The document discusses gender-based violence in Zambia. It describes Zambia's Anti-Gender Based Violence Act of 2011 which aims to eradicate GBV. It reviews reported GBV cases in Zambia and risk factors for GBV using an ecological framework. It finds that reported GBV cases are increasing, with women and girls most affected. It recommends strategies to prevent GBV including education programs, victim support services, and fully implementing and enforcing anti-GBV laws.
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GBV
1. Eradicating Gender-based Violence in Zambia
This policy brief describes the Anti-Gender-based Violence Act (2011) of
the Government of Zambia, which aims to eradicate Gender-based
Violence (GBV); reviews the latest reported cases on GBV; presents the
risk factors of GBV and analyzes the socio-economic consequences of
GBV; and, recommends cost-effective strategies for the prevention of
GBV, and the protection and empowerment of women and girls.
The Anti Gender-based Violence Act (2011)
Gender-based violence “refers to violence that targets individuals or
groups on the basis of their gender. The United Nations Office of the
High Commissioner for Human Rights Committee on the Elimination
of Discrimination against Women (CEDAW) defines it as ‘violence
that is directed against a woman because she is a woman or that
affects women disproportionately’. (Humanitarian New and Analysis,
November 24, 2015).
Inflicting physical, mental or sexual harm or suffering, the threat of such
acts, coercion and other deprivations of liberty are also forms of GBV,
which is used interchangeably with “sexual violence” and “violence
against women”. Not all acts against a woman are GBV, or not all victims
of GBV are female. A man who is being harassed, beaten or killed
because he does not conform to the society’s accepted view of
masculinity, is also a victim of sexual violence. Thus, the eradication of
GBV demands stringent measures.
The Anti Gender-based Violence Act (2011), which Zambian President
Rupiah Banda signed in April 2011 is an important step towards
eradicating gender based violence (GBV) in Zambia. This comprehensive
law on GBV in SADC provides the necessary legal and social support to
many marginalized women and children victims/survivors of GBV. Its
framework provides protection and survival options for these victims and
prosecution of their perpetrators.
This Act came after more than a decade of advocating for a
comprehensive and effective piece of legislation, which all sectors of
Zambian society, particularly, women’s organisations, have received well.
Zambia’s Act is more far reaching and comprehensive than the specific
domestic violence Laws of other SADC countries that have specific
domestic violence Laws.
Zambia’s Anti-GBV Act is based on the GBV provisions of Articles 20-25 of
the SADC Protocol on Gender and Development, which encourages States
to enact and implement legislation prohibiting all forms of GBV;
discourage social, economic, cultural and political practices and traditional
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2. norms; hold public awareness programmes; adopt integrated approaches;
provide support mechanisms and other specialised facilities for survivors
of GBV
This Act targetsi
perpetrators of GBV; Judiciary who handles cases of GBV
when taken to court; police service; government departments; women
and men; civil society, the church and other stakeholders; and, the nation
at large.
Zambia’s government agents and civil society have started disseminating
and sensitizing the public on the Act’s provisions and training the
judiciary; formulating a communication strategy and putting together a
National Gender Monitoring and Evaluation Plan, while simultaneously
reviewing the National Gender Policy. However, the Act has not been fully
and effectively implemented due to some financial and human resources
constraints; poor monitoring and evaluation strategies; slow court trials;
limited public awareness, especially in the rural areas; and existence of
some types of violence not catered for by the Actii
.
Thus, GBV remains as a widespread problem in Zambia with the
increasing number of reported cases. Figure 1 (Gender Status Report,
2012-2014, Ministry of Gender, p. 32) below shows the GBV reported
cases by year. These results show that the number of GBV reported cases
in 2011 increased by 27.18% in 2014, i.e., from 11,914 (2011) to 15,153
(2014).
Figure 1: Gender Based Violence reported Cases by Year, 2011-
2014
Source: Zambia Police, Victim Support Unit
Figure 2 shows an increase in the number of recorded GBV cases taken to
court from 2,393 in 2011 to 4,318 in 2013. However, the number of
JVGabuya, 29 November 2015/file
3. recorded GBV cases taken to court dropped from 4, 318 (2013) to 3,380
(2014).
