(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.

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