ZIMBABWE 'PROBABLY MOST ADVANCED DEVELOPING AFRICAN COUNTRY ON GENDER ISSUES', ITS MINISTER TELLS WOMEN'S ANTI-DISCRIMINATION COMMITTEE

WOM/1009
22 January 1998

Customary Laws/Practices Cited as Obstacles To Full Implementation of Anti-Discrimination
Convention

The Government of Zimbabwe was probably the most advanced developing African country with
respect to gender issues and demonstrated a strong political commitment to the advancement of
women, its representative said this morning, as the Committee on the Elimination of Discrimination
against Women began its consideration of Zimbabwe's initial report of its implementation of the
Convention on the Elimination of All Forms of Discrimination against Women.

Addressing the 23-member expert Committee, the Minister of National Affairs, Cooperatives and
Employment Creation of Zimbabwe, Thenjiwe Virginia Lesabe, said her Government's initiatives
included the setting up of national machinery for the advancement of women, appointing gender
focal persons in all ministries, and enacting relevant legal provisions. Despite such progress,
negative attitudes towards women, retrogressive customary laws and practices, and women's
ignorance of their rights continued to hinder the pace of achievement of gender equality, she said.
Even where women were aware of their rights, they were hesitant to use them for fear of
antagonizing their in-laws or male relatives.

Presenting an update of the Government's progress since the submission of its written report, the
Permanent Secretary of the Ministry of National Affairs, Cooperatives and Employment Creation,
Jonathan Zamchiya, said the Convention had been translated into two of the country's vernacular
languages, and had been simplified through life stories depicting the theme of each article, to ensure
that it was understood by everyone.

He added that sexual stereotyping was still prevalent in Zimbabwe, where women were still largely
viewed as full-time mothers and housewives and as dependent subordinates to men. However, in
the context of the harsh realities of structural adjustment programmes, gender roles were slowly
beginning to change, as more women joined the informal sector to supplement their family incomes.

The Committee, which monitors compliance with the Convention, welcomed Zimbabwe's report
and commended the Government for appointing a female Ombudsman. Its expert members sought
further information on whether her recommendations were legally binding and if the office had been
provided with more resources to carry out its increased functions of investigating human rights
abuses, including those relating to women rights.

While commending the Government for its progress in developing a new code regarding the
individual and the family, the experts noted that the task of developing such a code was a difficult
and delicate undertaking. It required adapting fairly backward cultural and social customs to new,
more progressive demands. They inquired if the 1997 constitutional amendment prohibiting
discrimination on the grounds of gender was having a real impact on customary laws, adding that
the amendment should supersede customary practice.

The Committee will meet again at 3 p.m. to continue its consideration of Zimbabwe's report.

Committee Work Programme

The Committee on the Elimination of Discrimination against Women met this morning to begin
considering the initial report of Zimbabwe (document CEDAW/C/ZWE/1 of July 1996), under
article 18 of the Convention on the Elimination of All Forms of Discrimination against Women. That
article provides for States parties to submit reports on legislative, judicial, administrative and other
measures adopted to give effect to the provisions of the Convention. (For background on the
session, see Press Release WOM/1003 of 16 January.)

The report, the first since Zimbabwe ratified the Convention in 1991, looks at the situation of
women in the context of the uneven and erratic growth of the country's economy; the negative
effects of drought over the last 10 years; and the overall decline in the economy and the reduction
of agricultural production -- the mainstay of the economy. The second part of the report examines
Zimbabwe's implementation of each article of the Convention and the failures and difficulties
encountered.

The report states that much has been done to promote equality and the advancement of women
and to remove discrimination against them, including the accession to human rights instruments,
addressing women's rights, the enactment of necessary legislation and the creation of a machinery
to deal specifically with women's issues. However, those measures are not enough to bring about
equality for women, the report acknowledges, adding that they must be accompanied by changes in
social attitudes, administrative practices and economic practices. In addition, active programmes of
public education and debate must also be encouraged.

