POPCRU Restore Dignity Campaign against GBV in correctional facilities
- “GBV in the world of work is one of the most important and widespread obstacles to women’s economic empowerment, autonomy and independence – and to the realisation of gender equality.” (ITUC, 2016)
- Sexual Harassment and GBVF (gender-based violence and femicide) is a product of unequal gender relations and patriarchy
- Addressing SH and GBVF requires that we address the intersecting oppressions of sexism, racism and class exploitation
- Sexual harassment and GBVF is about the exercise of power
- SH and other forms of gender-based violence stem from a social and political hierarchy that values and enforces traditionally defined toxic masculinity as an expression of power and prestige
- Harassment is a tool used to maintain the unequal position of women and other oppressed groups at work and in society
The Importance of ILO C190 on eliminating violence and harassment in the world of work
In 2019, after extended campaigns by trade unions and women workers globally, the ILO adopted Convention 190 and Recommendation 206 concerning the Elimination of Violence and Harassment in the world of work. This is the first international treaty that explicitly recognises the right of everyone to a world of work free from violence and harassment.
The Convention deliberately uses the term world of work to offer broad protection to a variety of people. C190 applies to the public and private sectors, to the formal and informal economy, and in urban and rural areas. It goes beyond a narrow conception of the workplace and includes public spaces, commuting and various spaces related to work. The Convention defines violence and harassment as “a range of unacceptable behaviours and practices, or threats thereof, whether a single occurrence or repeated, that aim at, result in or are likely to result in physical, psychological, sexual or economic harm, and includes gender-based violence and harassment.”
The Convention and Recommendation call for violence and harassment to be prohibited, prevented, and addressed in relevant law and policies as well as through collective bargaining.
C190 also recognises that Violence and harassment can occur during travel to and from work, at social events related to work, or while dealing with customers and third parties inside and outside of the physical workplace.
The Convention further recognises that there are particularly vulnerable groups of workers, including workers who come into contact with the public, such as hospitality, restaurants, health, transport and education; as well as domestic work, and those working at night or in isolated areas. Correctional facilities are particularly susceptible to violence because of the conditions that prevail.
COSATU and its unions have been highlighting the dangers of late trading and shift work for workers who end work late and do not have transport to get home safely. COSATU unions have been campaigning and bargaining for years for paid transport from employers and safe public transport from the state.
The Convention places responsibility on employers and the state to keep workers safe from violence and harassment in all of these spheres that form part of the world of work. This includes employers providing safe transport, especially for night workers. This is a campaign that COSATU and its affiliates have been pursuing for some time.
The Convention requires employers and states to:
- Prohibit violence and harassment in law
- Ensure that all relevant policies address violence and harassment
- Adopt comprehensive strategies to prevent violence and harassment
- Establish monitoring and enforcement mechanisms
- Ensure access to remedies and support for victims
- Provide for sanctions
- Raising awareness and providing education & training
- Ensuring effective inspection and investigation of cases through labour inspectorates
Protecting women officials in correctional facilities
Prison work has generally been defined as a male preserve. Women are subjected to all forms of harassment as a result of this stereotypical and prejudiced attitude.
Issues in correctional facilities that contribute to violence
- Overcrowding
- Shortage of correctional service officers
- Ineffective reporting mechanisms and procedures
South African prisons are filed beyond capacity. Some estimates are that they are 2-3 times the number of inmates for which they were built. Related to this is the need to substantially increase staff numbers.
Women warders are vulnerable to violence from multiple sources, including higher ranking officials, male colleagues and prisoners. The issue of third party violence is significant in prisons, where prison warders deal with violence from prisoner.
Prison warders need to be receive support, appropriate training and resources to deal with violence and harassment.
Protecting women prison warders against gender-based violence is crucial for ensuring their safety, well-being, and ability to perform their duties effectively. Here are some key strategies and measures that can be implemented:
1. Policy and Legal Frameworks
- We need to strengthen laws and policies that specifically address conditions in correctional facilities that contribute to gender based violence
- Zero Tolerance Policies: Establish clear, zero-tolerance policies for any form of harassment or violence against women warders, with strict consequences for violations.
2. Training and Awareness
- Comprehensive Training: Provide regular training for all prison staff on recogniisng, preventing, and responding to GBV.
