History of women's rights in South Africa

For much of South Africa's history, women have been treated as second class citizens. While all women have been disadvantaged, black women have dealt with additional struggles due to apartheid. Legal systems have played a large part in the systematic oppression of South African women. In addition, South Africa struggles with extremely high rates of rape and sexual violence.

History

Discrimination and race

Black women

Before the most recent Bill of Rights was adopted, the struggle of the women of South Africa started as early as 1913, when black women began to protest against having to carry identification passes (white women did not have to carry the passes). In 1918, Charlotte Maxeke started the first formal women's organization, called the Bantu Women's League. Charlotte Maxeke was the first black woman to receive a degree from Wilberforce University. Nontsizi Mgqwetho also contributed to the advancement of women's rights in the 1920s with her writings and poetry mirroring the critiques presented by Maxeke. Both women contributed to the black press. They argued the need to rupture the idea of black women's publicness. The domestic setting was seen as the women's realm and outside of the house was seen as the man's realm.[1] However, the contributions of black women were not seen as intellectual insights. With Maxeke's political and educational experience and class position, and Mgqwetho's closeness to the press, they were able to make their opinions public, which would have been very difficult at this time. They were speaking in a society where all blacks were not considered worthy to be citizens. On top of that, they also fought the SANNC- the party for black men which excluded black women members.[2]

Charlotte Maxeke, leader of the Bantu's Women League

In the 1930s and 1940s there were many mass protests, demonstrations and resistance campaigns in which women participated. Before 1943 the African National Congress (ANC) was an organization founded by men and only admitted men. The struggles of women from 1913-1943 showed that women were affected by colonialism as well. In 1943, the ANC opened its doors for women to join. In 1948, the ANC Women's League (ANCWL) was formed and Ida Mntwana became the first female president of the League. In 1952, many South African black women took part in the Defiance Campaign, which involved purposefully breaking apartheid laws.[3] The Congress Alliance asked the ANCWL to assist in the making of the 1955 Congress of the People. There, the Freedom Charter was created and allowed women to express their needs and incorporate their requests. However, in 1955 the pass laws were presented again. Demonstrations were held in protest of these laws. On August 9, 1956, thousands of women marched to the Union Buildings in protest. The march was planned by the Federation of South African Women. On this day, South African women celebrated the first South African Women's Freedom day.[4] The holiday was organized by the ANC to commemorate the protests that began on August 9, 1913, against the identification passes that black people had to carry. The ANC was banned in 1960 and halted the progress and demonstrations women were having. Other regional organizations were formed, since many women went into exile and those who remained were unable to organize anything. Once the ANC was unbanned in 1990, the ANCWL brought all the organizations together to form the National Women's Coalition in 1991. The Women's charter was completed in 1994 and the concerns were incorporated into the new Bill of Rights.[5]

Bill of Rights

It was not until the introduction of the Constitution of South Africa in 1996 that all women in South Africa were formally recognized as equal citizens. In this Constitution, there was a special paragraph for women, titled ‘Equality’. In this Bill of Rights, sections 9, 10, 11, 12 specifically refer to women as equals and the basis of how to be treated. Section 9(3) prohibits any form of discrimination with relation to gender, sexual orientation, marital status, pregnancy, ethnicity or culture. This is followed by sections 10 and 11 which give the right to be treated equally and the right to life. One of the most significant sections is 12, which states the right ‘to be free from all forms of violence from either public or private sources.’ As domestic violence has been an issue for all women, this establishes that within the domain of a home or family they are under public policy as well.[6]

