UPR Sexual Rights Database

National Report Annex:
PARTIAL IMPLEMENTATION

In order to improve handling of rape cases by Police the SAPS makes use of specialized investigative units called Family Violence, Child Protection and Sexual Offences Units (FCS). FCS investigators receive specialised training in dealing with sexual offences investigations and cases involving children addition to training as investigators. SAPS has developed the Human Rights in Policing Learning Programmes and has been conducting training on same from 1998 to all law enforcement officials.

The SAPS has developed National Instructions on the Domestic Violence Act and the Criminal Law (Sexual Offences and Related Matters) Amendment Act in order to provide clear policy directives for the police in support of members to improve service delivery to victims. The NPA (facilitated by SOCA), in line with Act 32 of 2007 also developed directives for prosecutors on how best to deal with sexual offences in the criminal justice system.

Capacity building and training of the SAPS members is an on-going process commencing in basic training. The SAPS engages in public awareness and education campaigns with the purpose of creating a greater awareness of the relevant legislation and government‘s commitment to eradicating violence.

A number of new policy frameworks were also introduced and implemented, including the Child Justice National Policy Framework, the Restorative Justice National Policy Framework (including forming linkages with traditional justice), the Social Crime Prevention Strategy and the Diversion Accreditation Framework. Government has also adopted a Plan of Action to combat violence against women and children.

Nationally, there are 176 established FCS units attached to all police clusters within SAPS. This has resulted in lengthy convictions, achieved through the dedicated work of detectives and prosecutors.

Resourcing and establishing victim-friendly rooms at police service points are on-going. There are currently more than 900 Victim Friendly Facilities rendering victim support services in place and it is envisaged that this will be rolled out to all police stations.

South Africa has dedicated sexual offences courts. These dedicated services use intermediaries, audio-visual equipment and specialised training, among other measures. The NPA’s Sexual Offences and Community Affairs (SOCA) Unit developed comprehensive training manuals which are updated annually to be in line with the latest developments in law for specialist prosecutors and also an integrated training manual for stakeholders at our TCCs.

The DoJ&CD also issued terms of reference for the rapid response team to fast track cases in the criminal justice system in a bid to endorse the government’s commitment to combat discrimination against LGBTI persons.

Stakeholder Summary:
Para 69) ERI noted that police reportedly often refused to open cases of domestic abuse. JS6 indicated that despite efforts made, studies continued to note persistent problems with the police management of cases of sexual offences including refusal to accept rape complaints.

National Report Annex:
FULL IMPLEMENTATION

The rollout of programmes is closely linked with the on-going work of relevant UN agencies such as WHO, UNFPA, UNICEF, UNAIDS and UNWOMEN.

Stakeholder Summary:
Para 13) SAHRC noted progress in addressing HIV/AIDS, in line with UPR recommendations 12, 13 and 14. In April 2010, a new AIDS treatment policy and awareness campaign had been launched. As part of the campaign, 14 million people had been counselled and over 13.5 million tested for HIV, which represented a six-fold increase in the number of people tested over the previous year. Those found HIV-positive were referred for further support and care. However, although South Africa had a large antiretroviral therapy (ARV) programme, access to treatment was still a challenge. At the end of 2009, an estimated 37 per cent of all infected persons were receiving treatment.