WHY ZIMBABWE NEEDS A DOMESTIC VIOLENCE LAW?

The stated purpose of the bill is to provide for protection and relief to victims of domestic violence and to provide for matters connected with or incidental to the foregoing. In other words the bill seeks to protect victims of domestic violence.

As Zimbabwe Womens Lawyers Association (ZWLA) we believe that the bill’s vision can be bat summed up as follows “Justice for victims of domestic violence in the short term and violence free homes in the long term, through peaceful conflict resolution”.

In our opinion the bill will reinforce the traditional values of the harmonious existence of the family unit, the respect of each individual’s bodily integrity and the need for every individual to enjoy a healthy psychological well-being. In this way the provisions of the bill will enable Zimbabwe to fulfill its international obligations as espoused in the various international human rights instruments such as the convention on the Elimination of all forms of Discrimination against Women (CEDAW).

In Zimbabwe the need for the bill needs not be re emphasized. The levels of domestic violence in Zimbabwe are unacceptable. Statistics from research show that one in every four women suffers abuse in her lifetime. Research has also established that almost 60% of murder cases going through the High court are related to domestic violence. The detrimental effects of domestic violence are but all too familiar and are the reason why there is this urgent need for a law on domestic violence.

The current criminal justice system can not deal effectively with domestic violence. To date we have no clear definition of domestic violence and the police and judicial officers have exercised wide discretion in determining what behavior constitutes abuse. It is not clear whether emotional or psychological abuse that is not coupled with physical harm would qualify as an act of domestic violence. In the past it was not uncommon for victims of domestic violence to be turned away from police stations after the police had declared their matters as Domestic and as such should be confined to the private arena.

The Bill, which has been a team effort of government representatives, NGOs and women politicians, is now based on the understanding that domestic violence is linked to financial, psychological and other social issues, as well as to divorce, custody and maintenance. The bill recognizes for the first time the various forms of abuse and provides legal remedies to victims of abuse in a quicker and relatively more affordable and less cumbersome way as the court will be empowered when dealing with domestic violence to grant protection orders prohibiting further violence and simultaneously to deal with issues of maintenance and custody arising from the same.

A protection order may be applied for by the victim, a representative by the victim’s consent or without consent (however, court consent is required). This helps break the cycle of violence as victims may be trapped in this cycle In addition the bill imposes a duty on the police to protect victims once a matter has been reported. The bill recognizes the multi-disciplinary nature of domestic violence and incorporates counseling as a recommended directive of a protection order. The reading of the Bill defining acts of domestic violence, make one realize instances when they have been a perpetrator or a victim.

This law is making the so-called private, public. The men and women who feel threatened by the bill should examine their domestic relationships and know that “Domestic Violence Stops With Each One of them!”  ZWLA supports the enactment of the domestic Violence Bill as its contribution to the realization of a violence free society in Zimbabwe.

By Zimbabwe Womens Lawyers Association, member of Women's Coalition