Women and Gender Equality Bill in South Africa

Last updated
The South African National Parliament, through which the bill was passed. South African National Parliament (16533063930).jpg
The South African National Parliament, through which the bill was passed.

The Women Empowerment and Gender Equality Bill (WEGE) aimed to promote equality between men and women in South Africa. The bill was passed in 2013, and allowed for the implementation of measures to increase equality, such as designing programs to ensure women held fifty percent representation in decision-making structures. [1] The bill provides for both social and economic challenges to running for office, and makes provisions for enforcement. [1] While the bill has faced some criticism that it offers nothing new to the nation, [2] overall it was supported and passed through both houses of the national legislature, and went into effect in 2014.

Contents

Contents of the Bill

Chapter 1

Chapter 1 of the bill outlines the general provisions of the bill, including definitions of terms used in the bill, how the act will be implemented, and what the goals of the act are. The bill has several primary objectives. The first is to help implement aspects of the South African national constitution, a document which specifically guarantees equality under the law and prohibits discrimination on the basis of sex and gender. [3] The act also aims to ensure that South Africa is complying with international agreements it has signed, [1] like the Beijing Declaration and Platform for Action and the Millennium Declaration and Development Goals, both United Nations agreements working towards gender equality in nations across the globe. The act also lists one of its goals as achieving a minimum of 50% representation of women in decision-making positions, both in the private and public sphere. [1] The bill's final goal is to provide for the implementation of public education on practices that discriminate against women in order to promote gender equality and social cohesion. [1]

Chapter 2

Chapter 2 of the bill deals with the social changes the bill brings about, dealing with issues of education and training, access to healthcare, and public education on prohibited practices.

Early Childhood Education supported by USAID in South Africa Early Childhood Education USAID Africa.jpg
Early Childhood Education supported by USAID in South Africa

The first part of this section deals with education and training. It aims to address the lingering discriminatory patriarchal issues in the country, and women's lack of access to education. [1] While women have increasingly gained access to education in South Africa, they are still vulnerable to lack of access and abuse within school situations. [4] When given access to education, girls feel that it equips them with tools for life, and also gives them hope for the future. [4] This section of the bill also aims to improve access to education on reproductive rights for women, particularly for younger women who have less access to this information. [1]

The next section of the bill addresses women's access to healthcare. This section requires both public and private bodies to develop and implement models to deliver healthcare to women, specifically focusing on reproductive health and the goals of increasing reproductive rights for women in South Africa. [1] Reproductive rights continue to be a concern for women in South Africa, as there is low support for issues like abortion. [5] This section of the bill thus aims to increase women's access to healthcare, especially reproductive healthcare. [1]

The final section of this chapter deals with public education on prohibited practices. In this section, both private and public bodies are mandated to develop and implement plans on educating the public on practices that unfairly discriminate based on gender. [1] This is done for the purpose of achieving substantive gender equality in society and in the workplace. [1] The bill specifically mentions gender-based violence as an unfair practice on the basis of gender. [1] While 62% of South Africans believe that a man beating his wife is never justifiable, [5] that still leaves 38% of the population that believes that there are some circumstances in which it is acceptable. As such, gender-based violence remains an important issue in South Africa.

Chapter 3

Chapter 3 of the bill deals with equal representation and empowerment of women.

The first part of this section mandates that public and private bodies must develop and implement plans to achieve 50% representation and meaningful participation of women in decision-making positions. [1] The bill mandates that this should be done by building women's capacity to participate, changing community attitudes to accept women in leadership positions, and to develop support mechanisms to help women succeed in office. [1] The bill doesn't offer any specificities on how this should be done, or what support mechanisms should be used.

The next part of this section mandates that public and private bodies also develop and implement plans to ensure gender mainstreaming, like the integration of gender considerations by management positions, ensuring that gender equity analysis takes place in decision-making processes, and remedial measures. These remedial measures consist of things like preventing potential prejudice on the basis of gender, and reducing disparities between men and women in public and private bodies. [1]

Elizabeth Petersen, a leading South African figure advocating against gender-based violence. Elizabeth Petersen of South African Faith and Family Institute.png
Elizabeth Petersen, a leading South African figure advocating against gender-based violence.

