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Therefore, the government has an obligation to address GBV including domestic violence and is responsible for protecting men and women’s rights to personal freedom, dignity, life and physical integrity both in the private and public sphere. Zambia has undertaken a domestication process where the international commitments and ratifications have been enacted into domestic laws and provides for a legal framework that seek to end GBV and promote gender equality and equity. It is significant that the parliament has recently enacted a law, which provides for the ratification and the domestication process of Zambia’s international agreements and commitments.9 The Zambian Constitution is the supreme law of the land, which protects and emboldens fundamental rights and freedoms of all Zambian people. From 1990 to 2015, Zambia went through a number of constitutional reform process followed by a number of amendments. The most recent amendment to the constitution is the Constitution of Zambia Amendment Act No. 2 of 2016. Zambia has a dual legal system (customary and statutory) and all laws written and customary are subject to the provisions of the Constitution. The Criminal Procedure Code, Chapter 88 of the Law of Zambia, Chapter 87 of the Law of Zambia, the Penal Code (Amendment) No. 15 of 2005, the Anti- Human Trafficking Act No. 11 of 2008, the Marriage Act Chapter 50, Matrimonial Causes Act No. 2007, the Legitimacy Act Chapter 52 of the Laws of Zambia, the Affiliation and Maintenance Act, Chapter 64 of the Laws of Zambia, the Employment Act, Chapter 268 of the Laws of Zambia, the Anti-GBV Act No. 1, 2011 and the Gender Equity and Equality Act 2015, Chapter 53 - the Juvenile Justice Act are some of the legislations that are enacted to address structural inequalities and signify that violence is unacceptable. In a recent study, Jeni Klugman for the World Bank, suggests that legislation that criminalises violence against women codifies the rights of women to live free of violence. Laws can play a symbolic role, by indicating that such behaviour is socially unacceptable. The associated sanctions may serve a deterrence function. Either or both levers may work in practice to reduce incidences of violence.10 Apart from legislations, Zambia has also developed strategic national plans and policies to ensure gender-based violence is a priority concern. In 2000, Zambia adopted a National Gender Policy and key institutions and ministries have been either reorganised or newly established. In 2008, the Gender in Development Division developed a National Action Plan on gender-based violence for 2008-2013, and the Ministry of Gender and Child Development a Strategic Plan, for 2014-2016. The reorganisation of ministries has led to the Ministry of Gender tasked with coordinating and monitoring the National Gender Policy as well as the Anti-GBV Act. The Zambian Police Victim Support Unit (VSU) is mandated to handle all GBV cases and have VSU posts in police stations across the country. Legal aid is provided by the government and CSOs despite the absence of a comprehensive national legal aid policy to guide and regulate the provision of legal aid. In 2012, a committee of 15 members was established by the Minister of Justice at the request of the National Legal Aid Board for the development of a comprehensive national legal aid policy. A draft national legal aid policy was first completed in 2013. It is currently being reviewed and the adoption is planned by the end of 2017. It is hoped that with improved quality legal aid provision there would be enhanced access to justice, which is a crucial component for the implementation of gender sensitive laws such as the Anti-GBV Act. This will allow for the Act to have a positive impact on the lives of Zambian people.
1.3.3 The Anti-GBV Act The Anti-GBV law is considered as a progressive law and for the first time in Zambia, provides for a comprehensive framework for protection of GBV offences, and guidance on adequate recourse. After more than a decade of advocacy from Zambian civil society and collective action, the parliament passed the Anti-GBV Act in 2011, an effective legislation that provides protection and adequate recourse for survivors. Zambia is one of the only countries in SADC region to have a specific anti-gender-based violence law. The Act is in line with international legal frameworks and draws experience from global best practices. The Act is lauded for providing a holistic approach to countering GBV, one that combines legal and non-legal support11 to effectively address GBV.
9. The Ratification of International Agreements Act, 2016. 10. Jeni Klugman. Gender-Based Violence and the Law. World Development Report Background Paper, World Bank, Washington DC. 2017. 11. The Anti-GBV Act provides for the establishment of Gender Committee and Provincial and District Gender Task Force, a Gender Fund to conduct information and sensitisation programs and care of the survivors, access to economic initiatives and promotes a multi-sectoral model of combating GBV.