16 Days of Noise

By Jeanne Bodenstein

“The problem of rape and sexual abuse is an ongoing crisis in our country. South Africa has one of the highest rates of rape in the world, as well as considerable socio-economic disparities, which means that rape survivors get very different kinds of support when reporting a crime.” During 16 Days of Activism for No Violence Against Women and Children this message is screamed from the virtual rooftops of social media, pronounced in almost every news bulletin, is the topic of a high percentage of media interviews and the centre of a spree of events and campaigns. Government departments have never before hosted this many workshops and suddenly all Parliamentarians have an opinion on this issue.

Handing over memorandum to John Jeffereys

RSJC handing over the memorandum to Deputy Minister of Justice, John Jeffery, outside Khayelitsha Magistrates’ Court. Photo: Lina Lechlech.

So what happens on day 17?

The Rape Survivors’ Justice Campaign asked this very question. Because we know that advocacy must be focused, continuous and strategic in order to achieve real change. The change we work towards is a criminal justice system that includes specialised courts with specialised personnel, infrastructure and services for prosecuting rape cases. We want to ensure that perpetrators are brought to justice while victims are supported. We know that a strong criminal justice system is needed to address the high rates of rape and sexual violence in South Africa by restoring the faith that communities should have that perpetrators will be brought to justice. Therefore, during 16 Days of Activism, we do exactly the same as we do on the other 349 days of the year: we hold the government accountable for rolling out sexual offences courts.

On 25 November 2017, we launched the Rape Survivors’ Justice Campaign webpage. This provides a platform to showcase our work. Last week, we hosted a workshop in Khayelitsha to raise awareness regarding the survivor’s pathway through the criminal justice system. This highlighted the need for a sexual offences court in Khayelitsha to address the very real gaps in the system as well as the high rape rate in this community. We invited participants of the workshop to join us at a public demonstration on 5 December 2017 outside the court.

At this public demonstration in front of Khayelitsha Magistrates’ Court we demand that a sexual offences court be established in Khayelitsha and we handed over a memorandum to this effect to the Deputy Minister of Justice, John Jeffery. In his acceptance speech, the Minister confirmed that Khayelitsha Magistrates’ Court will be upgraded through a collaborative process early next year. This is long-lasting change. Real, systemic change aimed at addressing the problem of rape.

We believe that sexual offences courts will make a real difference in how rape cases are dealt with by ensuring that survivors receive support, that there is a speedy turnaround time for rape cases and ensuring higher conviction rates. So when the government workshops, Parliamentary speeches and abundance of media interviews come to an end on 10 December 2017, we will continue to hold government accountable for the rollout of specialised courts with specialised personnel, infrastructure and services.

Please see our webpage at: https://rapecrisis.org.za/justice-campaign/

 

Jeanne

Jeanne Bodenstein is the coordinator of the Rape Survivors’ Justice Campaign for the Rape Crisis Cape Town Trust.

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#NotOurLeaders

by Lisa Vetten, Vivienne Mentor-Lalu and Sanja Bornman

Tomorrow, 25 November, marks the start of the annual 16 Days of Activism to End Violence Against Women. Activities led by government emphasise the importance of taking action to end gender-based violence but do political parties walk the talk?

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Mduduzi Manana has resigned from his position as the Deputy Minister of Higher Education and Training and been convicted and sentenced for committing assault with intent to cause grievous bodily harm. But he is neither the first nor the only political representative to behave violently towards women. During this year’s 16 Days of Activism, the Women and Democracy Initiative (WDI) of the Dullah Omar Institute at the University of the Western Cape, Lawyers for Human Rights, and gender violence specialist Lisa Vetten turn the spotlight on political representatives and the protectors and keepers who enable their sexual misconduct and abuse. Each day the group will release the name and facts of a different case of a leader embroiled in sexual abuse charges. The aim is to reflect both on the incidents themselves, as well as the responses of the political parties to which these men belong, their actions proving a litmus test of their true commitment to addressing sexual violence.

South Africa’s political representatives are the guardians of the Constitution and rights it contains, including the right to gender equality and the right to be free from all forms of violence, whether from public or private sources. It is their responsibility to develop laws that advance these rights, hold government departments to account for their (in)action in this regard, and approve budgets that make these rights realities. But political representatives’ ability to improve women and men’s lives is compromised when they appoint abusive men to positions of power.

