Demanding implementation, challenging obstacles

Irene Sithole writes that Zimbabwe's women suffer violence in all environments including work place, the home and the political arena.

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 [email][email protected] or
[email][email protected]

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