2017 Gender Dimension of the Informal Economy in South Africa DRAFT REPORT LEAH CHIPEPA Table of Contents Page Number Abbreviations ii Executive Summary 1 Introduction 2 Methodology 4 Rational for Gender Dimension 4 Policy and Legal Environment 6 Geography of Inequality 11 Recurrent Forms of Informal Employment 13 Category of Women Workers 15 Women Pre-Dominant Sectors, Enterprises and Occupations 17 Main Decent Work Deficits 17 Specific Challenges Facing Women 18 Causal Analysis of Gender Inequalities 21 Conclusion and Recommendations 26 i Abbreviations/Acronyms AIDS Acquired Immunodeficiency Syndrome CBD Central Business District CEDAW Convention on the Elimination of All Forms Discrimination Against Women EESE Enabling Environment for Sustainable Enterprises HIV Human Immunodeficiency Virus ILO International Labour Organisation IPAP Industrial Policy Action Plan MTSF Medium Term Strategic Framework NDP National Development Plan NGP National Growth Path NIBUS National Informal Business Upliftment Strategy UNAIDS United Nations Programme on HIV/AIDS SADC Southern Africa Development Community TB Tuberculosis ii 1. Executive Summary This report is the output of a review of the gender dimension of the informal economy in South Africa. It consolidates two reports; 2015 first GAP Analysis on the Legal and Policy Environment and the Enabling Environment for Sustainable Enterprises (EESE) study; by examining the gender dimensions of informality in South Africa to provide a comprehensive and complete picture of informal economy environment in South Africa. The report makes the case for prioritization of gender equality and mainstreaming gender in interventions, examines the gender dimensions of informality and brings out the geography of gender inequality in the informal economy: urban and rural areas; metropolitan and township areas. The report also looks at the recurrent forms of informal employment. The report identifies 4 categories of women workers in the informal economy i.e. girls 15 to 19 years old; young women 20 to 35 years old, female-headed households and women with family responsibilities to classify the areas of activities they are engaged in. Women predominant sectors, enterprises and occupations are also identified including the main decent work deficits. The report also looks at risk factors faced such as HIV/AIDS and violence in the informal economy that disproportionately impact on women. Challenges that are specific to women are highlighted which include: legal and regulatory constraints, exclusion from policy processes, unfair competition, sexual harassment, lack of access to credit/finance, lack of financial literacy, and the lack of ownership and control of land, all which hinder women’s effective participation in economic activities. The report provides a causal analysis of gender discrimination in the informal economy to unravel the immediate and underlying causes of discrimination and inequalities. In this regard, five areas are analysed that contribute to women’s vulnerability in the informal economy such as: level of education and high illiteracy; health status, poverty, voice and representation, and access to credit. Finally, the report makes specific and gender focused recommendations on ways and means of mainstreaming gender, and ways of addressing the strategic needs of women working in the informal economy. The methodology employed in the assessment included: a review of literature on the informal economy in South Africa and the reports of the GAP analysis and ESSE study, review of global, regional and sub regional documents on the informal economy and consultations with relevant ILO staff. Based on the findings, six specific and gender focused recommendations on ways and means of mainstreaming gender as well as six recommendations on women’s strategic needs in the informal economy. Specific and gender focused recommendations include: (i) Addressing gender and gender in the informal economy; (ii) Conducive legal and policy environment; (iii) Increase in productivity of women’s informal economic activities; (iv) Formalisation of the informal economy; (v) Reduction of decent work deficits for women; and (vi) Integration of HIV and TB. Women’s strategic needs recommendations include: (i) alleviation of the burden of domestic labour and child care; (ii) improving access to capital for women; (iii) promoting women’s agency, voice and representation in policy formulation processes; (iv) providing social protection; (v) promoting financial autonomy; and (vi) removal of institutionalized forms of discrimination to land, property or access to credit and financial services 1 2. Introduction (i) Brief Background of Objectives and the ILO Approach Promoting decent work in the informal economy and facilitating transition from the informal to the formal economy through appropriate policies and programmes is one of the key priorities outlined in the SADC Decent Work Programme (2013-2017) adopted by the SADC Ministers and Social Partners responsible for Employment & Labour. This commitment by member states at the sub-regional level was echoed at the African Union Assembly in 2015 where African Heads of State reaffirmed their willingness through a Declaration to speed up the transitioning of the informal economy to the formal economy and to promote decent work in all economic activities. A similar commitment by African Heads of State as members of the AU is reflected through their adoption of the Ouagadougou + 10 Plan of Action that seeks among others to ensure progressive formalization of the informal economy and to extend social protection coverage to the informal economy, including categories of workers who are often excluded. At the global level, African member states, including the Social Partners, further reaffirmed their commitment to address the challenges of informality through their collective adoption (as ILO member states) of a new instrument. In June 2015, the International Labour Conference adopted the Transition from the Informal to the Formal Economy Recommendation (R204), a new labour standard of strategic importance to the world of work as it concerns half the workforce worldwide and more than three quarters of non-agricultural employment in Sub-Saharan Africa. This is the first international labour standard to focus on the informal economy in its entirety and to point clearly in the direction of transition to the formal economy as the means for realizing decent work for all and for achieving inclusive development. Of universal relevance, the Recommendation acknowledges the broad diversity of situations of informality among workers and economic units and provides guiding principles and policy guidelines to facilitate the transition from the informal to the formal economy which. The commitments expressed at the sub-regional, regional and global level towards tackling challenges of informality are also echoed at country level as reflected through DWCP priorities of several countries in the sub-region including South Africa and Swaziland to mention a few. The Recommendation No. 204 invites members to design coherent and integrated strategies to facilitate the transition from the informal to the formal economy and recognizes the need for tailored approaches to respond to the diversity of situations and the specificity of national circumstances. This calls for coherence and coordination across a broad range of policy areas, and for a balanced approach combining incentives with compliance. This calls also, in the early stage of the process, for the establishment of a good diagnosis of the informal economy at the national level. Such a diagnosis is required for the production of quantitative analysis, based in particular on statistical data, and more qualitative work to assess, among others, the factors that drive the informalization process and to identify opportunities that may help to facilitate transition to formality. By necessity, this diagnosis must mainstream gender and clearly highlight the gender dimensions of informality and pin point the geography of gender inequality in the informal economy. it is required for the design and implementation of laws and regulations, policies and other measures aiming to facilitate the transition and is also a critical contribution to help countries to determine priorities in terms of sectors, groups of enterprises, groups of workers, policy areas and transversal drivers to focus their interventions. (ii) Purpose and Scope of Assignment The objective of this assignment is to consolidate the two reports; 2015 first GAP Analysis and EESE study; by examining the gender dimensions of informality in South Africa to provide a comprehensive and complete picture of informal economy environment in South Africa. The report will: 2 examine the gender dimensions of informality and bring out the geography of gender inequality in the informal economy. make the case for prioritization of gender equality and mainstreaming gender in interventions. make specific and gender focused recommendations on ways and means of mainstreaming gender and highlight the strategic needs of women working in the informal economy. The report will cover the following: I. II. III. IV. V. Gender dimensions and the geography of gender inequality of informality in South Africa. This includes: The identification of the most recurrent forms of informal employment that women are engaged in; The identification of categories of women workers, such as young women, female headed households, young mothers and older women with family responsibilities. The type of sectors, enterprises and occupations where women are pre-dominate and the specific forms of informality in which they are engaged in; Identify the main decent work deficits and other risks faced by women workers and economic units in the informal economy. Identify the strategic gender needs of women working in the informal economy. A review of the legal and regulatory frameworks, of institutions and coordination mechanisms, including the NDP, NIBUS, EESE gap analysis and any other relevant reports if any and how they take account of gender or enhance the transition to formality from a gender lens. The case for prioritization of mainstreaming gender in informality and as well as efforts for transitioning to formality and make specific recommendations for the reduction of decent work deficits for women and for enhancing women’s productivity in the informal economy. The analysis of micro level determinants of informality such as the level of education, health status, discrimination, poverty, voice and representation, access to credit, business skills, economic services or to markets. Among these different factors of informality, assess notably to which extent HIV and TB intersects with informality, as well as make recommendations for integration of HIV and TB in efforts for transitioning from informal to formal economy. (iii) Output Production of the draft of the diagnostic report and for its revision according to inputs gathered during the national multi-stakeholders’ validation workshop and according to the ILO comments. (iv) Context of the Assignment In South Africa, there has been increasing attention for the role of the informal sector and of the informal economy. Thus, the South Africa’s 2013 social and economic blueprint, the National Development Plan (NDP) targets for job creation in the SME sector depend on the creation of a business environment that enables the growth and sustainability of existing small businesses, and the formation and formalization of new, sustainable enterprises to prosper. The 2014 National Informal Business Upliftment Strategy (NIBUS) is another example. Following the adoption of Recommendation 204 in 2015, a first GAP Analysis - A Rapid Assessment of the South African Policy and Legislative Environment against Provisions of Recommendation 204 has been undertaken as well as an assessment report on; Creating an enabling environment for sustainable enterprises in South Africa. Results from both studies — the Gap analysis regarding the provisions of R204 and the Assessment report of the enabling environment for sustainable enterprises — will contribute to the broader diagnosis of informality in South Africa. However, both reports needed to have a stronger gender analysis. In addition, informality is surrounded by vulnerabilities including gender inequality; lack of access to; social protections, economic and health services. Such vulnerabilities put a greater strain on the poor especially those infected by TB or living with HIV as these conditions affect their productivity and income 3 and pushes them deeper in poverty. In 2015, South Africa recorded 7million people living with HIV, with about 4million women of which 19.2% were adult (UNAIDS 2015). It is also estimated that more than 60% of people living with HIV also have TB, which when untreated can cause emotional and financial burden on the individual, their business and their families and may even lead to death. 3. Methodology The methodology employed in the assessment included: a review of literature on the informal economy in South Africa and the reports of the GAP analysis and ESSE study, review of global, regional and sub regional documents on the informal economy and consultations with relevant ILO staff. 