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20 August 2020 | Story Dr Nadine Lake | Photo Supplied
Dr Nadine Lake is a lecturer and Programme Director of the Gender Studies programme in the Centre for Gender and Africa Studies

The transition to democracy in South Africa has been characterised by an uphill battle towards equality. Inequalities shaped by race, gender, and class politics have been amplified since the outbreak of COVID-19. While South Africans initially thought they might be spared the devastation wrought by the virus, it is now certain that nobody is immune, regardless of race, class, age, gender, or social location. In an unprecedented manner, South Africans have become accustomed to hearing from government through President Cyril Ramaphosa’s state addresses on COVID-19 and its spread throughout the country. Although the initial national addresses were regarded as a panacea for some in a time of uncertainty, they are increasingly considered ignorant of broader human rights and the future of the populace. The South African situation is different from those struggling with the pandemic in the Global North, because of structural inequalities that have exacerbated an already precarious outlook on the economic and social stability of the country.

Gender-based violence needs immediate attention

In addition to recently emphasising a zero-tolerance attitude towards corruption in South Africa, President Ramaphosa surprised the nation when he emphasised that our country is dealing with two pandemics. First, COVID-19 has laid bare the slow pace of economic transformation and a crumbling health infrastructure. Second, gender-based violence has emerged as something that needs immediate attention. While it is true that gender-based violence has been and remains a burning issue in the country, it is important to identify the paradox that exists between the liberal agenda couched in the language of women’s rights on the one hand, and the blind eye turned towards slow economic transformation and high unemployment on the other. This emphasis on a liberal political agenda during a time of crisis is not new and has formed part of what we have come to know as political pinkwashing in Western democracies. Pinkwashing has been defined as a practice whereby states seek to create a more positive image of their nation, government, and human rights record, among other things, by speaking about and promoting LGBT rights (Lind, 2014, p. 602). While the African National Congress (ANC) may not be ready to fly the rainbow flag, it is worth noting the tensions between human rights and women’s rights, which have become part of political discourse, or more accurately, politicking. 

GBV and rape culture part of the social fabric

South Africa is reported as the country with the highest rape statistics in the world. In 2018/2019, the South African Police Services reported 52 420 cases of sexual offences. Non-profit organisations such as the One in Nine Campaign, however, highlight that only one in nine women report a sexual offence, and therefore a realistic estimate is likely much higher than the recorded statistics. Furthermore, according to a survey conducted by the South African Medical Research Council, one in four South African men have admitted to committing rape. These statistics demonstrate that gender-based violence and rape culture form part of the social fabric and that women are disproportionately affected by violence. In the first week of the South African lockdown, more than 87 000 cases of gender-based violence complaints were reported. One of the rape cases that received prominent media attention during the first phase of the lockdown, was that of a police officer who raped his wife. The Minister of Police, Bheki Cele, quickly gained the reputation of a rape apologist when he stated that the man who raped his wife was her husband and not the police, because he was not in a police uniform, and the rape did not happen at the police station. This absurd response reinforces common rape myths and reduces the seriousness of sexual offences. Although opposition political parties such as the Democratic Alliance (DA) have called for the removal of Minister Cele, who was deemed unfit for office, these calls have fallen on deaf ears. The message conveyed is that men in positions of authority are exempt from punishment and speak and act with impunity when it comes to sexual violence. 

#MeToo

Gender-based violence and rape is not specific to South Africa. The normative position of violence against women is widespread and deeply entrenched in institutions, cultures, and traditions worldwide. Movements such as #MeToo, which emerged in 2017 as an outcry against sexual violence and abuse, gained rapid momentum and started to see the prosecution of sexual predators such as Harvey Weinstein and Jeffrey Epstein in the United States. The global solidarity against sexual abuse shown by women on social media has shown that relentless pressure on patriarchal systems forces accountability, and refuses men permission to perpetrate violence against women with impunity.

As we reflect on Women’s Month 2020 in South Africa, it is necessary to observe a moment of silence to victims of sexual abuse and femicide. We pay respect to Fezekile Khuzwayo, Uyinene Mrwetyana, Tshegofatso Pule, Naledi Phangindawo, Nompumelelo Tshaka, Nomfazi Gabada, Nwabisa Mgwandela, Altecia Kortjie, and Lindelwa Peni, and the many other women who have suffered misogynistic violence. Women’s Month provides us with the opportunity to take hands and speak out against the micro-aggressions and brutal acts of gender-based violence that should not form part of what we define as a truly democratic South Africa. 

