Human Rights Watch report: Sexual Violence against Girls in SA Schools

Meeting report

JOINT MONITORING COMMITTEE ON CHILDREN, YOUTH AND PERSONS WITH DISABILITIES
28 March 2001
COMMITTEE PROGRAMME 2001; SEXUAL ABUSE IN SOUTH AFRICAN SCHOOLS, "SCARED AT SCHOOL" HUMAN RIGHTS WATCH REPORT

Chairperson: Ms H I Bogopane (ANC)

Relevant Documents:
Committee Programme 2001 (See Appendix 1)
"Scared at School", Sexual Abuse in South African Schools, Human Rights Watch Report

Supplementary document:
Draft Response by Ministry of Education to Human Rights Watch report (See Appendix 2)

SUMMARY
The Committee reviewed its Programme for 2001 and were briefed by a consultant from Human Rights Watch in the United States on the sexual abuse of girls in South African schools.

Perpetrators were found to be both teachers and other students. The responses from schools where abuse was identified was largely denial. Teachers, if confronted or challenged, were likely to move on to take a teaching position in another school.

The Chairperson said the Committee endorses and accepts the report but acknowledges its gaps, particularly that schools for students with disabilities were left out. Ms George conceded the omission of schools for students with disabilities in the report represents a significant gap. She apologised to the Chairperson for the omission. Neither were rural areas part of the report. However, the report does not focus exclusively on schools with black majorities.

MINUTES
The Chairperson briefly reviewed the Committee Programme 2001.

Ms Erika R George, a lawyer and consultant with Human Rights Watch in the United States, presented the report she researched and wrote for that organisation on the sexual abuse of girls in South African schools. The ages of the sample group of girls ranged from seven to seventeen.

Perpetrators were found to be both teachers and other students. The responses from schools where abuse was identified was largely denial, indifference and a hesitancy to confront the perpetrators. Teachers, if confronted or challenged, were likely to move on to take a teaching position in another school and the matter at the first school would end.

Most of the abuse, however, was found to take place between students. Ms George said there was no random violence; in all cases, violence had been preceded by previous interaction. Girls were often targeted when they were perceived to be arrogant. A boy whose interest in a girl was not returned would become her abuser. Girls who are good students were also targeted for abuse from boys. Threats from boys against girls were almost always sexualised ie rape is a common threat.

A common impact on girls is that they cannot focus on their studies or even drop out of school. When they report the abuse they have experienced, they are frequently not believed or taken seriously. Girls will often "forgive" their abusers and try to move on; in fact, they feel helpless and give up.

Discussion
(Q) A male member asked what about guidance departments and services at schools.

(A) Ms George said each school does not have a specific person to provide guidance. If guidance services exist, a student may have to travel some distance to access them. Students are most likely to turn to a trusted teacher. After a teacher has been told of what is happening to a student, what she will do, if anything, is her choice.

(Q) Mr Mkhaliphi (ANC) asked if students are aware a teacher who is a perpetrator can be fired.

(A) Ms George replied most students seem to be ignorant of their rights. The new legislation, the Employers of Educators Act,looks good on paper, bur few students are aware of it. When a student is sexually abused at school, not only is her right to bodily integrity violated, but also her right to education. In addition, when a school is aware a student being abused, it has an obligation to report the perpetrator. But so far no school has been prosecuted for a failure to report.

(Q) An ANC member asked if there had been any prosecutions or convictions.

(A) Ms George said there is a hesitancy to prosecute in cases involving minors and students. Also, cases involving minors can take up to twice the time of a case involving adults. This means boys can abuse with impunity; not much is done to deter or punish them. Ms George suggests it is important to look at the liability of a school for failure to report.

(Q) The Chairperson asked if "special schools", ie schools for students with disabilities, had been included in the report.

(A) Ms George said she had not visited any schools for students with disabilities, although she had interviewed the parents of a girl whose case was being prosecuted. The appeal is still pending. She admitted the omission of schools for students with disabilities is a gap in the report.

(Q) The Chairperson, Ms Bogopane, said the Committee endorses and accepts the report but acknowledges its gaps, particularly that schools for students with disabilities were left out. She asked the Committee to consider how vulnerable girls with disabilities are in comparison with their able-bodied sisters. The Chairperson confided this was a very difficult meeting for her to chair since sexual abuse had been her experience while she was a student in a "special school". The memories of these experiences continue to be very present in her life. She suggested the government ask itself why students with disabilities attending "special schools" want to be integrated at schools with able-bodied students. Teachers are empowered by the system So many teachers who are guilty of sexual offences against their students are still teaching. She said people with disabilities must be courageous.

