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Abstract
South Africa has ratified several international instruments that impose an obligation on the country to allocate sufficient budgetary resources to realise women’s rights. Gender budgeting has been recognised as a means through which states can implement this obligation. South Africa was the first African country to have adopted gender budgeting initiatives and despite being successful in the initial years, the initiatives phased out and did not become integral to the budgeting process. In this article, I propose sustainable gender budgeting initiatives for a better realisation of women’s rights in South Africa. While the article highlights the challenges, I put forward recommendations for integrating gender budgeting in the national budgeting process.
Acknowledgements
This article is adapted from the author’s unpublished doctoral thesis submitted to the University of Pretoria under the supervision of Prof. Magnus Killander (University of Pretoria) and Prof. Attiya Waris (University of Nairobi).Footnote135
Disclosure statement
No conflict of interest has been declared by the author(s).
Notes
1 D Budlender & G Hewitt Engendering Budgets: A Practitioner’s Guide to Understanding and Implementing Gender-Responsive Budgets (2003) 7 s<http://www.internationalbudget.org/wp-content/uploads/2011/01/Engendering_Budgets_final_doc.pdf.>
2 Council of Europe ‘Gender budgeting: Final report of the group of specialists on gender budgeting’ (2005) 10 <http://www.coe.int/t/dghl/standardsetting/equality/03themes/gender-mainstreaming/EG-S-GB(2004)RAPFIN_en.pdf.>
3 ILO Bureau for Gender Equality ‘Discussion paper for the ILO staff on the relevance of gender-responsive budget initiatives in promoting gender equality in decent work country programmes’ (22 July 2006) 5 <https://www.ilo.org/wcmsp5/groups/public/–-dgreports/–-gender/documents/publication/wcms_111403.pdf>.
4 M Ncube ‘Gender sensitive budgets can help end equality’ (7 September 2018) Mail & Guardian.
5 D Hingston ‘A gender mainstreaming approach to South Africa’s budget response to Covid-19’ (2021) 35 Agenda: Empowering Women for Gender Equity’ 84–96.
6 Ibid.
7 South African Government ‘Minister Nkosazana Dlamini Zuma: Zero Based and Gender Responsive Budgeting’ (30 July 2020) <https://www.gov.za/speeches/minister-nkosazana-dlamini-zuma-zero-based-and-gender-responsive-budgeting-30-jul-2020-0000.>
8 Department of Women, Youth & Persons with Disabilities ‘Framework on gender-responsive planning, budgeting, monitoring, evaluation and auditing’ (December 2018) <http://www.women.gov.za/images/GRPB-framework-250119A.pdf.>
9 Website of the National Treasury <http://www.treasury.gov.za.>
10 R Clifton, V Tang, X Rame, P Cele & N Radebe ‘Advancing gender responsive budgeting in South Africa’ Public Financial Management Blog 28 October 2021 <https://blog-pfm.imf.org/pfmblog/2021/10/-advancing-gender-responsive-budgeting-in-south-africa-.html.>
11 KO Odeku ‘The surge in intimate partner violence amid covid-19 pandemic in South Africa’ (2021) 19 Gender and Behaviour <https://hdl.handle.net/10520/ejc-genbeh_v19_n2_a24>; KO Odeku ‘Exponential increase in endemic gender-based violence during Covid-19 lockdown in South Africa’ (2021) 19 Gender and Behaviour <https://hdl.handle.net/10520/ejc-genbeh_v19_n2_a20>.
12 Doctors Without Borders ‘Women fighting the #COVID19 pandemic in South Africa’ (6 August 2020) <https://msf-sa-press.prezly.com/women-fighting-the-covid19-pandemic-in-south-africa>; World Health Organization Africa ‘WHO concerned over COVID-19 impact on women, girls in Africa’ (18 June 2020) <https://www.afro.who.int/news/who-concerned-over-covid-19-impact-women-girls-africa>; E Moore ‘Women-headed households and Covid-19’ (16 April 2020) Daily Maverick <https://www.dailymaverick.co.za/article/2020-04-16-women-headed-households-and-covid-19/>; and AN Coulibaly ‘Silent suffering amidst pandemic: Intimate partner violence and lockdown in Africa’ (17 April 2020) (17 April 2020) Wathi <https://www.wathi.org/silent-suffering-amidst-the-pandemic-intimate-partner-violence-and-lockdowns-in-africa/>.
