The struggle to get domestic violence legislation passed to help protect women and children is daunting. Only a handful of countries in the Southern African Development Community (SADC) have specific Domestic Violence Acts in place. These include Malawi, Mauritius, South Africa, Namibia and Seychelles.
The recently assented Prevention of Domestic Violence Act in Malawi has important aspects like orders for protection, occupancy and tenancy. It also gives powers to the police to enter homes and apprehend the culprits if there is domestic violence. It provides for payment of fines as high as K1 million ($7,500) and custodial sentences for culprits, depending on the gravity of the abuse.
Marital rape, psychological torture and economic abuse are also incorporated. This is commendable since it will also help protect the more vulnerable parties from HIV. It also provides for counseling for both perpetrators and victims in Malawi.
Like all gender-based violence, domestic abuse has physical, social and economic dimensions. Social pressures and lack of economic empowerment make it difficult for women to leave abusive relationships. Even within families, abuse is a secret.
When people are beating or killing each other in a home, nobody is supposed to interfere, no matter the consequences. If somebody tries to intervene, then it’s seen as trespassing!
Is this a joke or part of moral decay? One wonders where morality in Southern Africa is going, a region that at one time boasted of richness in and respect for tradition.
Many strange things are happening in our homes but we keep on behaving as if everything is normal. How did such a thing as violence in our homes become normal, something dismissed as ‘one of those things’?
With this attitude, are we not encouraging this kind of behaviour? As parents, we need to ask ourselves about the future of our children. What will their homes/families be like? Are we going to marry them off to abusive husbands/wives and pretend all will be well?
Domestic violence cases have been on the increase in the region with victims rendered helpless due to lack of proper legal mechanisms to address the problems. Should we just sit and watch as if nothing serious is happening, pretending all is well?
We should be extremely worried today as mothers and fathers for the future. We need to be proactive to promote family values and that marriage should not lose its value. Yes, that it should be enjoyable and harmonious.
It is in this context that we need to salute the steps taken by civil society, working in collaboration with governments, to address this issue by enacting prevention of domestic violence bills.
It is pleasing to note that the laws enacted to stop domestic violence in some countries give direction for legal redress if there is violence in homes. They protect everybody in the home regardless of sex or age. They are there as a deterrent and not a punishment.
What about other countries in the region who have not yet enacted this law? Do you condone these acts? Time has come for the region to take stock of itself and do something.
The next challenge for countries with legislation in place is implementation. Let’s learn from history and work on notable problems. So many cases have gone unreported due to ignorance, tradition and poverty, among other issues in our society.
We appeal to governments who haven’t yet enacted prevention of domestic violence laws to do so quickly and those that have to put their money where their mouth is. We are tired of hearing stories of defilement of three months old babies or parents marrying their own children! Your action today, peaceful homes tomorrow!!
Wednesday, September 26, 2007
MORE GENDER SENSITIVE POLICIES REQUIRED IN THE MALAWI EDUCATION SECTOR-LAW COMMISSION
By EUNICE CHIPANGULA
The government of Malawi has been asked to put in place measures towards the elimination of gender disparities and discrimination against women in education.
The Gender Related Law Reform Commission on the Development of Gender Equality Statute said there are a number of challenges affecting women and girls in the education sector which have contributed to their high illiteracy levels.
“Illiteracy rates of women are quite high in Malawi. Within the age group of 20-24 years, the illiteracy rate of girls is 19 per cent against 9 per cent of boys while for the age group of 65 years and above, 70 per cent of women against 38 percent of men,” the Commission disclosed.
It attributed this to problems of retaining children especially the girl child in schools, limited access of girls to school places due to inadequate boarding facilities and learning and financial resources and culture of discriminating against the girl child, among others.
“Government needs to increase enrolment and improve retention of girls in primary, secondary, technical and tertiary education, increase access to opportunity and the award of grants, scholarships and bursaries, conduct gender sensitization at all levels and address matters relating to curriculum development and gender,” the Commission emphasized.
