1. Introduction Objectives of the study Methodology Limitations of the study 5

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1 ISBN : Cover Design : Indima Njongo Marketing & Communications Research : Commission For Gender Equality Design and Typesetting : Indima Njongo Marketing & Communications Editing : Commission For Gender Equality Copyright: 2012 Commission for Gender Equality. All rights reserved. No part of this publication may be reproduced, photocopied or transmitted in any form, nor any part of the report be distributed for profit-making purposes, without prior written consent of the Commission for Gender Equality. i

2 Foreword 1 Acknowledgements 2 Abbreviations and acronyms 2 Executive summary 3 1. Introduction Objectives of the study Methodology Limitations of the study 5 2. Context Historical background Legislative framework Legislation Policies and strategies Programmes and services provided Literature review: key issues People s perceptions and experiences of crime Assault and sexual offences Public perceptions of victim support services 9 3. The findings of the study Broad structural and systemic issues Lack of coordination Budgetary and funding constraints Poor planning Capacity building issues Monitoring and evaluation Operational issues at programme level Prevention Support Response Conclusion Recommendations 22 Annexure: Summary of the findings 23 ii

3 Foreword The Commission for Gender Equality has embarked on monitoring of the implementation of the national action plan of the 365 Days Programme of Action to End Violence against Women and Children, to assess the efforts, activities and strategies put in place to deal effectively with the high level of crimes perpetrated against women and children in South Africa. The programme sought to extend the annual activities that are usually planned around the 16 Days Programme of Activism against Women Abuse. The overall objective was to ensure that these activities are sustained beyond the usual 16 Days, to become a programme that lasts the whole year, preventing violence and rendering vital support services and facilities to the victims of crime. This report contributes towards measuring the effectiveness and efficiency of the implementation of the 365 Day Programme, and identifying the challenges that still need to be overcome. The Commission for Gender Equality (CGE) is an independent, statutory body established in terms of section 187 of the Constitution of South Africa, Act 108 of The role of the CGE is to promote respect for gender equality and the protection, development and attainment of gender equality. The powers and functions of the CGE are outlined in the Commission for Gender Equality Act 39 of In terms of section 11(1) (a) of this Act, the CGE is also mandated to make recommendations regarding the protection, development, attainment and promotion of gender equality. This includes the monitoring and evaluation of policies and practices of state organs, state agencies, public bodies and the private sector in order to promote gender equality and the rights of women ; and to prepare and submit reports to Parliament pertaining to any such convention, covenant or charter relating to the objective of the Commission. Pursuant to its monitoring and evaluation mandate, the CGE has recently embarked on the process of monitoring the implementation of the 365 Days National Action Plan (NAP) to End Violence against Women and Children. The Commission trusts that this report will stimulate debate within government ministries and departments, and among the various role players responsible for furthering the aims and objectives of the 365 Days Programme of Action to End Violence against Women and Children in South Africa. Mr Mfanozelwe Shozi Chairperson: Commission for Gender Equality 1

4 Acknowledgements The following members of the CGE research team participated in this study: Thabo Rapoo (Director and Editor) Vernet Napo (Deputy Director and Senior Researcher) Ntuthuko Manzini (Mpumalanga) Marumo Mosenogi (North West) Lieketseng Mohlakoana-Motopi (Free State) Sibongile Mhlongo (Limpopo) Mary Bekker (Administrative support) Special gratitude is due to CGE researchers Masefako Segooa, Christopher Hanisi and Tasneem Sterris for reviewing the early draft of the report. Abbreviations and acronyms 2 AIDS ASGISA AWC CBO CGE CJSP DOE DOJ&CD DSD DV DWCPD FBO FCS GBH GBV GCIS HIV IDMT JCPS JIPSA LGSP MDG NAP NCPS NGO NPA PMU SABC SADC SANEF SAPS SOCA TCC USAID VC VEC VEP VOCS WJEI acquired immune deficiency syndrome Accelerated and Shared Growth Initiative for South Africa African Women and Child Information Network community based organisation Commission for Gender Equality Criminal Justice Strengthening Programme Department of Education Department of Justice and Constitutional Development Department of Social Development domestic violence Department of Women, Children and Persons with Disabilities faith-based organisation family violence, childhood protection and sexual offences (SAPS structure) grievous bodily harm gender-based violence Government Communication and Information Service human immunodeficiency virus Inter-departmental Management Team Justice Cluster and Crime Prevention Strategy Joint Initiative on Priority Skills Acquisition Local Government Support Programme millennium development goals national action plan National Crime Prevention Strategy non-governmental organisation National Prosecuting Authority Programme Management Unit South African Broadcasting Corporation Southern African Development Community South African National Editors Forum South African Police Services Sexual Offences and Community Affairs (unit of the NPA) Thuthuzela Care Centres United States Agency for International Development Victims Charter victim empowerment centre Victim Empowerment Programme Victims of Crime Survey Women s Justice and Empowerment Initiative

