PREVALENCE OF GENDER BASED VIOLENCE IN ZAMBIA: INFORMATION BRIEF – GWYD-002

Written by: Maureen M. Zulu

Article should be referenced as:  Zulu, M. M. (2022). Prevalence of Gender Based Violence in Zambia. March Associates Information Brief – GWYD-002, Lusaka 10101, Zambia. Website: www.marchassociates.org   

Situational Analysis of Violence Against Women in Zambia

Violence against women (VAW) has been on the rise in Zambia in the past years. The root causes of VAW in Zambia can largely be narrowed down to gender inequality for women and associated violent, harmful and controlling aspects of masculinities that are the result of patriarchal[1] power imbalances. This imbalance, it is argued, has led to pervasive cultural stereotypes and attitudes that perpetuate the cycle of violence[2]. The Zambia Demographic Health Survey (ZDHS,2018), indicated that 36% of women aged 15-49 have experienced physical violence at least once since age of 15 and that 52% of these never sought help and never told anyone about it. These statistics imply that one in three women in Zambia have experienced physical or sexual violence. The impact of VAW resonates in all areas of health and social programming. The survivors of violence experience increased rates of morbidity and mortality and studies have shown that the transmission of HIV/AIDS is exacerbated among other health conditions[3].

 

According to the Zambia Police Victim Support Unit, a total of 20,540 cases of GBV were reported countrywide in 2021. This represents a decrease by 22.2% in cases recorded compared to 2020. Out of the 20,540 cases reported, 17,568 were criminal cases while 2,972 were non-criminal cases translating to 85.5% and 14.5% respectively. A total of 107 murder cases were recorded during the period under review. In terms of gender vulnerability, a total of 16,301 (79.4%) females and 4,239 (20.6%) males were abused during the period under review countrywide. In the fourth quarter of 2021, a total of 7,920 cases of GBV were reported countrywide representing a reduction of 637 (7.4% reduction) from the 2020 statistics. Out of the 7,920 cases, 4,948 were criminal cases while 2,972 were non-criminal reports translating to 62.5% and 37.5% respectively. When disaggregated, the statistics indicate that 1,814 child victims were abused countrywide representing 22.9% of all the survivors of GBV. Out of the 1,814 children, 1,342 (74%) were girls while 472 (26%) were boys. Further, 4,790 women and 1,316 men were abused countrywide representing 60.5% and 16.6% respectively. In terms of gender vulnerability, a total of 6,132 women and girls representing 77.4% while 1, 788 men and boys representing 22.6% were abused during the period under review countrywide. The above statistics show that the cases of GBV reported are mainly against women and girls and in essence indicating that women and girls are more vulnerable to GBV.

 

When disaggregated by province, the data revealed that the cases of GBV are higher in urban areas as compared to rural areas. For instance, in the fourth quarter of 2021, Lusaka Province recorded the highest GBV cases accounting for 20.3% followed by Copperbelt accounting for 18.8%. Northern and Luapula Provinces recorded the lowest GBV cases at 3.8% and 1.5% respectively.

 

Another prevailing violation against women and girls in the country is child marriage[4]. According to the ZDHS (2018), 29% of women aged 20 to 24 years reported having been married before age 18 and this prevalence rate is considered one of the highest in the world. Child marriage is a human rights violation that prevents girls from obtaining an education, enjoying optimal health, bonding with others their own age, maturing, and ultimately choosing their own life partners^[5]. However, owing to several interventions aimed at curbing the scourge, the cases of child marriage in Zambia have reduced from 42% in 2007 to 31.4% in 2013/2014 to 29% in 2018. The causes of child marriage include poverty; limited access to a range of programmes, information and services, few opportunities for leisure and recreation, skills development and employment; prohibitive cost of sending children to secondary school; marriage as a response to teenage pregnancy; inadequate care for Orphans and stepchildren; risk management strategy for difficult or ‘hard-to-manage children and inadequate child supervision or social support[6]. Child marriage has many effects on girls’ health including increased risk for sexually transmitted diseases, cervical cancer, malaria, death during childbirth, and obstetric fistulas. Girls’ offspring are at increased risk for premature birth and death as neonates, infants, or children^[7]. Overall, child marriage negatively affects the advancement of the girl child thereby perpetuating the feminisation of poverty.