It said currently, there are stereotypes that perpetuate discrimination in text books and syllabus, no specific topic that equip the girl child, women and boys with relevant life skills and sex education and lack of environmental management subjects at all level of curricula.
The Commission said these have to be addressed if Malawi is to have well educated women and girls who will be able to make informed decisions make meaningful contributions towards development.
The government of Malawi has been asked to put in place measures towards the elimination of gender disparities and discrimination against women in education.
The Gender Related Law Reform Commission on the Development of Gender Equality Statute said there are a number of challenges affecting women and girls in the education sector which have contributed to their high illiteracy levels.
“Illiteracy rates of women are quite high in Malawi. Within the age group of 20-24 years, the illiteracy rate of girls is 19 per cent against 9 per cent of boys while for the age group of 65 years and above, 70 per cent of women against 38 percent of men,” the Commission disclosed.
It attributed this to problems of retaining children especially the girl child in schools, limited access of girls to school places due to inadequate boarding facilities and learning and financial resources and culture of discriminating against the girl child, among others.
“Government needs to increase enrolment and improve retention of girls in primary, secondary, technical and tertiary education, increase access to opportunity and the award of grants, scholarships and bursaries, conduct gender sensitization at all levels and address matters relating to curriculum development and gender,” the Commission emphasized.
It said currently, there are stereotypes that perpetuate discrimination in text books and syllabus, no specific topic that equip the girl child, women and boys with relevant life skills and sex education and lack of environmental management subjects at all level of curricula.
The Commission said these have to be addressed if Malawi is to have well educated women and girls who will be able to make informed decisions make meaningful contributions towards development.
SCOPE OF LEGALISING ABORTION IN MALAWI
By Eunice Chipangula
Malawi is intending to reform its law on the termination of pregnancy by broadening the medical indications which will allow legal termination of pregnancy. This is in line with international instruments which Malawi subscribes to and the national Reproductive Health policy presently being implemented through the Reproductive Health Programme.
The international instruments among other things emphasize sexual and reproductive health rights of women and the right of women to control fertility as fundamental to their empowerment while the Reproductive Health Programme among other things seeks to improve safe maternal health care, to achieve quality family planning, to promote adolescent reproductive health services and the prevention and management of unsafe abortions.
“The proposal for law reform does not advocate the legalization of abortion but only calls for the enlargement of the medical indications to recognize circumstances in which continuing a pregnancy may affect a woman’s health. This shall include mental or physical health as well as in circumstances where a woman has been raped or is a victim of incest, among other issues,” the Commission clarified.
It said that the law shall be consistent with the recommendations made by the Programme of Action adopted at one of the gender conferences in 1994 that stated that ‘in no case should abortion be promoted as a method of family planning.’
The Commission disclosed that currently, there is evidence that women including adolescents in Malawi undergo backstreet abortions which account for 60 per cent of all gynaecological admissions in the country.
It observed that unsafe abortion impacts on women’s reproductive health rights and the recommendation would be one way of domesticating relevant instruments that promote women’s sexual and reproductive health rights.
“This will conform to the recommendation of Convention on the Elimination of Discrimination Against Women (CEDAW) that there should not be contradiction between existing laws and the constitution and will help Malawi achieve sustainable development by having a healthy nation,” the Commission observed.
Malawi’s 1995 Republican Constitution provides for adequate health care for all which means that for women, they should be provided with health care that responds to their health needs while the penal code permits abortion only to the extent that it is necessary for the preservation of a pregnant woman’s life. Abortion that is administered or procured on any other ground is a felony. But Malawi’s Reproductive Health Policy of 1992 is limited to the provision for the management and prevention of unsafe abortion. In a related development, the Commission has recommended the introduction of parternity leave in the Employment Act which shall apply only when the spouse is on maternity leave. “The proposal shall govern such leave for men in formal employment”, the Commission said.
Malawi is intending to reform its law on the termination of pregnancy by broadening the medical indications which will allow legal termination of pregnancy. This is in line with international instruments which Malawi subscribes to and the national Reproductive Health policy presently being implemented through the Reproductive Health Programme.