4. Rational for Gender Dimension in Informal Economy Over the last decade, globally, the informal economy is providing relief to millions of households as an alternative source of employment and livelihood. In South Africa, like elsewhere in the developing world, women in the informal economy are disproportionately impacted because of gender discrimination and inequality. They are generally segmented into jobs that do not have access to legal and regulation of employment conditions and are particularly concentrated in “invisible” areas of informal work, such as domestic labour, piece-rate homework, and assistance in small family enterprises, which offer precarious employment status. Women also experience low pay or no remuneration, little or no access to social security and maternity protection, and they have limited ability to organize to ensure the enforcement of international labour standards and human rights. The South African Constitution is very progressive and sets a very high standard for the protection of women but the reality of the status of women in the economy does not match. So, the issue of the gender dimension in the informal economy becomes important. Major international human rights instruments recognize the protection and promotion of equality between women and men as fundamental concepts. The Convention on Elimination of all Forms of Discrimination against Women (CEDAW) (1979) makes the case for gender equality and women’s empowerment. CEDAW calls for equality of outcome and not just equality of opportunity. This means that all necessary steps must be taken to equip women with skills and knowledge so that they can fully enjoy equality. The adoption of the Beijing Platform for Action in 1995, set out a bold agenda for advancing gender equality and women’s empowerment. In 2015, the adoption by the United Nations of the 2030 Agenda for Sustainable Development reaffirmed the universal consensus on the crucial importance of gender equality and its contribution to the achievement of the 17 Sustainable Development Goals. Accordingly, all the new goals articulate gender-responsive targets and, among them, Goal 5, remains a stand-alone Gender Goal. In this way, the new UN development blueprint places gender equality and women’s economic empowerment at the core of this transformative sustainable development agenda. The International Labour Organisation (ILO), provides a solid international basis for gender mainstreaming in the world of work including the informal economy. ILO has designated specific Conventions that aim to promote gender equality in the labour market; Conventions Equal Remuneration Convention, 1951 (No.100); Discrimination (Employment and Occupation) Convention, 1958 (No.111); Workers with Family Responsibilities Convention, 1981 (No. 156); Maternity Protection Convention, 2000 (No.183) and Domestic Workers Convention, 2011 (No.189). They are designed to cure women’s disadvantage and promote gender equality. To address the decent work deficits that beset the informal economy, ILO, at its 104th Session in 2015, adopted the standard setting Recommendation 204 (R204), to facilitate the transition of the informal to formal economy and to offer guidance to member states on how to facilitate the transition. The ILO constituents in South Africa (both government and social partners) played a key role in the drafting of 4 Recommendation 204, with the South African government leading the Africa group on the Informal Economy Committee. The African Union Protocol on Human and Peoples Rights on the Rights of Women in Africa and the Unions Declaration on 50/50 gender parity in decision making are commitments by member states to eliminate gender inequality. Recognizing that women have been left out in the margins, thus perpetuating gender equality, the African Heads of State and Government declared 2015 as the Year of Women Empowerment and Development towards Africa’s Agenda 2063, as one of the seven aspirations of this Agenda. The Declaration specifies that all transformative development must benefit women and men, girls and boys alike. At sub regional level, the Southern Africa Development Community (SADC) in 2008, signed a Gender Protocol. The Protocol is a unique sub-regional instrument that brings African and global goals on gender equality and enhances these through targets and time frameworks. The over-arching objective is 50/50 gender parity. South Africa’s Constitution has enshrined the protection of citizens to equality, equal treatment, and rights to fair Labour practices, and rights of access to social security including social assistance, freedom of expression and association. The Constitution recognizes the need to ensure a detailed understanding and analysis of the specific and distinct needs of women and that:” unless these specific needs and disadvantages are addressed, through the kind of legislative, affirmative or corrective or other measures provided for in the section 9 (2) of the Constitution and in other legal frameworks, it will be impossible to level the playing field for the achievement of effective gender equality.” South Africa still has some way to go to realize these rights. As a signatory to the International Labour Organization (ILO) Conventions, South Africa is obliged to implement good practices in labour standards such as the Decent Work Agenda whose primary goal is to promote opportunities for women and men to obtain decent and productive work in conditions of freedom, equity, security and human dignity. South Africa has also ratified all the eight core ILO conventions that apply to workers operating both in the informal and formal economy. These conventions afford protections to the rights of vulnerable segments of the population and relate to the following; freedom of association and the right to collective bargaining; the elimination of all forced or compulsory labour; the abolition of child labour; and the elimination of discrimination in employment and occupation. South Africa’s challenge lies in ensuring that they are effectively applied and enforced in the informal economy, and that gender equality is promoted. In 2014, South Africa developed a National Development Plan which like other development programs recognizes women as a specific group and proposes measures targeting them. However, the plan does not address gender discrimination and inequalities that are inherent in South African society to promote gender equality such as: ownership and control of productive resources for the majority of South African women, over-representation of women in low paying jobs, women’s triple roles that impact on women’s employability and lack of recognition of women’s unpaid labour. Therefore, the triple challenges of unemployment, poverty and inequality continue to disproportionately impact South African women. While South African labour law and policy applies to all workers in the labour market, labour legislation does not afford adequate protections to some vulnerable workers in the informal economy, particularly those who are not in a clear employment relationship such as home-based workers who are pre-dominantly women. Studies show that employers treat home-based workers as if they were self-employed and therefore do not contribute to their social protection, and that these workers are often totally dependent on a single enterprise or employer for their equipment, raw materials and orders. Hence, there is need to consider the gender differences of women and men’s jobs that do not have access to legal and regulation of employment 5 conditions and the gendered “invisible” areas of informal work because gender differences in informal activities, often reflect gender stereotypes and socialization whose underlying cause is patriarchy. Patriarchy supports women’s subordination on the one hand and male power on the other. Women remain concentrated in “invisible” areas of informal work, such as domestic labour piece-rate homework, and assistance in small family enterprises, which offer precarious employment status, low, irregular or no remuneration, little or no access to social security or protection, and limited ability to organize to ensure the enforcement of international labour standards and human rights. Other factors such as certain cultural norms and practices, religion, negative impact of globalization, poverty, HIV and AIDS, and violence against women, have adverse impact on women’s participation in the economy, as whole and in the informal economy, in particular, where decent work deficits are paramount. Other challenges that women face which limit their potential for growth in the business world, include; policy gaps, lack of an enabling environment, sexual harassment, low education levels and lack of business skills, lack of access to credit, land and property, poverty and inequalities, low income generation enterprises and jobs which result in the perpetuation of some stereotypes and practices that continue to systematically discriminate against women and impedes efforts to empower them. Women’s triple roles (productive, reproductive and community managing) in South Africa affect their participation in the informal economy. The way the roles are valued affects the way women and men set priorities in their lives including their participation or non-participation in programmes or projects. Not taking into consideration of these roles can make or break women's chances of taking advantage of development opportunities. The lack of gender mainstreaming which is evident in South Africa’s development programmes1 shows that women’s triple roles have not been taken into consideration in the formulation of projects/programmes. Consequently, women continue to engage in “female traditional areas” that are not only survivalist but also stereotypical and dictated by socio-cultural norms: food preparation, sewing, handicrafts, selling groceries and running crèches, and for which remuneration is low or unpaid family labour. Men on the other hand, will be in the activities that attract skills, such as artisan work, heavy investment, high income earning and technological based and their businesses have potential for growth. This diagnostic report aims to highlight the gender dimensions of informality and pin point the geography of gender inequality in the informal economy. 5. Policy and Legal environment The relationship between law, regulations and their impact on informality is a key policy issue. Three types of legal and institutional frameworks are of importance: labour legislation, business regulations and legal frameworks which secure rights to property, title assets and financial capital. All these three areas have a gender dimension which must be taken into consideration because of the gender differential of their impacts. This is essential for enabling both men and women towards formalization. Gender sensitive labour legislation, regulation and legal framework are critical to promoting gender equality between women and men in the informal economy in South Africa. Gender sensitivity entails undertaking analyses that expose the disparities and systemic inequalities (most often faced by women) and the different conditions that women and men face, and the different effects that policies and programs may have on them because of their situations. This is essential because the informal sector serves as a point of entry to the formal sector, and gender issues that disadvantage women, need to be taken into consideration 1 The Status of Women in the South African Economy:2015 6 and addressed, through specific measures targeting women and gender mainstreaming to facilitate women’s transition to the formal economy. Labour Relations Act (66 of 1995) South Africa has a relatively strong policy basis for the promotion of the rights of vulnerable segments of the population to access decent work and employment. Formulated within the framework of the Constitution, the national labour legislation has sought to promote and protect the rights of workers. Amendments to the labour legislation demonstrates national commitments to eliminate poverty through the promotion of decent work and employment in accordance with ILO Conventions ratified by the country. (i) Amendment of various pieces of labour legislation including the Labour Relations Act, and the Basic Conditions of Employment Act seek to strengthen protections afforded to workers, particularly those working in vulnerable sectors of the economy and who are often subject to unacceptable conditions of work. However, recent amendments to the Labour Relations Act do not make explicit reference to women as a group that is disproportionately affected by decent work deficits in vulnerable sectors of the economy. A failure to address the gender dimension is likely to result in non-implementation of employee protective measures stipulated in the ILO Decent Work Agenda as well as Recommendation 204 which explicitly advance gender equality, prohibit gender discrimination, advocate maternity and social protection, and promote protection of workers with family responsibilities discrimination. (ii) Small Business Act 71 of 1991 The Act has a Small Business Council with an advisory role to the three spheres of government and no provisions are made to outline what duties and responsibilities will fall on each sphere. This can be an opportunity to include responsibilities for gender mainstreaming when drawing up the duties and responsibilities. This will ensure accountability for gender equality promotion within the Council. In addition, leaving the interpretation of the powers and performance of such duties to the Council to determine what is “necessary reasonably for or incidental to the performance of representing and promoting small business interests”, implies that women and men interests will be equally represented and promoted whereas the opposite is also possible. Socialization allocates men the role of entrepreneur and the same is not necessarily applied to women. This suggests that women’s business interests and the barriers they face risk not being taken into consideration and the result will be inequality of benefits between women and men. For instance, the gender differences in access to finance for business start-ups, along with the use of profits from the business if not considered as disadvantages that need to be addressed to level the playing field, the gender gap between women and men will widen and affect the survival, size and growth of the enterprise. Thus, women’s interest in this regard will better served through addressing the gendered access to finance and growth of the business; business skills and also an environment that enables women obtain “non-labour” resources (e.g. land, property and other assets). (iii) White Paper on the National Strategy for the Development and Promotion of Small Business in South Africa The White Paper recognizes women-owned enterprises as one of the special target groups to ensure interventions address women’s empowerment and gender equality. Targeted interventions address women specific issues, on the other hand interventions that are gender mainstreamed, which is what is missing National Strategy, entails bringing the perceptions, experience, knowledge and interests of women as well as men. The lack of gender mainstreaming in the National Strategy suggests the absence of an analysis of issues and formulation of policy options not informed by a consideration of gender differences and inequalities. Thus, opportunities seeking to narrow gender gaps and support greater equality between women and men, are likely to be missed. This implies that gendered constructs, roles and power relations 7 which perpetuate gender discrimination and inequalities in the informal economy will continue to affect women disproportionately. Social norms will continue to condition which activities, tasks and responsibilities are perceived as appropriate to males and females respectively in the informal economy. This means women in South Africa will remain in low earning survivalist activities. The lack of a gender perspective can widen the gender gap that does not recognize women’s unpaid labour in time use, where females in South Africa according to Time Use Surveys spend nearly six times as much time on average caring for people within households compared to males. This holds important implications for their labour force participation and requires special measures targeting women strategic needs to increase their labour force participation through the provision of state childcare-related services that would give women more options of how they engage in informal employment i.e. home-based work or not. Another measure is for society to find a more equitable gender-distribution of unpaid work through changed social norms regarding the distinction between women’s work and “men’s work in the home. This requires awareness and sensitisation campaigns by all stakeholders. (iv) New