1 THE COMMISSION’S ROLE TO ADVANCE GENDER EQUALITY - PowerPoint Presentation

Slide1

1

THE COMMISSION’S ROLE TO ADVANCE GENDER EQUALITY IN THE PUBLIC SECTOR

Mbuyiselo BothaCommissioner at the Commission for Gender Equality Slide2

2

Mandate of the CGE

Section 187

of the Constitution and CGE Act No. 39 of 1996 as amended require the CGE to promote respect for, and the protection, development and attainment of gender equality. The CGE vision is a society free from gender oppression and all forms of inequality

The

CGE mandate is to

monitor and evaluate legislation, policies and practices of the state, statutory bodies and private businesses, as well as indigenous and customary laws and practices; research and make recommendations to Parliament;

Slide3

3

Mandate

And to receive and investigate complaints of gender discrimination; and conduct public awareness and education on gender equality. CGE has powers of subpoena and litigation

Slide4

4

The framework for transformation in the

workplace

The South African Constitution promotes equality in the workplace and since the early 1990s the country has worked at international levels to eliminate discrimination on the basis of race, gender, sex, sexual orientation, age and disability.

South Africa ratified the following conventions :

I

nternational Labour Organisation (ILO) Convention No. 111

, concerning equal remuneration for men and women workers for work of equal value (ratified by South Africa in 2000)Slide5

5

Continuation

I

LO Convention No.100

(ratified by South Africa in 1997) which requires member states to pursue policies that promote equal opportunity, equal treatment in employment and access to opportunities including

vocational training (with a view to eliminating discrimination in employment).

Equality in the workplace is also embedded in South Africa’s national legislative framework including:Slide6

6

Continuation

• Labour Relations Act of 1995

• Basic Conditions of Employment Act of 1997

• Employment Equity Act (EEA) of 1998

• Skills Development Act of 1998

• Promotion of Equality and Prevention of

Unfair Discrimination Act (PEPUDA) of 2000

• Broad-Based Black Economic Empowerment (B-BBEE) Act of 2003.Slide7

7

Continuation

Employers are bound by these Acts to equalise employment opportunities for women and those with disabilities and to remove barriers to their entry, advancement, development, remuneration and retention.

They are also bound by the same Acts to do this in ways that are evaluative and innovative, reviewing old policies and practices and testing new ones.Slide8

8

Continuation

The EEA is the foundation for a range of policies, commissions and activities to achieve equitable representation in the workplace. It:

• Promotes skills development for the disadvantaged

• Establishes the Commission for Employment Equity (CEE) to ensure that employers promote equal opportunity and eliminate discriminatory hiring practices

• Makes employers responsible for training and developing women in the workplaceSlide9

9

Continuation

• Removes obstacles to promoting women in the workplace

• Obliges employers to narrow wage gaps between employees of different sexes who perform similar work

• Promotes flexible working hours, time off during pregnancy and the improvement of maternity and childcare facilities.Slide10

10

Transformation hearings

The CGE commenced with the transformation hearings in 2013 wherein public entities were invited to give an account of their activities within the gender arena in order for the Commission to conduct a thorough investigation into gender transformation in the respective workplaces.

Transformation hearings were conducted throughout all the nine provinces.Slide11

11

Continuation

The transformation hearings were intended to :

Assess the impact of the Employment Equity Act on women in both the public and private sectors, and address institutional and systematic barriers to their economic progress

Hold public and private sector directors accountable for non-compliance with the Act

Raise awareness of relevant international commitments and the importance of compliance

Assess what measures have been put in place in the workplace to bring about transformation in terms of gender and disabilitySlide12

12

Continuation

Share experiences and identify challenges faced by CEOs and Director-Generals in the implementation of the Act

Strengthen the working relationship between constitutional bodies and civil society in raising awareness about South Africa’s compliance with international instruments, and about support and capacity interventions provided in this regardSlide13

13

The legal consequences

Through a Notice to appear, the accounting officers are invited before the Commission to present evidence on transformation in their respective workplaces

The hearings had a legal consequences and as a result the accounting officers were requested to take an oath before providing the evidence to the Commission on transformation.

Through a panel of Commissioners , the CGE would engage with the accounting officers based on the evidence and oral presentation made before the Commission.Slide14

14

Continuation

Any accounting officer who fails and/or neglects to appear before the Commission prompts the Commission apply for a warrant

of arrest of

the concerned

Accounting Officer. Slide15

15

Findings of the Commission

The CGE’s findings reveal a more progressive picture in the public sector than in the private one. Nonetheless there are challenges with both.

The positive changes are:

• An increasing number of women are participating at executive level of businesses

• Certain efforts to develop the skills of women are on the increase (bursaries, coaching and leadership development).Slide16

16

Continuation

•

Certain government departments are providing executive training for women, developing EE targets, assigning responsibility for this at a senior level and integrating EE into strategic plans, with monitoring interventions in place.

• Certain departments have included gender transformation targets in their performance appraisals of managers.

• Several government departments have initiated gender equality awareness within the workplace.Slide17

17

Continuation

The negatives are:

• The pace of gender transformation in the workplace has been slow.

• The gender wage gap persists.

• Few women are in the very top management positions of business and some sources suggest that the number of women company directors, chairpersons and chief executive officers (CEOs) declined in 2010-2011 .

•

Slide18

18

Continuation

Black women make up only 3.4% of top management in business and 3.8% of senior management. White women make 10.2% and 16.9% respectively.

• Representation of people with disabilities has fallen from 1% to 0.5% in both the public and private sectors.

• The public sector has failed to meet the State’s 50% target for women’s representation at senior management levels and its 2% target on PWD

Slide19

19

Follow-up Hearings

In order to ensure that the entities have implemented the recommendations of the CGE and to track progress the CGE convened follow-up hearings with the same entities in all provinces in 2014.

During the follow-up hearings the Commission found that majority of the entities have made great strides in implementing the CGE recommendations. For example entities that did not have employment equity plans had initiated the plans and sexual harassment policies etc have been implemented.Slide20

20

Continuation

However there remains a challenge in attaining the 50-50 gender representation at the workplaces

The attainment of 2% for people with disability in the workplace remains a challenge.

There remains a challenge of women occupying senior executive positions both in the public and the private sector.

Slide21

21

A case in Point

The CGE is investigating a case of a female lecturer in Limpopo who is denied to breastfeed her four month old baby by the institution’s management as per the necessary employment legislations. This case shows how patriarchy affects women in the workplace despite the necessary legislations that prohibit unfair discrimination.

Slide22

22

Outreach, Advocacy and Legal Clinics

The Commission conducts outreach programmes and legal clinics in communities and in the workplace. The rationale of these programmes is to raise awareness of gender inequality issues in South Africa and how the CGE can assist in such issues.Slide23

23

Conclusions

There is a need to demystify gender oppression, participate in delivering South Africa from the chains of patriarchy and give those on the periphery an opportunity to taste the fruits of democracy.

An institution like the CGE specifically on many of the problems ranging from discrimination in the workplace and traditional to attitudinal- can continue to address these issues.Slide24

24

Thank You

HAVE A GENDER RELATED COMPLAINT ????REPORT IT TO

0800 007 709

Twitter

Handle @

CGEinfo

Facebook

: Gender Commission of South Africa