WOMEN'S ANTI-DISCRIMINATION COMMITTEE BEGINS CONSIDERATION OF SOUTH AFRICA'S INITIAL REPORT

387th Meeting (AM)
WOM/1057
24 June 1998



Experts Commend South African Women for Role in Promoting Equality

Despite the legacy of discrimination and underdevelopment of the
apartheid regime, South Africa had made significant achievements in
promoting the equality of women, the Committee on the Elimination of
Discrimination against Women was told this morning, as that country
presented its first-ever report.

Virtually all laws that discriminated against women had been repealed, as
a first step in countering stereotypes and patriarchy, the Minister of
Welfare and Population Development, Geraldine Fraser-Moleketi, told the
23-member expert body, which monitors compliance with the Convention on the
Elimination of all Forms of Discrimination against Women. All levels of
society were being enlisted in the effort to sensitize decision makers and
raise public awareness, she added.

Since the 1994 election, there had been a steady increase in the number
of women ministers and deputy ministers in Cabinet. The new Constitution
ensured specific provisions for gender equality, affirmative action and
freedom and security, largely due to the efforts of women in Parliament.

There remained widespread discrimination against women in South Africa,
both in terms of customs and practice, the Committee was told. Violence
against women was the greatest obstacle to their enjoyment of the fruits of
the new democracy. The prevention of such violence was a priority in the
national crime prevention strategy.

Following the introduction of the report, Committee members commended
South Africa's efforts to implement gender equality and the role of women
were playing in that process. One said this was an historic moment for the
country, which could show more "tired" countries a fresh approach to
institute principles of freedom and equality. Now was the best chance to
entrench provisions of equality in South Africa.

The Committee will meet again at 3 p.m. today, to continue posing
questions to the Government of South Africa.

Committee Work Programme

The Committee on the Elimination of Discrimination against Women met this
morning to begin considering the initial report of South Africa (document
CEDAW/C/ZAF/1), submitted under article 18 of the Convention on the
Elimination of All Forms of Discrimination against Women. That article
provides for States parties to submit reports on legislative, judicial,
administrative and other measures adopted to give effect to the provisions
of the Convention. (For background on the session, see Press Release WOM/1053 of 19 June.)

The report, the first since South Africa ratified the Convention in
December 1995, points out that, during the apartheid era in South Africa,
the struggle against racial discrimination took centre stage. Redressing
the deep-seated racial legacies of apartheid remains one of the
Government's most daunting challenges. At the same time, it is determined
to continue a parallel struggle for gender equality. Despite impressive
representation in the Parliament, power relations that prevent women from
leading productive and fulfilling lives operate from the domestic to the
highest public level. The battle must be waged on many fronts: despite
legislative changes that grant women equality, traditions and customary law
hold sway in many rural areas.

Noting the statement of a judge of the Constitutional Court that "one of
the few profoundly non-racial institutions of South Africa is patriarchy",
the report observes that all women in the country have experienced
discrimination at some stage of their lives. Black women have suffered on
numerous counts, and the plight of those in rural and other disadvantaged
areas is especially severe. Special emphasis has been placed in government
policies and programmes on reaching those women who have been most
marginalized.

Since South Africa held its first democratic elections in 1994, a number
of laws have been reviewed in an effort to expunge discrimination from the
statute books, the report continues. Efforts are being made to ensure that
gender is taken into account in all new legislation, such as that relating
to land tenure. The new Constitution of South Africa, which came into
effect in February 1997, provides for affirmative action, and the Public
Service has set transformation targets that include race and gender. Equal
opportunity legislation soon to be enacted will oblige both public and
private sectors to work towards a more representative labour force.

The new Constitution entrenched equality firmly into the country's value
system, the report goes on. The founding provisions, set out in Chapter 1,
assert that the democratic State is founded on the values of human dignity,
the achievement of equality and advancement of human rights and freedoms,
and on non-racialism and non-sexism. Among the important clauses of the
Constitution for the advancement of gender equality is the equality clause
in the Bill of Rights, which says that 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.

The Constitution also states that where there is a conflict between
customary law and the Constitution, the Constitution will take precedence,
the report says. There are many areas where such conflicts exist. Under
customary law, for example, a widow has no right of inheritance from her
husband. A relative of the husband -- usually a brother -- becomes the
guardian of both the wife and the children; widows undergo a purification
ritual and are then eligible to be married by the husband's relative.
Widowers are not treated in the same way.