- Awareness Campaigns: Conduct awareness campaigns to educate staff and inmates about the importance of respecting women warders and the consequences of GBV.
3. Support Systems
- Reporting Mechanisms: Create confidential and accessible reporting mechanisms for women warders to report incidents of GBV without fear of retaliation
- Support Services: Offer psychological support, counselling, and legal assistance to victims of GBV. Ensure that these services are easily accessible and that warders are aware of them.
4. Work Environment
- Safe Workspaces: Design prison environments to enhance safety, such as installing surveillance cameras in key areas and ensuring adequate lighting.
- Gender-Responsive Policies: Implement policies that consider the specific needs and challenges faced by women warders, such as flexible working hours and maternity leave
5. Leadership and Accountability
- Leadership Commitment: Ensure that prison leadership is committed to addressing GBV and sets a positive example by promoting gender equality and respect.
- Accountability Mechanisms: Establish clear accountability mechanisms to investigate and address complaints of GBV promptly and fairly.
6. Community and Inmate Engagement
- Inmate Education: Educate inmates about gender equality and the importance of respecting all prison staff, including women warders.
- Community Partnerships: Collaborate with external organizations and community groups to support initiatives aimed at preventing GBV and supporting victims.
By implementing these strategies, we can create a safer and more supportive environment for women prison warders, enabling them to perform their duties without fear of violence or harassment. This not only benefits the warders themselves but also contributes to a more effective and humane prison system overall.
How have trade unions addressed gender-based violence and sexual harassment in the world of work?
- Fighting for the recognition of GBV and sexual harassment in labour legislation
Trade union Federations have participated in negotiating for labour legislation, Codes of Good Practice and Collective Bargaining Agreements that recognise and address sexual harassment and gender-based violence.
Labour representatives have been actively involved in negotiating for C190 and campaigning for its ratification and pushing for full and effective implementation, and ensuring that it finds expression in labour legislation.
- Ensuring workers know their rights
Unions and worker organisations play a crucial role in educating workers about their rights and how to report cases. But this is not the responsibility of unions alone – national legislation requires employers to inform all employees of their right to workplaces free from violence and harassment.
- Speaking out Against Sexual Harassment and helping to end the culture of silence
Unions and worker organisations can create a supportive environment for women, black people, precarious and migrant workers, LGBTQI+ and others to speak out against sexual harassment and GBV.
Unions are actively engaged in campaigns for gender, social and economic justice with other social movements. This creates awareness around GBVF and the relationship between racism, economic insecurity and sexual exploitation.
- Taking up struggles against Gender-based Violence and Femicide and Participating in NSP processes
Sexual Harassment is a form of Gender-based violence, and must be taken up together with the broader struggles against GBVF.
COSATU has actively participated in the #TotalShutdown movement against GBVF which put forward 24 demands to government. These demands resulted in the development of the National Strategic Plan on GBVF in South Africa, which “sets out to provide a cohesive strategic framework to guide the national response to the hyper endemic GBVF crisis.”[1] COSATU gender representatives are participating in the various tasks teams to implement the pillars of the NSP, which include the following:
- Accountability, Coordination and Leadership
- Prevention and Rebuilding Social Cohesion
- Justice, Safety and Protection
- Response, Care, Support and Healing
- Economic Power
- Research and Information Management
- Representing and Supporting members subjected to Sexual harassment
Unions have various policies and practices in place for representing members who have been subjected to sexual harassment and GBV.
- Negotiating Policies and Agreements to Prevent, Handle Cases and Eliminate Sexual Harassment
COSATU Policy and Procedure: COSATU has adopted a policy and procedure on the prevention, handling and elimination of sexual harassment in the workplace (2015). This updated the COSATU Code of Conduct on Sexual harassment (1998) and includes guidelines for COSATU and its affiliates on definitions of sexual harassment and procedures for cases, as well as prevention strategies.
Conclusion
To address GBV in correctional facilities we must do the following:
- Address overcrowding and staff shortages
- Negotiate workplace policies, with clear, accessible and trusted reporting mechanisms
- Implement clear prevention strategies
- Put resources into monitoring and enforcement mechanisms
- Ensure that there is training and awareness-raising on workers’ right to a violence and harassment-free working environment with user-friendly procedures for addressing cases when they happen
[1] https://www.justice.gov.za/vg/gbv/NSP-GBVF-FINAL-DOC-04-05.pdf