Ministerial Task Team Report On Sexual Harassment, Sexual .

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Prepared by the MTT for the Minister of Defence and Military Veterans:Nosiviwe Mapisa-NqakulaMinisterial Task Team Report onSexual Harassment, SexualExploitation, Sexual Abuse andSexual Offences within theDepartment of DefenceA Defence Force that Cares

A Defence Force that CaresMinisterial Task Team Report on Sexual Harassment, Sexual Exploitation,Sexual Abuse and Sexual Offences within the Department of DefenceDate: December 2020A Defence Force that CaresMTT REPORT1

Operation Protect and CareContentsLIST OF TABLES4LIST OF DIAGRAMS4LIST OF ANNEXURES4ACRONYMS5KEY CONCEPTS81.FOREWORD112.MESSAGE FROM THE CHAIRPERSON OF THE MINISTERIAL TASK TEAM133.ACKNOWLEDGEMENTS154.EXECUTIVE SUMMARY175.PROFILES OF MEMBERS OF THE TASK TEAM196.PRINCIPLES INFORMING THE WORK OF THE MINISTERIAL TASK TEAM217.KEY FINDINGS228.RECOMMENDATIONS259.INTRODUCTION3010. BACKGROUND3210.1From the South African Defence Force to the South African National Defence Force3210.2Women in the Defence Force3710.3The SANDF and Peacekeeping4111. ESTABLISHMENT, SCOPE AND MANDATE OF THE MTT4412. METHODOLOGY4613. LEGAL AND POLICY FRAMEWORKS4813.1International Instruments and UN Resolutions on Women, Peace and Security48African Union and Southern Africa Development Community Frameworks Relevant for Women,Peace and Security4913.3National Legal and Policy Framework Relevant to Gender5013.4DOD Legal and Policy Framework Relevant to Gender5213.214. INSTITUTIONAL ARCHITECTURE FOR GENDER IN THE DOD5415. PROBLEM STATEMENT562MTT REPORT

A Defence Force that Cares16. KEY ISSUES5916.1. Organisational Culture5916.2Military nder Mainstreaming6216.6Policies, Structures and Processes6316.6.1 The Use of a Military Specific Legal Structure6316.6.2 Disciplinary vs Criminal6616.6.3 Integrated Justice System Board6816.7Sexual Exploitation and Abuse (SEA) as Defined in Peace Support Operations Under the UN6916.8Paternity7216.9Data and Knowledge Management7316.10 Boards of Inquiry7416.11 Training and Sensitisation7616.12 Reserve Force System7716.13 Public Service Act Personnel Service (PSAPS)7917. SEXUAL MISCONDUCT WITHIN THE DEPARTMENT OF DEFENCE17.180Surveys8117.1.1 Online Survey:8117.1.2 Hard copy survey responses:8217.1.3 SAMHS Survey8217.2Cases of Sexual Exploitation and Abuse in the DRC8317.3Case Examples of Sexual Harassment and Sexual Assault Within the DOD8418. COUNTRY CASE STUDIES8618.1. Canada Armed Forces and Sexual Misconduct8618.288Sexual Harassment in the Australian Defence Force19. DIAGRAM 6: DOD GAPS AND NEEDS FOR ADDRESSING SEXUAL MISCONDUCT9320. ENABLING VICTIM SUPPORT AND EMPOWERMENT WITHIN THE DOD9421. PLAN OF ACTION9622. ANNEXURES101MTT REPORT3