According to the report, many of the legislative changes have come about
as a result of pressure from women parliamentarians and members of
provincial legislatures. Partly because of a one-third quota for women by
the ruling African National Congress in the 1994 elections, women constitute
approximately a quarter of law makers both at national and provincial
levels. Women also constitute 30 per cent of ministers and deputy ministers. South Africa is
now among the top 10 countries in the world in terms of the representation
of women, but some of that fervour has begun to taper off. There are
suggestions that many women parliamentarians will not run for a second term, and that
different electoral arrangements in 1999 may not be as favourable to women as in the
first democratic elections.

The report says that an Office on the Status of Women (OSW) has been
established in the Deputy President's Office, and provincial OSWs have been
or are being established in most provinces. Those structures will
coordinate gender units in all government departments, at national and
provincial levels.

The Department of Land Affairs, for example, has identified as
discriminatory laws such as the Natal Code of Zulu Law, which states that
all women are perpetual minors and that married women are the subjects of
their husbands. In drafting its land reform policy, the Department has
attempted to give women security and equal rights with men regarding
ownership, control and use of land. The Communal Property Associations Act
(1996) provides for communal tenure in accordance with the principles of
democracy, accountability and equality.

In terms of accelerating de facto equality between men and women, the
report cites examples, such as the setting of a target figure of 30 per
cent female new recruits to middle and senior management echelons in the
public sector, where affirmative action programmes have also been
introduced. Improvements in areas such as pension contributions and
employment conditions have been made, although women are still disadvantaged
in many areas, including child care. In the private sector, in mid-1997, 88 directorships
of companies listed on the Johannesburg Stock Exchange were held by women, more than
double the figure from a year before. However, 68 of those directorships were
held by white women. And women still accounted for under 5 per cent of all
directors of listed companies.

The report notes that similar gender patterns as those seen around the
world are exacerbated by racial discrimination and disadvantage, which sees
black women generally occupying the least prestigious and lowest paid
positions. The Department of Labour's Green Paper on Employment and Occupational
Equity proposes legislation which would promote greater representation of those
disadvantaged by race, gender or disability, and would outlaw any
discrimination in the workplace. The proposed legislation will cover both
public and private sector employment.

The Constitution provides for an independent Commission on Gender
Equality, which reports to the Parliament, the report goes on. The
Commission, which began work in April 1997, is responsible for advocating
and overseeing the advancement of gender equality in both the public and
private sectors. The Commission also faces the enormous challenge of mobilizing
public opinion around the many aspects of gender discrimination which stem from custom, tradition and religion -- practices and beliefs that seldom respond only to legislative reform.

The report quoted a 1994 market research survey, which stated that while
more than 90 per cent of respondents agreed women should be paid equally
and have equal employment rights, only 76 per cent felt women had a right
to say no to sex. Only 66 per cent of respondents felt that "some parts of traditional
culture should be changed to allow women the same rights as men", and 10
per cent condoned a man beating a woman. The director of the company that
conducted the survey noted that it reflected only urban, "and hence probably more liberal
views".

In some traditional rural societies, women are forced into a submissive
position where they have little or no control over their own lives or
bodies, the report continued. They are seen as the property of their
husbands, fathers or sons. They are expected to bear and raise children,
and confine themselves to matters of the household. The traditional
practice of Lobola (bridewealth) was originally a way of bonding two
families, but many women in South Africa feel men exploit the tradition by
insisting on marital fidelity for women but not for men.

According to the report, the pass laws and homeland system of apartheid,
designed to create a pool of male black labour for the white farms, mines
and factories, left women to fend for themselves in the impoverished and
largely rural homelands. Passports were also frequently denied as part of the
suppression of those who opposed apartheid. The new South African
Constitution provides that all citizens are equally entitled to the rights, privileges and
benefits of citizenship, and equally subject to the duties and responsibilities of
citizenship. The South African Citizenship Act (1995) confirms the
citizenship of people resident in the former homeland areas. The South
African Passports and Travel Documents Act (1994) confers on each South
African the right to a passport, and women have equal rights with men
regarding the acquisition, change or retention of their nationalities.
Citizenship is determined by birth or parentage, and a mother's citizenship
carries equal weight with that of a father.

A key contributing factor to women's inability to overcome poverty is
lack of access to, and rights in, land, the report says. For women,
discriminatory customary law and social practices add to the racial inequities
experienced by black men. Legal restrictions also impede women's access to
land and the financial services to develop it. The Land Reform Programme
is in its early stages, and as yet has had no significant impact on the
situation of rural women, but aspects of the programme, such as a provision
for communal tenure, are specifically designed to give women equal rights.

