June 1997 - May 1999

HUMAN RIGHTS DEPEND ON WOMEN'S RIGHTS

An Eastern Cape profile on violence against women

and the justice system

RESEARCH DESIGN - Draft

November 1997

Masimanyane Women's Support Centre

17 Porter Street

East London 5201

(043) 743-9169

Fax: (043) 743-9176

E-mail: maswsc@iafrica.com

RESEARCH DESIGN

Abridged Version

Project Title:

Human Rights depend on Women's Rights

An Eastern Cape profile on Violence Against Women and the Justice System

Organisation: Masimanyane Women's Support Centre

Masimanyane Women's Support Centre is involved in addressing violence against women in the Eastern Cape region of South Africa. The centre provides gender-specific support services to victims and survivors of rape, battery, domestic violence, child abuse, incest and sexual assault. The centre sees an average of 20 women and girl-children per day. In addition to crisis intervention and counseling, Masimanyane offers legal support services, training programmes and conducts public education and community outreach programmes in schools, churches and other community structures. Masimanyane is in the process of setting up a research project in the Eastern Cape region. The research project is being designed to address the issue of violence against women and will look at how the police and justice departments deal with cases of crimes against women in the region. The research aims to bring together service providers dealing with violence against women and to use the project as an advocacy & lobbying tool.

Purpose of the research project

The research project is designed to analyse the position of women in the Justice System in South Africa, and more particularly the Eastern Cape region. In particular the research project is being designed to tackle the problem experienced by victims and survivors of gender violence while making a report and going to court. Therefore, the project will look at how the police and justice departments deal with cases of rape, battery and sexual assault of women in the Eastern Cape.

The research will have a proactive approach. The South African government has committed itself to addressing violence against women through different declarations and conventions like CEDAW (United Nations Convention on the Elimination of Discrimination Against Women), Beijing Platform of Action and the United Nations Declaration of Human Rights as well as through national laws like the South African Constitution and the National Crime Prevention Strategy. However, it is apparent that not enough is being done and that the government does not act according to these commitments and obligations. Therefore, an important purpose of the research project is to use it as a lobbying & advocacy tool to put pressure on the provincial and national government to take responsibility in addressing the issue of violence against women. This will also include generating police recommendations in order to develop an integrated, appropriate and sensitive justice system for the treatment of processing of cases of crimes against women.

Area of Focus

The focus of research project is threefold:

first area focus: Greater East London area

second area focus: Eastern Cape Province

third area focus: Republic of South Africa

The focus of the research of Masimanyane Women's Support Centre will be limited to the Greater East London area which includes Mdantsane, East London, Chalumna and Newlands locations. The designated area has a population of more than 2 million people of which it is estimated, 60% are women.

Furthermore, the research aims to involve other regions of the Eastern Cape through cooperating and networking with NGOs and CBOs in the Eastern Cape in order to develop an Eastern Cape profile.

Through networking and lobbying the research project aims to link with similar research initiatives throughout the country.

Duration of the research project

June 1997 - May 1999

This period includes consultation, developing the research design, setting up the structures, actual research and reporting.

2. INTRODUCTION
   1. Context of the research project

Violence against women has reached epidemic proportions in most countries. South Africa has the highest statistics for violence against women in the world for a country not at war. It is estimated that one in every three women will be raped in her life time. This means that more than 1000 women are raped daily in South Africa. One in every six women is in a domestically abusive relationship and at least one woman is murdered every 6 days (Vetton 1995). The Daily Dispatch reported on 17 September 1996 that more than 100 cases of child abuse (97% of them girls) are reported everyday. In addition, only 15% of reported rape cases get to court and about 32% receive convictions.

Women are vulnerable to various forms of violence for several reasons:

• Because of being female a woman can be subject to rape, female circumcision, female infanticide and sex-related crimes. This reason relates to society's construction of female sexuality and it's role in social hierarchy.
• Because of her relationship to a man, a woman can be vulnerable to domestic violence and intimate femicide. This reason relates to society's concept of a woman as the property and dependent of a male protector, father and husband.
• Because of the social group to which she belongs in times of war, riots and ethnic violence a woman may be raped and brutalized as a means of humiliation directed at the group.