 

Relevant National Policies/Legislations that Address VAW/GBV in Zambia

Name of Policy/ Legislation	Year Passed	Brief Description – what does this policy achieve?	Describe level of acceptance/ support from the women’s movement
National Constitution[8]	2016	It is the Supreme Law of the country and in Article (1) outlaws any written law, customary law and practice that is inconsistent with its provisions. In Article (266), it provides for the definition of a child[9].	Somewhat accepted by the Women’s movement. The Movement has been advocating for the expansion of the Bill of rights to include economic, social and cultural rights.
Gender Equity and Equality Act No.22[10]	2015	The Act criminalises Sexual Harassment under section 39 and provides for the establishment of the Gender Equality Commission[11]	Highly supported and accepted by the Women’s movement. The Movement is advocating for funding towards the operationalisation of the Commission
Anti- Gender Based Violence Act No. 1[12]	2011	The Act provides for the protection of survivors of GBV; provides for certain duties to any person or institution with information regarding GBV to assist or advise a survivor of their rights and where to get help from; and gives powers to the police to arrest a perpetrator of GBV without an arrest warrant	Highly supported and accepted by the Women’s movement.
National Gender Policy[13]	2014	The Policy has in its rationale outlined the need to address persistence and emerging gender related issues such as the increased prevalence of GBV especially among women and has a specific objective aimed at addressing GBV.	Highly supported and accepted by the Women’s movement. The Women’s movement has been advocating for increased funding towards the full implementation of the Policy.
Education Act[14]	2011	The Education Act among other provisions prohibits marriage of a child who is a learner and provides for a stiffer punishment for such acts.	Highly supported and accepted by the Women’s movement
Marriage Act[15]	1994	The Act provides for the solemnisation and validation of marriages as well as provides for the legal age for marriage at 21	Highly supported and accepted by the Women’s movement
Penal Code[16]	2005	The Penal Code contains most of the criminal and penal offences in the Country and provides for their punishment and it contains provisions that deal with matters of VAWG	Somewhat accepted by the Women’s Movement. The main concern is that some of the offences in the Anti GBV Act do not have penalties in the Penal Code

 

 

Local Laws and Regional and Global Commitments Related to GBV/VAW in Zambia

At national level, the National Constitution, which is the supreme law of the land, outlaws any written or customary law and practice that is inconsistent with its provisions in Article 1. At subsidiary level, Zambia enacted the Anti GBV Act of 2011 which offers a comprehensive framework for protection and means of survival for survivors of GBV and prosecution of perpetrators. Second, the Penal Code contains the criminal and penal offences and provides for their punishment including some that deal with VAW. Lastly, Zambia enacted the Gender Equity and Equality Act of 2015 which is aimed at promoting gender equality between women and men and provides for the establishment of the Gender Equity and Equality Commission[17] and criminalises sexual harassment. Additionally, Zambia developed and adopted the National Gender Policy in 2014 which provides a guide for gender mainstreaming at national level and emphasizes the need to address persistence and emerging gender issues such as the increased prevalence of GBV especially among women. The Policy has an objective on reducing all forms of GBV and proposes the following measures – facilitate the implementation of policies, programmes and laws aimed at eradicating GBV and promoting female and male partnership in the fight against and prevention of GBV.

 

Besides local laws, Zambia is signatory to regional and international instruments aimed at addressing GBV/VAW. Notable ones include the following:

 

Sustainable Development Goals (SDGs) – Zambia is signatory to the SDGs whose goal is to leave no one behind. The SDGs under goal 5: Achieve gender equality and empower all women and girls has three specific targets aimed at ending VAWG – end all forms of discrimination and VAWG everywhere and in the public and private spheres respectively and eliminate all harmful practices, including child marriage.

 

Convention on the Elimination of all Forms of Discrimination Against Women and Girls (CEDAW) – Zambia ratified the CEDAW in 1985 and the Convention has made it clear that the definition of discrimination under the treaty includes GBV as it is “violence that is directed against a woman because she is a woman or that affects women disproportionately”. Zambia has domesticated the CEDAW through enactment of the Anti GBV Act of 2011 and the Gender Equity and Equality Act of 2015.

 

Maputo Protocol – Zambia signed the Protocol on 6^th June 2006, and it guarantees comprehensive rights to women while taking into consideration some positive cultural beliefs that Africans uphold. To address VAW, the Protocol has outlined rights and protections for women and girls including – elimination of discrimination against women; rights to life, integrity and security of the person; elimination of harmful practices to women and girls; marriage; right to protection of women in armed conflicts; and right to positive cultural context.

 

SADC Protocol on Gender and Development – aims to provide for the empowerment of women, to eliminate discrimination and achieve gender equality by encouraging and harmonising the development and implementation of gender responsive legislation, policies and programmes and projects. To address VAW, the Protocol has set specific targets including – enact and enforce legislation prohibiting all forms of GBV; ensure that the laws on GBV provide for comprehensive testing, treatment and care of survivors of sexual assault; review and reform their criminal laws and procedures applicable to cases of sexual offences and GBV; enact legislative provisions, and adopt and implement policies, strategies and programmes which define and prohibit sexual harassment in all spheres, and provide deterrent sanctions for perpetrators of sexual harassment; and adopt integrated approaches.

