Featured

Legislation: Is It Ever Enough?

Processed with MOLDIV
Photo by ALICE MULOMBE MUYAMBO 

In 1985, the Republic of Zambia ratified the Convention on the Elimination of All Forms of Discrimination against Women. It was another 23 years before legislation was enacted in the form of the 2011 Anti-Gender-Based Violence Act.  Its Preamble bold declared it “An Act to provide for the protection of victims of gender-based violence,”  prompting a sharp rise in the numbers of reported cases as non-governmental organizations conducted nationwide campaigns to inform the public of the new legislation.

On paper, the law was a step in the right direction, fighting widespread violence against women and thereby challenging years of traditional gender roles by criminalizing a wide range of abuses based on sex, from economic to physical, and emotional, verbal and psychological abuse.

However, when the legislation was put to the test in the Courtroom, it failed to meet its own high standard. Cases of domestic violence, sexual violence, and gender-based violence against women continued to be tried using outdated laws such as the Penal Code and Criminal Procedure Codes. Many of the victims of these shortfalls in the law are nameless and have no safety net when their cases fall through.

Take Jessie (not her real name) for example. A 25-year-old magistrate who graduated from a premier Law School in Lusaka, she was married to a military man whom she met while at law school. Their year-long marriage was stained by violent outbursts, physical violence, public humiliation and isolation from friends and family– all the things that the Anti-Gender-Based Violence Act was meant to protect her from.

Finally on December 3, 2015, Jessie’s military employee husband beat her unconscious. Jessie woke up in Kabwe General Hospital, blood drenched and deformed with two deep cuts to the head. She accepted support from her colleagues and family and especially from the justice system that she had worked so hard to be a part of.

Instead, she woke up to humiliating headlines in two public newspapers, “Army officer batters magistrate wife,” read one newspaper; four national radio stations carried the story without bothering to verifying any of the facts.

Physically, the wounds took four months to heal.  Her employers, however, demanded that she report to work for two weeks after the incident.

Meanwhile, her husband was arrested and released when she dropped the case due to pressure from her mother, who was concerned by what friends and family would say. After all, Jessie was a successful magistrate; her parents were marriage councillors who had been married for more than twenty years, she had a daughter – her mother reminded her – who needed both parents, and there was the Zambian proverb that urges women to “stay strong” in the face of turbulent times. Shipikisha club, they call it.

So, she took the advice of her mother and dropped the case against her husband, hoping that his three days in custody would force him to reflect on his behavior and start a journey to change.

Although the Penal Code gives the state the right to prosecute cases on behalf of victims, even after they give statements stating that they wish to drop them, the Judiciary did not take kindly to Jessie’s actions. When she reported for work, she was greeted by hostile stares and a suspension letter from the Deputy Director charging her with conduct likely to bring the Judiciary into disrepute, a vague term that can be used to cover a wide range of incidents. There was no provision under any code allowing or sanctioning the suspension, and the offense she was charged with carried a punishment of a written warning. The experience left her feeling victimised. She was given seven days within which to exculpate herself, and after she did, she did not hear from her employers for nine months.

Her husband in the meantime, continued to work for the Zambian Army.  He has not faced any sanctions from his employers or accountability for his behaviour by the public media, and his life continues as before.

Numerous letters later, Jessie was reinstated, with a thinly veiled threat that she must ensure that the incident never recurred if she wanted to keep her job. This seemed contrary to the official position of the Zambian Judiciary, which had taken a strong stance against gender-based violence against women in the media and was launching a fast-track court in Kabwe.

So, how does one pick up the pieces after being abused by all the people and institutions that are supposed to protect you? You do better. Jessie is a strong advocate for women’s rights in the workplace and uses the Anti-Gender-Based Violence Act in the Courtroom. With the help of friends and other victims, she overcame her initial misgivings about handling cases similar to her own, and she now sits on the bench in Monze Zambia.

Still, Jessie’s experience begs the question: is legislation enough to end violence against women?

By Mubanga Kalimamukwento, Hubert Humphrey (Fulbright) Fellow 2018/2019 – University of Minnesota, who is doing her professional affiliation with the International Justice Program of The Advocates for Human Rights.

Advertisements

Expanding the Technical Expertise of Women’s Rights Defenders in 2018

FeaturedExpanding the Technical Expertise of Women’s Rights Defenders in 2018

Women’s rights are human rights. We make up half the world’s population, and therefore, half its potential. But unfortunately, laws, practices, and people’s attitudes do not always take into account the legacy of discrimination in women’s lives and the fact that women and girls routinely face violence and oppression.