Gender based violence tends to be invisible and is therefore difficult to deal with. Invisible means that it is difficult to observe and measure and secondly, that violence is trivialized and until recently has not been a political issue in many countries. In general, there are four mutually reinforcing factors which contribute to making gender violence invisible:

1. Violence against women has long been invisible because of the lack of statistics;
2. Violence against women is invisible because it is often confined to the domestic sphere and therefore rated as being less important than other forms of violence;
3. Societies vary in the extent to which they regard violence as an acceptable means of conflict;
4. Gender violence tends to be invisible because the very threat of or fear for further violence may be sufficient to affect the victim's behaviour. Often victims of violence do not report the case to the police because of fear for repercussions.

1. Women's Human Rights, Development & Violence Against Women

   Violence against women manifests itself at different levels and in different places. Women are subject to violence in the family (battering, sexual abuse, incest, deprivation of food, marital rape), to violence in the community (rape, sexual abuse, sexual harassment, trafficking in women, forced prostitution) and violence by State (women in detention and rape during times of armed conflict and repression). In the past, not many people recognized violence against women as a violation of human rights. In such views only relations between the state and the individual pertain to human rights, what people do to each other is excluded.

   Nowadays, it is recognized more and more that gender violence is a problem that concerns the whole community. Both women's and human rights organisations made it clear, through publications and research, how common, pervasive and insidious the problem of violence against women is. By this they created the political will for change. During the United Nations Conference on Human Rights in Vienna 1993 violence against women was put on the agenda, which meant an international recognition of violence against women as a human rights issue. The United Nations in 1993, in acknowledgment of the work of the women's movement, passed the Declaration of the Elimination of Violence Against Women and appointed a Special Rapporteur on Violence Against Women.

   The affirmation that violence against women is a human rights violation entails the obligation of governments to recognize that women are entitled to be protected against violence. The government should guarantee this right and should provide possibilities for action when this right is violated. This necessitated governmental incursion into an area which has traditionally been deemed 'private', clouded in impenetrable silence and often protected against governmental interference by invoking family autonomy, societal rules of conduct, or the need to preserve traditional patterns of behaviour.

   Violence against women in not only a threat to women's health, a violation of human rights and a global societal problem but also a barrier to development. Roxanna Carillo of the United Nations Development Fund for Women (UNIFEM) states:

   "Fundamental to achieving development for women is increasing their self-confidence and their ability to participate in all aspects of society. Violence against women is in direct contradiction to these development goals. It disrupts women's lives and denies them options. It undermines women's confidence and sense of self-esteem, it destroys women's health, denies their human rights and undermines their full participation in society. Where violence keeps a woman from participating in a development project, force is used to deprive her of earnings, or fear of sexual assault prevents her from taking a job or attending a public function, development does not occur."

   Development for women is only possible when they have full access to and control over the economic, socio-cultural and political opportunities in society. Violence against women undermines this development process by undermining her self-determination and control over her own life and body. Efforts to enable women to gain control over their own lives and bodies - physically, economically, politically and culturally - will continue to fail until gender violence in all forms has been stopped.

3. Legal Context of violence against women in South Africa

The South African government, at the highest policy-making levels, has expressed a commitment to addressing violence against women. Several International Conventions have been signed and ratified by the government amongst which the most important are UN Declaration on Human Rights, CEDAW (Convention on the Elimination of Discrimination Against Women, 1992), the UN Declaration on the Elimination of Violence Against Women (1994) and the Beijing Platform of Action.

National laws including the Prevention of Family Violence Act and the National Crime Prevention Strategy protect women from gender based violence. In addition, two national structures have been established by government: firstly, the Office on the Status of Women under the responsibility of the Deputy State President and secondly, the establishment of the National Gender Commission in the Department of Justice.

