13.2
As noted previously, the COPAC Draft’s clear mandate that customs and practices must
respect women’s rights and equality is welcome. It is, however, dissapointing that the
promotion of women’s equality is not listed in the functions of traditional leadership. Nor
does the COPAC Draft contain any provision for encouraging women’s representation
among traditional leaders or on the Council of Chiefs.
14.Chapter 16: Agricultural Land
14.1
As Zimbabwe is primarily an agrarian society, with about 80% of the population living in
rural areas and gaining income from farming, access to productive land is crucial to
individual economic well being. The COPAC Draft reognizes the importance of ensuring
women have equal access to land. In Clause 16.2, the Draft states that the principles of
land distribution must take into account that allocation of land must be fair and equitable,
with regard for gender balance. Moreover, the Land Commission, responsible for
oversight of distribution mechanisms, is mandated to make recommendations to the
government on equitable access and the elimination of gender discrimination. Finally,
Clause 16.9 detailing the terms of membership in the Land Commission requires that the
members reflect the diversity of Zimbabwe’ population, with a focus on achieving gender
balance. These provisions are most welcome in ensuring women’s voice and needs are
taken into account in the distribution and use of land.
15.Chapter 17: Finance
15.1
Clause 17.1(b) recognizes that one of the principles of public financial management is to
make special provision for marginalized groups. This is a welcome acknowledgment but
the need for taking into account women’s needs in particular in public finance is well
recognized and should be reflected in the constitution.
15.2
It is submitted that the Constitution should reflect a mandate for gender-responsive
budgeting (GRB), government planning, programming and budgeting that contributes to
the advancement of gender equality and the fulfillment of women's rights. Such an
approach to finance would entail identifying and reflecting needed interventions to
address gender gaps in sector and local government policies, plans and budgets. Through
this mechanism, many of the constitutional rights to equality guaranteed to women by the
COPAC draft would be effectively actualized.
16.Conclusion
16.1
17 | P a g e
In conclusion, it can be said that the COPAC Draft is a significant improvement on the
current Constitution in the area of women’s rights. It contains the core components of a
gender sensitive framework and provides a much needed platform upon which women’s
equality can be based for generations to come. Should this Draft become Zimbabwe’s
new constitution, there will be much for women to celebrate, including constitutionally
protected gender equality, affirmative action, prevention of domestic violence, equal
representation in parliament, and equality in access to land.
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