Annual Report:
2001/2002

Gender Programme

"Drawing on a social and gender justice framework, the Programme works with marginalised women to develop ways of ensuring that policy and legislation pertaining to gender violence is relevent to these women. In this process it also explores the intersections of poverty and economic dependency with relation to gender violence."

Lisa Vetten, Programme Manager

Gender based violence remains a key limitation to women's full participation in society. Until the level of violence drops, South Africa cannot claim to have realised its democratic vision. Concerted monitoring of policy and legislation to protect women's rights is critical.
Goals and Strategies

2001 was a year of significant growth for the Gender Programme. In recognition of the centrality of gender to the CSVR's work, the Unit developed into a fully-fledged Programme in its own right. The staff complement increased from four to seven and a number of projects were successfully completed in the course of the year.

One of the Gender Programme's main aims is to develop, promote and publicise research that aids public understanding regarding the causes of gender-based violence and its effects. The Programme also:

Additionally, through a focus on gender, the Programme builds awareness in the CSVR as a whole, regarding the inclusion of gender questions and issues in all its projects. As part of the process of mainstreaming gender within CSVR, Penny Plowman is currently conducting research regarding the impact of gender on organisational change, and investigating its role in CSVR's daily activities.

Another key aim of the Gender Programme is to emphasise the rights of marginalised women. In most instances policy, programmes and legislation are drafted assuming all women are the same and have similar access to society's resources. As women are differently advantaged or disadvantaged, this approach excludes women who are disabled, young or elderly, in conflict with the law, poor or lesbian, amongst others, from access to social justice. By focusing specifically on some of these groups of women, the Programme hopes to broaden all women's access to the rights and resources available in South African society. The primary groups of women who were targeted in 2001 included women with disabilities, women in prison, adolescent girls, homeless women and women infected and affected by HIV/AIDS.

Highlights
Understanding the Links between HIV/AIDS and Violence against Women

The Programme reviewed the relationship between HIV/AIDS and violence against women. A national scan of organisational activities was conducted in order to link the two issues. The resulting report, Violence, Vengeance and Gender: A preliminary investigation into the links between violence against women and HIV/AIDS in South Africa, received wide coverage in local and national newspapers. The report received acclaim as one of the first to attempt to link the issue of gender based violence with HIV/AIDS. Media articles highlighting the report appeared in The Sowetan, The Daily Dispatch and The Sunday Independent. Impilo Enhle, the official publication of the National Union of Mineworkers, similarly published an article on the far-reaching research findings. At the special request of the AlertNet website, a Reuters Foundation Project for humanitarian organisations, the Programme submitted an opinion column on this highly topical subject. Copies of the influential report have been requested from a variety of sources, including university libraries, women's organisations, donor agencies, and assorted AIDS organisations and researchers. The groundbreaking research also informed the Programme's submission to the parliamentary hearings on HIV/AIDS convened by the Committee on the Improvement of the Status and Quality of Life of Women.

Following the report, the Centre for Scientific and Industrial Research (CSIR) invited the Gender Programme to be a partner in the facilitation of a national workshop for stakeholders in both the gender violence and HIV/AIDS sectors. Its aim is to initiate the process of charting research, advocacy and a policy development agenda. It is hoped that this process may result in the implementation of the report's recommendations. The Programme also partnered with the AIDS Law Project to run a national workshop regarding the provision of HIV post-exposure prophylaxis to rape survivors. The recommendations emerging from the latter workshop will be implemented in 2002.

The Justice for Women Campaign

On April 23, in conjunction with the National Network on Violence against Women and the Commission on Gender Equality, an application for presidential pardon on behalf of Maria Scholtz was submitted. Maria Scholtz's application spearheads the Justice for Women Campaign, which seeks the early release of five women serving lengthy prison terms for killing abusive male partners. Research supporting the Campaign includes an analysis of convictions and sentences for spousal homicide in three Gauteng courts for the period 1994 - 1998, and the report "Now we have nothing: Exploring the impact of maternal imprisonment on children whose mothers killed an abusive partner". The research and the Campaign were presented at a CSVR seminar and to a number of other audiences. These have included the Parliamentary Committee on the Improvement of the Status and Quality of Life of Women, the ANC Women's Caucus and the Government Communication and Information Service. As part of the Sixteen Days of Activism to End Violence Against Women, a national meeting was convened on Robben Island to increase awareness of the Campaign. Members of the women's families (including their children) spoke at this event, providing powerful and moving subjective insight into the impact of domestic violence and long-term imprisonment upon families. In recognition of this groundbreaking work, NICRO awarded the Campaign its prize for the best national offender reintegration programme.

Finally, as part of the ongoing work to change the application of law relevant to women who kill abusive partners, the Programme provided expert testimony in two cases in 2001. This resulted in the acquittal of one case. Unfortunately, however, in the second case a sentence of life imprisonment was handed down. The Programme is committed to its ongoing involvement in the appeal of this particular case.

Challenging Domestic Violence towards Women with Disabilities

At the request of the Disabled Women's Development Programme of Disabled People South Africa (DPSA), the Programme conducted one workshop in each of the nine provinces. The focus of the workshops was access to justice for women with disabilities who are experiencing domestic violence. To make the workshop material accessible to all participants, the manual was translated into Braille. A decision was taken to compile a report in 2002, advocating access to justice for women with disabilities.

Addressing Violence against Adolescent Girls

Adolescent girls are at high risk for gender-related violence. Programmes targeting either adult women or children frequently overlook the particular needs of adolescent girls. As a preliminary step in a bigger project, focusing on increasing access to justice for this group of girls, the Programme conducted a workshop for the South African Council of Educators (SACE). The workshop was aimed at equipping SACE investigators to handle cases of educators' sexual involvement with learners. After the successful workshop, the Programme continued to support SACE investigators by accompanying them to interviews or, where this was not feasible, referring them to other agencies that could provide a similar back-up service. A set of interviewing guidelines for investigators was drafted to aid this process.

Challenges

Women and girls in marginalised circumstances have far less access to services than women in better social circumstances. Many organisations are not equipped to deal with the scope of these women's many and varied needs. Many shelters, for instance, do not have facilities for HIV-positive women, nor are they always able to assist homeless women who are experiencing domestic violence.

Additionally, it is almost impossible to find lawyers and psychologists willing to provide free services to women in prison. As a result, the Programme has often had to provide this assistance by drafting summonses and affidavits. The women's children are particularly neglected. Neither the Department of Correctional Services nor the Department of Social Development are seemingly able to provide the support and care the children require.

Advocacy is time-consuming and unpredictable. The considerable time and effort required carries no guarantee of success, however. Despite the setbacks and delays inherent in advocacy work, the process remains challenging.

A further challenge in 2001 was gaining access to information contained in police dockets. Two studies, one investigating rape in inner-city Johannesburg and the other a ten year retrospective analysis of intimate femicide in Gauteng, suffered considerably and their completion has been extensively delayed, due to the unavailability of police dockets. It is hoped that as a result of the Promulgation of Access to Information Act and the Programme's ongoing attempts to build relationships of mutual trust with the SAPS, this process will be more fruitful in future.

Future Directions

Drawing on a social and gender justice framework, the Programme will extend its work with marginalised women to develop ways of ensuring that policy and legislation pertaining to gender violence is relevant to these women. Continuing the work begun with the Women's Budget Initiative at the end of 2001, the Programme will explore the intersections of poverty and economic dependency with relation to gender violence. As an outcome of this work, it is hoped that interventions will be developed to address this intersection.

Criminal Justice Programme

 
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