Rights of girls in South Africa

Nowadays 96% of South African children aged 7–13 receive a primary education. However, there was a time when it was unusual to be able to go to school there. Many children struggled to receive an education. The government schools struggle with many challenges including a poor quality of education, low teacher morale, the impact of HIV and AIDS, poor infrastructure, water shortages, food insecurity, poor public health, and few techniques for inclusive education, particularly for children with disabilities. Girls and young women still report high levels of sexual abuse, intimidation, exploitation and murder in their schools. It has been reported that children aged 10–14 are most commonly raped and their school teachers are the most common child rapist. Many girls are forced to leave schools either for pregnancies or as a result of the harassment.[7] Due to the treatment of young girls in the educational system, women are limited to their social and economic potential.[6] This also causes the increase of the spread of HIV to younger girls and has resulted in unsafe sexual practices later in life. Girls are socialized to become home keepers and child-bearers, so they place less value on their educational. When girls perform well in subjects such as math or science, they are not encouraged and they mostly do not have the confidence to pursue careers that rely on these skills. Many schools are not child or girl friendly. Some are situated far from homes, exposing girls to danger when they walk to and from school. Nearly a million children under the age of 15 have been orphaned as a result of the HIV/AIDS epidemic. Girls often drop out of school to look after sick family members and younger siblings.

In 2003, the South African Minister of Education set up the Girls’ Education Movement (GEM). GEM is an African movement, supported by UNICEF, where children and young people in schools and communities in South Africa work to bring positive changes in the lives of African girls and boys. GEM aims to:

  • Give girls equal access to education
  • Improve the quality of education, especially in disadvantaged schools
  • Make the school program and school books gender responsive
  • Create schools that are safe and secure for children, especially girls
  • Work with boys as strategic partners
  • Decrease gender-based violence
  • Abolish harmful cultural
  • practices such as early marriage. GEM has had a lot of success in this area and has also helped many schools, making life for a large number of girls a lot better. There are a lot of other organizations that try to get more fair rights for the girls in South Africa.

During the wars

The Boer Wars were two wars fought during 1880–1881 and 1899–1902 by the British Empire against two independent Boer republics, the Orange Free State and the Transvaal Republic. ( ‘Boer’ is the Dutch and African word for farmer.) Boer women, children and men that were not fit enough to work for the British were put together in concentration camps during the Boer War 2. The first two of these camps were established to house the families of cities who had surrendered voluntarily, but very soon, families that were a burden for the British were driven forcibly into camps that were established all over the country, the camps first stayed refugee camps but they later became concentration camps. The horrible conditions in these camps caused the death of 4,177 women, 22,074 children under sixteen and 1,676 men, mainly those too old to be on commando. The white and the black people were put in different camps.

14,154 deaths were officially recorded in the black section of these camps. It is estimated that 25,000 to 34,000 deaths occurred in the Boer camps, with 81% being death of children. These statistics, however, do not include the number of deaths which happened en route to the camps and during the capturing. The initial investigation of these camps started because of the white child mortality. The role of children was very important during this war and the race and class affected the experience of each child. Children were often separated from their families and exposed to harsh conditions and diseases. Their health going into the camps was already deteriorating and significantly declined upon arrival. The conditions were inhumane and families and children were crammed together. Such trauma also involved the separation with parents and not recognizing the faces when they came to return their children home. Black children also were forced to work in Boer camps. Children did earn a little money for work as it was considered contribution to their families. In Bloemfontein, the National Women's Monument was built in memorial of the conflict and dedicated to the women and children.[8]

All women and children were put in concentration camps right away, they were treated very badly. The white camps had it much better than the black camps. Field-Marshal Lord Roberts had another motive to put Blacks into camps, namely to make them work, either to grow crops for the troops or to dig trenches, be wagon drivers or work as miners. They did not receive food, hardly any medical support or shelter and were expected to grow their own crops. The strong-bodied who could work, could exchange labour for food or buy a meal for a cheap price. On January 22, 1901, the Boschhoek concentration camp for Blacks had about 1,700 black hold a protest meeting. They state that when they were brought into the camps, they had been promised that they will be paid for all their stock taken by the British. They are also unhappy because "... they receive no food while the Boers who are the cause of the war are fed for free in the refugee camps…” While the war lasted, more and more concentration camps were set up for women and children, and more and more deaths were recorded.

