History of women's rights in South Africa

Women experienced repression under apartheid in a distinct way. Black women held the lowest position in the social hierarchy with Indian and coloured women faring slightly better, and white women being the most favoured. Apartheid defined all black citizens as secondary to white citizens, however black women were assigned an even lower status through both laws and social norms. This has been coined the “triple oppression” of race, class, and gender.[1] Women had authority in pre-colonial Africa as they were the main agricultural producers, however, when farming declined in importance women lost their authority and status meaning they were left with no real place or role in society.[2] The traditions of communities within South Africa were the basis of the gender discrimination present under apartheid. Under traditional law women were denied the right to own land, the right to custody of their children, and the right to be chief or elected as chief. This reinforced apartheid ideology as well as the legacies of colonialism which classified women as second-class citizens.

History

Discrimination

Non-discrimination was a key aspect of South Africa’s first democratically elected government in 1994 where they adopted a “gender-neutral” stance on decreasing discrimination.[1] South Africa has signed the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) as well as agreeing to the Beijing Platform of Action during the World Conference on Women in Beijing in 1995 to take steps to eliminate gender discrimination.[1] Section 9 (3) of the constitution states “The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth”.[3] The inclusion of both sex and gender as grounds for proscribing discrimination is particularly significant as it protects individuals from discrimination based on biology or physical traits as well as social or cultural stereotypes about the perceived role and status of women.

“Freedom cannot be achieved unless women have been emancipated from all forms of oppression, ... unless we see in visible and practical terms that the condition of the women of our country has radically changed for the better, and that they have been empowered to intervene in all aspects of life as equals with any other member of society” – Nelson Mandela.[2]

Gender discrimination was prevalent within written law as the access women had to land was dependent on their relationship to a man. Black women were forced to use identity cards, known as passbooks in order to move around the country, which prohibited their movement into cities and towns. Due to restrictive laws in the 1930s, many women were unable to find work in urban areas resulting in them turning to brewing beer, domestic work, and casual work on farms owned by whites.[2] It has been argued that traditional powers of authority such as traditional leaders reduces gender equality as this power is still embedded in patriarchal structures. This predominately affects black women because rural areas in which traditional authorities still control much of the communal land retains powers that prohibit women from owning property or land. In addition, women were unable to make important economic decisions due to their roles as mothers and housewives. This lack of economic power meant women had very little power and consequently, they relied on men and accepted their subservient position in society.

Employment discrimination is still rife within South Africa and many women still find themselves either excluded from the job market or being restricted to the lowest paying wages. For example, “57 percent of all employed South African women work as domestic servants or agricultural laborers” leaving them in the hands of employers in relation to working conditions and wages.[2] Apartheid denied African women the right to travel freely to seek gainful employment which meant they were locked into poverty with no way to escape. Many women were forced to settle outside of big cities and settled in informal settlements. Furthermore, many employers took advantage of wage disparities between men and women and in turn hired more women to decrease labour costs. Importantly, many black women were not in employment which classed them as formally employed meaning they are unable to access most of the liberal legislation put in place to protect their rights.

Key laws and acts relating to gender discrimination

During post-apartheid South Africa multiple laws and acts were put in place in the aim of reducing gender discrimination. These mostly started after apartheid when women’s positions in society were beginning to change.

1.     The Commission on Gender Equality – monitors issues of gender in civil society. The functions are set out clearly in Section 187, which provides that: “The evolving constitutional jurisprudence emanating from the Constitutional Court suggests a clear break from South Africa's ignominious legal past to one forged on principles of equality and non-discrimination”.[3]

1.     The Office on the Status of Women - Responsible for mainstreaming gender in government departments.[1]

2.     The Women’s Budget Initiative (WBI) – examines the implications of the national budget on women.[1]

3.     The Labour Act of 1995 - includes a Code of Good Conduct that compels workplaces to have formal sexual harassment policies in place.[4]

