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This article participates on the following special index pages:
16 Days of Activism Against Gender Violence, 2007 - Index of articles
Demanding
implementation, challenging obstacles
Irene Sithole
Extracted from Pambazuka News No. 330
November 29, 2007
Visit
the index of articles on 16 Days of Activism
http://www.pambazuka.org/en/category/comment/44709
In Zimbabwe,
violence against women continues to be a challenge with hardly a
day passing without at least one case reported in the media. Women
suffer violence in all environments including work place, the home
and the political arena. Domestic Violence is the most common and
pervasive form of violence against women in Zimbabwe. The problem
is exacerbated by the culture of silence around the issue coupled
with religious and cultural practices that condone violence particularly
domestic violence. The magnitude of the problem of domestic violence
spurred women's rights defenders to advocate for a law to
address domestic violence. The result of the advocacy was the enactment
of the Domestic
Violence Act (Chapter 5:16) (hereinafter referred to as the
Act), which came into force on 25 October 2007.
The question,
which should be uppermost in everyone's mind, is now that
the Act is in place what is next? For this reason the theme for
this year's 16 days of activism against gender based violence
could not have been more relevant for Zimbabwe. The Act has to be
implemented effectively and this can only be done by challenging
all the obstacles that may hinder effectiveness. The objective of
this paper is to analyse these obstacles and suggest some ways of
overcoming the obstacles. The writer has been involved in information
dissemination and development of implementation plans for the Act
hence the analysis will draw a lot on this experience. The writer
has identified three main challenges or obstacles to the effective
implementation of the Domestic Violence Act. These are
i) Resources
both human and financial
ii) Knowledge of the law and
iii) Negative attitudes towards the law
Resources
Effective implementation
of the domestic violence law will require a lot of resources. Awareness
programmes have already started and resource materials are required
for the programme. In disseminating information on the Act, people
need the actual Act for further reference. Others need simplified
versions and versions translated into their vernacular languages.
Beyond information dissemination, resources are also needed to put
in place certain structures that are provided for in the Act. Some
of the structures are domestic violence sections at all police stations
and safe houses for complainants of domestic violence.
Besides financial
and material resources, effective implementation of the law will
require manpower. The various government departments who have the
mandate to implement the law such as the police, the courts and
health officials should have adequate staff for complainants to
be assisted expeditiously. Zimbabwe as a nation is currently experiencing
the challenge of skilled manpower with most people living the country
in search of greener pastures. This means that new people have to
be trained to fill in the gap.
Overcoming the
obstacles of resources seems like an insurmountable task considering
the economic crisis that the nation is going through. However, the
obstacle can be overcome by prioritizing and applying a multisectoral
approach to resource mobilization. Given the high incidence of domestic
violence in Zimbabwe, it is argued that the issue deserves priority
in the national budget. The 2008 national budgets are currently
being prepared and this is an opportunity to factor in funding for
the implementation of the Domestic Violence Act. The state needs
to show its commitment to the elimination of domestic violence by
providing funds for the Act's implementation. However, one
needs to appreciate that the state alone does not have sufficient
funds hence the need for all stakeholders to combine resources to
fight the scourge of domestic violence. This means that the government,
civil society and the private sector all have to mobilize resources
and make a meaningful contribution in funding the implementation
programme. The resources mobilized can be used for information,
education and communication materials development setting up of
safe houses and training and capacity development of personnel.
Knowledge
of the law
Whilst sharing
the provisions of the Act with various stakeholders, the writer
has been amazed by the things which are said to be in the Act which
are not there. Unfortunately this lack of knowledge is not only
found in the receivers of information but even among resource persons
and facilitators disseminating the information. The distortion of
information could have arisen from the fact that when the law was
still in Bill form, all women's rights activists took it upon
themselves to raise awareness on the law among the public. While
this was good when one considers the area covered and the speed
with which the information travelled, the problem was that some
of the information disseminators had not seen the Bill. They just
passed on information, which they had heard from those who had the
Bill. Further to that, others who are without a legal background
did not interpret the provisions of the law correctly. The Bill
also underwent some amendments in Parliament. Some people continued
to disseminate the information in the original Bill without noting
the changes that had been effected in Parliament.
Since people
cannot utilize a law, which they do not know, it is imperative that
the advocates for this law and the implementers join hands in conducting
an intensive national awareness programmes. In carrying out this
awareness programme, those who have no legal expertise must ensure
that they involve legal experts so that beneficiaries receive correct
information. The implementers themselves i.e. court officials and
police officers ought to be trained so that they know what they
are supposed to do and how they are supposed to do it.
Negative
attitudes towards the law
The introduction
of this law has sent shock waves among cultural and religious circles
where it is viewed as usurping of husbands' marital power
by women. Some opponents even went further to attack the women who
were advocating for the law labeling them as divorcees and singles
seeking to destroy other people's marriages. The gatekeepers
argue that the family is sacred and the law should not interfere
in family matters. They contend that if there are any disputes between
husbands and wives, they should be solved through the cultural or
religious structures because the private should be separated from
the public.
Attitudes are
the greatest obstacles to the implementation of this Act because
usually they cannot be changed overnight. One has to keep pushing
and lobbying until change occurs. Some of the resistance stems from
ignorance of the law and therefore the religious and cultural leaders
need to be targeted with information in order for them to understand
that the law protects both men and women. However, involvement of
the cultural and religious leaders has to go beyond information
dissemination to a level where the leaders appreciate the benefits
of the law so that they can also influence acceptance among their
followers.
Conclusion
Despite these
obstacles this year's commemoration of 16 days of activism
against gender based violence is a time of celebration for Zimbabwe.
It has been a long road to have a domestic violence law in place.
The struggle went on for more than ten years but now the Act is
operational. We celebrate this achievement and we celebrate the
lives of those women who have put their reputation at stake to ensure
that the law becomes a reality.
* Irene Sithole
is the Gender Based Violence Programme Officer for Women's Action
Group, an NGO which advocates for women's rights in Zimbabwe. She
can be contacted by email at renesithole@yahoo.com
or irene@wag.org.zw
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