GENDER EQUITY AND EQUALITY ACT

to establish the Gender Equity and Equality Commission and provide for its functions and powers; 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, victimisation and harmful social, cultural and religious practices; provide for public awareness and training on issues of gender equity and equality; provide for the elimination of all forms of discrimination against women, empower women and achieve gender equity and equality by giving effect to the Convention on the Elimination of all Forms of Discrimination against Women, the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa and the SADC Protocol on Gender and Development; and provide for matters connected with, or incidental to, the foregoing.

[29th July, 2016]

Act 22 of 2015,

SI 58 of 2016.

PART I
PRELIMINARY

1. Short title

This Act may be cited as the Gender Equity and Equality Act.

2. Interpretation

In this Act, unless the context otherwise requires—

“adverse” means acting contrary, deciding unfavourably or being antagonistic to anything provided for in this Act or taking action which is harmful or not in the interest or welfare of women;

“affirmative action” means a policy, programme or measure that seeks to redress past discrimination to ensure equal opportunity and positive outcome in all spheres of life for women;

“African Protocol” means the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa adopted by the African Union in Maputo on the 11th July, 2003;

“appointed date” means the date the Minister appoints in accordance with section 1;

“authorisation” means a licence, permit, certificate, registration, enrolment, qualification or other permission issued by a qualifying body;

“authorised officer” means an employee of the Commission who is permitted by the Director to take action, decide or work on a particular matter;

“Board” means the Board constituted in accordance with section 10;

“boy” means a male person who is below the age of 18 years;

“child” means a person who is below the age of 18;

“Commission” means the Gender Equity and Equality Commission established in accordance with section 6;

“complainant” means a person who alleges that the Constitution or this Act has been contravened and who institutes proceedings in accordance with this Act;

“Convention” means the United Nations Convention on the Elimination of all Forms of Discrimination against Women, which entered into force on the 3rd September, 1981 and was ratified by Zambia on the 21st June, 1985;

“Director” means the person appointed chief executive officer of the Commission in accordance with section 13;

“discrimination” means a distinction, exclusion or restriction made on the basis of sex or any other ground which has the effect or purpose of impairing or nullifying the dignity of a person or the recognition, enjoyment or exercise by a person of that person’s rights and freedoms as specified in the Constitution or any other law;

“educational institution” means a school, college, institute, university or other institution at which education, learning or training is provided;

“employee” has the meaning assigned to it in the Employment Act;

“employment” includes employment with a public body, part-time employment, temporary employment and employment under a contract, commission or apprenticeship;

“employer” means a person, firm, corporation, company, public authority or body of persons who or which has entered into a contract of service to engage a person, and includes an agent, representative, foreman or manager who is placed in authority over the person engaged;

“empower” means to gain access to opportunities and develop a person’s capacities so as to shape that person’s life or that of the person’s community, in all spheres of life, and “empowerment” shall be construed accordingly;

“equal remuneration” means the payment of rates, salary or other earnings without discrimination;

“equality” includes the full and equal enjoyment, by both sexes, of rights, opportunities, responsibilities and freedoms, and where both sexes are equally treated, in accordance with the Constitution and this Act;

“equity” means the just and fair distribution of benefits, rewards and opportunities between both sexes;

“girl” means a female person who is below the age of 18 years;

“gender” means the roles, duties and responsibilities which are culturally or socially ascribed to women, men, girls and boys;

“gender equality” means the state of being equal in terms of enjoyment of rights, treatment, quantity or value, access to opportunities and outcomes by, and in relation to, both sexes;

“gender mainstreaming” means the process of identifying gender gaps and making the concerns and experiences of both sexes integral to the design, implementation, monitoring and evaluation of policies and programmes in all spheres of life so that both gender benefit equally;

“gender sensitive” means acknowledging and taking into account the specific gender needs at all levels of planning, implementation, monitoring and evaluation;

“gender stereotypes” means the beliefs held about characteristics, traits and activity domains that are deemed appropriate for women, men, the girl child and boy child based on their conventional roles, domestically and socially;

“harassment” means engaging in conduct that induces in a person the fear of imminent harm or feelings of annoyance and aggravation, and includes—

(a) sexual harassment;

(b) psychosocial harassment;

(i) following, pursuing or accosting the person;

(ii) watching, loitering outside or near a building where the person resides, works, carries on business, studies or happens to be;

(iii) repeatedly making phone calls or using a third party to make phone calls to the person, whether or not conversation ensues;

(iv) repeatedly sending, delivering or causing the delivery of unsolicited, offensive or abusive letters, telegrams, packages, facsimiles, electronic mail, objects or messages to the person; or

(v) engaging in other menacing, annoying or aggravating behaviour;

“harmful practice” means a social, cultural or religious practice which—

(a) undermines the dignity, health or liberty of a person; or

(b) results in physical, sexual, emotional or psychological harm to a person;

“health” means the complete state of physical, mental, spiritual and social well-being of an individual and not merely the absence of disease or infirmity;

“Human Rights Commission” means the Commission established in accordance with the Constitution;

“Investigator-General” means the person appointed Investigator-General of the Republic in accordance with the Constitution;

“marital status” means the status or condition of being single, married, divorced or widowed;

“man” means a male person who is 18 years of age and above;

“multiple roles of women” means the several responsibilities that women shoulder in the reproductive, productive, community and management spheres of life;

“non-governmental organisation” means a private voluntary grouping of individuals or associations, whether corporate or unincorporated, not established or operated for profit, partisan politics or any commercial purposes, and who or which have organised themselves for the promotion of civic education, advocacy, human rights, social welfare, development, charity, research or other activity or program for the benefit or interest of the public, through resources mobilised from sources within or outside Zambia;

