Date: 10/09/2004
Source: Ministry of Correctional Services
Title: C Gillwald: South African Intersect Coalition National Conference
ADDRESS BY THE DEPUTY MINISTER OF CORRECTIONAL SERVICES, MS CHERYL GILLWALD, (MP), AT THE SOUTH AFRICAN INTERSECT COALITION NATIONAL CONFERENCE, Durban, 10 September 2004
Linking violence against women, HIV/AIDS and the 16 Days of Activism
Programme Director,
Members and leaders of Intersect World-wide,
Distinguished Guests,
Ladies and Gentlemen
Thank you for this opportunity. This is the third day of your deliberations; you have, no doubt, gained new insights, networked, shared experiences and swelled your brains with newfound wisdom. This poses somewhat of a challenge for me - sounding inspirational and inspired might be a little difficult with an audience so erudite on the subject that lies before us.
I will take solace from a wise Tswana expression, which says Moja morago ke kgosi. (Loosely translated into English it means: whoever is last to do something is regarded as a king!). To take this even further, I am the last in a long line of really good speakers, so that makes me the king of kings! Ngiyabonga Makosikazi!
We are, all of us, acutely aware how race, class and gender conspire to position women - especially rural, African women, at the very bottom of the human rights hierarchy. Adding to this mix the element of violence (even the mere threat of violence) thrusts these already marginalised women and girls into a space that affords little likelihood of resilience to crime and especially violent crime.
There is a further aspect of the violence cycle that exacerbates the already precarious position of vulnerable women and girls. We already know that coercive sex exposes women to a higher risk of HIV infection. Even when coercion is not exercised it is difficult for women in abusive relationships to negotiate safer sex. And then, having succumbed to the unprotected sexual assault of a violent perpetrator, women who then make public their HIV status may be at risk of further violence from partners and their communities. Stigma and stereotype connive to throw up barriers that make it almost impossible for victims and survivors to ask for help.
It is no wonder - that even when access to redress or treatment is available, and this is often not the case - women choose to remain silent about abuse and or their HIV statuses.
We thus find ourselves speaking for those too afraid to do so. We do this not out of arrogance, but rather because we know that "as awareness increases, the need for personal secrecy almost proportionately decreases"(1) By "we" I mean organisations such as Intersect, women's interest groups and NGOs, government and other networks of concerned people and institutions that strive for the vision of equality that is fundamental to our Constitution and Bill of Rights - the kind of lived and experienced equality that invalidates the punitive effects of discrimination, domination and patriarchy.
The Intersect Coalition, through its systematic links with civil society groups, engages actively with government to populate our human and social development agenda with key issues that directly affect vulnerable groups. Your work in communities has touched the lives of many of these people. And as we celebrate our achievements over the past ten years, we do so cognisant of the fact that government alone - without the strategic links to civil society that have been developed - would have been rendered near ineffectual in the face of the many profound challenges that face our fledgling democracy.
Even a superficial evaluation of our achievements over the past ten years would render the conclusion that remarkable progress has been made in ameliorating the damaging effects of centuries of discrimination and intolerance that was the lot of the majority of our people. And while good progress has been made, we must concede that much remains to be done.
For example, we have set in place superior and internationally recognised legal and other frameworks aimed at achieving gender equity - the Domestic Violence Act, the Employment Equity Act, the triptych of Equality legislation and the recently agreed-to Sectoral Charters aimed at broad-based Black Economic Empowerment, to mention just of few of the many statutory and not statutory measures that have been instituted.
Why then, do South African women continue to operate on the margins of the mainstream? It is a simple fact that laws and charters alone are not adequate protection against the profoundly discriminatory attitudes and practices that continue to permeate the social environments in the home, in the community and the workplace.
The transformation agenda within the Criminal Justice System has sought not only to make service providers more representative of national demographics, but also to transform the kind of service that has been rendered, both in terms of context and content. These are lofty ideals and we will continue to drive towards achieving the kind of Criminal Justice System which we know is a prerequisite for the achievement of the real, substantive social justice envisaged in our Constitution.