 

Key GBV/VAW Prevention Programming or Policy Successes in Zambia

In addressing VAW, Zambia has recorded some successes in programming and/or policy. These include the following:

1. GRZ-UN Joint Programme – implemented between 2010 and 2018 with support from the UN. Through the Programme, the Government enacted the Anti-GBV Act No. 1 of 2011 which seeks to provide for the protection of survivors of GBV through progressive provisions such as the construction and management of shelters as well as the establishment of the Anti GBV Fund. To facilitate the speedy disposal of GBV cases, the Act provides for the establishment of Fact Track courts. Key achievements under the programme included the establishment of six out of ten targeted Fast Track courts and increase in reported cases of GBV. The major concern with the Programme was that it was reactive as opposed to focusing on preventing GBV. This has been the major backlash regarding the general programming on GBV in the country.

 

2. In the past five years, there have been significant efforts aimed at ensuring that men are brought on board in fighting VAW. Zambia ran the HeForShe Campaign which saw the country’s 6^th Republican President, Edgar Lungu, being appointed an Ambassador for ending child marriage by the AU. Further, the government implemented the Boys to Men programme which sought to mitigate the high prevalence of GBV and was aimed at providing an opportunity for boys to develop into non-violent, healthy men, supported by adult mentors, healthy model masculinity and respectful, non-violent relationships. The programme resulted in WROs getting on board and this saw the birth of the Boys and Men’s Networks under the YWCA. The involvement of men and boys in the fight for VAW is focused on bringing about behavioural change among men and boys with the sole purpose of creating a cadre of men and boys who can support the fight.
3. In 2016, Zambia launched the Ending Child Marriage Strategy and in 2017, developed and launched the National Plan of Action which was launched and has been running the ending child marriage campaign which has so far contributed to the reduction in the cases of child marriage. Key players in the campaign include Government and WROs. One of the major concerns around the campaign has been that the campaign is 100% dependent on donor funding, and this has raised concerns on the sustainability beyond the funding period.

 

Critical Policy or Programming Gaps on GBV/VAW in Zambia

Describe policy/ programming gap and its significance	What has been done to address gap to date?	Why have these efforts been unsuccessful?	Who are the key players working on this?	Future Opportunities
Data gaps – significant gap as it relates to provision of sex disaggregated data and avoidance of duplication of recorded cases.	The country relies on GBV data from the Zambia Police Victim Support Unit and the YWCA	There have been issues around the quality of data collected as it relates to sex disaggregation and duplication of cases among stakeholders.	Zambia Statistical Agency (ZamStats); ZP VSU; Young Women Christian Association (YWCA); MoG	Harmonisation of data collection tools to avoid duplication and improve on the quality of data.
Partial operationalisation of the Anti GBV Fund – poor funding and not much information on accessing the fund is known by survivors	There has been limited support towards survivors of GBV	Due of the low socio-economic status of survivors of GBV, withdrawal of cases, especially when the perpetrator is the bread winner, have been on the rise	Ministry of Gender, WROs (YWCA, WLSA, NGOCC, Women for Change (WfC), Plan, ActionAid Zambia)	An opportunity for the WROs to lobby government to urgently fully operationalise the Anti GBV Fund.
No rules of court – the Anti GBV Act of 2011 does not outline its own penalties for those that contravene its provisions	Use of the Penal Code to outline penalties for those that contravene the Act	Some of the offences highlighted in the Anti GBV Act do not have penalties in the Penal Code	WLSA, WILDAF, NGOCC, Ministries of Gender and Justice, ZLDC	Review the Penal Code so that it is harmonised with the Anti GBV Act of 2011.
No specific policy framework for coordinating and overseeing implementation of the Anti GBV Act	The country has a law in place on GBV, the Anti GBV Act of 2011	There is no strong coordination mechanisms in place to guide the different players working on ending GBV/VAW	Ministries of Justice and Gender, WLSA, WILDAF, NGOCC, ZLDC	Need to develop a policy framework on GBV
Reliance on donor funding to implement GBV/VAW programmes	Most of the programming on GBV/VAW is dependent on donor funding	Sustainability of most programme implementation is not guaranteed beyond the donor funding.	Ministries of Gender and Finance, YWCA, WLSA, NGOCC, Zambia Centre for Communication Programme (ZCCP), WiLDAF, Boys and Men’s Networks	Need to advocate for increased budgetary allocation towards the fight for VAW
Recognition of a dual legal system	The National Constitution recognises both statutory and customary law. Thus, local courts are allowed to administer customary laws.	Some of the customary laws are discriminatory and perpetuate VAWG	Traditional leaders, Zambia Law Development Commission (ZLDC), YWCA, NGOCC, WLSA, WILDAF; Ministries of Justice and Gender; ZCCP, Boys and Men’s Networks	The need to harmonise customary laws so as to do away with the ones that perpetuate discrimination against women and girls
Non operationalisation of the Gender Equality Commission	Some of the functions of the Commission are performed by the Ministry of Gender	The Ministry of Gender does not have the powers to effectively perform the mandate of the Commission	Ministry of Finance, YWCA, NGOCC, WLSA, WILDAF, Boys and Men’s Networks, ZCCP	The Women’s Movement have been lobbying government to prioritize funding towards the operationalisation of the Commission