"The Constitution of Zimbabwe prohibits discrimination on the basis of race, tribe, place of origin,
political opinions, colour or creed", the report goes on. The fact that gender is not mentioned as
one of the grounds on which discrimination is prohibited has facilitated the application of affirmative
action to further women's advancement in such areas as education and in appointments to high
public office. In spite of that, the Government is currently considering amending the Constitution to
expressly mention gender as one of the grounds on which the law or any person may not
discriminate.

According to the report, the Convention's provisions have, to a large extent, been incorporated into
the country's domestic law. Relevant national legislation was passed prior to Zimbabwe's accession
to the Convention and includes: the Legal Age of Majority Act of 1982, which gives women above
age 18 the legal capacity to marry or enter into commercial contracts; the Matrimonial Causes Act
of 1985, which allows for the equitable distribution of matrimonial property between spouses on
divorce; the Maintenance Act, and two other related acts, that give women the right to claim
maintenance from the father of their children; and the Infanticide Act of 1990, which creates the
offence of infanticide. In addition, there exists the Sex Discrimination Removal Act, which entitles
women to hold public office; the Electoral Act of 1990, that enables women to vote in elections;
and the Labour Relations Act of 1985, which prohibits discrimination by employers, also on the
grounds of sex.

Responsibility for advancing the cause of women has evolved over the past 15 years from a
Department of Women's Affairs in the Ministry of Community Development, in 1981, to a Ministry
of Political Affairs, in 1985, and subsequently to the Ministry of National Affairs, Employment
Creation and Cooperatives in 1992, the report continues. An Ombudsman's Office, which exists to
deal with grievances of the population in general, but also women's issues, reports that the most
common complaints by women are "delay in the payment of maintenance", those pertaining to
inheritance rights, sexual harassment and the division of property on divorce, as well as complaints
concerning unfair treatment in the workplace. According to the report, the Government is
considering recommendations for the extension of the power of the Ombudsman to include
investigations of alleged human rights abuses. If that is approved, women could take advantage of
that office to achieve full protection, implementation and promotion of their rights.

Non-governmental organizations (NGOs) have supplemented the work of the Government's Unit
for Women in Development, the report states. Many of the more than 670 registered NGOs have
campaigned for women's rights by taking a welfare approach or promoting income-generating
opportunities and adult literacy. More recently, there has been a shift in emphasis to issues such as
legal research and education, networking women's enterprises, advocacy, and providing counselling
services for HIV/AIDS victims and victims of domestic violence and other marital problems. There
has also been an improvement in the accessibility of information to women in rural areas.

The report states that, according to the 1992 census, the largest percentage of women in
Zimbabwe are based in the rural areas and, in one way or another, are connected with agriculture.
Women form the largest number of inhabitants on communal land (2.8 million as compared with 2.4
million males), small-scale commercial farms and resettlement areas. It is clear, therefore, that they
suffer the most from the poor performance of the agricultural sector. Women comprise about one
quarter of the total paid employees, and there are more female than male "own account workers"
and "unpaid family workers". In view of the fact that there are more males in Zimbabwe who are
economically active than females, it is the women who tend to be economically dependent on men.
The report adds that "Zimbabwe is mainly a patriarchal society and has traditionally placed little
recognition and value on women's participation outside the home".

According to the report, rural women in Zimbabwe are likely to be subject to high mortality rates
as a result of the unequal distribution of health facilities, lack of or low levels of education and poor
diet. As a result, in 1995 the Government stopped charging for health services in rural areas. Its
intention to improve those services has been hampered, however, by the lack of funds, personnel
and resources. Rural women also face problems of lack of access to, and control over, the land,
particularly communal land - owned by the State -- and very few women can afford to buy
freehold land. Much more needs to be done to resolve the problem of unequal access to land for
the disadvantaged, most of whom are women. A new Ministry of Lands and Water Development is
now addressing the problem of an equitable distribution of land.

Rural women also face poor housing, lack of electricity and sanitation and limited access to water,
the report states. However, there have been attempts to improve the water and sanitation situation
through an integrated water and sanitation programme, which is being implemented in 40 out of

60 districts in the country. The committees managing the projects at the local level are dominated
by women. No specific social security programmes exist for the rural population, but the
Government attempts to alleviate their suffering by such means as the distribution of relief food in
the drought years, as well as seed and fertilizers for drought recovery. Support is also provided to
the rural population by programmes such as the Social Dimensions Fund, which assist with fees for
health services and for schooling. In addition, in some areas rural women have organized
themselves into self-help groups and cooperatives and participate in village and ward development
committees.