4.     The Basic Conditions of Employment Act - ensures that there is a minimum requirement for maternity leave which includes ante-natal, post-natal and family responsibility leave.[4]

5.     The Employment Equity Act – ensures women's equal access to the workplace.[4]

6.     The Skills Development Act - ensures that women receive education and training to gain the necessary skills.[4]

7.     The Basic Child Support Grant - gives financial support to children up to the age of 14.[4]

8.     The Maintenance Act of 1998 - compels both partners to financially support their children. It also allows employers to deduct money from a parent’s salary or wages to contribute financially to the support of the child/children.[4]

9.     The Domestic Violence Act (DVA) of 1998 – defends women’s rights to bodily integrity and freedom from violence.[4]

10.  The Public Protector, the Human Rights Commission, the Commission for Gender Equality (CGE) and the Electoral Commission, what is commonly known as ‘gender machinery’ - put in place to instil the Bill of Rights.[4]

11.  The Constitutional Court, the Equality Court, the Commission for Conciliation, Mediation and Arbitration (CCMA), special Family Courts and labour courts were put in place to allow women to seek legal assistance if their rights were violated.[4]

12.  The Recognition of Customary Marriages Act 1998 - prevents the continuing disadvantage that women in customary unions encounter.[3]

13.  White women were given the right to vote in 1930.[4]

The Bill of Rights

It was not until the introduction of the Constitution of South Africa in 1996 that all women in South Africa were formally recognized as equal citizens. In this Constitution, there was a special paragraph for women, titled ‘Equality’. In this Bill of Rights, sections 9, 10, 11, 12 specifically refer to women as equals and the basis of how to be treated. Section 9(3) prohibits any form of discrimination with relation to gender, sexual orientation, marital status, pregnancy, ethnicity or culture. This is followed by sections 10 and 11 which give the right to be treated equally and the right to life. One of the most significant sections is 12, which states the right "to be free from all forms of violence from either public or private sources". As domestic violence has been an issue for all women, this establishes that within the domain of a home or family they are under public policy as well.[5]

The issues of Education, Marriage, Consent, Prostitution and the HIV epidemic amongst black women in South Africa

Research done by the Gender Advocacy Programme (GAP) found “Black women generally tend to have fewer opportunities for education, employment, economic and political participation, etc.”[6] This is further exacerbated when looking at apartheid's effects on black women’s social standings in South Africa. It caused separate development and the differences caused by the migrant labour guidelines damaged the social makeup of South African families so that social and economic procedures of exclusion and dispossession created strengthened poverty and inequality.[7]

Education, Unemployment and Poverty

Education of girls in South Africa especially those from poorer townships is the first step in trying to help give them a sense of agency and remove themselves from the vicious cycle of poverty and unemployment. This comes with issues of its own, as women and girls especially are seen socially as second class and weak so are taken advantage of even in places in which they should feel safe like school. “The Study on Violence Against Children” and articles written by the UN describe the nature and extent of the violence in and around schools. It looked mainly at bullying, corporal punishment, and gender violence in the schools and the community and has indicated ways in which schools foster gender and sexual violence as well as corporal punishment.[8] Due to these issues trying to keep girls’ attendance in school is difficult. One-third of rapes were perpetrated by schoolteachers which creates a difficult process for these girls to make reports and claims to the police as they are questioning authority.[9] Schools in these poor townships are also far away from each other which directly exposes these girls to high-risk situations when just trying to attend school. The lower attendance to education by females to males directly links to the cycle of unemployment and poverty which can lead to further dangerous situations for them as adults such as prostitution. Recently however there has been legislation in place to try and improve the number of girls staying in education and trying to break the cycle such In 2003, the South African Minister of Education set up the Girls’ Education Movement (GEM).[10] GEM is an African movement, supported by UNICEF, where children and young people in schools and communities in South Africa work to bring positive changes in the lives of African girls and boys. GEM aims to:

  • Give girls equal access to education
  • Improve the quality of education, especially in disadvantaged schools
  • Make the school program and school books gender-responsive
  • Create schools that are safe and secure for children, especially girls
  • Work with boys as strategic partners
  • Decrease to gender-based violence
  • Abolish harmful cultural Practices such as early marriage.