We know that, when we lift up women, we see a ripple effect that goes far beyond women and girls and into the world. For example, when we see greater income equality across both women and men, poverty diminishes through the generations. When women hold assets or gain income, that money is more likely to be spent on their family’s nutrition, medicines, and housing. As a result, children are healthier and the community does better. When girls pursue a secondary education, they marry later and have fewer children. Their risk of domestic violence is lower compared to child brides who are forced to marry.

It Takes a Multifaceted Approach

From ending violence against women to stopping discrimination to empowering women.

What is The Advocates for Human Rights doing about it?

  • We change laws by analyzing and commenting on laws before they are passed to make sure they are the strongest they can be.
  • We monitor and document violations of women’s rights and make recommendations to fix the pitfalls and barriers to women.
  • We build the capacity of civil society to hold their governments accountable and safeguard women’s rights.
  • We provide our expertise to the United Nations to elaborate best practice standards on violence against women and evaluate on-the-ground practices.

We Were Busy in 2018!

Ending Violence Against Women

  • We completed the final two trainings for the Russian Legal Training Academy for Women’s Human Rights. Sixteen Russian-speaking lawyers from 8 countries in the Former Soviet Union were trained on how to use UN and European mechanisms when all domestic remedies have failed. The second training, in Chisinau, Moldova, led by Jennifer Prestholdt, Theresa Dykoschak, and Amy Bergquist, addressed using UN mechanisms to defend women’s rights. Local NGO, Promo-LEX, was our host partner for this second session. Rosalyn Park, Amy Bergquist and Theresa Dykoschak completed the third session this October in Tbilisi, Georgia. Local NGO, Anti-Violence Network of Georgia, was our host partner for the third and final session.

    • Rosalyn Park and volunteer Veronica Clark attended the Women Against Violence Europe (WAVE) Network annual conference in Malta in late October. They conducted interviews on the backlash against women’s rights across Europe.

    • Robin Phillips attended the “European Network for the Work with Perpetrators of Domestic Violence” (WWP EN) conference in Prague, Czech Republic in October with Denise Gamache of the Battered Women’s Justice Project. Our participation builds on our 2016 report, Batterer Intervention Programs: Recommendations for Effective Batterer Intervention Programs in Central & Eastern Europe & the former Soviet Union.

    • At the invitation of the Organization for Security and Cooperation in Europe (OSCE), Rosalyn Park was in Astana, Kazakhstan to present on international best practices for legal reform on domestic violence. The conference, “Preventing Domestic Violence through Effective Collaboration: A New Stage of Development of Crisis Centers,” was organized by OSCE, UN Women, UNFPA, and the Union of Crisis Centers in Kazakhstan and aimed at strengthening the work of the crisis centers and raising awareness on preventing domestic violence.

Stopping Discrimination

  • At the request of the UN Group of Experts on Coal Mine Methane, The Advocates undertook research to highlight the benefits of promoting female inclusion in traditionally male-dominated industries and identify ways to support the women in these sectors. Fish & Richardson and Dechert LLP provided pro bono assistance to help conduct the research. The Advocates presented its findings in Geneva at the annual meeting of the UN Group of Experts on Coal Mine Methane. The report will be published in early 2019.

    • Theresa Dykoschak, Staff Attorney, was in Bishkek, Kyrgyzstan in early November as an expert panelist at a conference for systems actors from Central Asian countries on eliminating gender-based violence against women and girls. The conference was organized by UN Women, UNFPA, UNDP and UNICEF.

Empowering Women and Human Rights Defenders

  • Robin Phillips and Rosalyn Park trained 25 lawyers from 15 countries for the seventh round of the Women’s Human Rights Training Institute (WHRTI) in Sofia, Bulgaria. In partnership with the Bulgarian Gender Research Foundation and Equality Now, WHRTI strives to build the capacity of young lawyers from Central and Eastern Europe and the Former Soviet Union for litigation on women’s rights issues.

    • Robin Phillips and Rosalyn Park built the capacity of civil society to hold their governments accountable to effectively respond to rape and sexual violence. At the invitation of local partner Mobilizing for Rights Associates, The Advocates trained 23 civil society members and systems actors in Marrakech, Morocco in December.

    • In March we celebrated International Women’s Day, a day to catalyze activism and to focus on advancements and challenges in women’s rights and equality. Theresa Dykoschak presented on cyberviolence and Rosalyn Park facilitated a panel discussion by the keynote speaker and performing artist, Nekessa Julia Opoti and Andrea Jenkins.

Thank you to all our supporters! We look forward to continuing the work in 2019.

By: Rosalyn Park, director of the Women’s Human Rights Program at The Advocates for Human Rights.