68 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.

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