The next section deals with measures to ensure women's empowerment and eliminating discrimination in South Africa. Along with ensuring that women have equal representation in decision-making bodies, the bill sets forth several measures by which women's empowerment will be promoted. These measures include changing circumstances that limit the achievement of women, establishing programs to support and recognize women's role in a variety of sectors of life, and implementing legislation to ensure that these previous conditions are met. [1] This section of the bill also mandates that public and private bodies develop and implement policies aimed to protect and advance women by ensuring equal opportunities for women, elimination gender discrimination, the exploitation of women in the labor force, and gender-based violence. [1] While the bill doesn't offer specific measures or legislation to ensure these conditions are met, it does specify that these programs can include land reform, and gender initiatives in the workplace.

The bill then addresses women's economic empowerment. It mandates that public and private bodies promote the economic empowerment of women by promoting women's access to economic and educational opportunities, increasing access to financing, land rights, and entrepreneurial skills for women. It also mandates facilitation of employment opportunities and access to markets for women. [1] Despite reform efforts in South Africa, the compounding effects of apartheid and gender discrimination have resulted in women being more likely to be employed in low-skill occupations, largely as domestic workers. [6] Women are also more likely to live below the poverty line than men, particularly women of color in South Africa. [6] This section of the bill aims at changing these conditions and advancing women in their efforts to overcome poverty.

The next section of the bill addresses the socio-economic empowerment of rural women in particular. Rural women are much more likely to be impoverished than their urban counterparts in South Africa, [6] so the bill addresses the empowerment of these women in particular. The bill mandates that bodies develop plans to facilitate sustainable livelihoods for women in rural areas, prioritize gender in land reform programs to ensure women have access to those resources, and to improve conditions for women on farms. [1]

The bill then makes brief mention of considering women with disabilities in the above measures, and ensure their economic success as well. [1]

Chapter 4

This part of the bill deals with governance, and the measures the minister may make to bring about these measures and ensure that public and private bodies are in compliance. These powers include reviewing plans by public and private bodies to meet these requirements, collecting and analyzing information on these plans, and establishing mechanisms to bring about gender equality. [1] This section also mandates that public bodies establish a Gender Focal Point body made up of senior management to assist the public body in complying with the act, with their qualifications determined by the minister. [1]

Chapter 5

This part of the bill establishes the conditions for the minister to review public or private bodies and consequences for not complying with the bill. The minister can review the plans of a public or private body and can meet with the body to ensure its compliance with the bill. After this audit is conducted, the minister can approve the plans of the body, make recommendations, and must publish a report annually about the outcome of these reviews. [1]

If a body fails to comply with this act, there are a variety of sanctions they can experience. If someone willfully doesn't comply with the bill, they can experience a fine or imprisonment of up to five years. If a body fails a review by the minister, they are also subject to a fine of 10% of their turnover. The fine is paid to the National Revenue Fund. [1]

Chapter 6

This part of the bill establishes the framework for regulations surrounding the bill. By notice in The Gazette, the government's official notice publication, [7] the minister can publish a framework on women empowerment, and establish regulations about how to implement the bill. These regulations include establishing institutional mechanisms for promoting empowerment, equal representation and participation, and other procedures to implement the bill. [1]

Chapter 7

The final section of the bill deals with miscellaneous matters not covered in previous sections, including how the minister can delegate power to other officials, and when the bill will take effect. [1]

Criticisms of the Bill

While considered an advancement and potential step forward in the advancement of women's equality in South Africa, women's rights organizations critiqued the bill. [8] Legal scholars have criticized the bill for being too vague in how it will be implemented. [8] Critics argue that the bill is reminiscent of other bills, particularly The Promotion of Equality and Prevention of Unfair Discrimination Act passed in 2000, which critics say is identical to the bill outside of the 5th section of the act. [9] In response to these criticisms, the Minister for Women, Lulu Xingwana, argued that the bill would help reduce income inequality between women, providing support for rural women in particular. [9]

See also

Related Research Articles

Affirmative action, also known as positive action or positive discrimination, involves sets of policies and practices within a government or organization seeking to include particular groups that were historically discriminated against in areas in which such groups are underrepresented, mistreated or suffer from lack of public support — such as education and employment. Historically and internationally, support for affirmative action has sought to achieve goals such as bridging inequalities in employment and pay, increasing access to education, promoting diversity, and redressing wrongs, harms, or hindrances.

