MIDLANDS STATE UNIVERSITY

FACULTY OF ARTS
DEPARTMENT OF DEVELOPMENT STUDIES
(MADS 702)

NAME : LANCELOT KASEKE

STUDENT NUIMBER: R1811975Z

QUESTION:- Examine the extent to which Zimbabwe has incorporated the main instruments of

the Convention on the Elimination of Discrimination Against Women (CEDAW) in its domestic

laws and the new constitution.

treaty that has often been called an international bill of rights for women because of its

comprehensive approach to gender equality. CEDAW addresses many discrimination issues

within three broad areas that is civil rights, legal status, and human reproduction and

discrimination occurs in overt and subtle ways that violate equality (Broshell, 2001). Obstacles

to full participation in society, impediments to prosperity, harm to families, diminished health,

and obstacles that prevent women from achieving their full potential can be the result of gender

inequity. For instance, women who live in poverty suffer disproportionately to their male

counterparts, because often the women sacrifice necessities and opportunities so their family's

essential needs are met. Economic systems that promote social equality can help women to

achieve their full potential as well as benefiting their families and communities. The mandate of

CEDAW is to formally acknowledge and guarantee the rights of women by requiring States to

incorporate the principles contained within CEDAW into domestic legislation and to adopt

measures to eliminate all forms and manifestations of discrimination against women. In this

regard, Zimbabwe is one of the nations that had gone some miles in incorporating the principles

of CEDAW through the enactment of laws and policies that addresses and curb the

discrimination of women in political, social, economic and cultural among other spheres.

According to the UN Convention on the Elimination of All Forms of Discrimination against

Women Report, (1979), the term discrimination against women mean any distinction, exclusion

or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying

the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis

of equality of men and women, of human rights and fundamental freedoms in the political,

economic, social, cultural, civil or any other field.

came into effect following the World War II, where the United Nations General Assembly

adopted several human rights agreements that recognize that every person is entitled to the same

rights without distinction. The International Covenant on Economic, Social, and Cultural Rights

and the International Covenant on Civil and Political Rights form a comprehensive human rights

framework and comprise what is informally known as the International Bill of Human Rights.

Despite this recognition of equity, the UN found that human rights guarantees were insufficient

to provide equal treatment for women. In 1946, a sub-commission of the Commission on Human

Rights was formed to address urgent problems faced by women, and to provide further

protections for women's rights. On June 21, 1946, the sub-commission was elevated to a full-

fledged commission, the Commission on the Status of Women (CSW). The Commission's

mandate was to implement the principle of gender equality and develop proposals to remedy the

immediate disparities between men's and women's rights. However, it became increasingly

apparent that, much like human rights, gender equity required comprehensive protection. In

1963, the General Assembly invited CSW through ECOSOC (Economic and Social Council) to

prepare a draft declaration, articulating the equal rights of men and women. The resulting

Declaration on the Elimination of Discrimination against Women was adopted on November 7,

1967. On July 17, 1980, 64 States signed the Convention, and on September 3, 1981 the

Convention became international binding law.

Zimbabwe is mandated by its 2013 constitution on section 12 (b) to respect International laws

and like other nations that have ratified CEDAW, Zimbabwe made some amendments in its 2013

constitution to include CEDAW provisions as well as incorporating the principles of gender

equity into various institutions with the idea of ending discrimination faced by all girls and
women. The constitution goes on to state on section 13(2), that measures for national

development must protect and enhance the right of the people, particularly the women, to equal

opportunities in development supported by section 16(1) and (2) which provide for the State to

promote full gender balance in Zimbabwean society, and in particular the full participation of

women in all spheres of Zimbabwean society on the basis of equality with men. This entails that

the government of Zimbabwe is advocating for a gender inclusive mantra in all spheres of

development in line with article 14(2) of the CEDAW which orders for State Parties to take all

appropriate measures to eliminate discrimination against women especially in rural areas in order

to ensure, on a basis of equality of men and women, that they participate in and benefit from

rural development and, in particular, shall ensure to such women the right to participate in the

elaboration and implementation of development planning at all levels and in all community

activities. Furthermore, the constitution, under section 16(c) articulates that the State and all

institutions and agencies of government at every level must take practical measures to ensure that

women have access to resources, including land, on the basis of equality with men and the State

must take positive measures to rectify gender discrimination and imbalances resulting from past

practices and policies. This was supplemented by the introduction of such approaches to

empower women in Agriculture and entrepreneurship through the launching of such programs as

Women in Agriculture and several financial institutions meant to offer financial capital

specifically for women population to start businesses.