 

Recommended Actions for Ending GBV/VAW

a) Amending policies and/or funding priorities

• It is recommended that majority of the funding for VAW be channelled towards prevention initiatives as opposed to responses and services. Thus, donors should fund more prevention activities such as education and working with girls and boys in promoting respectful relationships; women’s empowerment and enjoyment of their rights; awareness raising and community mobilisation. Further, more resources should be channelled towards the operationalisation of the Anti GBV Fund to guarantee protection of survivors of VAW.
• To improve the convictions for perpetrators of VAW, there is need for the Ministry of Justice to amend the Penal Code with the aim of harmonizing its penalties with the provisions of the Anti GBV Act of 2011.

 

b) Strengthening Implementation

• There is need for an effective coordination of stakeholders to deliver comprehensive, integrated and survivor-centred services. This calls for the Ministry of Gender to develop and implement a Policy to oversee and coordinate the implementation of the Anti GBV Act of 2011. Among others, the Policy should spell out how the Anti GBV Fund will be operationalised.
• For better planning and programming on VAW, there is need to strengthen the quality of data collected on VAW. Therefore, it is recommended that the tools for data collection used by the VSU and other stakeholders are harmonized for collection of sex disaggregated data and avoid duplication of recorded cases.
• To improve reporting of VAW cases and seeking help by survivors, there is need for the government through the Ministries of Gender and Community Development and Social Services in close collaboration with the Women’s Rights Organisations to enhance sensitization of the communities on VAW and its effects on women and development in general.

 

c) Supporting the women’s movement

• For a comprehensive and coordinated approach to fighting VAW, there must be a collective voice and action between government and the women’s movement as well as other stakeholders. This calls for government’s support towards efforts of the women’s movement in fighting VAW as partners in development.
• Further, to ensure sustainability of the women’s movement programmes on VAW, it is recommended that government works closely with the movement with the aim of taking over once funding ends using local resources (from the national treasury).

 

[1] Patriarchal relates to or denotes a system of society or government controlled by men

[2] Ministry of Gender (2016). Country Report on the Implementation of the AU Solemn Declaration on Gender Equality in Africa

[3] Ibid

[4] The Revised National Gender Policy of 2014 defines Child Marriage as any marriage – whether under civil, religious or customary law and with or without formal registration – where either one or both spouses are children under the age of 18

[5] Nawal M. Nour (2006). Health Effects of Child Marriage in Africa. Journal of Emerging Infectious Diseases: 12(11): 1644–1649.

[6] UNICEF in March 2015 engaged a consultancy firm, Child Frontiers to undertake a qualitative study on child marriage in Zambia in six districts.

[7] Nawal M. Nour (2006). Health Effects of Child Marriage in Africa. Journal of Emerging Infectious Diseases: 12(11): 1644–1649.

[8] http://www.parliament.gov.zm/sites/default/files/documents/amendment_act/Constitution%20of%20Zambia%20%20%28Amendment%29%2C%202016-Act%20No.%202_0.pdf

[9] The National Constitution for Zambia defines a child as a person who has attained, or is below the age of eighteen years

[10] http://www.parliament.gov.zm/sites/default/files/documents/acts/The%20Gender%20Equity%20and%20Equality%20Bill%2C%202015.pdf

[11] The Gender Equality Commission has a mandate to monitor, investigate, research, advise and report on gender and development with the aim of attaining women empowerment and gender equality

[12] file:///C:/Users/User/Downloads/ZMB90116%20(1).pdf

[13] https://www.gender.gov.zm/?wpfb_dl=51

[14] http://www.parliament.gov.zm/sites/default/files/documents/acts/Education%20Act%202011.pdf

[15] http://www.parliament.gov.zm/sites/default/files/documents/acts/Marriage%20Act.pdf

[16] http://www.parliament.gov.zm/sites/default/files/documents/acts/Penal%20Code%20Act.pdf

[17] The Commission is a body that will be charged with the responsibility of gender mainstreaming in both the public and private sectors