5 Executive summary The 365 Days National Action Plan (NAP) to End Violence against Women and Children is a result of the deliberations that were undertaken at a conference in Kopanong, Johannesburg in May 2006, which resulted in the Kopanong Declaration. The declaration came up with a strategy to end gender-based violence (GBV) against women and children. It acknowledged that 16 days of activism is not sufficient to address GBV, but that a more comprehensive and sustained approach is necessary, including prevention, support, and response. The CGE, as part of its effort to address GBV, embarked on its mandate to assess how much progress has been made on the implementation of the 365 Day NAP, to identify the challenges facing implementation in each of the ten thematic areas (legislation and policy, the criminal justice system, specialised facilities, comprehensive treatment and care, infrastructure and places of safety, public education and awareness, media communications, economic empowerment, children, and coordination), and to recommend solutions. The methodology used was desktop research, combined with unstructured telephonic interviews with the relevant stakeholders. The findings of the study indicate that an enabling environment has been created to deal with gender-based violence against women and children in South Africa, through the enactment of specific legislation and the development of policy framework programmes such the Sexual Offences Amendment Act, the Child Justice Act, the Integrated Victim Empowerment Policy, national policy guidelines for victims of sexual offences, and national policy guidelines for victim empowerment. Measures that contribute to the prevention of violence against vulnerable groups (such as the Victims Charter and the Victim Empowerment Programme) have been in place since before the 365 Days plan. Although the 365 Days NAP was costed, no funds were allocated to implement the plan. Inter-departmental Management Team (IDMT) stakeholders are working in isolation, and information regarding the implementation of the Kopanong Declaration is fragmented and hard to find. The 365 days NAP has not yet taken off due to challenges encountered since the commencement of plan, particularly in relation to coordination, funding, and demarcation of responsibilities among the relevant stakeholders. Most implantation has taken place through civil society structures. It is recommended that implementation of the 365 Days NAP is based on the following priorities: The effort by the Department of Women, Children and People with Disability (DWCPD) to establish a council chaired by the deputy president should be pursued and concluded. The 365 Days NAP must be reviewed, paying particular attention to issues raised in this report. The IDMT should be given a clear mandate to implement the NAP using dedicated budget from the national treasury. Information on legislation, policies and programmes protecting women and children from gender violence in South Africa need to be widely communicated to potential beneficiaries. 3

6 1. Introduction The South African government has embarked on a number of strategies to curb the scourge of violence against women and children as the most marginalised and vulnerable groups in society. This initiative started during the apartheid era, when the government realised the importance of putting in place structures for the protection of these vulnerable groups. The concept behind the 365 Days Campaign to End Violence Against Women and Children is based on a recognition that it is necessary to extend the annual 16 Days of Activism into a yearlong campaign. This decision was taken at a conference that took place at Kopanong in May The extended campaign was intended to be an inter sectoral and collaborative effort involving civil society and government agencies. South Africa is one of the first countries to heed the call of the United Nations Secretary General for all countries to develop comprehensive and multi-sectoral action plans for ending gender-based violence. In addition, the 365 Days campaign also signals compliance with the Addendum to the SADC Declaration on Gender and Development for Eradicating Violence against Women and Children as well as other regional and international instruments. The conference led to the drafting of a comprehensive National Action Plan (NAP) to end gender violence, to underpin the implementation of the Kopanong Declaration. 1 The NAP identified ten thematic areas. Objectives and priority actions were developed on the basis of these thematic areas: legislation and policy the criminal justice system specialised facilities comprehensive treatment and care infrastructure and places of safety public education and awareness media communications economic empowerment children coordination. Under these thematic areas, the plan identified targets and allocated tasks to be performed by different stakeholders. It was agreed at the conference that the implementation of the plan should be monitored until gender-based violence has been curbed. The Commission for Gender Equality (CGE) plays a crucial role as the body responsible for monitoring the implementation of the NAP, as well as progress towards meeting the goals of the Kopanong Declaration which came into force in This Report presents the findings on the implementation of the NAP, and the challenges that the different stakeholders have experienced. The report also discusses the gaps between the stated objectives and the outcomes in the implementation of the NAP. 1.1 Objectives of the study 4 The key areas of focus when conducting this study were to: determine the extent to which the 365 Days campaign has been implemented since its inception; identify key constraints and gaps in the implementation of the NAP; establish the effectiveness of the programmes in place. 1 The Kopanong Declaration is a formal commitment made by participants (which included government institutions, independent state bodies and civil society organisations) at a conference held in Benoni, Johannesburg, in May 2006 to develop a coordinated and comprehensive approach to end violence against women and children in South Africa.