Growth Path 2010 (NGP) The NGP is the basic document that guides the Government’s future policy decisions to place South Africa on a “healthier development path from now heading towards 2030”. The NDP is the vehicle which will address poverty, unemployment and inequality. Overall, the NDP is gender blind. This implies that the NDP has ignored or failed to address the gender dimensions of poverty, unemployment and inequality. In South Africa, there is abundant evidence of feminization of poverty; unemployment is higher for women in comparison to men and social norms perpetuate gender discrimination. The plan in its current form is a missed opportunity to set the pace and guide future policy formulation on the need to address women’s socio-economic empowerment and gender equality. The NGP describes women as a vulnerable homogenised group, with no reference to their diversity. This contrasts with the Constitution that recognizes diversity of people who live in the country. This is important because women are not homogeneous but diverse and so their needs and solutions should reflect this diversity. For instance, rural and non-urban females are relatively worse in terms of poverty than their urban counterparts because they live in areas deprived of infrastructure, they have a greater burden. They spend more time on household tasks due to lack of infrastructure and related services in their communities. Most difficulties women face in terms of lack of infrastructure include: energy, transport, water and sanitation, with the implication that time is inefficiently spent collecting fuel, fetching water, cooking and walking long distances for resources. This adds to the challenges of promoting the role of women in the economy whether formal or informal. Under the section on the informal sector, NGP states it will strengthen and consolidate initiatives to support small and micro enterprise, with a comprehensive strategy laid out by early 2011. The measures listed will not address the needs of informal women traders as they are addressing “labour-market policies left by apartheid, which shaped racially based inequality and exploitation.” South African women suffer the triple oppression of gender, class and race. Gender is not mentioned in these apartheid labour-market policies even though apartheid also shaped gender-based inequality and exploitation, and its legacy remains.2 Consequently, to address apartheid’s past policies, government’s focus has been primarily on getting women into managerial and top positions, ignoring issues of equity for the large numbers of women employed in lower status occupations. To address women’s needs in the informal economy, improving the policies and practices of local governments in relation to street traders, is important because women are 2 Make your voice count on Gender and the New Growth Path, Gender Links:2011 8 over-represented. The relationship between the local authorities and the traders is often tense because traders view the by-laws as being restrictive and punitive against traders. On the other hand, authorities view traders as a nuisance on the streets who promote lawlessness. The Plan under Public works employment programmes which are referred to as an essential element of Government’s employment strategy in the NDP, some of these have prioritised women as beneficiaries hence providing some form of income relief for women. However, as noted by the Commission of Gender Equality (note 2012), no measures have been put in place to enable women-headed businesses to enter the formal economy, such as tendering for municipal services and there is no associated business training or capacity-building measures associated with these temporary employment programmes. The provision of such measures if targeted at women can help redress their historical disadvantages. The NDP also makes no recognition of women’s contribution to the economy through unpaid domestic work, child care and home-based care for the elderly and persons with disabilities. The lack of recognition and non-costing of women’s unpaid labour and the absence of measures to enable women participate in income-earning activities, excludes them from productive activities while they subsidize the care economy through the provision of “free labour.” (v) The Medium Term Strategic Framework (MTSF) 2014-2019 The MTSF sets out actions Government will take and targets to be achieved between 2014 and 2019. It also provides a framework for the other plans of national, provincial and local government. The framework is almost completely gender blind. It makes no explicit reference to gender throughout the document though it is implied in decent work. South Africa has a National Strategic Policy Framework for Women’s Empowerment and Gender Equality (2000) that guides gender mainstreaming efforts in South Africa’s legislations, policies and programmes to ensure the effective achievement of other political, social and economic goals. The absence of gender mainstreaming in the MTSF suggests that women and men will benefit equally, however, evidence shows that governance and institutions are shaped by patriarchy which affects the way policies and programmes are designed hence they impact women and men differently with women being disproportionately impacted. The strategic framework makes assumptions about the aggregate terms: “black industrialists and enterprises” households, smallholders, rural enterprises etc. These are gendered terms which societal norms often associate with the male figures. This implies that women are likely to be “invisible” in these aggregate terms and their needs and interests may not be considered. Studies show that “people” respond to issues in gender-specific ways because gender is a major influence on their perceptions or access to resources, responsibilities and alternatives and that resources are not necessarily distributed equitably among household members, nor is there equitable decision making about the use of these resources. Ignoring these factors may result in misleading analyses of issues or inaccurate assessments of likely policy outcomes. Some measures targeting women are cited in the framework to address women’s historical disadvantages in the section on “Expanded opportunities for historically excluded and vulnerable groups, small businesses and cooperatives”. The government will continue to broaden the base of black economic empowerment, for example through promoting more employee and community share ownership, with an emphasis on empowering youth and women. It is important to promote women’s agency so that they influence the process of changing the patterns of ownership and control. Women must be agents of change and leaders in the development processes that shape their lives. 9 (vi) The National Informal Business Upliftment Strategy (NIUBUS) The NIUBUS was launched in 2014 and is the first national policy on the informal sector post- apartheid. This is currently being implemented through the NIBUS road map. Overall, the NIBUS shows commitment to gender equality throughout the document. One of the guiding principles informing the process is rights based programming and protection of the vulnerable, including gender mainstreaming – a developmental focus on gender. Assumptions informing the process include women, youth & persons with disability who are disproportionately impacted by the most serious decent work deficits in the informal economy. NIUBUS’ commitment from the onset of the process, ensures that concern for gender equality is brought into the ‘mainstream’ of activities rather than dealt with as an ‘add-on’. This approach guarantees that an assessment has been undertaken of the different implications for women and men in the policy action, given that there are gender differences and inequalities and it cannot be assumed that women and men will have equal opportunities for participation or will benefit equally from development inputs. NIBUS gives special attention to women and other vulnerable groups to ensure that initiatives are not presumed to affect all people in the same manner, as this could unintentionally increase gender inequality. NIBUS acknowledges that impact level indicators for the success of implementation include: gender, youth and issues of addressing HIV/AIDS should be mainstreamed into informal upliftment development and support programmes and interventions. The inclusion of indicators measuring of gender, youth and HIV / AIDS will assist in measuring change. This is important because what is to be measured, is more likely to be prioritized and evidence gathered against indicators, can help to make the case that gender issues should be taken seriously. Indicators can also be used to: enable better planning; actions to be identified; as well to hold government accountable for its their commitments to gender equality in the NIBUS. However, a challenge for NIBUS is sex-disaggregated data, which the Department of Trade and Industry (DTI) will need to cooperate with other sectors to ensure that all data is disaggregated on sex, race, class and other disadvantaging factors. (vii) Enabling Environment for Sustainable Enterprises The EESE (2016) is almost completely gender blind. The EESE refers to gender in two places in the entire document i.e. when referring to the South African Constitution, and the Gender Inequality index. “Women” on the other hand, are referred to extensively under the social justice and social inclusion section which corresponds with societal norms that relegate women to the service sector or feminine sectors. This gendered divide suggests that there is a separation of the economic and the social issues. Such a separation has many negative effects on women within the policy arena, with women’s issues often relegated to underresourced and under-prioritised social policy. The seems to suggest that women are not dynamic economic agents but rather are passive recipients in need of assistance. ILO3 regards separating the economic and the social as lending itself easily to perceptions that equality is a luxury of higher income economies or even that equality can be counter-productive because of short term costs. The EESE emphasizes that the promotion of small and sustainable enterprises is a key strategy for generating decent and productive employment for women and men, but omits the fact that women’s entrepreneurship can make a particularly strong contribution to the economy and society. In this regard, it is important to recognise that because women in South Africa face gender-based and systemic barriers to starting and growing their businesses and they tend to be overrepresented in micro enterprises, in low growth sectors, a gender-blind assessment is unlikely to address women’s barriers and their potential will remain unrealized. 3 Guidelines on Gender in Employment Polices, ILO: 2009 10 Barriers such as: lack of financial literacy and information; access to credit; burden of unpaid work; access, ownership and control over land, and property reduce women’s employability and constrain their ability to participate on their own terms, restrict options available to them and limit the likelihood of utilising their full potential. Though some of these barriers may be addressed through legislation, enforcement remains a challenge. However, some of these barriers are the manifestation of attitudes, assumptions, norms and traditions that unfairly impact on women and girls, require mindset change. The EESE highlights three dimensions of gender inequality: reproductive health, empowerment and labour market participation. Reproductive health is measured by two indicators: the maternal mortality ratio and the adolescent birth rate. Empowerment is measured by the share of parliamentary seats held by women and the share of population with at least some secondary education. Labour market is measured by participation in the labour force. While these dimensions are important, others that are key from a policy perspective and impact on women’s participation in the economy include: access to credit, land and property; poverty, and unpaid work4. 6. Geography of Inequality Gender inequality in South Africa is experienced within multi-dimensional intersection of social positions such as; age, race, sexuality, wealth, educational, social status, spatial (rural/urban, CBD, township, informal settlement), migration status, care responsibilities and marital status; power and gendered assumptions that constitute a geography of inequality. The intersections of social positions with gender, produce gendered outcomes which result in gender discrimination and inequalities in social, political, professional and economic life. In the informal economy, the geography of gender inequalities has a major bearing on: the success of failure of a business; determines product or services individuals engage in; access to credit, finance, land, property; access to financial literacy; access to technology; access to infrastructure; and access to information and markets. (i) Urban informal economy Street trading is a survivalist activity that has become an inherent part of the urban informal economy and it is mainly women that operate as street traders. Women tend to be at the poor end of street trading as independent traders who rarely employ others so they rely on family members to assist with selling on the street and in many cases young children sell alongside the mother. Child rights represent a major gender issue given the disproportionate involvement of young girls in unpaid work. Women street traders endure harsh physical environments, limited or no infrastructure, no shelter, or access to water and ablution facilities, no child care facilities, poor sanitation, and a lack of storage facilities, this constitutes a gender issue. Women have specific needs due to their reproductive and community managing roles. The urban informal is gendered as evidenced by the goods and services sold. Women sell fresh produce, clothing, cosmetics and food. This suggests that women keep to businesses that are social norm driven and considered traditionally to be “female” whose earnings tend to be low. Firms with the largest profits are male-owned (e.g., tombstone/coffin manufacturing, auto repairs, printing, and machine production), firms that, not surprisingly, involve the largest investments in technology, workforce size, and industrial estate locations. These enable men to borrow from commercial banks and remain viable. Male street venders mostly sell non-food items. Studies show that male street traders though they spend less time selling on the street, they earn more than their female counterparts who spend more time selling, resulting in women being unable to grow their businesses and unlikely to accumulate funds to enable them 4 The Status of Women in the South African Economy: 2015 11 acquire assets. In addition, because women have limited skills and start-up capital, produces a situation in which women in low-income neighbourhoods are forced into similar ventures which drive prices and profits down. The “discouraged worker effect” which this produces can result