The report states that women in Zimbabwe could benefit most if credit institutions were created
specifically to assist women. Although no law prohibits women from acquiring loans from banks or
other financial institutions, they are not always willing to grant credit to women without asking their
husbands' assistance. Some progress has been made to grant women access to rural financial credit
schemes. However, assistance to women entrepreneurs is limited and is mainly directed at women
in the formal sector.

To alleviate the problem of lack of finance for their income-generating projects, women have
started "saving clubs", which are an example of grassroots initiatives and self-help financing
schemes, the report goes on. About 67 per cent of small-scale enterprises in the informal sector are
run by females. However, most of them lack entrepreneurial skills and adequate finance -- which
are hampering their development. The Government is trying to assist through, for example, the
promotion of skills training and loan schemes, the report adds.

Marriage relationships in Zimbabwe are governed by general and customary law, according to the
report. There are three types of marriages -- civil marriages, registered customary marriages, and
unregistered customary marriage. Civil marriages are contracted under the Marriage Act and are
monogamous. Under the African Marriage Act, marriages can only be contracted by "African"
Zimbabweans and is governed by customary law. The third type of marriage, the unregistered
customary marriage, is considered by law as invalid except in certain specific purposes such as the
status and rights of children of such marriage.

Regarding women's participation in public life, the report states that for the period 1990-1995, of
the 150 members of Parliament only 17 were women. Of the 17, four were appointed by the
President and one was ex- officio. For the period 1995-2000, based on elections held in 1995, 21
members of Parliament are female, of which two are appointed by the President and one is ex-
officio. Efforts have been made at the grass-roots level to get women involved in political and
administrative structures by increasing their membership and participation in Ward Development
Committees.

The report concludes that to date few people in Zimbabwe have any idea of what the Convention is
about, what it implies for Government and other organizations. In most of the ministries and
organizations that were approached for information for the compilation of the report, officers had
never heard about the Convention. Given the general ignorance of civil servants, particularly, the
Government recognizes that it is incumbent upon it to embark on a vigourous information campaign
to appraise the civil service about its responsibility towards fulfilling provisions of the Convention.

The Convention has not been translated into local languages and very few people are aware of the
fact that the country has ratified it, the report states. The media has not adequately covered the
Convention, its provisions and implications for the people of Zimbabwe, in general, and
Zimbabwean women, in particular. In addition, data and statistics on the economic, social and legal
status of women must be compiled on a gender basis to monitor the situation of women in
Zimbabwe -- which has only just started, it concludes.

Introduction of Report

THENJIWE VIRGINIA LESABE, Minister of National Affairs, Cooperatives and Employment
Creation of Zimbabwe, said that since independence, her Government had demonstrated a strong
political commitment to the advancement of women. Its ratification of the Convention in 1991 was
seen as a natural step towards eliminating all forms of discrimination against women.

"I do not hesitate to say that my Government is probably the most advanced developing African
country with respect to gender issues", she said. The Government had established a national
machinery for the advancement of women, appointed gender focal persons in all line ministries,
ensured that all individual government departments took account of women's concerns, established
an interministerial committee on human rights and enacted relevant legal provisions. Its commitment
was reflected in its policies, directives and pronouncements.

Nevertheless, the Government was mindful of the fact that obstacles still slowed the pace to the
achievement of gender equality. Those included negative attitudes towards women and their
capabilities, as well as some retrogressive customary laws and practices which did not support their
advancement. Furthermore, women remained ignorant of their rights. In cases where they were
aware of those rights, they were hesitant to use them for fear of antagonizing their relationships with
their in-laws or male relatives.

Despite those setbacks, the situation of women continued to be addressed by the Government and
other actors in various ways, she said. The National Programme of Action for Women and Vision
2020 represented the thrust of the Government's commitment to the advancement of women. The
Government was resolved to maintain and continuously review policies aimed at improving the
situation of women and empowering them.

