Committee on Elimination of

 Discrimination against Women

980^th & 981^st Meetings (AM & PM)

Delegation Tells of Legislative Milestones as Women’s Anti-Discrimination

 

Committee Considers Zambia’s Implementation of Convention

 

Recommendation to Repeal ‘Discriminatory’ Constitutional Provision Recalled

Despite heavy financial constraints, a largely illiterate population and long-standing customary practices that subordinated women to men, Zambia had achieved a number of legislative milestones this year — the anti-gender-based violence act and the education act among them — and the Government was determined to continue improving women’s standing in a diverse society, officials told the Committee on the Elimination of Discrimination against Women today.

Presenting her country’s combined fifth and sixth periodic reports, Winnie Sithole-Mwenda, Permanent Secretary in the Ministry of Justice, said Zambia was a cosmopolitan country in which different ethnic and religious groups coexisted, and women were allowed to operate in all spheres of society.  “Such a feat cannot and should not be taken lightly,” she said, emphasizing the Government’s strong commitment to furthering women’s rights and welfare through legislative, judicial and administrative measures.

She said the reports had been prepared with wide participation from Government ministries, the National Assembly, the judiciary and civil society.  They described Zambia’s implementation of the Convention on the Elimination of All Forms of Discrimination against Women, covering, among other topics, the constitutional prohibition of discrimination, the Zambia development agency act — which promoted gender equality in accessing, owning and exploiting economic resources — and the results of a study aimed at ensuring that customary laws were in line with current social, political and economic values.

Following her presentation, Committee experts asked the 20-member delegation whether education indicators were being collected annually, and pressed for additional data on the impact of the 2011 education act, which appeared to be a revision of previous legislation.  Other questions centred on how the Government was addressing sexual harassment and corporal punishment in schools.

Several experts recalled the Committee’s 2002 recommendation that Zambia repeal article 23(4) of its Constitution, which permitted discriminatory laws relating to revenue allocation, adoption, marriage, divorce and the devolution of property upon death, among other things.  Some asked why similar provisions still existed and questioned the sufficiency of the Government’s political will to repeal article 23(4) in the context of the 2003 constitutional review process, which had been intended to eliminate discriminatory provisions from the Constitution.

Moreover, gender-based violence remained a concern across Zambia, other experts observed, listing statistics on the number of rapes reported in recent years.  Still other experts remarked that attitudes towards polygamy, bride price (lobola) and related practices were largely formed by the “loud voices of conservatives” rather than the “silent majority”, which was likely to oppose them.

Tackling some of those issues, Ms. Sithole-Mwenda said the Government did indeed have the political will to amend article 23(4), as demonstrated by its plans to hold a referendum on the matter.  Amendments could be made to the Constitution’s bill of rights or to the Constitution itself — either of which would require a referendum.

Further explaining the public’s views on polygamy, another official said that when statutory law overrode customary law, many people felt they were “losing something that is inherently Zambian” and that their customs were disappearing.  They felt that polygamy and bride price were inherently part of Zambian custom and were not prepared to abolish them.  Enforcing State laws carried the risk that they would be ignored.  To combat gender-based violence, another delegate said, the Government had carried out a “mapping” of existing legislation to understand which provisions of the Convention had been incorporated into domestic law.

Another official discussed a Government study aimed at harmonizing statutory and customary laws.  Respondents to questions about polygamy and bride price overwhelmingly favoured retaining them, saying they understood the implications of that decision.  They viewed the practices as essential to a valid traditional marriage.

As for the 2011 education act, another delegate said it prohibited corporal punishment in schools and prescribed both a fine and a prison sentence of up to one year for perpetrators.  However, it did not address the question of early marriage and had therefore been repealed to ensure the addition of such a provision.  Regarding sexual harassment, the Government was developing guidelines to prevent child abuse in schools, and working to sensitize girls about sexual abuse, gender-based violence and related issues.

The Committee will reconvene at 10 a.m. on Thursday, 14 July, to take up the sixth periodic report of Italy.

Background

The Committee on the Elimination of Discrimination against Women met this morning to consider the combined fifth and sixth periodic reports of Zambia (document CEDAW/C/ZMB/5-6).

The Zambian delegation was led by Winnie Sithole-Mwenda, Permanent Secretary, Ministry of Justice, and included Matondo M. Yeta, Permanent Secretary, Ministry of Lands; Maria Mapani Kawimbe, Coordinator, Governance Secretariat; Christine Kalamwina, Director, Social, Legal and Governance, Gender in Development Division; Thandiwe Daka Oteng, Acting Director, International Law and Agreements Department, Ministry of Justice; Jane Chinkusu, Acting Director, Science and Technology, Ministry of Science, Technology and Vocational Training; Elias Mwila, Assistant Director, Administration and Logistics, Ministry of Health; Betty Timba Ngulube, Divisional Coordinator, Community Services, Zambia Police; and Simon Mulenga Kapilima, Assistant Labour Commissioner, Ministry of Labour and Social Security.

