a-4816 (ACC-ZAF-4816)
In den ACCORD derzeit zur Verfügung stehenden Quellen konnten leider keine Informationen dazu gefunden werden, ob es einer Frau zumutbar ist, allein mit einem Kind nach Südafrika zurückzukehren. Im folgenden finden Sie Ausschnitte aus Berichten, die Informationen zur Lage der Frauen und Kinder in Südafrika enthalten. Auch Berichte mit Informationen über Gewalt gegen Frauen wurden ausgewählt. Außerdem finden Sie Links zu einigen Berichte, die Details zu Sozialhilfe, insbesondere Unterstützung für Kinder, enthalten:
Allgemeine Lage der Frauen (inklusive Menschenhandel)
WOMEN
6.42 Freedom House noted in Freedom in the World – South Africa (2005) that:
“Equal rights for women are guaranteed by the constitution and promoted by the constitutionally mandated Commission on Gender Equality. Laws such as the Maintenance Act and the Domestic Violence Act are designed to protect women in financially inequitable and abusive relationships. These laws, however, do not provide the infrastructure necessary for implementation. Discriminatory practices in customary law remain prevalent, as does sexual violence against women and minors. Forty percent of rape survivors are girls under 18. The Criminal Law (Sexual Offences) Amendment Bill, introduced to parliament in 2003, seeks to widen protection for sex-crimes victims, but human rights groups say that it does not go far enough.” [15] (p4-5) [...]
6.44 Human Rights Watch noted in its World Report 2005 South Africa, that “Violence against women and children is widely recognized as a serious concern in South Africa: 52,733 rapes and attempted rapes were reported to the South African police between April 2003 and March 2004 a slight increase from the previous.” [7a] (p2) The USSD report 2004 noted that Amnesty International believed that only 1 in every 35 rapes in the country was reported to the authorities. The USSD report 2004 also stated:
“The 2002-03 SAPS [South African Police Service] report noted that 90 percent of rape victims were known to their rapists, 45 percent of all rapists were HIV positive, and approximately 14 percent of all victims were younger than 12 years old. Only 5 percent of all rape cases ended with a conviction, with 40 to 60 percent of cases being withdrawn; however, SAPS reported an increase in the number of sexual offense convictions to 471. Although judges in rape cases generally followed statutory sentencing guidelines, women’s advocacy groups occasionally criticized judges for using questionable criteria, such as the victim’s behaviour or relationship to the rapist, as a basis for imposing lighter sentences.” [2b] (Section 5)
6.45 The Human Rights Watch 2005 report noted that:
“The South African government has taken important legislative steps to try to combat violence against women, including introducing a new Sexual Offences Bill to remove anomalies from the existing law, which was discussed in Parliament during 2004. Police continue to receive training in handling rape cases. Specialized courts are being established, yet conviction rates remain low. In a country where one quarter of adults are HIV-positive, rape can mean a death sentence. In April 2002, the government pledged to provide rape survivors with post-exposure prophylaxis (PEP) – antiretroviral drugs that can reduce the chances of contracting the virus from an HIV-positive attacker. Government inaction and misinformation by high-level officials as well as administrative delays in dispensing the antiretroviral drugs continues to impede access to this lifesaving program.” [7a] (p2)
6.47 Amnesty International (AI) noted in its 2005 South Africa report (covering events between January and December 2004) that:
“Child and adult rape survivors interviewed by AI in August, all of whom were HIV positive, had access to emergency medical care. However, they had considerable difficulties in obtaining further medical treatment or psychological care because of the social stigma, unemployment, and their lack of secure housing and access to affordable transport. In one case the survivor and her mother were threatened with violence by the perpetrators, who had been released on bail.
“Reforms to improve access to justice for survivors continued during the year. The police Family Violence, Child Protection and Sexual Offences Unit, responsible for investigating these cases, was enlarged. Additional ‘victim-friendly facilities’ were established at hospitals and at police stations, with the support of NGOs and business organizations. By December [2004], 52 specialized sexual offences courts had been established.” [6b] (p2)
6.49 The Amnesty International 2005 report noted that:
“The conviction rate in rape cases in these courts [specialised sexual offences courts] was 20 per cent higher than cases brought to trial in ordinary courts. Complainants’ access to justice was still limited by staff shortages, distances from the courts, poor police work and lack of social welfare support. Only about seven per cent of all the rape cases reported to the police resulted in convictions. The NPA launched a comprehensive training programme for police and criminal justice officials to improve their implementation of the 1998 Domestic Violence Act. In December, South Africa ratified the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa.” [6b] (p2) [...]
