The Zambian governments rollout of free ART is commendable as is the establishment of a gender ministry in 2006. However, the government has not done nearly enough to prevent or respond to gender-based violence and inadequate protection of womens property rights, and the impact that these abuses have on womens ability to access and adhere to ART. Healthcare facilities providing ARTwhich are overburdened and under-staffedhave no systems in place to detect or address gender-based abuses such as domestic violence. The training that counselors receive does not cover gender-based abuses in a systematic manner, nor does the understanding of gender-based abuses factor into official counselor certification. There are no government protocols on how to address gender-based abuses, including domestic violence, within ART programs, and monitoring systems do not track the effects of such abuse. Our research found no arrangement or partnership between the government and nongovernmental service providers that could provide such services at healthcare facilities.
Similarly, the countrys legal framework fails to address these issues adequately. Zambia has no specific law that criminalizes gender-based violence. The penal code does not cover marital rape or psychological abuse. Prevalent customary laws discriminate against women in terms of property allocation upon divorce or the death of a spouse. The 1989 Intestate Succession Act regulates inheritance where the deceased did not leave a will, by providing for the surviving spouse in such cases, but it is ill-enforced.
This chapter examines the responseor lack thereofof the health system and the legal, justice, and policy frameworks in Zambia to the violations described in the previous chapter.
The Zambian government is responsible for devising health policies, delivering healthcare services, regulating private providers of healthcare services, and regulating healthcare workers, including HIV and ART adherence counselors.103 In 2005 the Zambian government launched the National HIV/AIDS/STI/TB Policy (hereafter National HIV Policy). The policy identifies [g]ender issues that perpetuate the dominance of male interests and lack of self assertiveness on the part of women in sexual relations as a major factor contributing to the spread of HIV. The policy also lists womens poor socioeconomic status and unequal distribution of household resources as determinants of the disproportionate effects of AIDS on women. The policy, however, does not mention gender-based violence and its effects on treatment.
In May 2006 the government launched the National HIV and AIDS Strategic Framework, which stated that AIDS was inter-linked with poverty, social and economic inequality between women and men, and dominant cultural beliefs, and acknowledged the disproportionate effect of AIDS on women.104 This framework, however, does not suggest ways to address gender-based abuses. The Fifth National Development Plan (2006-2010) (FNDP) further articulates the national policy response to HIV/AIDS. It has a specific chapter on gender and recognizes the role of gender-based violence in the spread of HIV/AIDS.105 The FNDP recommends strengthening the penal code with respect to gender-based violence and facilitating the enactment of a gender-based violence bill as strategies for the gender sector during the period (2006-2010).106
In 1999 the Committee on the Elimination of Discrimination against Women (CEDAW Committee) identified gender-based violence as a critical health issue for women, and called upon states parties to guarantee (a) The enactment and effective enforcement of laws and the formulation of policies, including health care protocols and hospital procedures to address violence against women and the provision of appropriate health services; (b) Gender-sensitive training to enable health care workers to detect and manage the health consequences of gender-based violence .111
In Zambia our investigation revealed that healthcare facilities providing ART have not adequately responded to gender-based abuses, including violence against women, in a way that would enhance womens access and adherence to ART. Although relevant policies generally highlight the importance of gender in addressing health needs in Zambia, they seldom address gender-based violence. Healthcare workers responsible for monitoring adherence to ART are not required to probe for gender-based violence or other abuses as potential hindrances to successful treatment, nor are they adequately trained to do so. Existing health protocols do not cover gender-based violence.
HIV adherence counselors, other health professionals, and policy-makers, however, told Human Rights Watch that they would welcome programs through which they could probe for and address gender-based violence in ART clinics, if adequately trained and equipped to do so. This should be part of an overall strategy to address gender-based violence and other abuses that affect Zambian women.
Chapter V discusses the extent to which violence against women and inadequate protection of property rights for women affect womens access and adherence to HIV treatment. Health facilities disseminating ART, including clinics, could play an important role in detecting and responding to these abuses, especially during adherence counseling sessions. In Zambia clinical follow up for all patients living with HIV/AIDS takes place at least every three months. Patients receiving ART typically present every month at clinics to collect their drugs.112 At these monthly visits they also generally attend adherence counseling sessions. These are one-on-one sessions where a trained counselor determines the capacity of a patient to take his or her prescribed ART, monitors adherence to ART, and helps patients develop ways to cope with their illness and with ART.
Human Rights Watchs interviews with women receiving ART and with healthcare staff, including adherence counselors, indicated that healthcare facilities providing and monitoring adherence to ART seldom address gender-based violence or other abuses. This is left to the discretion of individual healthcare workers,113 several of whom said they only discuss gender-based violence when women have visible signs of physical abuse.114 In such cases some counselors advise women to contact the VSU or the YWCA,115 or offer them couple counseling.116 Staff at the YWCA said that at times hospitals refer women who were injured as a result of domestic violenceand who were receiving treatment for these injuriesto YWCA.117
Counselors commonly monitor patients adherence by counting the pills remaining from the last visit and asking questions if the patient has missed ART doses. Most counselors complete a form, devised by the Centre for Infectious Disease Research in Zambia118 (see Appendix I), that assists counselors in discussing adherence-related issues with patients.119 It probes a wide range of reasons why a patient may not have taken their ART, including that the patient forgot, felt too ill, experienced side effects, ran out of medication, was uncomfortable taking the pills in front of others, was disorganized, or had problems swallowing. However, the form does not include questions about violence, including violence against women. Thus, some of the critical barriers to womens adherence to ART remain undetected and unaddressed by healthcare workers. This undermines these facilities ability to provide appropriate support to women who experience violence.120
Probing whether female patients have experienced or fear gender-based violence or other forms of abuse or discrimination including violations of their property rights, in adherence counseling sessions can help women overcome the dehumanizing effects of the abuses described earlier in this report, and would improve womens ability to cope with ART, HIV/AIDS, and violence.121 Human Rights Watch asked policy-makers, counselors, and other healthcare workers about the feasibility of detecting and responding to gender-based violence by healthcare staff in facilities providing ART. The majority of healthcare professionals and policy-makers interviewed said that, with proper support, it would generally be desirable and feasible to address gender-based violence in their work. Dr. Kamoto Mbewe, reproductive health specialist at the Ministry of Health in Zambia, supported the idea of integrating questions about gender-based violence because women may hide the abuses, so it is important that [health workers] help those [women].122 Elizabeth Serlemitsos, chief advisor at the Zambia National AIDS Council (NAC), said that it would be realistic to recommend that adherence counselors ask about domestic violence, but that in rural areas, where there are less community resources, this requires HIV counselors to have basic skills on how to counsel women about gender-based violence.123
The manager of planning and development at the Kafue District Health Management Team stated that it will help us a lot to have these interventions [to address gender-based violence].124 Theresa Chidothi, a nurse and counselor in Nangongwe clinic in Kafue, rural Lusaka, said that screening for and addressing gender-based violence was a welcome idea. We require skills to handle [survivors of gender-based violence].125 In terms of time limitations, Theresa Chidothi said, I think we can manage [in Kafue] because we have set aside a day to [see patients in need of ART].126
In Chongwe, Idah Mthetwa, an ART nurse and adherence counselor, said that it is a good idea to probe for and address gender-based violence, but stressed the need for more community-based services, to which counselors could refer women living with HIV/AIDS who are experiencing gender-based violence.127
Counselors in Lusaka expressed similar enthusiasm for handling gender-based violence in their clinics, provided that adequate training is secured and adequate space is provided for counseling.128 Monica Mwachande, senior nurse at Kalingalinga clinic, said that screening for and addressing gender-based violence could easily be fitted into adherence monitoring and counseling sessions.129 Some women will not reveal their experience of domestic violence right away, she said, but I will at least handle those women, advise them that there are people who can help, for example, the YWCA, the Human Rights Commission, and the VSU.130
Vital as it is, this enthusiasm for handling gender-based violence needs to be supported by several practical steps and should be part of an overall strategy to combat gender-based abuses. The practical steps include, but are not limited to, proper training at different levels of health facilities that covers gender-based violence, the availability of protocols that outline ways to address such violence, improving clinic infrastructure, and establishing clear referral channels with existing support organizations. This should be done in partnership with local and international stakeholders given that healthcare facilities in Zambia are already overburdened. The existence of guidelines and models of good practice devised by agencies such as the United States Agency for International Development (USAID), United Nations Population Fund (UNFPA), and the Pan American Health Organization (PAHO) on how to address gender-based violence in health settings can be helpful in guiding this response (see Appendix II).