The delegation also included Teddy Chola, Deputy Commissioner, Zambia Prisons Service; Dorothy Jolezya Zimba, Executive Secretary, Police Public Complaints Authority; Kadange V. Mvula, Chief Education Officer, Board Services, Ministry of Education; Rumbidzai Mutasa, Principal Legal Counsel, Human Rights Commission; Chibesa Bezo Kankasa Maimbo, Senior Research Officer, Zambia Law Development Commission; Martin Musonda Kunda, Senior Sociologist, Policy and Planning, Ministry of Agriculture and Cooperatives; Greatson Chipalo, Assistant Secretary, Ministry of Home Affairs; Norbert Bukoka, Gender Specialist, Gender in Development Division; Lydia K. Matapo, Counsel, International Law and Agreements, Ministry of Justice; and Linda Nyasulu, Gender Analyst, Central Statistical Office.

Introduction of Report

Ms. SITHOLE-MWENDA presented the combined fifth and sixth report, saying that State reporting procedures required the Ministry of Justice to include all relevant stakeholders in its preparation.  After a draft report had been prepared, national validation workshops had been held to ensure that the content represented the views provided by stakeholders during the consultative process.  The “highly participatory” process entailed consultations with all relevant Government ministries and departments, the National Assembly, the judiciary, civil society organizations and statutory bodies at the national and provincial levels.

Giving an overview of the country, she said Zambia was a cosmopolitan State in which different ethnic and religious groups coexisted, and where women were allowed to operate in all spheres of society.  “Such a feat cannot and should not be taken lightly,” she said, noting also that the Government was strongly committed to furthering their rights and welfare through legislative, judicial and administrative measures.

Turning to the report, she said the first part contained responses to issues raised by the Committee during its consideration of Zambia’s combined third and fourth report, while the second part provided information on implementation of the Convention on the Elimination of All Forms of Discrimination against Women.  That section included details of the constitutional prohibition of discrimination on the basis of sex, among other factors; the enactment of the industrial and labour relations act, which prohibited any form of discrimination; and the enactment of the Zambia development agency act, which promoted gender equality in accessing, owning and exploiting economic resources.

She went on to explain that the report also contained details of the Zambia police amendment act; a study aimed at ensuring that customary law was in line with current social, political and economic values; attainment of the 50 per cent threshold of women’s participation in decision-making positions on the High Court and Supreme Court; incorporation of human rights teaching in primary and secondary schools; and the June 2010 launch of the Campaign for Accelerated Reduction of Maternal Mortality in Africa.

There had been a number of legislative amendments since Zambia’s last report, she said, citing the 2011 anti-gender-based violence act, the 2008 anti-human trafficking act and the 2011 education act, which promoted equal access to education.  At the same time, the Government was mindful of the “huge responsibility” it bore in implementing such measures — efforts that had been inhibited by financial constraints, the fact that a large number of women were illiterate and thus unable to claim their rights, and negative customary practices that subordinated women to men.  Despite such challenges, however, the Government placed much importance on the protection and promotion of women’s rights, she said.

Experts’ Questions and Comments

PATRICIA SCHULZ, expert member from Switzerland, kicked off the question-and-answer session by noting that previous information relating to the Committee’s questions and conclusions had been distributed only in English, and only to certain parties.  What type of distribution was planned for the conclusions and recommendations from the current session, she asked, noting also that the report used mostly outdated information from 2006 or 2007, and calling for updated data.

She asked what resources were available to Zambia’s Gender and Development Division, and whether it operated in a centralized or a decentralized way.  How did it ensure coordination between the capital and the field, and how did it interact with the new Ministry of Gender and Development?

Concerned about several matters mentioned in the report, including the domestic application of the Convention, the enabling of discriminatory laws, and certain aspects of personal law, she said nothing had changed in that respect since the last review in 2002, and they remained in contradiction of the Convention.  How did the Government see that situation? she asked, citing, in particular, a contentious bill that ran contrary to the Convention and was under consideration for incorporation into the constitution.  Would a referendum be held on that bill, or would another bill that was in compliance with the Convention be proposed instead?

DUBRAVKA ŠIMONOVIĆ, expert member from Croatia, addressing the same matter, recalled that the Committee had recommended in 2002 that Zambia repeal the discriminatory article 23(4) of its Constitution, but similar provisions remained in contradiction of the Convention.  Could the delegation explain why that was? she asked.  Did they feel there was sufficient political will for change in Zambia?  She said she was also concerned that the Constitution contained no general prohibition of discrimination against women, in line with the Convention’s article 1.  As for the Optional Protocol, which Zambia had signed in 2008, she requested more information with respect to its future ratification.

NICOLE AMELINE, Committee Vice-Chairperson and expert member from France, emphasized that customary law must be in line with the Convention’s provisions.  The Constitution needed clarification, he said, adding that legislation must be attuned to the protection of women’s rights, and the legal system must be rendered more effective in that respect.  It was critical that civil society and international actors play a role in all those respects.

OLINDA BAREIRO-BOBADILLA, expert member from Paraguay, said Zambia’s Constitution was “well drawn-up”, but article 23(4) gave the Government a kind of immunity on discrimination against women.  She said she was also concerned about its clause on customary law, which did not allow for the prohibition of discrimination in tribal or other types of customary law and ran contrary to the Convention.  Additionally, she asked what support was available to non-governmental and other organizations working in support of women’s rights.

YOKO HAYASHI, expert member from Japan, expressed disappointment with the “formalistic” nature of some responses to the Committee’s questions, noting that some of them were not detailed and were therefore unclear.  On property and succession laws, she said the current laws should have led to court cases and remuneration for widows.  Had there been any such instance? she asked, stressing that statistics were needed on that issue.