Viewed from the perspective of the female service receiver, the Criminal Justice System often presents a totally different reality from the one to which we aspire - even in relative terms. For many women secondary victimisation, informed by stereotypical and patriarchal attitudes, has discouraged attempts at amelioration and redress.
Women who do brave the ministrations of the Criminal Justice System tend to find themselves stranded between two equally debilitating and ill-founded perceptions - that of the passive, weak and vulnerable victim on the one hand or the wily, provocative and morally-depraved vixen on the other. The response of the system is either to coddle, or to punish harshly and disproportionately. Releasing the Criminal Justice System from the confines of bigotry and stereotype will allow it to accommodate the notions that victims are capable of healing and empowerment and that vindictive punishment is no substitute for rehabilitation and development.
Perhaps one of the downfalls in our legislation is its gender neutrality. By that I mean that some of our legislation does not accommodate or reflect the unique circumstances of men and women. The lived reality is that gender-neutral legalisation preoccupies itself with superficial equality and not the substantive equality for which we all strive. Textually is all looks very good, but unless legislation is designed to achieve equality of outcome the law itself becomes discriminatory.
The same pattern is repeated in the delivery of police services: While, on one hand, the police play a significant role in securing the successful finalisation of abuse and violence matters, where women and children are the victims, our measures to avoid dismissal or withdrawal of cases lack the necessary gravitas to achieve the critical mass of success that would turn the tide against gender-based violence. The gendered nature of these crimes is dissipated by the focus on criminality and transgression of the Criminal Code. There is also the challenge of giving other crimes, such as murder and robbery, priority over violence directed at women or girls because the transgression is seen as relatively less important - the so-called "soft" crimes.
Prosecutors, too, often fail to understand the fine balance between representing the interests of the state and compromising the rights of women. This bias may result in critical evidence being omitted. So too, the gendered nature of the crime is often overlooked and the impact on the woman is not fully understood or catered for in the law. Equality of outcome is simply not a criterion for management of a case.
Besides the fact that most judges and magistrates are men, their family backgrounds, educational history, professional experience, personal political beliefs - all influence the manner in which they interpret legislation, common law and rules of procedure. Interpretations of the law tend to rely on the textual versions of already described gender-neutral legislation. This, combined with stereotypical perceptions (at worst, bigoted misogyny) proves a lethal antidote to the achievement of equality of outcome.
So, despite the slew of enabling and empowering legislation that has been passed since 1994, women continue to face marginalisation and discrimination in their homes, communities and workplaces. The reason, of course, is that equality cannot be realised solely through legislation. Equality is a value that needs to be shared and upheld by the entire community - women and men alike. Institutions, too, need to internalise this value and make their environments affirming to all those that enter them. It's a paradigm shift - a mental gear change - that is required. The values of equality, respect and dignity need to take hold in the collective psyche if we are to put an end to the violence that is currently being directed at our country's women and children.
Making people understand the relationships between the presence or threat of violence and equality is essential. It is an established fact that societies demonstrating a low prevalence of violence show higher levels of equality between the sexes. In her exposition on the indivisibility of human rights in the Human Development Report 2000, Mary Robinson interprets the freedom of fear as critical to the achievement of political, economic and social rights. The right to achieve one's full personal potential must then be heavily compromised by the presence or threat of violence.
Making men and women - in all walks of life - aware of the many faces of violence is essential. Inducing in them changed attitudes and changed behaviour is equally essential, but far more difficult to achieve. People must see the benefit in the proposed change. I see our challenge as convincing men that equality is in everyone's best interests - its good for families, it is the first line of defence in the reduction of crime and it makes good business sense. So too, the reduction in violence directed at women and children must be put in a way that achieves buy-in and commitment. Tell a businessman that woman-abuse is wrong, he'd probably agree, but do nothing. Show him how much it costs him in down-time and absenteeism, and he'll probably take a second look. The moral argument - it's the right thing to do - often seems nebulous and abstract. Show people the real benefit and they'll soon be attracted to the moral high-ground.
