South Africa: Constitutional Assembly Resources

December 27

Dear Mr Nyoka,

COMMISSION ON GENDER EQUALITY
In reply to your letter of November 22 1994, The Women's Lobby (TWL) welcomes the opportunity to comment.
NEED FOR GENDER COMMISSION
South Africans are in the process of re-making their society and it is imperative that the capacities and talents of all the people, men and women be engaged in this re-vitalising process. It is accepted that the status and position of women lag behind that of men and improvement can be accomplished only through positive action. The Women's Lobby sees a Gender Commission as an important vehicle to empower women and thereby assure gender fairness, parity, partnership and equity at all levels of government, national, regional and local.

Women as well as men must share in decision making and be responsible and accountable for the success or failure of policies formulated for the nation. A Gender Commission would lobby for the integration of gender equity perspectives in public policy.

South Africa already has many active women's NGO's (non-governmental organisations), but there is a need for a stronger women's movement than now exists. The Gender Commission should encourage their development into a fully representative women's civil movement across urban and rural structures.

COMPOSITION OF THE GENDER COMMISSION THE GENDER COMMISSION SHOULD;

* be comprised of gender-sensitive men and women, drawn from the private sector (excluding parliamentarians) and selected through public hearings initiated by the Minister Without Portfolio. The Gender Commission should choose its own chair‑person from among its members.

* submit to the Minister Without Portfolio its annual report. Its recommendations should be debated in Parliament. During the course of the year relevant recommendations could be made to parliamentary standing committees.

receive a substantial budget to provide for administration and research.

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STATUS AND FUNCTIONS

THE GENDER COMMISSION SHOULD:

* be an active body, meeting regularly at short intervals doing

· practical job.

* be an investigatory, advisory, advocacy, monitoring and educating body.

* continuously review all government policies, existing and future Acts, legislation, regulations and administrative practices, to achieve gender fairness.

* function as a legal framework for introducing positive legislative and administrative action favouring women, to redress inequalities.

* educate the civil service to prepare its staff for their responsibilities and alter their mind-set to develop an understanding that women's issues are important human, societal issues.

* inform men and boys of the need for gender equity and help them realise that social issues affect both genders.

* seek to influence education policy, so that study choices of boys and girls should not be stereotypic gender choices. The minds of both boys and girls, men and women, should be open to the full range of occupational possibilities.

* re-educate society to appreciate that violence against women is an intolerable offence against humanity.

* respond to approaches from women's and men's groups to examine issues of concern.

* investigate and take evidence on the entire field of customary law and practice, customary union and "black law", or law affecting black persons which was imposed by previous governments.

* liaise with provincial parliaments and local governments to establish gender commissions at their levels.

* encourage a national debate on applying a gender quota in elected and appointed office.

* monitor government appointments for gender equity.

ASPECTS OF THE CONSTITUTION

The reference in the Interim Constitution to affirmative action to redress historical wrongs should not be excluded from the final constitution.

Obviously it is assumed that there will be no changes to Chapter 3, Fundamental Rights, Equality Clause 8 referring to race, gender, sex, etc.

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METHODOLOGY TO REACH THE PUBLIC

The Gender Commission needs a highly competent and experienced team of media officers to inform the media constantly of its entire on‑going process so that this process is transparent and the general public is fully informed on the merits of gender equality, representation and participation.

The Gender Commission should be obliged to distribute its research findings to urban and rural women's groups, business men's organisations etc.

ORGANISATIONS TO BE CONSULTED BY THE GENDER COMMISSION

The organisations to be regularly consulted should be all women's groups, urban, rural, grass-roots, across political, cultural and class spectrums; business and academic think-tanks; university departments such as law, political science, sociology, economics, business and women's studies.

FURTHER INFORMATION

You may wish to consult the document entitled "Compilation Of Papers Submitted By Foreign Experts and Background Material", which proceeded from the International Conference Ensuring Gender Equity in The New South Africa. This was held by the Women's National Coalition and The Lawyers Committee for Civil Rights in May 1993 in Johannesburg.

Women's National Coalition

P 0 Box 62319

Johannesburg 2000

Tel: 011 331 5958

FAX: 011 331 5957

Current global information is available from: Inter-Parliamentary Union

Place Du Petit Saconnex

Case Postale 438

1200 Geneve 19

Switzerland

For your interest we enclose a letter The Women's Lobby has sent to Mr Jay Naidoo, Minister Without Portfolio, recommending a national debate on the idea of a gender quota. This would follow the Norwegian practice of requiring a minimum of 40% of either gender on all boards, commissions, etc. TWL suggests this quota be applied for nominees at local elections as well.

We refer you especially to the Canadian Advisory Council on the Status of Women (CACSW) discussed in the Women's National Coalition document (see above). We hope Theme Committee 6 will give serious consideration to its workings, and also to this submission from The Women's Lobby.

Cordially,

Babette Kabak Doris Ravenhill

Chairperson Vice Chairperson

and Members of the Executive Committee