Advocating and Lobbying for Legislation Against Domestic Violence Using the Rights Based Approach Paper Presented by Netsai Mushonga, National Co-ordinator of Women

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Advocating and Lobbying for Legislation
Against Domestic Violence Using the Rights Based
Approach Paper Presented by Netsai Mushonga,
National Co-ordinator of Womens Coalition of
Zimbabwe(WCoZ)
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What is WCoZ

• Network of prominent women rights activists and
  forty (40) womens organizations with national
  structures.
• A forum where women meet to engage in collective
  activism
• Central role is to provide a focal point for
  joint
• WCoZ brings females from diverse backgrounds to
  collectively advocate for the attainment and
  enjoyment of their rights.

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What is WCoZ

• Organisational members of the Coalition work in
  diverse fields including health
• legal aid
• access to education,
• gender based violence, torture,
• skills training, poverty reduction,
• research, property rights and
• governance issues.

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What is WCOZ

• The Coalition has chapters in Bulawayo,
  Masvingo, Gweru and Mutare and is about to embark
  on constituency building exercise to establish a
  chapter in provinces of Zimbabwe
• Women face insurmountable challenges and the
  trick is to approach issues together. There is
  power in numbers.

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Goal of WCoZ

• Full and equal enjoyment of rights and freedoms
  by women and girls

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Purpose of WCoZ

• To achieve gender equity and equality through the
  creation of a forum and space for women to meet
  in solidarity, for the initiation of and
  participation in strategies and actions for
  collective lobbying and advocacy, information
  sharing, monitoring and evaluation of womens
  achievements.

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Key Result Areas (KRAs) of WCoZ

• Co-ordination
• Provide a focal point for activism that brings
  women from diverse backgrounds to collectively
  advocate for the attainment and enjoyment of
  their rights.
• Mobilize women and build their capacity to
  articulate their demands.

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KRAs of WCoZ

• Lobbying and advocacy
• Undertake researches on topical issues affecting
  women.
• Lobby targeted policy makers.
• Mobilize women to engage in local level lobbying
  and advocacy.

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KRAs of WCoZ

• Fundraising
• Seek innovative ways of fundraising internally
  and externally.
• Information and publicity
• Facilitate information exchange among members and
  the public
• Profile the WCoZ through disseminating
  information on member activities and that of the
  WCoZ

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KRAs of WCoZ

• Strategic alliances and partnerships
• Establish and strengthen existing
  networks/alliances nationally, regionally and
  internationally
• Mobilize international womens networks to
  support identified issues in Zimbabwe
• Participate in international campaigns affecting
  women and girls

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Priority areas of WCoZ

• Support enactment of legislation to protect the
  rights of women and girls
• Awareness raising on positive living and access
  to treatment
• Retention and facilitation of girl child
  education through intervention
• Advocacy and lobbying around issues of Operation
  Murambatsvina/Restore Order

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Culture of violence against women project 1996 -
2006

• International, regional and national instruments
  that support demands to prevent and address GBV
• International Bill of Human Rights
• Convention against Torture and other Cruel,
  Inhuman or Degrading Treatment or punishment 1984
• 1997 SADC Declaration on Gender and Development
• 1993 United Nations Declaration on Violence
  Against Women
• CEDAW 1979

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Continued

• African (Banjul) Charter on Human and Peoples
  Rights (1981)
• AU Protocol on Womens Human Rights (2003)
• National Gender Policy (2004)

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The Origins of Womens Movement

• 1980 women rights NGOs sprung up in large numbers
  in response to rampant gender discrimination and
  inequality.
• Pre-independence women organised in economic
  empowerment groups
• Did not challenge the status core.
• Pre-1980 women minors and did not own property
• KWA, Ruwadzano, Savings Clubs
• Position of women challenged by their
  participation in the liberation struggle
  alongside men.

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Origins contiued

• WAG militant rights organisation
• Set up in1983 in response to harassment and
  limited freedom of movement of women
• Dramatized when 6000 women were arrested by the
  police for walking during the night under the
  infamous, Operation Chinyavada.
• Musasa Project was set up provide counseling to
  abused women in 1988.
• ZWRCN, WILDAF, WLSA, WASN, ZWWA were formed to
  challenge the status quo and demand women and
  girls human rights

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Origins continued

• Huge strides made from 1980 -1995 in economy
• Women had access to education and made inroads in
  proffessional fields
• Womens movement became stronger and stronger.
• Sense of sisterhood grew
• National Conventions were held for women and
  sharing and strategic planning for the womens
  movement.

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Legislation passed to support womens human rights

• The Legal Age of Majority Act - 1982
• The Inheritance Act
• Equal pay Act
• Labour Relations Act
• Matrimonial Causes Act
• Constitutional Amendment number 14
• Constitutional Amendment number 17
• Sexual Offences Act

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The Culture of Violence Against Women Project

• The Culture of Violence Against Women Project
  started in 1996
• Musasa made an Action Research (AR) by
• AR interviewed a representative sample of one
  thousand (1000) women of 16 years and older
• The AR was held in the Midlands Province where
  women of all languages and ethnicities are found.

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Aims of the Research

• Find the gravity of the problem of domestic
  violence
• Discover effectiveness of traditional/social
  methods of dealing with the problem
• Effects of domestic violence on women and the
  society in general
• Raise awareness of the illegality of domestic
  violence under international law
• Investigate possible ways of addressing the
  problem from the affected population
• Use the research to inform activities to prevent
  and stop domestic violence in Zimbabwe

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Findings of the research

• AR found domestic violence (DV) was rampant
• DV was impinging on womens human rights to
  security, freedom, economic wellbeing.
• Research revealed that 42 of women
  mental/psychological violence,
• 39 suffer economic violence, 37 suffer
  psychological violence,
• 32 suffer violence of a physical nature.
• Sample of 1000 women interviewed only 15 of the
  women were not suffering any form of violence.
• AR showed women were suffering gruesome violence
  at the hands of their partners and families.

