Improving Prevention and Response to Gender Based Violence in South African Social Housing

1. PRESENTATION TO SOUTH AFRICA SOCIAL HOUSING INSTITUTIONS AND PARTNER ORGANISATIONS ON IMPROVING PREVENTION AND RESPONSE TO GENDER BASED VIOLENCE (GBV) IN SOCIAL HOUSING By Welekazi Stofile 10 April 2019

2. PRESENTATION OUTLINE • 1. BACKGROUND. • 2. PURPOSE OF THE ASSIGNMENT. • 3. TERMS OF REFERENCE. • 4. OUTPUTS. • 5. APPROACH AND METHODOLOGY. • 6. CHALLENGES. • 7. ISSUES CONSIDERED. • 8. SUMMARY OF THE GBV POLICY. • 9. TOOLKIT • 10. TOPICS COVERED IN THE TOOLKIT. • 11. RESOURCE ON AVAILABLE SERVICES FOR GBV VICTIMS. • 12. RECOMMENDATIONS.

3. BACKGROUND • What is Gender Based Violence (GBV)? • Gender based violence is any form of violence directed against women, girls, boys and men on the basis of socially attributed differences between males and females (United Nations, 1993) • What is violence against women (VAW)> • It is any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life” (General Assembly Resolution 48/104 Declaration on the Elimination of Violence against Women, 1993).

4. BACKGROUND…(CONT…) • Levels of gender based violence in South Africa: • SAPS statistics of 2017/2018 • Rape – 40 035 reported cases to the SAPS • Sexual assault – 6786 reported to the SAPS • Femicide – 2930 (women and 294 girls) - exact figure is unknown. Provinces with highest numbers of women and girls killed are KZN, EC, GP and FS. *reported cases but many go unreported for various reasons ranging from shame, guilt, fear of secondary victimization, low conviction rates, lack of knowledge of how the criminal justice system functions to lack of trust of the criminal justice system. • Levels of gender based violence in social housing – no available data (easily accessible and in the public domain).

5. BACKGROUND…(CONT…) • Examples of common forms of gender based violence in South Africa: • Domestic violence (physical, verbal/emotional/psychological, economic/financial, harassment and sexual abuse) • Sexual violence (rape, sexual assault, sexual harassment, sexual exploitation, trafficking for sexual exploitation, forced or early marriages, violence against LGBTI persons, etc)

6. BACKGROUND…(CONT…) LAWS ENACTED TO DEAL WITH GENDER BASED VIOLENCE IN SOUTH AFRICA 1996 Constitution Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 Domestic Violence Act 116 of1998 Maintenance Act 99 of 1998 Sexual Offences Act 32 of 2007 Recognition of Customary Marriages Act 120 of 1998 Choice on Termination of Pregnancy Act 92 of 1996 Civil Union Act 17 of 2006 Protection from Harassment Act 17 of 2011 Trafficking in Persons Act 7 of 2013

7. PURPOSE OF THIS ASSIGNMENT • TLAC was appointed to assist the social housing sector with implementation of KIA #3 of the Gender Equality Strategy for the Social Housing Sector of March 2018. • KIA #3 deals with responding and preventing gender based violence (GBV).

8. TERMS OF REFERENCE • Develop new or revised draft organisational policies and practices to prevent and respond to GBV; • Develop a training toolkit for frontline staff; • Pilot it through a training of trainers methodology for implementation by middle managers; • Identify social services and community agencies, organisations and resources to assist SHIs to address GBV and related issues such as alcohol and substance abuse.

9. OUTPUTS • Pilot project with one SHI to define and implement the approach to GBV responses. • An information package for SHIs including: • Models of policies and practices that SHIs can easily adopt; • Basic overall training and resources for SHI Boards/staff and customized training and education for front line staff dealing with GBV issues regularly; • Templates and instructions to develop culturally sensitive tenant education programmes on GBV and related social services and community resources; and

10. OUTPUTS….(CONT) (3)A workshop with other SHIs to review the pilot project and its outcomes, and profiling the elements of the information package and how best to implement it.

11. APPROACH AND METHODOLOGY • Activity 1: • Meeting with NASHO and ROOFTOPS CANADA management • Ensure a common understanding of the expected outcomes. Activity 2: Meeting with senior management of Yeast Social Housing • Introduce TLAC and the project, get a better understanding of Yeast as a social housing institution, identify policies, practices and resources already available including results from their use; and • Obtain buy-in and support. .

12. APPROACH AND METHODOLOGY…(CONT) • Activity 3: • Focus group discussions: • Frontline staff (security personnel, housing supervisors, general workers(maintenance, gardeners, cleaners), tenant relations and/or community development staff to obtain information on their understanding of current policies and procedures and practices including their specific concerns and needs; • Group of women tenants to identify their specific concerns and support needs (women living in shelters that are supported by TLF, girls living in shelters provided by TLF) – survivors of gender based violence and child abuse. • Social Workers and other staff working with survivors of GBV in the shelters.