Operation Protect and CareLIST OF TABLESTable 1DOD Planned Average Strength for Financial Year 2018/19 and Actual Strength 31 March 2020Table 2DOD Strength as at May 2019Table 3Gender Representation (by number of personnel) in the SANDF: 1994-2004Table 4Uniformed Women in SANDFTable 5Regular Force Strength per Substantive Rand, Race and Gender as at 31 May 2020 (Consisting of convert to Landscape)Table 6South Africa Contribution to UN Peacekeeping 31 May 2020Table 7Online Survey of Respondents per ProvinceTable 8Response to Categories of Perpetrators of Sexual Misconduct in DODTable 9Response to Categories of Perpetrators of Sexual Misconduct – Hard copy responseTable 10What should be done to Increase Reporting?Table 11Women in Canadian Armed Forces – February 2020Table 12Women in Canadian Armed Forces by Environment Group: February 2020LIST OF DIAGRAMSDiagram 1:Gender Architecture in the DODDiagram 2:CDTM OrganogramDiagram 3:Governance Structure of CAF Operation HonourDiagram 4:Guiding Principles of the CAF Sexual Misconduct Support StrategyDiagram 5:Sempro’s Approach to Sexual MisconductDiagram 6:DOD Gaps and Needs for Addressing Sexual MisconductDiagram 7:Proposed Sexual Misconduct ArchitectureLIST OF ANNEXURES1.MTT Engagements2.List of Incidents that Came to the MTT’s Attention3.MTT Standard Operation Procedure (SOP) for the Hotline4.Hotline Interview Records5.MTT Comments on the Military Discipline Bill6.Code of Conduct for Uniformed members7.Draft Ethics Strategy8.DOD Gender Mainstreaming Strategy9.UN Diagram on SEA Management of Reports and Allegations4MTT REPORT

A Defence Force that CaresACRONYMSACRONYMEXPLANATIONADFAustralian Defence ForceADMAdmiralAFDArmed Forces DayANCAfrican National CongressAPLAAzanian People’s Liberation ArmyAUAfrican UnionAWOLAbsent Without LeaveBNBattalionBOIBoard of InquiryBPABeijing Platform for ActionBRIG GENBrigadier GeneralCAFCanadian Armed ForcesCAPTCaptainCARCentral African RepublicCDMComplaints and Discipline TeamCDMHFSChief Director Military Health Force SupportCDTComplaints and Discipline TeamCDTMChief Directorate Transformation ManagementCEDAWConvention on the Elimination of all Forms of Discrimination against WomenCGECommission for Gender EqualityCHRChief Human ResourcesCJOPSChief of Joint OperationsCOCommanding OfficerCODCouncil of DefenceCOLColonelCOMDTCommandantCOSCChief of Staff CommitteeCMACourt of Military AppealsCMISCommand, Management and Information SystemCPLCorporalCPLNChaplainCSANDFChief of the SANDFDDRDisarmament Demobilisation and ReintegrationDFDefence ForceDFCDefence Force CouncilDFSCDefence Forces Service CommissionDHQDefence Head QuartersDIDefence IntelligenceDIRCODepartment of International Relations and Co-operationDIVDivisionMTT REPORT5

Operation Protect and CareDJCSDepartment of Justice and Correctional ServiceDNADeoxyribonucleic AcidDODDepartment of DefenceDOD&MVDepartment of Defence & Military VeteransDODIDepartment of Defence InstructionDOJCDDepartment of Justice and Constitutional DevelopmentDPSADepartment of Public Service and AdministrationDRCDemocratic Republic of CongoDSDDepartment of Social DevelopmentFHRFoundation for Human RightsFIBForce Intervention BrigadeF SgtFlight SergeantGFPGender Focal PointGOCGeneral Officer CommandingGWRGood Working RelationshipHRHuman ResourcesHRBHuman Resources BoardHSRCHuman Sciences Research CouncilHQHead QuartersIJSIntegrated Justice SystemJMCCJoint Military Co-ordinating CommitteeJSCDJoint Standing Committee on DefenceLTLieutenantL CPLLance CorporalMAJMajorMAJ GENMajor GeneralM&EMonitoring and EvaluationMCCMilitary Command CouncilMDSMMilitary Discipline Supplementary MeasuresMKuMkhonto we SizweMODMinistry of DefenceMOD&MVMinister of Defence & Military VeteransMONUSCOUnited Nations Organisation Stabilization Mission in the DRCMPMilitary PoliceMPIMilitary Psychological InstituteMSDSMilitary Skills Development SystemMTTMinisterial Task ForceNAPNational Action PlanNCONon-Commissioned OfficerNIONational Investigating OfficerNPANational Prosecuting AuthorityOAUOrganisation of African UnityOCOfficer Commanding6MTT REPORT