Despite these laws and structures which suppose to be empowering women, South African women victims of violence continue to face a judicial and police system that routinely denies them redress. Police and justice workers are frequently ignorant of the laws protecting women from violence. In making a report or going to court, victims of gender violence experience problems at the hands of the legal system. These difficulties are:

• No sensitivity within the police and courts in dealing with maintenance and crimes against women in general.
• No privacy at police stations in reporting a crime of rape, domestic violence and sexual abuse.
• Loss of documents and files containing crimes against women.
• The police do not advise complainants to go to court with the effect that the case is struck from roll in absence of complainant.
• Courts postpone cases of violence against women too easily at the request of defence without taking the complainant into consideration.
• Perpetrators are set free without bail too easily for these crimes with the result that perpetrators harass the complainant between appearances and during the trial.
• Bail is set at too low a rate.
• Sentences are based on the situation and circumstances of the accused, instead of victim orientated sentences.

3. THE RESEARCH PROJECT
   1. Focus & Aims

The overall focus is violence against women as a Human Rights violation.

The specific focus is on the police and the justice system, how the system works and how they treat cases of crimes against women.

The overall aims of the research project are:

• to analyse the position of women in the justice system;
• to conduct an in-depth, qualitative evaluation of the cases of rape, sexual assault and domestic violence within the justice system in order to identify problems in the treatment of victims of violence against women;
• where necessary, to generate policy recommendations in order to develop an integrated, appropriate and sensitive justice system for the treatment and processing of victims of violence against women;
• to link with relevant research projects, initiatives, NGOs and CBOs and other insitutions throughout South Africa but with a focus on the Eastern Cape;
• to advocate the government for addressing the issue of violence against women and more specifically for transformation of the justice system in order to end all discriminatory practices and legislation against victims and survivors of sexual assault and domestic violence.

The specific aims of the project are:

• to develop a profile of the police and justice workers which indicates how the individual justice worker treats and deals with cases of rape, battery, domestic violence and sexual assault on women in the Greater East London area by looking at the investigative patterns of the police, the sentencing patterns of magistrates and bail trends;
• to record the experiences of victims and survivors of violence against women in dealing with the justice system;
• to investigate training needs of police and justice workers in dealing with crimes against women;
• to establish a Data Base Programme;
• to investigate the special rape units-model of the SAPS, including an in-depth research into the Victims Support Services at Mdantsane hospital (Child & Family unit);
• to compile a Directory of the services provided in the Eastern Cape region for victims and survivors of rape, sexual assault and domestic violence as well as for organisations and institutions involved.

1. Hypothesis

Research Hypothesis:

'To what extent does the legal system, including the police, ensure a gender-sensitive treatment of cases of violence against women, e.g. gender-sensitive assistance to victims/survivors of sexual abuse and/or domestic violence respectful of their needs and problems in the greater East London area?'

(Second/Third Level) Research Questions:

• What are the experiences of victims of VAW in dealing with the police and the justice system?
• What problems do victims experience in making a report and going to court?
• What assistance do victims need from the police and the legal system?
• What organisations/institutions/structures/community groups are in place to assist victims in the Eastern Cape?
• What kind of support do these organisations offer victims of VAW?
• What are the experiences of community groups and service providers in the greater East London area in dealing with the police and justice system re cases of gender violence?
• What national and international legal regulations are in place to protect victims of VAW?
• What protection/assistance do police and justice workers provide for victims?
• What are the investigative methods of police and sentencing & bail procedures of the Magistrates?
• To what extent should the legal system be reformed in order to ensure a gender-sensitive system, respectful of the needs and problems of victims of gender-based violence?

Definitions:

• Human Rights Framework
• Women's Human Rights
• Discrimination Against Women
• Violence Against Women / Gender Violence
• Domestic Violence
• Sexual Abuse/Assault
• Sexual Harassment
• Victims versus Survivors
• Justice System

Research will be developed in cooperation with people living and working at the community level as well as service providers and government institutions. This implies that it is likely that the research questions and research methods mentioned below will be adjusted as the project develops.

1. Methods of Research

The research will be of a qualitative and exploratory nature and will have a proactive approach.

