By CHOLA MUSONDA MUSATWE And COLLINS NKUMBWA
ABSTRACT
This research gives a detailed discussion on legal framework bordering on Journalism which is one of the many professions held in high esteem. The profession however is not without its own challenges as female journalists find it difficult to enjoy their career in the face of issues posed by society and by the media industry as indicated in this paper.
Key words – Gender, Discrimination, Media
1.0 INTRODUCTION
Zambia is a signatory to many international instruments pertaining to the establishment of the international and regional human rights standards with regard to gender equity and equality. This chapter gives a broader insight of various laws which protect and promote gender equality in Zambia. In addition, it will take into account the legal framework which can be seen through the various organizations and legal mechanisms enforced to address and achieve gender equality in Zambia. Following the escalation in the number of issues surrounding the discrimination of female journalists in various Zambian media work places, this chapter seeks to look into the different local and international laws and the forms of legislation that have been established.
2.0 THE EVOLUTION OF THE LEGAL FRAMEWORK
The fight for gender equality can be traced as far back as the 19th century which was after the anti-slavery convention held in London of 1840 that prompted the declaration of sentiments at the first women’s rights convention in Seneca Falls in the year 1848.It was addressed to acknowledge women’s rights and promote gender balance in a male dominated territory.Following this convention, women around the world became aware of the need to fight for their public rights and realized that attaining equal rights to those of men was of great significance as women were not accorded the same equal opportunities as men.
Having achieved suffrage and equality in property rights, feminists after the first world war broadened their objectives to tackling discrimination in employment opportunities, pay and education, reproductive rights and the role of women in the family and household. In an effort to achieve this equality, there have been various local and international organizations as well as statutes that have been established in achieving the foregoing and these shall be addressed to a greater extent below.
3.2 INTERNATIONAL INSTRUMENTS
3.2.1 THE UNIVERSAL DECLARATION OF HUMAN RIGHTS
The Universal Declaration of Human Rights is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings.The Universal Declaration begins by recognizing in its preamble that “the inherent dignity of all members of the human family is the foundation of freedom, justice and peace in the world. “Article 7 of the Universal Declaration provides that “all are equal before the law and are entitled without any discrimination to equal protection against discrimination in violation of this Declaration and against any incitement to such discrimination.” It is quite clear that the aforementioned provisions are beneficial to female journalists as they generally guarantee protection against discrimination. The Universal Declaration of Human Rights provides an international standard of human rights that countries are expected to recognize and adhere to in an effort to achieve gender equality.
3.2.2 THE CONVENTION ON THE ELIMINATON OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)
CEDAW is part of a broader global discourse on gender equality. It is one of the many international instruments that have been ratified in Zambia. This convention is beneficial to female journalists in that it provides the basis for realizing equality between women and men in the media work place by ensuring equal access and equal opportunities for all.Through its provisions, CEDAW has the obligation to ensure that its member countries achieve equality and equity. For reference purposes, Article 2 provides that “states are to agree to pursue by all appropriate means a policy to eliminating discrimination against women and to undertake to concrete steps to eliminate discriminatory laws, policies and practices in the national legal framework.”
Furthermore, Article 3 of the convention provides that “Member states are to take all appropriate measures to ensure the full development and advancement of women so as to guarantee them the enjoyment of human rights and fundamental freedoms on the basis of equality with men.” In addition, Article 5 of the convention further provides that “states are to take appropriate measures to eliminate stereotyping, prejudices and discriminatory cultural practices.” Equal educational opportunities are also another key aspect that the convection seeks to address. For instance Article 10 establishes that “States shall ensure that women have equal rights with men in education, including equal access to schools, vocational training, circular and educational sources.”
Lastly, Article 7 and 11 of the convention provides for states to ensure that women have equal rights and opportunities in the work force. Article 7 provides for women to be accorded equal opportunities to hold public office and to participate in civil society. Article 11 further emphasizes that states provide women with the same opportunities as men in employment, such as in promotion, training, equal remuneration, social security and safe working conditions.These provisions have been enshrined in domestic instruments such as the ‘Employment Code Act No.3 of 2019’ and the ‘Gender Equity and Equality Act No.22 of 2015.’
3.2.3 THE INTERNATIONAL LABOR ORGANISATIONS’ FUNDAMENTAL CONVENTIONS (ILO)
ILO Conventions concerning gender specific issues have a long history. The elimination of discrimination and the promotion of equality have been a core concern and objective of the ILO since its creation.The principle of equality and non-discrimination was further developed by the Discrimination (Employment and Occupation) convention of 1958 (No.111) accompanied by Recommendation No.111.This convention has been the first international instrument recognizing the right to non-discrimination at work and providing a definition of discrimination that has been a reference for the subsequent international human treaties and national legislation dealing with discrimination.It remains the main international instrument specifically tackling the right to equality and non-discrimination in the world of work.