A Defence Force that CaresOCJOffice of the Chief JusticePACPan African CongressPSOPeace Support OperationsPSAPPublic Service Act PersonnelPTEPrivateREMOCAReciprocal Enforcement of Maintenance OrdersRetRetiredRFCReserve Force CouncilSASouth AfricaSAAFSouth African Air ForceSADCSouthern African Development CommunitySADFSouth African Defence ForceSAI BNSouth African Infantry BattalionSAMHSSouth African Military Health ServicesSANSouth African NavySANDFSouth African National Defence ForceSAPSSouth African Police ServiceSAWIDSouth African Women in DialogueSEC DEFSecretary for DefenceSEASexual Exploitation and AbuseSEMPROSexual Misconduct, Prevention and Response OfficeSGBVSexual and Gender Based ViolenceSGTSergeantSITAState Information Technology AgencySMCSexual Misconduct CentreSOStaff OfficerSSOSenior Staff OfficerSSRSecurity Sector ReformSWEATSex Workers Education and AdvocacyTBVCTranskei, Bophuthatswana Venda and CiskeiTORTerms of ReferenceUNUnited NationsURTPUniversity Reserve Training ProgrammeUSAUnited States of AmericaUNSCRUnited Nations Security Council ResolutionVESPVictim Empowerment Support ProgrammeVIPVery Important PersonVRAVictims’ Rights AdvocateWDFWomen’s Development FoundationWITSUniversity of the WitwatersrandWOWarrant OfficerWPSWomen Peace and SecurityMTT REPORT7

Operation Protect and CareKEY CONCEPTSi. AmnestyRefers to a “fixed period of time during which people are not punished for committing a particular crime.”1ii. ComplainantIn this context refers to any person who alleges that he or she has been, or is being, subjected to sexual misconduct.iii. ConsentIn this context means the voluntary agreement and willingness to engage in sexual activity by a person who possesses sufficientmental capacity to make such a decision.iv. FraternisationFraternisation is a concept with multiple interpretations. In the military it generally refers to relationships that compromisecommand and control. In the UN it refers to associating socially with the local population in a peace mission area for purposesother than those associated with the mandate of the mission.v. GenderThe socially constructed roles, attributes and expectations of men and women. These roles are assigned unequal power Gender BlindTo treat all genders the same. This often perpetuates inequality as it fails to address the reality of gender inequality.vii. Gender EqualityThe context in which “men and women have equal rights, opportunities and conditions for realizing their full human rights andfor contributing to, and benefiting from economic, social, cultural and political development.”2viii. Gender-Nonconforming PersonRefers to a person whose appearance, behaviour and self-definition is not in accordance with the dominant gendered stereotypesof men and women.ix. PatriarchyA social system marked by the privileging of men, institutionalised through legal, political, structural and social organisation, atthe expense of women.x. Peace EnforcementThe “application of a range of coercive measures, including the use of military force, to restore peace and security in conflictsituations.” 3xi. PeacekeepingThe “act of preserving the peace, where fighting has been halted, and the implementing of peace agreements through thedeployment of military, police and civilian personnel with the consent of all ionary/english/amnesty2Southern African Development Community. 2009. Gender Mainstreaming Resource Kit.3Available at le at pstone eng 0.pdf8MTT REPORT