With regards to a study on attitudes towards polygamy and bride price, or lobola, as described in the report, she said it had found most women supportive of the practices.  What kind of survey had been used to reach that conclusion?  Why did the delegation feel that so many women supported it? she asked, pointing to a section of the Convention that highlighted polygamy’s negative psychological consequences on women.

On the matter of birth registration and undocumented children, she asked what access they had to public services, and requested more concrete statistics in that respect.  As for the new education act — which prohibited the removal of children from school for purposes of marriage — she asked for statistics on the number of cases recorded and on the number of perpetrators actually punished.

RUTH HALPERIN-KADDARI, expert member from Israel, returning to the matter of customary law, said she was aware of the impediments and sensitivities caused by tradition, but Zambia had not stood up to the challenge that it had taken by ratifying the Convention.  Referring to the report’s study on customary law, she asked about the composition of that survey, and whether women had been involved.  Did it have a practical aim, such as identifying ways to harmonize customary laws with the Convention?  Were those surveyed on bride price aware of the legal consequences of the practice, or the legal rights of women?

Since Zambia had a “dual system” of marriage in which some people were married under statutory law and others under customary law, could measures be proposed to ensure that the former took precedence, thereby protecting the rights of women?  The report noted that even couples married under customary law were entitled to equal shares of property, she noted, asking about the definition of marital property in such cases, and requesting more information.

With respect to custody, she said that according to national law, it was the responsibility of individuals to guarantee that the best interests of the child were protected.  However, that was certainly not the case, she said, stressing that it was the Government’s responsibility to do so.  Finally, on “property grabbing” and sexual cleansing, she asked why the State had not criminalized those practices outright, as it had done with other harmful practices.

Delegation’s Response

Ms. SITHOLE-MWENDA, on why concluding questions had been distributed only in English, explained that most Zambians were illiterate and would not have been able to read the information even in local languages.  However, the Government might translate them into the seven major vernaculars.

Another delegation member added that the Government would in the future make more use of community radio throughout the country.  As for whether the report reflected the current situation in Zambia, she said it had been prepared in 2005, but many of the statistics it contained were from 2011.

Regarding the Government’s interactions with the gender machinery, another delegate said the latter was headed by a male Cabinet Minister to ensure that gender issues were represented at the highest level.  The gender machinery had a well-balanced structure comprising male and female directors, specialists and 80 gender analysts.  A joint gender-support programme was being implemented with various cooperating partners, and there were also gender focal points.  Action plans were budgeted every quarter, and the gender machinery was decentralized to the district level, she said.

Ms. SITHOLE-MWENDA, responding to the question of a referendum, said the constitution was the supreme law of the land and article 23 was an entrenched provision.  A referendum would be held but “maybe not this year”, she said, explaining that a census and tripartite elections had been held recently.  article 23 contained a provision prohibiting discrimination on the basis of sex, she said, pointing out that it also covered discrimination against women, which the Government felt was adequate protection.  Zambia had not ratified the Optional Protocol, but consultations were ongoing, she added.

Responding to another query, another delegation member explained that the United Nations Children’s Fund (UNICEF), the United Nations Population Fund (UNFPA) and the United States Agency for International Development (USAID) had participated in preparing the report.

Ms. MUTASA, answering a question about the Human Rights Commission, said it had been working to sensitize women to the provisions of the legal framework which protected them.  The Gender Equality Committee helped civil society groups involved in women’s rights protection, mainly by providing technical support, as requested.

Another delegation member, responding to the questions about bride price, explained that the Government had undertaken to regulate customary marriages.  When it collected information from non-governmental organizations, the public and other Government departments, it asked whether people preferred to abolish bride price and polygamy, to which they overwhelmingly responded that they wished to retain them, while explaining that they understood the implications of those decisions.

On that issue, another delegation member discussed a 2009 State of Governance report issued by the Central Statistical Office and the Governance Secretariat.  Covering the entire country, it contained responses from 18,000 people to three questions about the payment of bride price:  Did people agree with it?  Who paid for it?  And were people happy with the amount paid?  More than 95 per cent of the respondents agreed with the payment of bride price, she said.  The study also asked people — including those who had completed primary and secondary school, as well as higher education and those who were illiterate — about their income.  About 88 per cent of the population said they had paid bride price, and of those, 84.4 per cent — including those with no income — had said they found it affordable.

To the question on sexual cleansing, she said Penal Code Amendment 15 (2005) criminalized the practice under the “harmful cultural practices” provision.  “Property grabbing” fell under another act currently being reviewed because it denied the beneficiaries of an estate their benefits.

As for harmonizing customary and statutory law, she said the latter would prevail when cases were in dispute.

Offering background on that issue, another delegation member described a case that had set a precedent for marriages dissolved under customary law, saying that it provided for women to receive a more equitable share of the property.

Ms. SITHOLE-MWENDA, responding to the question about the new education act, said it just entered into force and it was therefore not possible to provide statistics.  As for the dual legal system, she said it was true that some women were married under both statutory and customary law, but statutory law would prevail in a conflict.

To a question about fathers having custody of children, another delegation member said that practice did not constitute discrimination, explaining that some ethnic groups were patrilineal and others matrilineal.  Decisions about child custody were made according to the practice of either one as appropriate.