Primary data collection:

* The emphasis will be on qualitative research methods:

• life history interviews
• focus group discussions
• case studies
• open-ended, partly structured interviews with police officers, justice workers, medical personnel, survivors/victims and representatives of relevant organisations and institutions

* The study of court cases as to how the investigation was carried out, what processes were followed and how victims who report cases of gender violence are dealt with. To that end, the course of the case will be followed and studied from the time of reporting to the time it is brought to court and a conviction is made:

• study of Masimanyane files
• study of court transcripts
• study of case documents
• developing and keeping a data base programme on court cases

* Simple quantative methods will be used to get some insight in the prevalence of gender violence, number reported, prosecuted and convicted by collecting and collating data and statistics from:

• files Masimanyane
• data base programmes Masimanyane (on crisis centre and on court cases)
• the police stations
• Magistrate courts
• the press and other media publications

Secondary data collection:

• Inventory of information, reports and data from previous and current research projects
• Study of publications in the press and other media
• Developing and keeping a data base on resources and documentation

• Literature review of different topics

• PEST exercise: scanning the Political, Economic, Social and Technological environment as it effects VAW

• SWOT exercise: to determine Strengtsh, Weaknesses, Opportunities and Threats
• VAW as a Human Rights Violation
• Analysis of the Justice System in South Africa
• Analysis of the National Crime Prevention Strategy

1. Target Group

The main target group of this research project is female victims of violence, e.g. rape, sexual assault and domestic violence. Through the research project we aim to contribute to a more victim-friendly treatment by police and justice workers in treating survivors of gender violence.

A second target group is service providers in the Eastern Cape. Through the research project we aim to bring together service providers in the Eastern Cape in order to join forces and establish cooperative networks for lobbying the provincial government.

A third target group is the provincial and national government. The research project will be used as a lobbying and advocacy tool as to make government take responsibility in protecting South African women against rape, sexual abuse and domestic violence.

In addition to the main target groups, certain stakeholders should be taken into account. The main stakeholders are:

• Clients of Masimanyane - female victims of rape, sexual abuse and domestic violence
• Justice Workers
• Police Officers
• Policy Makers at government level (provincially and nationally)
• Communities
• Masimanyane Women's Support Centre

Other stakeholders are:

• South African society as a whole
• Women in South Africa
• Social Workers
• Medical Personnel
• NGOs and CBOs involved
• Media
• Academic world

1. Staff

Research team:

• Director, Lesley Ann Foster: to oversee the entire research project, to provide guidance and obtain inputs from national and international networks as well as to ensure the necessary advocacy & lobbying activities.
• Legal Coordinator, Ursula Crisp: to supervise the research team and in particular the coordinator as well as the legal assistant, to advise on research issues regarding the legal system and legal processses and to facilitate access to the justice system.
• Clinical Manager, Dr. Elizabeth Musaba: to advise the research project on issues pertaining to the crisis centre and medical matters and to function as a link between the crisis centre and the research project.

• Coordinator: Marleen Hasselerharm of the Netherlands institute on Southern Africa, who is working with Masimanyane on a 2 year contract; her tasks are to develop, set up and coordinate the research project.

• Assistant-researcher, Nontobeko Buswana: to assist the coordinator in setting up the research project, networking with relevant institutions and to conduct research.
• Legal Assistant, Pumza Mlakalaka: to assist the legal coordinator and conduct research in legal issues.
• Researcher, Shari Davis from Clark Atlanta University in the USA does her internship with Masimanyane from September 1997 - March 1998: to conduct research.

In 1998 a team of volunteer students are involved who will conduct specific research and monitor cases as they proceed to court. Consultation herein with Rhodes University in particular the Department of Psychology and Social Work made clear that recruitment will be possible from the beginning of the new unversity-year 1998 as part of their internship and specialization. Four students have been provided by Rhodes University already and will start their internship in March 1998.

This research project is seen as a first phase in setting up and developing research on issues pertaining to the problem of violence against women in the Eastern Cape. Further research in related issues is expected for an additional period of 2-3 years as a follow up to this research roject.

Masimanyane's research project is limited to the Greater East London area. By networking and involving other organisations in the Eastern Cape, who will conduct similar research, the idea is to link up and analyse all the information gathered in order to compile an Eastern Cape profile.

3. NETWORKING

Networking is perceived as an essential part through the whole research project. Networking will take place on an international, sub-regional (Southern Africa), national and provincial level.