HIV Epidemic Prostitution and Sexual Assault

In South Africa, it is estimated that 5.5 million are infected with HIV, and over 50% become infected before the age of 25 years.[11] One of the main drivers for such large numbers is poverty and unemployment. Poverty underpins women’s variability to HIV/Aids because, for women in South Africa poverty means that having sex in exchange for shelter, food or other necessities can become a means of survival, most commonly through sex work.[12] Many women believe that prostitution is the only way of survival, and they are very unlikely to ask for sexual protectionto be used that increases the possibility of getting HIV. Women were being infected a lot younger than men[13] due to rape and sexual assault, when then stops many girls staying in education, which only worsens the poverty cycle. Women are disproportionately affected by HIV in South Africa. In 2017, 26% of women were estimated to be living with HIV, compared to around 15% of men.[14] This shows that even with the movement towards a more equal South Africa there are still the same issues. There is now treatment for HIV/AIDs through Anti-Retroviral Drugs, which although is not a cure, helps to prevent the transmission, especially between mothers and their babies.

Marriage and Consent

Many marriages within South Africa are pre-arranged by parents for reasons including social standings within a community, a Lobolo which is a bride price with the grooms’ parents providing a sum of money and to keep an ethnic group and culture together. The practice can cause real problems because “79% said that they understood that in their culture if a man paid lobola for his wife it meant he owned her”.[15] This can cause major problems because if a woman believes she is owned by her husband there is a possibility her consent will not be listened to. In 2017, it was estimated that around a third of women will have experienced intimate partner violence in the past 12 months, a level that is similar across all age groups.[16] A lot of these arranged marriages are also underage, which is usually due to the bride’s family being poor and needing money to survive

During the wars

The Boer Wars were two wars fought during 1880–1881 and 1899–1902 by the British Empire against two independent Boer republics, the Orange Free State and the Transvaal Republic. (‘Boer’ is the Dutch and African word for farmer.)

Boer women, children and men that were not fit enough to work for the British were put together in concentration camps during the Boer War 2. The first two of these camps were established to house the families of cities who had surrendered voluntarily, but very soon, families that were a burden for the British were driven forcibly into camps that were established all over the country, the camps first stayed refugee camps but they later became concentration camps. The horrible conditions in these camps caused the death of 4,177 women, 22,074 children under sixteen and 1,676 men, mainly those too old to be on commando. The white and the black people were put in different camps.

14,154 deaths were officially recorded in the black section of these camps. It is estimated that 25,000 to 34,000 deaths occurred in the Boer camps, with 81% being death of children. These statistics, however, do not include the number of deaths which happened en route to the camps and during the capturing. The initial investigation of these camps started because of the white child mortality.

The role of children was very important during this war and the race and class affected the experience of each child. Children were often separated from their families and exposed to harsh conditions and diseases. Their health going into the camps was already deteriorating and significantly declined upon arrival. The conditions were inhumane and families and children were crammed together. Such trauma also involved the separation with parents and not recognizing the faces when they came to return their children home. Black children also were forced to work in Boer camps. Children did earn a little money for work as it was considered contribution to their families. In Bloemfontein, the National Women's Monument was built in memorial of the conflict and dedicated to the women and children.[17]

All women and children were put in concentration camps right away, they were treated very badly. The white camps had it much better than the black camps. Field-Marshal Lord Roberts had another motive to put Blacks into camps, namely to make them work, either to grow crops for the troops or to dig trenches, be wagon drivers or work as miners. They did not receive food, hardly any medical support or shelter and were expected to grow their own crops. The strong-bodied who could work, could exchange labour for food or buy a meal for a cheap price.