7 1.2 Methodology A qualitative methodology was employed in conducting this research. Particular emphasis was placed on in-depth analysis of current reports and other publications, in order to gain insight into the challenges, constraints and key issues regarding progress and achievements in the implementation of the NAP. In addition to providing insights into these challenges, the report also sought to identify the measures that have been put in place to achieve the objectives of the NAP. The desktop method identified and gathered relevant secondary data from existing reports, including annual departmental reports, audit reports and other relevant documents. The desktop review was combined with a limited number of telephonic interviews with informants from some of the key stakeholder institutions involved in the implementation of the NAP. The material obtained through the interviews was used to supplement gaps identified in the data obtained from the secondary sources. 1.3 Limitations of the study Certain limitations potentially affected the veracity of the insights contained in this report, including: Poor demarcation of responsibilities among the relevant stakeholders made it difficult to identify specific focal persons who could provide researchers with the necessary information. Stakeholders were found to be operating in isolation due to lack of coordination, resulting in information about the implementation of the NAP being fragmented Failure to popularise the NAP even among key stakeholders has impacted negatively on its implementation, and on access to information. Key informants within the relevant stakeholder organisations were not available to provide the necessary information. Lack of accountability by the Inter-departmental Management Team (IDMT) due to the fact that this structure was not institutionalised made it difficult to access information on progress made Even the annual reports of relevant organisations do not provide information on implementation of the NAP. 2. Context 2.1 Historical background It is important to highlight how the literature conceptualises victimisation in South Africa, to identify the initiatives that have been put in place to curb the problem, and to assess the effectiveness of the strategies employed (including the 365 Days National Action Plan). According to Louw and Shaw (1997:43), as quoted by Pretorius and Louw (2007), there are determinants for the nature of victimisation that different people experience, including race, class, and gender. According to a report on Nature and Prevalence of Domestic Violence in South Africa (2008), the overwhelming majority of victims are women and children. In the majority of cases, the victims are either married (53 per cent) or have an intimate relationship with (22 per cent) the perpetrator or the abuser. The biggest question that needs to be addressed is what measures have been put in place, and how effective they are in reducing violence against women and children? 5 Since 1994, the government has put intervention measures in place to deal with GBV. In 1996, in response to the high crime rate in South Africa, the government launched the National Crime Prevention Strategy (NCPS) as one of the 6 pillars of the National Growth and Development Strategy. The establishment of the NCPS was an effort by government and civil society to

8 restructure the criminal justice system, and develop crime prevention strategies that would target crime at the grass roots. 2 The NCPS compelled all spheres of government to develop implementation plans and strategies in line with the NCPS. One result of the NCPS was the implementation of the Victim Empowerment Programme (1998) and the Victims Service Charter (2004), coordinated by the Department of Social Development and the Department of Justice and Constitutional Development respectively. The main stakeholders were South African Police Service, the Department of Health, the Department of Education, the Department of Justice and Constitutional Development, Correctional Services, provincial empowerment forums and relevant NGOs. The Victim Empowerment Programme (VEP) was established, and restorative justice was introduced within the criminal justice system as a way of driving the process of reconciliation and restitution. One effort to create awareness around domestic violence was the introduction of the 16 Days of Activism for no Violence against Women and Children, a United Nations campaign initiated by the Women s Global Leadership Institute, and supported by the Centre for Women s Global Leadership in The campaign begins on 25 November every year and ends on 10 December. South Africa has observed this period since The main objective of the 16 Days campaign is to create and promote awareness of the impact of violence against women and children. The campaign is intended to reach people at the grass roots level within communities, empowering them to act against domestic violence. Violence against women negatively affects society as a whole, and is one of the symptoms of inequality between men and women. 3 Commemoration of the 16 days campaign has had a tremendous response, and even filtered beyond the borders of South Africa. The campaign involves stakeholders from all sectors of society, including government departments, civil society, CBOs, FBOs, and business. Partnerships and collaboration have been established within all these stakeholders to broaden and to give the campaign more weight and impact. Due to the alarming levels of GBV in South Africa, it was established that sixteen days were not sufficient to deal with the problem of GBV. Former President Thabo Mbeki indicated that he supported the move to extend the campaign to 365 days. It was envisaged that the extension of the campaign would have a major impact within South African communities. National consultations commenced in 2005, and led to a national conference which was held on 3 to 5 May The conference designed a programme of action for a more coordinated and comprehensive national response towards addressing gender-based violence. The conference resulted in the Kopanong Declaration which put in place the 365 days National Action Plan to end violence against women and children. Both the 16 days and the 365 days were aimed at behavioural change to create a peaceful society. The NAP looked beyond just ending GBV, also taking into account individual needs in terms of support, prevention, treatment and care. 2.2 Legislative framework In response to the escalating rate of victimisation of women and children South Africa subscribed as signatory and state party to a number of international and regional conventions and protocols. Monitoring the implementation of these regulatory frameworks is one of the driving factors to ensure that implementation is effective and efficient. 6 South Africa has ratified a number of international and regional instruments such as Convention on the Elimination of All forms of Discrimination Against Women (CEDAW), the Beijing Platform for Action (BPA), and the SADC Declaration on Gender and Development. These instruments oblige South Africa to adhere to international human rights standards, to incorporate the provisions of these instruments into South African domestic laws, and to regularly report on the progress of implementation. 2 Interdepartmental Strategy Team consisting of the departments of Correctional Services, Defence, Intelligence, Justice, Safety and Security, and Welfare May. National Crime Prevention Strategy Johannesburg: Secretariat for Safety and Security. 3 Singh, D (2007), Women and Men as Vulnerable Victims, in Davis L & Snyman R (eds.) Victimology in South Africa. Pretoria: Van Schaik Publishers