in women dropping out of the labour force altogether5. (ii) Rural informal economy Informal agricultural employment is largely rural-based where women constitute most of the casual, piecerate, seasonal labourers due to lack of opportunities in rural areas where economic activities tend to be low. South African women living in rural areas face high unemployment rates and limited opportunities to income-earning activities. Women’s lack of opportunities in the rural has historical roots of the apartheid era where women were restricted to Bantustans which were impoverished and undeveloped. Though these areas have seen some levels of development, challenges remain such as: the lack of: infrastructure such as energy, transport, communication, water and sanitation, adequate health services, training and education. The inequalities in service provision to rural areas impacts women disproportionately. This gendered outcome contributes to women’s lack of equal access to loans and credit for farming, marketing and technology, equal treatment in land and farming reform and widens the gender gap between female and male time spent on productive activities. Socio-cultural norms in rural areas perpetuated by patriarchy increases women’s burden. Unlike their urban counterparts, women in rural areas spend a large percent of time on collecting firewood, and water, walking long distance to access health services, as well as undertaking unpaid care work, contributing to an unequal burden between women and men. Women in rural areas are dependent on land for survival. Women in South Africa own less than 15% of land. There is a significant gender gap in land ownership because of women having limited participation in local and traditional administration structures and the lack of land being allocated to single women.6 Women who practice small farming and small informal enterprises with limited control over resources and limited decision-making power in households, are the least attractive group for investors as they combine several risk factors.7 Social protection deficit also tends to be severe for women in rural area because of not only of their low status jobs and income insecurity, but also because of the greater likelihood of their being exposed to serious occupational safety and health hazards. note” 8 Women agricultural workers, are among the most vulnerable and unprotected groups of workers. (iii) Metropolitan Areas Informal workers earning a living in metropolitan areas operate under local economic development policy zones, which are often criticized for being complex to be understood by the traders. This has a gender implication because most South African women informal workers are illiterate and have low level skills. Thus, the by-laws governing informal work, often are not understood and result in tension between traders and municipalities. 5 The Status of Women in the South African Economy:2015 6 ibid 7 Improving Access to Land and Strengthening Women’s Land Rights, UNECA:2013 8 Statistical Definition of Informal Employment, ILO:2002b 12 Metropolitan traders face other challenges: (i)they often suffer from goods being confiscated. This leaves traders, especially women, with no money to restock goods for sell thus denying them a source of livelihood, (ii) authorities with no warning impose fines for trading in specific areas, and (iii) local government services and infrastructure are not designed to cater for informal workers needs but for those in the formal economy even though the needs of both formal and informal enterprise, are essentially similar. Both need secure space, with transparent agreements for access to it and which comes with a known and reliably delivered set of services such as lighting, water, toilets, garbage removal, security and storage. These decent work deficits pose additional challenges to women, not only for their activities but also to women’s specific health needs and reproductive functions. (iv) Township informal Economy Home based work is a major feature of the township informal economy. Most women in South African townships engage in one form of informal work or another that is located at home or close to home because of not only their spatial setup but also because it suits their needs i.e. reproductive and community managing roles. Women can look after their families, take care of children and undertake their domestic chores while at the same time they engage in their productive work. Home-based workers engage in activities that range from producing their own goods for sale, (designing and manufacturing clothes, food catering and craftwork), cardboard collecting (collection and selling of waste cardboards)9. An ILO (2000) study cautions the potential conflicts in the use of dwellings for economic activities, especially given tendencies towards high levels of overcrowding in slum housing and men’s greater power to determine the allocation of space (as well as resources) within the home. A significant number of studies have documented the social constraints on women’s ability to work away from the home, the costs of travelling to and from work, especially where women who live in peri-urban communities. In this respect, the availability and value of urban infrastructure such as services, transport are crucial from a gender perspective. Benefits can accrue to women in home-based enterprises, allowing them to reconcile paid and unpaid work (e.g. child care, domestic labour), improving their flexibility, reducing overheads (e.g. saving on rent), and reducing expenditure of time and money on travel to work. 7. Recurrent forms of informal employment There are several reasons that are advanced that steer women towards a form of informal employment, which highlight the gendered nature of the informal economy. These are: (i) family responsibilities because women working in various activities in the informal economy care for their children themselves, where children can accompany them; (ii) Traditional and cultural views persist that care giving is the responsibility of the mother to manage privately without the assistance of their extended families or domestic workers; (iii) The lack of affordable and accessible community services, public or private childcare and family services and facilities; (iv) The flexible hours work hours that enable women to fulfil household chores; (v) Activities build on traditional domestic skills and which can be performed at home, while carrying out domestic duties; lack of skills and training; and (vi) sociocultural norms that determine categories of activities that female and male. (i) Home-based workers This is the most recurrent form of informal employment in South Africa, though they are the most invisible informal workers. Women home based workers often identify themselves as “not employed” or as “housewives” even though women spend long hours a day earning income to support their families. Homebased workers are generally characterized as self-employed or independent workers and women are more 9 Women Street Traders in Urban South Africa: 1995 13 likely to be found in the traditional sectors, for example in the clothing and textile industries, and food industry. Studies show that very few work as contract employees or piece rate workers so they are assisted mainly by family members or sometimes recruit assistants. According to Budlender (1995), to a very large extent this type of work is undertaken “not out of choice”. She also asserts that in South Africa home-based work is characterized by gender, class and race. It is most prevalent amongst African South African women, particularly women in low income groups in both rural and urban settings. This type of work is often described as “survivalist” generating a low income. Women are forced to undertake this type of work because of the need to survive and provide for their families. (ii) Street vending Street vending is a dominant activity in South Africa. Vendors are an integral part of the urban economy. Africa. They offer easy access to a wide range of goods and services in public spaces. Women comprise the majority of vendors. They sell everything from fresh vegetables to prepared foods, clothing and crafts. Most street vendors provide the main source of income for their households. They source their goods from formal enterprises thus they maintain strong linkages to the formal economy. The form of employment has low barriers to entry, limited start-up costs, and flexible hours are some of the factors that draw South African women to the occupation. Women face a lot of competition from among themselves or from among the male vendors for space and access to customers. Though street vending can offer a viable livelihood, earnings are low and risks are high for many vendors, especially those who sell fresh fruits and vegetables, who tend to be women. Other challenges faced include, having an insecure place of work, lack of storage, theft or damage to stock. Bylaws governing street trade are sometimes said to be confusing and licenses hard to get, leaving many street vendors vulnerable to harassment, confiscations and evictions. Gender issues of vending include; lack of water and sanitation, lack of child care facilities are conditions that affect women disproportionately in this employment. (iii) Retail Trading The retail sector, is also thriving due to the demand created by the less affluent households, whose household needs are for simple and affordable products that are supplied by the informal sector. Under this form of employment are the spaza or tuck shops which operate from a residential stand or home. Survey findings show that most spaz owners are male in the 25 to 49 age group. This suggests that entry to spaza businesses are move favourable to males whilst they inhibit females. Most entrants into the sector are often motivated by the business owners’ choice to start their own firm. Few business owners join an already existing business, which is evidence of some form of family business. A survey conducted on Spaza owners (A.A. Ligthelm:2016), found that most owners were unemployed when they started their own business, never held a first job, experienced long-term unemployment with non-transferable skills, this entrepreneurship pattern suggests that most entrants have limited business experience when starting their own business. This type of business shows a sociocultural norm that affects women’s choice of business when it comes to risk taking. Another issue is that of capital. The research established that sources of capital are likely to be private savings and loans from family and relatives. This points to the fact that social and cultural norms determine who is likely to get access to finance or indeed who has savings to finance their business start-up. It is easier for men to obtain the necessary resources to start a business. This also collaborates patriarchal practices that allocate men the role of bread winner and women’s role of care givers and nurturers who should not be in productive labour market. 8. Categories of women workers 14 The intersection of age, marital status and gender in the informal economy point to the fact that gender differences in informal activities often reflect gender stereotypes and socialization. These determine gendered occupational paths/routes, access to credit, land and property, access to education and training opportunities, burden of unpaid work, unemployment and decent work deficits. Age affects people’s livelihoods and poverty, as well as constraints faced by women in terms of labour force participation at different stages of the life course. (i) Girls 15 – 19 years’ old In South Africa, adolescent pregnancy is a major challenge even though pregnancy and motherhood do not always result in girls leaving school. However, it does make it substantially more difficult for young mothers to further their education. This has important implications for future employability and earning potential as well as on the likelihood that the mother, and her child, may fall into poverty. In turn, this may compromise her child’s own chances of success at school. These young mothers mostly engage in survivalist activities that are home based in perishable foods and fruits so that while they engage in productive work they can also undertake their care work. However, these young mothers are often “helpers” selling on behalf of an older relative for no pay. They are contributing labour to the family business. Male counterparts in this age group are likely to be in school. This reflects a socio-cultural norm where family commitments exclude girls from school especially in rural areas. Boys who are out of school tend to be street hawkers of non-food products which normally fetch more money when sold compared to what the females sell and boys can locate their businesses in areas where they can easily attract clients since they are not confined by domestic chores or reproductive roles. These roles disadvantage girls and is reflected across the entire life course, females spend more time in household production or unpaid work than males, with the gap particularly large within the prime ages for child bearing and child rearing, which make particular demands on women’s time. (ii) Young Women 20 – 35 year-olds According to data10 on educational attainment by race and sex in 2014, for all individuals aged 20 and above, most of the South African population has either incomplete or complete secondary education. However, women are more likely to have no schooling in comparison to men. This constitutes a gender issue based on the differing pattern of reasons for non-attendance. Girls are susceptible to family pressures and may be sacrificing their education for others in a way that males perhaps are not required to. Young women who are economically active in this age group, tend to work in hair salons or are owners of the business. These women’s businesses are located in various places such as: markets, street, taxi ranks, shopping centre or at home. Food preparation is also a common trade with young women and they sell at locations close to their homes while their male counterparts work in areas with the largest investments in technology, workforce size, and industrial estate locations. Young men are not affected by domestic responsibilities and restricted mobility which limit women’s ability to participate in higher paying activities farther from home. This points to a gender segregation of occupations determined by social norms. (iii) Female-headed households Female-headed households, according to the Status of Women in the South Africa Economy, tend to receive a larger portion of their income from government grants and, to a lesser extent remittance, when compared with male-headed households. The report attributes the relative reliance of female-headed households on non-wage income may be due, to the history of wage inequality between the sexes. This can also imply that 10 Status of Women in the South African Economy:2015 15 men more than women are economically active because women are disadvantaged due to various factors such as gender discrimination