Impact of Equality Act on Lives of Women: Committee Report; Review of Chapter 9 Body
Monitoring Improvement of Quality of Life and Status of Women
14 February 2007
Meeting Summary
A summary of this committee meeting is not yet available.
Meeting report
IMPROVEMENT OF QUALITY OF LIFE AND STATUS OF WOMEN JOINT MONITORING
COMMITTEE
14 February 2007
IMPACT OF EQUALITY ACT ON LIVES OF WOMEN AND PEOPLE WITH DISABILITIES:
COMMITTEE REPORT; REVIEW OF CHAPTER 9 BODY
Chairperson: Ms M Morutoa (ANC)
Relevant Documents:
Draft Committee
Report on Impact of Equality Act on Lives of Women and People with
Disabilities: Gender Sector
Committee’s draft submission to Ad Hoc Committee on Review of Chapter 9 Bodies
(not yet available to public)
Audio Recording of
the meeting
SUMMARY
The Committee adopted its Gender Sector Report on the Impact of the
Equality Act on the Lives of Women and People with Disabilities. This report
and the hearings it had held was its response to Parliament's Equality Review
Campaign.
The Committee discussed its submission to the Ad Hoc Committee on the Review of
Chapter 9 and Associated Institutions. The submission gave a detailed breakdown
of the Commission on Gender Equality’s activities and the Committee’s
relationship with it.
The Committee raised concern that it was not been given the opportunity to
exercise oversight over the Office on the Status of Women’s Reports in response
to the Convention on the Elimination of all Forms of Discrimination against
Women.
It was agreed that the Committee would elect a management committee so that their
activities could be better organised and coordinated.
MINUTE
Consideration of Gender Sector Report to Parliament's Equality Review Campaign:
Impact of the Equality Act on the Lives of Women and People with Disabilities
The Chairperson noted that this Committee and the Joint Monitoring
Committee on Improvement of Quality of Life and Status of Youth and People with
Disabilities had agreed that each committee would assess whether their
contribution had been accurately captured in the report so that the report
tabled in Parliament would be complete and accurate. She asked members to voice
any challenges they had experienced during the review.
Ms C Botha (DA) said that this was the first time that Parliament had reviewed
legislation and she had been asked to compile a report on how it had preceded
so as to develop a best practice model.
Ms J Semple (DA) wondered whether such a review could in future be scheduled so
that committee members would be able to attend meetings and hearings regularly.
She had wanted to participate more, but due to other commitments, she and
others were unable to do so.
Ms E Mabe (ANC) said that when next they had to review legislation, topics to
be explored should be considered more carefully. A few should be selected,
developed and pursued to conclusion.
The Chairperson said that at the beginning of the review there had been three
chairpersons and it was not clear who would be taking the process forward. She
agreed that many issues had been brought to the table, and that next time some
of them should have been selected for closer scrutiny.
Moving to the People’s Parliament held in Oudtshoorn in 2006, the Chairperson
pointed out that while for the most part arrangements were in order, she felt
that a special programme for the Committee could have been put in place too.
She also commented that the locals should have been given the transport
contracts for that weekend.
Ms C Zikalala (ANC) felt that the event had been poorly organised and that
those doing the transport had not even known where many of the venues were.
Ms Semple remarked that had locals been used, they would not only have made
money, but would also have known where the venues were.
The Chairperson said that there had been a suggestion to address violence
against women in relation to gender based inequality. She wondered if that had
been reflected in the report.
Ms Botha thought that the original idea had been to review the equality
legislation, and that other, more specific legislation was brought into the
picture at a later stage. While the equality legislation obviously had to do
with violence and inequality, there were other pieces of legislation that were
more specific. It was then decided to concentrate only on issues that were
impacted on by the Equality Act. The process started off in a muddle, but in
the end the focus was narrowed.
Ms S Camerer (DA) felt that the statement that “theorists on gender based
violence have long argued that violence against women is inextricably linked to
women’s unequal status in society”, (p10) succinctly captured what they had
tried to achieve.
Ms Semple pointed out that the paragraph Ms Camerer quoted later went on to say
that it had not been possible through the review to determine exactly what the
impact of the Equality Act had been on the incidence of gender based violence
in South Africa.
Ms Camerer said that one could not ignore the possible link. She suggested that
perhaps one could suggest that it was too early to tell whether there was a
link or not.
The Chairperson wondered at what stage one would be able to tell.
Ms Camerer said that Equality Act was enacted in 2000 but had only been in
operation for the past six years. It had taken a very long time for equality
courts to be rolled out - initially there had been very few and now there were
more. One should now be better able to deal with and monitor equality issues.
The Chairperson felt that the comments from members were helping her to get a
clearer understanding. She wondered at what stage the matter would be defined properly.
Members adopted the report for consideration by the National Assembly.
Committee’s draft submission to Ad Hoc Committee on Review of Chapter 9
Bodies
The
Chairperson informed the Committee of the current parliamentary review of the
Chapter 9 and associated bodies that supported constitutional democracy. The Ad Hoc Committee on
the Review of State Institutions Supporting Constitutional Democracy which
was steering the process, had requested the Committee to make a submission on
the performance of the Commission on Gender Equality (CGE) and the relationship
that existed between the Committee and the national gender machinery.
