By Catherine Sasman
WINDHOEK
Despite impressive progress in the legal systems in the SADC region, the situation for women and girls remains dire.
At least one in every five women is beaten, coerced into sex, killed or abused in some way or other, usually by an intimate partner or family member in the region.
Throughout the region, femicide is on the increase. Different forms of violence are emerging such as intimate femicide, human trafficking coupled with different types of abuse, be it sexual or physical.
All member states, commented Head of the Gender Unit of the SADC Secretariat, Magdeline Mathiba-Madibela, have indicated a continued escalation of cases of violence against women and children.
A consistent pattern emerged of events that trigger violent responses. These were listed as a wife not obeying her husband or talking back, refusing to have sex, not having food ready on time, or failing to care for the children or home. Often violence erupts when a woman questions the man about money or girlfriends, or going somewhere without the man’s permission.
A lot of cultural practices further condone or tolerate gender-based violence. Justification for violence stems from gender norms, or distorted views about the roles and responsibilities of men and women in relationships.
Research has shown that acts of violence occur within the confines of homes, with most perpetrators being family members and friends.
Yet, physical violence and battering in homes still fall under the laws relating to common assault in many countries in the region, while making law enforcement officers consider physical violence against women by spouses or partners as a family and private affair for the affected family to deal with, criticized Mathiba-Madibela. In September 1997, the SADC Heads of State signed a declaration on gender and development. This was followed by an addendum on the prevention and eradication of violence against women and children, signed the following year.
Through the addendum, all Heads of State declared all forms of violence against women and children as crimes.
In 2006, the SADC draft protocol on gender and development was adopted, which is expected to address challenges faced in ending gender-based violence by setting measurable targets to be undertaken before 2020. The draft protocol proposes that all SADC states have legislation on gender-based violence, domestic violence and sexual offences by 2008, and that these be enacted and enforced by 2010.
It further proposes that perpetrators of domestic violence, marital rape, femicide, and other forms of gender violence be brought to justice by a court of competent jurisdiction. Moreover, it recommends that all member states have specific legislation on human trafficking by 2010, to sensitize all functionaries in the criminal justice system, and to eradicate traditional norms and religious beliefs and practices that perpetuate violence against women and children.
“SADC considers violence against women and girls as one of the greatest forms of discrimination and a major social and human rights violation,” noted Mathiba-Madibela.
Namibia has initiated law and criminal justice reforms and improvements to police training aimed at increasing women’s access to effective remedies in cases of rape, sexual abuse and domestic violence.
Two Acts were passed in 1999 – the Combating of Rape Act and the Domestic Violence and Child Maintenance Act. The Domestic Violence Act was put in place in 2003.
In addition, the Namibian Government has made constitutional provisions that make international and regional instruments, once ratified, automatically applicable under domestic law.
But, commented Mathiba-Madibela, the region needs to come up with strategies to bridge the gap between law in theory and practice to adequately address gender-based violence.
Gender adviser with the Commonwealth Secretariat, Dr Meena Shivdas, echoed this sentiment.
“It is critical to promote active dialogue and engagement among the judiciary, religious, cultural and traditional institutions and communities to address gender-based violence and the violations of women’s human rights,” said Shivdas.