Currently, HIV counselors in Zambia must complete eight weeks of training in psycho-social counseling as a prerequisite for certification.131 Some counselors take additional specialist training in eclectic counseling (diverse areas of counseling), pediatric counseling, adherence counseling, etc. These courses are usually paid for by the counselors themselves or by the institutions they work for.132
There are a variety of providers of training for counselors who use training guidelines developed by the Ministry of Health. Some of these providers cover gender relations in their training curricula, but to our knowledge, they seldom cover, systematically, ways to screen for and/or address gender-based violence. The training manager at Kara Counseling told Human Rights Watch that Kara has integrated gender into their courses.133 The head of the department of counseling studies at Chainama College (which trains counselors and trainers, including those delivering courses at Kara Counseling) also told Human Rights Watch that their curriculum included gender modules, covering the definition of gender, gender awareness, gender as a cross-cutting issue, how to counsel on gender-conflict, and violence.134
The Zambia Counseling Council, a quasi-governmental organization responsible for counselor certification and for monitoring the performance of adherence counselors, has the mandate to de-register counselors who engage in unethical behavior. The Council does not require gender training for counselor accreditation.135
The availability of ART has contributed substantially to the quality of life for people living with HIV/AIDS in Zambia, especially women. But there are a number of health system constraints that the government has not yet overcome, including a lack of confidential space for counseling; a shortage of human resources; a lack of response to womens inability to afford transportation costs to attend clinic appointments; and inadequate appointment systems, which lead to long waiting hours in clinics. These constraints hinder HIV treatment substantially, as they intersect with womens experiences of domestic violence and other kinds of abuse.
One of the main limitations in the health system in relation to ART rollout is the shortage of healthcare workers,136 especially medical doctors,137 in Zambia. Shortages of trained healthcare workers, according to the governments Gender in Development Division, reduce access to health services for the victims of violence.138
To address human resource limitations and facilitate treatment rollout, the government has trained clinical officers, nurses, and midwives, and accorded them the additional responsibility of providing HIV treatment and care, following standard care protocols.139 However, HIV counselors currently are not on the governments payroll and are also poorly paid: a counselor typically earns between Kw25,000 and Kw35,000 (between $6 and $9) per day.140 To increase the number of nurses and midwives, the government is opening a number of nursing schools and they have reduced the number of years required for midwifery training. The reproductive health specialist at the Ministry of Health told Human Rights Watch that in addition to these steps, the government has a human resources plan and has taken measures to increase the number of health professionals in rural areas.141
Sufficient clinics with space for counseling, at a reasonable distance from patients homes, are important factors in the delivery of quality HIV services. Unfortunately, many of the women and counselors interviewed for this report complained about long distances to clinics and the lack of adequate space for counseling. Women who were impoverished, often as a result of property grabbing or unequal distribution of marital property upon divorce, said that as a result of high transportation costs to far-away clinics, they miss clinic appointments.
Without sufficient private and confidential space for counseling, women may not be comfortable disclosing and discussing gender-based violence.142 Some clinics lack the space necessary to ensure privacy and confidentiality for HIV patients. For example, the Lusaka-based Kalingalinga and Kamwala clinics, run by the government with support from CIDRZ, where a counselor sees between 70 and 110 patients per day, have one adherence-counseling room each. Counselors must either wait for their colleagues to complete their adherence sessions before seeing their clients, or use the same room for more than one session simultaneously, thus compromising patient confidentiality, privacy, and the general quality of service. As one supervisor in an HIV clinic in Lusaka put it,
The number and location of clinics determine how easy they are to reach. Chapter V discusses the drastic effects that property grabbing and insecure property rights upon divorce have on womens ability to afford transport to far-away clinics. This is particularly problematic in rural areas. A woman who lives in Chongwe, rural Lusaka, said that she had to pay Kw20,000 (about $4.80) for transportation every time she visited the clinic and that the government should bring clinics nearer to people.145
Recognizing the transport challenge, clinics budget for emergencies that might prevent patients from renewing their prescriptions on time: two to three days worth of extra pills are provided with each dispensation of ART and clinics also allow pre-registered family members or buddies to collect the medicine on behalf of patients if needed.146 However, this is not always effective for women affected by gender-based violence who are hiding their status from their husbands and other family members. When asked about the steps taken to improve patients access to care, the district commissioner of Chongwe, a district that has 300 trained counselors,147 said that the government provided thirty bicycles and motorbikes for the districts 28 clinics, including clinics providing ART, so healthcare staff can reach patients who are unable to attend clinics due to distance or poor road networks.148
The director of Lusakas District Health Management Team also said that that the Zambian government has increased the number of clinics delivering ART-related services in Lusaka and a number of other provinces, and expanded some of the clinics to provide more space for ART services.149 As of October 2006 there were thirty-one sites in Lusaka supported by CIDRZ, one of the largest agencies supporting ART service delivery in Zambia.150
Most healthcare facilities that provide ART lack of appointment systems, which allow patients to make appointments in advance. This compounds the problems that women affected by gender-based abuses encounter in their daily lives and impacts their adherence to ART. The only clinic that has an appointment system that Human Rights watch identified in its research was the Kara Clinic. The director of the Lusaka DHMT said that introducing an appointment system in Zambia will be difficult given that patients might not be able to arrive on time.151
As discussed earlier in this report, the violence and other abuses that women experience in Zambia sometimes compel women to hide their HIV status from their husbands, partners, and other family members. In such circumstances women have to make up explanations for their trips to attend clinic appointments, such as telling their husbands that they are visiting relatives or attending a funeral. In the absence of an appointment system, women end up waiting long hours at clinics. A number of women testified that they experienced violence at the hands of their husbands for arriving home late from clinics and for failing to prepare the food on time. Then women must also wait at clinics without food. One woman who told Human Rights Watch that her husband beats her up for the slightest delay, even if she was buying vegetables in the market, said, The problem is when I go to the clinic to get ARVs. I go there six in the morning and come back at 20:00 hrs. They dont give you food, so when it is time I drink my medicine without food.152
Community-based support is an important element of a successful AIDS response, including in terms of receiving and responding to referrals from healthcare facilities addressing gender-based abuses. In Zambia, particularly in urban settings in Lusaka and the Copperbelt provinces, there is a wide range of womens organizations and other nongovernmental organizations and community-based organizations that provide services to women affected by gender-based abuses, including domestic violence and lack of enjoyment of property rights. Yet currently there are almost no formal referral paths between health facilities providing ART and these organizations. Counselors often refer patients on ART to support groups associated with the health facility or run by nongovernmental or faith-based organizations that address the needs of adults and children living with HIV/AIDS. But Human Rights Watch knows of no specialized support groups dealing with gender-based violence that are associated with healthcare facilities providing ART.