and inequalities that limit women’s opportunities. The report further states that grant income makes up 13.3 percent of all income for men, while that figure is 48.0 percent for women. This means that almost half of all female income came from social grants in 2008. This is partly due to differences in non-grant income between men and women – the average level of non-grant income was R5099 for men and only R3466 for women in 2012. This suggests gendered earnings due to women’s low education levels, high illiteracy, legal barriers that constrain women’s access to resources to grow their business and gender inequalities entrenched by patriarchy that privileges males over females. an evaluation of impact of grant receipt at the household level, results showed that grant income plays a vital role in substituting income in both male and female-headed households. However, female headed households received a greater proportion of their income from a social income transfer compared with male-headed households. (iv) Women with family responsibilities Women with family responsibilities for this report, refers to women (60 years and older) receiving child support grants. In 2008, only 1.1 percent of men received this grant compared to 29.2 percent for women. This illustrates the role of females as primary care-givers within households – while both women and men are eligible to receive the child support grant on behalf of their children, it is almost always the women who are responsible for its receipt. In 2012, 3.2 percent males compared to 34 percent of females who received the grant.11 However, to supplement incomes, older women in South Africa have formed “Grandmothers’ clubs” in various parts of the country which do not only engage in art and crafts but they also run crèches, nurseries and after-school centers where community members pay nominal fees for their children to attend. These centers also grow vegetables for feeding the children attending the centers and the excess is sold to the community. Older women are also very active in stokvels, burial societies and women’s clubs. These do not only act as clubs for socializing but also schemes for lending money to members for various things. They are also a support system for members where information is shared and exchanged. However, some of the bead work, pottery and baskets produced by the women are also traded over long distances, across borders in most cases. Grant Smith (2013) identifies three factors to explain this phenomenon. First, women’s production activity may simply be more international. Second, immigrant entrepreneurs have a greater foothold in women owned production firms whose products they can sell back in their home country; by contrast, immigrant male entrepreneurs have only a modest in township presence, limited to “zozo” construction (informal shacks) and repairs/refurbishment businesses, Third, the spatial entrapment of women might be playing an inherent role in overcoming the gendering of space by looking to outside markets. 9. Women pre-dominant sectors, enterprises and occupations An analysis of “who does what and when” within South Africa shows that women and girls are responsible for collecting water and firewood, (rural and peri-urban areas) cooking, cleaning, taking care of the children, the infirm and the sick, producing food, and marketing any surpluses. They also dedicate a lot of their time to maintaining social cohesion within the community. All these tasks are low-status activities, unremunerated and unrecognized and have a gendered positioning on women sectors, enterprises and occupations in the informal economy. 11 The Status of Women in the South African Economy, 2015 16 (i) Dominant Sectors There is gender difference in the type of sectors where women and men engage. Men dominate chemical and metals related work, auto repairs, construction, generating intermediate products more likely to be sold across intermediate distances. On the other hand, women- dominated sectors (e.g., fashion, pottery, and food) are the most locally rooted and trade largely within immediate vicinities. This indicates societal norms of “women’s” and “men’s” work. (ii) Dominant Enterprises Women enterprises tend to be home based enterprises (child-minding, spazas – retail shops run from the home, shebeens – liquor-selling outlets run from the home, backyard or garage workshops/repairs, hairdressers, the showing of videos) and a small number of increasingly formalized ventures located on fixed business premises (small-scale manufacturers, liquor taverns). This suggests that women’s reproductive and community managing roles are the main determinants in the type of enterprise and where it will be located. (iii) Dominant Occupations The top ten occupations of informal sector employment by gender according to the Labour Force Survey (2009) are as follows: Male % of total informal sector employment Farm-hands and labourers 14.35 Bricklayers and stonemasons 10.34 Street food vendors 8.42 Street non-food vendors 5.81 Motor vehicle mechanics and fitters 4.32 Spaza shop operator 3.85 Car, taxi and van drivers 3.78 Painters and related workers 3.15 Carpenters and joiners 3.05 Construction and maintenance labourers 2.18 Female % of total informal sector employment % Street food vendors 30.53 Street non-food vendors 13.48 Spaza shop operator 6.02 Tavern and shebeen operators 5.41 Hairdressers, beauticians and related workers 4.43 Tailors, dressmakers and hatters 3.78 Bricklayers and stonemasons 2.84 Healer and sangoma 2.68 Personal care of children and babies 2.62 Shop salespersons and demonstrators 2.61 It is evident that the occupations are segmented along gender norms on what is considered male or female work. The type of goods involved in the business shows the gendered earnings where women’s income is less. Street vending has the least entry barrier which requires little start-up capital, this implies a gender issue in access to funding that women rely on family members or group based schemes to finance their business compared to men who are likely to access more funds for business start-ups. 10. Main decent work deficits Social protection deficit is widely acknowledged to be especially critical for women and men in the informal economy, not only because of their job and income insecurity, but also because of the greater likelihood of there being exposed to serious occupational safety and risks, and health hazards, gendered violence and increased susceptibility to HIV/AIDS. Poor women, and especially homeworkers, domestic workers, agricultural workers, migrant workers, sex workers and those working in (other) hazardous jobs, are among “the most vulnerable and unprotected groups of workers with no social security, no maternity protection for female workers and a lack of work/life balance. Women world-wide including South Africa, is identified as being especially without voice, as they generally face greater barriers to participating in organizational processes due to their multiple roles and responsibilities in the workplace and in the home. Within mixed-sex organizations, functions and positions tend to be influenced by gender owing to patriarchal structures and systems that promote the glass ceiling which contributes to women being under-represented in decision-making processes. 17 Owing to South African triple oppression of race, class and gender, women remain concentrated in invisible areas of informal work, such as domestic labour piece-rate homework, and assistance in small family enterprises, which offer precarious employment status, low, irregular or no remuneration, little or no access to social security or protection. They also have limited ability to organize to ensure the enforcement of international labour standards and human rights. Women in rural and peri-urban areas also are disproportionally impacted by the deficient infrastructure and a range of time and space constraints on their productivity. Gendered earning differentials keep women in low-earning activities compared to men, due to gendered inequalities associated with women’s unpaid reproductive work. Further, the gendered relations of power and poverty position, affect women and men in different ways such as: in access to credit, land and property, access to markets, access to training and skills development, access to information, communication and technology etc. The lack of support for women’s reproductive roles or caring roles through provision of accessible and affordable child care facilities hinders them from seeking opportunities far away from home. In addition, the role women play of child care is not valued and unpaid, this supports the socio-cultural norms that allocate men the role of bread winner and women the care role. 11. Specific Challenges Facing Women in the Informal Economy Women in South Africa’s informal economy experience specific challenges and most severe decent work deficits that affect their productivity and viability of their activities. Women’s engagement in the informal economy is influenced by socio-cultural norms which determine the success or failure of a women in her business venture. The socialization of both women and men results in the perpetuation of certain stereotypes and practices that impact on where women locate their business, the type of business, the service or product, how they will conduct their business and the discrimination they face based on their sex. Discrimination against women in South Africa is compounded by the legacy of the apartheid system, which resulted in triple of oppression for black women in terms of race, gender and class or other disadvantaging factors. Patriarchal systems in South Africa continue to discriminate against and ensure that women remain subordinate to their male counterparts. Patriarchy constrains women’s advancement and their opportunities for growth in the labour market. To change the status quo will entail a process of change in which gender relations are challenged and women’s agency is strengthened to improve their market participation. (i) Legal and regulatory constraints The South African labour law and policies apply to all workers in the labour market, however, the labour legislation does not afford adequate protections to vulnerable workers in the informal economy, particularly those who are not in a clear employment relationship. Women are more likely to be in such unclear employment relationships especially in home-based work and domestic worker occupation which is in a private residence, though a minimum wage has been legislated. However, most women are ignorant of where to get re-dress in the event of violations. Women are also likely to be exposed to abuses because informal employers do not receive medical aid benefits which women need due to their specific health needs. Often there is no maternity leave which is required by women pre and post-delivery. The nature of the employment relationship also subjects women to long working because normally the hours are not stipulated of when work starts and ends. The Department of Trade and Industry in South Africa (2013) argues that by-laws promote perceptions that informal economy workers are illegal and a nuisance. These laws allow city authorities to ‘forcibly remove any nuisance, obstruction or encroachment on streets or any public place’. This view promotes the 18 criminalisation of both street merchants and cross-border traders. This forces informal economy workers to find creative ways to address their enforcement challenge, some of which might be dangerous such as using unmapped routes to smuggle goods. Generally, by-laws recognize and favor the large-scale trade sector, which is dominated by men as individual traders or corporations. These tend to have adequate infrastructure, access to water and ablution facilities, proper sanitation, and storage facilities. Whereas, the opposite applies to women traders who operate on the street. (ii) Exclusion from policy processes Despite South African women’s presence in the informal economy, they are often excluded from policy processes. Reasons highlighted for exclusion include; lack of experience in business, low levels of education and high illiteracy. These suggest that policy making is gendered and that women’s status is used to exclude them. This status that is a consequence of gender inequalities in access to education, business skills and training, access to information and also women and men’s unequal share of the burden of domestic chores and child care which impacts women’s involvement in activities outside their traditional roles that are influenced by socio-cultural factors. Consequently, women’s specific needs are not likely to be taken into consideration in policy formulation. (iii) Unfair competition Women in South Africa face multiple forms of competition including from their male counterparts and large-scale companies. Street traders often experience stiff competition from big economic players. Women, because they are less advantaged compared to their male counterparts, suffer the most. The general low level of education and business illiteracy among women, contributes significantly to women’s disadvantage. It also means they cannot have the same level of access to finance as their male counterparts to raise capital for their business from commercial financial institutions to enable them compete with male counterparts. The requirements for bank credit tend to be cumbersome and women are consequently marginalised. This is a critical factor that limits opportunities for women to grow their businesses and exacerbates the inequality between men and women in the informal economy. (iv) Sexual harassment Sexual harassment from both government and customs officials, particularly at the borders is rampant for cross border traders. (Brenton, Gamberoni & Sear, 2013). Due to a lack of clarity on what is expected of women at the border posts, women traders are taken advantage of sexually by corrupt government officials in return for facilitating the entry of their goods. A worrying trend is that women often do not talk about the sexual harassment they suffer, fearing they will be party to their own harassment. Sadly, it is also known that women traders or vendors entice customs or law enforcement officers sexually to ensure their goods are given preferential treatment in terms of paying taxes (Brenton et al., 2013). (v) Lack of access to credit/finance Overall financial inclusion in South Africa has improved substantially within the last ten years, however, barriers to credit for women in the informal economy are still apparent in some considerations such as business financing. A variety of barriers constrain women’s access to credit and finance. Constraints include; legal impediments, employment and income limitations, exclusion from policy making, decisions and influence in the financial and economic decision-making, attitudes towards women, lack of information and exposure to business and finance environments, and business maturity and financial institution policies. In rural areas, women are further constrained because of the lack of infrastructure