6.55 Human Rights Watch noted in its World Report 2005: South Africa, that an estimated 40 per cent of all rapes and attempted rapes (during 2003/4 there were 52,733 reported rapes) were perpetrated against children. [7a] (p2) However, BBC News reported on 6 December 2005 that in Cape Town’s Bishop Lavis township alone there were 22,486 child rapes in the previous year. [3a] The USSD report 2004 noted that “Violence against children, including domestic violence and sexual abuse, remained widespread. While there was increased attention to the problem, a lack of coordinated and comprehensive strategies to deal with violent crimes continued to impede the delivery of needed services to young victims.” [2b] (Section 5)
6.56 The United Nations Commission on Human Rights published a report entitled ‘Rights of the Child’ (covering South Africa), dated 9 January 2003, that noted that almost one-third of South African children had been the subjected to sexual abuse before the age of 18. It also noted that 20 per cent of females and 13 per cent of males were abused yearly. [22b] (p9) The UN report went on to state that:
“According to information provided by Childline, an NGO which has offices in six of the nine provinces and provides a 24-hour toll-free telephone helpline giving counselling to young callers, children in South Africa are exposed to every type of sexual abuse imaginable, from rape, anal rape, indecent assault and exposure to adult and child pornography. Crimes are perpetrated by both individuals and by groups – incidences of gang rape are reportedly increasing. Sometimes children are severely beaten or even killed during these assaults, in order to maintain the child’s silence.” [22b] (p10)
The UN report also noted that:
“Both boys and girls are victims. Where very young children and babies are concerned, one paediatrician with whom the Special Rapporteur met reported that the ratio of boys to girls was approximately 50:50. Childline KwaZulu Natal (KZN) reported that the age of victims was decreasing. In 1991, the average age of a child victim of rape was between 10 and 12, now it is 7. The Durban CPU reported that the youngest victim they had dealt with was just three weeks old, and reported a recent case in which a child aged 3 had been raped and was left tied to a tree amongst bushes. Within the older age groups, most of the reported cases of rape and sexual assault involve female victims, although most sources agreed that the extent to which male children are suffering is largely unknown. As well as the reasons outlined below for the failure to report these cases, rape of boys is not yet legally recognized, and the patriarchal nature of South African society in which a boy will not admit to being raped, coupled with the stigma attached to homosexual activity, ensures that he will rarely speak out about any sexual abuse.” [22b] (p10)
Rape, including spousal rape, is illegal, but remained a very serious problem. According to the 2004-05 SAPS annual report, the incidence of rape increased 4 percent from the previous year to 118.3 rapes per 100 thousand persons. A poor security climate and societal attitudes condoning sexual violence against women contributed to the problem. Amnesty International noted that the number of reported rapes was believed to be only a third of the estimated number of actual rapes. The 2004-05 SAPS reported 55,104 rapes, 30,915 of which were referred to court. Although judges in rape cases generally followed statutory sentencing guidelines, women's advocacy groups occasionally criticized judges for using questionable criteria such as the victim's behavior or relationship to the rapist as a basis for imposing lighter sentences. Rape, sexual assault, and sexual harassment of black South African female farm workers by farm owners, managers, and by other farm workers were common.
The government operated 54 sexual offenses courts throughout the country that included designated waiting rooms and counseling for victims. The Sexual Offenses and Community Affairs Unit (SOCA) operated five centers known as Thuthuzela centers, which specialized in rape care management and streamlined a network of existing investigative, prosecutorial, and medical and psychological services in the hospitals where they were located. [...]
There were reports that women were trafficked to the country for prostitution or were trafficked to foreign territories such as China and Macao (see section 5, Trafficking).
The law prohibits sexual harassment; however, sexual harassment remained a widespread problem. On June 1, the Supreme Court of Appeal reaffirmed a March 2004 Cape high court judgment allowing a woman to sue her employer for failing to protect her against sexual harassment.