What has been done for the women in South Africa

Many things have been done for women in South Africa. Take for example the commemoration of the Women's March that is held every year. But even things as the Bill of Rights have had great impact on the women in South Africa. Though many things have been done for the women in South Africa, they still are treated lesser than men but also lesser than white women. Even as this has not improved, these things have had a positive effect on how women are treated around that area. In this way think about how little girls can now have an education without having to be afraid of going to school. But not only the direct causes, also think about projects in which things against AIDS are done. By helping to do things against this disease, organizations are making sure that the children – girls and boys – get a chance to actually try to get a normal life. Because some of them are born with this disease. Here are many organizations that work on women's issues. During the negotiations, an organization called the Women's National Coalition worked very hard throughout the country collecting women's views on the country they would like to see. This culminated in women from different political parties becoming part of the political negotiations in South Africa. It also led to the development of the National Gender Policy Framework and the establishment of the (initially) Office of the Status of Women, now the Women's Ministry and the Commission for Gender Equality. The big organization that was formed in 2006 to accommodate women from all political organs and walks of life is the Progressive Women's Movement of South Africa (PWMSA).[9]

One of the small organizations is Woman's Net, a feminist organization that especially tries to fight for the equality of women in South Africa. Women also organize themselves in political parties, business organizations, academic institutions, trade union and other structures. Another huge issue in South Africa is the trafficking of women and pseudo-cultural practices that allow child marriages. These arranged marriages have destroyed the lives of many girls. This has changed in 2016 with the amendment of the trafficking legislation to include criminalization of the "ukuthwala" practice which had been bastardised over time. There are many pieces of legislation that have been introduced to promote the protection of women in the rural settings and those married through traditional customs; to protect women from domestic violence, to protect women from rape and ensure their rights in political, social and economic settings. The challenges remain the publicization of these and the education of all the citizens about the constitution and the progressive legislation.[10]

Current events

There continue to be many efforts made for women to gain more rights and fighting against the violence that persists in society. In September 2019, women took to the streets for three days fighting against the national crisis of violence against women and children. Although President Cyril Ramaphosa assured the women that the laws would be reviewed, they were not satisfied. Some women have asked for the death penalty to be established for those who use violence against women and children. The fight continues to persist in South African society as women continue to be mistreated and violated.[11]

See also

References
  1. Banda, Fareda (2006). "Women, Law and Human Rights in Southern Africa". Journal of Southern African Studies. 32 (1): 13–27. doi:10.1080/03057070500493720. ISSN 0305-7070. JSTOR 25065064.
  2. Masola, Athambile (January 2019). "The Politics of the 1920s Black Press: Charlotte Maxeke and Nontsizi Mgqwetho's Critique of Congres". International Journal of African Renaissance Studies- Multi-, Inter-, and Transdisciplinarity. 13, 2018: 59–76 – via Taylor and Francis Online.
  3. Booysen-Wolthers, Annelize; Fourie, Frederick C. V. N.; Botes, Lucius (2006-12-01). "Changes in the development status of women in South Africa from 1996 to 2001: for the better or for the worse?". Development Southern Africa. 23 (5): 605–626. doi:10.1080/03768350601021855. ISSN 0376-835X.
  4. "What is Women's Month?". 2015. ProQuest 1778788820. Cite journal requires |journal= (help)
  5. "ANC Women's League (ANCWL) | South African History Online". www.sahistory.org.za. Retrieved 2019-10-15.
  6. Bentley, Kristina (2004). "Women's Human Rights & the Feminisation of Poverty in South Africa". Review of African Political Economy. 31 (100): 247–261. doi:10.1080/0305624042000262275. ISSN 0305-6244. JSTOR 4006890.
  7. Jewkes, Rachel; Levin, Jonathan; Mbananga, Nolwazi; Bradshaw, Debbie (2002-01-26). "Rape of girls in South Africa". The Lancet. 359 (9303): 319–320. doi:10.1016/S0140-6736(02)07530-X. ISSN 0140-6736. PMID 11830201.
  8. Duff, Se (2014). ""Capture the children": Writing Children into the South African War, 1899-1902". Journal of the History of Childhood and Youth. 7 (3): 355–376. doi:10.1353/hcy.2014.0049.
  9. http://www.anc.org.za/content/progressive-womens-movement-south-africa-base-document
  10. http://www.sahistory.org.za/article/womens-rights-and-representation
  11. Francke, Robin-Lee (2019-09-06). "South Africa in a crisis of violence against women, says president". The Guardian. ISSN 0261-3077. Retrieved 2019-10-15.
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