Zimbabwe Human Rights NGO Forum Special Report Gender and Constitutional Issues Chapter 6 Future Possibilities Many of the demands made in the Women’s Charter are addressed in the National Constitutional Assembly’s Working Draft Constitution for Zimbabwe. This draft was compiled by the NCA Taskforce from submissions made to the NCA during the constitution-drafting exercise in 1999. It was produced for discussion by the NCA’s membership of more than 500 institutions and over 180 000 individuals throughout Zimbabwe.24 It was presented to the NCA’s All-Stakeholders’ Conference on a new constitution at the end of March 2001, which decided that this draft is to be finalised within six months. But what is presented below still has draft status only. Some proposals in this Working Draft Constitution were ‘contentious’ in that diametrically-opposed suggestions were received. In such cases, including the issue of abortion, alternatives were suggested. The NCA working proposals that are relevant to gender issues are as follows. Most importantly, in Section 1 the Constitution was proposed as ‘the supreme and fundamental law of Zimbabwe’ and as such ‘Any law, custom, practice or measure which is inconsistent with the Constitution is illegal and invalid’. This provision means that customary and family law would no longer be exempted from Constitutional regulation. All law and social practice in Zimbabwe would have to comply with the Constitution, if necessary by abolition or major change. Customary law would no longer be able to discriminate against women. Section 5(1)(b) requires that ‘When interpreting the Bill of Rights, a Court, tribunal or body must take into account international human rights law and adopt in every case an interpretation of the law that is in conformity with international human rights norms’. This means that CEDAW would become the norm for women’s rights in Zimbabwe. Section 7, dealing with the right to life, sets out a range of three options for abortion. At one extreme, ‘The life of the unborn child must be protected’. In complete contrast, ‘Nothing contained in this section shall deprive a woman of the right to terminate a pregnancy’. In between, a ‘middle’ position specifies qualifying conditions for abortion. The NCA proposes that Zimbabweans decide by a majority vote on which option they want. Section 11(1) states unequivocally that ‘Every person is entitled to equal recognition and respect before the law and in society. All persons are equal before the law and are entitled, without any discrimination, to protection and equality before the law’. Sub-section 2 prohibits discrimination on the basis, among other grounds, of sex, gender and pregnancy. However, there is no proposed constitutional protection for women to control their own sexuality or decisions on reproductive health among the more specific women’s rights recognised in sub-sections 3 and 4: (3) Women have the right to full and equal protection by the law, and have the right not to be discriminated against on the basis of their gender or marital status, which includes the right to be accorded the same rights as men in civil law, including equal capacity – (a) to enter into contracts; (b) to acquire and maintain rights in property, independently or in association with others, regardless of their marital status; (c) to acquire and retain custody, guardianship and care of children and to have an equal right in the making of decisions that affect their upbringing; (d) to acquire and retain citizenship and nationality; and (e) on the dissolution of marriage – i. to a fair disposition of property that is held jointly with her husband; and ii. to fair maintenance, taking into consideration all the circumstances and, in particular, the means of the former husband and the needs of any children. 24 NCA Supplement to Zimbabwe Independent, 30 March 2001. 25