Discrimination against women remained a serious problem despite equal rights under family law and property law with regard to inheritance, divorce, and custody of children, and equal legal rights under the judicial system. Women experienced economic discrimination in areas such as wages, extension of credit, and access to land. For example, township housing transfer schemes favored existing titleholders, who tended to be men. Rural areas were often administered through traditional leadership structures, often including a chief or a council of elders, who did not grant land tenure to women, a precondition for access to housing subsidies.
[...] Women, particularly black South African women, typically had lower incomes and less job security than men. Most women were engaged in poorly paid domestic labor and micro‑enterprises, which did not provide job security or benefits. The Department of Trade and Industry provided incentive grants to promote the development of small and medium businesses and micro‑enterprises for women, young persons, and persons with disabilities.
[...] Female farm workers often experienced discrimination, and their access to housing often was dependent on their relationship to male farm workers. Many female farm workers were denied maternity leave in violation of the law or were allowed only enough time to give birth before having to return to work.
A number of governmental bodies and NGOs monitored and promoted women's human rights. Numerous active women's rights groups focused on such areas as violence against women and the economic advancement of women. [...]
Trafficking in Persons
The law does not specifically prohibit trafficking in persons, and trafficking in persons was a problem. The government used the Prevention of Organized Crime Act, the Basic Conditions of Employment Act, the Refugee Act, the Aliens Control Act, and provisions of criminal law to prosecute traffickers.
[...] The country was a destination, transit, and point of origin for the trafficking of persons, including children, from other countries in Africa, Asia, and Europe for prostitution and forced labor. A substantial number of persons were believed to be trafficked annually. Domestic and international organized crime syndicates trafficked women into the country for the sex industry. Young men were generally trafficked for agricultural work.
The extent of trafficking operations was unknown, but the International Organization for Migration (IOM) reported there were 12 major routes for trafficking operations, including Southern Africa, Asia, and Eastern Europe.
Trafficked women and children who worked in the sex industry often lived with other trafficked victims in segregated areas; were frequently under constant surveillance; usually had no money or identifying documents; were often indebted to the agents who arranged their travel; often worked long hours, in some cases up to 18 hours each day, on weekends, and when ill; and sometimes were fined by their trafficker for infractions of strict rules. Young men trafficked for forced agricultural labor often were subjected to violence and food rationing.
Child prostitutes were often highly sought because of the belief that sex with them provided a cure for HIV/AIDS.
According to the IOM, there were several major criminal groups in the country that trafficked women: Bulgarian and Thai syndicates; the Russian and the Chinese Mafia; and African criminal organizations, mainly from West Africa. Traffickers also included male citizens and African refugees.
In most cases traffickers lured women with promises of employment, marriage, or educational opportunities abroad. Traffickers often lured the children of poor families with promises of jobs, education, or a better way of life. Victims, who could be kidnapped or forced to follow their traffickers, were subjected to threats of violence, withholding of documents, and debt bondage to ensure compliance.
Gewalt gegen Frauen
Polizeistatistiken für das Jahr 2003/2004 verzeichneten 52759 gemeldete Vergewaltigungen. Am höchsten lag die Vergewaltigungsrate mit 190 Fällen pro 100000 Einwohner in der Provinz Northern Cape. Präsident Mbeki spielte die Besorgnis von Hilfsorganisationen über die hohen Vergewaltigungszahlen und den Zusammenhang mit der endemischen Ausbreitung von HIV-Infektionen unter jüngeren Frauen öffentlich herunter. In einem Parlamentsantrag im Oktober wurde Kritik an seinem Verhalten geübt.
Sämtliche HIV-positiven jugendlichen und erwachsenen Vergewaltigungsopfer, mit denen Vertreter von amnesty international im August sprachen, hatten Zugang zu medizinischer Notversorgung. Wegen gesellschaftlicher Stigmatisierung, Arbeitslosigkeit, der unsicheren Wohnsituation und des Fehlens bezahlbarer öffentlicher Verkehrsmittel hatten sie aber erhebliche Schwierigkeiten, weiter gehende ärztliche oder psychologische Behandlung zu erhalten. In einem Fall wurden eine Betroffene und ihre Mutter von dem auf Kaution freigelassenen Täter tätlich bedroht.
