UPR Sexual Rights Database

"National Report: Para 53) In relation to issues of gender equality, section 27(2) of the Constitution states that the State must take measures to ensure that girls are afforded the same opportunities as boys to obtain education at all levels. While the 2014 Education Management Information System shows that gender parity has been achieved at primary and lower secondary levels, the participation rate for girls at upper secondary level is still at 44%. More girls are being encouraged to proceed to upper secondary level and beyond through interventions that address the problems that cause girls to drop out of school.

Para 86) The Broad Based Women Economic Empowerment Framework is being implemented and has resulted in an increase in women’s participation in economic sectors such as agriculture and mining. The Women’s Development Fund is in place and Government is working towards establishing a Women’s Bank to improve access to affordable finances by women and facilitate financial inclusion by decentralising the banking system."

Stakeholder Summary:
Para 31) JS1 stated that the national gender based violence response hotline and the Victim Friendly Unit in police stations lacked capacity and personnel with sufficient knowledge to support victims. Cases of gender based violence have escalated during the COVID-19 pandemic

Stakeholder Summary:
Para 19) JS7 noted the existence of laws that discriminated against persons based on their real or imputed sexual orientation, including Section 78 of the Constitution, which restricts marriage rights to heterosexual relationships, Section 73 of the Criminal Law (Codification and Reform) Act, which criminalises consensual same-sex sexual relations regardless of the age of the persons, and Section 14(1)(f) of the Immigration Act, which classifies “homosexuals” as prohibited persons. In addition, other laws which although were prima facie neutral, have been weaponised by law enforcement officials, including Section 41 of the Criminal Law (Codification and Reform) Act, on disorderly conduct and Section 46 of this Act on criminal nuisance. JS7 stated that the criminalization of consensual same-sex relations lay at the heart of the human rights violations perpetrated against LBGTI persons.
Para 20) Noting that in the previous review, recommendations relating to equality and nondiscrimination on the basis of sexual orientation, gender identity and expression did not enjoy the support of Zimbabwe, JS1 stated that the current context characterised, inter alia, by poverty, unstable fiscal policies and religious fundamentalism, perpetuated stigma and discrimination against women and LGBTI persons.
Para 21) TIRZ stated that the criminalization of HIV transmission, consensual sex between adult males and sex work increased the stigma and discrimination faced by people living with HIV and LGBTI persons.
Para 22) JS7 noted the absence of legislation allowing for transgender persons to change their gender marker on their identification documents.
Para 73) JS9 stated that stigma and discrimination by health service providers denied transgender and intersex identifying persons their rights to health care. Additionally, the public health services did not provide affirming health services for transgender and intersex persons.

"National Report:
Para 5) As reported in the Mid-Term Report, Zimbabwe held a referendum in 2013 which resulted in the adoption of a new Constitution with an expansive Declaration of Rights. The Constitution strengthened the institutional framework for the promotion and protection of human rights by either establishing new institutions, such as … the Zimbabwe Gender Commission

Para 16) As indicated in Mid-Term Report, the Constitution provides for Independent Commissions which support the promotion and protection of human rights and democracy. The Zimbabwe Gender Commission Act was enacted in February 2016, paving the way for the operationalisation of the Commission, while a bill to operationalise the NPRC is under consideration. The ZHRC, ZEC and the ZMC are fully operational

Para 27) Public awareness campaigns have been carried out at annual commemorations such as: the International Day of the Child; the Day of the African Child; the International Day of Disabled Persons; International Women’s Day …

Para 35) As reported above, the Constitution has established new independent institutions such as the Zimbabwe Gender Commission and the NPRC. The Gender Commission is now operational.

Para 53) In relation to issues of gender equality, section 27(2) of the Constitution states that the State must take measures to ensure that girls are afforded the same opportunities as boys to obtain education at all levels. While the 2014 Education Management Information System shows that gender parity has been achieved at primary and lower secondary levels, the participation rate for girls at upper secondary level is still at 44%. More girls are being encouraged to proceed to upper secondary level and beyond through interventions that address the problems that cause girls to drop out of school

Para 86) The Broad Based Women Economic Empowerment Framework is being implemented and has resulted in an increase in women’s participation in economic sectors such as agriculture and mining. The Women’s Development Fund is in place and Government is working towards establishing a Women’s Bank to improve access to affordable finances by women and facilitate financial inclusion by decentralising the banking system.

Midterm Report:
Laws are being reviewed in order to harmonise them with the new Constitution.

A review of the Public Order and Security Act with the view of aligning it with the Constitution and the Human rights standards is underway.

Zimbabwe adopted a new Constitution which is progressive in terms of advancing women’s rights. Unlike the previous Constitution, the new Constitution specifically provides for the rights of women and gender equality. The Constitution now absolutely prohibits discrimination against women, unlike the previous Constitution which allowed exceptions especially with regard to the application of customary law. Furthermore, the Constitution provides for the establishment of a Gender Commission whose functions will include monitoring issues concerning gender equality with a view to ensuring gender equality as provided in the Constitution and investigating possible violations of rights relating to gender.

The new Constitution provides for a reserved quota for women in the National Assembly and proportional representation in the Senate. As a result, Zimbabwe has witnessed an increase in representation of women in Parliament as they make up 32% in the National Assembly and 48% of Senate, which constitutes a total 34% of the current Parliament. The Constitution further calls upon government to ensure full gender balance and to take measures to promote the full participation of women in all spheres on the basis of equality with men. This includes equal representation in all institutions, agencies of government, commissions and other elective bodies at all levels.

The National Gender Policy has been reviewed and aligned to international and regional human rights instruments, which include CEDAW, SADC Protocol on Gender and Development and UPR recommendations. The Broad Based Women Economic Empowerment Framework is being implemented and has resulted in a marginal increase in women’s participation in economic sectors such as agriculture and mining. The Women’s Development Fund is still in place

Research on family laws has been carried out and a position paper has been developed.

UN Compilation:
Para 23) The Committee commended efforts to apply temporary special measures allowing women to access loans under the small and medium-sized enterprises policy in 2010 ….

Stakeholder Summary
Para 24) JS7 stated that at the 2011 review, Zimbabwe agreed to implement measures to prohibit discrimination against women, address the marginalization and exclusion of women from the economic, social and political spheres. The 2013 Constitution protected women’s rights and prohibited discrimination on basis of gender. However, the envisaged equality had not translated into social and economic empowerment for women"