Gender and the Legislation in Zimbabwe (By Trevor Banda)

The 21^st century global world is suffering from a syndrome which is rapidly spreading among different states of different ideologies, that of playing lip service to democracy. Evidence from around the world by any standards is showing an ever growing gap between legislation and practice. Women who constitute a majority are theoretically empowered on paper yet practically very little progress has been recorded. Male domination can be overwhelmingly viewed in the economic, social, and political spheres. It is important to note that lack of adequate women involvement and representation especially in the decision making and policy formulation is chief among the reasons which explain such a sad development. This however does not imply that there are no cases in which women have been elevated both theoretically and practically. Such cases are there though to an insignificant extent. Examples to substantiate the arguments will be drawn from around the world.

Despite ratifying various International and Regional legislation which foster equality between women and men in all aspects of life be they economic, social and political, women in Zimbabwe are still being undermined. An analysis on the ground is very disheartening. Women despite their majority are finding themselves being discriminated. According to the Zimbabwe National Gender Policy (2013-2017) since 2004 strides have been made to provide legislative planning and implementation frameworks for gender equality programming which resulted in gender mainstreaming in most programs. The legislation came in the form of the Convention on the Elimination of Discrimination on Against Women (CEDAW) and the SADC Protocol among others. However, though these achievements have been made, Zimbabwe still has a very long way to go in as far as achieving gender equality is concerned.

To clearly illustrate how women are being dominated by men is to analyse the composition of those in the political arena in Zimbabwe. Women are still being found underrepresented in the country. According to Sachikonye et Al (2006) women in Zimbabwean Local Authorities constituted less than 33% of those occupying administrative and decision making positions despite them constituting about 52% of the population. The statistics are reflective not only of the sub national level of governance but even National level politics. This was despite Zimbabwe having been a signatory to the Convention on the Elimination of Discrimination Against Women and the Beijing Declaration and Platform for Action. The year 2004 even saw Zimbabwe ratifying the SADC Protocol which required 30% of the political offices to be occupied by women. Surely one thing is certain from the evidence, that various pieces of legislation have been put in place to ensure that the equality of women to men is realized.

However, as has been already alluded to, a thorough examination on what is and what ought to be shows Zimbabwe still lagging behind in as far as practically elevating women’s role in decision making is concerned. Women advanced participation in governance structures should be viewed as the key to redressing the gender inequalities in societies. If this is the case then what it means therefore is that women still remain dominated in almost all aspects of their lives due to the lack of them occupying political top positions in the Southern African country.

Sachikonye et al (2006) argued that if Zimbabwe is to embrace a democratic path, then gender issues have to be mainstreamed in the Local Government process. To them the process should begin at such a sub national level since Local Authorities are the ‘closest and accessible government to the people’ and therefore resolutions passed at this level directly have an impact on the private lives of the women. So in order to fully democratize the political space, interests of women desire equal representation in Zimbabwean Local Authorities. The Urban Councils Association of Zimbabwe (2006) provided the following statistics. By 2006 there were 48 female urban councilors consisting 13.5% of the total number of urban councilors throughout Zimbabwe.  

Quite a number of reasons can be forwarded to account for the small number of women active in politics, in particular reference to the Local Authorities. Chief among the reasons is the fact that some of the party policies are silent on gender mainstreaming. As such women were and are still being found at the bottom of party ranks. Another fact is that of cultural factors chief among them being entrenched patriarchy. This can be viewed in the simple fact that men dominated the most powerful decision making positions in the main political  parties particularly ZANU-PF and the Movement for Democratic Change (MDC) among others. Another factor responsible was that of the low education levels which constantly haunted women and in a way caused them to feel inferior to men. Economic dependence of women on men, confinement of women to the domestic arena as mothers and wives, lack of societal role models and limited access to support networks are some of the reasons which explain the inequality which exists between men and women in political spheres in Zimbabwe. It would be unjustified to discuss the lack of adequate political representation without taking things to the latest political developments. The recent cabinet ministers appointed by President Mugabe surely leaves everything plain to see that Zimbabwe still has a very long way to go to ensure a 50- 50 representation of men and women in politics. From the evidence what can be deduced is the fact that legislation is there and by and large the legislation seeks to elevate women to the same status with that of men. However, what is important to note is the fact that implementing it on the ground is the problem. If Zimbabwe like many other global states which are going to be studied later, seek to fully embrace a democratic path, it begins with the enforcing the legislation which seeks to emancipate women from the shackles of discrimination which they have been tied with by their male counterparts since time immemorial.

