Zimbabwe: Legal recourse and availability of state protection to female victims of sexual and/or domestic abuse; women's organizations and lawyer/advocacy groups and the exact nature of the services (shelters, protection, financial assistance etc.) that they provided and on how successful these groups are

In 23 January 2002 correspondence with the Research Directorate, a Zimbabwean-based Women Action's Group (WAG) representative provided the following information.

1. General: There can be no denying that sexual and domestic violence are problems in Zimbabwe. A study carried out by Musasa Project (another national organisation focused on issues of gender violence) in 1996 found that among 966 women, between the ages of 18 to 78: 42% reported experiencing psychological abuse; 37% reported experiencing sexual abuse, with 25% of married women reporting being forced to have sex with their spouse; 32% reported physical abuse, with 8% reporting being assaulted with a dangerous object or weapon; 23% reported physical or psychological violence while pregnant, with approximately 6% reporting physical assault during pregnancy. The majority of abusers were men close to the victims (husbands, fathers, boyfriends, etc.).

The study also made it clear that, as is the case elsewhere, many women are reluctant to speak about cases of violence, with family members or friends, for fears of being ridiculed or that it would anger their attacker.

The physical and sexual abuse of women by their husbands is both common and relatively accepted. In the absence of legal intervention, which is dealt with below, family members of both the man and the woman (including female relatives) will almost always encourage the couple to stay together, rather than split up. Should a woman run to her own family, she may be returned [to] the husband by her brothers, uncles, etc. (or worse, beaten again for misbehaving, then returned). Similarly, aunts on either side will very often tell the woman that such beatings are normal and that a man who does not beat his wife does not love her. While there are limits to this – a severe beating causing hospitalisation, for instance, might draw a more negative response from relatives – these limits are not well defined. As far as we know, this situation prevails across ethnic lines, and is certainly the norm amongst the Shona and Ndebele, who make up 80% or more of Zimbabwe's population.

It should be recalled that the handling of violence in such cases is linked to the system of bridewealth common throughout the country. Technically, where a woman divorces a husband, except in cases of gross abuse (gross infidelity not included), her family can be asked to refund all or part of the bride wealth they received from the husband's family. Obviously, this means that it is in the interests of the maternal family, financially and otherwise, to ensure that the couple stays together. Similarly, many husbands take their payment of bridewealth as "permission" to treat their wives however they please.

Women beaten by their boyfriends have very little of the already minimal support from their family, except in such cases as they convince their male relatives to exact revenge (not expected, but possible). As far as physical/sexual abuse of children is concerned, again, corporal punishment is the norm and is accepted. Sexual abuse, according to a number of observers, is on the rise, although this rise may be related to increased reporting. Sexual abuse of children is not accepted, and perpetrators are severely censured in family relations. They will not be offered any sympathy by the police or other organs of the law, either, but as is often the case with sexual crimes, convictions are difficult to attain.

2. Legal Recourse: Where there has been an incident of domestic abuse, women are legally entitled to report the perpetrator to the police, who are technically expected to arrest the husband/boyfriend involved and follow through with normal assault procedures (generally a fine on first offence and increasingly stiffer penalties with repeat offences). Similarly, sexual assault, including marital rape, is technically a crime in Zimbabwe.

In practice, however, domestic incidents are often handled differently than other assaults or cases of abuse. First, police officers generally share the attitude that domestic violence is a family problem to be dealt with at home, or that the woman may have brought it upon herself through certain behaviours. It is also very common (even prescribed practice) for police officers to actively work to reconcile the couple rather than working to protect the victim at whatever cost to the relationship. Especially in cases of sexual abuse, which in the context of marriage is seen as a foreign concept by most Zimbabweans, couples are often referred to the police public relations officer whose specific duty is to reconcile them whenever possible.

Various economic issues also militate against effective deterrence. Common assault carries with it a fine of Z$500, which is a very small amount by today's standards (comparable, perhaps to US$10-$20). Hence, many men consider it "worth it" to beat their wives continuously and just pay the fine (equal to what they may spend in a night of drinking). Also, because of budgetary shortages, it is now very rare for police to visit the scene of a domestic crime, and we have had a number of clients who have, upon reporting abuse, been asked to go get the perpetrator and bring him to the police station.

