Zimbabwe Human Rights NGO Forum Special Report
Gender and Constitutional Issues
The Convention on the Elimination of all forms of Discrimination Against Women
(CEDAW)
Many Zimbabwean women think that the United Nations’ Convention on the Elimination of all forms of
Discrimination Against Women (CEDAW) 7 should protect their rights even if our own Constitution does
not. After all, Zimbabwe ratified CEDAW on 13 May 1991.
CEDAW’s Article 2(f) requires all governments which have signed it ‘to take all appropriate measures,
including legislation, to modify or abolish existing laws, regulations, customs and practices which
constitute discrimination against women’. Article 5(a) requires ‘states parties’ to take all appropriate
measures ‘to modify the social and cultural patterns of conduct of men and women, with a view to
achieving the elimination of prejudices and customary and all other practices which are based on the idea
of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women’.
But ten years after signing this convention, our government has not yet incorporated CEDAW into its
own laws, in accordance with section 111B of our Constitution. CEDAW’s provisions, therefore, do not
protect women in Zimbabwe. In our High Court, Justice Gillespie 8 noted two years ago that the denial of
rights to immovable property to women in unsolemnised and unregistered customary unions contravenes
Article 16 of CEDAW.
7 Adopted by the General Assembly in 1979, CEDAW entered into force on 3 September 1981.
8 Jengwa v Jengwa (HH-152-99), 1999 (2) ZLR 121 (H).
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