In terms of addressing the financial vulnerability of women living with HIV/AIDS, including food security, there are a number of international organizations, such as CARE International and Oxfam, that are implementing programs that provide income support and food security for people living with HIV/AIDS. Some of these organizations are linked to ART providers.153
Addressing the gender-specific problems that arise from health system policy and infrastructural problems discussed above may materialize through better representation of women and womens organizations in health and HIV policy and coordination bodies. The essential role of women in decision-making and as full partners in relation to the national and international fight against AIDS has become evident and increasingly recognized globally.154
NAC, the organization that coordinates Zambias national response to HIV/AIDS, works in partnership with a wide range of stakeholders, including civil society representatives. These stakeholders influence the HIV/AIDS response in Zambia through participation in thematic groups. While the NAC includes youth groups, faith-based groups, traditional healers, and other stakeholders in its thematic groups, there is no thematic group specific to women. NAC officials told Human Rights Watch that they were planning to contact the Non Governmental Organizations Coordinating Council for Gender and Development (NGOCC), a network of womens organizations in Zambia with over eighty member organizations, to form a womens specific thematic group.155 Developing a womens thematic group within the NAC would improve its ability to identify and address the needs of women living with HIV/AIDS or accessing treatment.
Despite several positive reforms, the legal framework and justice system in Zambia fall short in providing the necessary respect for and protection of womens rights, as required by Zambias human rights obligations.
Zambias constitution is currently undergoing a review process, which is likely to conclude in 2009. Although the existing constitution contains language that forbids discrimination on the basis of sex (article 23), this provision specifically excludes from its application key areas of personal and customary law.156 Given that customary law has traditionally been a source of discrimination against women in Zambia, this exclusion undercuts the ability of women married according to customary law to seek redress for violations of their rights.
The draft constitution, published for discussion in 2006, contains new language that would remedy this and other shortcomings in the current constitution. Articles 38-40 of the draft provide that every person is equal before the law and has the right not to be discriminated against on any ground, including on the ground of sex; that women and men have equal rights to property and inheritance; and that any law, culture, custom or tradition that undermines the dignity, welfare, interest or status of women or men is prohibited.157
Zambia has no specific legislation to address domestic violence, so women must resort to the general penal code provisions on assault occasioning bodily harm.158 Penalties vary depending on the gravity of injury and on whether the assailant used a weapon. Weak criminal provisions and the lack of other sufficient civil enforcement mechanisms mean that many women, particularly poor women, may be forced to choose between having their husbands arrested and incarcerated or keeping an abusive breadwinner in the family home. Officers in the VSU, officials at the Zambia Human Rights Commission, and staff members of Women in Law and Development in Africa (WiLDAF) and Women and Law in Southern Africa (WLSA) told Human Rights Watch that complainants often withdraw charges against abusive husbands who have been arrested and imprisoned.159 In their experience this is because women lack access to financial resources and depend on their spouses for food and shelter. It is also due to social pressure. Women have withdrawn charges against abusive partners even where they received free legal services, for example, through the Centre for Coordinated Response to Sexual and Gender-Based Violence known as the one-stop center where women survivors of domestic violence receive free legal support. According to the director of the center, 50 percent of the cases that the center addresses, especially in the area of domestic violence, are withdrawn.160
The Penal Code does not specifically criminalize marital rape. Chapter XV, Section 132, of the penal code defines a rapist as: "[a]ny person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or by means of threat or intimidation of any kind, or by fear of bodily harm, or by means of false representations as to the nature of the act, or, in the case of a married woman, by personating [sic] her husband .161
It has been suggested that one problem is that the definition of rape and the law do not foresee the possibility of unlawful carnal knowledge of ones wife.162 This would be consistent with the customary social understanding that the payment of lobola [dowry] creates an obligation on a woman to be sexually available when her husband so demands.163
A new proposed bill, the Sexual Offences and Gender Violence Bill (2006), which WiLDAF drafted in consultation with other nongovernmental organizations, addresses sexual offenses and violence against women and girls in and outside the home. It also introduces new provisions relating to domestic violence. The draft bill contains a definition of domestic violence which incorporates physical, sexual, and psychological violence.164 It introduces a system of remedies in the form of protection orders for victims of domestic violence and criminalizes marital rape.165 The bill also proposes the establishment of a specialized court for sexual offenses and gender violence, with trials and procedures that are less intrusive into the lives of survivors of sexual abuse.166 Human Rights Watch understands that the draft Sexual Offences and Gender Violence Bill was presented to Parliament in 2006 but was then withdrawn for further consultation.167
In its 2006 report on compliance with the Southern African Development Communitys Declaration on Gender and Development and its addendum on the prevention of violence against women and children, the Zambian government reported, On the issue of gender violence, Government has demonstrated its resolved commitment to reduce and/or eradicate gender based violence by amending the Penal Code which has domesticated in part the provisions of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) as they relate to violence against women Act no. 15 of 2005 has stiffened the penalties for perpetrators of sexual violence.168
Womens rights to acquire, administer, enjoy and inherit property, including upon divorce, are inadequately protected under Zambian law. The protections that do exist are poorly enforced. In terms of property rights upon divorce, the Matrimonial Causes Act, which is awaiting presidential approval as of October 2007169 and applies to marriages covered by article 3 of the Marriage Act,170 provides for property-related settlements in court upon divorce, instead of current practices where it is often assumed that the matrimonial property belongs to the husband. The Act is silent in relation to equal division of property upon divorce.
