16 Days of Activism against Gender-Based Violence

IN AN article by one of the leading legal minds in the women’s movement, Professor Stewart, titled ‘‘War against women with rise to gender torture’’ she explains, by alluding to reports of heinous acts of domestic violence leading to the death of women as ‘‘war against women’’.

There has been an increase in the number of reported cases whether reported to the law enforcement authorities or the media of women who are suffering an array of gender-based attacks which may sometimes result in death. In this same article are examples of reported cases from different Southern African countries, including Zimbabwe, of gruesome acts of violence which are happening in the home leading to loss of the lives of women.

In some of these judgments, some Judges are quoted to be passing down minimised sentences on the basis that the man acted out of anger after discovering acts of infidelity by the woman.

The act of killing women has been making way into mainstream media that people are almost desensitised because of the sheer prevalence of the reports. Each year, women’s rights activist groups around the world commemorate 16 Days of Activism against Gender-Based Violence between November 25th and of December 10th.

The message and aim remain the same; to see an end to acts of violence, more importantly, violence against women by men. This season calls for cooperation and accountability from all state entities, human rights organisations, the corporate world, health care providers, religious groups, education institutions and society. It is a movement for deliberate effort for the emancipation of women and for valuing the existence of women as being equal.

This year’s theme focuses on ending sexual harassment which can be defined as unwanted attention of a sexual nature.

This ranges from lewd and raw comments about a person’s structure and physicality, unsolicited remarks about one’s reproductive system to forced acts of physical contact which may lead to rape and other sexual crimes. Failure to accept this unwanted sexual attention may result in a person losing their job or working within a hostile, intimidating and offensive environment.

There is no legal definition for sexual harassment in the workplace according to the Labour Act (Chapter 28:01), which regulates the legal relationship between the employee and the employer and the day today functions around the workplace.

Sexual harassment is found tucked within a section of the Act which refers to ‘‘unfair labour practices’’ where it is described as “unwelcome sexually-determined behaviour towards any employee, whether verbal or otherwise, such as making physical contact or advances, sexually coloured remarks, or displaying pornographic materials in the workplace’’.

While the definition in itself is problematic, even more concerning is that there is no individual focus on sexual harassment within the Act which speaks to the severity of the consequences of sexual harassment. There are no remedies which are provided to cater to the victims of sexual harassment and to reprimand aggressors.

What quantifies these gaps as problematic is that sexual harassment involves a power play between the victim and the aggressor, the act of forcing another person into succumbing to the unwelcome behaviour or choosing to ignore the advances directly affects the victim’s functions within the workplace. It adversely their ability to perform, eligibility for promotion and the availability of remedies after making a report. There is not enough emphasis on the need to have a sexual harassment policy within the formal and informal sector.

Zimbabwe boasts of having an enriched Bill of Rights which focuses on the women’s rights and equality, the right to equal treatment and dignity, freedom of association, the right to fair labour practices and repeal of cultures and customs which are discriminatory to women yet there is no subsequent law which directly caters to sexual harassment as a problem itself. It is generally spoken of in isolation when the majority of people affected so adversely by sexual harassment are women.

By virtue of the statistics alone, sexual harassment becomes a gendered attack along with domestic violence and all other forms of violence against women. It appears however that the law does not echo the same narrative when it comes to sexual harassment. It is generally treated as a labour matter wherein many complaints fall within the hands of the people sitting in the disciplinary hearings for those who are fortunate enough to be afforded such an opportunity.

Sexual harassment has psycho-social repercussions which affect a woman’s ability to ascend to roles of leadership and influence. It diminishes a woman’s morale and diverts a person from the purpose which has led to their employment in that specific workplace. This 16 days of activism’s focus on sexual harassment means therefore that it is time that it is recognised as an act of gender-based violence.

People should not wait until there is loss of life of yet another woman for action to be taken. The running theme within this year’s commemorations which says ‘‘HEAR ME TOO’’ means that the law and society should listen to the voices of women and provide for a national sexual harassment policy which mandates all employers to have a constantly evolving sexual harassment policy. Women should be allowed to speak up against sexual harassment with the confidence that they will have access to justice through different channels of the law, but this must start with remedies within the workplace itself.

Employees in the public service in Section 4 of the Public Service Regulations SI 1 of 2000, sexual harassment is inferred within what this instrument terms ‘‘discourteous behaviour during the course of duty”. While this is useful for public service employees there is no precise provision for sexual harassment and a list of solutions when a report is made and neither are there similar legal instruments to cover other sectors of employment.

Women should no longer continue to be statistics in case studies, court judgments and hash-tags on social media. The law must give stringent sentences to those found guilty of any gendered crimes against women and society should refuse to maintain discriminatory standards of living. A collaborative effort is the only solution to truly seeing an end to gender based violence. ◆ Prepared by Danai Chirawu. For feedback questions and comments please feel free to email zwla@zwla. co.zw or to phone our hotline number on 0782 900 900, 0776 736 873 or our toll free on 08080131