How effective are laws against GBV?
Published On July 4, 2014 » 5013 Views» By Administrator Times » Features
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• THE Act gives hope to many women and children who have been subjected to GBV without adequate recourse.

• THE Act gives hope to many women and children who have been subjected to GBV without adequate recourse.

By SALLY CHIWAMA  –

AS in most other parts of the world, gender-based violence (GBV) in Zambia is a pervasive and long standing challenge which is a deeply rooted cultural or societal vice.
In the 1980s, GBV has been a serious national challenge with ever increasing reported cases, especially sexual gender-based violence.
However, the extent of the problem at some point provoked countrywide protests.
Parliamentarians from all political parties on November 25, 2012 braved the morning rain to march against GBV in the wake of the alarming increase in cases recorded in the country.
The parliamentarians joined the march to show solidarity and added their voices in condemning GBV as a vice which is degrading and eroding morals of society.
This was during the launch of the 16 days of Activism against GBV held at the Lusaka Show Grounds which saw people from all walks of life take part in a march-past ahead of the event.
Against this background, Government with its partners decided to formulate an Act aimed at eradicating of GBV.
Minister of Gender and Child Development Inonge Wina has acknowledged that GBV was a national and global crisis given the ever escalating reported cases of the scourge.
Ms Wina acknowledged this recently during the launch of the simplified and translated version of the Anti GBV Act in seven local languages.
She was, however, hopeful that with measures such as the simplification of the Act and increased advocacy, the vice would be eradicated.
Ms Wina implored law enforcement officers to take a lead in the fight against the vice.
“We do acknowledge that GBV is a global as well as a national crisis and this is a big concern to us, we are however, hopeful that the simplified document will bring light to law enforcers and communities as it is a guide and advocacy tool to all stakeholders,” Ms Wina said.
The Anti Gender-Based Violence Act of 2011 is a major step forward in the fight against GBV in Zambia and it is one of the most comprehensive laws on GBV in the SADC region.
The Act gives hope to many women and children who have been subjected to GBV without adequate recourse.
It also offers a comprehensive framework for protection and means of survival for victims and survivors of GBV as well as prosecution of perpetrators.
Notwithstanding the foregoing, the cases of GBV in Zambia have been on the rise.
According to statistics from the Victim Support Unit (VSU) of the total reported GBV cases in 2012 there were 12,924 and 14,093 in 2013 of these only 554 were conviction for 2012 and 1247 for 2013 respectively.
In 2012 total reported cases of rape stood at 244 and Child defilement was at 2399 in 2013 however the figures reduced slightly to 227 and 2232 respectively.
In 2012 a total of 559 cases were taken to court but were withdrawn and cases reported but not taken to court were a 5117. In 2013 637 cases of GBV were reported and taken to court but were withdrawn where as 4026 cases not taken to court and withdrawn.
In May this year, marked the third enactment anniversary of the Anti Gender Based Violence Act with very little to show as the Act’s achievement other than its passing.
Even more worrying was the fact that few Zambian are aware of this law and how to use it as a platform of activism against the scourge.
However, there are some challenges that need to be addressed; for instance, the Courts are yet to give guidance on the manner and form of commencing an action under the Act.
The realignment of Government ministries has also created a problem as to which Ministry, between the Ministry of Community Development, Mother and Child Health or the Ministry of Gender and Child Development is legally mandated to oversee the implementation of the Act.
The setting up of the GBV Committee, the Fund and the shelters have in some way contributed to the growing technical challenges the implementation of the Act is facing.
Ministry of Gender and Child Development, Permanent Secretary Daisy Ngambi, however, believes that recent efforts by the ministry and stakeholders would help to address some of the highlighted challenges.
For instance, she said the ministry with its partners are creating awareness through programmes for survivors, especially that the Act had been translated into the local languages.
Ms Ngambi said there is need to ensure that copies of the Act are distributed widely to churches, District Commissioners, provincial offices, Police Schools and to cooperating partners.
“We are aware that there is a very big gap in terms of awareness because we have just developed a communications strategy and we will soon be undertaking a vigorous campaign which will create awareness to all parts of the country” she said.
Ms Ngambi urged the media to help and ensure that the Act is appreciated and yielded the desired results.
Victim Support Unity (VSU) national coordinator Tresphord Kasale said the GBV Act was an excellent document which should be used to full extent by ensuring that everyone has access to it.
Mr Kasale said that the VSU was proud that the culture of silence in terms of not reporting cases of GBV was steadily being broken as seen from the increased number of reported cases to the police.
He also called for massive awareness of the GBV Act among the citizenry and not just leaving it to the law enforcers.
However, some of the people talked in Lusaka expressed ignorance about the existence of the GBV Act.
Patience Mwanza, a youth said; “I have never heard of the Anti GBV Act, how come I have never heard not even one advert about it.”
She was surprised that the document has not received much publicity like political issues and yet it is critical to reducing incidences of GBV.
Allan Munthali, who also had not heard of the Act, however, called for massive awareness of the document in order to achieve the desire results.
Chiposa Chibwe, another Lusaka resident, on the other hand, says he has heard of it, but did not know the contents.
He says GBV was rife in the country and attributes to breaking down of family values as well as failure to recognise rights of people especially women and children.
“I have heard of the Anti GBV Act, that it exits but I don’t know how to access a copy, these documents are created for the people so government must make sure that they reach the people because if it doesn’t people will never know about it” Mr Chibwe said.
It is important that Zambians take a special interest in the Anti Gender Based Violence Act and use in fighting the scourge of gender based violence at all levels of society.
The success of reducing GBV to negligible levels depends on concerted efforts which include the corporate world, school authorities, traditional leaders and individuals.
Government, civil society and donor community should not be left alone in this fight.
(The author is a gender development journalist and media consultant for Women in Law Development Africa)

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