and ownership and control of productive resources such as land and property. (vi) Lack of financial literacy 19 The lack of financial literacy of women compared to that of men is also a barrier that prevents women from being able to access credit. A survey by the Financial Services Board (2014), South African women scored significantly lower relative to men in areas of financial control, financial planning, choosing financial products, and general knowledge and understanding of finance. Women, generally have lower levels of education and high illiteracy which disproportionately impacts on their financial literacy. This lack of financial literacy can keep women from being able to know what financial products are available to them and how to utilize financial products to improve their businesses and economic situation. (vii) Lack of ownership and control of land Land is recognized as a primary source of wealth, social status and power throughout history. Women’s access to land and property especially in rural areas is central to women’s economic empowerment as land can serve as basis for food and income generation, collateral for credit, and a means of holding savings for the future. South Africa’s Constitution and several legislations guarantee security of land tenure; however, land ownership remains elusive for most women. Studies show that there is a significant gender gap in land ownership though land ownership for female-headed households is higher than land ownership by nonfemale headed households. This implies that tradition and customs still influence women’s access and control of land. (viii) Other risk factors faced by women workers and economic units HIV/AIDS The vulnerability of women in South Africa to HIV/AIDS, is exacerbated by the marginalisation of the informal economy and the lack of progress in developing a coordinated multidisciplinary response to the disease among informal workers. Few interventions which directly address HIV/AIDS have been put in place in the informal workplace, largely because of its conceptualisation as a health issue. A study conducted in Durban12 revealed that priority in providing holistic business support, including skills development and financial services, is skewed towards more profitable enterprises which has excluded most women traders. This gender bias against women has restricted women's productive capacity and enterprise development and heightened their economic vulnerability to HIV infection and impact. This is compounded by a lack of functional, representative organisations to convey the concerns of marginalised female traders to local government. An ILO study (2003), observed that the HIV/AIDS pandemic has grim implications for workers in this sector, especially given the inadequacy of social protection systems. The study asserts that the formal workplace usually provides workers with opportunities for reducing the risk of HIV/AIDS by improving prevention through practical, sustainable and effective interventions. It is argued that these interventions result in changes in attitudes and personal behaviour, and that organisations facilitate and support these changes through initiatives that reach workers through their workplaces and/or work activities. Workers in the informal economy, however, do not as a rule have these mitigating workplace benefits. Violence Against Women Violence on South African streets and public transport disproportionately affects women in the informal economy due to: the location of their businesses which expose women to inadequate safety and security, and cumbersome regulations and lack of knowledge on their rights, leaves women vulnerable to abuse. This 12 HIV/AIDS in the Informal Economy an Analysis of Local Government’s Role in Addressing the Vulnerability of Women Street Traders in Durban:2004 20 kind of violence may result in women refraining from or curtailing their involvement in such economic, social and cultural activities. The report on the Status of Women in South African (2015), states that the empowerment of women cannot be achieved without the socioeconomic transformation of society to accelerate growth and overcome the triple challenge of unemployment, poverty and inequality. The report emphasizes that conditions of unemployment, poverty and inequality are fertile breeding ground for violence and, violence against women. Violence is also a manifestation of the historically unequal power relations between women and men. This has led to domination over and discrimination against women by men and to the prevention of women’s full advancement 12. Causal Analysis of Gender Inequalities in the Informal Economy After 1994, the principle of gender equality influenced policy and legislation in economic and development -related areas such as access to employment, land, housing, water, health care and public works programmes among others. Some progress in the empowerment of women has been achieved in the areas of women’s participation in politics, women judges and magistrates, and women in senior management positions in the public service. Women have also emerged as business owners and entrepreneurs. However, an assessment conducted in 2014, showed that despite South Africa’s progressive legislation, women have not advanced as rapidly in terms of socio-economic empowerment and gender equality, and they remain the hardest hit by inequality, poverty and unemployment. This led to the establishment, amongst others, the portfolio of Minister in the Presidency responsible for Women to focus on the promotion of women’s socio-economic empowerment and the advancement of gender equality. Women’s full participation in the South African economy is hindered by numerous barriers that reduce their employability, constrain their ability to participate on their own terms, restrict the options available to them and limit the likelihood of utilizing their full potential. The labour market (formal and informal) is the key arena in which most individuals engage with the economy. Women in the informal economy are mostly found in low skilled, low-paying and jobs that are traditionally considered to be female domains due to several determinants. (i) Gender Discrimination Central to South Africa’s democracy after 1994 was the commitment to equality, including gender equality. However, twenty years after the dawn of democracy in South Africa, studies show that severe forms of discrimination and inequality persist in the advancement of women’s socio-economic empowerment and the promotion of gender equality. Discrimination disadvantages women’s in access to finance and credit due to: legal barriers, employment and income limitations, exclusion from policy and decision making, lack of influence in financial and economic decision making, societal attitudes towards women, lack of information and exposure to business and finance environments, lack of financial literacy and financial institution policies. These constraints suggest gendered access to productive resources. One clear outcome of the above, is that women lag men in the ability to obtain credit and bank loans. This barrier prevents poor South Africans in general, and women from improving their respective economic situations. In 2009, it was estimated that only 2.9 percent of women entrepreneurs received assistance from a commercial bank (African Development Bank 2009). This has led to a large proportion of adult women in South Africa to rely heavily on savings circles or stokvels, government grants, and borrowing from money lenders. 21 Immediate causes The most immediate cause are the barriers that prevent women from enjoying equal rights to socioeconomic opportunities and improving their respective economic situations. As a result, women do not have access to credit and finance. Underlying causes In South Africa, despite having a progressive constitution and legislation, weak governance and institutions arise out of the customary laws and practices which are patriarchal and discriminate against women. The policies adopted and institutions put into place are based on customary norms which greatly disadvantage women to realize their socio-economic empowerment and gender equality, creating an economic and social imbalance in power between women and men, an imbalance that favors men. Patriarchal male dominated culture privileges males and supports women’s subordination and other factors such as certain cultural norms and practices also perpetuate discrimination against women. Level of Education Educational quality and female access to education are still concerns in South Africa. The country inherited a system that privileged the few and disadvantaged the majority. This resulted in a large pool of unskilled labour. Within each race group, women have been historically relatively disadvantaged in terms of access to education. Since women in South Africa are more likely to have no schooling in comparison to the men, gender differences in levels of literacy, education, skills, and aspirations further contribute to women’s low status in the informal economy. According to Statistics South Africa (2014), overall male and female rates of functional literacy in 2014 are similar, with rates slightly higher for men than women (85.1 percent compared to 83.0 percent). This gap, though, is not evident amongst young people. Functional literacy rates are higher amongst young women than young men by a margin of 2.7 percentage point. Females are at a slight disadvantage in the 40 to 59 years’ age group (78.1 percent compared to 79.9 percent for males., but amongst those aged 60 years or more they are at a significant disadvantage (51.2 percent compared to 58.5 percent for males. This indicates that older women who enter the informal economy are more likely to be in low paying activities compared to young women or older men. Immediate causes The most immediate cause for women to have low education and higher illiteracy levels is due to lack of access to education because of historical disadvantages that stemmed from national discriminatory policies perpetuated by the apartheid system of Bantu education and the homeland system. The policies of systematic exclusion of black South Africans from educational opportunities had a disproportionate impact on women who were relegated to living in rural areas that lacked infrastructure and had poorly trained teachers. Teachers in townships and rural schools, remain are poorly trained, and the matriculation pass rate remains unacceptably low. Even though, access to formal education is increasing, the quality of the education varies greatly, largely due to gender inequality and poverty. Underlying causes Social norms and societal practices related to women’s and men’s gender roles are the underlying cause for females not attending an educational institution. Men are allocated the role of bread winner or head of household while women’s role is relegated to nurturing. These gender roles also cause girls and not the boys to leave school, when family commitments demand that they do so. One of the most basic outcomes of education is literacy. This has important implications for future employability and earnings potential of women and men. 22 Health status As the bulk of urban informal sector workers live in poor areas, vulnerability to disease and poor health result from a combination of undesirable living and working conditions. Evidence shows that low earnings are one of the strongest correlates with poor health. Even though South Africa has relatively good basic services, inequality in provision means that many poor workers are likely to live in poorly serviced areas. The association between job informality and poor health is significantly greater for women than for men in wage employment in South Africa. This suggests a gendered effect of informality on health. Gendered power dynamics in the workplace mean that women are also less likely to complain about health and safety hazards, including any violence that they experience. Women also experience more acutely than men the “double-burden” of income earning work and taking care of the home. While women from all social classes experience the double-burden, it is likely that women in forms of employment with few labor protections suffer the most. Long hours at work may extend the time into the evening and night when they must look after the needs of their own household. Not having legal work protections means that they may not be allowed to take leave when a child is sick, which is likely to be an additional source of stress. The lack of labor protections can mean that they are not able to care for themselves adequately either; for example, by taking time off work to visit the doctor when they are ill. Further, in South Africa, almost a third of female wage workers are employed in a private household as domestic workers. Research has shown, domestic workers often face challenging working conditions, with higher rates of injury and mental stress than women employed in non-domestic occupations. While domestic work is formally regulated in South Africa, monitoring and enforcement of policies is difficult and it is possible that this form of employment takes a considerable toll on the health of women in South Africa. Immediate Causes The immediate cause for poor health among women informal workers is due to inequality of health services provision in South Africa. Most women workers in the informal economy live in poor areas and vulnerability to disease and poor health result from a combination of undesirable living and working conditions. Underlying causes Weak governance and institutions disproportionately impact women, who because of gender discrimination and inequality are more vulnerable compared to the men. Thus, inequalities in health services coupled with poor living conditions and decent work deficits in the informal economy is likely to contribute to poor health of poor South African women. Further, the burden of domestic chores and child care due to societal norms and practices prevent women from focusing on their own health. Women are expected to look after everyone and their health always comes last on the priority list because women are socialised to be care givers and not care receivers. Poverty Poverty in the informal economy is underpinned by historical inequalities of access to resources, education and facilities in South Africa which are worsened by gender inequalities between women and men. Women’s vulnerability to poverty pushes them to those survivalist enterprises which represent a set of activities undertaken by people unable to secure regular wage employment or access to an economic sector of their choice. The incomes generated from these enterprises, usually falls short of even a minimum standard of income, with little capital investment, virtually no skills training and only constrained opportunities for expansion into a viable business. 