The oral presentation of the country's report was the product of a broad consultative process
involving stakeholders, particularly non-governmental organizations and research institutions
involved in gender and development issues, she said. They included the Legal Resources
Foundation, Women and Law in Southern Africa, the Institute of Development Studies, Women in
Law and Development in Africa, and Women's Action Groups.

She cautioned against giving credence to the observations by some organizations which led to the
conclusion that Zimbabwe was not interested in the Convention or the broad issue of gender. Such
observations were only their perception and did not reflect the Government's position. The need to
continue to focus on gender balance and for practical actions to achieve gender equality remained a
top priority of the Government of Zimbabwe.

JONATHAN M. ZAMCHIYA, Permanent Secretary of the Ministry of National Affairs,
Employment Creation and Cooperatives of Zimbabwe, provided the Committee with an
article-by-article review of the implementation of the

Convention, updating the information provided in the report. He said that prior to 1997, the
Constitution was silent on the issue of gender discrimination. It had now been amended explicitly to
prohibit discrimination on such grounds.

The main thrust of the national machinery for the advancement of women has been to include a
gender perspective in all government policies, programmes and projects, to provide policy
guidelines to stakeholders and to monitor the status of women, he said. In addition, an
interministerial Committee on Human Rights, chaired by the Ministry of Justice, Legal and
Parliamentary Affairs, advised the Government on issues pertaining to ratifications of human rights
instruments.

Women who suffered from discrimination on the grounds of gender could seek redress in the courts
and from the office of the Ombudsman, he said. By a 1997 act, the Ombudsman's powers had
been extended to include investigations of human rights violations. The Government had established
"victim-friendly courts" to protect such vulnerable witnesses as women and children, who were
allowed to give evidence from a separate room -- especially in cases of child abuse and rape. Since
their establishment, more cases of child abuse and rape were being brought before the courts.

The exact figures regarding violence against women were not known since most cases went
unreported, he said. However, more cases were being reported because a more supportive
environment existed. The majority of police officers handling such cases had been trained in gender
sensitization. The Ministry of Justice would be carrying out a study on the existing laws dealing with
violence to establish whether it was necessary to enact relevant legislation. The Government
believed that the key to successful implementation of the Convention and the Beijing Platform of
Action would involve policy appraisal and gender mainstreaming in all sectors. The Government
was therefore in the process of developing a national gender policy, for which consultations were
currently taking place.

On affirmative action to promote gender equality, he said progress had been slow in redressing the
historically based inequalities that existed in almost all sectors. Much more needed to be done to
fully realize equality. Sex stereotyping attitudes were still prevalent in Zimbabwe, with women still
largely viewed as full-time mothers and housewives and dependent subordinates to men. Men were
still considered to be the breadwinners and household heads responsible for women and children --
despite the fact that, with the rising numbers for separations, divorces and widowhood, about 35
per cent of households were headed by women.

Women still found social, cultural and economic institutions in Zimbabwe to be hostile to the
adoption of non-traditional behaviours and roles by women, both within and outside the
households, he said. In the context of the harsh realities of structural adjustment programmes,
gender roles were slowly beginning to change as more women joined the informal sector to
supplement their family incomes.

Mr. Zamchiya said his Government had embarked on a programme to review all school textbooks
for gender responsiveness, beginning with primary schools. On another issue, he said that
prostitution was common in Zimbabwe. It was a matter of concern that the Government had been
slow to respond to the practice of punitive measures being taken against women for soliciting for
purposes of prostitution, but not against men for buying sexual services. The Government had taken
action to redress the situation in which most of the public offices were still held by men. Affirmative
action was being taken to ensure that at least 25 per cent of rural council positions would be held
by women by the year 2000.

The granting of citizenship to foreign male spouses of Zimbabwean women was no longer an issue
since an amendment to the Constitution in 1996, he said. The same qualifications required for male
foreign spouses to qualify for citizenship now applied to female foreign spouses. An affirmative
action policy was introduced by the University of Zimbabwe in 1995, leading to increased
enrolment of women from 26 per cent in 1995 to 36 per cent in 1996. The high drop-out rate of
girls in secondary schools remained a problem. As a result of a high court judgement that it was
discriminatory to expel pregnant student-teachers, those concerned were now being allowed to
continue with their studies.