Figure 2: Number of GBV Cases Taken to Court and Not Taken
to Court, 2011-2014
Source: Zambia Police, Victim Support Unit
Table 1 shows that more females than males were victims of GBV. Of the
2,046 reported cases on defilement of a child, 98.92% (2,024) had
female victims and 1.08% (22) had males. Neglecting to provide the basic
necessities of life to a child was the highest reported offense in 2013,
totalling 2,701.
Table 1: Proportion Distribution of the reported GBV Cases
disaggregated by Sex and Age Group, 2013
OFFENSES
Sex (0 -16 years) Sex (16 years & Above)
Total
Male Female Male Female
Defilement of a Child 22 2024 0 0 2046
Rape 0 0 0 227 227
Incest 6 22 1 9 38
Sexual Harassment 3 5 0 22 30
Abduction 0 12 0 2 14
Human Trafficking 13 12 17 122 164
Child Stealing 7 5 0 0 12
Child Desertion 24 54 0 0 78
Assault On A Child 74 95 0 0 169
Neglecting to provide 985 1716 0 0 2701
Source: Zambia Police-Victim Support Unit
Table 2 shows that in 2014, women continued to be more vulnerable to
GBV than men. Of the 993 cases reported and taken to court for Assault
Occasioning Actual Bodily Harm (O.A.B.H), 973 victims were females and
20 were males.
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4. Assault O.A.B.H was the highest reported offense, totalling 4,335 cases,
followed by Neglecting to provide necessity with 2,628 cases, then
defilement of a child with 2,429 cases.
Table 2: Number of Reported GBV Cases by Sex, Type of
Offense, either Taken to Court or Not Taken to Court,
2014
OFFENsES
Taken to Court Not Taken to Court
Total
Male Female Total Male Female Total
Defilement of a child 5 836 841 2 1,586 1,588 2,429
Defilement of idiots - 12 12 - 11 11 23
Attempted defilement - 6 6 - 2 2 8
Bigamy - 2 2 - 5 5 7
Rape - 84 84 - 121 121 205
Attempted rape - 27 27 - 14 14 41
Incest 2 32 34 1 12 13 47
Unnatural offences 8 8 16 1 10 11 27
Sexual harassment - - - - 7 7 7
Indecent assault 4 91 95 2 66 68 163
Murder 8 36 44 5 8 13 57
Infanticide 3 5 8 - 2 2 10
Attempted murder 1 - 1 1 - 1 2
Grievous bodily harm 5 10 15 1 4 5 20
Assault O.A.B.H 20 973 993 457 2,885 3,342 4,335
Unlawful wounding 19 42 61 21 27 48 109
Child destruction - 1 1 - - - 1
Concealment of birth - 3 3 - - - 3
Child stealing 3 5 8 2 5 7 15
Child desertion 13 3 16 49 42 91 107
Assault on a child 73 76 149 69 87 156 305
Abduction 1 2 3 2 7 9 12
Human trafficking 54 111 165 - 1 1 166
Procuring abortion - 4 4 - - - 4
Fraudulent presence of Marriage - 1 1 - 5 5 6
Criminal trespass 4 3 7 4 6 10 17
Cruelty to juveniles 1 - 1 1 - 1 2
Arson - 3 3 2 10 12 15
Theft 40 38 78 60 71 131 209
Depriving the beneficiaries 2 7 9 18 274 292 301
Use of insulting language 32 79 111 24 131 155 266
Malicious damage to property 15 18 33 50 70 120 153
Conduct likely to cause the breach of
peace
20 79 99 30 40 70 169
Threatening violence 6 32 38 50 106 156 194
Neglecting to provide necessity 73 128 201 743 1,684 2,427 2,628
Failing to provide 31 5 36 1,064 410 1,474 1,510
Harmful cultural practice - - - - - - -
Neglect act spread infection - - - - - - -
Wrongful confinement - - - - - -
Marrying off/marrying a Child who is a
learner
- 2 2 - - - 2
Disputes - - - 358 1,045 1,403 1,403
Total 443 2764 3207 3017 8754 11771 14978
Source: Zambia Police, Victim Support Unit
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5. GBV’s Hapless Victims: Women and Girls
Based on the foregoing, there is an enormous and urgent need to address
this pressing problem of GBV, which has violated the rights of
individuals/persons, particularly women and girls, and has adverse effects
on global health. The total number of reported GBV cases affecting
women and girls (females), both taken to court and not taken to court,
and in most forms of GBV, were higher than those cases affecting boys
and men (males).