Im Berichtsjahr wurden Reformen, mit denen Vergewaltigungsopfern der Zugang zu den Gerichten erleichtert werden soll, weiter vorangebracht und die Polizeieinheit für familiäre Gewalt, Kinderschutz und Sexualdelikte, die für Ermittlungen in solchen Fällen zuständig ist, personell erweitert. In den Krankenhäusern und Polizeiwachen wurden mit Unterstützung von Nichtregierungsorganisationen und Wirtschaftsverbänden zusätzliche »opferfreundliche Einrichtungen« geschaffen. Bis Dezember 2004 waren 52 Gerichte speziell für Sexualdelikte eingerichtet worden. Die Verurteilungsrate dieser Gerichte in Vergewaltigungsprozessen lag um 20 Prozent höher als in Fällen, die vor normalen Gerichten verhandelt wurden. Gleichwohl hatten die betroffenen Frauen wegen der Personalknappheit der Justiz, der großen Entfernungen zu den zuständigen Stellen, der mangelhaften Arbeit der Polizei und fehlender Sozialhilfe nach wie vor nur eingeschränkt Zugang zu den Gerichten. Nur sieben Prozent der bei der Polizei angezeigten Vergewaltigungen führten auch zur Verurteilung der Täter. Im Berichtsjahr startete die Staatsanwaltschaft in Umsetzung des bereits 1998 erlassenen Gesetzes gegen familiäre Gewalt ein umfassendes Schulungsprogramm für Polizei- und Justizbeamte.
Im Dezember ratifizierte Südafrika das Zusatzprotokoll zur Afrikanischen Charta der Menschenrechte und Rechte der Völker über die Rechte der Frauen in Afrika.
“Sexual violence against women and girls is a problem of epidemic proportions in South Africa, with child rape as one of its particularly disturbing features. According to police statistics, 52,107 rapes and attempted rapes were reported to the South African Police Service (SAPS) in 2002. But this figure certainly underestimates the true extent of the problem. A Department of Health study in 1999 found that 7 percent of women age fifteen to forty-nine reported having ever been raped or coerced to have sex against their will. Only 15 percent of these women had reported such an incident to the police. A 1999 study of abuse among women eighteen to forty-nine in three South African provinces found that between 4.5 and 7.2 percent of women reported having been raped during their lifetime and that 1.3 percent of the women had been raped in the year prior to the study.
According to police statistics, more than 40 percent of rape survivors who reported their case to the police between February 2002 and March 2003 were girls under eighteen, with 14 percent twelve years or younger. Experts interpret national Department of Health data to establish that most rapes are of girls age nine to eighteen. If this is accurate, preteens and teenagers are at much higher risk of rape than the population as a whole. Although reliable numbers are hard to obtain, there is evidence that child rapehas become more common in recent years. In 2000 and 2001, the reported incidence of rape and attempted rape among children increased, even as the incidence among adults began to stabilize. Far too many girls have no safe haven from sexual violence: many girls are coerced to have sex and otherwise subjected to sexual harassment and violence by male relatives, boyfriends, schoolteachers and male classmates.
The South African Police Service has acknowledged that rape is underreported, observing that for children, this may be explained in part by the fact that many are raped by members of their family, which “tend[s] to be kept secret.” Research in South Africa has shown that schoolteachers, relatives and men otherwise known to victims perpetrate a significant percentage of childhood rapes and that fear of retaliation by the perpetrator is among the barriers to reporting these crimes to police. Many women and girls do not report rape or sexual coercion by intimate partners, because they believe that a husband or boyfriend has a right to demand sex, or they have low expectations of their right to control the terms of their sexual interactions. Studies have documented a range of other obstacles to reporting, which include fear of not being believed; problems of physical access to police; and fear of legal processes involved, including poor treatment by police.