“Political parties that appoint these men, then fail to act against them, or protect them, are hypocritical. Over the next 16 days, we will hear a lot of public condemnation of violence against women and children from various leaders, but this campaign turns the focus on what politicians and parties actually do, not what they say,” said Sanja Bornman of the Lawyers for Human Rights’ Gender Equality programme. Parties undermine efforts to address gendered forms of violence when they fail to develop systems and procedures addressing sexual violence, or fail to put their policies and procedures into effect. They also hamper South Africa’s efforts to meet Goal 5 of the United Nations Sustainable Development Goals. Target 5.5 of this goal is to “ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic and public life.” Yet women’s political participation and representation is undermined in environments where sexual violence and abuse go unchecked.

Says Lisa Vetten: “These problems are not new and if they are allowed to persist there is a risk they will become permanent features of our political landscape. As the country currently debates the quality of its political representatives this dimension of their conduct should not be overlooked.”

The individuals we will be focusing on are #NotOurLeaders and we demand that political structures act decisively and urgently to tackle the problems we will be highlighting during the 16 Days.

 

Lisa Vetten is a gender violence specialist based in Johannesburg, Vivienne Mentor-Lalu works at the Women and Democracy Initiative of the Dullah Omar Institute at the University of the Western Cape and Sanja Bornman works for Lawyers for Human Rights.

Section 55 What??

By Kathleen Dey

I am having such a bad attack of FOMO right now. Today a National Forum on the Implementation of the Sexual Offences Act concludes its deliberations in Johannesburg and while activists from all over the sector are there I am not. And they are all being very quiet about the content of their discussions, out of respect for our colleagues in government and the spirit of the dialogue.

This National Forum is convened by the Department of Justice with the backing of the Deputy Minister John Jeffery and organised by a steering committee that included members of the Shukumisa Coalition representing civil society. What makes this gathering unique is that the 250 delegates include not only members of civil society organisations, government departments and state services providers such as the South African Police Service (SAPS) and the National Prosecuting Authority (NPA) but also members of the judiciary. Since magistrates play a critical role in the adjudication of sexual offences cases and are often not represented in these kinds of discussion this is a huge bonus. My Fear of Missing Out grows as I write.

Yesterday’s programme included the presentation of critical research by research institutes such as the South African Medical Research Council’s recently released report entitled Rape Justice in South Africa. The combined presentations pointed to current problem areas within the areas of reporting, investigation, medicolegal services, support to survivors, prosecution and adjudication of sexual offences cases. There was, unusually, no question time or commentary in this plenary. This was followed by breakaway sessions where government officials and state service providers were given opportunities to provide further information on these problem areas in a more in depth fashion. The overall approach of the ensuing discussion was designed to be solution focused, with civil society organisation offering constructive criticism and recommending solutions designed to benefit all stakeholders.

The current political and economic situation in South Africa is so severe that we believe that we are unlikely to see the kind of resource mobilisation we would like to see in support of improved implementation of the Sexual Offences Act. In fact over the past decade we have seen a significant reversal in the gains that were made prior to that in putting infrastructure, personnel, training and services in place. There has been a marked decline rather than the consistent improvement reported by government. Sexism, racism and attitudes that lead to secondary victimisation of complainants continues to be a problem.

Statistics and reporting are unclear and inconsistent, which makes it very difficult to monitor progress towards set goals. In fact our current crime statistics give a false impression of excellence, showing a decrease in incidents when this is not the case. Strategies based on these misleading findings are in danger of failing as they are not based on an accurate analysis of the situation.

Performance indicators for officials within the criminal justice system are not successfully promoting good performance neither are they entirely useful as mechanisms for holding individuals or departments accountable. Some provide a perverse incentive in that they encourage poor performance when for example members of the SAPS are measured by the decrease in reported rape statistics when in fact they should be encouraging reporting. Management structures are weak and leadership is lacking. These factors combine to make oversight very difficult.