On January 22, 1901, the Boschhoek concentration camp for Blacks had about 1,700 interned individuals hold a protest meeting. They state that when they were brought into the camps, they had been promised that they will be paid for all their stock taken by the British. They are also unhappy because "... they receive no food while the Boers who are the cause of the war are fed for free in the refugee camps…” While the war lasted, more and more concentration camps were set up for women and children, and more and more deaths were recorded.

Key Movements/ groups set up to help Women in South Africa

Federation of South African Women

The Federation of South African Women was a political activist group formed in 1954. Women who protested Apartheid joined the Congress Alliance, a political coalition which fought institutional racial segregation that existed in South Africa and Southwest Africa from 1948-1990s. The FEDSAW’s first conference was in 1954, which 150 people attended to establish the core aims of the organisation. The main issue was to fight back against the pass laws which controlled the rights of black people. The introduction of these identity documents meant they had to be always carried. These documents made it harder for people to migrate or find employment. Women were completely under the control of their husbands which meant they couldn’t own any property without the permission of a male. The ANC Women’s League, the Communist Party, and Trade Unions were present at the conference because they believed that the organisation was essential for establishing equality for women in South Africa.[18] Having these organisations present at the conference gave women the courage to make a dramatic change as it was clear they had support from other organisations. At the conference women discussed what they thought would be essential to improve their standard of life. They drafted a document called ‘What Women Demand’ to the convenors of the Congress of the People to incorporate in the Freedom Charter which outlined the rights and equal opportunities they demanded. Issues discussed in the document were the demand for improved health care, education, and equal pay/rights. “The right to live where we choose”.[19] This statement from the document clearly highlights that woman wanted the option to move freely without the need of the identity card or approval from their husband. Women felt it was crucial to mention as many basic needs as possible in the document to clearly show exactly what they had been deprived of. The Federation of South African Women joined with the same beliefs, common interests, and a strong political attitude in a bid to make genuine change and stop (apartheid) the minority of white settlers making economic and political decisions for South African women. Women's March

Women's March

The Women’s March 1956 organised by FEDSAW was one of the first public protests fighting against apartheid and the abolishment of the Pass Laws. 20,000 women marched to the Union Buildings in Pretoria, to protest legislation aimed at tightening the apartheid government’s control over the movement of black women in urban areas and increased violence against women.[20] Women throughout the country marched and protested for equal pay, rights, education, and equal opportunities they had been deprived of from the government. They were frustrated that their freedom was restricted by identity cards. The movement saw one of the largest crowds ever to gather at the Union building; many women brought their babies on their backs to the march.[21] This shows the determination these women had by proving to the government that they could carry out their motherly duties as well as demanding equality and freedom at the same time. The stereotypical assumptions of women’s lack of political knowledge and capabilities were proved wrong as the women that took part in the march showed the authorities that they were capable of staging a movement of great proportion. The march was clearly a huge success as it influenced many women to get involved to make a difference. South African women were applauded for their bravery as they risked arrests and detention for taking part in the movement.[22] This shows fearlessness of the women as they were not prepared to give up. At the march women sang a song called ‘Wathint Abafaz, Wathint Imbokodo’- you strike a woman, you strike a rock.[23] This is significant as it brought together numerous backgrounds and cultures living in South Africa; Indians, Black people, White people. This song highlights the pride these women had in abolishing the abusive laws against them and fighting for equality and a better standard of living. National Women’s Monument

National Women’s Monument

A monument was placed at the Union Buildings in Pretoria, to celebrate the 20,000 brave women that took part in the march which is now celebrated as ‘National Women’s Day’.[24] August 9 is a significant day as it shows the incredible courage the women had when protesting against pass laws, racial segregation and inequality that excised in South Africa. The monument is a legacy of the bravery these women had and is recognised by many worldwide.

