Introduction and Background
1.1
The Constitution-making exercise being conducted under the terms of the GPA has now
come to the end of the drafting stage. The Group of 20 and the Women’s Coalition have
participated actively in the Constitution making process by carrying out its own public
consultations and producing a Position Paper of women’s expectations of the new
Constitution.
1.2
Zimbabwe is party to three international agreements on the rights of women at the
international, regional and sub regional levels: the United Nations Convention on the
Elimination of all Forms of Discrimination against Women (CEDAW), the Protocol to
the African Union Charter on Human and People’s Rights on the Rights of Women in
Africa (Maputo Protocol) and the Southern African Development Community (SADC)
Protocol on Gender and Development. All three agreements enjoin member states to
have Constitutions which adequately address the rights and needs of women1.
Position Paper
1.3
The Position Paper submitted by ZWLA to COPAC during the outreach stage identified
four broad needs that women expected to be addressed under the new Constitution
namely, recognition, equality, inclusion and protection and suggested the specific
constitutional formulations to address these needs, including the drafting language which
borrowed from best practices in other Constitutions.
1.4
The first official draft (“the COPAC Draft”) consisting of 18 chapters has been prepared
and made available to the public on July 17, 2012. The Women’s Coalition and Group of
20, with the technical analysis of ZWLA and support from UN Women, have scrutinised
the draft and this paper is a discussion of their assessment of the extent to which the draft
meets the expectations of women as contained in their Position Paper and conforms to
international standards on the protection of women’s rights in Constitutions.
Structure of the paper
1.6
1
The paper is structured in such a way which makes possible a systematic assessment of
each of the relevant provisions of the draft. It will point out and commend the provisions
which adequately address women’s needs but also point out any inadequacies and suggest
improvements. Not every chapter will be discussed but only those provisions which, in
the opinion of the writers, have a substantial bearing on the rights and welfare of women
in Zimbabwe.
See Art. 2(a) of CEDAW, Art 2(1)(a) of the Maputo Protocol and Art. 4 of the SADC protocol
3|Page