New threats to WOMEN'S RIGHTS in Zimbabwe by Advocate Tinos Kucherera
It is inevitable that during this Women's month the issue of women's rights come to the fore. In Zimbabwe, some women have been victims of what has become known as "Revenge Pornography". Revenge Porn is basically the distribution of private sexual films, pictures or photos on the Internet without the consent of the other party or partner. Reported cases have always been against women hence this discussion as we commemorate Women's month.
The following is an example of a recent case which happened in Zimbabwe.
In August 2015, Vimbai was a victim of being filmed without consent during intimacy. Vimbai and her boyfriend were in a turbulent on and off relationship which was characterised by occasional fighting. One Saturday, after yet another break up, the boyfriend pretended to reconcile and during intimacy, he video recorded their intimacy without her consent. It happened that another woman who was involved with the boyfriend then reported him to the police for an unrelated matter. Vimbai agreed to testify against her boyfriend in this case at the Victims Friendly Court (VFC).In a pure blackmail bid to stop her from testifying, the ex-boyfriend showed her the video recording. In spite of all the efforts by Vimbai and the police, the video recordings have not been recovered. Vimbai will now be petitioning the Parliament of Zimbabwe to make such practices by vengeful lovers illegal.
With the advent of the Internet "Revenge porn" has become a major problem usually perpetrated by aggrieved male partners as a means of shaming their ex partners. It is therefore pertinent that clear legislation is promulgated to deal with the proliferation of such vengeful activities. In South Africa the FILMS AND PUBLICATIONS AMENDMENT BILL was introduced to Parliament last November as an endeavor to regulate online content distribution. In Zimbabwe the current Censorship and Entertainment Control Act, Criminal (Codification and Reform) Act and Posts and Telecommunications Act do criminalise the distribution of offensive material but does not effectively deal with "Revenge Porn". Section 15 of the COMPUTER CRIME AND CYBERCRIME BILL seeks to regulate pornographic related issues. The said Bill is currently receiving urgent attention because of the recent demonstrations and the Zimbabwean government seeks to throttle social media forums.
A Zimbabwean NGO, Katswe Sistahood has also previously made representations to the Parliament of Zimbabwe claiming to represent about 40 affected women.
As we celebrate Women's month we stand together with Vimbai in her quest to see that justice is done by enacting laws that specifically deal with the 'revenge Porn". The New Bill will be tested once it becomes law.
It is important to note that other countries including South Africa celebrate International Women's Day on the 8th of March, though for South Africa the 9th of August is peculiar to the role of Women during the struggle against apartheid.
It is beyond doubt that the distribution of private films and photographs by a partner without the consent of the other partner is a violation of one's rights. The Bill of Rights in the South African Constitution clearly stipulates the following Rights: Section 10 notes that everyone has inherent dignity and the right to have their dignity respected and protected. Section 14 says that everyone has a right to privacy. In the Zimbabwe's Constitution these are enshrined in Sections 51 and 57 respectively. Both countries are taking legal steps to ensure that "revenge porn" is criminalised.
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Advocate Tinos Kucherera is the current legal advisor for Freedom Justice Coalition Zimbabwe Party and personal advisor to the Interim President Nathan Banana. He writes in both his personal capacity and as a member of Freedom justice Coalition Zimbabwe Media and Publicity Team.