The conventions cover a wide area of social and labor issues including basic human rights, minimum wages, industrial relations, employment policy, social dialogue, social security and other issues. The Convention provides for the elimination in respect of employment and occupation in an effort to establish gender equity and equality in employment. For instance Article 1 under the equal remuneration Convention provides for equal remuneration for men and women workers. This international instrument helps to safeguard the human rights of female journalists against discrimination in their media work places as Zambia has enshrined the provisions of the aforementioned international instrument in its domestic legislations such as the ‘Employment Code Act’ in respect to the promotion of gender equity and equality in employment.
3.2.4 THE PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES RIGHTS ON THE RIGHTS OF WOMEN IN AFRICA
This protocol is also referred to as the ‘Maputo Protocol.’ It is highly beneficial to female journalists as it is aimed at guaranteeing comprehensive rights surrounding women including spear heading the equal participation of women and social equality with men in order to improve autonomy in decision making. Zambia is among the member countries in the African Union that have ratified this protocol. Some of the main provisions relating to gender equality are provided for under Article 2 of the Protocol. Basically, Article 2 provides for the elimination of all forms of discrimination against women through appropriate legislative, institutional and various surrounding measures.
Furthermore, Article 18 of the protocol provides for the equal access of men and women in justice and protection before the law, which could be achieved through the establishment of adequate educational institutions and facilities structured to pay particular attention to women and to generally sensitize everyone on the rights of women.Thus, this policy is established to safeguard women’s rights through the foregoing to ensure that women are adequately promoted in attaining equality before the law. In addition, Article 9 of the protocol provides for the promotion of equal participation of women in the political and decision making process.It establishes that states ought to take positive action in promoting participative governance as well as equal participation of women in the political life through affirmative action, enabling national legislation and through other measures in achieving the same.
The protocol under Article 12 also provides for the importance of states in taking appropriate measures so as to ensure equal educational opportunities are provided for while also providing for protection from all forms of abuse as per Article 12(c) respectively.The aforementioned protocol is highly beneficial to female journalists as it imposes an obligation on the state to promote the participation of women in key decision making leadership positions which are mostly taken by men in the media sector.
3.2.5 SADC PROTOCOL ON GENDER AND DEVELOPMENT
The Southern African Development community established a protocol on promoting gender equality throughout its member states in 2008. Zambia has effected and ratified this protocol and has been enshrined in the ‘Gender Equity and Equality Act.’The protocol as enshrined under Article 3 seeks to provide for the empowerment of women, to eliminate discrimination and to achieve gender equity and equality through the development and implementation of gender responsive legislation, policies, programs and projects.
3.2.6 SUSTAINABLE DEVELOPMENT GOALS
‘Sustainable development goals’ (SDG’s) are goals that the United Nations General Assembly adopted on the 25th of September 2015 which has been ratified and is applicable in Zambia. Generally, these goals seek to achieve what the Millennium Development Goals did not achieve.Gender equality is highlighted as one of the goals to be achieved under the new agenda and this has been provided for under the 5th goal which provides for “the achievement of gender equality and to empower all women and girls.”These goals are highly beneficial to many young female journalists in various media training institutions who aspire to venture in to the media industry and to take up key decision making leadership positions in the media sector.
3.3.1THE CONSTITUTION OF ZAMBIA
The ‘constitution of Zambia’ is the supreme law of the land from which all other laws emanate as provided for under Article 1(3). The newly amended constitution recognizes the need to achieve gender equality hence its preamble which provides that “The people of Zambia do confirm the equal worth of women and men and their right to freely participate in, determine and build a sustainable political, legal, economic and social order.”Various articles confirm this position and the method through which the objectives can be achieved as can be seen under Article 231(2) of the constitution which provides for the establishment of the Gender Equity and Equality Commission whose functions are to “promote the attainment and mainstreaming of gender equality in Zambia.”
Furthermore, the functions of the Gender Equity and Equality Commission are provided for under Article 231(3) (a) (b) and (c) of the constitution “which are to monitor, investigate, research, educate, advice and report on issues concerning gender equality and to ensure that institutions comply with legal requirements and other standards relating to gender equality.”Necessary steps are also being taken to secure appropriate redress to complaints relating to gender discrimination and to perform other such functions as prescribed.
