UPR Sexual Rights Database

National Report Annex 1:
The fourth Administration of the democratic South Africa established in 2009, a fully fledged Department for Women, Children and People with Disabilities (DWCPD). Through this decision the work of individual Offices on these thematic issues, which were previously located in the Presidency, has been integrated in a single Department. The decision by the government to establish the DWCPD underscores government's commitment to ensure that the voice of vulnerable groups remains a priority issue for which maximum protection should be ensured. Its vision aims to work towards "A fully inclusive society free from unfair discrimination, inequality, abuse and exploitation."

The primary responsibility of the DWCPD is to focus on the advocacy for the mainstreaming of gender, protection of children and promotion of the rights of persons with disabilities throughout all the programmes of government for the empowerment of these vulnerable segments of society as well as for the attainment social transformation. The DWCPD also constantly identify the protection gaps and critical areas requiring strengthening through the adoption further legislative, administrative and judicial measures in order to ensure maximum protection, adequate remedies and the combating of impunity for all forms of violence against women, children and persons with disability. The following administrative measures are in place and a proposed Bill on the Empowerment of Women and Gender Equality is undergoing national consultative processes:

- The National Policy for Women's Empowerment and Gender Equality provides the guiding principles for mainstreaming the gender perspective across the day to day work of government departments in all three spheres.
- Development of a National Gender Mainstreaming Strategy and a Gender Responsive Budgeting Strategy, as well as spearheading the development of the Women's Empowerment and Gender Equality Bill, which will enforce implementation of mainstreaming and provide for sanctions for non-compliance.
- The White Paper on an Integrated National Disability Strategy, released in 1997, is regarded as best practice internationally, and is currently under review to incorporate commitments contained in the CRPD and sectoral policies and programmes adopted since the White Paper was released.
- The DWCPD is furthermore in the final stages of releasing a Monitoring and Evaluation Framework that sets out the institutional mechanisms and disaggregated development indicators for the three sectors.

While all Departments have obligations to mainstream gender issues and to promote social development (advancement of the rights of children, persons with disabilities, empowerment of the youth and the elderly), the South African Department of Social Development has specific and special obligations in this regard which, among others include: the establishment of a Gender Unit, convening of Gender and Masculinity Workshops, Gender Dialogues, the empowerment of Gender Mainstreaming for Community Development Practitioners, a comprehensive approach to poverty eradication which includes the right of access to social security for all vulnerable groups, access to basic services and the provision of pensions.

A Parliamentary Portfolio Committee as a legislative monitoring framework on the promotion and protection on the rights of women and the attainment of gender equality also oversees the rights of children and persons with disabilities. The Commission on Gender Equality was established in 1996 through a Constitutional provision, enacted through the Commission on Gender Equality Act (Act 39 of 1996). It is an autonomous body to promote and protect the achievement of gender equality and reports directly to Parliament.

National Report Annex:
ICESCR ratified in 2015 and came into force on 12 April 2015.

UN Compilation:
Para 2) The United Nations country team noted the ratification by South Africa of the International Covenant on Economic, Social and Cultural Rights in 2015...

Stakeholder Summary:
Para 2) The South African Human Rights Commission (SAHRC) indicated that the Government had ratified ICESCR in 2015...

National Report Annex:
FULL IMPLEMENTATION

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.

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.

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.

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 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.

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.

In, particular the work done by our Thuthuzela Care Centres. Thuthuzela’s integrated approach to rape care is one of respect, comfort, restoring dignity and ensuring justice for victims of sexual violence. The management of TCC-model and roll-out falls within the responsibility of the NPA. The success of it is based upon effective and efficient stakeholder cooperation such as between the Departments of Justice, Health, Education, Treasury, Correctional Services, Social Development, the SAPS and designated civil society organisations. The TCC-model is specifically focussed on being victim-friendly and court directed with prosecutor-guided investigations and stakeholder cooperation. The ultimate goal is to minimise secondary victimization, reduce the cycle period for the finalisation of cases and to increase the conviction rates of these cases. When reporting a crime, the victim is removed from an environment such as a police station, to a more victim-friendly environment before being transported by police or an ambulance to the Thuthuzela Care Centre at the hospital. The person also receives counselling. If the medical examination happens within 72 hours of the incident, post-exposure prophylaxis is given. The investigating officer on call at the centre will take the person’s statement. The person will receive appropriate medication and is given a follow-up date for further medical treatment, before being transported home or a place of safety. A referral letter will be given or an appointment made for long-term counselling.

Before the trial, as part of the TCC-model, a case manager will oversee the prosecutor-guided investigation and will ensure that the case is trial and court ready. The case manager is a legally qualified official with specific additional expertise in dealing with gender-based violence matters.

With regards to the trial, consultations with a specialist prosecutor will take place before the case goes to court and court preparation by a victim-assistant officer will be undertaken. The person must also be given an explanation of the possible outcome and regular updates of the trial process by the case manager. The Thuthuzela model is an outstanding example of interdepartmental cooperation.

National Report Annex:
FULL IMPLEMENTATION

Measures in place are: amended legislation, training of DHA staff, SOP developed, expanded footprint access (hospitals, mobile units, DHA offices, strengthened partnership through MOU). The department has implemented a huge drive to document those who are undocumented.

These notification and registration categories, which came into effect since 2010, cater for both citizens and non-Citizens born and living in SA. They were set out as necessary measures to eliminate the barriers that impede the registration of birth for persons born within the territory of SA, including migrants, asylum seekers and refugees.

All DHA officials responsible for registration were trained on a step by step process for notification and registration. DHA (Civic Services and Immigration Services) has regular intra-branch meetings in dealing with the registration and movements of both RSA and non-RSA persons. In an effort to ensure no one is left behind, the department has further established an inter-departmental stakeholder forum with Departments of Health, Social Development, Education, Agri-SA to ensure that all eligible children are issued with birth certificates in order to access various social services.