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Impact of Legislation on HIV/AIDS in Zimbabwe
SAfAIDS Discussion Forum Review
Southern Africa AIDS Information Dissemination Service (SAfAIDS)
September 17, 2002

At the SAfAIDS monthly discussion forum (July 2002), Dr Val Ingham-Thorpe, Director of Veritas Trust discussed selected legislation and the legislative process in Zimbabwe and how it impacts on the spread of HIV and AIDS, as well as the efforts by civil society to ensure that legislation does not increase the risk of infection.

The following legislation was examined:

• The Sexual Offences Act
• Children’s Act
• Deceased Estates Act
• Class Action Act
• Land Acquisition Act
• Finance Bill and
• National Service (no legislation)

Some current and recently enacted laws in Zimbabwe have mixed impacts on the spread of HIV and AIDS in the country. While in some ways the laws have helped in protecting the vulnerable from infection, in other ways they have put them at risk.

The Sexual Offences Act (SOA)
The Sexual Offences Act makes marital rape an offence thus making it clear that women have the right to say yes or no to sex whether in a marriage or not. Traditionally non-consensual sex in a marriage was not considered as rape. There is need to realize that women own their bodies and have a right to say no to sex. Women and children are especially susceptible to sexual abuse and the risk of HIV infection. While the SOA offers stiff penalties for child trafficking, abuse of the intellectually disabled, rape in a marriage, few test cases have been taken to court as a result of the legislation.

The Children’s Act (formerly The Children’s Protection and Adoption Bill)
The Children’s Act provides for the protection, welfare and supervision of children and juveniles. However mechanisms for adoption and guardianship provided for in the Act are not coping with the millions of children orphaned as a result of the AIDS pandemic. The Act also makes stiff penalties for not sending children to school, but does not take into account the economic burden placed on most families by HIV and AIDS. There is need for a more up –to- date and comprehensive Children’s act that harmonises all the legislation on children

The Deceased Estates Act (DEA)
The Deceased Estates Act provides for Maintenance out of the estate of a deceased person for certain members of his/her family. Amendments to the Deceased Estates Succession Act and the Deceased Persons Family Maintenance Act saw the inclusion of provisions that benefit wives and children better than before. However, the relevance of DEA in the context of HIV and AIDS is limited. For example it does not put into consideration defacto guardians and grandparents who may be the only surviving guardians of children. Furthermore the justice delivery system has not been able to thoroughly enforce the law.

The Class Action Act (CAA)
The Class Action Act is designed to assist a group or groups of people to take collective legal action to initiate change. This Act can be used to lobby authorities to initiate legislation that takes the interests of people living with AIDS into consideration. Unfortunately not many people are aware of this law. For example, when government set up the National AIDS Council, there was little consultation with all the stakeholders, especially people living with AIDS.

The Land Acquisition Act (LAA)
The enactment of this legislation and subsequent implementation of its provisions resulted in large movements and displacement of people. The resettlement of large numbers of people was accompanied by regrouping of family units and new, often unsafe sexual relations, which exposed children and women to risk of HIV infection.

Important Pending Legislation

The Finance Bill (Or the Budget)
It is important to ensure that enough financial resources are channelled towards the needs of people living with HIV and AIDS. The pandemic is a serious threat to the economy and security of the country. Any delays in allocating resources towards HIV and AIDS programmes will have grievous damage to the country.

National Service
The ongoing National service entails the gathering of youth from different parts of the country with diverse social and cultural backgrounds. These youth are in the age group (about 18-25 years), which has some of the highest HIV-prevalence rates. There are no mechanisms to protect girls and young women who may be forced into unfamiliar and probably military-type environments or used to provide sexual services for men. Should this become legislation this pattern will continue to exist.

Individuals and civil society should contribute to the processes leading to the enactment of legislation. A number of basic steps should be followed to lobby Parliament in the law formulation process.

WHAT CAN YOU DO?

• Know the legislation and proposed amendments to current legislation and their impact on the spread of HIV.
• Create appropriate conditions so as to elicit public opinion and debate.
• Form small and focused lobbying groups to ensure that HIV and AIDS issues are presented to legislators in a clear and informed manner.
• Ensure legitimacy of the legislators and the legal process.
• Know your members of Parliament as well as the various Parliamentary Portfolio Committees to know where to direct issues of concern.(e.g. lobbying for change or enactment of legislation)

RESOURCES

Visit the SAfAIDS fact sheet

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