Experts’ Questions and Comments

ZOHRA RASEKH, Committee Vice-Chairperson and expert member from Afghanistan, said she was disappointed that no significant progress had been made in the areas of women’s economic empowerment and abolishing harmful social practices, among others.  Why had the State not taken the appropriate measures under the Convention, and what obstacles did progress face in those areas?  Was there sufficient political will to ensure the advancement of women in Zambia?  She noted that, according to the report, there were a number of challenges in that respect, including the lack of a quota system to advance women’s political participation and their role in decision-making.  It was the Government’s responsibility to set such quotas, she stressed, asking what plans were being made in that respect.

With regard to negative cultural attitudes and negative biases, she said there were many examples of programmes in other countries that were effectively countering such beliefs.  Had the Government considered implementing such initiatives, including through legislation and policy? she asked.

Ms. ŠIMONOVIĆ, expert from Croatia, said the report contained little information on temporary special measures, and asked how legal ground would be established for their introduction.  Would there be new laws on gender equality, or new family laws?  What was planned for the future in that respect?

NAELA MOHAMED GABR, expert member from Egypt, said Zambia’s progress was not “up to the level of all expectations” and there was need to act rapidly.  What practical steps could be taken to activate the Convention and implement related laws? she asked.  What initiatives were planned in terms of literacy and mass media as awareness-raising tools, especially radio and television?

With regard to attitudes towards bride price and related practices, she noted that it was the “loud voices of conservatives” that were usually heard while the “silent majority” — which most likely opposed those practices — had less of a chance to be heard.  For that reason, political will was needed to counter those practices, irrespective of the results of the study cited in the report.  She went on to emphasize that more must be done to end violence against women, girls and women with disabilities.  Additionally, challenges remained to the implementation and monitoring of the mechanism established to counter human trafficking, she said, highlighting the problem of trafficking through marriage and child brokers, while requesting more information on the issue.

ZOU XIAOQIAO, expert member from China, noted that cultural and societal attitudes towards harmful practices were deep rooted and widespread in Zambia.  In particular, early marriage and early childbirth were heavily favoured.  About 40 per cent of men and 50 per cent of women surveyed also believed that domestic violence was acceptable, she said, emphasizing that the elimination of those harmful practices was a long-term task on which the Government should show its commitment.  Was Zambia’s incorporation of human rights education into school curricula only a short-term measure, or was a follow-up initiative planned?  Would human rights education be incorporated into primary and secondary schools, as well as public and private institutions?  Given the continuing practice of property grabbing, had Zambia ever used legal means as a deterrent? she asked.

VIOLET TSISIGA AWORI, Committee Rapporteur and expert member from Kenya, said that several measures to counter sex-role stereotyping were in place, including a 2003 law.  Additionally, a study had been conducted on the reinstatement of cultural laws to eliminate gender stereotyping, while radio stations had been widely established in rural areas to raise awareness.  Nonetheless, all those initiatives faced obstacles, she said, asking what further measures were in place to completely eliminate sex-role stereotyping and other negative attitudes.  Gender-based violence remained a concern across Zambia, she said, citing statistics on the number of reported rape cases over the last few years.  Did those figures represent the real number of cases, and what protection was offered to victims of gender-based violence?

SILVIA PIMENTEL, Committee Chairperson and expert member from Brazil, asked whether the introduction of administrative measures, including a national cultural policy, had been effective, particularly with respect to gender-based violence.  While some progress had been achieved in eliminating stereotypes, challenges remained in implementing article 4 of the Convention, she said, asking the delegation to report further on the impact of measures taken to eliminate stereotypes.

ISMAT JAHAN, expert member from Bangladesh, said Zambia was both a source and a destination country for human trafficking, and not enough statistics were available on that illicit trade.  Was the anti-trafficking law of 2008 sufficiently aligned with the Palermo Protocol, to which Zambia had acceded? she asked.  How strong was that law, and did the ministerial committee established under the relevant act receive sufficient resources and funding?  Could the delegation confirm that no centres for victims of trafficking had been created since the act’s passage?

She went on to say that the legal framework governing trafficking was neither strong enough nor clearly defined.  Had there been any attempt to address that legislative gap or the shortcomings of the Penal Code? she asked.  Could statistics be provided on the number of cases and convictions in the last year?  Given the critical importance of awareness-raising, what measures had the Government taken in that respect?

On the related issue of women migrant workers and women refugees at high risk of abuse and forced prostitution, she asked what measures were being undertaken to ensure their protection.  Had immigration and police personnel been given the appropriate training?  What mechanisms had been put in place to ensure accountability in cases of abuse?  Would Zambia sign on to the InternationalConvention on the Protection of the Rights of All Migrant Workers and Members of TheirFamilies?  How many cases had been prosecuted and convicted under related laws?  Had prostitution been criminalized or merely its exploitation?

Delegation’s Response

Ms. SITHOLE-MWENDA responded by touching on various social measures undertaken to improve women’s access to financial credit and support entrepreneurship.  The Ministry of Community Development offered three kinds of social cash transfers, she explained.

Another delegate highlighted economic empowerment programmes, recalling that the Government had enacted the economic empowerment act in 2010, especially to help rural women.  The Ministries of Community Development, Gender and Tourism were involved in ensuring that women could access specific funds, and programmes launched under the national gender machinery included the sixtieth national development plan, which targeted women in all sectors.  The Government had spent a lot of money in 2010 to purchase 162 hammer mills so that women could buy maize and process it into goods that they could sell.  The Government was also working to see that women could sell their maize to mill companies, she added.

