Friday 10 December 2010

REMOVE ARTICLE 23.4 FROM DRAFT CONSTITUTION, UN ENVOY TELLS ZAMBIA

By Globe reporter
Special Rapporteur of the United Nations Human Rights Council on violence against women Rashida Manjoo has asked Zambian government to truck article 23.4 in the draft constitution because it was discriminating against women.
Concluding her official visit to Zambia, Manjoo expressed her sadness the country’s draft Constitution which was shared by the Government, contains article 23.4 which permits discriminatory laws and practices in the area of personal laws and customary law despite the guarantee of equal status of women found in article 11 of the current Constitution. “Back in 2002 the Committee on the Elimination of Discrimination against Women (CEDAW) called on the Government to repeal article 23.4 as it permits discrimination in the areas of law that most affect women. In 2007 the Human Rights Committee also reiterated this call, and recently CEDAW requested the State to provide information on the follow-up to its earlier recommendation,” she said. “We know that law is not a panacea for social problems and the persistence of negative customary and religious practices continues to exacerbate discrimination against women and women’s position of dependence and
 subordination.”
Manjoo said her findings would be discussed in a comprehensive way in a report she would present to the United Nations Human Rights Council in June 2011.
In conclusion of her official visit to Zambia the Special Rapporteur of the United Nations Human Rights Council on violence against women, its causes and consequences, Ms. Rashida Manjoo, delivered the following preliminary findings:
“At the outset, I would like to express my appreciation for the cooperation extended to me by the Government. I am grateful to all my interlocutors, including State officials, representatives of civil society organisations, representatives of United Nations agencies, and individual victims of violence that shared their personal experiences with me.
She, however, said the Gender Based Violence Bill currently before Parliament was an important step forward in providing frameworks that should be ultimately conducive to strengthening the fight against all forms of violence.
“All stakeholders I interacted with are hopeful that this Bill may be adopted soon. While understanding these hopes, I encourage all stakeholders to be ready with a plan for implementation of the Bill including financial and capacity-building plans,” she said. “Experiences in other countries have shown that some legislation remains good on paper only, despite its intention to prevent, protect, punish and provide reparation for women who have been subjected to violence. This is part of the due diligence obligation of Zambia according to international law and more specifically the Convention on the Elimination of All Forms of Discrimination against Women and the UN Declaration on Violence against Women.”
She commended Zambia’s government in its efforts towards regulating some of bad practices, including inheritance practices, sexual cleansing, marriage and land tenure systems.
“Legislative efforts must be continuously pursued alongside massive endeavours to educate and change the mindsets of men, women and children, through all available means including schools, traditional and religious leaders, and the media.,” she said. “Zambia does not seem to be immune from practices of violence against women committed or condoned by State agents.  In this regard I was informed that female detainees, whether in police custody or in prisons, have to endure harsh living conditions, including little medical attention for pre-natal and post-natal care and treatment, and for HIV/AIDS and tuberculosis testing, and with little or no adequate nutrition support. Women in detention facilities are also subjected to abuse, violence and humiliating and degrading punishment in order to extract confessions. Women are also offered release in exchange for sex.”
Manjoo  said Zambia was a vibrant society which was not afraid of change and encouraged all stakeholders to take advantage and promote human rights for all and keep violence against women on the national agenda.
“I also call on all duty bearers to take on their responsibilities to translate laws and policies into reality for all rights-holders. The challenging of negative practices which violate women’s equality and non-discrimination rights requires action at both the state and non-state level,” she said.

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