9 Under international law, countries have the obligation to enact, implement and monitor legislation addressing gender-based violence. In its general recommendation No. 19 (1992) on violence against women, the Committee on the Elimination of Discrimination against Women confirmed that under general international law and specific human rights covenants, states may be responsible for private acts if they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of violence, and for providing compensation. 4 In relation to the national legal framework, the Committee on the Elimination of Discrimination against Women recommended that state parties: ensure that laws against family violence and abuse, rape, sexual assault and other genderbased violence give adequate protection to all women, and respect their integrity and dignity; 5 and take all legal and other measures that are necessary to provide for effective protection of women against gender-based violence, including penal sanctions, civil remedies and compensatory provisions to protect women against all kinds of violence. 6 This is further supported by Article 4(2) of the Protocol to the African Charter on Human and People s Rights on the Rights of Women in Africa, which states that countries must enact and enforce laws to prohibit all forms of violence against women. Measures to address this challenge have been developed across the globe with the intention of eliminating gender violence. However the ultimate execution of such measures and the guarantee that women will enjoy the fruits of freedom remains the responsibility of the individual countries. With regard to GBV, the South African constitution guarantees individuals the right to both gender equality and freedom, and security of the person.7 It remains the responsibility of all South Africans to ensure that everyone realises these rights. In doing so, government departments remain vehicles for implementation of the constitution, and this includes fighting crime and violence against women and children, the achievement of gender equality, and the empowerment of women. In an attempt to fight crime and violence against women and children, the South African government has put in place the following legislation, policies and programmes Legislation Sexual Offences Amendment Act 32 of 2007 Domestic Violence Act 116 of 1998 National Prosecuting Authority Act 32 of 1998 Criminal Procedure Act Promulgation of the Domestic Violence Act of 1998 Promulgation of Criminal Law Amendment (Sexual Offences and Related Matters) Act 32 of 2007 Human Trafficking Bill Children s Act no. 38 of 2005 as amended by no.41 of 2007 and Act no. 75 of 2008 Children s Care Act Child Justice Act no. 75 of 2008 Review of the Children s Charter SAPS National Instructions, 3/2008 Witness Protection Act 112 of 1998 Liberation Relations Act Promotion of Administrative Justice Act Promotion of Equality and Prevention of Unfair Discrimination Act 4 of Committee on the Elimination of Discrimination against Women, general recommendation No. 19 (1992) on violence against women, Par. 9 5 Committee on the Elimination of Discrimination against Women note 5 par. 24(b) 6 Committee on the Elimination of Discrimination against Women note 5 par. 24(t) 7 Constitution of the Republic of South Africa, Act 108, 1996 (Section 12 (1) (c))

10 2.2.2 Policies and strategies National Crime Prevention Strategy (NCPS) 1996 Justice Crime Prevention Strategy 1999 Service Charter for Victims of Crime in South Africa 2004 Minimum Standards on Services for Victims of Crime 2004 Policy Framework on Orphans and other Children made vulnerable by HIV/AIDS South Africa, 2005 Integrated Victim Empowerment Policy, 2007, Department of Social Development (fourth draft) National policy guidelines for victims of sexual offences, 2008, Department of Justice National Policy Guidelines for Victim Empowerment, Programmes and services provided Protection, support and investigative services for victims of domestic violence Protection, support, investigative and prosecution services for children that are abused sexually and otherwise Thuthuzela Care Centres Victim Empowerment Programme Protective interventions for children in conflict with the law 16 Days of Activism for no violence against women and children 365 Day National Action Plan to End Violence against Women and Children. 2.3 Literature review: key issues People s perceptions and experiences of crime According the Victims of Crime Survey (VOCS) 2011, more than 40 per cent of households believed that the levels of both violent and non-violent crime have decreased in their areas of residence during the period Less than 35 per cent believed that crime has increased, while 25 per cent believed that crime had stayed the same. It is important, however, to take into consideration the fact that domestic violence and gender-based violence cases reflected in the statistics are only a fraction of the real picture. Most domestic violence cases remain unreported. Male-headed households (54.1 per cent) felt that it was safe for them to walk alone during the day, but only 34.1 per cent of the female-headed households felt the same. The majority of the public (60 per cent) expressed the view that government should spend money on social and economic development in order to effectively reduce crime. 21 per cent of households indicated that the resources should be focussed on law enforcement, while only 13 per cent felt that resources should be allocated to the judiciary or courts in order to effectively reduce crime 8. It is clear from the figures that a significant proportion of the respondents felt that the high incidence of crime is due to the low level of socioeconomic development Assault and sexual offences 8 According to the VOCS, assault and sexual offences cases are difficult to capture in a household survey because of their sensitivity, and they remain the most under-reported offences. The survey revealed that most perpetrators were known to their victims. About a third (29.9 per cent) of the victims of assault were attacked by people known to the area, and 20.9 per cent were attacked by a spouse or a partner. Only 10.5 per cent were attacked by unknown people. 8 Statistics SA. 2011: Victims of Crime Survey Pretoria: South Africa