Since many people in Zambia prefer to marry according to customary law rather than according to the civil marriage statute, the protections of the Matrimonial Causes Act, once in force, will not apply to them.171 As mentioned earlier in this report, customary law generally discriminates against women in divorce. The Zambian government describes customary law as unwritten, patriarchal, and administered by non-professional justices who are predominantly male.172
Inheritance is another area where customary laws discriminate against women. Under the customary laws that most Zambian ethnic groups practice, couples do not own property jointly, and traditions in most ethnic groups stipulate that the deceased husbands family retains all inheritance rights. The World Banks report, Engendering Sustainable Growth in Zambia, states that compared to men, women [in Zambia] have much lower prospects of inheriting marital assets, land, or money even when the deceased party is their spouse. In matrilineal communities only persons related to the deceased through the deceaseds mother or more remote female ancestor are eligible to share in the estate. In patrilineal communities eligibility is limited to those related to the deceased through a common male ancestor.173
The Intestate Succession Act of 1989 was intended to make adequate financial and other provisions for the surviving spouse, children, dependents and other relatives of people who die without leaving a will.174 The Act allocates 20 percent of the property to the widower or widow, 50 percent to the children, 20 percent to parents of the deceased, and 10 percent to other dependents.175 Where local courts have jurisdiction, they often do not enforce the Intestate Succession Act. Instead, they use the Local Courts Act to distribute inheritance without reference to the percentages specified by the Intestate Succession Act, and often mandate low fines for property grabbing. Thus, in many cases, widows receive little inheritance.176
The Zambian government has responded to womens insecure property rights under customary law by initiating consultations with traditional chiefs on the need to change practices that discriminate against women in terms of access to land.177 Some womens organizations, such as Women for Change and WLSA, are also working closely with traditional leaders and chiefs in a number of provinces to bring change in the way they handle womens access to land and property.178 Moreover, government representatives and womens rights activists told Human Rights Watch of governments preliminary efforts to revise and codify customary law so that it is consistent with statutory law and does not discriminate against women.179
In 1994 the Zambian government established the Victim Support Unit of the police department (VSU) in response to gender-based abuses. The VSU has officers in police stations in Zambias nine provinces.
Although the existence of the VSU is an indication of political will to address gender-based abuses, there are serious problems that undermine its ability to carry out its functions effectively. Like other government institutions in Zambia, the unit lacks resources.180 The head of the Community Service Department of the Zambian police (of which the VSU is part) and Zambian activists181 told Human Rights Watch that the unit lacks paper and sexual crime forensic kits. The head of the Community Service Department told Human Rights Watch that the one vehicle that the VSU had was out of service. A nurse counselor in Kafue told Human Rights Watch that she tried to help women patients who had visible signs of physical violence to report their husbands to the VSU, but that VSU officers said they had no transport or were short staffed, and unable to help the women.182
The head of Community Services Department also said that staffing levels were inadequate compared to the responsibilities of the VSU. In Lusaka province, which has the highest number of VSU officers, there are 120 VSU officers based in 21 stations who are also deployed as foot officers in unplanned settlements.183 Given that the total population of Lusaka province is 1.39 million184 of which females constitute 685,551,185 this means that there is one VSU officer for every 5,713 women and girls in Lusaka province.
Due to high staff turnover,186 and the lack of a system of ensuring that officers are trained regularly,187 fewer than half of the VSU officers are properly trained to handle victims of violence.188 YWCA staff members also raised the problem of high staff turnover at the VSU. The YWCA held several training workshops on gender-based violence, only to have the officers who received the training move to other departments.189 According to the head of the Community Services Department, about 40 percent of the staff members are trained in psychosocial counseling. By February 2007 only six VSU officers had completed training on HIV and on dealing with survivors of sexual violence. With the exception of the Center for Coordinated Response to Sexual and Gender-Based Violence, the rooms allocated for VSUs are often not adequate to ensure privacy for victims and survivors of sexual violence.190
Although many of the women living with HIV/AIDS and activists in womens rights organizations we interviewed praised the attitudes of VSU personnel, there were concerns about the behavior of some individual VSU officers and of the police in general, which at times deter women from accessing VSU services. For example, in some cases, the police encouraged reconciliation rather than pursuing reports on domestic violence.191 A legal advisor at WilDAF told Human Rights Watch that officers at the VSU asked a 17-year-old girl whose father had raped her repeatedly since she was 11, In [your area] there are no boys of your age?
A number of women interviewed by Human Rights Watch reported cases of corruption among police officers. One woman said that she believes her former husband bribed VSU officers, and as a result, they stopped pursuing him to pay maintenance as per a courts decision.194 Another woman said that her bedridden sisters former partnerwho appropriated Kw4.5 million (US$1,084) from her inheritancebribed the VSU and as a result they delayed her sisters case.195
One of the major problems that women who experience gender-based abusesespecially property grabbing and unequal distribution of their marital property upon divorceis obtaining information on their legal rights and representation in court cases. The Zambian government established a legal aid department that provides free legal aid for those who cannot afford to cover legal costs. However, a number of those interviewed said that this department failed to have a meaningful impact due to its limited capacity and resources. Lawyers at nongovernmental organizations said that there were only four legal aid lawyers who cover Lusaka, Ndola, Kitwe and Livingstone districts. Denial of womens property rights is apparently not a priority, as the focus is often on crimes such as murder or aggravated robbery.196
WLSA reported that because of the lack of financial and human resources, the Legal Aid Department was a myth in the lives of many Zambians, particularly women.197 In its initial report on the implementation of the African Charter on Human and Peoples Rights, the Zambian government stated, Though the Legal Aid Department is set up for the benefit of the entire population, it is restricted in its operation by serious financial constraints, which limit its ability to reach out to a wider section of the population and that [v]ery few people are aware of the functions of the Legal Aid Department.198
As such, property rights violations and other abuses in the domestic sphere are often taken up by civil society organizations such as WLSA, WILDAF, the International Justice Mission, and the Womens Legal Aid Clinic of the Zambia Law Society.