The international instruments among other things emphasize sexual and reproductive health rights of women and the right of women to control fertility as fundamental to their empowerment while the Reproductive Health Programme among other things seeks to improve safe maternal health care, to achieve quality family planning, to promote adolescent reproductive health services and the prevention and management of unsafe abortions.
“The proposal for law reform does not advocate the legalization of abortion but only calls for the enlargement of the medical indications to recognize circumstances in which continuing a pregnancy may affect a woman’s health. This shall include mental or physical health as well as in circumstances where a woman has been raped or is a victim of incest, among other issues,” the Commission clarified.
It said that the law shall be consistent with the recommendations made by the Programme of Action adopted at one of the gender conferences in 1994 that stated that ‘in no case should abortion be promoted as a method of family planning.’
The Commission disclosed that currently, there is evidence that women including adolescents in Malawi undergo backstreet abortions which account for 60 per cent of all gynaecological admissions in the country.
It observed that unsafe abortion impacts on women’s reproductive health rights and the recommendation would be one way of domesticating relevant instruments that promote women’s sexual and reproductive health rights.
“This will conform to the recommendation of Convention on the Elimination of Discrimination Against Women (CEDAW) that there should not be contradiction between existing laws and the constitution and will help Malawi achieve sustainable development by having a healthy nation,” the Commission observed.
Malawi’s 1995 Republican Constitution provides for adequate health care for all which means that for women, they should be provided with health care that responds to their health needs while the penal code permits abortion only to the extent that it is necessary for the preservation of a pregnant woman’s life. Abortion that is administered or procured on any other ground is a felony. But Malawi’s Reproductive Health Policy of 1992 is limited to the provision for the management and prevention of unsafe abortion. In a related development, the Commission has recommended the introduction of parternity leave in the Employment Act which shall apply only when the spouse is on maternity leave. “The proposal shall govern such leave for men in formal employment”, the Commission said.
MALAWI TO ADOPT THE LEGISLATIVE QUOTA BASED SYSTEM TO ACHIEVE GENDER EQUALITY IN POLITICS AND PUBLIC LIFE
By EUNICE CHIPANGULA
The Malawi Gender Related Law Reform Commission on the Development of a Gender Equality Statute has recommended that Malawi employs the legislative quota based system as an affirmative action strategy in order to level the playing field for both men and women’s participation in politics and public life.
“While noting some of the negative perceptions of the system resolved that Malawi’s current gender imbalance scenario merits the adoption of this strategy since one can speak of quality representation only after the playing field has been leveled,” the Commission observed.
The Commission also recommended an inbuilt sunset clause to enforce review after a specific period besides ensuring meritocratic considerations such as qualifications, relevance and experience, to allay fears of a reversal in discrimination against men.
It therefore said after conducting research, it has established that the legislative quota based system can only apply to the electoral process, political parties, public service appointments and not traditional leadership, religious communities and the private sector spheres.
In its presentation of preliminary findings on the review of gender related laws to the public, the Commission observed that the participation of women in politics and public life in Malawi still remains very low despite the country being a signatory to various international instruments and having in place national policies that are aimed at promoting gender equality.
“The Commission however acknowledges the political will which is there in the drive to promote the visibility of women in public life as evidenced by the recent appointments of qualified and capable females to the positions of Attorney General, Deputy Governor of the Reserve Bank of Malawi, Clerk of Parliament and Deputy Speaker of Parliament among others,’’ it said .
Women in Malawi constitute 52 per cent of the total 12 million Malawi population. However, recent statistics indicate that there are 6 women cabinet ministers out of a total of 37, 9 female chairpersons of parastatal organizations out of 47 and only 4 of 27 judges of the High Court and Supreme Court are women.
In the public sector, from the super scale grade (P8 to above), there are 338 women against 1416 men in the Civil Service, 23 females against 104 males in the police service, 24 females against 54 males in the Judiciary, 25 males against 8 females in the Law Commission while in the Office of the Director of Public Procurement there are 2 females against 12 males. Men therefore continue to dominate the public domain in Malawi.