The causes of GBV, in any form, spring from “a combination of several
factors that increase the risk of a man committing violence and the risk of
a woman experiencing violence (WHO/LSHTM, 2010). Heise (1998, as
cited in WHO, 2005) developed an “ecological framework” of
understanding violence against women.
Figure 3: Ecological Framework for Understanding Violence
Against Women
This “ecological framework” differentiates risk factors at the individual,
the relationship, the community, and the society levels. These factors are
linked to the increased likelihood that an individual will become either a
victim or a perpetrator of violence. Heise’s (see WHO/LSHTM, 2010 with
multiple references) comprehensive framework for understanding GBV’s
risk factors and their interplay can be used as a guide for designing
prevention and response interventions.
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6. Individual-level factors are biological and personal history
factors that increase the risk of violence. For example, a low
level of education, young age (early marriage) and low-
economic status/income have been associated as risk factors
for both experiencing and perpetrating intimate partner
violence.
Relationship-level factors contribute to the risk of GBV at the
level of relationships with peers, intimate partners and family
members. For instance, men having multiple partners are
more likely to perpetrate intimate partner violence or sexual
violence.
Community-level factors refer to the extent of tolerance
towards GBV in contexts at which social relationships are
embedded, such as schools, workplace or the neighbourhood.
Research found that societies that had community sanctions
against violence, including moral pressure for neighbours to
intervene, in place and where women had access to shelter or
family support had the lowest levels of intimate partner and
sexual violence.
Society-level factors include the cultural and social norms that
shape gender roles and the unequal distribution of power
between women and men. Intimate partner violence occurs
more often in societies where men have economic and
decision-making powers in the household and where women
do not have easy access to divorce and where adults routinely
resort to violence to resolve their conflicts.
Risk Factors of Gender-based Violence
Table 3 gives an overview of common risk factors for both, intimate
partner violence and sexual violence associated with the ecological model
(WHO/LSHTM, 2010).
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7. The presence of the above-cited risk factors increases the likelihood of
violence, particularly GBV. Men’s experience of poverty, conflict, rapid
economic or political change, and other external factors are not the only
causes of GBV, which cuts across socio-economic boundaries.
Economic and Social Consequences of GBV
Although poverty and crisis aggravate GBV, poverty itself is just one of
the main factors that may worsen the existing violence. Conflict and rapid
economic and social change also affect the magnitude of GBV in any
society. The occurrence of social instability often increases the incidence
of violence against women, and triggers new patterns of abuse. For
instance, when men are unemployed and women start entering the
workforce, or when post-war discharged soldiers lack opportunities, men’s
sense of masculinity and power are threatened, especially in contexts
where customary laws tolerate gender-based violence. This violence
worsens as men try hard to maintain a sense of control and power.
The unequal power relations between men and women is the root cause
of GBV. These relations ensure male dominance over women, in every
human society all over the world. Women are the immediate victims of
GBV, but its consequences create havoc on the whole society.
Conclusions
The risk factors of GBV and its economic and social consequences
threaten family structures, children and women’s lives, and the society.
