By Robert Tapfumaneyi
The Zimbabwe Women Lawyers Association (ZWLA) has urged Zimbabwean women to vote yes in the coming constitutional referendum.
“Today ZWLA takes a bold apolitical stance in the interest of Zimbabwean women and girls, and announces its support for the draft constitution,” said Mrs Emilia Muchawa, director of ZWLA.
She added that ZWLA has analysed the draft and realised that it is not 100% perfect but 75 of the demands coming from women groups, identified as minimum demands at the onset of the constitution making process, have been incorporated into the draft.
Under the current Lancaster Constitution, women’s challenges include being marginalised and unequal participation, limited prevention of violation of rights, limited protection of rights and minimal promotion of women’s rights.
From the gender audit of the new COPAC draft constitution, it is clear that there is provision of a solid framework for the protection and promotion of women’s fundamental rights and freedoms.
“It also makes provision for women’s participation in the political and other developmental processes of the country whilst providing for prevention of violation of rights…It is comparatively better than the current constitution.”
The draft constitution has many positive aspects that address historical gender imbalances including a focus on the laws and policies that discriminate against women and girls. Since time immemorial women have had to cope with discriminatory laws, policies and practices in Zimbabwe, something that has not been adequately addressed in the 19 times the current constitution (Lancaster House) has been amended.
Muchawa said: “For this reason, we celebrate the anti-discriminatory clauses in the draft constitution and the equality principle. With a framework in place, we are expectant that attitudes and practices that discriminate against women will become a thing of the past.”
Some of the positive aspects in the draft constitution that women are celebrating relate to the provision of a wide range of socio-economic rights, which will ensure women’s participation, respect, promotion and protection of women’s rights. Some of these rights include the rights of women in the area of employment, the right to education, the right to health including reproductive health, social welfare, property rights and land rights.
The draft constitution also makes provision for the protection of rights of other groups such as children, the elderly and differently-abled people.
Muchawa also said they are pleased to note that women will be protected from harmful cultural practices such as pledging for appeasement of avenging spirits (kuripa ngozi).
She added: “Whilst these practices have been outlawed by the Domestic Violence Act (Chapter 5:16), they have not been outlawed by the current constitution, and this has in the past disproportionately impacted on women’s socio-economic and cultural development.”
The draft also provides for bodily integrity and security of women, thus protecting women from all forms of violence such as domestic violence, public violence and sexual violence.
Where necessary, there will be temporary special measures known as affirmative action to correct past imbalances and ensure that men and women have equal access to opportunities and resources. A specific gender commission will be created to have oversight on gender equality issues.
These are some of the developments that will go a long way in improving women’s socio-economic status as well as ensuring the respect, protection and promotion of their political, cultural and socio-economic rights and fundamental freedoms.
The above advancements are placed within a progressive governance framework that provides for separation of powers alongside checks and balances. It is hoped this will facilitate the enforcement and implementation of the constitutional guarantees, making them a reality for the women of Zimbabwe.
Muchawa concluded: “The women of Zimbabwe will have a lot to lose if the COPAC draft constitution does not sail through as it addresses the challenges women face in their daily lives, hence we support it.”
