UPR Sexual Rights Database

National Report Annex:
FULL IMPLEMENTATION

The Victims' Charter provides redress for victims.

The Domestic Violence Act, 1998 (Act 116 of 1998 provides sanctions against domestic violence.

Key law reforms undertaken to address gender and sexual violence:
• Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007;
• Protection from Harassment Act, 2011 (Act 17 of 2011);
• Prevention and Combating of Trafficking in Persons Act, 2013; and
• Prohibition and Prevention of Torture Act, 2013.
The conviction rate relating to sexual offences in 2014/15 stood at 69%; and in the first quarter 71.1% conviction rate.

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.

The DoJ&CD keeps national statistics of domestic violence matters through the Integrated Case Management System (ICMS). This statistics provides monthly data on all forms of abuse recorded at our courts in terms of the Domestic Violence Act. The ICMS is periodically upgraded to improve data quality.

Since 2013, sexual offences courts were re-established. In the quest to reduce secondary victimization, 55 Thuthuzela Care Centres were established. In 2011 the UN Secretary-General recognised these centres as a “world best practice model” in the field of gender violence management and response. The South African Police Services has established the Family Violence, Child Protection and Sexual Offences Units in order to provide victim friendly services to victims of gender based violence.

The Department of Social Development has trained victim empowerment service providers in all nine provinces. Six Khuseleka One Stop Centres which provide integrated victim empowerment services have been established. The Department established 84 shelters for abused women and 201 white doors (centres of hope) for victims of gender based violence in different provinces.

A 24 hour Gender Based Violence Command Call Centre has been established. The call centre handles 1500 calls a day and these calls are handled by 40 social workers. The centre has won a number of international awards. Our 365 Days Campaign (which grew from the initial 16 Days of Activism for No Violence against Women and Children, held during November/December) has mobilized all sectors of society. This strategy is aimed at mobilizing men and boys to become part of the solution in eradicating violence against women.

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.

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.

Chapter 6 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007) provides for the comprehensive process regarding the National Register for Sex Offenders (NRSO). Section 50 (1) (i) of the Act provides for the persons whose names must be included in the NRSO, which will be any person that has been convicted of a sexual offence against a child or a person who is mentally disabled. The aim is to prevent registered sex offenders from working or operating at environments that will expose them to these victims and from becoming foster parents, kinship caregivers, temporary safe caregiver, adoptive parents or curators, unless they receive a clearance certificate from the NRSO.

The Police have training programmes on ensuring the respect of the human rights when conducting investigations, including the issue of sensitivity regarding cases relating to women as victims. The SAPS has a policy which was developed and put into implementation by its National Commissioner to ensure that members render a professional service to victims in respect of the investigation of offences that affect women and to assist victims in this regard. It also provides for information that must be provided to a victim in respect of available services; including HIV testing.

A National Department of Women, located in the Presidency, was established with the necessary dedicated human and financial resources to fulfil its core mandate to ensure effective implementation of initiatives related to the advancement of women and gender equality.

Although this is the core mandate of the Department of Women, all other national and provincial departments have a mandate to implement policies, legislative measures and campaigns to advance gender equality. These include:
• Campaigns during 16 Days of Activism for No Violence against Women and Children, held during November/December annually, contribute to the fight against violence against women.
• Campaign at higher institutions of learning to curb sexual violence,
• Gender inequality of women and girls with disabilities are recognized at legislative level as corroborated by the provisions of section 9(2) (e) of the National Sport and Recreation Act, 1998 (Act No. 110 of 1998 as amended) (hereinafter referred to as “the Act”) which provide that Sport and Recreation South Africa must ensure that women, the youth attending school and those who are no longer attending school, the disabled, senior citizens and neglected rural areas, receive priority regarding programmes for development and the delivery of sport and recreation.
• In recent years, sport has been recognized as a powerful tool through which gender inequality, at the root of Gender Based Violence (GBV), can be effectively addressed. To explore this role of sport and to initiate actions in this regard, Sport and Recreation South Africa, as Chair of the United Nation’s Sport for Development and Peace International Working Group (SDP IWG), prepared a framework for further discussion. This draft framework was approved by the Executive Board in New York on 7 June 2013. After expert presentations and group discussions, the thematic meeting agreed on a set of eight policy recommendations to governments for addressing GBV in and through sport.
Together these comprehensively form part of the 365 days programme of action.