A special sub-directorate of the Department of Land Affairs is working on
developing policy guidelines to facilitate women's participation in land
reform, the report continues. Their policy framework is in line with the
Government's commitments to the platform of the Fourth World Conference on
Women in Beijing in 1995. This called for legislative and administrative
measures to give women and men equal rights to economic resources,
including access to ownership and control over land and other properties,
credit facilities, natural resources and appropriate supporting technology.

Apartheid has also left a legacy in education, says the report. Only
6 per cent of African women and men 20 years and older have graduated from
tertiary institutions, and the percentage of men with university degrees is
higher than that of women. Twenty per cent of African women and 14 per
cent of African men have no formal schooling at all.

The report notes that a Gender Equity Task Team was established in 1996
to advise the Department of Education on the establishment of a permanent
Gender Unit in the Department. It also advises on: means of correcting
gender imbalances in enrolment, drop-out, subject choice, career paths and
performance; guidelines to address sexism in curricula, textbooks, teaching
and guidance; affirmative action strategies for increasing the representation of women in
professional leadership and management positions; and strategies, including
legislation, to counter and eliminate sexism, sexual harassment and
violence throughout the education system.

Violence against women is a major problem in South Africa, according to
the report. The country has a high incidence of all forms of violent
crime, including gender violence, which affects women of all races, classes
and ages, in rural and urban areas. The high levels of violence are, in
part, a reflection of the state of conflict and deprivation that the
country has experienced. The seriousness of the issue is widely recognized
in Government and by the general public. In 1997, violence against women
was added as one of the priority crimes under the National Crime Prevention Strategy.
Nevertheless, the rates of reported rape, sexual abuse of children and
domestic violence continue to rise. Domestic violence is still not included as a defined
violent crime, and there are many institutional and other barriers to
measuring the prevalence of the different forms of gender violence.

The new Constitution contains a clause on freedom and security of the
person, which states that everyone has the right to "bodily and
psychological integrity". This includes the right to make decisions
concerning reproduction, and to security and control over one's body. In
practice, however, despite such legal protection, those who are violated
often face further problems in their treatment. In many cases, the
problems are a result of the attitudes and prejudices of law enforcement
agencies and other government personnel. In other cases, they are a result of the inaccessibility of services, particularly in rural areas.

The report concludes that South Africa has come a long way in the short
time since the negotiation of the interim and new constitutions. The
Government is aware of both the achievements and the many inequities and
challenges that remain. It also recognizes that addressing the many areas
of gender inequity requires not only the simple removal of gender
discrimination, but also positive and proactive action. Changing laws and
policies is not enough; action is needed to ensure that progressive laws
and policies do not remain on paper, but are translated into real change on
the ground.

Introduction of Report

GERALDINE FRASER-MOLEKETI, Minister of Welfare and Population
Development, introduced the report of South Africa. She said the
oppressive apartheid regime had left a legacy of underdevelopment, the
magnitude of which was just starting to be appreciated. In the stark
picture of the legacy of discriminatory practices of the previous Government,
it was quite clear that race, geographic location and gender were the main
determinants of who was poor.

Sixty-one per cent of Africans lived under conditions of abject poverty,
while only 1 per cent of whites were poor, she said. Ninety-five per cent
of all reported rapes were of African women. It was within such
circumstances that the South African Government had to address the
empowerment of women, which remained high on the national agenda, despite
all the challenges facing the Government.

She said the Government had set up various institutions in the country to
work towards equal rights for women. It had adopted a multi-pronged
approach to gender mainstreaming, one that would utilize and create
structures at all levels of society. Such structures included the OSW, the
Committee on the Quality of Life and Status of Women, the Commission on
Gender Equality, and the Human Rights Commission. The OSW worked at
national and provincial levels.

On article 1, which defined discrimination, the Constitution of South
Africa had entrenched equality even more firmly in the country's value
system, she said. The founding provisions assert that the democratic State
was founded on values of human dignity, the achievement of equality and the
advancement of human rights and freedoms, and non-racialism and non-sexism.
The Constitution also stated that "Any international agreement becomes law
in the Republic when it is enacted into law by national legislation..." and
"When interpreting any legislation, every court must prefer any reasonable
interpretation of legislation that is consistent with international law..."