Across the board, there is a need to bridge the divide between the apparently gender-specific measures we have put in place and the achievement of outcomes that speak to substantive equality. Our role as activists - in government, in civil society and in the private sector is pivotal.
Our President has shown a strong commitment to the affirmation of women. No less than 10 female Ministers and 12 female Deputy Ministers occupy the ranks of our executive branch of government. As women occupying these positions we must now convert the positions to which we have been appointed into relationships with women in other sectors. We must synergies our strategies to ensure that women occupying positions in male-centric institutions influence the quality of decisions in favour of achieving the true emancipation of women at all levels of society.
We must seize the moment to build allies for a new and inclusive feminist agenda and we must determine a new approach. We must put in place a network of people who share our new vision. We must unite the voices within the women's movement to become even stronger players in the policy arena and in the human and social development agenda. As women, we must carve our role as institutional players in national (and global) decision-making structures.
A parliamentary Report on violence against women, issued in May 2002, noted the involvement of civil society and its significant contribution to the fight against woman- and child abuse.
The report commended the efforts of the many NGOs that have stepped into the breach. Without their interventions, government would not have been able to offer the levels of counselling and administrative services that are currently being offered to victims of abuse in our courts, in our police stations and in the many Social Development offices around the country. We are deeply indebted to the people who provide these voluntary services on a daily basis.
I have to confess that my emphasis on the importance of networking like-minded NGOs with Government and the Private Sector is not entirely altruistic! As you probably know, the Presidency has designated the Department of Correctional Services as the lead department in this year's 16 Days of Activism Campaign.
We are - all of us - denigrated by each incident of violence, abuse and hurt that is directed at our country's women and children. By participating in this campaign you will contribute to the real democratisation of our country by calling for an end to the suffering that has become the awful burden of our women and children.
We have over the past few years tried to encourage more and more organisations and constituencies to participate in the Campaign. Our request for support is not prescriptive - we simply ask that you mobilise within your specific sphere of influence by supporting the White Ribbon of Solidarity Campaign and by initiating activities that highlight the negative impact of violence on women and children. Feed the information on what you are doing into the national calendar of activities and ensure that you engage the "unconverted." There is a whole list of things that you can do and here are some suggestions:
* raise money for a shelter for victims of violence in your area;
* support our national postcard campaign
* wrap a building in a huge white ribbon
* ascertain from your employer whether a reliable policy exists on sexual harassment and if not ensure that one is set in place;
* spread the message "Unite against women and child abuse" in your advertising and organisational publications;
* have your employer spread the message on statements and payslips;
* put together a workshop
* write letters and opinion pieces to the newspaper
* encourage your local radio station to talk about the issues
* buy and distribute white ribbons of solidarity from a women's empowerment initiative
* get your local church to participate in this initiative.
What is important is that we run this campaign together. We must expose more people to the vicious and debilitating nature of violence, not only on women and children, but on whole societies. Our efforts each year must convince more people to take a stand and to become proactive agents of change - partners in the elimination of all forms of gender-based and child-directed violence.
Involve men in your processes. It is unhelpful, I believe, to cast men as the no-hopers; the unrelenting perpetrators of violence. They should, rather, be convinced of the essential role that they have to play in putting an end to this scourge.
Engage the youth. Get boys and girls to engage in discussions about relationships and sensitise them to the learned behaviours that they must jettison if they are to be truly free.
We all have a role to play. And perhaps there is one aspect of the campaign that we should not forget: the campaign for equality in our own homes. During this coming 16 Days of Activism we should analyse our commitment to ending the violence in terms of the way that we raise our sons and daughters. Surely the way we relate to our spouses speaks volumes to our children and sets the basis for their understanding of the power relations that exist between the sexes?
We must see ourselves as the custodians of one another's dignity and this should guide us as we relate to our families, our neighbours and our communities.
Thank you!
