Regional: Model constitution with a gender perspective on the cards

The Constitution and legal rights cluster of the Southern Africa Gender Protocol Alliance is considering developing a model constitution with a gender perspective for the SADC region. This has been inspired by the specific targets of the 2008 SADC Protocol on Gender and Development, often dubbed the “how to” of the Millennium Development Goal number three on gender equality.

Currently there are constitutional reviews taking place or planned in several Southern African countries including Seychelles, Zambia and Zimbabwe. These provide opportunities for mainstreaming gender in a holistic manner in line with provisions of the SADC Gender Protocol and other legal instruments. Among other issues, constitutional debates revolve around issues such as people driven approach, socio-economic and cultural rights and response to HIV/AIDS, separation of powers, clear protection of women and children’s rights and other minority groups, and more representative electoral systems, including affirmative action provisions for women’s acquisition of political positions.

Zimbabwe provides a good example. With support from UN Women the country is seeking an expert who can support the Constitution Select Committee (COPAC) to ensure the inclusion of specific language into constitutional articles that sets out rights for equal opportunities and equal access to benefits.

It is acknowledged that this is critical in achieving gender equality. According to the terms of reference, it is noted that a constitution can then address these imbalances by protecting and promoting participation of women through special clauses. Constitutional clauses can protect women from discriminatory legal measures in key issue areas such as women’s and men’s equal access to land, property, education, health care, and work, as well as issues of family law (marriage, divorce, child custody, inheritance, marital property, etc), and equal opportunity for political participation.
Further, the international legal instruments that Zimbabwe is a state party to set the context for constitutional reform and provide the legal basis to demand government accountability and inclusion in the constitution drafting process. Working in collaboration with the Zimbabwe Women’s Parliamentary Caucus (ZWPC), women’s organisations and civil society groups and the constitution-making process, the expert will ensure that the 12 demands set out in the Women’s Charter of Zimbabwe are taken into account and that the process results in a constitution that is a foundation for inclusive peace building and creates a foundation for longer term gender responsive state-building.

The process aims to incorporate relevant key elements from international legal instruments such as CEDAW, AU Protocol on the rights of women, SADC Protocol on Gender and Development and Beijing Platform for Action and also that the national demands of Zimbabwean women articulated in the Zimbabwean Women’s Charter.