On articles 2 and 3, relating to the elimination of discrimination and
the advancement of women, the Government had repealed many discriminatory
laws, and continued to review existing legislation, she said. It had also
adopted a National Framework for a Plan of Action on Human Rights. The OSW
had just drafted a policy on women's empowerment and gender equality. That
policy took a basic needs approach on the premise that the majority of
women lived below the poverty line.

On article 4, on accelerating de facto equality, she said the
Constitution allowed for special measures to be taken to correct past
imbalances. Many departments had set internal targets to accelerate the entry of
women into the public service. One of the post-1994 Government's foremost tasks had
been to transform the public service into an efficient and effective instrument
capable of delivering equitable services to all citizens, and of driving
the country's economic and social development. However, the Government had inherited a
public service characterized by ineffectiveness, unfair discrimination and
division.

Turning to article 5, dealing with sex roles and stereotypes, she said
patriarchy was deeply embedded in the customs, cultures and religions of
all South Africans. It is not surprising that stereotypes abound in the
country's language, education system, media, popular culture and everyday
practices. The national machinery, however, is mandated to transform the
attitudes of the nation. The Office on the Status of Women has begun a
programme of sensitization of political heads and senior managers,
including provincial managers. Efforts are also under way to address the
problem in education and the media.

Under article 6, on the suppression of the exploitation of women, she
said the Sexual Offences Act of 1957 makes prostitution, any involvement in
a brothel, and the exploitation of and traffic in women an offence in the
country. Recent media and police records reflected a disturbing increase
in reports of sexual abuse of children. During 1995, and 1996, official
reports of sexual crimes against children suggested an increase in rape (38
per cent), sodomy (35 per cent), and incest (15 per cent).

South Africa's initial country report on the Convention on the Rights of
the Child expressed concern with the apparent increase in the commercial
sexual exploitation of children. Following South Africa's participation in
the First World Congress against the Commercial Sexual Exploitation of
Children in 1996, the Department of Welfare is heading a team to develop a
plan of action against such sexual exploitation. It would include the
establishment of a register of sexual offenders against children.

On article 7, on political and public life, she said that in the 1994
election, the adoption of a quota by the now ruling African National
Congress had led to a dramatic change in the representation of women in
Parliament, although women were still underrepresented in other areas of
public life. The impact of women had been significant. For example, in
the Constitutional Assembly, women had ensured the inclusion of specific
provisions for gender equality, affirmative action and freedom and
security. There had also been a steady increase in the number of women
ministers and deputy ministers in the Cabinet. On a local government
level, the figures for representation of women were lower, but still
compared well with global statistics.

On article 8, which deals with international representation and
participation, she said that South Africa participated in five United
Nations bodies concerned with the empowerment of women. As for
representation of the country abroad, during the last Government, women had
played a secondary role. That had changed dramatically since 1994. Fourteen
of 92 (15 per cent) foreign missions were currently headed by women, and
eight of those placements were in "Group of 7" countries.

On article 9, dealing with nationality, she said that South Africa's
report dealt in detail with the impact of the pass laws and influx control
regulations of the apartheid era on black South Africans. Turning to
article 10, on education, she said that prior to 1994, the education system
in South Africa had been divided along racial lines. It deficiencies,
particularly for women, had left their mark, and the country faced a major
challenge in overcoming them.

The national education policy called for a curriculum in which all
learners should be able to choose the subjects they would study, she
continued. However, school cultural practices presented barriers to an
increase in the number of girls in subjects and courses such as science, mathematics, engineering, woodwork and technical drawing. The National Qualifications Framework had
developed new learning areas with guidelines designed to address social and
cultural patterns that lead to discrimination and to stereotyped roles for
women and men.

On article 11, which covered employment, she said that, as in other
countries, South African women were concentrated in certain sectors of the
economy, in particular the community, social and personal services sector -
many women were domestic workers -- and in wholesale or retail trade,
catering and accommodation services, and in manufacturing. Only 3 per cent
of all South African women recorded as working were classified as managers.

The Basic Conditions of Employment Bill of 1997 addressed the special
needs of pregnant, lactating and disabled women by preventing dismissal or
denial of employment on such grounds, and extended protection to workers in
part-time or non-permanent jobs, she said. The Department of Labour's
current five-year programme included the elimination of racial and gender
imbalances in work places throughout the economy.

On article 12, on equality in access to health care, she said there were
still severe imbalances. The country report covered areas that were
pertinent to women, such as the major causes of female deaths, rates for
maternal deaths related to childbirth, life expectancy and fertility rates.
Tuberculosis remained a serious public health problem in South Africa,
accounting for over 80 per cent of all reported notifiable diseases in
1995, and the overall tuberculosis incidence rate was estimated at 239 per
100,000 women. A national tuberculosis register had been introduced under
the South African Tuberculosis Programme.