Many rape survivors in South Africa may not go to the police because they lack confidence in the criminal justice system and believe that perpetrators will not be punished for their acts. These concerns appear justified: a 2002 government study found that only 7.7 percent of reported rape cases resulted in convictions and that a large number of cases were still being withdrawn after having been registered, despite police instructions not to do so. In many cases, rape survivors gave statements to officers untrained to deal with rape or sexual offence cases in environments that were not private. Investigating officers were not always available, and women and children rape survivors often waited hours before meeting an investigating officer.15 Police themselves have identified corrupt practices that undermine successful prosecution of rape cases, including acceptance of money or bribes by police, prosecutors, and other court officials to destroy a case, and dockets otherwise being lost, stolen, or destroyed.” (S. 9-11)
“Resource constraints compound barriers posed by government failure to provide clear messages in support of PEP. A lack of sufficient financial and human resources poses considerable obstacles to health and social service provision in South Africa, particularly in areas historically disadvantaged under apartheid, such as former “homeland” areas and townships and shanty towns—known as squatter camps—in urban areas. South Africa has taken significant steps to redistribute health sector services to historically disadvantaged areas, making access to primary health care in rural areas a priority. But many South Africans still have significant problems obtaining adequate—or any—health care. Unequal resource allocation, scarcity of clinics to cover rural areas, and difficulty in retaining medical staff within the public health sector and within South Africa all contribute to these problems. Health services, social services and specialized police services that provide the structures and personnel for making PEP provision work are severely understaffed and underfunded in many parts of South Africa. Police officers who are meant to transport sexual violence survivors to health facilities may find themselves without enough working vehicles to provide this important service. Many have caseloads so high that they lack time to conduct proper investigations. Specialized police charged with handling crimes related to family violence, rape and other sexual offences are not posted in many rural police stations. Many health care practitioners lack sufficient training and expertise regarding the examination and treatment of rape survivors. Until recently, district surgeons—medical doctors appointed by government to perform clinical medico-legal examinations—or physicians in private practice performed forensic examinations on sexual violence victims. In 1999 the Minister of Health announced that district surgeons would be phased out and replaced by “accredited health care practitioners,” who would be physicians or nurses that had completed specialized training and were registered with the South African Health Professions Council or Nursing Council.” (S. 25-26)
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Sozialhilfe, insbesondere Unterstützung für Kinder
Child care arrangements
6.58 The report published by the United Nations Commission on Human Rights entitled ‘Rights of the Child’ noted on 9 January 2003 that there were a number of children’s shelters throughout South Africa. The report stated that:
“The Special Rapporteur visited a number of children’s shelters and centres during his visit, in Johannesburg, Atlantis in Western Cape, and in Durban, which housed either children who had run away from abuse, former street children, or children in conflict with the law. The shelters and centres were run by the Government, by NGOs and by religious organisations and the Special Rapporteur was extremely impressed by the dedication of the staff in each of them. The Government-run centres, notably the Walter Sisulu centre in Gaunteng, were very well resourced and the children were kept occupied throughout the day.” [22b] (p18)
6.59 However, Children’s Rights International (accessed 17 January 2006) noted that in spite of Government and NGO accommodation provision, the effect of HIV/AIDS will mean that by 2015, 1.97 million children (estimate) will have lost both parents. The report noted that the loss of both parents to AIDS was increasing the number of orphans who subsequently had to fend for themselves in what are termed ‘child headed households’. [25] (p1)
The Southern African Regional Poverty Network (SARPN) reported in October 2005 that, in South Africa, the provision of formal care placements and cash grants to needy children (whether AIDS-affected or not) has made some progress. “However, these benefits were developed before the era of HIV/AIDS, and are reaching only a small fraction of children who need them. Government grants intended for foster children require a court order and a cumbersome bureaucratic process, with the result that few bother to apply and only two percent of orphans in one region were receiving them. A means-tested ‘child support’ grant reached more children but represented less than a third of the value of the foster child grant.” [26] (p1)
Children
The government was generally committed to children's welfare. The law provides for greater educational opportunities for disadvantaged children‑‑traditionally black South African children‑‑through a uniform system for the organization, governance, and funding of schools. [...]
Each of the nine provincial departments of education had responsibility for the schools in their provinces, which resulted in the uneven distribution of educational facilities. The disparity affected the poorer provinces of Eastern Cape, Limpopo, and KwaZulu‑Natal most severely. The availability and quality of primary schooling continued to be a problem, especially in rural areas where schools often were not easily accessible or where children worked (see section 6.d.). HRW reported in 2004 that children attending farm schools, which are public schools on private commercial farms (13 percent of all state-funded schools), were among the poorest in resources and were vulnerable to the farmers on whose land they occupied. Many schools reportedly had problems of inadequate teaching materials, long‑vacant teaching posts, overcrowding, late pupil registration, and vacation time vandalism.