What has been done for the women in South Africa

Many things have been done for women in South Africa. For example, the commemoration of the Women's March is held every year. But even things as the Bill of Rights have had great impact on the women in South Africa.

Though many things have been done for the women in South Africa, they still are treated lesser than men but also lesser than white women. Even as this has not improved, these things have had a positive effect on how women are treated around that area. In this way think about how little girls can now have an education without having to be afraid of going to school.

But not only the direct causes, also think about projects in which things against AIDS are done. By helping to do things against this disease, organizations are making sure that the children – girls and boys – get a chance to actually try to get a normal life. Because some of them are born with this disease. Here are many organizations that work on women's issues. During the negotiations, an organization called the Women's National Coalition worked very hard throughout the country collecting women's views on the country they would like to see. This culminated in women from different political parties becoming part of the political negotiations in South Africa. It also led to the development of the National Gender Policy Framework and the establishment of the (initially) Office of the Status of Women, now the Women's Ministry and the Commission for Gender Equality. The big organization that was formed in 2006 to accommodate women from all political organs and walks of life is the Progressive Women's Movement of South Africa (PWMSA).[25]

One of the small organizations is Woman's Net, a feminist organization that especially tries to fight for the equality of women in South Africa. Women also organize themselves in political parties, business organizations, academic institutions, trade union and other structures. Another huge issue in South Africa is the trafficking of women and pseudo-cultural practices that allow child marriages. These arranged marriages have destroyed the lives of many girls. This has changed in 2016 with the amendment of the trafficking legislation to include criminalization of the "ukuthwala" practice which had been bastardised over time. There are many pieces of legislation that have been introduced to promote the protection of women in the rural settings and those married through traditional customs; to protect women from domestic violence, to protect women from rape and ensure their rights in political, social and economic settings. The challenges remain the publicization of these and the education of all the citizens about the constitution and the progressive legislation.[26]

Current events

There continue to be many efforts made for women to gain more rights and fighting against the violence that persists in society.

In September 2019, women took to the streets for three days fighting against the national crisis of violence against women and children. Although President Cyril Ramaphosa assured the women that the laws would be reviewed, they were not satisfied. Some women have asked for the death penalty to be established for those who use violence against women and children. The fight continues to persist in South African society as women continue to be mistreated and violated.[27]