In the South African HIV/AIDS epidemic, it was predominantly those in
heterosexual relationships who were infected, she said. More women than
men were affected. The latest survey by the Department of Health,
conducted in late 1996, found that an average of 14 per cent of all
pregnant women attending antenatal clinics to be HIV positive. There had
also been a significant increase in the incidence of HIV/AIDS in 12 to 14
year-olds. The deep concern and political will to address the HIV/AIDS
epidemic was reflected in the establishment of the Cabinet Committee on
HIV/AIDS, chaired by the Deputy President.

Turning to article 13, on economic and social benefits, she said that
South Africa had made major strides in transforming its social security
system. For a new democracy facing competing priorities, South Africa had
identified the provision of assistance to poor families as a critical area
of concern.

Turning to article 14 on special help for rural women, she said women and
children dominated the population in the poverty-stricken rural areas. A
key contributing factor to women's inability to overcome poverty in rural
areas is the lack of access and rights to land. The South African
Government has introduced a comprehensive land reform programme. The Land
Reform Gender Policy is in line with the 1995 Beijing Platform, which
required states to take legislative and administrative measures to give
women and men equal rights to economic resources, including access to
ownership and control over land and other properties, credit facilities,
natural resources, and appropriate supporting technologies.

The new definition of farmer was altered to make specific reference to
women, she continued. In addition, the principles of agricultural policy
were examined to ensure that they were both gender-sensitive and
nondiscriminatory. The subjugation of women farm workers is being
addressed in draft legislation, despite strong opposition from commercial
farmers. Anecdotal evidence suggests that maternal mortality is higher for
women in rural areas from pregnancy-related causes and that services were
either not readily available or virtually non-existent in some areas. The
clinic building programme, the free primary health-care programme, health
education and the reorientation of health workers are all initiatives which
should assist in addressing obstacles.

Addressing article 15 on equality before the law and civil matters, she
said that virtually all laws that had discriminated against women have been
removed from the statute books. The general Fourth Amendment Act of 1993
removed the last vestiges of such statutory provisions and the South
African Law Commission was looking into residual discriminatory laws.
Women generally experienced more obstacles than men in accessing justice
and legal services. As the poorest in society, women -- particularly black
women -- experience numerous barriers in accessing legal services. A
special gender fund has been set aside by the Legal Aid Board to address
the problem. The Justice Vision 2000, a five-year national strategy for
transforming the administration of justice, acknowledged the peculiar
circumstances of women, their vulnerable categories, and identified a
number of strategic interventions to respond to their needs.

Turning to article 16, on equality in marriage and family life, she said
that marital patterns reflected the country's cultural patterns.
Customary, Muslim, Hindu and other types of marriages enjoyed limited
recognition. In addition to the perpetual minority position that women
were subjected to under Customary Law, women were also subjected to the
husband's marital power. There had been virtually no safeguards to protect
women from being impoverished by a husband's alienation, spousal
maintenance was not clarified and child maintenance was dealt with in an
unsatisfactory manner, she said.

Recent law reform initiatives included recognition of Customary marriages
and seeks to achieve equality between men and women with regard to status,
contractual capacity and administration of joint property, she said.
Positive measures have also been adopted in respect of power imbalances,
especially in the area of domestic violence. On the issue of parental
rights, the law places primacy on the best interest of the child,
irrespective of the kind of marriage; maintenance laws and administration
were being overhauled to improve substantive law. Remaining challenges
included proprietary rights in religious and de facto marriages.

She then turned to general recommendations on articles 12 and 19, gender-
based violence against women. The Constitution guarantees the right to
freedom and security of the person, including the right to be free from all
forms of violence from public or private sources. It further guarantees
the right to physical and psychological integrity. South Africa considers
its achievements to date to include the enabling constitutional framework
and its commitment to implementing human rights norms.

Preventing violence against women is a key area of the national draft
plan of action being developed, she said. Aspects of violence against
women are integrated into civil laws, such as the family violence act.
However, the general legal system was inadequate to deal with the
phenomenon. The Government recognizes violence as the greatest obstacle to
women's enjoyment of the fruits of the new democracy, and it gives
prevention of violence against women a priority matter in the national
crime prevention strategy. Challenges which remain in the effort to prevent
that violence, include gaps in law and policy; institutional and
administrative gaps; attitudes; and inadequate monitoring and
accountability.