13 S Tamale ‘African feminism: How should we change?’ (2006) 49 Development 41 <https://doi.org/10.1057/palgrave.development.1100205>.
14 See generally E Klatzer & K Mader ‘Explaining the theoretical foundations and methodological approach of gender budgeting: Feminist democratic implications’ presented at the First International Conference on Gender Responsive Budgeting and Social Justice held at Vilnius in 2008.
15 N McAfee & RC Snyder ‘Feminist engagements in democratic theory’ (2007) 22 Hypatia viii.
16 Ibid.
17 Ibid.
18 Ibid.
19 J Vickers ‘What makes some democracies more ‘women-friendly’?’ (2006) 22 <http://www.cpsa-acsp.ca/papers-2006/Vickers.pdf.>
20 S Benhabib Democracy and Difference: Contesting the Boundaries of the Political (1996).
21 Benhabib (ibid) 70.
22 D Elson (ed) Budgeting for Women’s Rights: Monitoring Government Budgets for Compliance with the CEDAW (2006) 31.
23 Maria de Lourdes da Silva Pimentel, represented by the Center for Reproductive Rights and Advocacia Cidadã pelos Direitos Humanos v Brazil Communication No. 17/2008 para 8.
24 Elson (note 22 above) 32.
25 Ibid 2.
26 General Recommendation 24 of the CEDAW Committee on article 12 ‘Women and health’ adopted during the 20th session in 1999 A/54/38/Rev.1 para 17, 30 and 31; General Recommendation 25 of the CEDAW Committee on art 4(1) ‘Temporary special measures’ adopted during the 30th session in 2004; General Recommendation 28 of the CEDAW Committee on art 2 ‘The core obligations of states parties’ adopted during the 47th session in 2010 CEDAW/C/GC/28 paras 27, 28, 29, 34, 38(a) and 39; and Joint General Recommendation 31 of the CEDAW Committee on ‘Harmful practices’ adopted in 2014 CEDAW/C/GC/31 paras 46, 77 and 35.
27 General Recommendation 24 (ibid).
28 Ibid para 30.
29 Ibid para 17.
30 Ibid para 30.
31 Ibid para 31(a).
32 Ibid para 31(f).
33 CEDAW Committee concluding observations on the combined fourth and fifth periodic report of the Yugoslav Republic of Macedonia adopted during the 54th session in 2013 CEDAW/C/MKD/CO/4-5 paras 4(b) and 5(b); CEDAW Committee concluding observations on the combined seventh and eighth periodic reports of Liberia adopted during its 62nd session in 2015 para 17; and CEDAW Committee concluding observations on the combined fourth and fifth periodic reports of Namibia adopted during the 61st session in 2015 para 5(c).
34 CEDAW Committee concluding observations on the combined fourth and fifth periodic reports of Yugoslav Republic of Macedonia (ibid) paras 16 and 37.
35 Ibid paras 17, 19 and 38(a); and CEDAW Committee concluding observations on the combined sixth and seventh periodic report of Mali adopted during the 64th session in 2016 para 34(a).
36 CEDAW Committee concluding observations on the combined fourth and fifth periodic reports of the Gambia adopted during its 61st session in 2015 paras 23(b) and 25(b).
37 CEDAW Committee concluding observations on the combined sixth and seventh periodic reports of Mali (note 36 above) 18(c).
38 Paras 345–352 of the Beijing Platform for Action 1995.
39 Website of the UN Office of the High Commissioner for Human Rights <https://indicators.ohchr.org.>
40 Article 2(2) of the ICESCR: ‘The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status’.
41 General Comment 3 of the ESCR Committee on article 2(1) of the ICESCR ‘The nature of States parties’ obligations’ adopted during the fifth session in 1990; and General Comment 17 of ESCR Committee on article 15(1)(c) of the ICESCR ‘The right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author’ adopted during the 35th session in 2005 E/C.12/GC/17 para 34: States have the obligation to take ‘financial and other positive measures which facilitate the formation of professional and other associations representing the moral and material interests of authors, including disadvantaged and marginalised authors’.
42 General Comment 3 of the ESCR Committee (ibid) para 10.
43 M Ssenyonjo Economic, Social and Cultural Rights in International Law (2009) 56.
44 RE Robertson ‘Measuring state compliance with the obligation to devote the “maximum available resources” to realising economic, social and cultural rights’ (1994) 16 Human Rights Quarterly 693, 700.