13. APPROACH AND METHODOLOGY….(CONT) • Activity 4 – Literature review • List of literature reviewed: • Social Housing Act, 16 of 2008 and its Regulations. • Rental Housing Act, 50 of 1999 and its Regulations. • Gender Equality Strategy for the Social Housing Sector in South Africa by “The Equal Spaces: Social Housing to end spatial apartheid in South Africa” Project, February 2018. • Internal Management (Human Resources Policy). • Tenant Management Policies & Procedures. • Tenant Management System. • House Rules. • Yeast City Housing application to rent premises. • Tenancy Acceptance Forms. • Lease Agreement. • Deliverable • Activity 5: • Development of a draft Gender Based Violence Policy; and • Development of a draft Toolkit on prevention and response to gender based violence in social housing.

14. APPROACH AND METHODOLOGY….(CONT) • Yeast Business Plan (2016-2017). • Tenant Booklet. • Parenting workshop document. • TLF SOP for Gender Based Violence Programme. • Gender evaluation Report: Gender capacity building programme. • Yolo participant and facilitator guide – a programme for the reduction of HIV infections and teenage and unplanned pregnancy.

15. ISSUES CONSIDERED • Context within which social housing institutions exists while focusing on Yeast as the case study. • Country’s challenges with prevention and response to gender based violence. • Target audience. • Desired outcomes.

16. CHALLENGES • Access. • Social norms and beliefs that perpetuate gender based violence. • Lack of trust. • Balancing of rights i.e rights of everyone to have access to adequate housing (Section 26(1) of the Constitution versus rights of accredited social housing institutions as businesses.

17. SOURCING OF INPUTS/COMMENTS TO THE MATERIALS DEVELOPED • Two (2) days sessions with frontline staff to solicit inputs into the guidance notes developed. • 3 days training of trainers workshop for managers and other staff: • Enhance capacity to prevent and respond to GBV; and • Solicit inputs on materials developed.

18. SUMMARY OF THE GBV POLICY • Issues covered: • Scope – • Yeast employees including contractors, volunteers and tenants. • Aims • Provide a framework for addressing GBV within its institutions • Spells out processes for reporting, processing and monitoring reported GBV cases; • Reduce incidences of GBV; • Raise awareness on GBV; • Assist and support victims and survivors of GBV; • Create a safe environment for children;

19. SUMMARY OF THE GBV POLICY…(CONT) • Principles • Confidentiality • Fairness • Non discrimination • Respect • Impartiality • Consistency • Responsive • Application • Roles and responsibilities – Management Housing supervisors Security Maintenance Shelter co-ordinators

20. SUMMARY OF THE GBV POLICY…(CONT) Prevention measures • Primary prevention, which are interventions that are aimed at addressing gender based violence before it occurs, in order to prevent initial perpetration or victimization, targeted action aimed at behavioural issues and risk producing environments. • Secondary prevention, that happens immediately after the violence has occurred to deal with the short term consequences, e.g. treatment, counselling. • Tertiary prevention focuses on long term interventions after the violence has occurred, in order to address lasting consequences, including perpetrator counselling.

21. SUMMARY OF THE GBV POLICY…(CONT) • Response measures • Safety plans • Make abuser known to the security • Designate human resources and other resources to respond in case of emergency • Assist victim to enforce protection orders • Have social partners that may be called upon to assist in case of emergencies. • Roles and responsibilities of the various stakeholders • Spelled out in the guidance notes.

22. SUMMARY OF THE GBV POLICY…(CONT) • Provision of information to all employees and sub contractors including volunteers • Easily accessible • User friendly • Form part of induction but also as an on-going activity • Possible wok related and adjustments • HR policy to accommodate employees who are facing GBV: • Leave of absence • Counselling • Assess impact on performance and assist accordingly.

23. SUMMARY OF THE GBV POLICY…(CONT) • Staff and tenant support services • Designate a staff member to whom staff can report • Reasonable efforts are made to refer victims to specialists who can assist with counselling, legal services and safety plans.

24. SUMMARY OF THE GBV POLICY…(CONT) • Responding to staff who may be perpetrators: • Include this in your HR policy; • Have processes for reporting; • Spell out consequences for staff. • Responding to tenants who may be perpetrators • Include in the lease agreement and house rules; • Spell out consequences; • Part of welcome package or induction; • Take action that is consistent and strictly applied.

25. SUMMARY OF THE GBV POLICY…(CONT) • Responding to allegations perpetrated within or outside the workplace or residences • Reach should extend to allegation of GBV perpetrated outside of the social housing institution by employees; • May use resources of the employer like cars, telephone, computers; • May bring the institution into disrepute; • Tenants perpetrating abuse within the residence – investigate. If your action result in the perpetrator who is a tenant refusing to pay rent, intervention limited if no protection order is in place.

26. SUMMARY OF THE GBV POLICY…(CONT) • Criminal proceedings pending • Employee charged and convicted. Even when acquitted in a criminal matter, does not prevent the employer from taking action using internal policies. • Tenant – take appropriate action using the lease agreement and house rules. • Misuse of workplace and residential resources to perpetrators • Employee participating directly or indirectly through helping another employee to perpetrate GBV; • Action using internal remedies can be taken.