Zambias government has not provided shelters for women and girls who are survivors of violence and other forms of abuse. The only two shelters in the country are run by the Young Womens Christian Association. YWCA staff told Human Rights Watch, We only have one shelter in Lusaka and it is constantly full, as it can only accommodate up to 13 women and their children. We are advocating with the government [for the establishment of] a social housing unit for women who need it.199 YWCA is in the process of establishing another shelter outside Lusaka. YWCAs shelter in Lusaka is supported through funds generated by YWCAs small businesses, and through funds from Scandinavian countries. The Ministry of Youth and Sports provides YWCA with monthly funding toward the organizations food support programs for children in crisis. The organization also receives small grants from the Gender and Development Division.200
One positive development is the establishment of the multi-agency Centre for Coordinated Response to Sexual and Gender-Based Violence, the one-stop center mentioned earlier, a partnership between the government (Zambias police and judiciary) and civil society organizations (YWCA, Zambia Society for Prevention of Child Abuse and Neglect, WLSA, and Care Zambia).201 The center provides integrated police, legal, counseling and health services to women. It works closely with the University Teaching Hospital, to which it refers victims of sexual abuse who need medical treatment. The center also receives general referrals from the University Teaching Hospital.
Zambia has a number of policies and governmental bodies that specifically address gender-based abuses. The National Gender Policy (2000) outlined concrete measures for the government to address gender-based violence. The government made a commitment to:
The Strategic Plan of Action for the National Gender Policy (2004-2008)lists as government priorities the establishment of mechanisms to coordinate efforts to address gender-based violence, to strengthen, enact and/or amend gender discriminatory laws and procedures, to facilitate reporting of all forms of gender violence, and to build the capacity of the law enforcement agencies to handle cases of violence. As discussed above, the Fifth National Development Plan also lists gender-based violence as a major problem.
Zambia has a Gender in Development Division (GIDD), which still operates under the Cabinet Office, although the president of Zambia has appointed a cabinet-level minister of gender and development in 2006.203 The GIDD is responsible for coordinating the implementation of the Gender Policy, and has a very limited capacity in terms of financial and human resources.204 The budget allocated to GIDD in 2007 was Kw3.43billion (about US$902,656) out of a total budget of Kw12.04trillion (about US$3.17billion).205 The Minister of Finance told Human Rights Watch that GIDD received relatively fewer resources because resources earmarked for gender-related projects are also allocated to other ministries such as the Ministry of Education, to cover girls education, for example.206 Still, the mere .04 percent of the total national budget allocated specifically for gender is unacceptably low.
In 2000 the Zambian government drafted the National Plan to End Gender-Based Violence, in line with the SADC Addendum on the Prevention and Eradication of Violence against Women and Children. The plan outlined legal, socioeconomic, cultural, and political factors, as well as education, awareness, and training as key areas for action. However, this plan remained in draft form until 2007,207 when GIDD revisited it. In August 2007 a number of nongovernmental organizations including YWCA, NGOCC, and the Zambia Media Womens Association submitted the Zambia 365 Day Action Plan to End Gender-Based Violence208 to the Gender and Development Division for government endorsement209 and incorporation in the National Plan to End Gender-Based Violence.210
NGOs in Zambia play an important role in filling gaps created by the shortfall in the governments response to gender-based abuses in the context of HIV/AIDS. In addition to the roles of organizations that provide diverse services for women affected by gender-based abuses discussed in this chapter, some organizations also build the skills of women living with HIV/AIDS so they can cope better with HIV/AIDS and generate income. Hope House, which is part of Kara Counseling, trains women living with HIV/AIDS on positive living and income generation. Participants in this program receive funds for transportation. Another program, the Circles of Hope, consists of more than 30 Lusaka-based support groups for people living with HIV/AIDS (particularly women and girls). Affiliated with the Council of Churches in Zambia, the Circles of Hope program provides peer support on coping with HIV, violence against women, and property grabbing. It also supports women to establish income-generating projects.211
A number of organizations are also delivering training and gender-sensitization to judges. These include Zambia Aids Law Research and Advocacy Network (ZARAN), WiLDAF, and WLSA, all of which either receive little or no government funding.
103 Human Rights Watch Interview with Dr. Bushimpa Tambatamba, director of Lusaka District Health Management Team, Lusaka, February 13, 2007, and Human Rights Watch phone interview with Dr. Bushimpa Tambatamba, August 1, 2007.
104 National HIV/AIDS/STI/TB Council, National HIV and AIDS Strategic Framework (2006-2010), 2006, p. 3.
105 Ministry of Finance and National Planning, Fifth National Development Plan, p. 314.
106 Ibid., p. 316.
107 In 1996 the World Health Assembly declared violence against women a major public health issue that needed to be tackled by governments and health institutions and organizations. Resolution WHA49.25, of the 49th World Health Assembly, Geneva, 1996.
108 WHO and UNAIDS, Ensuring Equitable Access to Antiretroviral Treatment for Women: WHO/UNAIDS Policy Statement, 2004, p. 1.
109 Ibid., p. 2.
110 According to the resolution, the UN Commission on Human Rights Emphasizes that violence against women and girls has an impact on their physical and mental health, including their reproductive and sexual health, and, in this regard, encourages States to ensure the availability towomen and girls of comprehensive and accessible health-care services and programs and to health‑care providers who are knowledgeable and trained to recognize signs of violence against women and girls and to meet the needs of patients who have been subjected to violence, in order to minimize the adverse physical and psychological consequences of violence. Office of the High Commissioner for Human Rights, Elimination of Violence Against Women, Resolution 2005/41, E/CN.4/2005/41, http://ap.ohchr.org/documents/E/CHR/resolutions/E-CN_4-RES-2005-41.doc (accessed September 14, 2007), para. 7.
111 UN Committee on the Elimination of Discrimination against Women, General Recommendation 24, Article 12: Women and Health, (Twentieth session, 1999), Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, UN Doc. HRI\GEN\1\Rev. 7, (2008), p. 278.
112 Jeffery S. A. Stringer et al., Rapid Scale-Up of Antiretroviral Therapy at Primary Care Sites in Zambia: Feasibility and Early Outcomes, Journal of the American Medical Association, 296(7), August 16, 2006, pp. 783-4.
113 Human Rights Watch Interview with Dr. Bushimpa Tambatamba, Lusaka, February 13, 2007 and Human Rights Watch phone interview with Dr. Bushimpa Tambatamba, August 1, 2007.
114 Human Rights Watch interviews with over 25 counselors in Lusaka and the Copperbelt provinces, January and February 2007.
115 Group interview with the director, programs manager, and shelter manager of the YWCA, Lusaka, February 1, 2007, Human Rights Watch Interview with Dr. Bushimpa Tambatamba, Lusaka, February 13, 2007 and Human Rights Watch phone interview with Dr. Bushimpa Tambatamba, August 1, 2007.
