Long Essays – SEARCWL https://searcwl.ac.zw Thu, 28 Sep 2023 12:27:23 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.1 Law reform: Whose responsibility? Analysis of efforts made towards reforming marriage laws in Zimbabwe in light of human rights instruments, as experienced by the Zimbabwe Women Lawyers Association ( ZWLA) https://searcwl.ac.zw/?dlp_document=law-reform-whose-responsibility-analysis-of-efforts-made-towards-reforming-marriage-laws-in-zimbabwe-in-light-of-human-rights-instruments-as-experienced-by-the-zimbabwe-women-lawyers-association Thu, 28 Sep 2023 09:49:08 +0000 https://searcwl.ac.zw/?post_type=dlp_document&p=5434 This article looks at the law reform process and critically examines the efforts made so far towards marriage law reform (substance and process) in Zimbabwe with special focus on the efforts made by the Zimbabwe Women Lawyers Association (ZWLA), a non-governmental organization whose aim is to improve the status of women in Zimbabwe. Insight into the problems necessitating law reform is gained and obstacles that are responsible for the reluctance to reform the marriage laws unearthed. An effort has been made to understand the critical stages in effecting law reform in the Zimbabwean situation and to identify the actors involved, especially in reforming laws that are deemed to be discriminatory against women. Different researchers and writers from as early as 1980 have recommended that family laws, particularly marriage laws, be reformed in order for the status of women to be improved and for gender equality to be achieved. Interest in this topic has arisen from witnessing daily the problems that women face as a result of the current marriage laws. Furthermore, because the marriage law reform process has not yet been documented by ZWLA, important experiences might be lost if they are not recorded. ZWLA’s experiences form the basis of the paper and it is hoped that the lessons learned from these experiences will assist in future endeavours to reform other problematic laws. The article shows that law reform is a long process which should involve all concerned actors, given that the net effect is to change people’s way of life.

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The dilemmas of an African woman politician at the crossroads: law, reality and patriarchy https://searcwl.ac.zw/?dlp_document=the-dilemmas-of-an-african-woman-politician-at-the-crossroads-law-reality-and-patriarchy Thu, 28 Sep 2023 09:36:49 +0000 https://searcwl.ac.zw/?post_type=dlp_document&p=5400 Underplaying women’s sexuality to control women– the case of polygyny https://searcwl.ac.zw/?dlp_document=underplaying-womens-sexuality-to-control-women-the-case-of-polygyny Thu, 28 Sep 2023 08:26:48 +0000 https://searcwl.ac.zw/?post_type=dlp_document&p=5294 This essay is an analysis of how women’s sexuality is played out in polygynous unions by showing that women are not actors, nor are they decision-makers over their bodies and sexuality. The analysis is based on research I carried out for the Women’s Law Diploma, (Nzira, 1995) and uses the sexual and rights framework as defined by the women’s coalition to the Cairo and Beijing conferences as well as the principles of the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) to show how the Zimbabwe law discriminates against women in polygynous unions, as well as the impact of the institution in the spread of HIV/AIDS. As feminists have shown that women’s bodies are sites for male dominance, the purpose of the essay is to call on gender activists and/or feminists to bring the issue of women’s sexuality to the fore otherwise talking about women’s empowerment will remain an academic exercise as men will continue to control women’s sexuality as a means of keeping women down.