“private body” means a non-governmental organisation, political party, company, enterprise, partnership, firm, club, institute, trade union, federation or association or other organisation which is not a public body;

“property” includes real estate, personal property, legal interest in land or intellectual property;

“public body” means the Government, any Ministry or department of the Government, the National Assembly, the Judicature, a local authority, parastatal, board, council, authority, commission or other body appointed by the Government, or established by, or under, any written law;

“qualification” includes recognition, accreditation, reputation and certification;

“qualifying body” means a public body or private body that confers, issues, reviews, extends, revokes or withdraws an authorisation that is needed for, or facilitates the practice of, a profession, commencement or carrying on of a trade, occupation or vocation;

“right” means a privilege, immunity, exemption, favour, preference, advantage or benefit specified in the Constitution, Convention, African Protocol, SADC Protocol and this Act;

“SADC Protocol” means the Southern African Development Community Protocol on Gender and Development signed in Johannesburg, South Africa on the 17th August, 2008;

“spheres of life” means the economic, social, political, cultural, socio-economic or socio-political fields;

“sex” means the biological characteristics which define humans as female or male;

“sexual harassment” includes conduct or contact of a sexual nature, such as the following—

(a) having physical contact, making advances, comments or innuendos without the consent of a person;

(b) being offensive, humiliating or intimidating to a person in a suggestive manner; or

(c) threatening or imposing a condition on a person for doing or undertaking anything or creating a hostile environment for an employee;

“sexual reproductive rights” means the rights relating to sexuality, reproduction, sexual integrity, privacy and safety of the person, and includes the right to make free and responsible reproductive choices, receive sexual information based on scientific inquiry and receive sexual and reproductive health care in accordance with the Constitution and other laws;

“special measures” include programmes, affirmative action or steps designed to ensure gender equity and equality which promote equal opportunities, real choices and positive outcomes to—

(a) eliminate all forms of discrimination;

(b) provide empowerment for women; or

“victimisation” means the unfair treatment of a person by another person as a result of the person’s performance of, or refusal to perform, an action;

“woman” means a female person who is at least 18 years of age; and

“work of equal value” means work that is equal in terms of the demands it makes with regard to matters such as skill, duty, physical and material effort, responsibility, conditions of work and remuneration.

3. Superiority of Act

Subject to the Constitution, where there is an inconsistency between this Act and the provisions of any other written law, the provisions of this Act shall prevail to the extent of the inconsistency.

PART II
GENDER PRINCIPLES, POLICIES AND MEASURES

4. Principles achieving gender equity and equality

The following principles shall apply in matters related to gender—

(a) mainstreaming gender in all policies, legislation, programmes and budgets;

(b) observance of women’s rights as an integral part of attaining equity and equality in all spheres of life;

(d) the prohibition of gender stereotyping;

(e) the empowerment of women as a key to achieving gender equity and equality;

(f) women, men, girls and boys have a key role in achieving gender equity and equality;

(g) public and private bodies shall work together as partners in a coordinated manner in achieving gender equity and equality;

(h) the elimination of gender bias;

(i) justice and fairness to survivors of gender-based violence to ensure dignity, protection and respect; and

(j) the recognition and respect of the multiple roles played by women.

5. General powers of Minister for achieving gender equity and equality

(1) The Minister shall be responsible for the general implementation of this Act.

(2) The Minister shall, without prejudice to the generality of sub-section (1), in consultation with other relevant Ministers and the Commission—

(a) take appropriate measures to modify or abolish existing laws, customs and practices that are discriminatory in nature;

(b) develop an integrated framework for the empowerment of both sexes by setting realistic, measurable targets, time frames and indicators for achieving gender equity and equality;

(c) put in place affirmative action, with particular reference to women, in order to eliminate all barriers which prevent women from participating meaningfully in all spheres of life and create a conducive environment for such participation;

(d) ensure equal participation of both sexes in policy formulation and implementation of economic policies;

(e) ensure gender sensitive and responsive budgeting at the micro and macro levels, including tracking, monitoring and evaluation; and

(f) monitor the implementation of laws, policies and programmes that affect, or have an impact on, gender.

(3) The Minister shall ensure that public bodies, private bodies or other persons adopt special measures aimed at accelerating gender equity and equality.

(4) A special measure shall not be considered as discriminatory.

(5) The Minister shall, in the performance of the functions specified in sub-sections (1) and (2)—

(a) monitor and evaluate international, regional and national standards on gender equity and equality, especially as provided in the Convention, African Protocol and SADC Protocol, and if need be, recommend amendments to be made to this Act or any other written law;

(b) evaluate policies, programmes and practices of public bodies and private bodies relating to gender equality;

(c) evaluate and review, or cause to be evaluated and reviewed, laws, proposed laws and customary laws and practices affecting or likely to affect gender equity and equality or the marital status of women and recommend, where necessary, the revision of the law, proposed laws and customary practices;

(d) liaise with institutions, bodies or authorities with similar objectives to foster common policies and practices, including measures to promote cooperation in areas of gender and handling of complaints;

(e) encourage compliance with international conventions promoting women’s rights acceded to, or ratified by, Zambia and make such reports as may be required thereunder in liaison with other appropriate authorities;

(f) consider such recommendations, suggestions and requests promoting gender equity and equality received from any source and take such actions as may be appropriate; and

(g) put in place harmonised data collection mechanisms to improve data collection and ensure effective programming, planning and monitoring.

PART III
THE GENDER EQUITY AND EQUALITY COMMISSION

6. Establishment of Commission

(1) There is established the Gender Equity and Equality Commission which shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name and with power, subject to the provisions of this Act, to do all such things as a body corporate may, by law, do or perform.

(2) The provisions of the Schedule apply to the Commission.

7. Seal of Commission

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