45 Ibid 695.
46 African Union ‘List of countries which have signed, ratified/acceded to the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa’ (16 October 2019) <https://au.int/sites/default/files/treaties/37077-sl-PROTOCOL%20TO%20THE%20AFRICAN%20CHARTER%20ON%20HUMAN%20AND%20PEOPLE%27S%20RIGHTS%20ON%20THE%20RIGHTS%20OF%20WOMEN%20IN%20AFRICA.pdf.>
47 For a more detailed discussion on the budgetary allocation provisions of the Maputo Protocol, see generally A Budoo ‘Gender budgeting as a means to implement the Maputo Protocol’s obligations to provide budgetary resources to realise women’s human rights in Africa’ (2016) 9 African Journal of Legal Studies 199.
48 SADC guidelines 54–57.
49 SADC guidelines 57–58.
50 Section 1(a) of the Constitution.
51 Section 7(2) of the Constitution.
52 Sections 9–35 of the Constitution.
53 Section 9(1) of the Constitution.
54 Section 9(2) of the Constitution.
55 Section 9(2) of the Constitution.
56 PE Andrews ‘From gender apartheid to non-sexism: The pursuit of women’s rights in South Africa’ (2001) 26 North Carolina Journal of International Law and Commercial Regulation 700.
57 PE Andrews ‘Striking the rock: Confronting gender equality in South Africa’ (1998) 3 Michigan Journal of Race and Law 329.
58 A Waris ‘Delineating a rights-based fiscal social contract using African fiscal Constitutions’ (2015) East African Law Journal <https://ssrn.com/abstract=3831012 or http://dx.doi.org/10.2139/ssrn.3831012>.
59 Revenues of the government, as explained in section 3.2.1 of this article, can be any income received by the government. The Constitution refers to the collection of taxes as part of the revenue of the government: s 228 and 229 of the Constitution provide for the modalities of tax collection at the provincial and municipal level.
60 Section 213(1) of the Constitution.
61 Section 214(2) of the Constitution.
62 Section 215 of the Constitution.
63 Section 215(1) of the Constitution.
64 Section 215(2)(a) of the Constitution.
65 Section 215(2)(b) of the Constitution.
66 Section 215(2)(c) of the Constitution.
67 Introduction to the Public Finance Management Act of South Africa.
68 Chapter 2 Part 1 of the Public Finance Management Act.
69 R Sharp & R Broomhill ‘Budgeting for equality: The Australian experience’ (2002) 8 Feminist Economics 27, 28.
70 D Budlender ‘Review of gender budget initiatives’ (2001) 7 <http://internationalbudget.org/wp-content/uploads/Review-of-Gender-Budget-Initiatives.pdf>
71 Ibid.
72 JO Beall ‘Decentralizing government and decentering gender: Lessons learnt from local government reform in South Africa’ (2005) 33 Politics and Society 254.
73 D Budlender ‘The political economy of women’s budget in the South’ (2000) 28 World Development 1366.
74 JG Stotsky ‘Gender budgeting’ (2006) IMF Working Paper No. 06/232 13 <https://ssrn.com/abstract=941294>.
75 Budlender (note 70 above) 22.
77 Department of Women ‘Draft gender responsive planning and budgeting framework’ (undated) 10 <https://static.pmg.org.za/180612Gender_Responsive.pdf>
78 Budlender (note 70 above) 8.
79 D Budlender The Women’s Budget (1996).
80 Budlender (ibid) 6.
81 Budlender (note 70 above) 10.
82 Ibid.
83 D Budlender The Second Women’s Budget (1997).
84 D Budlender ‘Introduction’ in Budlender (ibid) 8.
85 Budlender (ibid) 24.
86 E Villagomez ‘Gender responsive budgets: Issues, good practices and policy options’ (2004) 20 <https://unece.org/fileadmin/DAM/Gender/documents/gender.2004.grb.pdf >.