Section 14 of the constitution of Zimbabwe provides for the Empowerment and employment

creation where sub-section 2 states that the State and all institutions and agencies of government

at every level must ensure that appropriate and adequate measures are undertaken to create

employment for all Zimbabweans, especially women and youths. Section 17 (1)(b) again
provides for gender balance where the state is entitled to take all measures, including legislative

measures, needed to ensure that both genders are equally represented in all institutions and

agencies of government at every level and women constitute at least half the membership of all

Commissions and other elective and appointed governmental bodies established by or under the

Zimbabwean Constitution or any Act of Parliament. This however contributed greatly in the

eradication of male domination in state public institutions whereby now women accounts for a

reasonable proportion of the total personnel in such institutions. This is in conformity with article

2(d) of the CEDAW which warns states to refrain from engaging in any act or practice of

discrimination against women and to ensure that public authorities and institutions shall act in

conformity with this obligation.

Article 11 of the CEDAW proclaim for member states to ensure gender equity at work places

through the observation of women's rights to same employment, opportunities, promotion, job

security, remuneration and equal treatment as also provided for in the Zimbabwean Labor

Relations Act of 1993. Subsection 2 of the same article goes on to emphasize the need to respect

the reproductive issues of women at work places including awarding maternity leaves with full

benefit and nursing periods. This was also cemented by the Labor Relations Act 1993 which

prohibits employers from discriminating against any prospective employee in relation to

employment on the basis of sex, race, ethnicity or HIV status. To address this fundamental

aspect, the government of Zimbabwe, through section 24(2)(d) of the constitution provides for

the state and all institutions and agencies of government at every level to secure the

implementation of measures such as family care that enable women to enjoy a real opportunity to

work. Also section 141 of the constitution provides for states parties to take all appropriate

measures to eliminate discrimination against women in the field of employment in order to

hand, this however prompt the mushrooming of community maternity ward centers by

government, especially in the rural areas where pregnant women receive maternity services at

affordable costs to cushion the women stresses associated with maternity related expenses.

The government of Zimbabwe went a step further in promoting the principles of CEDAW

through amending its constitution such that women are to contribute a certain reasonable

proportion in cabinet, house of assembly, provincial councils and various political systems and

structures. According to the Constitution of Zimbabwe 2013,Section 104(9(4) provides for the

president to consider gender balance in appointing Ministers and Deputy Ministers. Section

120(2)(b) clearly outline the need to include women in the senate when it highlights that

Senators are elected under a party-list system of proportional representation in which male and

female candidates are listed alternatively, every list being headed by a female candidate. In

addition to that, sixty women members are to be selected in the composition of the House of

Assembly as provided for in section 124(1)(b) of the constitution of Zimbabwe. This enabled the

women population to be represented accordingly in all political and public spheres where their

voices will be heard in decision making and policy formulation processes. This is in line with the

CEDAW article 7(b) which demands for State Parties to take all appropriate measures to

eliminate discrimination against women in the political and public life of the country and, in

particular, shall ensure to women, on equal terms with men, the right to participate in the

formulation of government policy and the implementation thereof and to hold public office and

perform all public functions at all levels of government.

To comply with the requirements of the CEDAW, government of Zimbabwe deemed it fit to

establish the Gender Commission of Zimbabwe which has the mandate to ensure that gender
equity and equality exists and violations of human rights related to gender issues are dealt with

accordingly. The functions of the Gender Commission of Zimbabwe are clearly highlighted

under section 246 sub-section (a) up to (i) where the Commission is empowered to take every

necessary action to promote gender equity. This was also in accordance with the National

Gender Policy which was formulated in 2004 with the vision of having a society in Zimbabwe

where there is economic, political, religious and social equality and equity among women and

men in all spheres of life and at all levels. The policy was and is still being implemented by the

Ministry of Gender, a ministry that was established again by the government of Zimbabwe to

incorporate gender equity issues.