Over the past year, this campaign reached the different sectors of South African society through consultations and engagements with FBOs, Media houses, Trade Unions, Sports fraternity, Private sector and Civil Society Organisations including the Men’s Sector. The aim of the engagements was to work towards a mind-set shift in society from violence against women and children as a government or criminal justice problem towards realising that it is very much a societal problem. In order to make #365 Days of Activism Campaign real, on the 25th of November 2016, the President launched the National Dialogues at Lebowakgomo in Limpopo province. The dialogues will be rolled-out into all Provinces and held in all District Municipalities. Towards this end, Government is seeking to use the community dialogue approach to engage with communities who experience violence both as victims or members of the family of victims. The dialogues are aimed at unravelling the root causes why violence against women is not abating despite an unprecedented body of laws in the country and some of the world’s best-model institutional mechanisms in place.

To give effect to the Department’s focus on accelerating women’s socio-economic development and advancement of gender equality through the implementation of gender mainstreaming across government, a refinement of accountability for gender mainstreaming and Gender Focal Points in terms of location, competencies, reporting lines and strategic role in the promotion of gender mainstreaming across the work of government is being tabled at Cabinet. This proposal seeks to reinforce the Constitutional mandate to promote and protect women’s rights, as well as the approach of the National Development Plan on advancing and empowering women. The National Planning Commission Diagnostic Report indicated that many women continue to experience discrimination, poverty, domestic violence, rape, various other forms of abuse and poor health in the country. The approach of gender mainstreaming is seen as significant in addressing the full and effective implementation of legislation, policies and programmes towards redressing these challenges faced by women. Tools that will effectively drive this approach are thus imperative in efforts towards improving the lives of women and their families, and in ensuring that women are empowered, advanced and developed for their own self-reliance.

Stakeholder Summary:
Para 69) 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:
PARTIAL IMPLEMENTATION

Despite expansion of the Prevention of Mother to Child Transmission (PMTCT) programme, The National Committee on Confidential Enquiries into Maternal Deaths (NCCEMD) was established to monitor and recommend solutions to reduce maternal mortality. The Committee is responsible for investigating every maternal death, with respect to primary and final causes of death, and the care that was given. Recommendations for the care of pregnant mothers are then made in a report provided to the Minister of Health. Strategies for reducing maternal mortality are made on the basis of this report.

National Report Annex 1:
To reduce HIV infections among the youth, specific interventions have been integrated in broader programmes in the context of the National HIV/AIDS Strategic Plan. Specifically, a Youth and Adolescent Friendly Health Services (YFS) programme is being implemented in all primary health facilities. This programme ensures that youth friendly services are provided.

Significant financial support is provided to NGOs and numerous youth friendly initiatives to enhance youth friendly HIV prevention messages through media such as radio, television. These programmes have successfully reached large sectors of the youth.

The Department of Health and the Department of Basic Education, with the Department of Social Development have developed an Integrated School Health Policy and Implementation Plan. This programme will proactively use disease prevention strategies at school through screening for common problems.

Rural areas and informal settlements have been prioritised for the deployment of the Primary Health Care teams, the poorest districts have been prioritised with respect to strengthening school health teams and the worst performing districts with respect to maternal and child health outcomes have been prioritised with respect to deployment of the clinical specialist teams. It should be noted that the major contributor to poor maternal and child health is HIV.

UN Compilation:
Para 48) CEDAW noted with deep concern that South Africa continued to face a serious HIV/AIDS epidemic, and that women and girls were disproportionately affected. It was also concerned about the prevalence of HIV-related stigma, which places women living with HIV at risk of being subjected to violence and discrimination. It called on South Africa to ensure the implementation of the Maternal Child and Women's Health Strategy (2009-2014); and to take sustained measures to address the impact of HIV/AIDS on women and girls.

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.

Para 25) JS1 commended the Government for working with civil society to create a platform for children and youth to provide input into the new National Strategic Plan on HIV and AIDS (2012-2016). This addressed UPR recommendations made in 2008.