The Commission said these statistics clearly indicate that a lot needs to be done in Malawi to ensure that the playing field is leveled so that there is full participation of all segments of society, women in particular, in affairs that directly affect their livelihoods. “The legislative quota system was therefore considered as ideal but as expressed in percentage terms that neither gender should occupy more than 60 per cent and no less than 40 per cent in all public appointments”, it stated.
The Commission said the implication is that relevant legislation should provide for at least 40 percent of women candidates in parliamentary and local government electoral contents. It therefore pointed out the need to amend the Presidential and Parliamentary Act to reorient the existing First Past the Post electoral system which is ill-suited to the implementation of the legislative quota system.
On political parties, the Commission recommended the introduction of a binding regulation to commit them to ensuring that they put at least 40 percent of female candidates in an election. It observed that this however requires an amendment of the Political Parties Registration Act 1993 with a properly worked out regime of sanctions for non-compliance.
On public service appointments, the Commission recommended that its quotas be embedded within the Gender Equality Act so that they provide indicative guidelines to the appointing authorities in filling public positions in recognition of the merits of women and the obstacles that prevent them from competing on an equal footing with men.
In relation to Religious Communities, the Commission said research indicates that the Gender Equality Act will not apply to the regulation of internal affairs of religious communities since they are best regulated by their respective doctrines and creeds. It said women who feel aggrieved in this sphere could simply leave that particular religious grouping.
On traditional leadership, the Commission resolved to impress on the government to explore ways and means in which traditional leadership institutions can be engendered and the possibility of legislating traditional leadership structures in a gender sensitive manner.
For the Private Sector, the Commission observed that with the shrinking of the sector following rightsizing reforms to promote efficiency and effectiveness, the sector should not be subjected to the quota system but instead the government should explore policy measures of encouraging it to engender its activities.
These findings coupled with input from the general public, will lead to the development of a gender equality statute in Malawi.
The Malawi Gender Related Law Reform Commission on the Development of a Gender Equality Statute has recommended that Malawi employs the legislative quota based system as an affirmative action strategy in order to level the playing field for both men and women’s participation in politics and public life.
“While noting some of the negative perceptions of the system resolved that Malawi’s current gender imbalance scenario merits the adoption of this strategy since one can speak of quality representation only after the playing field has been leveled,” the Commission observed.
The Commission also recommended an inbuilt sunset clause to enforce review after a specific period besides ensuring meritocratic considerations such as qualifications, relevance and experience, to allay fears of a reversal in discrimination against men.
It therefore said after conducting research, it has established that the legislative quota based system can only apply to the electoral process, political parties, public service appointments and not traditional leadership, religious communities and the private sector spheres.
In its presentation of preliminary findings on the review of gender related laws to the public, the Commission observed that the participation of women in politics and public life in Malawi still remains very low despite the country being a signatory to various international instruments and having in place national policies that are aimed at promoting gender equality.
“The Commission however acknowledges the political will which is there in the drive to promote the visibility of women in public life as evidenced by the recent appointments of qualified and capable females to the positions of Attorney General, Deputy Governor of the Reserve Bank of Malawi, Clerk of Parliament and Deputy Speaker of Parliament among others,’’ it said .
Women in Malawi constitute 52 per cent of the total 12 million Malawi population. However, recent statistics indicate that there are 6 women cabinet ministers out of a total of 37, 9 female chairpersons of parastatal organizations out of 47 and only 4 of 27 judges of the High Court and Supreme Court are women.
In the public sector, from the super scale grade (P8 to above), there are 338 women against 1416 men in the Civil Service, 23 females against 104 males in the police service, 24 females against 54 males in the Judiciary, 25 males against 8 females in the Law Commission while in the Office of the Director of Public Procurement there are 2 females against 12 males. Men therefore continue to dominate the public domain in Malawi.
The Commission said these statistics clearly indicate that a lot needs to be done in Malawi to ensure that the playing field is leveled so that there is full participation of all segments of society, women in particular, in affairs that directly affect their livelihoods. “The legislative quota system was therefore considered as ideal but as expressed in percentage terms that neither gender should occupy more than 60 per cent and no less than 40 per cent in all public appointments”, it stated.
