5.3 In Clause 3.5 (2)(b) the COPAC Draft continues to allow for revocation of citizenship if it becomes known that the citizen is also the citizen of another country. The arguments against dual citizenship relate to the need to ensure that citizens do not have divided loyalty to the country. The Constitution should guarantee the citizenship of citizens by birth. This category of citizen should never be compelled to lose their citizenship because they have acquired the citizenship of another country. 5.4 The COPAC Draft does contain certain other provisions protecting women’s rights to equal citizenship. Clauses 3.4 and 3.6 do provide that any individual married to a Zimbabwean citizen for 5 years may apply for Zimbabwean citizenship and that citizenship is not lost through marriage or the dissolution of marriage. These protections are consistent with Article 9 of CEDAW. 6. Chapter 4. Declaration of Rights 6.1 The Declaration of Rights sets out the fundamental rights of individuals in the country. It enumerates the entitlements of the individual against the corresponding obligations of the state. The Declaration of Rights under the current Constitution has the following weaknesses from the women’s perspective: 6.2
It fails to adequately protect women against discrimination
It omits to provide for socio economic rights
It protects cultural rights in a way that is harmful to women
It omits to address the work place rights of women
It does not provide for the horizontal application of rights This portion of the paper will assess the Declaration of Rights under the COPAC Draft on the extent to which it addresses each of these weaknesses, and also on the extent to which it incorporates Zimbabwe’s obligations under the main Human Rights instruments on the rights of women. Discrimination against Women 6.3 One of the weaknesses of the Declaration of rights under the current Constitution is its failure to provide for a complete set of grounds upon which discrimination is prohibited. Notable exclusions are culture, class and ethnic origin. 6.4 Equality and non discrimination are provided for under Clause 4.13 of the COPAC Draft which, first, states that all individuals have equality before the law and both genders have the right to equal treatment in all spheres of life including political, economic, cultural and social spheres. Clause 4.13 then prohibits discrimination on the grounds of nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief, political affiliation, opinion, custom, culture, sex, gender, marital status, age, disability or economic or social status, or other whether born in or out of wedlock. 7|Page