Zimbabwe Human Rights NGO Forum Special Report
Gender and Constitutional Issues
countries – modern or ancient – have been governed by women. Religion, politics, education, economy
and society are all riddled with the gender discriminations created by patriarchy.
Gender inequality is rooted in social and cultural attitudes. It is entrenched by discriminatory education
practices, which disadvantage women in the labour market and render marriage the only sensible option
for most women. Gender discrimination is further entrenched by defining low-paid jobs (domestic
service, teaching, nursing, secretarial, clerical and data entry work) as ‘women’s work’ especially suitable
for young women before they marry. Such jobs carry low pay, because they are not regarded as
appropriate for men, especially married men with families to support. But even female professionals are
often paid less than their male counterparts.
In order to resist this ongoing inequality, the Zimbabwean Women’s Coalition drew up the Women’s
Charter,13 which was adopted by a national conference on 12-13 October 2000. This charter is
reproduced in full in Chapter 5. It ‘articulates women’s demands for formal legal equality’ and
‘challenges the roots of women’s subordination’. It rejects ‘male power and control manifested in
[domestic] violence, bride payments and the control of female sexuality’, as well as marital rape. As the
Women’s Coalition found, there are differences of social class as well as ideology concerning these
issues. Criticising our own ‘culture’ is politically as well as culturally sensitive. But without such
criticism, women are unlikely to achieve equality with men in our society.
Social class and gender discrimination
In Zimbabwe, there are wide disparities between the towns and the countryside. In general, rural folk are
poorer than their urban relatives. Because the towns are seen as having better facilities (education, jobs,
health, housing), ambitious people want to live and work there – at least they did before our economic
collapse impoverished urbanites too. There is, then, a broad class difference between urban and rural
Zimbabweans.
Gender discrimination also varies between these urban and rural classes.
In the countryside, the major discrimination against women arises from custom and customary law. Since
early colonial times, men have been seen as ‘traditionally’ the ‘land-owners’. Women were thought to
cultivate land on behalf of its male owners (their fathers, brothers, or husbands). At best, in some regions
married women might claim gardens for themselves in which to grow food crops for their families. Today
less than a quarter of all married women are reported to have such gardens.
There are good reasons to query this colonial construction of ‘traditional’ landholding (see Cheater 1990).
Here we simply note one. Pre-colonial travellers and hunters in what is today Zimbabwe recorded that,
everywhere they went, they bought food from women, not men. It is unlikely, if women had no rights to
the land, that they would have controlled the disposal of its products, even those produced by their own
labour. And women did control the products of their own labour. They could invest what they earned
from selling the vegetables and pottery they produced, and from midwifery and healing, in livestock
inherited by their own children and siblings, not their husband’s family. However, during the colonial
period, women’s control over the products of their ‘hands’ was inverted into the ideology that they were
totally dependent on men. An expectation developed that the wages of employed women would be paid
directly to their husbands.
So rural women are today mostly severely discriminated against by not being allowed to control the
means of agricultural production in the communal lands. Both colonial and independent governments
have also chosen to by-pass women as potentially independent lessees on irrigation and resettlement
schemes. Our State has recurrently treated women farmers as the dependants of men, not as farmers in
their own right. This discrimination was institutionalised by colonial and neo-colonial patriarchy in the
name of ‘custom’. Customary and family law (as noted earlier) remain beyond Constitutional regulation.
Without personal control over land, rural women as producers are rendered dependent on men as
landholders. Those who exploit unpaid female labour within family structures cannot be expected to
13 ZWLA Update November 2000, p. 3. Circulation of the Charter itself is still pending.
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