Are women’s rights in South Africa truly progressing in a democratic era?
Experts and women’s rights organisations have echoed sentiments that while the country has moved three decades into democracy, there is still much room for improvement for bringing women to the forefront for policy influence.
Tackling the scourge and national pandemic of gender-based violence and sexual abuse, gender rights organisation, Sonke Gender Justice, said positive inroads have been made but added “it is a mixed bag of reviews”.
Sonke’s provincial manager based in the Eastern Cape, Patrick Godana, said it commended South Africa’s democratic dispensation for laying the foundation of a constitutional democracy, which has enabled the development of laws and policies aimed at creating a society where all people, regardless of sex, gender, or belief, can live safely, and with dignity.
“This framework has been critical in promoting and protecting the rights and freedoms of all who live in South Africa. We have also seen laws and policies being repealed and reviewed and ultimately promulgated by the Presidency…The challenge that continues to confront us is the lack of implementation and follow-up on the effectiveness of these laws. We are good as a country in marking and celebrating key calendar dates but our actions leave much to be desired.
“We have seen the government and some private sectors recognising and affirming the rights and dignity of women. Sad to note that it is not enough, as some women still face resistance and sexual abuse. For instance, the Eastern Cape government departments have been making headlines for wrong reasons and jobs-for-sex over the years. One example is the recent much-publicised case of Judge President Selby Mbenenge on sexual harassment allegations,” said Godana.
Godana further shed the spotlight on high levels of gender-based violence and femicide (GBVF) experienced countrywide.
“Society has a role to play in addressing and ending GBVF and so we urge everyone to take a stand against it. The government must fund efforts to end GBVF and penalise entities and departments that do not take empowerment of women seriously as gazetted by the Labour Department,” said Godana.
And while South Africa now has 45% women in Parliament due to the 50% quota accepted by the ANC before 2009 election, Professor Amanda Gouws – distinguished professor of Political Science at the University of Stellenbosch – said with 30 years into democracy, the question still remains whether larger numbers of women in government contribute to policy influence that will benefit all women.
In a co-researched article for Transformation: Critical Perspectives on Southern Africa, Professor Gouws focused on women’s representation in government.
“One of the underlying assumptions of quotas is that ‘women are virtues and will support other women’. We need to shift this thinking to an understanding that women are self interested individuals just like men…To improve women’s representation in government the acceptance of quotas to increase the number of women in legislatures has made a difference, but it is still unclear if women’s presence leads to power and policy influence.
“National gender machineries have not really changed conditions of inequality due to their cooptation by the state and their general dysfunctionality. The reliance on institutional politics has led to a fragmentation and in some cases a demobilisation of women’s movements that has a negative effect on keeping governments accountable for women’s equality,” said Professor Gouws.
She added that the biggest hurdles to overcome for women “are still on the local level, where both men and women are often recruited from the communities and have limited political skills”.
“Research has also shown that distrust and acrimony towards women are the most serious issues on the local government level… In a democracy, quantitative representation focuses on the representation of all interest groups in government, while qualitative representation is participatory democracy where efficacy is demonstrated through the ways in which women’s interests, perspectives and experiences enrich government and policy making. It shifts the focus to a more responsive and accountable government.
“In South Africa, the relationship of women’s organisations with political parties is fraught with problems. There are really no left leaning parties that fight for social democracy (except for the alliance partners of the ANC but they don’t campaign as parties). Political parties are not viewed as vehicles of feminist articulation or of promoting women’s interests,” wrote Professor Gouws.
The Women’s Legal Centre (WLC) said while South Africa signed the Convention on the Elimination of All Forms of Discrimination Against Women (Cedaw), “it is still invisible in our courts, policies and police stations”.
The WLC’s advocate Bronwyn Pithey, said that until Cedaw – which holds government accountable – is fully integrated to the justice system, survivors will continue to be failed.
“Our research found that the awareness (of Cedaw) is really low. Many state actors, even those in the justice system, had little to no understanding of what Cedaw is, how it applies or how it should be implemented particularly by state actors.
“Instead of an honest reflection of women’s experiences, many government responses appear to be ‘copy paste’ exercises that avoid real accountability… This misrepresentation breaks trust not only with the national community but with the women the system claims to protect,” said Pithey.
Ilitha Labantu’s spokesperson, Siyabulela Monakali, said: “Despite GBVF costing South Africa an estimated R42 billion annually, organisations that provide life-saving psychosocial, legal, and shelter services face severe funding shortages, leaving critical support for survivors stretched thin or unavailable. This disconnect between political promises and the realities on the ground highlights a profound lack of urgency and commitment from both the government and the private sector.
“We cannot claim to be making any real progress until women are free from all forms of violence and discrimination. Thirty-one years into democracy, the continued prevalence of GBVF is a clear indication that the promise of freedom remains unfulfilled for far too many.”
chevon.booysen@inl.co.za