(1) Chauld de Pauler
For more information contact: Joseph Mohajane Cell: 082 567 7538
Issued by: Ministry of Correctional Services
10 September 2004
Source: Ministry of Correctional Services
Title: C Gillwald: South African Intersect Coalition National Conference
ADDRESS BY THE DEPUTY MINISTER OF CORRECTIONAL SERVICES, MS CHERYL GILLWALD, (MP), AT THE SOUTH AFRICAN INTERSECT COALITION NATIONAL CONFERENCE, Durban, 10 September 2004
Linking violence against women, HIV/AIDS and the 16 Days of Activism
Programme Director,
Members and leaders of Intersect World-wide,
Distinguished Guests,
Ladies and Gentlemen
Thank you for this opportunity. This is the third day of your deliberations; you have, no doubt, gained new insights, networked, shared experiences and swelled your brains with newfound wisdom. This poses somewhat of a challenge for me - sounding inspirational and inspired might be a little difficult with an audience so erudite on the subject that lies before us.
I will take solace from a wise Tswana expression, which says Moja morago ke kgosi. (Loosely translated into English it means: whoever is last to do something is regarded as a king!). To take this even further, I am the last in a long line of really good speakers, so that makes me the king of kings! Ngiyabonga Makosikazi!
We are, all of us, acutely aware how race, class and gender conspire to position women - especially rural, African women, at the very bottom of the human rights hierarchy. Adding to this mix the element of violence (even the mere threat of violence) thrusts these already marginalised women and girls into a space that affords little likelihood of resilience to crime and especially violent crime.
There is a further aspect of the violence cycle that exacerbates the already precarious position of vulnerable women and girls. We already know that coercive sex exposes women to a higher risk of HIV infection. Even when coercion is not exercised it is difficult for women in abusive relationships to negotiate safer sex. And then, having succumbed to the unprotected sexual assault of a violent perpetrator, women who then make public their HIV status may be at risk of further violence from partners and their communities. Stigma and stereotype connive to throw up barriers that make it almost impossible for victims and survivors to ask for help.
It is no wonder - that even when access to redress or treatment is available, and this is often not the case - women choose to remain silent about abuse and or their HIV statuses.
We thus find ourselves speaking for those too afraid to do so. We do this not out of arrogance, but rather because we know that "as awareness increases, the need for personal secrecy almost proportionately decreases"(1) By "we" I mean organisations such as Intersect, women's interest groups and NGOs, government and other networks of concerned people and institutions that strive for the vision of equality that is fundamental to our Constitution and Bill of Rights - the kind of lived and experienced equality that invalidates the punitive effects of discrimination, domination and patriarchy.
The Intersect Coalition, through its systematic links with civil society groups, engages actively with government to populate our human and social development agenda with key issues that directly affect vulnerable groups. Your work in communities has touched the lives of many of these people. And as we celebrate our achievements over the past ten years, we do so cognisant of the fact that government alone - without the strategic links to civil society that have been developed - would have been rendered near ineffectual in the face of the many profound challenges that face our fledgling democracy.
Even a superficial evaluation of our achievements over the past ten years would render the conclusion that remarkable progress has been made in ameliorating the damaging effects of centuries of discrimination and intolerance that was the lot of the majority of our people. And while good progress has been made, we must concede that much remains to be done.
For example, we have set in place superior and internationally recognised legal and other frameworks aimed at achieving gender equity - the Domestic Violence Act, the Employment Equity Act, the triptych of Equality legislation and the recently agreed-to Sectoral Charters aimed at broad-based Black Economic Empowerment, to mention just of few of the many statutory and not statutory measures that have been instituted.
Why then, do South African women continue to operate on the margins of the mainstream? It is a simple fact that laws and charters alone are not adequate protection against the profoundly discriminatory attitudes and practices that continue to permeate the social environments in the home, in the community and the workplace.
The transformation agenda within the Criminal Justice System has sought not only to make service providers more representative of national demographics, but also to transform the kind of service that has been rendered, both in terms of context and content. These are lofty ideals and we will continue to drive towards achieving the kind of Criminal Justice System which we know is a prerequisite for the achievement of the real, substantive social justice envisaged in our Constitution.