Thus, there is an urgent need to end, if not eradicate GBV, which has
affected the lives of every woman and man, young and old, in every
community and in every country, particularly in Zambia, where the rights
of girls and women as human beings still have to be promoted, their
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8. dignity have to be upheld, and their security have to be ensured. The
social cost of gender inequality and violence in this country is enormous,
and their deleterious effects on the lives of every Zambian, regardless of
age and gender, threaten their future and total well-being. Also, it is
imperative to clearly understand the nature and magnitude of gender-
based violence in Zambia where unequal power relations and human
rights violations are prevailing at the home front, in communities, in the
churches, in the marketplaces, and in other places where women fear to
tread. This gargantuan task demands the collaboration of the
government, the nonprofit organizations, the churches, the civil society,
and other sectors in the Zambian society.
Recommendations
As part of the celebration of the International Day for the Elimination of
Violence against Women (25 November 2015) and to sustain the 16 Days
of Activism against Gender-based Violence, the following cost-effective
strategies for the prevention of GBV, the protection and empowerment of
women and girls:
1. Teaching women and girls literacy, financial skills and health
information, and including lessons on human rights and the risks of
child marriage (“16 days of activism,” Empowering girls to take a
stand against violence, abuse, November 25, 2015)
2. Providing victims/survivors of GBV with medical services, and
counselling support, and other forms of psychosocial interventions,
through phone hotlines and online helplines
3. Lobbying Parliament and the Government of Zambia to facilitate the
full enforcement and effective implementation of the Anti-Gender-
based Violence Act; the inclusion of other types of violence not
catered for by this Act; the formulation of stronger monitoring and
evaluation strategies; the acceleration of court trials of GBV cases;
and the enhancement of public awareness and advocacy against
GBV, especially in rural areas
Focusing on prevention to end violence, UNIFEM recommends the
development of “models and programmes to stop violence from occurring
in the first place,” (“A Life Free of Violence: Unleashing the Power of
Women’s Empowerment and Gender Equality, UNIFEM Strategy 2008-
2013”, n.d.) which is the most strategic medium-to-longer-term strategy:
• Outrage strategies to engage young women and men as
champions of social transformation, including the use of
popular entertainment, music and internet technologies, and
school systems
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9. • Efforts to empower young women and strengthen youth
mobilization and leadership, recognizing the rights of young
people to participate in decisions affecting their lives;
• Policy- oriented advocacy on prevention among this key age
group, and to ensure that young women survivors of gender-
based violence have ready access to information, services and
responses tailored to their needs;
• Catalyzing action on sexual violence against adolescent girls
and young women – a particularly neglected but urgent issue.
• Intensifying advocacy and outreach initiatives in the
framework of the Secretary General’s campaign UNiTE to End
Violence Against Women
• Strengthening partnerships with pro-gender equality men’s
groups and networks; and
• Enhancing existing programmes by integrating expertise on
masculinity issues in order t promote and adapt promising
prevention strategies
References
Empowering girls to take a stand against violence, abuse. (2015,
November 25). In UNFPA. Retrieved from
http://www.unfpa.org/news/empowering-girls-take-stand-against-
violence-abuse.
UNIFEM (2013). Retrieved from
http://www.unwomen.org/~/media/Headquarters/Media/Publications/UNI
FEM/EVAWkit_03_UNIFEMstrategy_en.pdf
Gender-based Violence. (2015, November 20). In Humanitarian News and
Analysis. Retrieved from http://www.irinnews.org/indepthmain.aspx?
InDepthId=20&ReportId=62847
Preventing Violence Against Women and Gender Inequality in
Peacekeeping (2010 May 3). In Peace Operations Training Institute.
Retrieved from http://www.peaceopstraining.org/courses/preventing-
vilence-against-women/.
Strengthening Health System responses to gender-based Violence in
Eastern Europe and Central Asia (2010). In WHO/LSHTM. Retrieved from
http://www.health-genderviolence.org/guidance-for-health-
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11. i
“Zambia: Anti-gender Based Violence Act Passed,” Southern Africa Gender Protocol Alliance,
17 August 2015.
ii
Organisations like Women in Law in Southern Africa (WLSA) identified some shortcomings of
the act like the term "domestic relationships", which excludes some forms of gender violence
such as violence associated with prostitution; violence at the work place; violence by the police
and security forces including torture of detained women.