A Defence Force that Caresxii. Transactional SexThe exchange of money, goods or services for sex.xiii. TraumaThe psychosomatic consequence of a deeply distressing experience that “overwhelms an individual’s ability to cope, causesfeelings of helplessness and diminishes their sense of self.”5xiv. Paternity“The state of being someone’s biological father, often pertaining to a legal dispute in which the man is alleged to be the biologicalfather of the child.”6xv. PerpetratorA person who commits an illegal or criminal act.xvi. RapeThe unlawful and intentional act of sexual penetration with another person without that person’s consent whether vaginal, analor oral. “Consent is undermined under the following circumstances: i) The use of force or intimidation by the alleged perpetratoragainst the complainant, another person or the property of these persons; ii) A threat of harm, real or perceived, by the allegedperpetrator against the complainant, another person or the property of these persons; iii) An abuse of power or authority suchthat the complainant is inhibited from expressing her/his resistance or unwillingness to participate in the act; iv) False pretences orby fraudulent means; v) The inability of the complainant to appreciate the nature of the act of sexual penetration, including wherethe complainant is at the time of the commission: asleep or unconscious; in an altered state of consciousness, including, but notlimited to, under the influence of any medicine, drug, alcohol or other substance, to the extent that her/his ability to consent isadversely affected; or mentally disabled.”7xvii. Sexual Abuse“The actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions.”8 “Anyconduct that abuses, humiliates, degrades or otherwise violates the sexual integrity of the complainant.”9xviii. Sexual Exploitation“Any actual or attempted abuse of a position of vulnerability, differential power, of trust, for sexual purposes, including, but notlimited to, profiting monetarily, socially or politically from the sexual exploitation of another.”10xix. Sexual Exploitation and AbuseIn this context refers to sexual misconduct acts committed in peace support operations under the auspices of the UN. The useof the term “sexual exploitation and abuse” or “SEA” in this context is used only to refer to sexual activity between South Africanpeacekeepers and the local population.5Available at (accessed on 30 July 2020)6UN.2017. Glossary on Sexual Exploitation and Abuse. Available at English 0.pdf (accessed on the 10 August 2020)7Criminal Law Sexual Offences and Related Matters Amendment Act No 32, 20078Secretary General’s Bulletin. 2003. Special Measures for Protection from Sexual Exploitation and Sexual Abuse. Available at African Domestic Violence Act 116 of 1998.10Secretary General’s Bulletin, Op cit.MTT REPORT9

Operation Protect and Carexx. Sexual Harassment“Unwelcome sexual attention from a person who knows, or reasonably ought to know, that such attention is unwelcome;unwelcome explicit or implicit behaviour, suggestions, messages or remarks of a sexual nature that have the effect of offending,intimidating or humiliating the complainant or a related person in circumstances in which a reasonable person would haveanticipated that the complainant or related person would be offended, humiliated or intimidated; implied or expressed promiseor reward for complying with a sexually oriented request; or implied or expressed threat or reprisal or actual reprisal for refusal tocomply with a sexually oriented request.”11xxi. Sexual Misconduct“A range of non-consensual behaviours of a sexual nature committed by force or intimidation, or that are otherwise unwelcome.Sexual misconduct includes but is not limited to sex discrimination, sexual harassment, and sexual offences.”12xxii. Sexual OffencesAny offence as defined in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (the Sexual OffencesAct), which includes rape, sexual assault and sexual exploitation.xxiii. Survivor/VictimA person who has experienced sexual harassment, sexual exploitation and sexual abuse. The “terms ‘victim’ and ‘survivor’ aresometimes used interchangeably; ‘victim’ is used most often in the legal and medical sectors, while ‘survivor’ is a term generallypreferred in the psychological and social support sectors.”13xxiv. Statutory RapeThe act of sexual penetration with a minor (under the age of consent) or other person unable in law to consent.xxv. Victim EmpowermentA victim centred approach to criminal justice14 which provides emotional and practical support as well as referral to professionalsupport services.xxvi. Whistle Blowing“The act of informing the authorities and/or senior management; that someone is doing something that is immoral/unwantedand/ or illegal.”1511Protection from Harassment Act No 17, 2011.12SEMPRO Annual Report. Available at ine Chapter 7 SeMPRO Report.pdf13Sonke Gender Justice, op cit.14Department of Justice and Constitutional Development. National Policy Framework Management of Sexual Offence Matters, June 201215Sonke Gender Justice, Op Cit.10MTT REPORT