Another delegate cited the Women Empowerment Fund and a cash transfer scheme aimed at improving women’s social and economic situation.  A “self-help” initiative involved the Government giving grants to individual women or groups of women so that they could devise their own economic empowerment programmes.

In another response, a delegate said all political parties were encouraged to appoint women to decision-making positions.

Ms. SITHOLE-MWENDA, responding to questions about negative cultural attitudes and biases, commented that the Government was not averse to learning about good practices from other countries, and requested any information in that regard.

Another member of the delegation added that the 2003 cultural policy, the first enacted since independence, was important in providing guidelines on certain issues, but it also seemed to “lag behind” in that it excluded others, and was under review.  Among its salient features was its recognition of gender issues.  A revised policy would not include measures that “place women in the back seat” regarding cultural affairs.

Mr. MVULA, responding to another question, said the 2011 education act provided for gender balance and equal opportunities in education, as well as punishment for offenders.  “It is well elaborated,” he added.  To a query about whether the Government would extend human rights education to private schools, he said it would indeed do so to all private schools in the country.

Another delegation member, discussing a law to deal with gender-based violence, said Zambia had carried out a “mapping” of legislation to understand which provisions of the Convention had been incorporated into domestic law.  A number of policies incorporated most of its provisions, and various action plans — including the National Action Plan on Women, Girls and HIV/AIDS — also had been carried out.  The Government had budgeted for implementation of the law on gender-based violence in its sixtieth national development plan, which was under review.

Ms. MAIMBO discussed women’s feelings about polygamy, saying that when statutory laws overrode customary law, people felt they were “losing something that is inherently Zambian”, and that newly introduced laws did away with custom.  They felt that polygamy and bride price were inherently part of Zambian custom and were not prepared to abolish them.  Enforcing State laws carried the risk of people ignoring them, she said.

Regarding the interstate succession act, she said comments about 20 per cent of the estate being given to the widow and the rest to family were wrong.  Rather, 50 per cent of the estate went to the children while the parents of the deceased person received 20 per cent.

Ms. MUTASA added that provisions of the interstate succession act allowed for situations in which there was no spouse or children.  Much protection was provided to help the immediate family maintain the status quo.  The Human Rights Commission had been going into most rural areas to sensitize women on such provisions and to teach them how to write wills.

Ms. NGULUBE, addressing violence against women, said that, in the past, people often did not understand what constituted that kind of violence.  Today, victims who were ignorant of such crimes as sexual harassment, for example, were able to report cases to the police, who in turn took the perpetrators to court.  Police also were being trained through the “Access to Justice” programme.

Regarding trafficking in women, another delegation member said the relevant act had become law in 2008, before which offences had been dealt with under the immigration act.  Statistics were available for the years after 2008.  In 2009, for example, there had been nine cases of human trafficking; four convictions had been secured and one case was pending.  Four cases had not been taken to court due to a lack of evidence.  The Ministry of Home Affairs provided much of the resources for those efforts and mass media were used to sensitize the public to the problem.

Another delegation member added that the 2008 act incorporated provisions of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.

Ms. KALAMWINA, addressing harmful cultural practices, highlighted measures to eliminate sexual stereotyping, saying the Government had developed a comprehensive communication strategy targeting the media, which played a critical role in changing mindsets, especially among senior editors.  It also used community radio stations throughout the country, broadcasting in local languages, and the benefits of such efforts had already been seen.

Ms. KAWIMBE, discussing the same issue, emphasized that radio broadcasts could be received in remote areas, pointing out that there were 12 public radio stations, 11 commercial stations, 2 education stations and 9 religious stations.  Any sensitization campaigns would be well received by most Zambians, he added.

Ms. SITHOLE-MWENDA said there were 12 one-stop centres for victims of gender-based violence around the country, including one in Lusaka.  The Ministry of Community Development also maintained shelters for abused girls and elderly people in each of the country’s nine provinces.  In response to another query, she said migrant workers and refugees had the same rights as any other woman in Zambia and faced no discrimination of any kind.

Mr. KAPILIMA added that Zambia might ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.  Once studies were completed, tripartite consultations involving employers associations, unions and the Government would be held on ratification of that Convention.

Experts’ Questions and Comments

Ms. HALPERIN-KADDARI, expert from Israel, acknowledged the information provided by the delegation to the effect that children received 50 per cent of property in the event of parental death, but asked exactly what percentage of the property the surviving spouse received.  Was the precedent established in a recent case, involving the division of property, a practice of traditional courts? she asked.  Could rulings handed down by traditional courts be appealed directly to the Supreme Court?  Were they enforced in practice?  Additionally, was marital rape officially a crime in Zambia?

Ms. ŠIMONOVIĆ, expert from Croatia, asked about political will regarding violence against women, in particular the controversial constitutional article.  Seeking details about the planned referendum on that article, she asked what actual form it would take, and how the question would be posed.

Ms. SCHULZ, expert from Switzerland, also asked about the planned referendum, saying it was unclear whether it would address only the provision in question or the constitution itself.

Ms. BAREIRO-BOBADILLA, expert from Paraguay, said article 23(4) — focus of the planned referendum — was “completely discriminatory”, and asked whether there was any possibility of non-governmental organizations or other actors coming forward with alternative wording to be included in the referendum.  On the statistics provided on domestic violence, she asked if there were additional numbers on how many women were killed annually by their husbands.