3.3.2 THE GENDER EQUITY AND EQUALITY ACT
The ‘Gender Equity and Equality Act’ is a recently enacted Act that was established to spearhead and provide guidelines for achievements of women’s equity and equality in Zambia.The provisions of this Act are specifically established to address the key components in promoting women’s representation in the social and cultural realm. For instance the preamble , provides that, the Act is established to “provide for the taking of measures and making of strategic decisions in all spheres of life in order to ensure gender equity , equality and integration of both sexes in society, promote gender equity and equality as a cross cutting issue in all spheres of life and stimulate productive resources and development opportunities for both sexes, prohibit harassment, victimization and harmful social, cultural and religious practices.”
The Act was further enacted to domesticate various international instruments that have a mandate to promote gender equity and equality, such include as per the Act, to “give effect to the Convention on the Elimination of all Forms of Discrimination against women, the protocol to the African Charter of Human and Peoples Rights on the Rights of Women in Africa and the SADC Protocol on Gender and Development.”In addition, the Act also has a mandate to create the Gender Equity and Equality Commission and provide for its functions and powers which have been established under part III of the Act.The Gender Equity and Equality Commission has the responsibility of ensuring in liaison with the Ministry of Gender that gender equality and equity is attained and mainstreamed in public and private affairs and structures.
Furthermore, the Gender Equity and Equality Commission has the responsibility of recommending , to appropriate authorities, any measures that need to be taken to ensure gender equity and equality takes its toll.The establishment of this Act signifies the role of government in seeking to achieve women’s equity and equality in Zambia, thereby promoting equal representation in all spheres of life.
3.3.3 THE EMPLOYMENT CODE ACT OF 2019
This Act is meant to regulate the employment of persons and prohibit discrimination at an undertaking which is our main area of focus among many other provisions of the said Act. In an effort to ensure the promotion of gender equity and equality, as discussed earlier, Zambia has incorporated some of the provisions of the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) in the Employment Code Act under Part 1 Section 5, which provides for non-discrimination at undertaking.
3.3.4 THE INDUSTRIAL AND LABOUR RELATIONS ACT
The ‘Industrial and Labor Relations Act’ provides for the formation of trade unions and employers’ representative organizations including matters related to dispute resolution in employment cases. The High Court of Zambia, under the Industrial Relations Division, is vested with original and exclusive jurisdiction to hear and determine any labor related matter. The Industrial Relations Court became a Division of the High Court of judicature for Zambia effective from the enactment of the ‘Constitution of Zambia (Amendment) Act No. 2 of 2016’ pursuant to the provisions of Article 133(2) of the Constitutional Court of Zambia Act Chapter 1 of the laws of Zambia. Article 133 provides as follows “There are established, as divisions of the High Court, the Industrial Relations Court, Commercial Court and Children’s Court. “In relation to the concept of gender discrimination, Section 108 of the ‘Industrial and Labor Relations Act’ provides for restriction on discrimination in employment.
3.3.5 THE NATIONAL GENDER POLICY OF 2014
The ‘National Gender policy’ is a policy that was established to ensure full attainment of gender equality in the development process by adequately redressing the existing gender imbalances.The policy also provides for equal opportunities for women and men to actively participate and contribute to their fullest ability and equitably benefit from national development.This position of the policy signifies the effort of the government in achieving equality throughout the country.
Furthermore, the policy examines situations in various sectors from a gender perspective in order to provide the appropriate guidance, strategies and interventions for its successful implementation.Some of these policies have been provided for under Section 5.1 (b) of the policy which establishes the measures under which the policy can be achieved countrywide which includes strengthening capacities and dissemination of information.This can be achieved by conducting awareness campaigns on legal instruments on the rights of women, girls, boys and men. With the high increase rate of gender based violence, the policy has also implemented objectives aimed at reducing the rate of gender based violence cases in the country as provided for under Section 5.10 of the policy. All this can be greatly achieved by operationalizing the Anti-GBV Act, advocating for the prevention of gender based violence through advocacy and sensitization programs on the media as well as developing mentorship programs for young women and men to respect and recognize women and children’s rights.
Lastly, the policy seeks to increase quality education and for all to attain skills development as well as strengthening capacities of women and men so as to take up leadership and decision making roles. The policy through its various objectives and measures signifies the Zambian governments’ efforts to ensure that equity and equality is achieved at all levels in society.