Discrimination against women still existed in various occupations and professions, even though
women were free to pursue any profession, he said. National policy was geared to achieving health
for all by the year 2000. It sought to allow access to health services to everyone regardless of
gender. However, gains made in the health sector were being eroded by the HIV/AIDS pandemic,
which had increased the burden of work on women, who were the majority caregivers and might
also be battling with their own debilitation by AIDS. Male motivation programmes were in place to
ensure that women did not shoulder the responsibility of birth control on their own.

He went on to say that rural women were still disadvantaged in comparison to their urban
counterparts. He said that every person was entitled to equal protection under the law, and women
could sue and be sued in their own capacity. However, there had been complaints, particularly
from women's groups, that cases of violence against women -- such as wife-beating and rape --
were treated lightly and that lenient sentences had been imposed on the offenders. It was
anticipated that the implementation of the Legal Aid Act of 1997 would benefit women, providing
them with assistance for legal fees.

Many women still had little say on important issues in marriage, despite the introduction of laws that
gave them more say in their marriages, he said. On divorce, women married under the general law
and those in registered customary unions had the right to share in the matrimonial property, and the
women were entitled to maintenance. Since 1997, under customary law, the surviving spouse and
the children of deceased persons were considered beneficiaries of the spouse's property.
Furthermore, the surviving spouse subjected to customary law had a right to inherit from an
intestate deceased spouse. Those changes were truly revolutionary and were in keeping with the
dictates of modern-day life. He commended NGOs for cooperating with the Government on that
issue. Local NGOs had also formed an alliance with parliamentarians to lobby on several issues for
the advancement of women. In addition, the national machinery had prepared a list of statutes
which did not conform to the Convention. The Convention had been translated into two vernacular
languages -- Shona and Ndebele. The Convention had been further simplified, through life stories
depicting the theme of each article, to ensure that it was understood by everyone.

General Comments

The Committee Chairperson, SALMA KHAN, thanked the delegation of Zimbabwe for its very
precise and frank oral presentation, and for bringing such a high-level delegation to the Committee.
Several experts joined her in commending Zimbabwe's ratification of the Convention without
reservation so shortly after independence. Even long before ratification, the Government put in
place a national machinery aimed at the advancement of women, which many highly developed
countries did not have, they said. Yet, even with that bold achievement, it took almost 11 years
after independence to ratify the Convention.

Several experts applauded the amendment to the Constitution prohibiting gender-based
discrimination. They expressed their awareness of the extremely difficult work being done by the
Government of Zimbabwe to ensure implementation of the Convention. They also recognized that
Zimbabwe was a country with deeply rooted conditions which relegated women to a secondary
role. They understood the increased oppression of women during the colonial period, which had
lasted for centuries. However, Zimbabwe had achieved independence with the very active
participation of women. Such efforts and the achievements made thus far were to be congratulated.

It was clear that there was a real political will within the Government to carry out the very difficult
task of achieving gender equality, many experts said. The participation of the NGOs was
considered extremely important to those efforts. Questions were raised concerning their relationship
with the Government and on the structure of the Government itself. For example, more information
was sought on the relationship between the various government ministries.

Other experts praised the many innovations and legislative reforms aimed at heightening awareness
of women's issues, which culminated in the drawing up of a clear strategy and plan of action to
promote women's rights. Some experts asked for more information on the drafting of the national
report.

Attention was also drawn to the new code regarding the individual and the family. Concern was
expressed that the co-existence of customary and modern law was very difficult to manage in
countries like Zimbabwe. In African countries where the illiteracy rate was high and traditions were
firmly anchored, the final stage of developing such a code was a difficult and delicate undertaking. It
required adapting the "fairly backward" cultural and social customs to new, more progressive
demands.

The appointment of a female Ombudsman was the focus of considerable attention. Many experts
commended the Government for the creation of that office and sought further information on what
happened to the Ombudsman's recommendations. For example, were they legally binding? Given
its increased mandate to look into human rights issues, was that office provided with more
resources, more people and more money?

Several experts cited as positive the establishment of a national machinery for advancing the status
of women. They asked about the actual structure of the national machinery and whether it benefited
women in all areas of the country, rather than just the cities. One expert expressed concern that the
movement of that office from one ministry to another might hamper its effectiveness.

