Session
National Report
Para 70) South Africa’s approach in the care and protection of children is rights based, childcentred, universal, gender-sensitive, inclusive, transparent, and programmes are evidence based and results-focussed. The National Strategic Plan addressing gender-based violence and femicide (NSP-GBVF) in the country attests to this approach. In line with the NSPGBVF and implementation of programmes to decrease vulnerabilities of children to child abuse; the department through the Directorate: Child Protection has a responsibility to ensure protection of children who are at risk of and victims of child exploitation which includes the concepts of child trafficking, child labour, commercial sexual exploitation of children and child pornography/cyber-crime. Various measures have been put in place such as the development of the Guidelines for the Prevention of and Response to Child Exploitation as well as capacity building of key stakeholders to render effective and uniform services to children who are exploited. An intersectoral protocol for the prevention and management of violence against children, child abuse, neglect and exploitation is also in place to ensure improved prevention strategies whilst strengthening case management amongst key stakeholders in the child protection sector; improving identification, assessment, reporting and referral of child abuse cases including online violations.
Para 71) The National Prosecuting Authority’s Sexual Offences and Community Affairs (SOCA) Unit participated in several public awareness and community projects on genderbased violence, human trafficking and relevant legislation nationally in line with the “365 National Action Plan of no violence against women and children”. This intervention entailed a combination of public awareness campaigns with relevant stakeholders but also radio interviews / discussions, focussing inter alia on the following topics: the essence of gender based violence, influence of drugs and alcohol at schools, child pornography, reporting of GBV-matters, LGBTI-cases, sexual violence / abuse at schools and tertiary institutions, importance of forensic medical examinations and post-trauma consequences of GBV, ukuthwala-practices, existence of sexual harassment and what it entails and human trafficking specifically for sexual exploitation.
Para 77) The Presidential Summit Declaration against Gender-Based Violence and Femicide (GBVF) was launched by President Cyril Ramaphosa in March 2019. The Declaration set out specific actions that the country must undertake to prevent GBVF. In May 2020 the President further launched the GBVF National Strategic Plan (2020-2030) (GBVF NSP) which is intended to guide the country in the implementation of the Presidential Summit Declaration.
Para 82) In November 2019 DoJ&CD commenced with the Under-the-Tree Programme, in response to the call made by the President of South Africa that men must take responsibility to end patriarchal norms that breed GBVF. The Programme facilitate dialogues on issues of patriarchy relating to gender equality, emotional healing, family rehabilitation and male parenting, financial disciplines, healthy lifestyle, and how men can combat GBVF. The DoJ&CD delivers the programme, as part of the 365 Days Campaign, in partnership with the NPA, DCS, DoH, Department of Social Development and Commission for Gender Equality. Furthermore, in February 2020, the Minister of Justice approved Regulations relating to Sexual Offense Courts which sets out the catalogue of specialised support services for victims and survivors of sex crimes.
State under Review
National Report
Stakeholder Summary
Para 52) Three stakeholders expressed concern that gender-based violence was pervasive. Despite progressive legislation, there were reportedly systemic failures in the implementation of policies and legislation, including that the police often did not fulfil their obligations. Victims were fearful of reporting assaults to the police given gender stereotypes and discriminatory attitudes. JS16 highlighted the increase of gender-based violence during the COVID-19 lockdown and related socio-economic factors, with challenges around the justice system and its response to victims. JS4 noted the lack of a standardised curriculum for frontline workers on gender-based violence cases, while backlogs remained.
Para 55) Three stakeholders reported that South Africa continued to criminalize sex work, increasing the risk of gender-based violence against sex workers. HRW noted reports that sexual assault cases increased following COVID-19 lockdowns, with the government failing to provide necessary funding for shelters. Shelter access for some groups was difficult, including LGBTI persons and immigrants.
Para 60) JS9 stated that older persons were subjected to negative societal perceptions of them as a burden with little to contribute to society. Their safety was also limited, particularly for women alone in rural areas for which rapes were reported.
Stakeholder Summary
UN Compilation
UN Compilation
Para 18) CEDAW noted: that Legal Aid South Africa lacked the resources necessary to deliver its mandate; that women faced barriers to accessing justice; and the low prosecution and conviction rates in sexual offence cases.
Para 52) In 2019, the CEDAW conducted a confidential inquiry visit, under the OP-CEDAW. The Committee found that South Africa had violated a number of articles of the Convention; was responsible for grave violations of rights under the Convention, considering, inter alia, that it had failed to protect a significant number of women and girls from domestic violence; and was responsible for systematic violations of rights under the Convention.
Para 53) In its response, the Government noted, inter alia: the passage of three bills – the Domestic Violence Amendment Bill, the Criminal and Related Matters Bill and the Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill; public communications to educate people on their rights to access justice; and assistance for survivors of gender-based violence to access efficient and sensitive criminal justice. South Africa stated that the finding of grave violations was contestable.
Para 54) The CEDAW noted persistent systemic failures in the implementation of legislation and policies to address gender-based violence, rampant levels of gender-based violence, related impunity, police failure to investigate, and lack of training on applying criminal law provisions. The Committee against Torture expressed concern about the prevalence of all forms of violence, including gender-based violence that may be committed with the support of State actors. The United Nations country team reported very high levels of gender-based violence and femicide, exacerbated by the COVID-19 pandemic.