3.3.6 THE SEVENTH NATIONAL DEVELOPMENT PLAN 2017-2021
‘Seventh National Development Plan’ also referred to as 7NDP is Zambia’s development approach and brings out ambitious plans to make Zambia a prosperous middle income economy to subsequently produce a better livelihood for all Zambians.The government under the Ministry of National Development Planning seeks to achieve gender equality through this plan by enhancing capacity for gender mainstreaming and engender policies, plans, programs, projects, activities and budgets by coordinating and monitoring implementation of the ‘National Gender Policy.’
In addition where women’s empowerment is concerned, the government through this plan will engender the planning and budgeting processes for the purposes of equality especially in the key sectors driving national development.This is in an effort to ensure that there is an equitable distribution of national resources between women and men and to further reduce the income and poverty gap between men and women in Zambia respectively.In essence this development plan clearly highlights governments’ efforts in achieving equality through the five year plan and places inter alia, women and girls as a key area that needs to be addressed and developed.
To achieve the aforementioned through this plan, the Civil Society Organizations through the 7NDP offers ways through which this could be achieved. Such methods include undertaking sensitization campaigns focusing on the involvement of men and women in the promotion of gender equality and to ensure that adequate resources are allocated to sectors such as health, education and agriculture among others that have the multiplier effect and potential to improve the status of women, the youth and children in society.
3.4 INTERNATIONAL AND LOCAL ORGANISATIONS
3.4.1THE UNITED NATIONS DEVELOPMENT PROGRAM (UNDP)
The UNDP is an international organization under the United Nations which advocates for change and development in member countries and works internationally to help countries achieve the ‘Sustainable Development Goals’ (SDG’s) and for the purpose of this study in achieving gender equality of female journalists in the Zambian media work places. The UNDP recognizes that equal participation is essential in the consolidation of strong democracies.
Furthermore, it acknowledges that inclusive political processes are prerequisites for equitable and sustainable development and therefore, women need to be accorded equal access to political power as well as equal opportunities for their voices to be heard.Zambia is one of the countries that has ratified the provisions under the UNDP and thus seeks to achieve the aforementioned for the benefit of women and girls in the country.
3.4.2 THE MINISTRY OF GENDER
The Ministry of Gender is a ministry responsible for promoting gender related issues in Zambia and was recently established in the year 2012. It is responsible for protecting and promoting women’s rights, curbing gender based violence as well as reducing gender discrimination by making responsible progressive changes to legislation.It further aims at prioritizing women’s advancements and to strengthen their capacity in influencing decision making at the highest level with regard to matters relating to gender equality and equity.
The Ministry of Gender has the function of coordinating and monitoring the implementation of various legal policies and statutes such as the National Gender Policy, the Matrimonial Causes Act and the Anti-Gender Based Violence Act respectively.The monitoring of the implementation of these laws and policies by the Ministry of Gender is beneficial to female journalists as it helps in promoting and spearheading women’s equity and equality as these laws are ineffective without proper implementation and monitoring.
3.4.3 ZAMBIA NATIONAL WOMEN’S LOBBY GROUP
The Zambia National Women’s Lobby Group is another women’s organization that is concerned with protecting and promoting women’s rights.It has a mandate to bridge the gender gap in advocating for women’s increased participation and representation in Zambia.This organization was formed after independence and was established as a result of the unequal distribution of leadership positions and representation in the newly formed government.
The NWLG’s goals include the promotion of equal participation of women in the political decision making process, promoting a culture of gender equality and equity and respect for the human rights of women through changes in attitudes, language, procedure and laws, and having more women politicians through affirmative action.The National Women’s Lobby Group therefore implores all Zambians to support the cause for gender equity and equality on the ground.
4.0 CONCLUSION
This research has provided the legal framework that has been established with regard to the promotion of gender equity and equality in Zambia. In addition various local and international organizations which are established to help achieve gender equality have also been discussed in detail. This chapter has also introduced us to various inclusions in the newly amended constitution in an effort to achieve gender equity and equality. However, irrespective of having all these international and domestic forms of legislations, policies and organizations aforementioned present in Zambia which are meant to help achieve gender equity and equality, female journalist still face gender discrimination, inequalities and social injustices that continue to persist as a result of patriarchy being firmly entrenched in society.
ABOUT AUTHORS
CHOLA MUSONDA MUSATWE
LLB (UNZA), LLM (ZCAS UNIVERSITY), PGD (POSTGRADUATE DIPLOMA IN TEACHING METHODOLOGY) (NIPA)
Lecturer in Law and Business Studies
AND
COUNSEL COLLINS NKUMBWA, Esq.
CIP (NIPA), LLB (UNZA), LLM (UNZA), AHCZ, ASCZ, PhD Cand.
Lecturer of law and Commissioner of Oaths
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