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Women’s access to credit: Is micro-finance an answer? https://searcwl.ac.zw/?dlp_document=womens-access-to-credit-is-micro-finance-an-answer Tue, 26 Sep 2023 14:05:06 +0000 https://searcwl.ac.zw/?post_type=dlp_document&p=5087 Breaking the silence on menstruation in Zimbabwe: Where does the female prisoner stand? https://searcwl.ac.zw/?dlp_document=breaking-the-silence-on-menstruation-in-zimbabwe-where-does-the-female-prisoner-stand Tue, 26 Sep 2023 13:59:43 +0000 https://searcwl.ac.zw/?post_type=dlp_document&p=5084 Maintenance of ‘illegitimate children’ in Tanzania: A right or rhetoric? A review of the Affiliation Ordinance Chapter 278 https://searcwl.ac.zw/?dlp_document=maintenance-of-illegitimate-children-in-tanzania-a-right-or-rhetoric-a-review-of-the-affiliation-ordinance-chapter-278 Tue, 26 Sep 2023 10:08:11 +0000 https://searcwl.ac.zw/?post_type=dlp_document&p=4967 This paper examines the efficacy of the law providing for maintenance of non-marital children in Tanzania. It looks into the Affiliation Ordinance of 1949 and reveals its limitations in providing for maintenance of non-marital children. It demonstrates that the law is archaic and provides for inadequate maintenance to non-marital children. The paper discusses several limitations in the administration of justice by courts that adversely impacts on provision of maintenance to nonmarital children. It shows that the operation of the law does not conform to provisions of the Constitution of Tanzania nor to various international human rights instruments guaranteeing the rights of the child which the country has ratified. The paper points out some factors such as the government’s lack of political will, socio-religious prejudices and ineffectual operation of nongovernmental organizations in advocating for the rights of women and children, which account for the subordinate position of non-marital children and their mothers. The paper recommends that the government repeal the ordinance and enact new legislation providing for the rights which are similar to those contained in the international human rights instruments guaranteeing rights of the child. It is also recommended that the courts be provided with adequate resources to enable them to handle cases effectively and efficiently. The report recommends further that non-governmental organizations should re-think their role vis-a-vis protection of the rights of women and children, including non-marital children.

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The HIV:AIDS problem and customary marriages among the Baganda in Uganda: A discussion of some aspects of customs, lived reality and HIV/AIDS https://searcwl.ac.zw/?dlp_document=the-hivaids-problem-and-customary-marriages-among-the-baganda-in-uganda-a-discussion-of-some-aspects-of-customs-lived-reality-and-hiv-aids Tue, 26 Sep 2023 09:54:23 +0000 https://searcwl.ac.zw/?post_type=dlp_document&p=4959 “A CASE OF CULTURE GONE AWRY”: AN INVESTIGATION OF FEMALE INITIATION CEREMONIES AND NYAU DANCE VIGILS ON THE RIGHTS OF TEENAGE GIRLS TO EDUCATION AND SEXUAL REPRODUCTIVE HEALTH AMONGST MIGRANT COMMUNITIES IN NORTON, ZIMBABWE https://searcwl.ac.zw/?dlp_document=a-case-of-culture-gone-awry-an-investigation-of-female-initiation-ceremonies-and-nyau-dance-vigils-on-the-rights-of-teenage-girls-to-education-and-sexual-reproductive-health-amo Sun, 24 Sep 2023 14:33:01 +0000 https://searcwl.ac.zw/?post_type=dlp_document&p=4855 Abstract

This dissertation focuses on the harm suffered by teenage girls who, often forced
into early marriages by poverty, must first engage in the customary practices of
initiation ceremonies followed by participation in highly ritualized dance vigils.
Evidence from a wide range of sources analysed in the context of various
methodologies, in particular the Women’s Law Approach, testifies loudly to the
serious harm caused, primarily, to their health and education as a result of the
growing abuses of these practices. In order to protect and realize the human rights
of these vulnerable young women in terms of local and international HR
instruments which bind Zimbabwe, the writer does not suggest abolishing the
practices, but rather reforming them internally by educating their adult overseers.

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ZWLA Bulawayo https://searcwl.ac.zw/?dlp_document=zwla-bulawayo Sun, 24 Sep 2023 14:20:39 +0000 https://searcwl.ac.zw/?post_type=dlp_document&p=4852 ZWLA Bulawayo

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Domestic violence in Zambia in bed with a killer Police responses to domestic violence https://searcwl.ac.zw/?dlp_document=domestic-violence-in-zambia-in-bed-with-a-killer-police-responses-to-domestic-violence Sun, 10 Sep 2023 12:53:33 +0000 https://searcwl.ac.zw/?post_type=dlp_document&p=4778 Domestic violence in Zambia in bed with a killer Police responses to domestic violence

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