Opinion article by Dr Nadine Lake, lecturer and Programme Director of the Gender Studies programme in the Centre for Gender and Africa Studies, University of the Free State


News Archive

CR Swart Memorial Lecture: Mr Cecil le Fleur
2006-08-08

Khoe and San call for government to speed up policy dialogue with indigenous communities  

 Mr Cecil le Fleur, leader of the National Khoe-San Consultative Conference and member of the executive management of the National Khoe-San Council, has called for a national policy on indigenous peoples to protect the human rights and special needs of indigenous people in South Africa.

 Mr Le Fleur delivered the 38th CR Swart Memorial Lecture on the Khoe and San at the University of the Free State (UFS).  He commended the UFS for its serious approach to the Khoe and San and for initiating initiatives such as a research project on the Griqua in which various aspects linked to language, -culture, -history, - leadership, their role in the South African community (past and present) and the conservation of their historical cultural heritages will be covered.   

 “The policy dialogue with indigenous communities initiated by government in 1999 and supported by the International Labour Organisation (ILO), has been exceedingly slow, owing to political and bureaucratic problems,” said Mr Le Fleur.

 According to Mr Le Fleur the slow pace is also impacting negatively on the United Nations’ efforts to expand the international standards and mechanisms for human rights so as to include the special needs of indigenous peoples.

 “The successful adoption of a South African policy would probably have a major impact on the human rights culture of Africa and, more specifically, on the UN system,” he said.

 “South Africa has a powerful moral authority internationally and is willing to use this authority in multilateral forums. At this stage, however, South Africa’s Department of Foreign Affairs (DFA) may not take an official position on UN instruments and declarations pertaining to indigenous issues, until the Cabinet has resolved its own domestic policy position,” he said. 

 According to Mr le Fleur it therefore came as a great surprise when the DFA brought out a positive vote in the UN for the adoption of the "Draft Declaration on the Rights of indigenous Peoples" in June this year, even before the completion of the policy process. 

 Policy consolidation in South Africa is the primary key to creating a new policy climate in Africa in order to protect the rights of indigenous peoples.  “The existing constitution of the Republic of South Africa is one of the most liberal on the continent, and embraces the concept of redress of past discrimination.  It already includes a clause (Section 6) making provision for the protection of language rights for Khoe and San peoples - the fist peoples of southern Africa,” he said. 

 “If South Africa can effectively integrate this ‘third generation’ of collective rights within an existing democratic constitution, this will send a clear message to Africa and the world that indigenous rights are a necessary component of human and civil rights in modern democracies,” he said.

 Mr Le Fleur proposed an institutional framework based on set principles that would satisfy the needs and aspirations of the Griqua and other first indigenous peoples in South Africa.  “The proposed framework was based on the notion of vulnerability as a result of colonialism and apartheid, which stripped us of our indigenous identity, cultural identity and pride as people.  This injustice can hardly be addressed within the existing mechanisms provided by the current text of the Constitution,” he said.

 Mr Le Fleur also proposed that the principles of unique first-nation status, as recognised in international law, should be applied in the construction of the framework of the constitutional accommodation for the Khoe and San. 

 Mr Le Fleur further proposed that the Khoe and San’s indigenous status in constitutional terms must be separate from the constitutional acknowledgement of their status as a cultural community, as envisaged in sections 185 and 186 of the Constitution of 1996.

 According to Mr Le Fleur, the suggested mechanism should make provision for structures such as:

  •  A statutory representative council for First Indigenous Peoples of South Africa at a national level;
  • a separate Joint Standing Committee on Indigenous and Traditional Affairs, in both the National Assembly and the National Council of Provinces on which the Khoe and San can be represented;
  • a representative structure for the Khoe and San in the legislature of each relevant province; and
  • ex officio membership in the relevant structures of local government.

Media release
Issued by: Lacea Loader
Media Representative
Tel:   (051) 401-2584
Cell:  083 645 2454
E-mail:  loaderl.stg@mail.uovs.ac.za 
24 August 2006


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