Viewed from the perspective of the female service receiver, the Criminal Justice System often presents a totally different reality from the one to which we aspire - even in relative terms. For many women secondary victimisation, informed by stereotypical and patriarchal attitudes, has discouraged attempts at amelioration and redress.
Women who do brave the ministrations of the Criminal Justice System tend to find themselves stranded between two equally debilitating and ill-founded perceptions - that of the passive, weak and vulnerable victim on the one hand or the wily, provocative and morally-depraved vixen on the other. The response of the system is either to coddle, or to punish harshly and disproportionately. Releasing the Criminal Justice System from the confines of bigotry and stereotype will allow it to accommodate the notions that victims are capable of healing and empowerment and that vindictive punishment is no substitute for rehabilitation and development.
Perhaps one of the downfalls in our legislation is its gender neutrality. By that I mean that some of our legislation does not accommodate or reflect the unique circumstances of men and women. The lived reality is that gender-neutral legalisation preoccupies itself with superficial equality and not the substantive equality for which we all strive. Textually is all looks very good, but unless legislation is designed to achieve equality of outcome the law itself becomes discriminatory.
The same pattern is repeated in the delivery of police services: While, on one hand, the police play a significant role in securing the successful finalisation of abuse and violence matters, where women and children are the victims, our measures to avoid dismissal or withdrawal of cases lack the necessary gravitas to achieve the critical mass of success that would turn the tide against gender-based violence. The gendered nature of these crimes is dissipated by the focus on criminality and transgression of the Criminal Code. There is also the challenge of giving other crimes, such as murder and robbery, priority over violence directed at women or girls because the transgression is seen as relatively less important - the so-called "soft" crimes.
Prosecutors, too, often fail to understand the fine balance between representing the interests of the state and compromising the rights of women. This bias may result in critical evidence being omitted. So too, the gendered nature of the crime is often overlooked and the impact on the woman is not fully understood or catered for in the law. Equality of outcome is simply not a criterion for management of a case.
Besides the fact that most judges and magistrates are men, their family backgrounds, educational history, professional experience, personal political beliefs - all influence the manner in which they interpret legislation, common law and rules of procedure. Interpretations of the law tend to rely on the textual versions of already described gender-neutral legislation. This, combined with stereotypical perceptions (at worst, bigoted misogyny) proves a lethal antidote to the achievement of equality of outcome.
So, despite the slew of enabling and empowering legislation that has been passed since 1994, women continue to face marginalisation and discrimination in their homes, communities and workplaces. The reason, of course, is that equality cannot be realised solely through legislation. Equality is a value that needs to be shared and upheld by the entire community - women and men alike. Institutions, too, need to internalise this value and make their environments affirming to all those that enter them. It's a paradigm shift - a mental gear change - that is required. The values of equality, respect and dignity need to take hold in the collective psyche if we are to put an end to the violence that is currently being directed at our country's women and children.
Making people understand the relationships between the presence or threat of violence and equality is essential. It is an established fact that societies demonstrating a low prevalence of violence show higher levels of equality between the sexes. In her exposition on the indivisibility of human rights in the Human Development Report 2000, Mary Robinson interprets the freedom of fear as critical to the achievement of political, economic and social rights. The right to achieve one's full personal potential must then be heavily compromised by the presence or threat of violence.
Making men and women - in all walks of life - aware of the many faces of violence is essential. Inducing in them changed attitudes and changed behaviour is equally essential, but far more difficult to achieve. People must see the benefit in the proposed change. I see our challenge as convincing men that equality is in everyone's best interests - its good for families, it is the first line of defence in the reduction of crime and it makes good business sense. So too, the reduction in violence directed at women and children must be put in a way that achieves buy-in and commitment. Tell a businessman that woman-abuse is wrong, he'd probably agree, but do nothing. Show him how much it costs him in down-time and absenteeism, and he'll probably take a second look. The moral argument - it's the right thing to do - often seems nebulous and abstract. Show people the real benefit and they'll soon be attracted to the moral high-ground.