11 About 38.4 per cent of the victims of sexual offences were victimised by known community members. In 2010, about 35.7 per cent of incidents of assault occurred at home; 33.6 per cent of the sexual offences (including sexual assault, rape and domestic sexual abuse) occurred in a field or park, followed by 29.8 per cent that took place at home. More than 90 per cent of the perpetrators of sexual offences used physical force (31.5 per cent using a gun and 24.5 per cent using a knife) Public perceptions of victim support services The survey revealed that the vast majority of households (90.5 per cent) knew of places where they could take victims of crime to access medical services. Almost half (47 per cent) of households did not know where to take someone to access counselling services, and only 16.7 per cent knew where to take a victim of crime for shelter or a place of safety. About 70 per cent of households reported that they would take the victim of crime to access medical services at a hospital or a trauma unit or a local clinic. The survey revealed that only 3 per cent would go to a victim empowerment centre 9 (which implies that the value of the VEC is not known within communities or among beneficiaries). Figure 1: Percentage of households who knew where to take victims to access counselling by institution and by province (2010) Source: Statistics South Africa: Victims of Crime Survey: 2011 Amongst all population groups, the commonly known places to take victims for counselling or psycho-social support are hospitals (64 per cent) and local clinics (64 per cent). Data from the victims survey points to the fact that more work still needs to be done by the relevant stakeholders (including civil society) to raise awareness in terms of the interventions and structures that have been put in place to bring requisite services to the communities for the victims of crime. The community seems unaware of the programmes in place to assist the victims. Very few of the households will go to victim empowerment centres, a shelter, or a Thuthuzela centre for assistance. 3. The findings of the study 9 This is the first monitoring exercise undertaken by the CGE since the inception of the 365 Days NAP. The findings in this report will therefore cover the progress made since the inception of the NAP in The study revealed that the implementation of the plan has faced two types of constraints: broad structural or systemic challenges, and operational challenges. 9 Ibid. 10 A table showing the findings on specific programmes and thematic areas appears at the end of this report.

12 3.1 Broad structural and systemic issues The NAP has faced serious structural and systemic difficulties, which have compromised its implementation. These include lack of coordination, budgetary and funding constraints, poor planning (and associated confusion over roles and responsibilities), lack of capacity, and inadequate monitoring and evaluation Lack of coordination The study found that although the NAP was designed to be comprehensive, inter-sectoral, collaborative and to involve a range of stakeholders (including government structures and civil society), this has proved difficult to achieve in practice due to the lack of coordination since its inception. The IDMT stakeholders were found to be operating in silos and not necessarily implementing the NAP as expected. Departments and other agencies did not appear to take into account the NAP in their routine annual planning processes. Information with regard to the implementation of the Kopanong Declaration was fragmented, which made it difficult for the research team to access the limited information that exists. The IDMT focal points persons were not easy to identify, and then difficult to access. The expectation was that, as part of the IDMT commitment and its efforts to end GBV against women and children, the member departments were to lead the process and ensure effective implementation of the NAP. However, it was evident from the information gathered that government departments did very little in terms of implementation of the plan. It was found instead that independent NGOs such as Sonke Gender Justice and Gender Links had done more in terms of fulfilling their allocated responsibilities towards implementing the NAP. This should be a matter of concern to policy-makers within the crime and justice cluster, given that the independent NGOs that appear to have carried out a greater share of the responsibilities towards the implementation of the NAP are funded by independent donors and not by government. There was lack of coordination between state institutions and civil society organisations in terms of their approaches towards the implementation of the NAP. The task of coordinating the work of the various stakeholder organisations was the responsibility of the National Prosecuting Authority (NPA), and clearly this was not discharged effectively. As a consequence of poor coordination of the efforts of the various stakeholders, it was found that there was no clear definition of roles, resulting in a lack of clear lines of accountability. The failure to institutionalise the IDMT as a structure exacerbated the situation, contributing to inadequacies and inefficiencies in the areas of operational management, poor planning, and lack of monitoring and evaluation. According to a report released by the NPA, the lack of coordination and poor operational performance was caused by lack of funding Budgetary and funding constraints 10 The study revealed that the IDMT departments did not progress satisfactorily, and that not much had been done due to lack of dedicated funding for the execution of the 365 Days NAP within the IDMT member departments. The lack of resource allocation necessary to capacitate the IDMT departments led to difficulties in the coordination and the popularisation of the 365 Days NAP. As indicated above, civil society organisations did far more than government institutions in terms of dedicating resources and prioritising, the implementation of the NAP. The state institutions and government departments that should have shouldered responsibility for the implementation of the NAP, given the public funds they receive annually as part of their service delivery mandates, have achieved far less than independently-funded civil society organisations. State-funded government institutions failed to allocate the necessary resources, and therefore failed to prioritise the implementation of the NAP as expected.