23 Studies show sexual division of labour with women concentrated in trade, food preparation, dressmaking and childcare activities. Underpinning this pattern is women’s lack of access to material resources, including credit and loan facilities, and the overall context of patriarchy. Studies show the disproportionate number of women being relegated to the lower end of the informal economy. Although not all women-run enterprises can be characterized as “survivalist” (some studies indicate instances of successful women entrepreneurs which suggests that women do can expand their businesses), in general, local research discloses that more women than men are at the survivalist end of the spectrum. This finding resonates with the reason why women remain poor even when they engage in the informal economy13. Immediate causes The immediate cause for women’s vulnerability to poverty is because of social, economic, cultural and political factors that result in deprivation of: access to health services, low participation in the economy, low education levels, low knowledge levels, lack of influence over politics and decision making etc. Underlying causes The root cause of women’s poverty is gender discrimination and inequality that is perpetuated by patriarchal dominated culture that privileges women and subordinates women socially, economically, culturally and politically. In South Africa, African women suffer triple oppression because of race, gender and socio-economic status which results in women being over-represented in survivalist activities that are precarious and hazardous and with no social security and maternity protection. Further, the socialization of both women and men has resulted in the perpetuation of certain stereotypes and practices that have a negative impact on gender equality and the socio-economic empowerment of women. Negative aspects of gender discrimination and inequality include; occupational segregation, violence against women, sexual harassment, low earning paying jobs and the lack of recognition of women’s triple roles and the unvalued and unpaid labour of the care economy. Voice and representation There is no doubt South Africa has made commendable strides since 1994 to improve the status of women in terms of voice and representation in all sectors. Notwithstanding the numerous progressive legislation, women have not advanced as rapidly in terms of socio-economic empowerment and gender equality, in the informal economy where decent work deficits disproportionately impact women. Due to the historical and systematic exclusion of women from socio-political and economic affairs, and the over-representation of women in invisible work in the informal sector, women’s voices and representation remains a challenge. Thus, policies are unlikely to respond to the realities faced by women working in the informal economy if these women themselves have not participated in its development. This is particularly important given that gender dimensions of the informal economy do not receive attention as evidenced by the lack of gender mainstreaming in South Africa’s economic and development-related policies and programmes. Ramani et al., (2013) note that debates on formalisation tend to be top down in nature and less understood by those working in the informal economy due to the mismatch between the interests of governments and those whose agenda its intends to assist which does not seem to be congruent with the realities of women who are part of the sector and it also places more demands on women rather than facilitating their livelihood. Women in Informal Employment: Globalizing and Organizing (WIEGO, 2014) suggest that, for 13 Urban poverty and the informal economy in South Africa’s economic heartland, Christian M. Rogerson 24 formalisation to be meaningful to people working in the sector, it must meet the amongst others organising labour rights, voice and bargaining power, and for women formalisation must meet their critical needs for social protection such as maternity benefits, childcare and the prevention of abuse. Immediate causes The immediate cause for the lack of women’s voice and representation is due marginalization and underrepresentation in decision-making. South Africa’s Constitution offers a framework to address this historical marginalization and legislation has been influenced by gender equality espoused in the constitution. Traditional beliefs, perceptions and stereotypes which depict women as being inferior have tended to militate towards their marginalization. Underlying causes The root causes of marginalization of women voices and representation in the informal economy arise out of the customary laws and practices which are patriarchal and discriminate against women that influence governance and institutions practices to perpetuate certain stereotypes and norms. In addition, policies adopted and institutions put into place are based on customary norms which greatly restrict women’s participation, creating an absence of women’s voice and representation. Access to credit Generally, women’s access to finance in South Africa is narrowing the gender gap due to various government initiatives that are in place. However, in the informal sector, women continue to face difficulties in accessing credit due to high illiteracy, low levels of education, lack of collateral and low level income earning activities that impacts negatively on their ability to accumulate assets and equity. Commercial institutions are gender neutral and therefore are not sensitive to the gender constraints faced by women who are likely to need star-up capital which are considered high risk. Attitude toward women also mitigate against women by male decision makers who often consider the realities of women’s lives as adverse and use the multiple roles women play as a justification for declining business credit. In a situation of scarce resources, investors will often go with what they know i.e. men. Women are often not aware of the financial and non-financial support available to them to enhance their business aspirations due to lack of information and exposure to business and finance environments. Whilst women and men face difficulties when setting up businesses, the playing field tends to level out when businesses reach maturity and can provide sufficient evidence to reduce the perception of risks associated with gender. Immediate causes Women in South Africa are disadvantaged in access to credit which has led them to rely heavily on savings circles or stokvels, government grants and borrowing from money lender. Underlying causes Gender discrimination and inequality disproportionately impacts women’s rights to access productive resources creating an economic and social imbalance in power between women and men, an imbalance that favors men. Women are subject to laws which discriminate against them in relation to property or land ownership, succession, and family law, and these laws undermine women’s economic opportunity, welfare and autonomy. Further traditional norms and values prevent women from leveraging formal financial options to finance their businesses. 25 13. Conclusion and Recommendations Recognizing the role women play in the informal economy, both in production and poverty eradication policies and programs must purposefully engage with women’s strategic needs because economics is about the power to access, own and control resources (Agenda 1997). Women’s relationship to resources and their ability to secure resources is at the heart of gender inequality in the informal economy. In this regard, measures are needed that will not only redress the historical and systemic exclusion of women in South Africa’s economy but also factors that perpetuate women’s discrimination and inequalities in the informal economy and prevent women and men from enjoying rights to decent work. General Recommendations: (i) Addressing gender and gender in the informal economy Assumptions that society makes regarding gender still influence women’s access to the labour market, the extent of their participation or what sector, enterprise to engaged in. Thus, it is important for policy makers to address gender by addressing gender stigmatisation and marginalisation in the informal sector; historically inherited social and religious norms; as well as societal expectations about women that constrain their economic lives as consumers, workers and producers, must be addressed women’s triple roles and the burden of domestic labour and childcare. The South African Constitution, Section 9 (2) emphasizes the need to have a detailed understanding and analysis of the specific, distinct needs and disadvantages of women, that must be addressed, through the kind of legislative, affirmative or corrective or other measures provided. This suggests the use of affirmative action principles as one of the many ways to attain gender equality to redress historical disadvantages (race, social, cultural and religious norms). If development in South Africa is to have positive impacts on women and men, there is need to ensure that gender-sensitive initiatives have a chance of transforming social and economic exclusions, including gendered inequalities, on the ground. For example, anti-poverty programmes which emphasize employment generation will not be effective unless they concentrate on increasing low-income women’s competencies and employability, while considering the gendered nature of the care economy as well as gendered power relations at domestic, community, local, national and international levels. Promoting women’s entrepreneurship will not succeed unless women’s lack of access to property rights and capital is addressed. Ensuring low-income women’s access to micro-credit will bear little fruit unless appropriate training is provided to address functional illiteracy, better infrastructure and social services are developed, and assistance is provided to ease care burdens. (ii) Conducive legal and policy environment An enabling working environment for South African women and in the informal economy is critical to facilitate the growth of their businesses and promote their safety and socioeconomic rights. National and municipal by-laws and regulations should also aim to address the plight of women who are disproportionately impacted in the informal economy as recognized in the ILO Recommendation 204. Further, South Africa’s robust gender sensitive constitution provides the basis for all legal and policy instruments to promote gender equality. However, challenges remain in South Africa to realize the aspirations of gender equality in the informal economy due to legal and policy inadequacies. Enforcement of the ILO conventions on gender equality and the application of Recommendation 204 in South Africa’s laws and policies will go a long way in addressing the legal and regulatory barriers that perpetuate decent work deficits in the informal economy such as the lack of social protection, access to credit, land and property. Measures required to address barriers include: promotion of enterprises of all sizes; opportunities for education and other forms of learning and skills development; policies that address occupational safety and health; labor inspections; minimum wage policies; and access to justice; 26 progressive application of labour laws and standards, beginning with the most viable enterprises but the essential requirement should be to ensure compliance with basic human rights concerning freedom of association, freedom from forced labour and child labour and freedom from discrimination. (iii) Increasing productivity of women’s informal economic activities Not all informal sector activities have growth potential, the sector is highly heterogeneous, with different segments having different possibilities for expansion, and major part of the sector consists of precarious activities for survival. strategic choices must be made when defining objectives, actions and instruments in order to support survival activities whose potential for economic growth is very limited, but on the other hand, their alleviating effects on poverty are indispensable; to enable a limited number of micro-enterprises to accumulate capital through substantial productivity gains. Other measures include: targeted support strategies to improve access to credit, technology, training and marketing in order to strengthen the productive capacity of micro entrepreneurs, small producers and artisans. strengthening or the creation of group-based self-reliance schemes at national level; strengthening of national programmes and institutions to target support services more effectively to the informal sector at the national, provincial and district levels; and building and strengthening alliances and networks among small producers’ and microentrepreneurs’ organizations at the national, provincial and district levels and national targeted programmes at the provincial and district levels. (iv) Formalisation of the informal sector It is widely acknowledged that formalisation is one aspect of a comprehensive jobs strategy which is a longer-term measure of addressing the challenges of the informal economy. A major criticism has been the top down nature of discussions and the tendency to exclude those working in the informal economy leading to differences between the interests of governments and those who are supposed to be helped for women whose harsh realities are disproportionate to that of men. Women in Informal Employment: Globalizing and Organizing (WIEGO, 2014) suggests that, for formalisation to be meaningful to people working in the sector, it must meet the following requirements: organising labour rights, voice and bargaining power, legal identity and standing, economic rights and social and protection rights. For women formalisation must meet their critical needs for social protection such as maternity benefits, childcare and the prevention of abuse. (v) Reduction of decent work deficits for women and for enhancing women’s productivity Solutions to address women’s challenges in the informal sector must be supported by appropriate legal instruments and policies informed by women’s voices and needs. Though South Africa has made strides in women’s participation in decision making in some sectors, women in the informal economy are overrepresented in the low income, hazardous jobs which do not give them voice because of the invisible nature of their activities which are home-based and under-valued and unpaid for domestic chores, including child care. It is imperative that instruments and policies consider women as workers who have the right to decent work with accompanying benefits. Policymakers must consider new and innovative strategies for women’s economic empowerment which embrace alternative finance models well-suited with women’s realities, driven by different values and building on their existing strategies. Economic empowerment strategies should also entail capacity building and mentorship programmes; finance and business literacy as well as other soft skills such as confidence building and assertiveness training. Women must be involved in determining capacity-building needs from the beginning up to the development and implementation of capacity-building solutions. This will ensure these initiatives are responsive and address the pertinent matters of concern to women. There is also need for proper shelter and electricity and water supply, including amenities such as toilets and storage facilities. These are facilities that are easy for the municipality to supply, as part of proper market facilities. 