Ms. PIMENTEL, Committee Chairperson and expert from Brazil, said she wished to know about any special policies protecting older women in areas including, but not limited to, personal or family violence.

Delegation’s Response

Ms. SITHOLE-MWENDA confirmed that 20 per cent of property went to the surviving spouse in cases of death.  Another member of the delegation added that no study had yet been conducted on whether traditional courts followed the property-division precedent.  However, it was clear that local courts that implemented traditional laws were aware of it and were starting to implement it by dividing property more equally.  Other evidence showed that those courts had begun to provide “maintenance” to women married under customary law, which had previously been unheard of.  Cases decided under traditional courts could indeed appeal to subordinate courts, and eventually to the Supreme Court, she said.

She said, in response to another question, that marital rape had not been officially criminalized, but the new gender-based violence act protected women from all kinds of sexual abuse, which could include rape.  Another member of the delegation added that since 2005, all local magistrates had been trained on gender-based violence.  She agreed that the reason why marital rape was not yet a crime was because most of the general public — both men and women — did not yet appreciate the need to do so.  Such a law could not be forced upon the people until that need was widely recognized, she pointed out.

On the matter of barring gender discrimination from all types of personal and customary law, she said there was political will to change the provision on the Government’s part, as demonstrated by the planned referendum, but the people would decide the matter.  It was too early in the process to discuss the specific phrasing of that referendum, she added.

Responding to a question on whether the referendum would review the country’s bill of rights or the Constitution itself, she said that the Constitution could be altered in two ways: the bill of rights had to be subjected to a referendum if it was to be amended; alternately, the actual mode of amending the Constitution could be put to a vote.  Therefore, as an amendment to the Constitution had been suggested by the proposed repeal of article 23(4), a referendum would need to be held.

The recent National Constitutional Conference had hosted over 500 delegates, including a number of non-governmental organizations, she continued.  All attendees had been given the opportunity to examine the proposed draft, and non-governmental organizations could create an alternative wording if they so chose, but the key to resolving the issue was the decision of the people.

She said the Government, through the Ministry of Community Development, had several initiatives in place specifically for the protection of older women, in particular older people who were financially incapacitated, such as widows.  Social welfare officers looked after older women, but there were no available disaggregated statistics on violence against women with disabilities.

Experts’ Questions and Comments

Ms. SCHULZ, expert from Switzerland, sought further clarification about the procedure for the planned referendum.  How exactly would people vote, and would they choose “yes” or “no” on the whole draft, or vote article-by-article?  Since much of Zambia’s population was illiterate, were people aware of the rights they stood to gain under the Convention, which was not respected under article 23(4) of the Constitution?

Delegation’s Response

Ms. OTENG responded by stating that the Government had shown political will by creating the National Constitutional Conference.  Various committees had been established as part of that Conference, including a human rights committee with experts providing advice and interpretations of international treaties.  The conference had deliberated on the outcome of the committee’s work, which was final and binding.  In line with the people’s wishes, one part of the Zambian Constitution had been taken to Parliament, where the people’s representatives had not accepted it.  The other part would be taken to referendum.  Furthermore, the question of whether the referendum on article 23(4) would entail a single vote or multiple votes was one to be determined by the committee’s experts.

In response to another question, a member of the delegation said illiterate voters would be reached through mandated voter-education programmes carried out in close cooperation with non-governmental organizations, but funded by the Government.  The State Electoral Commission would be able to reach the masses through visual dramas, easy-to-read flyers and other mass communication tools once the referendum process began.

Experts’ Questions and Comments

Ms. AMELINE, Commission Vice-Chairperson and expert from France, said the participation of women in political life was one of the best illustrations of the need for policies ensuring that they could make decisions.  The report mentioned a quota system with respect to political participation, but persistent sexist prejudice and poverty posed major challenges, she said, adding that political campaigning was a heavy financial burden for many women.  What initiatives were in place to help women win elections, and how could results–oriented objectives in that area be assured?

SOLEDAD MURILLO DE LA VEGA, expert member from Spain, wondered how women were affected when their husbands changed nationality.  What were the requirements for nationality, and were they in line with the Convention?  Was there an information campaign to disseminate that information?

She pointed out that, when applying for Zambian passports, women were obliged to answer a formal question about previous marriages, which was not required of men.  Was that question still asked?  Regarding dual nationality, did children still have to choose between two nationalities in cases of divorce?  How did the Government address the fact that many Zambians working outside the country might have to choose between multiple nationalities?  Did those choosing other nationalities stand to lose their Zambian citizenship?

Delegation’s Response

Ms. KALAMWINA said the Government was working with the United Nations Development Programme (UNDP) to raise awareness of the importance of women voting and standing for elections.  A number of programmes had been implemented in 2010, for which the national machinery had travelled around the country to educate female candidates.  The Government had also encouraged political parties to field female candidates, she said, adding that a proposal had been made to ensure a proportional representation of women.

Ms. SITHOLE-MWENDA said article 6 of the Constitution outlined the requirements for becoming a Zambian citizen.

Ms. KAWIMBE, on a similar note, described passport requirements, saying the application to the Registrar of Births and Deaths did not require the father’s consent, but that of one parent.  Every child born in Zambia was a Zambian citizen upon receipt of a birth certificate.  Until the age of 18, such children could decide whether to follow their father’s parentage or remain Zambian citizens.

