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Zvobgo and Dziva/African Women’s Rights Protocol in Zimbabwe
Nevertheless, the 2013 Constitution endeavours to incorporate
provisions of the African Women’s Rights Protocol. Unlike the
Lancaster Constitution, the 2013 Constitution includes an expanded
Declaration of Rights that explicitly guarantees equal human rights for
women and men, including socio-economic and cultural rights, and
civil, political and electoral rights. Under section 80, the Constitution
affirms women’s right to participate fully in political, social and
economic affairs. Specifically, section 80(2) of the Constitution directs
the state to take measures to achieve the progressive realisation of
women’s economic, social, and political rights. A cohort of civil liberties
provided under the Constitution includes the right to vote, freedom of
assembly, expression, and association. These liberties are crucial for
the effective realisation of women’s equal political participation.
The Constitution requires the state to progressively ensure gender
balance in elective and appointive body members.39 Specifically,
section 17(b) mandates the state to take the necessary measures,
including legislative measures, 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 this constitution or any act of parliament’. In
this provision, the Constitution goes further than the wording of article
9 of the African Women’s Rights Protocol. Section 17(b) does not only
provide for equal participation of men and women in political and
decision-making processes, but goes further to obligate the state to
ensure that there is equal representation in different governmental
bodies, Commission and elective positions. The Constitution of
Zimbabwe should therefore be applauded for ensuring equal
participation of men and women.
The section of the Constitution further provides for national
institutions to ensure that women have equal access to resources such
as land. Under section 17(2), the state is directed to ‘rectify gender
discrimination and imbalances resulting from the past practices and
policies’. Clearly, in this respect the Constitution also goes beyond the
Protocol be extending beyond processes stipulated in the Protocol. This
move goes a long way towards ensuring gender parity outcomes in
national institutions. Indeed, national institutions re-constituted after
2013, including the Public Service Commission, the Zimbabwe Gender
Commission (ZGC), the Zimbabwe Human Rights Commission
(ZHRC), and the Local Government Board achieved gender balanced
Commissioners.40 In addition, the ZGC and the Zimbabwe Electoral
Commission (ZEC) have women chairpersons.41 Similarly, the
39
40
41
See sections 17 and 104 of the Constitution of Zimbabwe.
Gender Links (n 14 above) 36.
‘Gender Commission Appointed’ The Herald 30 June 2015.