<span class="mw-page-title-main">Millennium Development Goals</span> Eight international development goals for the year 2015 by the United Nations

The Millennium Development Goals (MDGs) were eight international development goals for the year 2015 that had been established following the Millennium Summit of the United Nations in 2000, following the adoption of the United Nations Millennium Declaration. These were based on the OECD DAC International Development Goals agreed by Development Ministers in the "Shaping the 21st Century Strategy". The Sustainable Development Goals (SDGs) succeeded the MDGs in 2016.

<span class="mw-page-title-main">World Conference on Women, 1995</span> United Nations conference

The Fourth World Conference on Women: Action for Equality, Development and Peace was the name given for a conference convened by the United Nations during 4–15 September 1995 in Beijing, China.

Chapter Two of the Constitution of South Africa contains the Bill of Rights, a human rights charter that protects the civil, political and socio-economic rights of all people in South Africa. The rights in the Bill apply to all law, including the common law, and bind all branches of the government, including the national executive, Parliament, the judiciary, provincial governments, and municipal councils. Some provisions, such as those prohibiting unfair discrimination, also apply to the actions of private persons.

<span class="mw-page-title-main">National Commission on the Status of Women</span>

National Commission on Status of Women (NCSW) is a Pakistani statutory body established by the President Pervez Musharraf, under the XXVI Ordinance dated 17 July 2000. It is an outcome of the national and international commitments of the Government of Pakistan like Beijing Declaration and Platform for Action, 1995; and 1998 National Plan of Action (NPA) for Women, 1998.

<span class="mw-page-title-main">Equality Act 2010</span> UK law

The Equality Act 2010 is an Act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-discrimination law in mostly England, Scotland and Wales; some sections also apply to Northern Ireland. These consisted, primarily, of the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995 and three major statutory instruments protecting discrimination in employment on grounds of religion or belief, sexual orientation and age.

<span class="mw-page-title-main">Philippine Commission on Women</span> Statutory body for womens rights, Philippine

The Philippine Commission on Women, is a government agency run by the government of the Philippines with the intention of promoting and protecting the rights of the Women in the Philippines. It was established on January 7, 1975, through Presidential Decree No. 633.

Gender representation on corporate boards of directors refers to the proportion of men and women who occupy board member positions. To measure gender diversity on corporate boards, studies often use the percentage of women holding corporate board seats and the percentage of companies with at least one woman on their board. Globally, men occupy more board seats than women. As of 2018, women held 20.8% of the board seats on Russell 1000 companies. Most percentages for gender representation on corporate boards refer only to public company boards. Private companies are not required to disclose information on their board of directors, so the data is less available.

Nepal, a Himalayan country situated in South Asia, is one of the poor country because of undeveloped resources. It has suffered from political instability and has had undemocratic rule for much of its history. There is a lack of access to basic facilities, people have superstitious beliefs, and there are high levels of gender discrimination. Although the Constitution provides for protection of women, including equal pay for equal work, the Government has not taken significant action to implement its provisions.

Under apartheid in South Africa, non-white women experienced oppression in a distinct way compared to white women. Black women held the lowest position in the social hierarchy, while Indian and non-black/colored women had slightly better status. White women were the more privileged. Apartheid laws and social norms assigned black women a lower status, leading to what is now known as the “triple oppression” of race, class, and gender.

Gender budgeting means preparing budgets or analyzing them from a gender perspective. Also referred to as gender-sensitive budgeting, this practice does not entail dividing budgets for women. It aims at dealing with budgetary gender inequality issues, including gender hierarchies and the discrepancies between women's and men's salaries. At its core, gender budgeting is a feminist policy with a primary goal of re-orienting the allocation of public resources, advocating for an advanced decision-making role for women in important issues, and securing equity in the distribution of resources between men and women. Gender budgeting allows governments to promote equality through fiscal policies by taking analyses of a budget's differing impacts on the sexes as well as setting goals or targets for equality and allocating funds to support those goals. This practice does not always target intentional discrimination but rather forces an awareness of the effects of financial schemes on all genders.

The United Nations Secretariat, in September 1999, promulgated Administrative Instruction (AI) on "Special Measures for the Achievement Of Gender Equality", to strengthen and expedite measures to achieve gender equality, especially in posts in the Professional category. Gender Equality A/I (ST/AI/1999/9), which superseded ST/AI/412 of 5 January 1996, came into effect on 1 October 1999. In 2012, Ban Ki Moon, the Secretary General of the United Nations, in his Annual Reports to the General Assembly, titled "Improvement of the status of women in the United Nations system" stated that Special Measures are "procedures designed to accelerate the achievement of gender parity at the Professional levels and above" and that the aim of these procedures was to ensure "gender balance in recruitment and promotion" and rectify "past and current forms and effects of discrimination against women" The Secretary General reiterated that Special measures for gender equality would remain in effect until the "goal of gender parity is achieved, and would be sustained for a period of time".