These flaws can be seen in the roll out of the promised sexual offences courts, an issue right at the top of the agenda of the Rape Survivors’ Justice Campaign. There are sexual offences courts where there is specialised infrastructure in place but not enough skilled and experienced personnel and no services, sometimes meaning that there is a lack of psychosocial care for survivors. Section 55A of the Judicial Matters Amendment Bill, which would allow for the Minister of Justice to establish these courts and set certain criteria for these courts has not yet been operationalised even though the president has signed this new law. There are no minimum standards for sexual offences courts and no sexual offences court regulations in place as yet.

A focus on the sexual offences court roll out may help government to tackle problems with courts as well as police and forensic investigations since the idea that specialist personnel would work together could best be promoted with these courts as “centres of excellence” linked to surrounding Thuthuzela Care Centres, forensic units and Family violence, Child abuse and Sexual offences (FCS) Units. We should therefore focus on the following suggestions for government role players at the upcoming national forum:

1. Section 55A of the Judicial Matters Amendment Bill must be operationalised as soon as possible.

2. Civil society organisations need to be given a chance to give input into the minimum standards on sexual offences courts as well as the regulations.

In addition to this we need to recommend that:

1. The functioning of the relevant departments and service providers within the criminal justice system be evaluated by the Department of Planning, Monitoring and Evaluation (DPME) in order to develop an improvement plan that will give rise to revised performance indicators.

2. Clear, consistent, disaggregated, integrated statistics are collected, collated and shared.

In the meantime, in the absence of improved performance indicators, we need to see competent officials concentrated within centres of excellence so that infrastructure, personnel and services can come together as they should. Let us hope that this incredible National Forum meeting will deliver at least some hope that these suggestions will be taken up and driven forward with the commitment they deserve.

 

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Kathleen Dey is director of the Rape Crisis Cape Town Trust. 

On #MeToo

By Sam Waterhouse

We are posting with different private meanings and experiences behind that phrase. Many of us are talking about rape, assault, and abuse as well as ‘harassment’. We are talking about sexual violence. We are publicly exposing something deeply personal, for some of us we know we are also being political, and in the posting we are being more socially connected about experiences that we mostly share in smaller spaces. If we share it at all. There is, even for me, some discomfort in the choice to #MeToo, I hesitated and waited – for what purpose? Am I going to hang this out on the line to be minimised, looked over, celebrated, commiserated, diminished, pitied? My personal and social meanings collide in the choice.

And then I saw women I perceive as powerful, who I respect and aspire to posting and I was enabled. #MeToo

I’m interested in seeing who posts and who doesn’t. I’m interested in who doesn’t because my Facebook is not only linked to feminists, to women who are alive to the scaffolding that holds sexual violence up and seek to name it, dismantle it and build networks of compassion and power. My Facebook people are also girls, women and men who live in other ways and who have lived sexual violence. Many of these are not participating in this public way. May you continue to do what keeps you safe, may some of you be emboldened, may you choose what’s best for you.

I’m interested in who reacts. On mine so far all women. On some other posts I see the smattering of woke men who perhaps understand better or who feel they have permission to react. So this seems to me to be another exercise of women speaking to women about something that men and our society creates. And I pragmatically see the value of women talking to women. There is power there. But I get pissed off because we are not posting this only for other women. Angry because I think most men are turning away from this pervasive reality and then also considering (generously?) maybe they don’t know if they can react or how to.

I’m interested in how I’ve reacted to posts and how I’ve felt about the reactions to mine. Depending on the content and my closeness to the person who posts I react differently. I do this because experiences of sexual violence do not invoke one set of static feelings. We have different meanings at different times. I think for many of us posting we have built strength around the experiences. For me the sad face is uncomfortable I don’t want people to be sad for me. I am not sad now. I didn’t post in sorrow. I posted with heart and with defiance. But I also know the sorrow and the loss and the sense of weakness and I know that for some you are posting – or not posting – with those feelings closer to the surface.

May we have these conversations more openly after this flash of activity.

 

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Sam Waterhouse works at the University of the Western Cape’s Dullah Omar Institute. She was a counselling volunteer at Rape Crisis in the mid 1990s and went on to run our court support project as an advocacy coordinator before continuing as an actvist against violence against women in a broad range of spaces including Facebook, where she originally posted this piece.