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Participation and Consultation

• The women and communities who participated in the
  AR recommended that Zimbabwe should have a law
  that addresses domestic violence.
• Musasa Project shared the results of the AC with
  other womens NGOs, government and civic society.
  
• The Womens Coalition of Zimbabwe decided to take
  up the issue for advocacy and lobbying at the
  national level.

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Participation and consultation

• 2nd phase was a nationwide consultation of all
  stakeholders by Musasa Project.
• These included soliciting input from government
  ministries, NGOs, traditional leaders, churches,
  men, women, children and the general public.
• All stakeholders informed the drafting of the
  Domestic Violence Bill.

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The role of the Womens Movement

• Mobilised women and policy makers to support the
  campaign
• WCoZ has lobbied, advocated and negotiated with
  policy makers for the passing of the DVB into law
• Musasa Project with support of WCoZ made a
  petition with 1 000 000 signatures for the
  passing of the Bill in 2004
• The AGMs of the WCoZ identified the DVB as a
  priority area.
• WCoZ intensified the campaign

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The role of the Womens Movement

• WCoZ has held public meetings with stakeholders
• Lobbied policy makers on the need for a
  comprehensive law to deal effectively with gender
  based violence.
• Breakfast and evening meetings with MPs and
  Senators

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• Holding workshops, symposiums, meetings with
  civic society to raise awareness of the bill
• Information dissemination on the campaign through
  e-coalition, news updates etc
• Publicity campaign in newspapers, TVs, radio talk
  shows, adverts and billboards in support of the
  passing of the bill

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What survivors did

• Gave testimonies to show the magnitude and types
  of domestic violence in our communities
• Made recommendations to the government drafters
  on how to protect victims and survivors of abuse
• Reminded government of their obligation to
  protect the human rights of citizens in
  international law.
• Assisted to reveal the magnitude and gravity of
  the problem of domestic violence
• At all stages survivors have spoken out clearly
  on the need for legislation to protect them from
  violence

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Role of the survivors

• Survivors started their own networks for
  counselling and support and spoke out bravely
• Assisted other victims to speak out
• Pressured their members of parliament to support
  the passing of the bill.
• Spoke directly to their MPs before giving a
  testimony and appeal to these to support the bill
• Survivors in the movement spoke out
• We spoke out about our experiences to policy
  makers to convince them of the need for a law.
• Marched against three MPs who opposed the passing
  of the DVB and said it was a diabolic piece of
  legislation in October 2006

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Negative effects

• Women human rights defenders are attacked in the
  media by male abusers.
• Their names are maligned and they are given bad
  labels.
• Men have also tried to attack women rights
  activists physically.
• Women who break the silence of violence are
  threatened by the perpetrators
• Married women who speak out about rape risk
  losing their marriages

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Negative Effects

• Women who have broken the silence have had to
  live in hiding since abusers have threatened to
  kill them.
• Women and girls who are raped are usually
  labelled as loose women by society
• Women in the movement are perceived as bad
  women too aggressive and trouble makers.
• Musasa Project which offers shelter has been
  labelled home breakers.

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Dealing with the threats

• WCoZ has always expressed solidarity with women
  rights activists under attack.
• WCoZ 40 organisations and 200 individuals.
  Targeting becomes difficult.
• When an activist is under attack we investigate
  ways of protection including making the threat
  public or seeking safer shelter.
• We have consistently used the public media to
  dispel some of these myths relating to womens
  rights
• We have reached out to work with male leaders and
  male role models to spread education on different
  aspects of womens rights.

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Concrete Gains

• Created the womens movement in Zimbabwe.
• Women discovered the power of working together.
• Women of Zimbabwe developed the womens charter
  which is a booklet on their constitutional and
  human rights demands.
• Used as an advocacy tool at all levels
• Raised awareness of womens human rights and the
  challenges that women face

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Concrete Gains

• Provided a platform for sharing information
• Provided a focal point for womens activism
  nationwide.
• The movement has acted on critical issues such
  supporting potential women leaders, auditing
  gender policies of political parties and made
  presentation to human rights bodies
• The capacity for advocacy and lobbying for
  womens human rights multiplied during this
  process

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Legislation for women in pipeline

• Legislation in the pipeline
• Domestic Violence Bill
• Ratification of the AU Protocol on Womens Human
  Rights
• Repeal of Section 23 of the National Constitution
• Domestification of CEDAW and the AU Protocol on
  Womens Human Rights

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Conclusion on RBA Approach

• RBA approach has made us stronger.
• When we consult and raise awareness we also
  educate and work together.
• This is how the WCoZ was created when we
  discovered the power of coming together as women
  of Zimbabwe and articulating our demands.
• We have learned to demand from the RBA approach.
• All of our rights are guaranteed in
  international law and the governments should
  enact laws to safeguard these and implement.

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Conclusion

• One of our member organisations has initiated
  gender budgeting as a nationwide campaign to
  force the government to allocate resources to
  womens issues like health, education, addressing
  domestic violence etc.
• Mobilising women to support this initiative
• As we soldier in advocating for our human rights,
  the only very clear way forward is doing it as a
  movement and demanding what should rightfully be
  ours.