The Commission said the implication is that relevant legislation should provide for at least 40 percent of women candidates in parliamentary and local government electoral contents. It therefore pointed out the need to amend the Presidential and Parliamentary Act to reorient the existing First Past the Post electoral system which is ill-suited to the implementation of the legislative quota system.
On political parties, the Commission recommended the introduction of a binding regulation to commit them to ensuring that they put at least 40 percent of female candidates in an election. It observed that this however requires an amendment of the Political Parties Registration Act 1993 with a properly worked out regime of sanctions for non-compliance.
On public service appointments, the Commission recommended that its quotas be embedded within the Gender Equality Act so that they provide indicative guidelines to the appointing authorities in filling public positions in recognition of the merits of women and the obstacles that prevent them from competing on an equal footing with men.
In relation to Religious Communities, the Commission said research indicates that the Gender Equality Act will not apply to the regulation of internal affairs of religious communities since they are best regulated by their respective doctrines and creeds. It said women who feel aggrieved in this sphere could simply leave that particular religious grouping.
On traditional leadership, the Commission resolved to impress on the government to explore ways and means in which traditional leadership institutions can be engendered and the possibility of legislating traditional leadership structures in a gender sensitive manner.
For the Private Sector, the Commission observed that with the shrinking of the sector following rightsizing reforms to promote efficiency and effectiveness, the sector should not be subjected to the quota system but instead the government should explore policy measures of encouraging it to engender its activities.
These findings coupled with input from the general public, will lead to the development of a gender equality statute in Malawi.
MALAWI TO ADDRESS SEXUAL HARRASSMENT THROUGH LAW ENACTMENT
By EUNICE CHIPANGULA
A recommendation has been made in Malawi to introduce legal provisions in the Gender Equality Act which is in the pipeline to define sexual harassment as a gender problem and criminally prohibit it. There is a further proposal to allow civil claims on sexual harassment cases; to oblige employers of more than five people to develop mechanisms for dealing with sexual harassment and regulate compliance mechanisms on sexual harassment. The Gender related Law Reform Commission says research has established that the Malawi society still violates the dignity of women on the basis of their sex, marital status or gender in a number of forms. “Despite the Malawi Constitution providing that the dignity of all persons shall be inviolable; there is serious violation of dignity in the country with a lot of acts that negatively affect the worthiness of a woman,” it observed.
The Commission said that the violations are in relation to sexual harassment, domestic violence, deprivation of property, censorship and classification entertainment and women in political dances.
“Dignity being a crosscutting issue, the negative acts affect women’s participation in development, lowers their self esteem to make informed decisions about their lives and in the end their well being is compromised,” the Commission said. It however said issues to address such areas as domestic violence and right to property have already been provided for in another proposed Bill of the Wills and Inheritance (Deceased) and the Prevention of Domestic Violence Act. The Commission said sexual harassment which falls within the realms of sexual discrimination as a manifestation of an imbalance in power relations and likely to occur in the workplace as well as on other fiduciary relation raises gender questions since it is mostly women who are subjected to it due to power imbalances between men and women. It therefore said it is important that a law be enacted to address this. The Commission also said its findings did not spare the media which it said is grossly violating women’s dignity through its products. “Certain programmes and songs aired on radios and television are degrading to women,” the Commission noted
It was therefore recommended that the Communications Act which currently highlights the general obligation of broadcasters not to broadcast any material that is indecent, obscene or offensive to public morals be reviewed for it to be specific in addressing negative portrayals of women. In addition, it recommended that the Malawi Communications Regulatory Authority (MACRA) should enforce the regulations of the Communications Act to ensure that broadcast products affirm women, men and children rather than violating their dignity.
In relation to the print media, the Commission expressed the hope that the recently resurrected Media Council of Malawi will be firm in ensuring that newspapers abide by their professional ethics especially by desisting from publishing cartoons that depict women and ascribe them to activities that portray them as immoral objects for sexual pleasure.
