4
In Their Capacity as Human Rights Defenders: Women
most notably in its article 12(2), the primary responsibility for developing such mechanisms,
and indeed specific measures for the protection of women HRDs and HRDs in general, lies
with the state. UN General Assembly Resolution 68/181 of 18 December 2013, Promotion of the
Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote
and Protect Universally Recognized Human Rights and Fundamental Freedoms: protecting women
human rights defenders, specifically addresses issues of women HRDs and calls on UN member
states to take appropriate, robust and practical steps to protect women HRDs. It also urges
states to acknowledge publicly the important and legitimate role of women HRDs in the
promotion and protection of human rights, democracy, the rule of law and development.
The acknowledgment of the particular situation and role of women HRDs and those
defending women’s rights or gender issues implies the upholding of the principles of gender
equality and non-discrimination. This is essential to recognising the specific challenges and
risks this group of defenders faces and to ensure their protection.
1.3 Overview of challenges faced by women HRDs
Over the years in Zimbabwe, and more particularly since the 2008 elections, HRDs have
remained endangered when conducting their legitimate activities in the country, with their
security and safety becoming more precarious before, during and after elections. The position
of women HRDs was, and has also remained, very compromised.
Some of the challenges that have been faced by HRDs generally and women HRDs specifically
include:
§
Curtailed security of the person and protection of the law for HRDs through arbitrary
arrests and detention and continued selective application of the law. Provisions of the
Public Order and Security Act (POSA), Access to Information and Protection of Privacy
Act (AIPPA) and some provisions of the Criminal Law (Codification and Reform) Act
continue to be applied selectively against HRDs. This has been a tool of persecution, used
in an effort to distract them from carrying out their legitimate activities of advocating for
the promotion and protection of human rights. For women HRDs, the impact of such
arrests and detention does not end upon release. They face further harassment by their
family members who feel that they have acted way out of line. The removal of women
HRDs from their gendered roles during the period of detention also leaves a vacuum,
which at times may have to be filled by the spouse, partner or other male relative. This
role of caregiving and taking responsibility for the family unit will be assumed, albeit
grudgingly. When the woman HRD is finally released, her family and community may
then subject her to, at the very least, a tongue-lashing and character assassination. “Who
does she think she is? She was very irresponsible leaving the children to go and engage in
such activities,” becomes a common refrain.
§
Abductions and enforced disappearances of HRDs that violate the rights to security and
dignity and expose HRDs to torture, inhuman and degrading treatment have been
experienced. Women HRDs who are disappeared are susceptible to being violated
sexually as they are removed from the protection of the law. They can be raped or have
other unlawful and degrading sexual acts performed on them whilst they are outside the
protection of the law.