116 Human Rights Watch interviews with over 25 counselors in Lusaka and the Copperbelt provinces, January and February 2007.
117 Human Rights Watch interview with Yeta Mekazu, Lusaka, February 1, 2007.
118 The Centre for Infectious Disease Research in Zambia (CIDRZ) is a nongovernmental organization established in 1999 with support from the University of Alabama at Birmingham, USA. One of the PEPFAR partners in Zambia, it provides support to the Zambian Government in its HIV prevention and treatment programs.
119 CIDRZ uses the Continuity of Care Patient Tracking System (SmartCare), which is a software system that processes data collected via the adherence monitoring form and other clinical forms. Developed in collaboration with the US Centers for Disease Control and Prevention and the Zambian Ministry of Health, this system is used in health facilities to track patient visits (and missed visits) and to collect indicators for each patient. The Zambian government uses SmartCare, a national health management and monitoring system. Human Rights Watch interview with Dr. Iris Mwanza, Lusaka, February 5, 2007 and Human Rights Watch interview with Samba F. Muvuma, Chongwe District TB and HIV/AIDS Coordinator, Chongwe, February 9, 2007.
120 A. Guedes, Addressing Gender-Based Violence from the Reproductive Health/HIV Sector: A Literature Review and Analysis, USAID Bureau for Global Health, May 2004, http://www.prb.org/pdf04/AddressGendrBasedViolence.pdf, p.32, (accessed July 20, 2007).
121 For a full discussion of why health facilities should address gender-based violence, see S. Bott et al., Improving the Health Sector Response to Gender-based Violence: A Resource Manual for Health Care Professionals in Developing Countries. (New York: IPPF/Western Hemisphere Region, 2004) and A. Guedes, Addressing Gender-based Violence from the Reproductive/HIV Sector.
122 Human Rights Watch phone interview with Dr. Kamoto Mbewe, reproductive health specialist at the Ministry of Health, September 28, 2007.
123 Human Rights Watch interview with Elizabeth Serlemitsos, chief advisor, NAC, February 1, 2007.
124 Human Rights Watch interview with Mustawe Dennis, manager of planning and development, Kafue District Health Management Team, Kafue, February 7, 2007.
125 Human Rights Watch interview with Theresa Chidothi, nurse and counselor, Kafue, February 7, 2007.
127 Human Rights Watch interview with Idah Mthetwa, ART nurse and adherence counselor, Chongwe, February 9, 2007.
128 Human Rights Watch interview with Idah Mwandwe, ART in charge, counselor, nurse, and midwife at Kalingalinga Clinic. Lusaka, February 8, 2007.
129 Human Rights Watch interview with Monica Mwachande, senior nurse at Kalingalinga Clinic, Lusaka, February 8, 2007.
131 Human Rights Watch Interview with Dr. Bushimpa Tambatamba, Lusaka, February 13, 2007, and Human Rights Watch phone interview with Dr. Bushimpa Tambatamba, August 1, 2007, and Mustawe Dennis, Kafue, February 7, 2007.
132 Human Rights Watch Interview with Dr. Bushimpa Tambatamba, Lusaka, February 13, 2007, and Human Rights Watch phone interview with Dr. Bushimpa Tambatamba, August 1, 2007.
133 Human Rights Watch interview with Francis Mangani, manager, Kara Counseling Training Center, Lusaka, February 5, 2007.
134 Human Rights Watch phone interview with Chilimba S. Hamahwa, head of department of counseling studies, Chainama College of Health Sciences, Lusaka, April 26, 2007. Kara Counseling is the Regional AIDS Training Networks (RATN) member institution (focal point) in Zambia. Based in Nairobi, Kenya, the RATN develops training materials that are used by member organizations. According to the RATN training programs manager, Kara Counseling uses a counseling curriculum that was developed and reviewed jointly by RATN member organizations and experts from the region. RATN also has a Programs Committee of the Board that reviews programs quarterly. In terms of gender training, the training programs manager at RATN stated that, Gender, ART, Stigma and Discrimination (GASD) are priorities in the RATN collaborative courses. We have developed a toolkit on GASD which the member institutions (including Kara) use to mainstream those components. Human Rights Watch email correspondence with Anastasia Ndiritu, training programs manager for RATN Secretariat, Nairobi, August 16, 2007.
135 Ibid., and Human Rights Watch Interview with Dr. Bushimpa Tambatamba, Lusaka, February 13, 2007 and Human Rights Watch phone interview with Dr. Bushimpa Tambatamba, August 1, 2007.
136 Human Rights Watch interview with Elizabeth Serlemitsos, Lusaka, February 1, 2007, Samba F. Muvuma, Chongwe, February 9, 2007, and Ellis Beneder, medical doctor, Kara Clinic, Lusaka, February 13, 2007.
137 Jeffery S. A. Stringer et al., Rapid Scale-Up of Antiretroviral Therapy at Primary Care Sites in Zambia: Feasibility and Early Outcomes, p. 791.
138 GIDD, Zambias Country Report on Progress Made on the Implementation of the Southern African Declaration on Gender and Development.
139 Jeffery S. A. Stringer et al., Rapid Scale-Up of Antiretroviral Therapy at Primary Care Sites in Zambia: Feasibility and Early Outcomes, p. 791, Human Rights Watch interview with Dr. Bushimpa Tambatamba, Lusaka, February 13, 2007, and Human Rights Watch phone interview with Dr. Bushimpa Tambatamba, August 1, 2007.
140 Human Rights Watch interview with Margaret Mweetwa, enrolled midwife, Kamwala Clinic, Lusaka, February 16, 2007 and with over 25 counselors.
141 Human Rights Watch phone interview with Dr. Kamoto Mbewe, Lusaka, September 28, 2007.
142 Human Rights Watch interview with Pamela Namakando, acting director of counseling, ART Department, Kamwala Clinic, Lusaka, February 16, 2007.
143 Human Rights Watch interview with a supervisor at a clinic in Lusaka, [name withheld], Lusaka, February 2007.
144 Human Rights Watch interview with an HIV counselor, [name withheld], Lusaka, February 2007.
145 Human Rights Watch interview with Harriet F., Chongwe, February 9, 2007, and Julia N. Chongwe, February 9, 2007.
146 Jeffery S. A. Stringer et al., Rapid Scale-Up of Antiretroviral Therapy at Primary Care Sites in Zambia: Feasibility and Early Outcomes, p. 784.
147 Human Rights Watch interview with Samba F. Muvuma, Chongwe District Health TB and HIV/AIDS coordinator, Chongwe, February 9, 2007.
148 Human Rights Watch interview with Conrad Tembo, Chongwe district commissioner, Chongwe, February 9, 2007.
149 Human Rights Watch Interview with Dr. Bushimpa Tambatamba, Lusaka, February 13, 2007, and Human Rights Watch phone interview with Dr. Bushimpa Tambatamba, August 1, 2007.