It said despite the Censorship and Control of Entertainment Act being reviewed in 2001, it remains unenacted. “The Commission therefore strongly urges government to look into its enactment and the incorporation into the Gender Equality Act a specific legal provision that will enshrine the protection of all persons dignity in the print media, prohibition of gender stereotyping and criminal punishment of violation of dignity in the print media,” it said. On political dances the Commission observed that although in most African societies, dancing and poetic performances are important for social discourse, in the political arena in Malawi, women often largely participate as dancers and entertainers at public functions of political parties and are usually not involved in the mainstream political discourse. It therefore said they suffer several indignities such as sexual and physical abuse and are often ‘thanked’ by disproportionate wages where this has been considered. The Commission however said it needs to investigate more on this issue since it has not yet established whether women freely attend these dances. But as a measure to address this issue, the Commission recommended that political parties should consider more women in their hierarchical positions in their respective party structures.
A recommendation has been made in Malawi to introduce legal provisions in the Gender Equality Act which is in the pipeline to define sexual harassment as a gender problem and criminally prohibit it. There is a further proposal to allow civil claims on sexual harassment cases; to oblige employers of more than five people to develop mechanisms for dealing with sexual harassment and regulate compliance mechanisms on sexual harassment. The Gender related Law Reform Commission says research has established that the Malawi society still violates the dignity of women on the basis of their sex, marital status or gender in a number of forms. “Despite the Malawi Constitution providing that the dignity of all persons shall be inviolable; there is serious violation of dignity in the country with a lot of acts that negatively affect the worthiness of a woman,” it observed.
The Commission said that the violations are in relation to sexual harassment, domestic violence, deprivation of property, censorship and classification entertainment and women in political dances.
“Dignity being a crosscutting issue, the negative acts affect women’s participation in development, lowers their self esteem to make informed decisions about their lives and in the end their well being is compromised,” the Commission said. It however said issues to address such areas as domestic violence and right to property have already been provided for in another proposed Bill of the Wills and Inheritance (Deceased) and the Prevention of Domestic Violence Act. The Commission said sexual harassment which falls within the realms of sexual discrimination as a manifestation of an imbalance in power relations and likely to occur in the workplace as well as on other fiduciary relation raises gender questions since it is mostly women who are subjected to it due to power imbalances between men and women. It therefore said it is important that a law be enacted to address this. The Commission also said its findings did not spare the media which it said is grossly violating women’s dignity through its products. “Certain programmes and songs aired on radios and television are degrading to women,” the Commission noted
It was therefore recommended that the Communications Act which currently highlights the general obligation of broadcasters not to broadcast any material that is indecent, obscene or offensive to public morals be reviewed for it to be specific in addressing negative portrayals of women. In addition, it recommended that the Malawi Communications Regulatory Authority (MACRA) should enforce the regulations of the Communications Act to ensure that broadcast products affirm women, men and children rather than violating their dignity.
In relation to the print media, the Commission expressed the hope that the recently resurrected Media Council of Malawi will be firm in ensuring that newspapers abide by their professional ethics especially by desisting from publishing cartoons that depict women and ascribe them to activities that portray them as immoral objects for sexual pleasure.
It said despite the Censorship and Control of Entertainment Act being reviewed in 2001, it remains unenacted. “The Commission therefore strongly urges government to look into its enactment and the incorporation into the Gender Equality Act a specific legal provision that will enshrine the protection of all persons dignity in the print media, prohibition of gender stereotyping and criminal punishment of violation of dignity in the print media,” it said. On political dances the Commission observed that although in most African societies, dancing and poetic performances are important for social discourse, in the political arena in Malawi, women often largely participate as dancers and entertainers at public functions of political parties and are usually not involved in the mainstream political discourse. It therefore said they suffer several indignities such as sexual and physical abuse and are often ‘thanked’ by disproportionate wages where this has been considered. The Commission however said it needs to investigate more on this issue since it has not yet established whether women freely attend these dances. But as a measure to address this issue, the Commission recommended that political parties should consider more women in their hierarchical positions in their respective party structures.
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