(A) Ms George conceded the omission of schools for students with disabilities in the report represents a significant gap. She says she stands corrected and apologised to the Chairperson for the omission.

(Q) Mr Dithebe (ANC) asked why the Northern Province and the Eastern Cape were omitted from the report.

(A) Ms George agreed rural areas were not part of the report; resources were inadequate for their inclusion.

(Q) A member asked if schools have codes of conduct.

(A) Ms George responded whereas codes are there, they are rarely heeded. There no penalties for the violation of codes.

The Chairperson asked Committee members to consider what the extent of their involvement as a monitoring body could be in the process of restructuring schools.

Ms George went over the report's recommendations. (See Report)

The Chairperson asked the Committee how they could co-ordinate the recommendations of the report. They need to develop monitoring mechanisms, since the campaign on children's rights has been intensified.

(Q) Mr Morkel (NNP) asked why the recommendations focus on "strategy" rather than being more "specific". He also asked about taxi queens.

(A) Ms George said the recommendations are intentionally not specific. It is important that people talk about their experiences, all of which are specific to that person and that situation. She said taxi queens are discussed in the book and many girl students feel anxious when travelling back and forth to school.

(Q) Ms Gandhi (ANC) suggested they make a code of conduct for educators and call police and investigators. Preventive work must be done.

Mr Dithebe said they must remember they have inherited a violent society as a result of apartheid but cannot blame it for everything. He said the report is complemented by the television show Yizo Yizo. The two should be looked at holistically.

(Q) The Chairperson asked if they had looked at black schools only.

(A) Ms George replied no, she had looked at schools with students and teachers of all colours, although she had decided not to "race identify" in the report. This is because, after doing the research, she found that race did not seem to be a factor or have an impact. She noted that people who are poor are more vulnerable. She did mention white schools seemed to be more "closed" and there was more denial that sexual abuse was happening. Ms George also said the abuse of girls is disproportionate to that of boys, although boys are less likely to disclose; they suffer in silence.

The Chairperson asked that this gap be noted, that not enough white schools were considered in the report. She said there is a sense that white people are closed but the rights of white children are also being violated. She added the sexual abuse of boys should also be looked into. She recommended the Committee meet with the Education and Social Welfare Portfolio Committees, using the report as a foundation. She suggested they ask Human Rights Watch to broaden its sampling in its subsequent research and specifically that they not omit people with disabilities.

The meeting was adjourned.

Appendix 1
Joint Monitoring Committee on the Improvement of Quality of Life and Status of Youth, Children and Persons with Disabilities
Committee Programme 2001

28 March Human Rights Watch Report

9 May UNICEF/UNDP training on functions of the UN
16 May Briefing by Trade and Industry
Consideration of Report on Trip to Germany
Celebration of International Children's Day
23 May Presentation by Status of the Child on Yes Campaign
Preparatory Meeting for the UN Special Session in September
30 May Umsobomvu Fund and Public Service Commission

6 June Finalisation of UN issues
Preparatory Meeting
Consider OSDP Report
Prepare for Youth Day
13 June Safety and Security on Children's Special Units
UN Preparatory Meeting
20 June Report back on UN Preparatory Meeting
Prepare for Conference on Mental Health
27 June Health Department
Consideration of 2020 Report
Status of Child

11 July Men's Forum on Sexual and Domestic Offences
22 - 27 July World Congress on Mental Health

22 August National Youth Commission
29 August OSDP Status Report

5 Sept Status of the Child
12 Sept Joint Sitting with Status of Women - discuss status of girl child, evaluation of Maintenance Act, Domestic Violence Act
19 - 21Sept Special Session on Children
Rehab International Conference in Beirut
19 Sept Consider ILO Convention
Report back and evaluation of Special Session on Children
26 Sept Report and evaluation of Special Session

3 Oct National Children's Day
Provincial Visit
10 Oct Report back on Provincial Visit
Public Works
Disability Budget
OSDP
17 Oct Khula & Ntsika
24 Oct Training on the OAU
31 Oct Department of Public Service and Administration

7 Nov Child Trafficking
Housing

14 Nov Evaluation of Impact of Committee for past 6 months

Appendix 2:
SCARED AT SCHOOL: Sexual Violence against Girls in South African Schools - A Report by the Human Rights Watch

Draft Response by Ministry of Education: 28 March 20001

The Ministry of Education welcomes the publication by the Human Rights Watch
of the report on Sexual Violence Against Girls in South African Schools.
This is a matter of great concern to the Ministry and the report rightly
serves to focus the attention of the entire country on this matter.