The aim of networking is:

• to exchange experiences, information, data between relevant NGOs, CBOs, institutions, universities, etc;
• to link the local with the global;
• to develop a directory on services provided to victims of violence in the Eastern Cape;
• to bring together service providers in the Eastern Cape in order to establish a regional network on violence against women in the Eastern Cape Province;
• to establish a data base on networking throughout South Africa;
• to link with other research initiatives throughout South Africa with a special focus on the Eastern Cape in order to use findings more efficiently and to establish cooperative networks as an advocacy & lobbying tool;
• to consult and get input from different institutions on the research project.

Networking organisations Eastern Cape:

• Ubuntu Women's Support Centre - Peddie (Nomhle Mlotana)
• Project for Conflict Resolution & Development, Gender Project - Port Elizabeth (Catrina Brennan)
• University of Fort Hare, Gender Unit - Fort Hare (Gomo Moshoeu)
• Rhodes University, Dept of Social Welfare and Psychology - East London (Prof. Gilbert)
• FAMSA - Port Elizabeth (Tania Fleetwood, Nicci Stander)
• Rape Crisis - Port Elizabeth (Zoleka Nqonqoza)
• Ncedo Centre - Port Elizabeth (through Rape Crisis)
• Lawyers for Human Rights - East London (Zimbini )
• Black Sash Advice Office - East London (Zola)
• Life Line - East London (Mrs. Shirley Brown)
• EC Dept of Safety and Security - Bisho (Riana Taylor)
• Victim Support Services, Child & Family Centre - Mdantsane (Mr. Siphiwo Hewana)

Networking organisations other Provinces:

• University of Witswatersrand, Wits Crisis Centre - Johannesburg (Anu Pillay)

• NISAA Women's Institute for Development - Johannesburg (Zubeida Dangor)

• Rape Crisis - Cape Town (Margot Lochrenberg, Bronwyn Pithey)
• Nicro Women's Support Centre - Cape Town (Jane Keen)
• Institute of Criminology, UCT (Lillian Artz)
• Law, Race and Gender Research Project, UCT (Ingrid Hale)
• Gender Advocacy Project - Cape Town (Rosiada, Mirjam)
• Masisukumeni Women's Crisis Centre - Mpumalanga (Rachel Nsimbini, Tina Sideris)

Identified organisations for networking:

• Tswaranang Legal Advocacy Center - Johannesburg (Shireen Motara)
• POWA - Johannesburg
• ADAPT - Alexandria, Johannesburg
• Soul City - Johannesburg
• Women Against Women Abuse - Johannesburg
• Centre for the Study of Violence and Reconciliation - Johannesburg (Spiwe Takura)
• Human Rights Institute of SA (HURISA) - Johannesburg (Kgothatso Semela)
• PAHA - Mamelodi, Pretoria (Kona Makhoere)
• Gender Desk Lawyers for Human Rights - Durban (Bess Pillemer)
• Advice Desk for Abused Women - Durban
• The Campus Law Clinic - Durban (Rashida Manjoor, Tracey-Leigh Wessels)
• Centre for Gender Studies, University of Natal - Durban (Shereen Dawood)
• DELTA Women's Leadership Training Programme - Cape Town (Tessa Edlmann)
• African Gender Institute, UCT (Jennifer Radloff)

• Women Against Women Abuse - Port Elizabeth (Nkosazana Mduma)

3. PLAN OF ACTION

1. Networking & Advocacy & Lobbying

   Networking will be part of the whole research project in order to link with relevant research projects, initiatives, NGOs, CBOs and other institutions throughout South Africa but with a focus on the Eastern Cape. Although there are quite some small-scale research initiatives throughout the country, they are not linked and coordinated and therefore not used effectively. The research project aims to link with other research initiatives on the issue of women's human rights and establish cooperative networks.

   The research aims to bring together service providers dealing with violence against women in the Eastern Cape Province. Purpose of this networking is to develop an advocacy & lobbying pressure group. The findings of the research will be one of the tools which this pressure group can use to bring about legislative reform. It would further in essence monitor all government programmes in relation to violence against women.