The country is currently working on increasing protection through a
number of means, including provision of free services, protection from
stalking and redefining crimes such as rape. Policy initiatives include
the development and implementation in 1997 of guidelines for handling
victims of sexual offenses. Improving service delivery is an area in need
of urgent attention, she noted. Pretrial services are available and
witness friendly courts are being developed, structured to protect privacy
and provide counselling. The effort to transform attitudes is twofold,
targeting both service providers and the broader public.

There is still discrimination against women in South Africa, both in
terms of law and practice, but the country is determined to change this
fact, first and foremost by bringing the country's legislation in line with
the Convention. The country's Constitution is a victory for the women of
South Africa, since in the absence of a legislative framework, no amount of
good will will create gender equality. Focussing also on providing
services to improve the quality of life of every woman in all parts of the
country, South Africa is determined to meet its international obligations.

General Comments by Experts

The Committee's Chairperson said the high-level delegation, consisting
of governmental and non-governmental representatives, indicated South
Africa's commitment to the Convention. Further, it was apparent that the
report was the result of tremendous efforts and input from experts. She
appreciated the fact that the report had been forwarded with a letter from
President Nelson Mandela.

An expert applauded the role of the women in South Africa in bringing
that country to its current status. Several commended the interest in the
Convention exhibited by Government and civil society actors; this had been
apparent even prior to ratification. An expert noted with appreciation
that the national machinery for women was highly positioned within the
Government, and expressed the hope that the provincial offices had been
established, in light of the importance of the grassroots in a
decentralized government.

The Commission on Gender Equality was a model body, she said. It was
accountable directly to the Parliament and thus able to function
independently. She suggested that such a structure be established in all
countries in the African subregion. The Commission should be given the
funds it required and efforts to obtain statistical information separated
by sex should be enhanced.

Another expert commended the tremendous efforts that South Africa was
making to redress the effects of apartheid. However, much remained to be
done. That was only to be expected as the country was having to "start
from scratch". There was a chronic level of unemployment, and a high
incidence of rape -- particularly of young girls. She wanted to know why
such offenses were so prevalent.

She complimented South Africa for having written its Constitution in
plain and non-sexist language, and for having it translated into all the
languages of the country, and even into Braille. She noted with concern the
practices of Customary laws in the country, and applauded the efforts by
the Government to discourage such practices.

An expert said the political will to transform the status of women
clearly existed in South Africa, and women were playing an active role in
that transformation. Their involvement was courageous and heroic. The
report had provided a long series of thought provoking observations,
highlighting the frankness of the Government and its resolve to integrate
gender equality into all aspects of life and legislation. She wanted to
know how provisions for gender equality would be monitored and verified.
She asked for more insight into the authorities and powers of the national
machinery of the Government that was charged with drafting and implementing
policies of gender equality. Specific measures were being introduced, but
the overall policy of the machinery had not been made clear. She also asked
how effective the machinery was in the provinces.

Another expert commended the unique Constitution and the supportive
legislation framework. She wanted to know about budgetary allocation for
the national machinery on equality, and whether those involved in the
machinery had been adequately trained to develop and implement policies.
Were there overlapping aspects of the national machinery? The high rates
of violence against women was a cause for concern. There were reports from
various other sources on the persistence of such violence in South Africa.
She also wanted to know why the white paper on education had not been
effective yet in terms of eliminating the stereotyping of women in school
textbooks.

Comments on Specific Articles

On article 2, which deals with legal and administrative measures
undertaken to eliminate discrimination, an expert said the initial report
from South Africa and its presentation was exciting. It was a historic
moment for the country, which should be able to show more "tired" countries
a fresh approach that could be taken to institute the principles of freedom
and equality.

She said she was not entirely clear about the relationship between the
Constitution and other legislative measures that were being taken. It was
important now to specifically lay down an official description of gender
discrimination, when there was a unique opportunity to entrench gender
equality. It would greatly benefit South African women to be able to use
such a definition, especially in local courts and tribunals. The
Constitutional Court would be completely inaccessible to most women for
everyday concerns.

In drafting a definition of gender discrimination, the expert recommended
that the Government look to article 1 of the Convention, for inspiration.
However, with its forward-looking approach, she was sure that the
Government of South Africa would be able to improve on that definition.
Changes to laws and legislation was the easy part, she said, the difficult
part was going to be the implementation of equality. Now was the best
chance to entrench provisions of equality in South Africa: 10 or 20 years
from now, the country would not still have such a fresh approach.