To further understand the inequalities between men and women, it is imperative to note that they can be really understood in relation to the ‘polarizing tendencies of the capitalist mode of production’ Leacock (1977). Due to the exploitative nature of relationship between the core and the periphery, gender disparities develop. Women find themselves having to suffer the consequences of this relationship of a horse and a rider. Due to their labeling as second class citizens they usually get meager salaries for doing the same job with men get higher remuneration. Worse still women also have to fulfill their domestic duties, which shows how women are usually in this relationship.    

It would be gross misrepresentation of facts to discuss the discrimination of women in society and end the discussion without thoroughly examining the situation prevalent in the ‘liberal democracies of the 21^st century. It is sad to note that even these so called gods of development are suffering from the same syndrome which has gripped most parts of the world if not all, that of discriminating against women. Phillips (1998) and Rai (2000) argued that the nature of modern day democracy is placed on a public-private dichotomy. The private set up is considered apolitical and hence women are placed under such a group. This means that theoretically and practically their concerns are sidelined. Politically they are left out due to their suitability in caring roles as mothers and wives. Reasons which explain why women are finding it extremely difficult to assume positions of command in the politics of the Northern and Southern countries is due to persistent patriarchy in which women  continue to be grouped as private. The nature of the politics also is worth it to be mentioned. Women continue to be accommodated in a patriarchal structure and hence at the end of the day, it defeats the purpose of them being ‘elevated’.

Just to prove that men are very unfaithful partners in collective action in achieving gender equality politically is the issue which was raised by Bari (2005). Council meetings are held at very odd hours, thereby conflicting with women’s domestic responsibilities (that is in both the productive and reproductive spheres). This proves how much the National Gender Policies in most countries of the world are just paper tigers and yet practically women are being left helpless at the mercy of men who in most cases are showing utter disrespect for the pieces of legislation.

Moving away from participation in the political aspects of women’s lives, it is important to look at the education sector in general and the Higher and Tertiary education in particular. This is another area which determines whether a democratic society is being fully realized. A study which was carried out at a United Kingdom university. It was deduced that though policies to ensure equal opportunities for both women and men and gender monitoring mechanisms are in place, a very insignificant number of women progressed to assuming the role of Senior academic. This was due to women being handicapped by ‘well ingrained structural and cultural barriers’. Foster (2001) then quoted other respondents saying that they opted to resign or to put their careers on hold.

The same study was carried out in Australia and South Africa by Butler (2005). Women felt that their ideas were being neglected or ignored. After ascending to senior levels in any organization, women encounter the ‘power of the male hegemony that is prepared to accommodate but not to have their dominance challenged’ White (2000). Certainly, the evidence proves beyond any reasonable doubt that even those nations of the First world like Australia who boast about their ‘democracy’ are being found wanting when it comes to practicing what they claim to stand for. This justifies the argument that there is still a wide gap between what the Gender Policies agitate for and what really transpires on the ground.   

Moreover, despite years of anti-discrimination legislation against women in Nigeria, the state itself failed to practice what it preaches with regards to the rise in the academic hierarchy for women. The national Gender policy sought ‘to achieve minimum threshold of representation for women in order to promote equal opportunity in all areas ‘. As has been the case mostly it is not the policy with problem but the situation on the ground.  A survey by UNESCO of women occupying positions of higher education management, the ratio was that of 20:1.

To add further weight to the above line of argument is the Lithuanian example where the law recognizes the equality of both men and women. As is generally the case men were found to be earning a fifth more than women for the same job. Women’s participation in the labour market, according to Husu et al (2010) amounts to 60% and their rate of unemployment is lower than that of men. As such women’s chances of being the Poverty Datum Line is 21% for women and 16.7% for women. A logical explanation to explain this sad development is the failure of women to influence political decisions practically.