150 CIDRZ, CIDRZ-Supported Enrollment into National HIV Care and Treatment Program, by Site, Through October 2006, http://www.cidrz.org/hivaids/ (accessed August 13, 2007). In 2006 the Zambian government built a double-story, 1,680 square-meter HIV care and treatment center at the University Teaching Hospital, in collaboration with CIDRZ and the Centers for Disease Control and prevention, using PEPFAR resources. That year about $1.5 million was spent to expand and renovate several government health facilities, including clinics at the UTH in Lusaka, Lewinika General Hospital and Mulambwa clinic in Mongu. In Lusaka nine facilities providing ART were renovated by 2006, including Kamwala and Kalingalinga clinics. Seven new HIV treatment clinics were also constructed. Three clinics were also established in Kafue. CIDRZ, Infrastructure Development, Http://www.cidrz.org/InfrastructureDevelopment (accessed August 13, 2007).
151 Human Rights Watch Interview with Dr. Bushimpa Tambatamba, Lusaka, February 13, 2007, and Human Rights Watch phone interview with Dr. Bushimpa Tambatamba, August 1, 2007.
152 Human Rights Watch interview with Sheila Y., Lusaka, February 3, 2007.
153 National HIV/AIDS/STI/TB Council, National HIV and AIDS Strategic Framework (2006-2010), May 2006, p. 34.
154 Womens leadership in the response to HIV/AIDS was one of the main themes of the International Womens Summit on HIV/AIDS, which took place in Nairobi in July 2007. See for example UN Deputy Secretary-General Asha-Rose Migiros speech to the International Womens Summit, Nairobi, July 5, 2007, Deputy Secretary-General, DSG/SM/328, WOM/1634, http://www.un.org/News/Press/docs/2007/dsgsm328.doc.htm (accessed December 3, 2007).
155 Human Rights Watch interview with Confucius Mweene, civil society specialist, NAC, February 22, 2007.
156 Article 23 of the Zambian Constitution reads as follows: 23 (1) Subject to clauses (4), (5) and (7), a law shall not make any provision that is discriminatory either of itself or in its effect. (2) Subject to clauses (6), (7) and (8), a person shall not be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority. (3) In this article the expression discriminatory means affording different treatment to different persons attributable, wholly or mainly to their respective descriptions by race, tribe, sex, place of origin, marital status, political opinions, color or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not accorded privileges or advantages which are not accorded to persons of another such description. (4) Clause (1) shall not apply to any law so far as that law makes provision---- (c ) with respect to adoption, marriage, divorce, burial, devolution of property on or other matters of personal law;
(d) for application in the case of members of a particular race or tribe, of customary law with respect to any matter to the exclusion of any law with respect to that matter which is applicable in the case of other persons . Constitution of the Republic of Zambia, as amended by Act no. 18 of 1996, art.23.
157 The Constitution of Zambia Bill, National Assembly of Zambia, January 12, 2006, http://www.parliament.gov.zm (accessed March 12, 2007).
158 Zambia Penal Code, vol. 7, chap. 87 of the Laws of Zambia, revised 1995, chapter XXIV, sec. 248.
159 Although no systematic research took place to determine the percentage of women withdrawing complaints, the director of the one-stop center stated that about 50 percent of domestic violence cases are withdrawn.
160 Human Rights Watch interview with Nelson Mwape, director, Centre for Coordinated Response to Sexual and Gender-Based Violence, Lusaka, February 17, 2007.
161Zambia Penal Code, chap. XV, sec. 132.
162 See for example World Organization Against Torture, Human Rights Violations in Zambia: II: Womens Rights, Shadow Report Presented to the United Nations Human Rights Committee, July 2007, http://www.ohchr.org/english/bodies/hrc/docs/ngos/omct_zambia1.pdf (accessed August 30, 2007), p. 11.
164 Draft Sexual Offences and Gender Violence Bill (2006), part I, art. 3(a).
165 Ibid., part V, arts. 40-60.
166 Human Rights Watch is concerned by some provisions of the Bill that it believes should be amended before it becomes law. One such provision is for aggravated sentences for rapists who are carriers of sexually transmitted diseases as this perpetuates stigma. Moreover, intentional (willful) transmission of HIV can already be addressed through existing criminal statutes. The International Guidelines on HIV/AIDS and Human Rights, in its guideline number 4, specifically advises that criminal and public health legislation "should not include specific offences against the deliberate and intentional transmission of HIV but rather should apply general criminal offences to these exceptional cases. Such application should ensure that the elements of foreseeability, intent, causality and consent are clearly and legally established to support a guilty verdict and/or harsher penalties. Office Of The United Nations High Commissioner For Human Rights, International Guidelines on HIV/AIDS and Human Rights, (2006 consolidated version) HR/PUB/06/9, B(guideline 4a). The bill also provides for mandatory HIV testing for perpetrators and victims of sexual crimes, which violates international human rights law and provides no public health benefit.
167 Human Rights Watch interview with Engwase Mwale, executive director of Non Governmental Organizations Coordinating Council, Lusaka, February 13, 2007. This was confirmed by the then Deputy Minister of Justice who told Human Rights Watch, the Cabinet has previously resolved that there is a need to have specific legislation on [gender-based violence]. However, I am not satisfied that all bodies have been consulted. The Director of Public Prosecutions [was not consulted]. As a department, we have taken it on board We need to ensure that that the parliamentary drafting process [of the bill] is completed. Human Rights Watch interview with Bradford Machila, MP, former deputy minister of justice, Lusaka, February 5, 2007.
168 GIDD, Zambias Country Report on Progress Made on the Implementation of the Southern African Declaration on Gender and Development. The amendment raised the sentence for sexual offenders to a minimum of fifteen years in jail. Civil society organizations, particularly womens groups, advocated widely for this change, which applies mainly to children and to cases of sexual harassment at work. Human Rights Watch interview with Engwase Mwale, Lusaka, February 13, 2007.
169 Matrimonial Causes Act, Zambia National Assembly, 2007. The above analysis is based on the most recent draft of the bill. The Zambia National Assembly informed Human Rights Watch that the [Matrimonial Causes] Bill went through with a lot of amendments. As soon as these amendments have been effected and the Bill assented by His Excellency the President and published into an Act, it will be made available on our website, Human Rights Watch email communication with Christine M. Zulu, personal assistant to the clerk, Zambias National Assembly, August 20, 2007. One of the negative provisions in the bill is that it lists infection with a sexually transmitted disease as a ground for presenting a petition for divorce, which can contribute to fostering stigma and discrimination in Zambian communities: A petition for divorce may be presented to the Court by either party to a marriage on the ground that: . (c ) The respondent is infected with a sexually transmitted disease which is in a communicable form, whether such disease is curable or not.