13 It was established that the implementation of the 365 Days NAP was never funded directly throughout much of the public sector, which explains why many government departments have not made much progress in this regard. Any progress achieved by government institutions in terms of implementing the NAP was through the Victims Charter and the Victims Empowerment Programmes. This is mainly because there are numerous commonalities between the VEP and VC programmes on the one hand, and some of the key thematic areas as outlined in the NAP on the other. Lack of funding emerged as a key factor in explaining the lack of progress among state institutions in the implementation of the NAP Poor planning Poor planning was an important constraint on the effective implementation of the NAP. The lack of clearly-defined roles and responsibilities led to a lack of clear lines of accountability, and poor (or even lack of) allocation of resources among the IDMT stakeholders. The Sexual Offences and Community Affairs (SOCA) unit of the NPA was tasked with overseeing both the VEP and the 365 Day plan, but more attention was given to the VEP and less to the implementation of the NAP. This is probably because the lines of accountability relating to the VEP were much clearer, given that it fell under the responsibility of the NPA. Clearly, the lack of clear role definition and the resultant poor lines of accountability were important factors that lay at the heart of the problem of poor planning, which resulted in an inability to allocate and use resources effectively to achieve the objectives outlined in the NAP Capacity building issues The IDMT report (2010) claims that work has been done to build the capacity of IDMT member departments. Also reported as a key achievement is the responder training curriculum that was developed in December 2008 and rolled out in March According to this report, frontline officers at community services centres and police stations, investigations, and detection of sexual offences were among the targeted areas for capacity building among IDMT members, and more than officers were trained. However, the report also reveals that that the Programme Management Unit (PMU) of the IDMT (the structure with a responsibility to implement the NAP) was only established in The PMU currently has five consultants responsible for the implementation of the three strategic pillars (prevention, support, and response), which is clearly inadequate for the purpose of implementing the NAP Monitoring and evaluation According to information obtained from the IDMT, various studies were commissioned focussing on the prevalence of specific types of violence (such as rape and trafficking of persons). The studies included monitoring and evaluation of systems and programmes on GBV. Apparently, these studies enabled the IDMT to capture local variations and differences in contributing factors, and informed responses to GBV. The IDMT also claims that the studies helped in terms of appraisal of existing support services provided to victims and survivors. One such study was apparently conducted in 2010 (the Tsireledzani project) to understand the extent of human trafficking in Southern Africa, and the research team was informed that the findings of that study led to the development of the monitoring, evaluation and reporting system for the Thuthuzela Care Centres (TCCs). 11 However there is no clear evidence of such monitoring and evaluation systems being used with regard to the implementation of the NAP. None of the IDMT departments were even aware of its existence. Such a system of monitoring and evaluation should have enabled the IDMT to