87 Budlender 1997 (note 83 above).
88 Ibid.
89 P Govender ‘Foreword’ in D Budlender The Third Women’s Budget (1998) 1.
90 D Budlender ‘Introduction’ in Budlender (ibid) 11.
91 Budlender ‘Introduction’ in D Budlender The Fourth Women’s Budget (1999) 4.
92 D Budlender ‘Introduction the fifth women’s budget’ in D Budlender The Women’s Budget Series: Issue 5 (2000) 67.
93 S Coopoo ‘Women and local government expenditure’ in Budlender (ibid) 72.
94 T Goldman ‘Customs and excise’ in Budlender (ibid) 104.
95 T Smith ‘Women and tax in South Africa’ in Budlender (ibid) 131.
96 L Vetten & Z Khan ‘We’re Doing Their Work For Them’: An Investigation Into Government Support to Non-profit Organisations Providing Services to Women Experiencing Violence (2002).
97 Government of South Africa v Grootboom (CCT1100) 2000 ZACC 19; 2001(1) SA 46; 2000(11) BCLR 1169 (4 October 2000). This case concerned the enforceability of the right to housing in South Africa. Mrs Grootboom was one of a group of 390 adults and 510 children who were forcibly evicted from the land they were occupying.
98 D Budlender & S Liebenberg Rights, Roles and Resources: An Analysis of Women’s Housing Rights – Implications of the Grootboom case (2002).
99 Women’s Budget Initiative ‘What’s available? A guide to government grants and other support available to individuals and community groups’ (2003) 4 http://www.internationalbudget.org/wp-content/uploads/What%E2%80%99s-Available-A-Guide-to-Government-Grants-and-other-Support-Available-to-Individuals-and-Community-Groups.pdf.
100 Ibid.
101 Budlender (note 70 above) 15.
102 Ibid.
103 Ibid.
104 Ibid.
105 D Budlender, J Hicks & L Vetten ‘South Africa: Expanding into diverse initiatives’ in D Budlender & G Hewitt Gender Budgets Make More Cents: Country Studies and Good Practice (2002) 155.
106 Ibid.
107 Ibid.
108 Ibid.
109 Ibid.
110 Budlender (note 70 above).
111 LS Chakraborty & A Bagchi ‘Fiscal decentralisation and gender responsive budgeting in South Africa: An appraisal’ (2007) National Institute of Public Finance and Policy Working Paper 7/45 5 <https://www.nipfp.org.in/media/medialibrary/2013/04/wp_2007_45.pdf>.
112 D Budlender ‘The political economy of women’s budget in the South’ (2000) 28 World Development 1367.
113 Department of Justice and Constitutional Development ‘Gender mainstreaming assessment report’ (2004) <https://www.justice.gov.za/docs/other-docs/2006gmreports/Gender Mainstreaming_Vol 01_Assessment Report.pdf>.
114 Department of Justice and Constitutional Development ‘Gender Responsive Budgeting Guidelines’ Vol 2 (2005) <https://www.justice.gov.za/docs/other-docs/2006gmreports/Gender%20Mainstreaming_Vol%2006_Budgeting%20Guidelines.pdf>.
115 Budlender (note 70 above).
116 Budlender (note 70 above).
117 South Africa.info ‘Call for ‘gender-responsive’ budgeting’ (3 August 2012) <https://brandsouthafrica.com/women-020812/>
118 Motsepe Foundation ‘Doing more with less: A South African gender budget analysis for health, agriculture, forestry and fisheries, energy and trade and industry’ (2012).
119 National Treasury ‘2019 Budget – Estimates of National Expenditure: Women’ (2019) <http://www.treasury.gov.za/documents/national%20budget/2019/enebooklets/Vote%2013%20Women.pdf.>
120 Budlender (note 70 above).
121 Ibid.
122 Ibid.
123 Ibid.
124 Ibid.
125 Ibid.
126 D Walsh ‘Party centralization and debate conditions in South Africa’ in S Franceschet, ML Krook & JM Piscopo (eds) The Impact of Gender Quotas (2012) 126.
127 Budlender (note 70 above) 19.
129 National Treasury ‘2019 Budget – Estimates of National Expenditure: Women’ (2019) <http://www.treasury.gov.za/documents/national%20budget/2019/enebooklets/Vote%2013%20Women.pdf.>
130 Budlender (note 70 above).
131 Ibid.
132 Ibid 14.
133 Ibid.
134 Budlender (note 70 above).
135 A Budoo ‘The role of gender budgeting in implementing the obligation to provide resources to realise women’s human rights in Africa’ (2016) PhD dissertation, University of Pretoria.
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Ashwanee Budoo-Scholtz
Dr Ashwanee Budoo-Scholtz, programme manager, Centre for Human Rights, University of Pretoria