See also

References
  1. Graybill, Lyn (2001-01-01). "The contribution of the truth and reconciliation commission toward the promotion of women's rights in south africa". Women's Studies International Forum. 24 (1): 1–10. doi:10.1016/S0277-5395(00)00160-6. ISSN 0277-5395. PMID 17615659.
  2. Hutson, Shaina (2007). "Gender Oppression And Discrimination In South Africa". Essai. 5: 84.
  3. Andrews, Penelope (2001). "From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa". North Carolina Journal of International Law and Commercial Regulation. 26: 718–719.
  4. Hames, Mary (2006-10-01). "Rights and Realities: limits to women's rights and citizenship after 10 years of democracy in South Africa". Third World Quarterly. 27 (7): 1313–1314. doi:10.1080/01436590600933685. ISSN 0143-6597. S2CID 143977030.
  5. Bentley, Kristina (2004). "Women's Human Rights & the Feminisation of Poverty in South Africa". Review of African Political Economy. 31 (100): 247–261. doi:10.1080/0305624042000262275. ISSN 0305-6244. JSTOR 4006890. S2CID 144170279.
  6. Hames, Mary, "Rights And Realities: Limits To Women's Rights And Citizenship After 10 Years Of Democracy In South Africa", Third World Quarterly, 27 (2006), 1314 https://doi.org/10.1080/01436590600933685.
  7. Albertyn, Catherine. “Contesting Democracy: HIV/AIDS and the Achievement of Gender Equality in South Africa.” Feminist Studies, vol. 29, no. 3, Feminist Studies, Inc.,(2003)- 597
  8. United Nations UN Secretary General's Study on Violence Against Children United Nations, New York (2006) found in hana, Deevia. 2012. "Girls are not free”—In and out of the South African school", International Journal of Educational Development, 32: 353 <http://dx.doi.org/10.1016/j.ijedudev.2011.06.002>
  9. jewkes, Rachel, and Naeema Abrahams. 2002. "The epidemiology of rape and sexual coercion in South Africa: an overview", Social Science & Medicine, 55: 1231 <http://dx.doi.org/10.1016/s0277-9536(01)00242-8>
  10. Wilson, Felicia Renee (2009-02-23). "Girls' Education Movement (GEM): Study Of Program Implementation and Partnerships for Education Development in Cape Town, South Africa". Dissertation.
  11. hana, Deevia. 2012. "“Girls are not free”—In and out of the South African school", International Journal of Educational Development, 32: 353 <http://dx.doi.org/10.1016/j.ijedudev.2011.06.002>
  12. Albertyn, Catherine. “Contesting Democracy: HIV/AIDS and the Achievement of Gender Equality in South Africa.” Feminist Studies, vol. 29, no. 3, Feminist Studies, Inc., 2003, pp. 598http://www.jstor.org/stable/3178725.
  13. Albertyn, Catherine. “Contesting Democracy: HIV/AIDS and the Achievement of Gender Equality in South Africa.” Feminist Studies, vol. 29, no. 3, Feminist Studies, Inc., 2003, pp. 600 http://www.jstor.org/stable/3178725.
  14. HSRC (2018) ‘The Fifth South African National HIV Prevalence, Incidence, Behaviour and Communication Survey, 2017’ [pdf]
  15. jewkes, Rachel, and Naeema Abrahams. 2002. "The epidemiology of rape and sexual coercion in South Africa: an overview", Social Science & Medicine, 55: 1232 <http://dx.doi.org/10.1016/s0277-9536(01)00242-8>
  16. "HIV and AIDS in South Africa". 2021. Avert <https://www.avert.org/professionals/hiv-around-world/sub-saharan-africa/south-africa> [accessed 18 November 2021]
  17. Duff, Se (2014). ""Capture the children": Writing Children into the South African War, 1899-1902". Journal of the History of Childhood and Youth. 7 (3): 355–376. doi:10.1353/hcy.2014.0049. S2CID 144327839.
  18. Hassim, Shireen (2006). Women's Organizations and Democracy in South Africa. Madison: University of Wisconsin Press. p. 25.
  19. Walker, Cherryl (1991). Women and Resistance in South Africa (2nd end ed.). Cape Town: David Phillip Publishers. p. 182.
  20. https://www.gov.za/womens-day>. Retrieved 17 November 2021. {{cite web}}: Missing or empty |title= (help)
  21. Walker, C.J (1978). Women in Twentieth Century South African Politics: The Federation of South African Women, Its Roots, Growth and Decline. University of Cape Town: Unpublished Masters.
  22. "History Of Women's Struggle in South Africa". South African History Online. Retrieved 15 November 2021.
  23. "Women's Monument in Pretori,Gauteng". Sa-Venues.Com. Retrieved 16 November 2021.
  24. Marschall, Sabine (2004). "Serving Male Agendas: Two National Women's Monuments in South Africa". Women's Studies. 33 (8): 1009–1033. doi:10.1080/00497870490890816. S2CID 145016932.
  25. "Archived copy". Archived from the original on 2017-03-15. Retrieved 2017-03-14.{{cite web}}: CS1 maint: archived copy as title (link)
  26. "Women's Rights and representation | South African History Online". www.sahistory.org.za. Retrieved 2021-06-01.
  27. Francke, Robin-Lee (2019-09-06). "South Africa in a crisis of violence against women, says president". The Guardian. ISSN 0261-3077. Retrieved 2019-10-15.
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.