26 April 2001
As we prepare ourselves for the celebration of the 7th Anniversary of Democracy in South Africa, we need to examine the extent to which we have made progress in relation to the former President, Dr Nelson Mandela as espoused in his State of the Nation speech in April 1994. In that speech he stressed that "it is virtually important that all structures of Government, including the President himself, should understand this fully that freedom cannot be achieved unless the women have been emancipated from all forms of oppression". We therefore need to look back at this stage to see if this dream has been translated into reality. Yes, we need to look at how the different actors in this effort have played their role in promoting gender equality, These include the government, civil society organisations, and private sector.
Government's commitment
After the new Constitution was adopted in 1996, the Commission on Gender Equality was one of the six chapter nine institutions established to support democracy. Its mandate is to promote respect for gender equality and the protection, development and attainment of gender equality. The government also created other national structure aimed at insuring gender equality. These include the Parliament joint standing committee on the improvement of the quality of life and the Status of Women, and the Office in the Status of Women.
At global level the new government ratified Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) 1995. This UN tool commits the Government to introduce measures to help protect the basic rights of women thus eliminating direct and individual discrimination. The government is also highly commended for its inclusion of a high percentage of women parliamentarians in both the 1994 and the 1999 terms. The government competes with the most progressive countries in the world and definitely lead in Africa.
ACTS PASSED
As an indication of its commitment to gender equality, the government passed some Acts. The following are some of those Acts: Choice on Termination of Pregnancy Act was one of the first Acts to be passed and it gave women a choice in their reproductive health. Although it raised some controversy, especially from religious sectors, it seems to have brought relief to millions of women.
The Employment Equity Act of 1998 prohibits discrimination in the work place and puts a remedy for employees who are discriminated against and promote equality.
The two Acts passed in 1998 namely the Maintenance Act No 99 of 1998 and the Domestic Violence Act No 116 0f 1998 have come as victory for women and families in South Africa. There is need for rigorous monitoring processes to ensure that these laws are not just rhetoric but practical enough to ensure the improvement of lives of South Africans at large.
Recognition of Customary Marriages Act No 120 which came into effect on 15 November 2000. This Act protects women in polygamous marriages, gives women equal status with their spouses and enables them to own, acquire and dispose of property. It also gives them equal rights to inheritance. This is one of the laws that have become gender sensitive since the new dispensation and have gone a long way to improve lives of women compared to the apartheid era.
The Promotion of Equality and Prohibition of Unfair Discrimination Act was passed in January 2000. This legislation seeks to advance equality in private and public life.
Civil Society Organisations
NGO's have been involved in advocating and lobbying for women rights and gender equality. These include amongst others, bodies such as Women against Violence Network, Women's National Coalition and Action Treatment Group. Some concentrate on specific areas such as victimisation of women and men living with AIDS.
Private Sector
Some companies in the Private sector are committed to the process of transformation especially advancing gender equality. The degree at which this is done differs from company to company. The majority of companies have formulated and implemented gender equality policies.
Conclusion.
Looking back, an effort has been made to achieve the dreams for a democratic and non-sexist society. A lot of progressive laws have been passed which promote gender equality. A challenge lies a head of all South Africans to assist in the implementation of those laws and in attempting to improve the lives of the majority of South African women and men. As the CGE celebrates this seventh anniversary and the organisation enters a new term of its existence, there is a need to join other South Africans and take stock of some of the achievements made. It is also imperative that South Africans re-kindle their enthusiasm and sustain the good work already started in the past seven years!!!
Joyce Piliso-Seroke
Chairperson Commission on Gender Equality.