27 (vi) Integration of HIV and TB HIV is not just a medical problem, the respect for the dignity and human rights of everyone vulnerable to and affected by HIV is an important part of the HIV response. However, stigma, discrimination and gender inequality continue to undermine efforts to achieve universal access to HIV prevention, treatment, care and support. ILO Recommendation 200 recognises the role of the workplace as a key entry point for facilitating access to HIV prevention, treatment, care and support services. It stresses the need for action by employers, trade and labour unions to promote healthy workplaces. The ILO Recommendation 200 states key points to be considered in programmes on HIV and AIDS: eliminating stigma and discrimination; protecting human rights; and facilitating access to HIV prevention; treatment, care and support for workers, their families and their dependants. Due to the gendered nature of the HIV and TB epidemics, specific measures need to target South African women in the informal economy who are in the “unseen” sectors. This entails working with different stakeholders such as faith-based organisations, NGOs, community based organisations, educational institutions etc. to reach women wherever they can be found. Women’s Strategic Needs (i) Alleviation of the burden of domestic labour and childcare Unpaid care work is the missing link in the analysis of gender gaps in labour outcomes, especially in the informal where women are disproportionately impacted. Lifting the constraints on South African women’s time implies reducing the burden borne by women. Care should not be considered only as a burden and this central activity for well-being should be redistributed between men and women, as well as between the family and the State: States’ failures to provide, regulate and fund domestic and care formal services increase the burden for communities, families and especially women. Thus, increasing public and care services, is critical for the informal economy women. (ii) Improving access to capital for women Policies should create measures to guarantee access to appropriate financing, including those that will help women meet collateral requirements. At the same time, finance for women should promote values that are different from those generally promoted by commercial banks which focus merely on making a profit. For such models to be successful, it is important to consider the interests of women and work closely with them. Lessons can be drawn from existing, self-reliant community finance models such as ‘stokvels’, which many people, particularly women in South Africa, have relied on for years. The intention should not be for government to take these over but to support and explore how these can be used for business purposes. (iii) Promoting women’s agency, voice and representation in policy formulation processes ILO Recommendation No. 189 on Job Creation in Small and Medium-Sized Enterprises (1998) advocates adequate representation of these enterprises and their workers – including those in the informal economy – and calls on organizations of employers and workers to extend membership therein. This suggests that policy can never respond to the realities faced by women working in the informal economy if these women themselves have not participated in its development. This is particularly important, given the historic and systematic exclusion of women from socio-political and economic affairs in South Africa. Deliberate measures need to be put in place aimed at building women’s capacity for policy engagement including strengthening women’s agency to boost their confidence and guarantee that the voice of women is heard. (iv) Providing Social Protection Extending social security to the informal economy requires innovation because incorporating them in existing mainstream schemes has not yielded much success where this approach has been tried. Thus, innovative social security schemes such as group and community-based or micro-insurance schemes aimed at providing or securing the basic needs of their members, including child care, mutual health funds, death 28 benefit funds, and thrift savings schemes for emergencies, are more sustainable. These micro-insurances can be extended where none exist. Maternity protection for women can be established through voluntary contributory schemes. However, to encourage women to contribute to the scheme will require extensive campaigns, education and mobilization because the majority of women hardly enough to survive so the benefits of the scheme will need buy-in from them and its planning and implementation must involve women themselves. In this regard, stakeholders such as faith-based organizations, community based organisations, NGOs, stokvels and other groups need to work together to plan and execute the scheme. The extension of Occupational Safety Health (OSH) services by the public health care system; training individuals within the target group to identify OSH problems; emphasis on low-cost improvements in working conditions. Within the community, there are resources and structures that can be used to carry out promotional, educational and preventive services (public health care centres, NGOs and the informal sector operators themselves). OSH training must hence be simple and practical. Facilitating dialogue between local authorities, public health workers, NGOs concerned with health issues, and informal sector units and workers could help identify and promote priority improvements. Organization among informal sector workers helps to address problems concerning their working conditions, since they are able to take selfhelp initiatives, and the organization provides a link between the workers and the institutional structure that provides services. (v) Removal of institutionalized forms of discrimination to own land, property or access to credit and financial services Gender inequality in access to land and property is substantial due to discriminatory inheritance practices, unequal access to land markets and gender-biased land reform. South Africa has made some progress in legislative reform, but implementation is hindered by sociocultural norms and women’s lack of knowledge of their entitlements. Continued efforts are needed to promote gender sensitive legislation, enforce existing legislation, make justice systems more accessible and responsive to women, and provide legal aid to women seeking to claim their rights. Land reform processes, such as land redistribution and resettlement schemes, can play an important role in addressing inequalities in access to land and property. Use gender-impact analyses in the development of macro and micro- economic and social policies in order to monitor such impact and restructure policies in cases where harmful impact occurs. (vi) Promoting financial autonomy In addressing the financial independence of women, Governments and other actors should promote an active and visible policy of mainstreaming a gender perspective in all policies and programmes so that before decisions are taken, an analysis is made of the effects on women and men, respectively. Other measures include: facilitating women’s access to and control over capital, credit and other resources, technology and training; devise mechanisms and take positive action to enable women to gain access to full and equal participation in the formulation of policies and definition of structures through such bodies as ministries of finance and trade, national economic commissions, economic research institutes and other key agencies, as well as through their participation in appropriate international bodies; undertake legislation and administrative reforms to give women equal rights with men to economic resources, including access to ownership and control over land and other forms of property, credit, inheritance, natural resources and appropriate new technology; promote gender-sensitive policies and measures to empower women as equal partners with men in technical, managerial and entrepreneurial fields. 29 General Recommendations Matrix Interventions Government Actions Private sector Actions Immediate Term interventions Addressing gender in economy gender and the informal Mainstream gender in key economic and development-related policies and informal economy initiatives/programmes Provision of subsidized public facilities and child care and recognition of women’s triple roles in planning Integration of HIV/AIDS and TB Conducive legal and policy environment for a flourishing informal economy Gender sensitization sessions through forum such as Business South Africa (BUSA) Public private partnership for childcare and other facilities to ease women’s burden of domestic labour Facilitate functional literacy training for women Collaboration on financial literacy training programmes Provision of business advisory services and information to women through faith-based organizations, stokvels, societies, and other places where women can be reached Support efforts of business advisory services and information to women Extension of HIV/AIDS and TB programmes to informal economy through working with multiple intermediaries such as Treatment Action Campaign (TAC), stokvels so as to reach women wherever they are Intermediate Term interventions Review of legal and regulatory frameworks to ensure gender sensitivity so that they do not discriminate against micro, small and medium-scale enterprises owned by women in rural and urban areas; Work with government on an outreach programme to cover the informal economy workers through provision of sensitization materials Institute preferential public procurement treatment for women through quotas Provision of sensitization on legal and regulatory frameworks using various channels and forums Development of gender strategies to ensure women benefit equally from services and products Development of simple registration procedures and less red tape and work with other stakeholders to disseminate these increasing productivity of women’s informal economic activities Provide opportunities for education and other forms of learning on business skills, marketing, financial literacy etc. through existing groups such as stokvels, community-based organizations, faith-based organizations, women’s NGOs and other forums where women can be reached Support and facilitate establishment of cooperative enterprises where appropriate, to support the transition from the informal to the formal sector, especially in rural areas; Increase the proportion of women extension workers and other government personnel who provide technical assistance or administer economic programmes; 30 Support skills development to help grow new enterprises Area of Interventions Reduction of decent work deficits for women and for enhancing women’s productivity Formalization of the informal economy Long term interventions Government Actions Facilitate a voluntary contributory scheme to ensure social and maternity protection Private Sector Actions Support schemes to make them affordable Strengthen or facilitate creation of innovative micro-insurance schemes at group and community-based levels support for women entrepreneurs by offering them individual tax structures and insurance and pension schemes which take women’s work patterns into account. Facilitate at provincial and local level provision of business sites, premises and infrastructure to facilitate compliance with rules and regulations. Provision of accessible targeted funds to women, training and market access incentives to help generate new enterprise growth and contribute towards formalization of businesses, especially those of women investments in regional centers of excellence and business incubation hubs to foster training and learning processes that focus on women’s education and professional growth Women’s Strategic Needs Recommendations Areas of Interventions Alleviation of the burden of domestic labour and childcare Improving access to capital for women Promoting women’s agency, voice and representation in policy formulation processes Government Actions Immediate Term Provision of subsidized public facilities and child care centres Institute gender analysis of relevant policies and programs with recognition of women’s triple roles in policy formulation and interventions Institute affirmative action in land redistribution and reform to promote gender equality in ownership and control over productive resources Collaborate with other stakeholders such as women’s departments in trade unions, NGOs, community organizations, faith-based organizations to organize and mobilize women in different sectors and link them to existing business networks Promote Women’s leadership training programmes that include master trainers to roll out training at national, provincial and local levels through working with existing service providers to ensure voice and representation in policy formulation Providing social protection Interventions Promoting financial autonomy Private Sector Actions Public private partnership for childcare and other facilities to ease women’s burden of domestic labour Design of women specific products to ensure development, growth and sustainability of women’s enterprises Provision of internships and mentorships to develop women’s skills in leadership Facilitation of networking forums to share and exchange business information and opportunities Increase the participation of women, including women entrepreneurs, in advisory boards and other forums to enable women entrepreneurs from all sectors and their organizations to contribute to the formulation and review of policies and programmes being developed by economic ministries and banking institutions; Facilitate establishment of a voluntary contributory scheme to ensure maternity protection Support schemes to make them affordable across the board Extension of Occupational Safety Health (OSH) services by the public health care system; training individuals within the target groups to identify OSH problems; emphasis on low-cost improvements in working conditions Collaborate with government to ensure access to OSH services Intermediate Term Government Actions Work with multiple stakeholders to provide financial, training and market access incentives to help generate new enterprise growth and to support targeted formalization of businesses, Private Sector Actions investments in regional centers of excellence and business incubation hubs to foster training and learning processes that focus on women’s education and professional growth Long Term Removal of institutionalized forms of discrimination to own land, property or access to credit and financial services Institute affirmative action t to promote gender equality in ownership and control over productive resources 31 Designing women specific products to ensure development, growth and sustainability of women’s enterprises
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