A Defence Force that Cares1.FOREWORDI am very pleased that the Ministerial Task Team on SexualHarassment, Sexual Exploitation and Sexual Abuse hascompleted its report. I am mindful that at the time oftheir establishment, in December 2019, there was nevera consideration that Covid-19 would abruptly disrupt ournormal operations. It did, but the work of the MTT continued.The formation of this Ministerial Task Team arose as a resultof complaints against the department that I have beentasked to lead, namely, the Department of Defence andMilitary Veterans. I was inundated with complaints of sexualmisconduct perpetrated by members of the defence forceamongst themselves and against women in peace supportoperations deployment areas. The United Nations redflagged South Africa for Sexual Exploitation and Abuse raisingconcerns about the negative impact of our peacekeepers inthe DRC and the integrity of our military and our republic.At a meeting with women in the military, held in March2019, I was deeply disturbed by the feedback I received thatindicated that the Department of Defence is not always a safespace for them. I came out of that meeting concerned thatNosiviwe Mapisa-Nqakulathe number of cases I was receiving of sexual transgressionsMinister of Defence and Military Veteranswas not in sync with the narrative I was receiving from thewomen themselves. In other words, I did not know the natureand the scale of the problem or what else could be done to mitigate this problem, given the internal administrative and judicialsystems we had put in place to deal with these wrongdoings.Why did I set up this task team? I am a servant of the people. I have been given an honour to lead this incredible institution whoseconstitutional mandate is to protect the people of South Africa. I vowed when I was instituted that I will protect the constitutionand its people. I carry with me the responsibility to ensure that “National security must reflect the resolve of South Africans, asindividuals and as a nation, to live as equals, to live in peace and harmony, to be free from fear and want and to seek a better life”(Sec 198 (a) of the Constitution of the Republic of South Africa). I could not ignore the cries for help I was hearing and accusationsthat I looked the other way whilst injustice was being meted by our own on our own or on the vulnerable in deployment areas. Iwant safe and secure soldiers who will exercise their mandate of national security with pride, honour and all their energy. Sexuallyabused women soldiers and DOD workers can never be fully loyal to an organisation that does not protect them.When I appointed the Task Team, I made it clear to them that they had to do their work without fear or favour. I am informedthat the Chief of Defence and the Secretary for Defence also promised the MTT absolute independence to collect information,interview members and convene sessions. I thank all those who contributed to the compilation of this report by cooperating withand trusting this MTT. Your efforts will be rewarded by the extent to which the recommendations will be implemented.I am aware that at the beginning I underestimated the amount of time it would take to undertake this task. The Terms of Referenceof the MTT were very wide and I idealistic to think that they would be achieved in three months. What started as a three monthsproject ended up being a twelve months project. I thank the members of the MTT Ms Thoko Mpumlwana (Chairperson), DrMongezi Guma, Maj Gen (retired) Thandiwe Nodola, Ms Britta Rotmann and Prof Cheryl Hendricks who spent many hours workingon this report.MTT REPORT11

Operation Protect and CareI was impressed by the MTT’s professional approach, passion, patriotism and their consultative manner. Consequently, I have nodoubt that the report will be embraced at all levels of the department. We must leave a legacy for the next generation.We receive this report with utmost gratitude and appreciation as we believe that it will enhance the national and internationalintegrity of the Department. We commit to be a learning organisation that is seriou

Ministerial Task Team Report on Sexual Harassment, Sexual Exploitation, Sexual Abuse and Sexual Offences within the Department of Defence A Defence Force that Cares

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