For some years now the Ministry has been grappling with issues of sex-based
and gender-based violence in our educational institutions. We have been
particularly concerned that non-action by the Ministry would compromise not
only the security and safety of female students but their right to education
as well. Various mechanisms have as a result been put in place in the system
to meet the various challenges that this matter presents. What has been of
immense help in the publication of the report however, has been getting an
outsider's view on where the problems are and to make firm recommendations
on how they can be addressed. We are already studying the report and will
look at how the recommendations are taken up to strengthen what we are
doing.

As early as 1998 the Gender Equity Task Team which had been put together to
advise on Gender Equity in Education raised the matter of sexual violence
prevention in its report. These recommendations touched on a number of areas
which include focused attention in the curriculum, the monitoring of all
violence against girls and women in education institutions, as well as
ensuring that disciplinary procedures are not only in place but are being
implemented, with respect to both learners and educators. Many of the
challenges to their implementation are eloquently captured in the report.

The Ministry's first initiative to address this issue was to introduce it
into its Life Orientation Learning Area within Curriculum 2005. This
Learning area seeks to develop in learners the values; consciousness and
competencies that are required for effective participation as responsible
citizens of a democratic society. Learners learn and analyse different kinds
of relationships that exist between sexes and also evaluate these
relationships. They are also enabled to reflect on their behaviours and that
of others and also critically evaluate human rights, values and practices.
The relationship between rights and responsibilities is interpreted.

A major challenge however was always the difficulty that girls find in
talking about sexual violence and abuse against themselves, which resulted
in the inability to quantify the extent of the problem in institutions. As a
first attempt at providing learners the opportunity to talk about this and
related issues, the Department of Education in 1998 launched the Creative
Arts Initiative as part of its Culture of Learning and Teaching Campaign.
This provided learners with a non-threatening forum to talk about what they
experience as barriers to learning and teaching. It started out as a forum
to discuss a range of issues but now focuses purely on safety, as a result
of the learners' obvious need to talk on this matter. Coming up high on the
list of concerns has been the issue of violence against girls, perpetrated
by both other learners and teachers. We have as a result been able, in some
small way, to gauge the extent of the problem in schools more especially as
it pertains to abuse by teachers.

To address abuse by teachers the Minister, Professor Kader Asmal, went to
Cabinet in November 2000 to tighten the disciplinary measures and sanctions
against educators by introducing an amendment to the Employment of Educators
Act of 1998. The law is clear that if an educator is found guilty of having
a sexual relationship with a learner of his school with or without the
consent of such a learner, such educator shall be dismissed. If he is
involved in a rape or sexual assault of a learner of another school and is
found guilty after a fair hearing, such educator may be dismissed from his
post. The intention of the legislation is to make it absolutely clear that
an educator who sexually abuses learners, should not be an educator and the
profession should get rid of such individuals. For this reason, the South
African Council for Educators Act, 2000 was passed to ensure that if an
educator is dismissed on the basis of sexual abuse, he will be deregistered
as an educator and may not be appointed by any person (including private
providers) as an educator.

The Ministry of Education, funded by the Canadian International Development
Agency, also finalised in November 2000 the development of a school-based
module on Managing Sexual Harassment and Gender-based Violence, working with
education district officials, teachers and schools in three provinces:
Gauteng, Free State and Mpumalanga. The module consists of eight workshops
that constitute a package intended to raise awareness about the problem of
gender-based violence and suggest policies and programmes to deal with it in
schools.

A more recent initiative has been a collaborative venture by the SAPS and
the Department of Education on a workbook entitled Signposts for Safe
Schools. This is intended to provide schools with strategies to address
violence of all sorts in schools using the following strategies:
* Improving the impact, authority and efficiency of school management
and school services
* The development of policies, procedures and plans for their
implementation - including policies for non-adherence
* Strategies to involve, mobilise and capacitate youth in preventative
programmes, projects and campaigns

All these are initiatives already in place which we will scrutinise again,
in the light of the Human Rights Watch report, to strengthen the Ministry's
response to this very real problem. It is a matter on which all of us should
be united. Sexual abuse against girls in our schools must come to an end.
These schools belong to them too.