Experts’ Comments and Questions

BARBARA EVELYN BAILEY, expert member from Jamaica, asked whether education indicators were collected annually and if not, what could be done to remedy that.  Welcoming the reduction in the education gender gap, she requested information on enrolment rates, which were critical to understanding whether the system was providing for all girls.  She added that the education act appeared to be a revision of a previous act, and asked whether sexual relations with under-aged girls were prohibited in any way.  How was sexual harassment addressed in schools?

NIKLAS BRUUN, expert member from Finland, noted that women received lower pay and faced higher unemployment than men, and asked whether job opportunities were being created.  He also wondered whether legal measures against sexual harassment in the workplace had been introduced and if the prohibition of discrimination had been invoked.  There were alarming reports, notably by the International Labour Organization (ILO), about the worst forms of child labour, he said, asking what was being done to combat that practice.  Zambia’s commitment to working with ILO did not appear to be very strong, he said, adding that if improved, it could strengthen decent work conditions.

PRAMILA PATTEN, expert member from Mauritius, asked whether the Government was making the link between poverty and informal sector work, stressing that the expansion of that sector threatened women’s rights and social security.  To what extent was their protection on the Government’s agenda?  Were data on the informal sector being collected or work being carried out with the Statistics Division of the United Nations?  Were statistics on home-based work available?  She also wondered how street vendors were protected.  Did the agricultural sector provide an enabling environment to facilitate women’s access to raw materials?  What had been done to narrow the pay gap?  Commending Zambia for increasing maternity leave from 90 to 120 days, she asked whether that was being implemented.

Ms. AWORI, Committee Rapporteur and expert from Kenya, said the health situation of Zambian women was “deplorable”.  The maternal mortality rate had increased and women in rural areas relied on birth attendants, suffering the worst cases of maternal deaths.  Had that situation changed at all?

MARIA HELENA LOPES DE JESUS PIRES, expert member from Timor-Leste, said that information provided by alternative sources pointed to an absence of policies and programmes for women with disabilities, especially those aimed at ensuring safe pregnancy.  They also pointed to a lack of access to family planning.  In relation to HIV/AIDS, those sources said that women with disabilities were not perceived as being at risk or posing a risk due to the belief that men could be cleansed by having sex with disabled women.  Were there in fact any programmes or policies to address those issues?  She also asked about efforts to reduce maternal mortality rates and whether the Health Ministry collected sex-disaggregated data.

Ms. PIMENTEL, Committee Chairperson and expert from Brazil, noted that malaria accounted for 20 per cent of maternal mortality and morbidity in Zambia, and asked about the impact of the “Roll Back Malaria” initiative.

VICTORIA POPESCU, Committee Vice-Chairperson and expert member from Romania, said that while measures had been taken to improve women’s health, there were several challenges to ensuring women’s access to health-care services.  The high rate of unsafe abortions was among the top five causes of maternal mortality, which was related to sexual violence.  According to sources, 1 in 5 women had reported being a victim of such abuse, she said, asking what measures had been taken to ensure free access to safe and assisted abortions, to prevent discrimination and stigma against women and girls infected by HIV/AIDS, and further, whether sufficient Government funding had been provided for women’s health-care services.  Were there programmes aimed at preventing breast and cervical cancer?

MAGALYS AROCHA DOMINGUEZ, expert member from Cuba, said the progress made on women’s rights in Zambia had not substantively changed the vulnerable nature of women and children.  Concerned about certain comments in a 2010 report by the High Commissioner for Human Rights, including on evidence of malnutrition and severely low body weight in children, she asked whether any special programmes were dedicated to rectifying that situation with regard to girls and women.

Turning to maternal mortality, which had been reduced considerably, she noted that in 2002, 75 per cent of such cases had occurred in adolescent mothers.  However, it seemed that there were no new statistics on that indicator.  Those high mortality rates might be related to unsafe abortions, she added.  The Constitution stated that no person could deprive an “unborn child” of life by interrupting a pregnancy unless it was done in accordance with conditions established by Parliament.  Had the legislature enacted additional laws in light of that clause, providing for legal abortions in particular cases?

Ms. BAILEY, expert from Jamaica, asked about limited access to social security benefits for women, whose percentage of formal employment was comparatively low.  The report mentioned a pilot public welfare assistance scheme, she noted, asking whether it was still in existence.  Had it been expanded to other areas of the country?  The Government had also established an inter-ministerial working group on social security programmes, she recalled, requesting an update.

On access to financial credit, a challenge for many women, she said the report listed a number of programmes and schemes said to have significantly enhanced credit opportunities for women.  Could the delegation give more information on the impact of those programmes, including through data disaggregated by age, urban/rural location and socio-economic level?  Finally, she requested information on sports and recreation activities for women, of which the report made no mention.

Ms. MURILLO DE LA VEGA, expert from Spain, said that despite economic growth and a commitment to fighting poverty, extreme poverty persisted and many rural women could not access services.  Was information available on how climate change had affected women’s subsistence in rural areas?  Were non-governmental organizations taking part in public policies designed to improve their lives?

She said that despite Zambia’s ratification of the Convention on the Rights of the Child, nearly half the country’s children were missing at least one parent due in large part to AIDS.  Attitudes towards testing for the disease, and towards sexual activity, still unfairly favoured men over women, she noted.