Across the board, there is a need to bridge the divide between the apparently gender-specific measures we have put in place and the achievement of outcomes that speak to substantive equality. Our role as activists - in government, in civil society and in the private sector is pivotal.
Our President has shown a strong commitment to the affirmation of women. No less than 10 female Ministers and 12 female Deputy Ministers occupy the ranks of our executive branch of government. As women occupying these positions we must now convert the positions to which we have been appointed into relationships with women in other sectors. We must synergies our strategies to ensure that women occupying positions in male-centric institutions influence the quality of decisions in favour of achieving the true emancipation of women at all levels of society.
We must seize the moment to build allies for a new and inclusive feminist agenda and we must determine a new approach. We must put in place a network of people who share our new vision. We must unite the voices within the women's movement to become even stronger players in the policy arena and in the human and social development agenda. As women, we must carve our role as institutional players in national (and global) decision-making structures.
A parliamentary Report on violence against women, issued in May 2002, noted the involvement of civil society and its significant contribution to the fight against woman- and child abuse.
The report commended the efforts of the many NGOs that have stepped into the breach. Without their interventions, government would not have been able to offer the levels of counselling and administrative services that are currently being offered to victims of abuse in our courts, in our police stations and in the many Social Development offices around the country. We are deeply indebted to the people who provide these voluntary services on a daily basis.
I have to confess that my emphasis on the importance of networking like-minded NGOs with Government and the Private Sector is not entirely altruistic! As you probably know, the Presidency has designated the Department of Correctional Services as the lead department in this year's 16 Days of Activism Campaign.
We are - all of us - denigrated by each incident of violence, abuse and hurt that is directed at our country's women and children. By participating in this campaign you will contribute to the real democratisation of our country by calling for an end to the suffering that has become the awful burden of our women and children.
We have over the past few years tried to encourage more and more organisations and constituencies to participate in the Campaign. Our request for support is not prescriptive - we simply ask that you mobilise within your specific sphere of influence by supporting the White Ribbon of Solidarity Campaign and by initiating activities that highlight the negative impact of violence on women and children. Feed the information on what you are doing into the national calendar of activities and ensure that you engage the "unconverted." There is a whole list of things that you can do and here are some suggestions:
* raise money for a shelter for victims of violence in your area;
* support our national postcard campaign
* wrap a building in a huge white ribbon
* ascertain from your employer whether a reliable policy exists on sexual harassment and if not ensure that one is set in place;
* spread the message "Unite against women and child abuse" in your advertising and organisational publications;
* have your employer spread the message on statements and payslips;
* put together a workshop
* write letters and opinion pieces to the newspaper
* encourage your local radio station to talk about the issues
* buy and distribute white ribbons of solidarity from a women's empowerment initiative
* get your local church to participate in this initiative.
What is important is that we run this campaign together. We must expose more people to the vicious and debilitating nature of violence, not only on women and children, but on whole societies. Our efforts each year must convince more people to take a stand and to become proactive agents of change - partners in the elimination of all forms of gender-based and child-directed violence.
Involve men in your processes. It is unhelpful, I believe, to cast men as the no-hopers; the unrelenting perpetrators of violence. They should, rather, be convinced of the essential role that they have to play in putting an end to this scourge.
Engage the youth. Get boys and girls to engage in discussions about relationships and sensitise them to the learned behaviours that they must jettison if they are to be truly free.
We all have a role to play. And perhaps there is one aspect of the campaign that we should not forget: the campaign for equality in our own homes. During this coming 16 Days of Activism we should analyse our commitment to ending the violence in terms of the way that we raise our sons and daughters. Surely the way we relate to our spouses speaks volumes to our children and sets the basis for their understanding of the power relations that exist between the sexes?
We must see ourselves as the custodians of one another's dignity and this should guide us as we relate to our families, our neighbours and our communities.
Thank you!
(1) Chauld de Pauler
For more information contact: Joseph Mohajane Cell: 082 567 7538
Issued by: Ministry of Correctional Services
10 September 2004
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