27. SUMMARY OF THE GBV POLICY…(CONT) • Disclosure • Remove barriers to reporting taking into account such issues as illiteracy, language barriers, culture, etc. • Set up user friendly reporting mechanisms. • Create safe spaces for reporting. • Malicious allegations • Clear evidence • Consequences for such using internal mechanisms. • Victimisation and whistle blower protection • Safe platform for reporting • No retaliation against whistle blowers • Process to deal with victimisation of whistle blowers.

28. SUMMARY OF THE GBV POLICY…(CONT) • Monitoring and review • Use monitoring tools to monitor its implementation • Decided on review periods – could be 2 years • Take into consideration legislative changes and own findings based on monitoring trends.

29. GUIDANCE NOTES • Procedure: • Protocols/Guidance Notes • Guidance Note 1 for Management • Guidance Note 2 for Housing Managers • Guidance Note 3 for Security Personnel • Guidance Note 4 for General Workers • Guidance Note 5 for Shelter Coordinators

30. EXAMPLE OF GUIDANCE NOTE FOR SECURITY PERSONNEL • Duty to attend to incidents of GBV • Grant authority to enter the given residence where conflict of GBV is reported within reasonable and safety considerations; • Trained to understand that safety of victims is of paramount importance; • Gather as much information as possible; • Grant authority to remove the perpetrator from the said residence subject to scope and capacity to handle; • Where the situation is dangerous, contact law enforcement; • Be prepared to give a statement to the law enforcement as the first responder.

31. EXAMPLE OF GUIDANCE NOTE FOR SECURITY PERSONNEL • Duty to keep records of incidents • All incidences must be recorded as may be useful to law enforcement or any other process that the victim may wish to follow (date, time, location, actual incident and details of any witnesses). • Regular meetings/briefings between contracted security company and relevant person of the social housing institution. • Service level agreement to incorporate these expectations if not already part of. • Usefulness of proper records: • Application for a protection order; • Criminal case; • Civil claim • Assessment of risk for children and adults

32. WHAT DOES A TOOLKIT CONSIST OF? • Participant manual • Facilitator guide • Checklist on how to plan and organize a training workshop • Supporting materials (pre/post assessments, case studies and evaluation/feedback forms)

33. TOPICS COVERED IN THE TOOLKIT • Module 1: Human rights • Module 2: Gender and Gender Concepts • Module 3: Violence, Gender Based Violence (GBV) and Violence Against Women (VAW) • Module 4: Legislation and policies to address gender based violence and Violence Against Women in South Africa: • Domestic Violence Act 116 of 1998 • Criminal Law (Sexual Offences) and Related Matters Amendment Act, 32 0f 2007 • Protection from Harassment Act,13 of 2007; and • Combating and Prevention of Trafficking in Persons Act of 2013

34. SUMMARY OF THE RESOURCE ON AVAILABLE SERVICES FOR GBV VICTIMS AND SURVIVORS • Contacts details of service providers within the criminal justice system (Tshwane). • Contact details of civil society organisations providing assistance to survivors (Tshwane).

35. RECOMMENDATIONS • Lease agreements must be signed by both parties whether in a domestic partnership or married regardless of who is working especially if married in community of property or where there is a duty of support in cases of domestic partnerships. • Clause that includes commission of gender based violence as a cause for termination of a lease agreement. • Include same in the House Rules. • Avoid using term “eviction” due to its complexity as a result of Section 26 of the Constitution and the Prevention of Illegal Eviction Act (PIE) Act. • Develop GBV policy and workshop both employees and tenants on it.

36. RECOMMENDATIONS…(CONT…) • Follow internal processes to deal with cases of gender based violence within social housing institutions (can be an employee against another employee or an employee against a tenant or a tenant against another tenant). • Record keeping. • Training or workshoping of all employees including contracted parties on the GBV policy. • Clarify roles and responsibilities for employees including outsourced ones. • Hold regular sessions or use other forms of dissemination of information with employees and tenants on topics around prevention and response to GBV including available internal and external legal remedies.

37. RECOMMENDATIONS…(CONT…) • Provide feedback on progress regarding GBV issues that are reported. • Allow for anonymous reporting. • Apply policies consistently. • Conduct community mapping to know services available to victims of gender based violence in your community. • Create partnerships with key stakeholders like police, shelters, civil society organisations working on social justice issues.

38. RECOMMENDATIONS…(CONT…) • Protect whistle blowers. • Provide support to victims and survivors of GBV. • Consider making provision for alternative accommodation for victims of domestic abuse within the social housing units.

39. CONCLUDING REMARKS • THANK ROOFTOPS CANADA AND NASHO. • THANK YEAST SOCIAL HOUSING. • THANK ALL PARTICIPANTS IN THIS ASSIGNMENT. • COMMENTS, QUESTIONS, ETC !!!!!!!!!!