It is also possible that an abuse case can be brought before a traditional leader (usually chief or headman, occasionally church leader) for arbitration. We do not have any statistics, but would guess that this is only common in certain sections of rural Zimbabwe, and that many rural residents still resort to the formal legal system (police, etc.). These cases are a toss-up, as there is no particular code to follow and such leaders generally share the societal acceptance of most forms of domestic violence. On occasion, though, traditional leaders make judgements in favour of women/children suffering from abuse.

3. State Protection: As in many countries, the Zimbabwean legal system provides for the issuing of peace orders (restraining orders) in situations of domestic disputes. These are not particularly designed for gender abuse, though, being more often applied to disputes between neighbours and etc. In the event that a woman wants to be protected from a man abusing her, she can apply for a temporary peace order, which is immediately given. In order to confirm the peace order, she must provide proof to a judge that she is threatened (usually this confirmation is provided by a police case number). The man involved will be summoned, asked to deposit a surety, and the couple will be told to "go and keep the peace." Technically, if the man breaks the conditions of the peace order, he can be charged with contempt of court, but more often, he simply loses his surety.

It is not difficult to get a peace order if the woman knows the procedures and has easy access to the legal system. Lack of such access, though, is the norm outside of select urban centers. Either way, even when issued, peace orders are largely ineffective. The money required for surety is Z$200, less than the fine for assault, and so it is not likely that the man will see that he has much to lose. This is especially true given the lack of legal follow-up where peace orders are broken. In short, state protection exists in theory, but in practice is very ineffective.

It should be noted that women also have the right to institute civil procedures against men who beat them, but this is rare and we would not guess that, given local ideas surrounding domestic violence, they would have much luck in front of many judges.

In the case of child abuse, the state is unlikely to intervene except in the case of sexual abuse, where they may remove the child from the home and place it in foster care or with other appropriate relatives.

4. Services: To our knowledge, there are only four Zimbabwean organisations offering services specifically catering for domestic abuse: [1] Musasa Project, the most prominent, focuses on gender violence and has offices in Harare, Bulawayo, and Gweru. They offer counselling for victims and families, some legal assistance, and, in Harare, a temporary shelter. [2] Zimbabwe Women Lawyers Association offers free legal assistance to women, regardless of the issues involved. Similarly, we at [3] Women's Action Group (WAG) offer free legal assistance to women covering everything from domestic abuse to inheritance and divorce cases. Finally, [4] the Zimbabwe Girl Child Network provides shelter and assistance to girls affected by sexual and physical abuse.

All of these services are relatively successful, but only in a very limited sense. Most notably, rural women, who constitute 70% or more of the total number of women in the country, have very little access to these resources. Even many urban women either do not know of the services, or cannot afford to come to Harare or one of the other major urban centers, or find that the services do not adequately cover their needs. For example, due to high demand, Musasa Project's shelter service is very selective and short-term. Similarly, none of the women-focused organisations, including our own, has successfully reached out to residents of "high-density" (township and slum) urban areas. The one exception is Girl-Child Network, which is located in such an area, Chitungwiza. However, as you might imagine, it does not have the resources to fully cater for the 1 million plus residents of the city.

5. Conclusion: All told, as difficult as it is to admit, women and in Zimbabwe still have very little recourse in situations of physical or sexual abuse, whether from the state or civic society. The legal framework exists and is relatively helpful where child sexual abuse is reported, but otherwise, victims of physical/sexual abuse usually face a great deal of difficulty in protecting themselves from further abuse. Police and the courts are occasionally but not consistently helpful. Non-governmental services like ours are fairly effective but terribly inadequate given the size of the need. While family and church remain primary sources of support for women throughout the country, they may also hinder the search for appropriate justice and protection.

The point is that a woman or child faces a definite uphill battle in cases of abuse. Aside from all of the legal issues and lack of assistance and so forth, they must fight the very real perception/assumption that they may have "deserved it" or that, in the case of sexual abuse, "asked for it" or agreed to it when they got married, accepted a date, etc.

For further information on the Women's Action Group (WAG), including mission, objectives and activities, please refer to its web site at the following address: .

Referring to violence against women in Zimbabwe, Musara Project provides a similar assessment to that of Women's Action Group (WAG):

Violence against women in Zimbabwe is a substantial problem and most women are at risk of violence by men known to them, within the privacy of their homes. There are also isolated cases of violence from other family members. At the root of domestic violence in Zimbabwe are the existing inequalities between men and women. Women's subordinate position within the home is deeply entrenched in both traditional, legal, religious and social structures. A majority of Zimbabwean families are religious and in the religious and cultural circles the emphasis is on the woman's obligation to " submit to her husband".