14 monitor and evaluate the effectiveness of implementation of not only the NAP, but also other pieces of legislation (such as the Domestic Violence Act), as well as the effectiveness of support centres such as the TCCs. 3.2 Operational issues at programme level In addition to the broader, systemic challenges facing the implementation of the NAP, there were also operational challenges that affected implementation. The IDMT programme management unit was established in December 2008, comprising five consultants responsible for prevention, support, and response as articulated in the IDMT implementation framework for the 365 Days programme, but it is not clear to what extent they have managed the implementation of the plan. The implementation framework for the 365 Days campaign is anchored on these three strategic pillars (prevention, support, response), and the research findings on operational challenges are clustered according to these three pillars Prevention The prevention pillar of the NAP includes the following priority areas: public education and awareness media and communication advocacy Public education and awareness Responsibility for public education and awareness cuts across every institution. According to the 2010 Gender Justice Barometer report, the challenge identified was that education and awareness programmes are concentrated in urban areas and materials are almost exclusively in English. This means that much of the population of the country does have adequate access to information, which has two important implications. Firstly, information is not being effectively distributed to all South Africans, which is contrary to the democratic principle of equality of access to information. Secondly, the distribution of information is being skewed and targeted towards sections of the population where literacy levels are much higher, with better information and telecommunication infrastructure and distribution networks. The result is that information about crucial social services is not being effectively made available to those who need it most. 12 Sonke Gender Justice has conducted and sustained training and awareness-raising programmes for men and boys around the country. Among these initiatives were the One man can campaign (which provides men with knowledge and awareness training on gender equality, and equips men with information to combat the spread of HIV/AIDS and GBV), the Red Card Campaign (aimed at preventing inter-generational relationships), the Brothers for Life programme (which trains and sensitises men on issues of human rights), and the Refugees Programme (which addresses the problem of xenophobia). It is difficult to determine the extent to which these programmes have contributed towards reducing gender-based violence due to the lack of relevant information. It is crucial for civil society organisations to put in place effective monitoring and evaluation mechanisms to capture information on the impact of these programmes. Lessons learned from the monitoring and evaluation of these programmes could be used to improve other programmes and services aimed at ending gender-based violence. Among the issues raised by public education and awareness are questions about engaging men as well as challenging existing societal norms and harmful cultural practices. Men s organisations across the country are conducting extensive training and awareness-raising work with men and boys. It was also found that the NPA had started an innovative project (i.e.

15 Project Ndabezitha) whereby traditional leaders are being trained on the Domestic Violence Act, and that a training manual has been developed to serve as a reference tool. Once again, the impact of programmes such as this is difficult to assess because information on impact is not being documented. It is therefore not clear, for instance, whether or not traditional leaders are able to handle and resolve cases of domestic violence in accordance with prescribed legal procedures. The IDMT s Tsireledzani project is another a key public awareness campaign, aimed at reducing human trafficking. In terms of this, four provincial task teams were established. The project was introduced at the time of the 2010 Fifa World Cup soccer tournament in South Africa when it was expected that increased demand for sex would lead to a dramatic increase in the cases of human trafficking into South Africa. The IDMT therefore commissioned a study to understand the dynamics of the environment and the factors that contribute to human trafficking. One of the challenges that were identified through the project was the lack of legislation dealing specifically with human trafficking (although the Sexual Offences Act is one piece of legislation aimed at prosecuting human traffickers). It was found that there were deep-seated socio-economic factors and poor cross- boundary regional collaboration to deal effectively with international and regional human trafficking. However no effective interventions have yet been made to deal with the underlying causes. The most common strategy currently used by the authorities to deal with human trafficking is to simply repatriate the victims back to their countries of origin. The CGE conducted a gender opinion survey in 2005, which showed that (despite some progress) there are still entrenched attitudes in society that perpetuate gender-based violence. In order to deal with the widespread sexual violence against girls in schools, the Department of Education was asked to develop relevant programmes and materials for learners, educators, and policy-makers. Materials were developed and distributed in schools across the country. The challenge again is the lack of information on the impact of this intervention in schools, especially in terms of changing attitudes and reducing gender-based violence Media and communication Gender-based violence affects society as a whole, including society s institutions such as the media. It is important that media plays its role in identifying and developing appropriate solutions to deal with gender-based violence. The media is a key role player in terms of communicating gender-related messages. The sector was therefore given the responsibility of reporting sensitively and fairly on gender-based violence. It was regarded as imperative that the media places greater emphasis on how women are portrayed, as this could contribute towards gender inequality. The results of a media monitoring exercise conducted by Gender Links in 2009/10 showed that the South African media had made great strides in reporting on gender violence during the 16 Days of Activism. However an area of concern is whether or not such efforts can be sustained beyond the 16 Days Campaign. The media was supposed to commit to developing and implementing gender policies, and the findings of the media monitoring exercise should be debated with the South African National Editors Forum (SANEF). In particular, media reporting and the use of appropriate language play a crucial role in disseminating information on interventions to curb gender-based violence. In many instances the effectiveness of such interventions depends largely on the effectiveness of dissemination, and the media are vital players in this regard. As indicated above, there are higher levels of literacy in urban areas, which often accounts for better availability of information in urban areas compared to rural areas. The media needs to not only ensure the dissemination of information to areas with lower literacy rates, but also to utilise appropriate forms of communication (such as the use of pictures) to communicate key messages to vulnerable groups. Furthermore, media institutions should take into account the needs of specialised groups such as those with disabilities (e.g. the blind) who are unable to utilise and access conventional or mainstream media products (such as newspapers, magazines or radio broadcasts). 13