Among the several types of discrimination faced by women in the workplace is that associated with pregnancy, motherhood and potential motherhood. During the pregnancy period, women face quite a significant amount of discrimination. It comes in different shapes and sizes. Usually it come in a very tangible and direct way as noted by Makela(2010) Other forms of discrimination come in the form of cruel comments and negative reaction after announcement of the pregnancy. Usually this discrimination would be coming directly from their supervisors Gregory (2001) In Lithuania laws protect women who take maternity leave. A position has to be secured for her until she comes to work. However, it is well known across the general public that when a woman returns to work after maternity leave, she will be happy with getting a job since her original higher position would have been taken up usually by her male counterpart.

Another striking example of gender discrimination in Bolivia is shown in the illiteracy of more than two thirds of adults being women. According to the Committee on Economic Social and Cultural Rights (CESCR), the right to education was classified as an economic right. It is also a social and political since it is central to the realization of both. The problem lies with policy and practice which need to be re oriented to ensure the deconstruction of gender stereotypes.  Global Campaign for Education( February 2012)

However, though there are cases where legislation is there to ensure equality between men and women and women are still found being discriminated against, one ought to note that to a lesser extent women have achieved equality with men under such conditions. An example to clarify this point of view is that of female academics who were interviewed at the Ankara University in Turkey. They responded that there was no form of discrimination in both academic promotion and management in the university. 63.7 % argued that being a woman was far from being an advantage. This suggested equality between men and women thereby justifying the view that to a lesser extent legislation has really helped elevate women to equal status with men. Husu et al (2010)

Moreover, if one is to analyse the SADC Protocol which stipulates that women should get at least 30% of political offices, then it will be realized that the problem in most cases might be too far-fetched if one would blame different signatories for failing to fully practice it in an attempt to democratize the political space in their respective countries. The protocol itself can be argued to be undemocratic since women constitute a larger fraction as compared to men. In order for equality to be achieved then it has to be a 50- 50 situation. With this in mind therefore it would be logical to deduce that to a less extent the problem of gender inequality is not a product of lack of proper enforcement mechanisms but rather that of misguided policies which by their very nature are not geared towards achieving gender equality  National Gender Policy Zimababwe (2013- 2017).

In conclusion, it is accurate to a significant extent to argue that the 21^st century is indeed ironic, since it has policies to achieve democracy through ensuring the equality of men and women yet practically women are still under the dominion of their male counterparts. Evidence from across the globe has been overwhelmingly given to reinforce the argument. The gap between policy and implementation is ever growing. By any standards this is undemocratic since women constitute a large number more than men. Gender disparities can be witnessed in the economic social and political arena. Women lack the adequate political representation as they are usually confined to the domestic sphere. This cripples their economic and social lives as the nexus between the two has been discussed before. It is important to note however that there are cases in which women have been elevated to equal status with men as enunciated in the respective Gender Policies. Another problem was also noted that it really does not emanate from the lack of enforcing legislation but rather is with the Gender Policies themselves which are misguided as they are not democratic.

BIBLIOGRAPHY

Ann, P (1998) Feminisms and politics, Oxford University Press, Britain

Bari, F (2005) ‘Women’s political participation’ issues and challenges (draft), United Nations, Thailand

Butler, C (2005) Women academics’ views of their professional advancement at a higher education institution, Thesis submitted to the Faculty of Education, University of Johannesburg, South Africa

Foster, N (2001) A case study of women academics’ views in equal opportunities, career prospects and work- family conflicts in a UK University, Development International

Gregory, R.F (2001) Women and work place discrimination: overcoming barriers to gender equality, Rutgers University Press

Leacock, E (1977) ‘Reflection on Conference of women and development’ in Women and National development: The complexity of change, Wesley editorial committee, Chicago University Press, Chicago

Makela, L, ‘Stories of pregnancy related discrimination and returning to work after maternity leave’ in Husu, L, Hearn, J, Maija, A and Vanhala, S (Eds) (2010) ‘Leadership through gender lens, women and men in organisations’ , Heles school of economics, Helenski

National Gender policy (2013-2017), The Republic of Zimbabwe, Ministry of Women Affairs, Gender and Community Development

Rai, M (2000) International Perspective on Gender and governance, MacMillan Press Great Britain

Sachikonye L et al, (2007) Consolidating democratic governance in Southern Africa: Zimbabwe, EISA, South Africa

Urban Councils Association of Zimbabwe, (2006) Report on the best practices in participatory budget process for five cities study, Harare

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