Women push for gendered Independent Complaints Commission Bill

THE Women’s Academy for Leadership and Political Excellence (Walpe) with support from Oxfam Zimbabwe monitored the public hearings on the Zimbabwe Independent Complaints Commission (ZICC) Bill and had 200 of its members, Women Leadership Networks (WALANs), attending in all the 10 provinces between June 7 and 11, 2021.

The hearings were led by the joint portfolio committees on Justice, Legal and Parliamentary Affairs, and the Defence, Home Affairs and Security Services in a generally peaceful environment with participants accorded an opportunity to freely participate in the process.

It must, however, be noted that in some of the areas commencement of hearings was delayed as the Parliamentarians arrived late.

During the monitoring exercise, Walpe noted with concern that the hearings were not adequately advertised, limiting the full participation of citizens in the process.

Some of the submissions made during the ZICC Bill hearings include:

A call to review the administrative powers which the Bill is giving to the President and the relevant minister.

Participants felt the commission should report to Parliament instead of going through the President and minister with the former being the appointer of commissioners thus threatening their independence.

The need for former members of the security services to be excluded from the commission.

Section 6 provides for the appointment of an observer by the head of a security services department which erodes the independence of the Independent Complaints Commission Bill.

The need for extension of the time within which a rape case can be filed with the commission from three years to at least 20 years considering the complex nature of the offence.

The need to clearly define what matters are going to be dealt with in camera in order to provide a conducive environment for complainants to give evidence freely without fear of intimidation.

The commission must be given arresting powers like the Zimbabwe Anti-Corruption Commission not just to investigate and recommend which is limiting.

The commission must create a safe and conducive environment for women and girls to lodge their complaints including making sure that cases reported by women and girls are investigated by a woman.

The need for the complainant to have a right to legal representation of choice just like an accused person.

Civil society and the church must be allowed to observe the hearings.

The call to fire investigators who breach confidentiality, intimidate complainants or request bribes.

All State security agents found guilty of gross misconduct must be banned from holding public office and imprisoned.

Walpe developed a gendered model Independent Complaints Commission Bill, which it shared with Parliament on Friday June 18, 2021 for possible adoption or incorporation.

The model Bill highlights key woman and girl issues that need to be incorporated into the draft Bill in order to create a conducive environment for woman and girl victims to freely seek recourse.

Some of the recommendations, if adopted, will improve the independence and effectiveness of the commission.

Walpe