2. Research

   The research will be an ongoing affair. Research findings will be used and tested during the project through the services of Masimanyane (counseling, legal support, public education activities, training, networking, lobbying & advocacy) as well as through consultation.

3. Training

   *Staff from Masimanyane as well as staff from networking NGOs and CBOs in the Eastern Cape will be trained in record keeping and human rights documentation on the issue, Women's Human Rights and related subjects

   *Training Workshop by Human Rights Watch on Women's Human Rights and Record Keeping/Documentation

   *Gender-sensitivity training will be held for justice workers as well as for police officers, consisting of 4 workshops during the project

4. Feedback of Research

   *Information workshops to inform different groups of professions and individuals about the progress and the findings of the research project

   *Research findings will be shared through adverts in the media and writing of articles for magazines, newspapers and journals

   *Information leaflets, pamphlets and public education material will be produced on the research findings

   *An accessible information booklet in English, Xhosa and Afrikaans will be freely available for clients and other interested parties.

5. Reporting

   Progress reports will become available every 6 months for donors and interested parties. All information, resources and results from the project will be distributed through the networking organisations and institutions and will become available for interested parties

6. Publications

2. TIME TABLE

June/July 1997

• Information Document for SA Law Commission - 10 June
• Consultation within Masimanyane and with relevant organisations, individuals
• Consultative Meetings (first: 14 July)
• Start with Research Design
• To identify issues of the research to be studied
• Study of files Masimanyane for Data Base Programme
• Networking Rhodes University - recruitment of volunteer students
• Identification of court cases to be studied
• Identification of organisations, institutions, initiatives for networking

• Development of Research Design
• Staff training, e.g. information meeting with staff re research project
• Organising the Southern African Conference on Violence Against Women, hosted by Masimanyane, to be held from 9-11 October
• Networking with relevant organisations, institutions, similar initiatives, etc.
• Networking and consultation with Clark Atlanta University in USA - Africa Women's Studies regarding students exchange programme
• Networking with police stations - collecting statistics
• To identify court cases to be studied
• Start with study of reports to police and court cases by volunteer students
• Inventory of conducted and current research in VAW in South Africa

October/November/December 1997

• Development of the Directory on Services provided in the Eastern Cape to victims of VAW

• Workshop Gender Sensitizing for Research Team (November)
• Development of Data Base for Crisis Centre
• Development of Data Base for Resource Centre / Documentation
• Development of Data Base for Networking
• Development of Data Base for Court Cases
• First Focus Group Discussion with victims of VAW re experiences in reporting and going to court
• Case Study of 3 court cases

• Collecting statistics and data from police stations
• Inventory of conducted and current research projects on VAW in SA
• Networking within the Eastern Cape in order to establish an EC network on VAW

• Literature Review

• Writing of first progress report

1 January 1998:

• First progress report for Royal Dutch Embassy (period 01/06/97 - 30/11/97)

January - December 1998

• Case Studies of different court cases
• Focus Group Discussions with victims of VAW re experiences in reporting and going to court
• Focus Group Discussions with police and justice workers
• Interviews with police officers, justice workers, medical personnel, representatives of relevant (service) organisations and victims/survivors
• Collecting data, information and statistics from the press and other media publications
• Composing life histories by social worker
• Updating the Directory on Services for victims of VAW in the Eastern Cape
• Collecting and Analysing the information, data and statistics obtained
• Inventory of and collecting data from previous and current research projects
• Literature Reviews

March 1998:

• Project Proposal to PSO (Filom-project) re payment of salary for local person to replace current coordinator

1 July 1998:

• Second progress report for Royal Dutch Embassy (period 01/12/97 - 31/05/98)

1 January 1998:

• Third progress report for Royal Dutch Embassy (period 01/06/98 - 30/11/98)

January/February/March/April 1999:

• Finalizing the research
• Collating and collecting all the data and findings
• Analyses
• Defining the research results
• Writing the report

May 1999:

• Finalizing the 2-year report
• Publication of the report

1 July 1999:

• Fourth progress report for Royal Dutch Embassy (period 01/12/98 - 21/05/99)

Prepared by: Marleen Hasselerharm

Coordinator Research Project Masimanyane Women's Support Centre

November 1997

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