Article 16 of the CEDAW demands for State Parties to take all appropriate measures to eliminate

discrimination against women in all matters relating to marriage and family relations and in

particular shall ensure, on a basis of equality of men and women the same right to enter into

marriage and the same right to freely choose a spouse and to enter into marriage only with their

free and full consent. Compliance to this fundamental demand is evidenced by the provisions in

the Legal Age of Majority Act 1982 of Zimbabwe that prioritize securing the rights of the

women as far as marriage issues are concerned. Before this law, African women and Zimbabwe

included, were regarded as perpetual minors therefore must subordinate to men and could not

make independent decisions regarding their lives (Gutsa and Tom, 2011). The implications of

such customary values and practices are that women will remain perpetual subordinates to men.

A situation of dependency creates and maintains poverty and blocks empowerment of the

subordinate groups. The Legal Age of Majority Act recognizes that both men and women are

equal human beings and on reaching 18 years they are both recognized as adults who can make

independent decisions.
Furthermore the enactment of the Matrimonial Causes Act (1987) of Zimbabwe which provides

for equitable distribution of matrimonial assets on divorce addressed crucial gender inequality

issues pertaining to the sharing of property after divorce. It is crucial to note that distribution of

matrimonial assets on divorce was determined by patriarchal relations in Zimbabwean societies

thereby disadvantaging the women mostly. The norms of distribution of assets were shaped by

patriarchy to the extent that most women went away with nothing else of value except clothes

and kitchen utensils. Core valuables were retained by the men regardless of the fact that the two

would have worked together to acquire the property. However the introduction of this act came

as a relief in addressing such abusive acts. Again the government of Zimbabwe amended

Maintenance Act (1989) which stipulates that a negligent non custodian parent must contribute

regularly to the maintenance of minor children in the custody of the other parent. Most men have

been impregnating women or abandoning wives and minor children and refusing to take

responsibility. The Maintenance act and the amendments to it make these practices illegal

regardless of the class, religious and political position of the individual. Abandoned women and

minor children have a legal right to receive maintenance as prescribed by the courts. These legal

provisions have deterrent effect on men and assist women to financially provide to their children.

To protect the women from several forms of abuse that may take place in the home environment,

the Zimbabwean government enacted the Domestic Violence Act (2007) which has the main

purpose of affording maximum protection to victims and survivors of domestic violence and to

also act as a preventative measure on domestic violence. It also seeks to protect women as it

seeks to criminalize such acts as abuse derived from any cultural or customary rites or practices

that discriminate or degrade women. This was effected after studies indicated an upsurge in

abuse of women in the home environment. According to the Zimbabwe Demographic and Health
survey (2005-6), 95% of victims of domestic violence are women and girls while 99% of the

perpetrators are men. 25% of women experience sexual abuse; 36% are physically abused; 57%

are emotionally abused and 8% reported that they experienced violence while pregnant.

In a nutshell, the demands of CEDAW are meant to address and promote gender equity and

equality within several spheres of development. The adoption and incorporation of the main

instruments of the CEDAW by Zimbabwe was implemented through the enactments and

amendments of several acts and the constitution at large as well as the formulation of policies

with the specific vision of eliminating discrimination against women. Boards, Commissions and

Institutions were established in Zimbabwe to implement the instruments of CEDAW. Women

were included in political structures and state institutions as provided for in the amended

constitution to represent the women population in policy formulation and advocating for

conducts related to women discrimination and abuse.

Boshell, C. (2001). Women's Rights, domestic Violence, and Recourse Seeking in Rural areas.
Sage Publications. London.

Constitution of Zimbabwe, Act Amendment (No. 20), Act, 2013

Domestic Violence Act. No.14/2007. Government Gazette

Gutsa, I and Tom, T. (2011). Gender and Development. Harare. ZOU Press.

Labor Relations Act 1993

Legal Age of Majority Act 1982

Maintenance Act (1989).

Matrimonial Causes Act (1987)

The National Gender Policy 2013-2017, The Republic of Zimbabwe, Ministry of Gender.

United Nations. (1979). General Assembly resolution report 34/180

United Nations. (2011). UN Convention on the Elimination of All Forms of Discrimination

Zimbabwe Demographic and Health survey (2005-6).