The
Chairperson, the secretary and the researchers had prepared a document and she
requested the members to go through it. She said that the research staff had
suggested that the Committee reflected on the activities of the CGE and then
indicate what the challenges and shortcomings were. The report had not been
refined and members were welcome to give feedback.
Ms Botha reminded members that they had always objected that the Committee did
not have an opportunity to see the Convention on the Elimination of all Forms
of Discrimination against Women (CEDAW) report that was submitted to the United
Nations every five years. This report was prepared by the Office on the Status
of Women in the Office of the President. Although there was no legal
requirement for the report to be tabled before the Committee, she pointed out
that there were other countries that required it. She wondered whether the
Committee could not make a recommendation that the process be reconsidered so that
the Committee could see the document. She found it “a great lack” that they did
not see the document and that there was no oversight at all. Parliament agreed
to abide by the agreement and yet there was no oversight of the report.
The Chairperson wondered if this had bearing on the CGE.
Ms Camerer supported Ms Botha’s suggestion. The matter had been a sore point
between the Committee and the Office on the Status of Women, with the latter
seeming to think that they could ignore the Committee as far as the report was
concerned. The Office of the Status of Women compiled the report but it should
come before the Committee before its submission to the United Nations.
The Chairperson agreed that the matter should be raised.
Ms S Rwexana said that she was concerned that the focus of the meeting had now
shifted to CEDAW when they should be focusing on what the Ad Hoc Committee
expected of them. She did not think that they should focus on the status of
women because that fell under the national gender machinery.
The Chairperson thought it best if she explained what she thought the Ad Hoc
Committee expected. That committee was interested in the relationship been the
Chapter 9 bodies and associated bodies. The Committee’s submission should
comprise information on the National Gender Machinery as a whole.
Ms D Morobi (ANC) asked where the women’s movement fitted in.
The Chairperson did not think that the women’s movement was an area of focus in
this regard. They should elaborate on the CGE’s interaction with the Committee.
Ms Camerer said that the CGE would be appearing before the Ad Hoc Committee on
2 March. She presumed that the Chairperson would be attending the meeting on
the Committee’s behalf. Returning to the CEDAW matter, she pointed out that the
Committee was established in terms of the rules of Parliament and had a clear
mandate. She said that one had to ask why the Committee was even in existence
if it could not oversee the country’s report to CEDAW because that was most
important. She felt that it should be queried and point out that in terms of
parliamentary rules that was what they were supposed to do. She was very
concerned about the matter and felt that all bodies that were able to, should
work together on gender related matters.
The Chairperson asked members to voice their opinions about the Committee’s
interaction with the CGE and its activities.
Ms Botha said that her own experience with the CGE was fairly negative. She
felt that due to its internal administrative problems, it had not fulfilled its
mandate. There was constant tension between the administration and the
commissioners. The way it was structured also presented problems - sometimes a
commission worked better if there were fewer commissioners.
The Chairperson recalled that the previous year the Committee had asked
strategic people within the CGE to appear before it to give a presentation and
they could not because they had no commissioners.
Ms Semple agreed with the Chairperson. She said that the Commissioners were
appointed in November 2006. She felt that the Committee should make it a
priority that the CGE be required to report to them on a regular basis. The CGE
had for far too long operated in a vacuum because they had not had enough
commissioners and had only had a Chairperson. The Committee had to increase its
interactions with the CGE so that key issues such as lack of information could
be addressed.
Ms Rwexana did not agree with the complaints around the administration of the
CGE. She felt that the CGE’s budget was one of its major problems. She felt
that commissioners’ part time appointment was problematic. All commissioners
should be appointed on a full time basis so that their activities could have
the required impact. Those deployed in the provinces were deployed without budgets.
Mr F Maserumule (ANC) said that issues should not be confused. He felt that
what was contained in the draft submission was enough. The Committee had the
right to call anyone before it and had the right to request to see any report,
including the CEDAW one.
Ms Botha felt that the Committee had been experiencing problems because they
were expected to oversee areas in which they also actually participated.
The Chairperson commented that the Minister of Social Development had also
raised this concern.
Mr Maserumule said that in his opinion gender issues cut across all sectors of
life and involved very many structures. In order for the Committee to lessen
the conflict, it needed to look at how coordination and communication took
place. He felt all the sectors involved should manage information, coordination
and communication better.
The Committee adopted the draft submission with the amendments made.
Additional business
The Chairperson felt that the Committee needed a management committee and
the Committee agreed with Mr Maserumule’s suggestion that a draft of what such
a committee’s tasks would be so that Members could consider this at the next
meeting. They could then nominate members to serve on it.
The Chairperson said that there also needed to be clarity on who actually
served on the Committee and who did not.
The Chairperson said that the Committee had been invited to an
Inter-Parliamentary Union (IPU) conference. The IPU fell within the United
Nations Commission on the Status of Women (UN CSW). It had not been clear if
the Committee would be expected to attend the IPU. The Speaker now required a
letter addressed to her before she could approve their attendance.
Ms Zikalala wondered if it would be possible for the Committee to shift
meetings from Fridays to other days of the week. She had had to miss many
meetings that she had wanted to attend.
The Chairperson said that this matter had been debated often. Everyone felt
uncomfortable with meeting on Fridays because their homes were far away. She
pointed out that Friday, was a working day.
Ms Zikalala suggested that perhaps if the agenda was very short they could meet
on another day.
The Chairperson said that the Committee needed to form a management committee
so that these issues could be discussed.
The meeting was adjourned.
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