170 Marriage Act, Chapter 50 of the Laws of Zambia.
171 WLSA,The Changing Family in Zambia. Based on its research on the family and on the administration of justice in Zambia, WLSA takes the position that the traditional customary law system is more accessible to most people, mainly because it is directly relevant [to their daily lives], but also to a large extent because it requires less resources to reach it. WLSA, Justice in Zambia: Myth or Reality? p. 1.
172 GIDD, Zambias Country Report on Progress Made on the Implementation of the Southern African Declaration on Gender and Development. The Zambian Judiciary consists of the Supreme Court, the High Court, the Industrial relations Court, the Magistrates (Subordinate) Courts, and the Local Courts that are administered by chiefs. Womens representation in the judiciary varies between the traditional customary system on one hand, and the statutory system on the other. In the Supreme and High Courts, in 2006 there were 43 judges, out of whom 13 were women. In the Magistrate Court there are 119 magistrates out of whom 27 are women. However, out of a total number of 808 local court justices, only 90 were women in 2006.
173 World Bank, Engendering Sustainable Growth in Zambia: A Gender Strategy for Promoting Economic Effectiveness, (Washington DC: World Bank, 1994).
174 Intestate Succession Act of 1989, art. 5.
175 In polygamous families, widow(s) of a deceased man share 20 percent of the property proportional to the duration of their respective marriages to the deceased, and factors such as the widows contribution to the deceaseds property may be taken into account when justice so requires. Intestate SuccessionAct, art. 5(1).
176 United Nations, Common Country Assessment: Zambia 2000, p. 16.
177 Human Rights Watch interview with First Lady of Zambia, Mrs. Maureen Mwanawasa, Lusaka, February 5, 2007 and Christine Kalamwina, director of Social, Legal, and Governance Affairs, GIDD, Lusaka, February 14, 2007.
178 Human Rights Watch group interview with staff at Women for Change, Lusaka, February 2, 2007, and Matrine Chuulu, WLSA regional coordinator, Lusaka, January 28, 2007.
179 Human Rights Watch interview with Bradford Machila, deputy minister of justice, Lusaka, February 5, 2007, Christine Kalamwina, director of Social, Legal, and Governance Affairs, GIDD, Lusaka, February 14, 2007, and Engwase Mwale, executive director, Nongovernmental Organizations Coordinating Council, Lusaka, February 13, 2007.
180 When it was established, the unit used to receive direct funding from Danida, Finnish Aid, and UNICEF. Currently it is funded indirectly through the Ministry of Home Affairs. Human Rights Watch interview with senior officer at the VSU, [name withheld], Lusaka, February 2007.
181 Human Rights Watch interview with Tresphord Kasale, head of the Community Service Department, Lusaka, February 22, 2007, and Suzanne Matale, gender and justice desk officer, Zambia Council of Churches, Lusaka, January 31, 2007.
182 Human Rights Watch interview with Theresa Chidothi, nurse and counselor, Kafue, February 7, 2007.
183 Human Rights Watch interview with Tresphord Kasale, head of the Community Service Department, Lusaka, February 22, 2007.
184 Central Statistics Office, Census of Population and Housing, (Lusaka: CSO, 2003).
186 Several individuals interviewed for this report told Human Rights Watch that police officers sometimes feel demoted if stationed at a VSU and as a result they demand to be transferred to other units. Human Rights Watch group interview with YWCA staff, Lusaka, February 1, 2007, and Tresphord Kasale, Lusaka, February 22, 2007.
187 Human Rights Watch interview with Katembu Kaumba, Director of YWCA (group interview with staff members of YWCA), Lusaka, February 1, 2007.
188 Interview with Phiri Paul Charles, VSU officer at Kabwata Police station and at the one-stop center, Lusaka, February 2007.
189Human Rights Watch interview with Katembu Kaumba, Lusaka, February 1, 2007.
190Human Rights Watch interview with Greg Marcus, second secretary, Embassy of the United States in Zambia, Lusaka, February 14, 2007.
191WLSA, Justice in Zambia: Myth or Reality? Women and the Administration of Justice, p.130.
194 Human Rights Watch interview with Mercy Z., Lusaka, February 21, 2007.
195 Human Rights Watch interview with Julie P. on behalf of her sister, Lusaka, February 8, 2007.
196 Human Rights Watch interview with Rumbidzai Mutasa, legal officer at the Womens Legal Aid Clinic, Lusaka, February 23, 2007.
197 WLSA, Preface in Justice in Zambia: Myth or Reality?
198 Government of Zambia, Zambias Initial State Report on the Implementation of the African Charter on Human and Peoples [sic.] Rights, May, 2007.
199 Human Rights Watch group interview with YWCAs director, programs manager, and shelter manager, Lusaka, February 1, 2007.
200 Human Rights Watch interview with Katembu Kaumba, director of YWCA, Nairobi, July 8, 2007.
201 Human Rights Watch meeting with 16 representatives of NGOs, HIV support groups, NAC, and the police, Lusaka, February 23, 2007.
202 Republic of Zambia, National Gender Policy (Lusaka: Gender in Development Division, 2000), pp. 65-66.
203 After independence, womens issues were coordinated by the womens unit in the then ruling party. In 1985, a womens unit was introduced at the National Commission for Development Planning. This unit was upgraded in 1990 to the Women in Development Department, and mandated with coordinating, monitoring and evaluating national gender related policies. In 1996, the WIDD was elevated to the Gender in Development Division at Cabinet Office. WiLDAF, Elimination of Discrimination Against Women in Zambia, p. 15.
204 Human Rights Watch interview with Christine Kalamwina, senior officer at the Social, Legal, and Governance Division, GIDD, Lusaka, February 14, 2007.
205 Human Rights Watch interview with Josephine Mwenda, principal economist, Ministry of Finance and National Planning, Lusaka, February 21, 2007.
206 Human Rights Watch interview with Ngandu P. Magande, minister of finance, Lusaka, February 16, 2007.
207 Zambia 365 Day Action Plan to End Gender-Based Violence Draft Submission to GIDD, Zamcom Lodge, Lusaka, August 2007, http://www.genderlinks.org.za/attachment_view.php?ia_id=187 (accessed August 20, 2007), p. 2.
208 Ibid., p.2.
209 Human Rights Watch email correspondence with Samuel Mutale, specialist, Information Management, GIDD, August 21, 2007.
210 Zambia 365 Day Action Plan to End Gender-Based Violence, p.5.
211 Human Rights Watch interview with Joy Lubinga, HIV desk officer, Council of Churches in Zambia and coordinator, Circles of Hope Support Groups, Lusaka, January 30, 2007.