Zambia Law Development Commission

INVEST IN WOMEN AND GIRLS: ACCELERATE PROGRESS- ZAMBIA LAW DEVELOPMENT COMMISSION CELEBRATE INTERNATIONAL WOMEN’S DAY

Part of the ZLDC female members of staff

By Malik Kauya

International Women’s Day (IWD) is a worldwide event that recognizes the accomplishments of women in social, economic, cultural, and political spheres of life. It is one of the most important days commemorated every year to celebrate women’s achievements, raise awareness about gender equality, advocate for positive change, and support groups that focus on empowering women. The purpose of International Women’s Day is to encourage worldwide engagement and collective action in advancing women’s equality.[1] The 2024 United Nations’ International Women’s Day theme “Invest in Women: Accelerate Progress” emphasizes the crucial role women play in society, emphasizing their potential for innovation, economic growth, and social change. However, gender inequalities persist, necessitating investment in women for their full potential. Zambia’s commitment to reduce gender inequalities is a priority under the 8th National Development Plan (8NDP).[2]

Investing in women means providing resources for personal and economic growth, empowerment, and fulfillment. This includes training, financial support, and creating platforms for women to express themselves. By investing in women, we ensure over half of the global population is included in economic, health, and development opportunities, leading to a more inclusive society.[3]

Investing in women means more than just providing financial support. It involves creating an enabling environment that fosters gender equality and empowers women to participate fully in all aspects of life. This requires addressing the root causes of inequality, including discriminatory social norms and attitudes, unequal access to education, healthcare, and employment opportunities, and lack of representation in decision-making processes. Promoting gender equality is crucial in a world grappling with numerous socio-economic crises. For one, it is a critical measure to counter widening inequality.[4]

One of the areas of focus in this article is Invest in Women: A Human Rights Issue. Gender equality remains the greatest human rights challenge. Investing in women is a human rights imperative and cornerstone for building inclusive societies. Progress for women benefits us all.[5] Zambia has made significant progress in achieving gender equality and women’s empowerment through law reform, policy achievements, and cultural challenges. Some of the achievements and challenges faced are highlighted below.

Zambia’s Achievements

  1. The Constitutional of Zambia (Amendment) Act No. 2 of 2016 guarantees equality between men and women as it recognizes that every person in Zambia is entitled to all fundamental rights and freedoms contained in Part III of the Constitution. Article 8 of the Constitution provides for national values and principles which include non-discrimination. Investing in women advances society by translating Constitutional rights into real opportunities and creating a culture in which women’s rights and equal worth are actively pursued rather than only acknowledged on paper. Further, Article 259(1) (b) places gender equality at the pinnacle of appointments by providing that “where a person is empowered to make a nomination or an appointment to a public office, that person shall ensure that fifty percent of each gender is nominated or appointed from the total available positions, unless it is not practicable to do so.”
  2. The Gender Equity and Equality Act, No. 22 of 2015 in particular mandates public and private bodies within their ambit of responsibility to promote gender equity and equality in all spheres of life and requires them to implement special measures which actively seek to eliminate all forms of discrimination, afford both sexes equal representation and participation in all spheres of life and eliminate the exploitation of both sexes in the labour market.
  • The National Gender Policy, 2000 as revised in 2014 was developed to ensure the attainment of gender equality in the development process by redressing the existing gender imbalances. Further, the Policy provides equal opportunities for women and men to actively participate and contribute to their fullest ability and equitably benefit from national development.[6] In implementing the policy, the focus was to facilitate the repeal and amendment of legislation that discriminates against women; increase access to and control over productive resources such as land and credit facilities; enhance access and utilization of information and technology; and mainstream gender in all socio-economic and political policies, programs, plans, projects and the national budgets to ensure that they are gender-responsive.[7]

ZLDCs achievements

The Commission is a statutory body created under the Zambia Law Development Commission Act, Chapter 32 of the Laws of Zambia, and given the primary mandate of law review. The Commission, similar to various government entities, endeavors to acknowledge the social, economic, and cultural accomplishments of women. Through advocating for law reforms that foster gender equality, the Commission actively encourages women’s engagement in all aspects of society. Among its diverse initiatives, the Commission has successfully concluded and delivered various projects, exemplifying its commitment to promoting women’s rights and equality. The following are some of the works of the Commission.