Legal pluralism in Zimbabwe has allowed the co-existence of customary law alongside general law and at times the clash between the two results in customary law taking precedent and this usually puts women on the losing end. Women are vulnerable to domestic violence both because of their low status and lack of power in the family and because Zimbabwean society widely tolerates violence within marriage. Women are taught that violence is an inevitable part of a relationship and social norms commonly condone violence by men as a way of resolving disputes and exercising control within the family. Further Zimbabwean law does not recognise family violence as a serious offence and is generally considered less serious than violence among strangers (Musasa Project 11 Apr. 2001).

The Musasa Project's objectives include:

Enhance the development of women in society through raising public's awareness of the illegality and unacceptability of domestic violence;

Network with organisations and individuals that are interested in activities to curb violence;

Empower women to live positively and improve their lives;

Provide temporary shelter and counselling to women who are experiencing violence and abuse;

Identify and mobilise suitable and interested persons in communities who will facilitate the work of Musasa Project in various areas (Musasa Project 11 Apr. 2001).

Musasa further notes that concerning temporary shelter, a woman may stay for a maximum of two weeks by which time she will have made a decision to do something about her situation, can bring her children along but boy children above 13 years of age are not allowed."

For more information on The Musasa Project, including mission, programs and services, please refer to its web site on the following address: .

Reporting on Zimbabwe, a 11 February 2001 AFROL report stated that:

Domestic violence against women, especially wife beating, is common and crosses all racial and economic lines.

[ ...]

There has been a significant increase in the number of reported rape cases countrywide; most cases involved victims who were minors and family member abusers. Women face many obstacles in filing reports of rape. Many police stations are not prepared to handle properly the investigation of such cases. In addition, women are reluctant to file reports because of the social stigma of rape. Women's groups believe the actual number of rapes is underreported greatly. When cases go to court, lengthy sentences for rape and wife beating generally are imposed. A "binding over" order (an order to appear in court to respond to an accusation of violent behaviour) is issued based only on actual physical abuse and not on threats of violence. Courts also do not have the power to oust an abusive spouse from a matrimonial home. Systematic problems and lack of education often mean that police do not respond to women's reports or requests for assistance.

Several active women's rights groups, including WILDAF (Women in Law and Development in Africa), the Musasa Project, the Zimbabwe Women Lawyers' Association, the Women's Action Group (WAG), and the Zimbabwe Women's Resource Center and Network concentrate on improving women's knowledge of their legal rights, increasing their economic power, and combating domestic violence. Groups that focus on the issues of protection of women against domestic violence and sexual transmission of HIV/AIDS include the Women and AIDS Support Network and Musasa Project. There is a gender affairs office in the Office of the President headed by Minister of State Oppah Rushesha (AFROL 11 Feb. 2001).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Africa Online (AFROL). 1 February 2001. Zimbabwe: Gender Profiles. . [Accessed 21 Jan. 2002].

Musasa Project [Harare]. 11 April 2001. Vision, Mission, Objectives, Programs and Services. [Accessed 21 Jan. 2002]

Women's Action group (WAG) [Harare]. 23 January 2001. Correspondence with the Research Directorate.

Additional Sources Consulted

Africa Confidential 2001.

Africa Research Bulletin 2001.

IRB Database.

Keesing's Record of World Events 2001.

LEXIS/NEXIS.

Resource Centre country file. Zimbabwe. 2001.

Zimbabwe Human Rights NGO Forum. August 2001. Political Motivated Violence in Zimbabwe 2000-2001: A Report of the Campaign of Political Repression Conducted by the Zimbabwean Government under the Guise of Carrying Out Land Reform.

Web sites including:

Amnesty International.

BBC Africa.

The Financial Gazette [Harare].

Human Rights Watch (HRW).

Immigration &Nationality Directorate, UK.

The Mail & Guardian [Johannesburg].

Media Institute of Southern Africa (MISA).

Missionary Service News Agency (MISNA).

Panafrican News Agency (PANA).

ReliefWeb.

Zimbabwe Independent [Harare].

Zimbabwe Human Rights ONG Forum.

Zimbabwe Commercial Farmer's Union (CFU).

Zimbabwe Standard [Harare].

Zimbabwe Tobacco Association (ZTA).

Search Engines including:

Google.

Lycos.