By Moses Mugugunyeki
In 2013 Zimbabwe adopted a new Constitution, which many viewed as progressive in promoting gender equality and women’s rights.
The constitution in section 56 provides a strong framework for the protection and promotion of the rights of women and men, girls and boys in Zimbabwe. It recognises the equality of all persons and goes further to explicitly outlaw discrimination on the grounds of sex or gender.
The new supreme law document was expected to have been aligned with several of the key international and regional gender equality and women’s rights instruments that Zimbabwe signed and ratified.
These include the Convention on the Elimination of All Forms of Discrimination against Women, the Beijing Declaration and Platform for Action as well as the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa.
In addition, the government, through the Women Affairs, Community, Small and Medium Enterprise Development ministry, supports the promotion of gender equality across all government programmes, using the National Gender Policy.
However, it was the establishment of the Zimbabwe Gender Commission [ZGC], through the Zimbabwe Gender Commission Act, which gave impetus to the country’s quest to promote gender equality and women’s rights.
The Standard’s Moses Mugugunyeki [MM] caught up with ZGC CEO Virginia Muwanigwa [VM], who spoke about the mandate of the commission with regard to gender equality and women’s rights.
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Below are excerpts from the interview.
MM: How effective has been the Zimbabwe Gender Commission in calling for the alignment of laws on women’s rights to give effect to the Constitution?
VG: The Zimbabwe Gender Commission has over the years utilised its mandate as provided for in the constitution and the Zimbabwe Gender Commission Act [Chapter 10:31] in calling for legal reform as a way of realising gender equality. Efforts by ZGC in promoting the Gender Equality Bill and the Anti-Sexual Harassment Bill bear testimony to this endeavour. To date the commission has drafted the principles for the two Bills and is keenly monitoring the ongoing public consultation processes
The commission has been at the forefront in advocating for the Gender Equality Bill, which is aimed at operationalising the Gender Parity clause. The Commission noted with dismay the fact that gender equality still remains a pipedream for the traditionally vulnerable women owing to the non-operationalisation of the constitutional values on gender equality. While section 17(b) (i) is peremptory in directing gender balance in all commissions, elective and appointed governmental bodies established by the constitution and other Acts of Parliament, a closer look at recent appointments in various boards shows a worrying picture of impunity. The duty bearers have found an escape route from the fact that the right is established outside the Justiciable Bill of Rights. The law is, therefore, expected to provide a bridge through providing for sanctions on actors who wilfully ignore the parity principle at all levels of decision-making.
The commission has also been effective in advocating for the enactment of the Anti-Sexual Harassment Legislation. The Bill will be targeted at sexual harassment in all the spheres of life. The effort came from the realisation that many aspects of the conduct which constitutes sexual harassment are not criminalised irrespective of the constitutional guarantees on personal liberty, bodily integrity and human dignity. The law will also go a long way in ensuring safe spaces for women. Through the complaints handling and investigations functions, the commission observed that sexual harassment is a systemic impediment to the full participation of women in the world of work. The efforts are also buttressed by the ILO (International Labour Organisation) Convention 190 (C190) supplemented by Recommendation 206 concerning the elimination of violence and harassment in the world of work. To that end, the commission is in the process of stimulating the process leading to the adoption of C190 into our municipal law.
MM: One of the mandates of the Commission is to enhance compliance with gender equality provisions in the Constitution, laws and policies. How effective have you been in that regard?
VM: Monitoring and Evaluation (M&E) Framework: The monitoring and evaluation system has been developed. Its purpose is to enable the commission to effectively implement its constitutional mandate of monitoring gender equality. The whole ZGC monitoring and evaluation system is outlined in this framework. The framework sets out the procedures for the ZGC and its various stakeholders to comprehend their roles, responsibilities, and standards for various monitoring and evaluation activities from data collection, reporting up to the utilisation of data.
Gender audit of main political parties: The audit will contribute to the project aim, which is to “strengthen capacities of political parties to mainstream and institutionalise gender equality issues in the development and implementation of political party policies, constitutions and structures in order to ensure enhanced and active participation of women”. The gender audit covered political parties with representation in the National Assembly, thus MDC-A, MDC-T and Zanu PF. The information generated from the audit was used to develop a model gender policy for political parties.
ZGC campaign on 50:50: The commission by consensus with its partners consolidated a position paper on 50-50 for submission to Parliament.
The position paper seeks to engender the electoral and legislative framework to increase women’s representation in politics and decision-making.
ZGC position was guided by Section 17, 56 and 80 of the Constitution, which advocates for 50-50/ gender balance.
Gender Equality act: Draft bill of principles has been developed and submitted for approval at the Attorney General’s Office. The provisions of the Act can be used to sanction political parties that fail to comply with gender equality provisions through levelling penalties against such political parties.
Issuing of advisory notes: Advisory letters issued in respect to gender-insensitive appointments.
Gender forums: The commission convenes and hosts gender forums annually to discuss any issue or issues of concern related to its constitutional and statutory functions. During the forums stakeholders and social partners are given an opportunity to engage with the commission and shape the direction for the prosecution of gender rights compliance monitoring activities.
Public education and awareness programmes: There has been significant progress in this endeavour. The first step to societal transformation is education and awareness so that one is able to comply. The public is now conscientised as regards the existence of the commission and its deliverables. The surge in women approaching the commission bears testimony to this observation.
MM: The Marriage Bill is yet to be signed into law, seven years since its promulgation, what’s your view on the delay considering it’s a piece of statutes that could help in reducing child marriages in the country?
VM: Firstly, progress must be made in law reform and progressive laws are a sign that a country is exercising good governance in terms of accountability as well as inclusivity, but I will also be quick to ascertain that coming up with a bill and finally laws is not a one-day event and there are justifiable excuses for the delays. We, however, continue to urge those in authority to expedite the consultation processes since the law will go a long way in addressing the various vices affecting women and young girls.
We are also buoyed by the fact that since the advent of the Bill our courts have stepped in expressing the much-needed judicial activism. It is commendable that the Constitutional Court in 2016 in Mudzuru and Another v Ministry of Justice, Legal and Parliamentary Affairs (NO) and Others (Const Application No 79/14, CC 12-15) [2015] ZWCC 12 (January 20, 2016), finally outlawed child marriage and struck down section 22(1) of the Marriage Act, which for years had allowed children under the age of 18 years to marry. The landmark ruling should be seen as a major victory in the fight against child brides and poverty. As it stands, our courts stand by that ruling and that is progress in terms of protecting, especially the girl child against early marriages. This does not, however, take away the essence of the full statutory criminalisation of the scourge which resides amongst the cocktail of harmful practices prejudicial to gender equality. Modalities are in place to continuously engage our traditional leaders and faith-based organisations, which still harbour these practices through a national inquiry and investigative research initiatives.
Whilst we await for Parliament to expedite finalisation of the bill to be put into law, there is a lot that can be done by all stakeholders, including the civic society, private and public sectors, the church and the communities at large. There is need for a whole of government holistic approach to ensure that there is an end to child marriages including but not limited to:
Increase initiatives to address the cultural, social, religious and economic factors that drive the practice. It begins with you and me protecting the child against child marriages. The law on its own will not be able to achieve much unless societies, churches, you and me remove the systemic barriers within our religions and cultures;
- Empower the girl child to stand up for her rights and report cases of such marriages;
- Ensure that all citizens are aware of this progressive development and also understand the laws in Zimbabwe that protect them; and
- Explore innovative strategies for full implementation of the policy on second chance education to make it work for young school dropouts, especially girls.