Questions were also asked about how the Government envisaged accelerating gender equality in
the areas of both public and family life. The experts also sought information about how the present
political unrest was affecting the lives of women and children. As women were often "the first and
worst victims" of economic and political unrest, what was being planned to help them? one expert
asked. Another expressed concern about whether the constitutional amendment outlawing
gender-based discrimination was having a real impact on customary laws. Experts drew attention to
the initiation by as many as 50 NGOs of various women's programmes, and expressed the hope
that there would be close cooperation among them. One expert congratulated the many women's
groups which had participated in the Government's consultations prior to the Committee
presentation. Such input had clearly provided the Committee with a fuller, richer picture of the
status of women in Zimbabwe. Appreciation was expressed for efforts to popularize the
Convention by translating it into a number of vernacular languages and distributing it across the
country.

One expert asked for an updated report which would better address the question of violence
against women, including the role of culture and traditions in justifying such violence. The report
itself noted that such traditions "directly and indirectly hamper women's advancement", she said.
How were policy reforms being accepted or rejected in the communities, particularly by the men?
How would customary laws, which got in the way of ensuring advancement of women in such areas
as marriage, property ownership and inheritance rights, be addressed? she asked.

Comments on Specific Articles Addressing the implementation of article 2, on legal and
administrative measures to eliminate discrimination, an expert said the constitutional and legislation
reforms would give women great strength and credibility in their activities and claims. Some laws,
however, had "somehow slipped backwards" and were no longer current with the evolution of
women in Zimbabwe -- or in line with international texts. While new laws reinforced the legal
structure, women were still hampered by customary laws and their lower ranking in society.
Widespread common law marriages, for example, did not fall within the context of any legal
structure. The laws needed to be harmonized and brought into line with the Convention. Their
influence needed to move beyond the scope of traditional laws and customs, which were still
obstructing women's progress.

Also in the area of common law marriage, an expert said that the laws pertaining to the division of
property applied only to registered marriages. She asked whether any attempts had been made to
bring unregistered marriages in line with registered marriages in that regard, and whether
unregistered marriages had been recognized for the purpose of custody.

Taking up article 3, on the full development and advancement of women on an equal basis with
men, one expert said that since Zimbabwe's independence, a whole series of laws relating to
women had been formulated. She asked what was being done to bring those laws in line with the
Convention and to ensure its implementation.

Addressing article 4, on temporary measures to accelerate de facto equality between men and
women, an expert praised the Government for taking a whole series of special interim measures
towards the promotion of gender equality. That was not only rare in African countries, but was not
very prevalent in other regions. For a country that had freed itself from colonialism and was now
facing economic difficulties, the efforts made by its Government were highly commendable.
However, owing to the strong hold of traditions and customs, its work on advancing the status of
women was very difficult and arduous.

Owing to the great structural and historical inequality between men and women in Zimbabwe, there
was an urgent need to institute temporary measures, one expert said. They should be applied in all
areas where there was a great disparity between the sexes. She urged the Government to further
investigate the ways in which affirmative action policies could be applied to hasten the pace of
equality, including the possible use of a quota system. Given the large number of unemployed
female heads of household, could the Government utilize article 4 to assist marginalized women?
she asked. Under article 5, on stereotyped images of men and women, an expert asked whether
any media campaigns were being undertaken to change those stereotypes and whether they were
particularly directed to regions and groups where detrimental customary practices prevailed. As an
outcome of structural adjustment policies, more women were now entering workforce in the
informal sector, which was discriminatory against women. Was the Government sensitive to that
type of discrimination and were efforts being made to cushion that extremely difficult situation?
Finally, what was the Government's attitude towards polygamy, and what was the extent of that
practice?

Another expert stressed the responsibility of the Government to raise awareness with respect to
social reform. She sought an explanation regarding information she had received from NGO
sources about the pervasive phenomenon of violence against women, including the stripping of
women in the streets. She also requested updated information relating to rape, sexual harassment
and female genital mutilation. How was the Government dealing with such problems? Was it
sheltering women victims of domestic violence and offering programmes to change the attitudes of
men? she asked.