16 Working groups were established at the Kopanong Conference in 2007, and the discussion points for the media and communication working group were as follows: how women and men are portrayed in the media, and how this contributes to gender inequality sensational reporting on gender violence education and training of media practitioners the role of community radio in raising awareness about gender violence newsroom policies and regulatory framework challenges faced by journalists in the news rooms During the conference it was emphasised that a shift of mindset in the media industry was crucial, and that news reporters and editors needed training in order to report sensitively on gender issues. It was acknowledged that the media could play an important role in terms of creating awareness and helping to change people s perceptions about violence against women. It was argued that women are vulnerable victims who often do not report their victimisation to the relevant institutions. It was debated whether the situation would be different if more female editors were employed to report on gender violence and related news stories, and there was a feeling that female reporters and editors would be more sensitive towards stories related to violence against women (although some participants argued that the gender of the reporters and editors would not make much difference because they are more influenced by the pressure to meet their deadlines than the subject matter itself). There was a suggestion that the issues relating to gender-based violence should be disseminated through various advocacy strategies, in addition to the print media, radio and television. Participants at the conference suggested that other genres (such various forms of art, music and plays) could be used to transcend language barriers and disseminate information to people on the ground to change their perceptions about gender-based violence. It was emphasised that proactive measures should be developed to disseminate information on strategies to deal with gender-based violence, instead of relying merely on media coverage and news reporting of what has already happened. The need for ordinary people on the ground to be provided with a platform to articulate their stories and experiences was seen as crucial in dealing with gender-based violence instead of relying on the information presented by high-profile leaders and individuals. This is underpinned by the principle that talking to the victims and not about them is more effective in terms of learning from people how they can best be helped. The idea is to avoid solutions being dictated to ordinary people by the experts. Former Deputy Minister of Communications, Roy Padayachie, pointed out the importance of encouraging institutions that train journalists to produce the type of journalists who are gender-sensitive. Conference participants felt that journalists should be proactive in identifying gender stories instead of waiting to be invited to events and conferences in order to get stories on gender issues. 14 There was consensus that community radio stations should play a greater role in disseminating information and creating awareness within their communities on gender-based violence. The Government Communication and Information Service (GCIS), the South African National Editors Form (SANEF) and other key stakeholders need to ensure that issues of gender and gender-based violence are given prominent attention and coverage. While there is little indication of government media involvement in relation to the 365 Days NAP, the Sonke Gender Justice network has been engaging the media around the issue of gender-based violence. The organisation offers talks to different media organisations about gender-related issues, and regularly writes pieces for newspapers such as The Star, the Sunday Times, The Sunday World and others. Their aim is to advocate for men s participation in the fight against violence perpetrated against women and children. Other media institutions such

17 as the SABC (TV and radio) continue to play a visible role in preventing and responding to GBV, as well as informing the public through various programmes such as talk shows and day-time drama series (e.g. Generations) Advocacy A number of civil society organisations are involved in carrying out various forms of advocacy work whereby they employ different strategies to promote awareness of gender-based violence and ways of achieving gender equality. For instance in some of the work carried out by Sonke Gender Justice network, the organisation teaches men about issues of patriarchy and negative forms of masculinities, and how they perpetuate gender-based violence. This work is part of the work that the organisation carries out for the implementation of the 365 Days Programme. Another civil society organisation involved in this work is Gender Links. The organisation has found through its research that gender policies are still under-developed (or even non-existent) within many media organisations in South Africa. As part of its response to the third objective of the NAP, a handbook 11 for journalists was developed, explaining how to report on issues of domestic violence. The document was developed collaboratively by the African Women and Child Information Network (AWC), Gender Links and Inter Press Services. However, the handbook was not widely publicised and is therefore not widely used by journalists Support The support pillar of the NAP includes the following priority areas: economic empowerment infrastructure and places of safety children and vulnerable groups coordination Economic empowerment There is a tendency to define empowerment narrowly, often merely referring to discrete activities (such as a training or skills development initiative). Empowerment needs to be defined more broadly to encompass the ability of people to make decisions that affect their economic situations. Economic empowerment should refer to a process of enabling individuals, including victims of crime and violence, to make economic decisions. According to a report entitled The Nature and Prevalence of Domestic Violence in South Africa (2008), slightly less than half of the victims and survivors of domestic violence (44 per cent) said that they were financially dependent on perpetrators 41 per cent are dependent on the perpetrator for housing for themselves and their children. The respondents in this study were economically vulnerable, the majority of them unemployed and without any regular source of income. As part of the 365 Days National Action Plan, the CGE conducted research into gender in the curriculum in The report revealed that there was no national policy on gender in education, although the report acknowledges progress made in terms of the inclusion of gender equality and women s empowerment into the school curriculum. The Department of Social Development study on the nature and prevalence of domestic violence in South Africa highlights the economic challenges faced by women, and the link to GBV. The Accelerated and Shared Growth Initiative for South Africa (ASGISA) took into account the women and youth sectors in its second economy interventions, with a commitment to intensify policies relevant to these groups. The 2008 Joint Initiative on Priority Skills Acquisition (JIPSA) annual report says that by March 2008, people had been registered for artisan training since the founding Inter Press Service (IPS) Africa, Fighting Violence against Women: A Training Manual for Journalists