  1. The Anti-Human Trafficking Act No. 11 of 2008 was intended to enhance the protection of vulnerable groups of society such as women and children.
  2. The Commission and the Rural Electrification Authority conducted a review of the Rural Electrification (Amendment) Bill in 2020, aimed at assessing its comprehensiveness in addressing social and economic needs. The project’s key findings and recommendations included a proposal to delete or align Section 6(2) of the Amendment Bill, which mandated the appointment of at least two women to the Board. The suggestion was aimed at avoiding inconsistency and potentially reinforcing the principles of gender equality outlined in Article 259(1) of the Constitution.
  3. In 2017 the Ministry of Gender (now the Gender Division) engaged the Commission to undertake a review of the Anti-Gender Based Violence Act No.1 of 2011. This review process was prompted by increasing gender-based violence cases and a lack of cohesion in the multi-disciplinary functions of the pertinent government institutions collectively involved in managing and disposing of reported gender-based violence cases. This also led to among other things the establishment of the GBV Fast-track Court, demonstrating a comprehensive approach to societal well-being.
  4. The Commission published an article “The future is female- the importance of female participation in politics and decision making” addressing gender inequality and low female participation in Zambian politics. The article highlights the appointment of Ms. Nelly Muti and calls for investing in women, strategies like proportional representation, and amendments to the Zambian Constitution.

Cultural Challenges and Setbacks:

  1. Challenges persist in Zambia’s deeply rooted cultural values, characterized by patriarchal norms across tribes. This perpetuates women’s subordination in decision-making, ownership, and inheritance.
  2. The feminisation of poverty remains a concern, particularly in rural areas where poverty levels among women reached 76.6 percent
  3. Disparities in income between male and female-headed households further hinder women’s participation in national development
  4. The dual legal system, influenced by customary laws which in most cases favour men, conflicts with Constitutional provisions for equal rights, impacting areas such as land, inheritance, and marriage.[8]

Recommendations

To make the 2024 United Nations ‘International Women’s Day theme “Invest in Women: Accelerate Progress” a reality there is a need for Zambia to among other things:

  1. Strengthen measures to increase women’s access to and control over land and credit facilities.
  2.  Address systemic barriers to enhance women’s economic empowerment and financial inclusion.
  3.  Enhance initiatives to bridge the digital gender gap and improve women’s access to and utilization of information and technology.
  4.  Address inconsistencies in legislation, aligning or deleting sections that may perpetuate gender imbalances and ensuring alignment with Constitutional principles of gender equality.
  5.  Regularly assess and amend existing legislation to eliminate discriminatory provisions and align with Constitutional principles of equality.
  6.  Strengthen efforts to integrate gender considerations into all socio-economic and political policies, programs, plans, projects, and national budgets.
  7.  Implement measures to enhance women’s access to and control over productive resources, such as land and credit facilities.

By understanding both the achievements and challenges faced by Zambia in promoting gender equality, it becomes apparent that investing in women is crucial to accelerating progress and achieving sustainable development, The Commission, in celebration of International Women’s Day 2024 under the theme ‘Invest in Women: Accelerate Progress,’ continues its mandate to review,  recommend and reform the law, emphasizing gender equality.

The Commission celebrates International Women’s Day 2024 by emphasizing the importance of investing in women for sustainable development. The country has made significant progress in policy and legislation reform, promoting gender equality and group empowerment. Through significant strides in law reform and policy achievements, Zambia demonstrates a commitment to promoting gender equality and addressing cultural challenges. As we commemorate this day, Zambia’s dedication to investing in women, coupled with legal initiatives, paves the way for a brighter and more inclusive future.

In commemorating International Women’s Day 2024, Zambia’s commitment, as exemplified by the Commission, shines brightly. By investing in women through law reforms, and economic empowerment, Zambia provides a way for a more equitable society. This celebration urges collective empowerment, breaking barriers for an inclusive future

 

FOOT NOTES

[1] https://www.businessgrowthhub.com/events/2024/03/international-womens-day-invest-in-women-accelerate-progres

[2] Republic of Zambia, 8th National Development Plan 2022 – 2026

[3] https://www.jsi.com/reflections-on-investing-in-women/#:~:text=Investing%20in%20women%20means%20ensuring,benefits%20society%20as%20a%20whole.

[4] https://www.irena.org/Events/2024/Mar/Invest-in-Women-Accelerate-Progress-Through-Renewable-Energy#:~:text=In%20parallel%20with%20UN%20Women’s,in%20renewable%20energy%20and%20beyond.

[5] https://www.unwomen.org/en/news-stories/announcement/2023/12/international-womens-day-2024-invest-in-women-accelerate-progress

[6] National Gender Policy 2014: Zambia.

[7] ibid

[8] ibid