Input Paper 3- Lauren D.

South Africa & Human Rights Violations

Bina D’ Costa argues in his chapter on marginalized identity, that often the language of peace and the language in laws that is meant to restore a post conflict society differs or is not in touch with the reality “on the ground” (D’ Costa 132).  Lamia Karim, in Democratizing Bangladesh, finds a similar issue to the one mentioned by D’ Costa in Bangladesh.  Karim argues that in Bangladesh there is the issue of the “government two-facedly watching.”  To elaborate in Bangladesh, “The rights of a woman to free speech, to free assembly, to vote…are rights under the Constitution of Bangladesh, and the functions of the democratic state is to protect the rights of its (female citizens),” but the state will retreat to the threats of the Clergy and become silent to atrocities committed in the name of religion against women (Karim 293).  Karim finds that the source of conflict is multilayered.  Karim approaches the conflict by discussing the intersections of forces that are reshaping Bangladesh’s economy and politics.  Through these readings I have found that nation building based on policies does not necessarily end up bringing about positive change.  I have found South Africa to be similar to Bangladesh because they have numerous policies in place in support of equality and human rights, but still has numerous human rights violations going on in the country. 

The women in South Africa are protected by a Bill of Rights, but still face discrimination, violence, and poverty.  The 1996 constitution came with a “…legally enforceable bill of rights protecting, among others, the right to equality, to bodily and psychological integrity, to freedom from violence from either public or private sources, and to the realization of the right to health without discrimination on any grounds” (Amnesty International 12).  Under these basic principles, reforms were started to improve access to education and employment for disadvantaged groups, to improve health services, and to improve policing and the criminal justice system (Amnesty International 12).  Despite great legal strides, thousands of women and girls experience sexual and other forms of violence every year in South Africa (Amnesty International 12).  In fact, South Africa is considered to have one of the highest rape rates in the world and the highest number of HIV infections in the world (Schetman 8).  In July 2007, the national Minister of Safety and Security Charles Nqakula, analyzed crime statistics from the past six years and found that, “‘the fact that instances of serious and violent crime are very high is disconcerting and unacceptable’”(Amnesty International 12-13). 

It is apparent that D’Costa’s argument is a reality in South Africa because the language in laws differs from what is happening on the ground.  There are numerous opinions as to the root of the discrepancy between law and practice in South Africa.  I have highlighted some of the possible reasons for human rights violations against women below. 

Patriarchy	*Is deeply embedded in the customs, cultures, and religions of all South Africa’s people.  *Patriarchy effects how children are socialized into seeing and behaving in the world    *Challenging patriarchy is seen as attempting to destroy African tradition or “subvert Afrikaner ideals or undermine civilized and decent British values”  *Men are encouraged to express their manhood as powerfully as possible (CEDAW 34).
Customs	*Across all ethnic groups, men are generally deemed to be the head of household *Men’s authority must be respected (CEDAW 35).  *Women are expected to be subordinate, accept domination, and not question decisions made by men *Women are typically responsible for child rearing and household work.
Traditions	*Lobola *Polygamy (perpetuates stereotype of female inferiority) *Witch hunting (mostly aimed at women) *Female circumcision and prenuptial checking of a women’s virginity (CEDAW 36).
Religion	*Reinforces subordination of women *Women are mostly absent from leadership roles (CEDAW 36).
Language	* It is argued that “he” includes both sexes (CEDAW 37).
Education	* Textbooks promote gender stereotypes.  *Gender stereotypes are reinforced by roles at school.  Ex. Boys perform experiments while girls record the results. (CEDAW 37)
The Media	*Women are often not seen in the media *Advertising agencies make some women invisible (rural women, women with disabilities, the old, girl children) *Development is not a typical news story (which leads to invisibility of some) *In media management courses participation of women is lower than 25% (CEDAW 38).
Funding	*Not enough funding and labor to implement and enforce laws.  *Improper costing during drafting legislation (Schectman 19)
Justice System	*Has allowed normalization of violence as a conflict resolution technique *Disregard/insensitivity of women’s reporting has resulted in shame and threats in reporting violence or rape (Schechtman 19) *Lack of commitment within the judiciary to prosecuting violence against women and children (Schechtman 19)
Jacob Zuma	*In the Zuma trial cultural norms were his explanation for why sex with the woman was consensual and not rape    *His thoughts on HIV was that if he took a shower after (sex) he wouldn’t acquire it *He hid behind normative behavior and misinformation (Schechtman 19)

 

            Seemingly cultural norms, gender norms, and social expectations perpetuate the epidemic of violence and rape.  Cultural norms are a reason that laws are not properly enforced and that the population doesn’t have accurate information on their health and legal rights.  In addition, because of historical cultural norms women are forced to be dependent on men.   Women and men have unequal access to social resources like “land, healthcare, credit, information, and education,” thus women have no choice but to be obedient to their men or they face a greater risk of poverty and violence (Maharaj).  Studies have shown that violence is commonly used by those who feel that their power is being threatened, thus often if women try to be independent (via seeking education or economic independence) or move away from traditional gender roles they immediately place themselves in danger (Schechtman 6).

In sum, human rights violations have become a never-ending cycle in South Africa.  It was suggested by the Global Aids Alliance, that why people cannot escape the cycle must be addressed.  A reason that women seemingly cannot escape the cycle of violence, rape, and discrimination, is their dependency on abusive men.  And seemingly their dependence is linked to the cultural norms which insure that women are second class citizens and do not receive the same access to resources.  

Works Cited

Convention on the Elimination of All Forms of Discrimination against Women.  25 Feb 1998.

First South Africa Report.  18 Nov 2008 <

http://daccessdds.un.org/doc/UNDOC/GEN/N98/065/49/IMG/N9806549.pdf?OpenElem

ent> 

D’ Costa, Bina.  “Marginalized identity: new frontiers of research for IR?”   2006.

“‘I am at the Lowest of All’ Rural women living with HIV face human rights abuses in South

Africa.”  Amnesty International.  Mar 2008.  18 Nov 2008 <

http://www.amnesty.org/en/library/asset/AFR53/001/2008/en/ebc94db1-f123-11dc-b3df-

0fe44bc152bc/afr530012008eng.pdf>

Karim, Lamia.  “Democratizing Bangladesh: State, NGOs, and Militant Islam.”  Cultural

Dynamics.  16 (2004): 291-318.

Maharaj, Zarina.  Keynote Speech.  “Gender Inequality and the Economy: Empowering Women

in the new South Africa.”  Professional Women’s League of KwaZulu Natal.  9 August

1999.  18 Nov 2008 < http://www.africa.upenn.edu/Urgent_Action/apic_82299.html>.

Schectman, Lisa.  “Scaling up for Zero Tolerance: Civil Society Leadership in Eliminating

Violence Against Women and Girls in Ghana, Rwanda, and South Africa.”  Global Aids

Alliance.  Aug 2008.  18 Nov 2008 < http://www.csvr.org.za/docs/globalalliance.pdf>.