b2f5/html5/thumbnails/2.jpg)
Endorsements (25 +2)Africaid Trust Open Democracy Advice Centre
Childline South Africa Thohoyandou Victim Empowerment Project – TVEP
Triangle Project Refugee Social Services
Centre for Law and Society, UCT Teddy Bear Clinic
Sonke Gender Justice Network Shukumisa Campaign
De Heide Children’s Empowerment Centre Sisters Incorporated
GRIP – Rape Intervention Project Women and Men Against Child Abuse
Gender Equity Unit, UWC St. Anne’s Homes
Gender Health and Justice Research Unit, UCT
Resources Aimed at the Prevention of Child Abuse and Neglect
Her Rights Initiative Oxfam in South Africa
MOSAIC – Training, Service and Healing Centre for Women
Western Cape Women’s Shelter Movement
National Shelter Movement Amanda Gouws – Commissioner, CGE
NICRO Benita Moolman
Nisaa – Institute for Women’s Development
![Page 3: Submission to the Portfolio Committee on Women Children and People with Disabilities on the Women’s Empowerment and Gender Equality Bill Samantha Waterhouse.](https://reader036.fdocuments.us/reader036/viewer/2022083005/56649f225503460f94c3b2f5/html5/thumbnails/3.jpg)
Introduction• Welcome efforts to promote women’s empowerment
and gender equality – intent of the Bill– Note developments over the past 20 years
• However, overall, in its current form the bill will not achieve what is needed at this time– Agree with some aspects but these tend to lack substance– Bill fails to address key issues NOT already covered in law– Duplicates some existing law (amend and implement)– Analysis of and response to drivers of inequality is poor– Except regarding equality in employment, fails to address
implementation of existing law• Bill does not address the needs of majority of women• We need much more
![Page 4: Submission to the Portfolio Committee on Women Children and People with Disabilities on the Women’s Empowerment and Gender Equality Bill Samantha Waterhouse.](https://reader036.fdocuments.us/reader036/viewer/2022083005/56649f225503460f94c3b2f5/html5/thumbnails/4.jpg)
Situation of women in SA• Initiatives and laws are not resulting in change• Need a much stronger intervention from government
and civil society – to do something differently– Violence and access to justice– Education (policies and practices)– Land tenure– Access to ECD and childcare (Multiple roles of women)– Quotas in existing laws
• Some women experience greater discrimination than others (intersectionality)– Black women, women with disabilities, poverty, economic
class, refugee women, rural women, gender non-conforming, sex workers
![Page 5: Submission to the Portfolio Committee on Women Children and People with Disabilities on the Women’s Empowerment and Gender Equality Bill Samantha Waterhouse.](https://reader036.fdocuments.us/reader036/viewer/2022083005/56649f225503460f94c3b2f5/html5/thumbnails/5.jpg)
Patriarchy and Misogyny • At the core of the deep inequality and
disempowerment of women in every setting.– Vexes implementation of existing laws– Fuels discrimination in all settings, violence, access to justice,
inheritance, land etc.• We’re not meeting our international obligations • No programmes in place to challenge patriarchy• Weak reference to this in the bill• Will require responses besides the bill• Need leadership: Develop programme of action on this– Big task– Requires time and resources– Need complex responses, led by government partnership
with civil society
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Limitations • This bill’s main impact would be on women in
formal employment in senior positions. – How will it address working class and unemployed
women?• Contains many clauses that touch on a number of
critical areas, yet these clauses: (p10 submission)– Duplicate or lack substance
• Need:– clear targets, intervention plans, timeframes,
monitoring and reporting, human and financial resources
• Vagueness of provisions, weak enforcement and ‘progressive realisation’ signal bill as aspirational
![Page 7: Submission to the Portfolio Committee on Women Children and People with Disabilities on the Women’s Empowerment and Gender Equality Bill Samantha Waterhouse.](https://reader036.fdocuments.us/reader036/viewer/2022083005/56649f225503460f94c3b2f5/html5/thumbnails/7.jpg)
Need more than a new law• Comprehensive audit to address gaps in current
legislative and policy framework in all areas of women’s lives, substantial process:– Assess where the failures of implementation lie– Assess budgets and spending– Assess accountability mechanisms
• The bill starts to address workplace equity laws, but doesn’t address the weak implementation of these to date
• Clause 9(4)(c)(ii) is insufficient in this regard
![Page 8: Submission to the Portfolio Committee on Women Children and People with Disabilities on the Women’s Empowerment and Gender Equality Bill Samantha Waterhouse.](https://reader036.fdocuments.us/reader036/viewer/2022083005/56649f225503460f94c3b2f5/html5/thumbnails/8.jpg)
Monitoring and Reporting• Monitoring is undermined by lack of information• Requirements for reporting to minister in this
bill are supported• Need to stipulate reporting to legislatures too• Reporting requirements must extend beyond
the limited issues raised in this bill to all law, policy and programmes regarding women’s lives
• Clear and detailed reporting requirements should be developed
• All department annual reports must follow these
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Budgets and resourcing• Change for >50% of the population WILL cost more• Overall lack of provisioning, inadequate costing and
sourcing in all laws, policies and programmes• Even this bill will cost more then suggested– Relates NOT only to DWCPD– Relates NOT only to gender focal points in other
departments• If the measures contained in this bill, let alone other
legislation are to be achieved, they too require budgets (they have not been thought through)
• Mandatory women’s budgets across all departments needed
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Enforcement
• Extremely weak in this bill• Extremely weak in respect of most legislation
relating to women
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Definitions
• Lesbian, Gay, Bisexual, Transgendered and Intersex people (gender non-conforming) excluded
• Intersectionalities (except rural women and women with disabilities) not addressed.
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Education and Training for implementation
• This would cost money across departments• Current efforts are poor or nonexistent• Departments need targets in terms of numbers
and quality of training• Public education on rights and duties is almost
non-existant• In addition to training, need strong
accountability and monitoring systems and mechanisms for complaint.
![Page 13: Submission to the Portfolio Committee on Women Children and People with Disabilities on the Women’s Empowerment and Gender Equality Bill Samantha Waterhouse.](https://reader036.fdocuments.us/reader036/viewer/2022083005/56649f225503460f94c3b2f5/html5/thumbnails/13.jpg)
Equal representation and participation
• These clauses have value, but they – Duplicate existing frameworks– Only relate to women in senior positions
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Gender mainstreaming and units• Clause 8, regarding measures to promote
mainstreaming are promising– But it’s discretional (‘may’ should be ‘must’)
• Some positive change in GFP position to senior level – level should be stipulated
• Will this work better than before? Depends on the regulations……….
• We need GFPs at local level offices, municipalities etc (also relatively senior)
• Without budgets for the various programmes (not just the position) GFPs won’t have any impact on women’s lives
![Page 15: Submission to the Portfolio Committee on Women Children and People with Disabilities on the Women’s Empowerment and Gender Equality Bill Samantha Waterhouse.](https://reader036.fdocuments.us/reader036/viewer/2022083005/56649f225503460f94c3b2f5/html5/thumbnails/15.jpg)
National Gender Machinery
• Changes over the years lead to duplications• Need clear framework for the NGM
components• Include role and resourcing in terms of civil
society organisations
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Conclusion• Support efforts to improve circumstances of
women• The bill in this form, will not achieve this• This is a large, complex and long term task• Consultations with women across the country– Ensuring meaningful participation, especially of
women that face multiple discriminations– Provincial hearings an opportunity, question is
HOW this will be done?