Ms. ZOU, expert from China, said the report listed measures aimed at rural women, but their impact was not clear.  She requested more information in that regard while asking also whether the Government had specific measures in place to deal with abortions in rural areas, were women had less access to reproductive health services.  She also wondered what the report meant by “titled land”, asking how women’s land rights were enforced and seeking more information on the rights of elderly women.

Delegation’s Response

Regarding the collection of educational data, a member of the delegation said it was conducted annually.  The education act did not address the question of early marriages, and had therefore been repealed in order to add that provision.  Regarding sexual harassment in schools, the Government was working with a campaign for female education and developing guidelines for the prevention of child abuse in schools.  It was also working to sensitize girls regarding their rights with in respect of sexual abuse, gender-based violence in schools and related issues.

On gender parity, she said that since 2006, steady progress had been made towards gender parity at both the primary and secondary school levels.  The Ministry of Education had constructed school facilities between 2005 and 2009 in an effort to create learning spaces for thousands of pupils.  It had also established several technical high schools for girls, and continued to employ its “famous re-entry” policy.

Responding to a question on corporal punishment in schools, she said the education act of 2011 contained a provision prohibiting it, and perpetrators would be liable to a fine as well as up to one year in prison.

In the area of employment, another delegation member said there were no formal policy encouraging a wage gap between men and women.  Two cases of sexual discrimination in the workplace had been reported in 2010, and both had been adequately handled.  Dismissals had resulted, and the victims had received compensation.

She said Zambia had been working with ILO to establish several programmes, including the drafting of a “hazardous forms of child labour” list.  Since a 2008 survey of the informal economy had found that women accounted for more than half of its workers, the Government was working with various agencies to address the issue and support workers’ rights.  Similarly, it was addressing the situation of the home-based workforce through a 2011 statutory instrument on domestic workers dealing with key concerns in the domestic sector.

With regard to maternity leave, she said the employment act had been reviewed and a consultative process launched, but the section concerning maternity leave had been left unchanged.  Another member of the delegation said that those involved in the consultative process felt there was no need to review the period of leave allowed under the act, but the Government had nevertheless added six paternity days to the 90 days allocated to women.

Turning to the questions raised in the area of health, a delegation member said the Government was training adequately skilled health staff and putting new infrastructure in place, with the goal of ensuring that all Zambians lived within 5 kilometres of a health-care facility.  “Mother homes” had been set up, providing women with a place to stay as they awaited delivery.  Solar power sources had been implemented in almost all rural health centres.  Interventions in place to protect new mothers from malaria were working well, he said, adding that detection and treatment of HIV/AIDS was helping to reduce the epidemic’s incidence among women.  Maternal morality was being reduced, and hopefully it would drop even further in the coming years.

He went on to describe Zambia’s participation in an African Union campaign designed to mobilize support from various stakeholders in order to fund local community health programmes.  The Ministry of Health also had a robust health information management system that collected and consolidated data nationally, in addition to producing national health statistics annually.

Responding to other questions, he said Zambia did have legislation on abortions, which did not prohibit women from seeking safe abortions at health centres.  However, a significant lack of awareness among both women and clinicians was a major obstacle, and an awareness campaign had been launched.

Overall, the country took a “bottom-up” approach to health planning, based first in the community, he said.  The health system was decentralized, but funds came largely from the central budget.  Children below the age of 5 and adults above the age of 65 all received free health care, he said, adding that free screenings for breast and cervical cancer were also available.  While there were no disaggregated data on the current number of adolescent maternal deaths, they could probably be obtained.

Ms. SITHOLE-MWENDA added that mobile health centres were also working throughout the country.

Another delegation member said the national machinery worked closely with the Planned Parenthood Association of Zambia to raise awareness among women of the benefits of delivering their babies in health-care facilities.  With support from partners, especially UNICEF and UNFPA, targeted programmes were training midwives in provinces where maternal mortality rates were high, and were expanding to even more areas.

Regarding social security, a member of the delegation said the Government had made provisions for those who might not be covered, including cash transfers and other schemes.  Women with disabilities were protected under various programmes, including training programmes that provided vocational skills and helped recipients find employment.  Additionally, the public welfare assistance scheme had grown, covering nearly half of the country; it was useful to elderly women in particular.  There was a programme to remove orphans from the streets, as well as a deliberate approach to promoting the participation of women in art and cultural programmes closely linked to sports and recreation.

With regard to the impact of climate change on rural women, he said the Government was encouraging the use of solar energy, and hoped to cover the entire country.  Numerous other programmes were working to protect and empower women in rural areas and the agriculture sector.  On land rights, the Government was making progress towards achieving the targeted 30 per cent allocation of land to women, he said, adding that, in practice, a compulsory 30 per cent of new land grants were reserved for that purpose.  In order to prevent abuse of that system, the panel interviewing potential recipients consisted of women, civil society members, elderly people and representatives of a diverse range of other groups, he added.

Experts’ Comments and Questions

Ms. PIRES, expert from Timor-Leste, reiterated her questions, and Ms. ZOU, expert from China, asked about land matters.

Delegation’s Response

One delegation member said women with disabilities were classified as vulnerable people for whom free health services were provided.  At every hospital, a social welfare officer assessed the vulnerability of people seeking health services and made recommendations.

Another delegation member said a small amount of money was paid for land.

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For information media • not an official record