There continued to be reports of widespread rape, sexual abuse, sexual harassment, and assaults of girls at school by teachers, students, and other persons in the school community. In August the Sunday Times reported that records of provincial education department disciplinary hearings showed that 49 teachers had been found guilty of raping, sexually abusing, or sexually harassing students during the previous 15 months. The law requires schools to disclose sexual abuse to the authorities; however, administrators often concealed sexual violence or delayed disciplinary action. The level of sexual violence in schools also increased the risk for girls of contracting HIV/AIDS or other sexually transmitted diseases, as well as unwanted pregnancies. Girls were often raped on school premises, and the victims' age generally ranged from 4 to 14.
Although the law prohibits corporal punishment in schools, there were reports that teachers used physical violence to discipline students. There also continued to be racially motivated violence among students in schools.
[...] Violence against children, including domestic violence and sexual abuse, remained widespread. While there was increased attention to the problem, a lack of coordinated and comprehensive strategies to deal with violent crimes continued to impede the delivery of needed services to young victims. According to the 2004-05 SAPS report, 22,486 children were raped, 1,128 were murdered, 24,189 were assaulted with intention to do grievous bodily harm, and 4,829 were subjected to indecent assault. Observers believed that these figures represented a small percentage of the actual incidents of child rape, because most cases involved family members and were not reported. The country had a low conviction rate for rape and child abuse. The minimum sentence for rape of a child was life in prison; however, judges have the discretion to grant more lenient sentences.
The law prohibits virginity testing but was not always enforced. For example, virginity testing occurred in KwaZulu-Natal, especially related to the Reed Dance ceremony in which only "maidens" could participate.
Despite several outreach programs in 2004, traditional male circumcision was still prevalent in various parts of the country. Initiation practices, which included circumcisions, continued during the year. The House of Traditional Leaders attempted to address unsafe initiation practices and designed strategies to prevent deaths and the spread of diseases, such as HIV/AIDS. The Department of Health in the Eastern Cape provided 400 surgeons, 425 officials, and 80 vehicles during the June initiation season to monitor initiation practices. Nonetheless, circumcision deaths reported in the Eastern Cape during the year increased from 14 in the previous year to 20, according to press reports. Child prostitution continued during the year (see section 5, Trafficking).
The government continued to increase its social welfare programs to children affected by poverty and the loss of parents, and, according to the Ministry of Social Development, more than 5.5 million children received such grants during the year, according to the ministry. Child support grants cover children up to the age of 14, but it was sometimes difficult for children, particularly in rural areas, to obtain access to health care facilities and other social welfare programs. NGOs provided shelter, medical, and legal assistance for child prostitutes and a hot line for victims of child abuse. The government donated land and buildings for various shelters for victims of sexual abuse, street children, and orphans. Child labor was a problem (see section 6.d.).
“Income transfers to households, mainly through our social assistance grant programmes, have increased from R42,9 billion in 2002/03 to R74,2 billion last year – an increase of 20 per cent a year. The 2006 Budget provides for continuing growth in eligible beneficiary numbers, and social grants will increase in real terms on 1 April. The maximum old age and disability grant and the care dependency grant will increase by R40 to R820 a month, the foster care grant by R30 to R590 and the child support grant by R10 to R190 a month. We are mindful that these amounts are modest in relation to household needs, although alongside education this is the largest programme of expenditure on the budget. The challenge remains, to balance these income support commitments with continued strengthening of expenditure on infrastructure and service delivery.“
“The Lund Committee’s brief was a narrow one, and the debates which accompanied the release of its recommendations and subsequent problems with the implementation of the child support grant as well as major inefficiencies in the delivery of all social grants have reopened larger questions about the overall system of social assistance. A central concern among many welfare activists was the narrow reach of social security. However redistributive in effect, by their nature pensions only reach a limited number of people. Although by 2004 uptake of the child support grant outstripped government expectations, a significant proportion of poor children below fourteen years of age do not receive the grant; at the moment, all poor children over seven do not receive support. Up to 60% of the poor – mainly those between the ages of fourteen and sixty – are not getting any social security at all. Lund estimates that 11.8 million of the poorest 23.8 million South Africans live in households that receive no social assistance.” (S. 20)
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