(2017) 1 African Human Rights Yearbook
67
In several African countries, including Zimbabwe,33 women constitute
50 per cent of the population, meaning their full representation in
corridors of power and decision-making guarantees fairness, justice34
and represents a functional and sustainable democracy. Indeed, liberal
feminists generally locate the uniqueness of men and women in their
capacity for rationality.35 Representative democracy demands that
political and decision-making institutions and structures are composed
and representative of men and women. Expectedly, gender balanced
decision-making institutions and structures are poised to be efficient,
effective and responsive to the concerns and perspectives of all
segments of the society.
3
3.1
PRACTICES FOR IMPLEMENTING ARTICLE
9 IN ZIMBABWE
Constitutional reform
Since independence in 1980, Zimbabwe was governed by the Lancaster
House Constitution of 1979. This Lancaster House Constitution had a
limited Bill of Rights, which failed to adequately provide for women’s
participation in public life.36 At one point, Jessie Majome, a legislator
in Zimbabwe, described the Lancaster Constitution as one of the worst
constitutions in the world, due to its failure to provide for equality and
to protect women rights and needs.37 Amid numerous calls by feminists
for a new Constitution, Zimbabwe renewed the process of writing a
people-driven constitution, which was finally adopted in 2013. This was
an opportunity to incorporate the African Women’s Rights Protocol
into domestic law. However, the full incorporation of the African
Women’s Rights Protocol into the Constitution was limited by
Zimbabwe’s dualist approach to the implementation of international
treaties. This approach entails that international treaties ratified or
acceded to by Zimbabwe do not become self-executing upon ratification
or accession, but must first be domesticated through parliamentary
approval and be incorporated into domestic laws through an Act of
Parliament before they become binding.38
33 Zimbabwe National Statistics Agency (ZimStats) 2012 Census: preliminary report
(2012) 1.
34
J Squires ‘Quotas for women: fair representation?’ in J Lovenduski, & N Pippa (eds)
Women in politics (1996) 12.
35
R Tong Feminist thought: a comprehensive introduction (2009).
36
M Makonese ‘Women’s rights and gender equality in the new Zimbabwean
Constitution: the role of civil society in implementation and compliance’ in CM Fombad
(ed) The implementation of modern African Constitutions: challenges and prospects
(2016) 156-176.
37
M Zungura & EV Nyemba ‘The implications of the quota system in promoting
gender equality in Zimbabwean politics’ (2013) 3 International Journal of Humanities
and Social Science 2.
38
See section 327(2) of the 2013 of the Constitution of Zimbabwe.