Zimbabwe Human Rights NGO Forum Special Report Gender and Constitutional Issues Chapter 5 The Women’s Charter The Women’s Charter, drafted by the Women’s Coalition and adopted in October 2000 at a special women’s conference, identifies the gendered dimensions of human rights in Zimbabwe and lists women’s demands for their basic human rights as women. It is reproduced in full below. Preamble We the women of Zimbabwe, as full citizens representing over half the Zimbabwean people; Having contributed equally to the development of the nation throughout its history; Having contributed equally to the struggle for the independence of our nation; Having suffered oppression through patriarchy, custom and tradition, colonialism, racism, maledominated totalitarianism and capitalism; Finding ourselves still discriminated against in all aspects of national life – legal, political, economic and social, cultural and religious; As workers in every sphere of national life; As the mothers of the people and of future generations; Claiming the birthright of every human being to have freedom and equality; In recognition of our role in the foundation and development of the country; Make the following basic demands: 1. 2. 3. 4. 5. 6. constitutional, legislative and policy measures that actively address gender imbalances; full and equal participation in all aspects of national life; freedom from all forms of oppression; full and equal rights in the legal, political, economic, social and cultural framework of our nation; the removal of discrimination against women in all aspects of public, corporate and private life; affirmative action where necessary to right the injustices of the past against women and to give women equal partnership in the future; 7. guarantees of safety of person and property and active measures to end violence against women; 8. a plan of action, a time frame for implementation and a realistic allocation of national resources to fulfil these objectives. In order to implement these demands the following need to be addressed. EQUALITY AND NON-DISCRIMINATION Women claim full equality with men in all aspects of national life. Their right to constitutional, legal, political, economic and social equality is unalienable and indivisible. To achieve equality, the State, in all its organisational aspects, must recognise the oppression and disadvantages women have suffered and rectify this imbalance through affirmative action policies. In addition, non-discrimination against women should be enshrined in the Constitution and in all domestic law as an unqualified and non-derogable principle. 1. 2. 3. 4. The principle of equality between women and men should be addressed in all legislation and policy instruments and additional legislation should be developed to rectify the imbalances of the past and all discriminatory laws must be repealed immediately. There should be a justiciable Bill of Rights in a new Constitution to protect human rights and it should include a clear and unambivalent statement of full equality between women and men. The Government should promote equality between men and women in all aspects of public, corporate and private life and women shall not be discriminated against on the basis of marital status, pregnancy, etc. Women should have equal rights within all aspects of family life, equal rights to custodianship and guardianship of children and equal rights in budgetary and family planning decisions. 19