GENDER-BASED VIOLENCE AND SEXUAL ABUSE IN ZAMBIA: HOW WE CAN SUPPORT VICTIMS?

Diggers News Article Published 25th March 2022 By Kabwe Kamina, Chapter One Foundation

The Anti Gender Based Violence Act No. 1 of 2011 (the Anti-GBV Act) defines sexual abuse as the engagement of a person in sexual contact with another, whether married or not, including sexual conduct that abuses, humiliates, or degrades the other person or otherwise violates another person’s sexual integrity. Under the Anti-GBV Act, child is defined as a person under the age of sixteen. In 2021, 20,540 cases of gender-based violence were reported in Zambia, including incidences of rape and sexual assault. However, of the reported cases, a total of 681 cases were known to have been taken to court with 97 convictions. Additionally, stories of victims of sexual abuse and violence continue to appear in the media begging the question, with all the laws, policies, and measures in place, where are we failing the victims?

Zambia boasts a robust multi-sectoral approach when dealing with sexual abuse and cases of violence. When an incident occurs, a victims first step is usually to report the incident to the police. Once a police report is issued, the next place the victim will go will be to the hospital to be examined and this is likely to be at a One-Stop Centre. According to the Women Connect website, One-Stop Centres provide a multitude of services including forensic interviews of survivors, full medical history, obtaining consent for examination, full physical examination, laboratory investigations, recording injuries, treatment and prophylaxis, trauma therapy, and ongoing psycho-social counselling, follow-up care, regular case review by the multi-disciplinary team, provision of medico-legal report and support for survivors appearing in court. Following the relevant medical procedures, in the cases that require it, a victim will be directed to a Ministry sanctioned safe house and will be advised to seek legal assistance either from the Legal Aid Board or the National Legal Aid Clinic for Women. In 2016, the GBV fast track courts were created to deal with violence cases specifically to avoid any delay in deliberating any cases. On paper, all measures have been passed to ensure that victims of abuse get the justice they deserve.

In 2017, a study done by the Young Women’s Christian Association, in conjunction with Avocats Sans Frontières, found that while legislation exists to prevent abuse and violence, one of the things that hinders the implementation of these measures is community perception. Patriarchal and misogynistic beliefs still permeate many communities and gender stereotypes govern the relationships of people within these communities. Within domestic romantic relationships, there is a common preference to sort out any incidences of violence through customary dispute resolution. Because the court is seen to carry out retributive justice, many families desire restorative justice and prefer to silently deal with the issue internally. The need to sensitize communities on the existing laws and regulations surrounding sexual abuse and violence cannot be overemphasized. In many cases, societal beliefs harm and silence victims and prolong dangerous situations.

An example of how communities can be a barrier to justice for victims of sexual abuse and violence can be seen in the recent case of a woman in Chipata who was raped while on-lookers watched, filmed, and even assisted her attacker. It is unfortunate that incidents such as this continue to happen. it has never been clearer that there needs to be increased advocacy surrounding the dynamics that create abusive situations and that are outright criminal. There is need for extensive campaigns around sexual abuse and domestic violence aimed at educating communities and protecting victims. The law cannot work when entire communities are neither aware of its existence nor the importance of the particular laws or policies in place to protect victims.

For a multi-sectoral approach to succeed, all communities need to be armed with the relevant information to ensure that victims are taken care of and protected. Dealing with the existing systemic issues would go a long way in tackling sexual abuse and violence within communities.

Sexual abuse and violence affect all members in the community - victims and families alike. Emphasis must be placed on educating and empowering citizens to act in accordance with law and procedure in order to protect victims and secure justice.

Chapter One Foundation is a civil society organization that promotes and protects human rights, constitutionalism, the rule of law and social justice in Zambia. Please follow us on Facebook under the page ‘Chapter One Foundation’ and on Twitter and Instagram @CofZambia. You may also email us at [email protected]