<span class="mw-page-title-main">Women's empowerment</span> Giving rights, freedom to make decisions and strengthening women to stand on their own

Women's empowerment may be defined in several ways, including accepting women's viewpoints, making an effort to seek them and raising the status of women through education, awareness, literacy, and training. Women's empowerment equips and allows women to make life-determining decisions through the different societal problems. They may have the opportunity to re-define gender roles or other such roles, which allow them more freedom to pursue desired goals.

<span class="mw-page-title-main">Women's rights in Myanmar</span>

Women living in Myanmar continue to face barriers to equality. After forty years of isolation, myths about the state of women's rights in Myanmar (Burma) were centered around the conception that Burmese women face less gender discrimination and have more rights than women in surrounding Southeast Asian nations. After Myanmar opened its borders in 2010, gender discrimination began to be seen by the international community. Currently, a variety of organizations--both domestic and international--strive to educate people that this is a misconception to better make strides towards protecting women's rights in Myanmar.

Foreign aid for gender equality in Jordan includes programs funded by governments or non-governmental organizations (NGOs) that aim to empower women, close gender based gaps in opportunity and experience, and promote equal access to education, economic empowerment, and political representation in the Hashemite Kingdom of Jordan.

Substantive equality is a fundamental aspect of human rights law that is concerned with equitable outcomes and equal opportunities for disadvantaged and marginalized people and groups in society. Scholars define substantive equality as an output or outcome of the policies, procedures, and practices used by nation states and private actors in addressing and preventing systemic discrimination.

<span class="mw-page-title-main">Sustainable Development Goal 5</span> Global goal to achieve gender equality by 2030

Sustainable Development Goal 5 concerns gender equality and is fifth of the 17 Sustainable Development Goals established by United Nations in 2015. The 17 SDGs recognize that action in one area will affect outcomes in others, and that development must balance social, economic and environmental sustainability.

<span class="mw-page-title-main">Social policy of the Joe Biden administration</span> Overview of the social policy of the Biden administration (2021-present)

The social policy of the Joe Biden administration is intended to improve racial equity, increase access to safe and legal abortions, tighten restrictions on gun sales, among other aims. A number of policies aim to reverse the former policies of President Donald Trump, including the "Muslim" travel ban and loosened anti-discriminatory policies relating to LGBT people.

Vyjayanti Vasanta Mogli &Ors. versus State of Telangana &Ors. (2023), a landmark decision of Telangana High Court, invalidating the Telangana Eunuchs Act of 1329 Fasli which categorized intersex, non-binary gender, and transgender individuals as susceptible to criminal actions, as it was found to be in violation of the constitution.

References

  1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Women Empowerment and Gender Equality Bill, B 50B, (2013). https://static.pmg.org.za/bill50b_2013_1_1.pdf
  2. "Gender equity Bill passed amid criticism". The Mail & Guardian. 2014-03-05. Retrieved 2021-11-05.
  3. "South Africa 1996 (rev. 2012) Constitution - Constitute". www.constituteproject.org. Retrieved 2021-11-18.
  4. 1 2 Holmarsdottir, Halla B.; Ekne, Ingrid Birgitte Møller; Augestad, Heidi L. (March 2011). "The Dialectic between Global Gender Goals and Local Empowerment: Girls' Education in Southern Sudan and South Africa". Research in Comparative and International Education. 6 (1): 14–26. doi: 10.2304/rcie.2011.6.1.14 . ISSN   1745-4999. S2CID   144023032.
  5. 1 2 "WVS Database". www.worldvaluessurvey.org. Retrieved 2021-11-29.
  6. 1 2 3 "The Status of Women in the South African Economy" (PDF). South African Government. August 2015.
  7. "Notices | South African Government". www.gov.za. Retrieved 2021-12-07.
  8. 1 2 Bliss, Olivia. "The Women Empowerment and Gender Equality Bill: Can It Live Up to Its Name? | OHRH" . Retrieved 2021-12-13.
  9. 1 2 "Gender equity Bill passed amid criticism". The Mail & Guardian. 2014-03-05. Retrieved 2021-12-13.