Women's Reproductive Rights in Zimbabwe-A Shadow Report [Part 3 of 7] Women's Reproductive Rights in Zimbabwe-A Shadow Report, 12-01-1997 7. HIV/AIDS and STDs and Women Laws and Policies Although the first AIDS cases were reported in Zimbabwe in 1985,[105] the government did not begin to address AIDS as a critical public health problem until the early 1990s.[106] The MHCW established a National AIDS Coordination Unit and a National AIDS Advisory committee to institute programs providing for the care of AIDS patients, as well as for the prevention and control of HIV transmission. It also established programs for monitoring infection levels and screening blood products in an attempt to control or reduce infection levels of HIV/AIDS.[107] MHCW programs have also focused on the provision of pre- and post-diagnosis counseling services and the training of health workers in the public and private sector.[108] Education and awareness campaigns target patterns of sexuality and contraceptive use in order to encourage self-protective behavior. A major component of these campaigns has been the promotion of condom use. Condoms are distributed free at government and municipal health centers.[109] The Zimbabwe Traditional Healers Association has joined in the campaign to promote safer sex practices and has advocated modification of certain cultural practices, such as the encouragement of safe sex in polygamous marriage and in widow inheritance.[110] Pursuant to the Public Health Act, the Minister of Health and Child Welfare may declare an infectious disease to be "notifiable," requiring infected persons to be immediately reported to the local authorities and imposing a fine or period of imprisonment for noncompliance.[111] HIV/AIDS has not been made a notifiable disease.[112] The Public Health Act also criminalizes the transmission of certain STDs. HIV/AIDS has not been added to the list of STDs that are regulated pursuant to the Public Health Act.[113] The government has proposed legislation specifically criminalizing infection of another person with HIV, except where this occurs within marriage.[114] Reality Since 1987 over 48,000 AIDS cases have been reported.[115] Recent reports put the figure at 100,000.[116] The official estimate is that 500 people a week are dying of AIDS.[117] It is estimated that two thirds of all AIDS cases in Zimbabwe remain unreported.[118] Government estimates place HIV infection at 10% of the general population and at up to 25% of sexually active adults aged 15-49.[119] Women account for 43% of all AIDS cases.[120] A recent survey by the Joint U.N. Aids Programme (UNAIDS) and the World Health Organization (WHO), put the rate of infection with HIV/AIDS in 1996 at one in five adults.[121] In one town with a large population of migrant workers, seven in ten pregnant women tested HIV positive in 1996.[122] In Belt Bridge, a large border town, the percentage of pregnant women infected with HIV increased from 32% in 1995 to 59% in 1996.[123] HIV is mainly transmitted through heterosexual contact in Zimbabwe. The MHCW has reported that the incidence of HIV infection among women is rising.[124] The highest incidence rates of AIDS and AIDS-related deaths among women occurs in the 20-29 age group, and women between the ages of 15 and 29 have a higher incidence of HIV infection than their male counterparts.[125] Teenage girls comprise 80% of AIDS cases in their age group.[126] The government estimates that 25-30% of babies born to HIV positive mothers will be infected at birth. Of those who escape infection at birth, 25-50% will be infected through breastmilk.[127] 25% more infants are estimated to be dying than would have been the case if there were no HIV. It is estimated that, because of AIDS, Zimbabwe's infant mortality rate will rise by 138% and its under five mortality rate will rise by 109% by the year 2010.[128] It is estimated that Zimbabwe's population will remain stagnant or even decline over the next 20 years as a result of AIDS.[129] The rapid increase in infection rates is linked to the prevalence of STDs. Over one million cases of STDs were reported in 1991.[130] Since then, the number of reported incidents has declined.[131] A 1993 survey within rural and urban clinics found that 50% to 60% of patients receiving STD treatment had been infected with HIM.[132] The increase in health service fees introduced by the 1991 economic reform program has caused a decline in the use of hospital-based care by those infected with HIV.[133] Different situations give rise to discrimination against people with HIV/AIDS. An HIV test is required by the insurance industry before one can obtain a policy of over Zimbabwe $100,000 (approximately US$11, 260.00).[134] Some private national and international companies require an HIV test before employing someone.[135] Treatment options for people with HIV/AIDS who have low incomes may be limited.[136] This is because one's income determines the type of medical aid (health insurance) scheme one is able to join and the monthly contribution one is able to make, which in turn determine the level of benefits received. The more advanced the stage of illness of an individual, the more severe discrimination becomes. 8. Adolescent Reproductive Health Laws and Policies The Youth Advisory Services of the ZNFPC is responsible for focusing ZNFPC programming on the sexuality and reproductive health issues of adolescents.[137] The ZNFPC has attempted to modify its facilities to serve youth populations and to work cooperatively with community youth organizations.[138] Although minors require parental consent to obtain medical treatment, the provision of many health and family planning services, including provision of contraceptives, to adolescents is not restricted under the law.[139] For example, a minor may receive treatment for a sexually transmitted disease without parental consent or knowledge.[140] Reality Approximately 45% of the Zimbabwean population is under the age of 15.[141] In 1993, 14% of all births were to women under the age of 20.[142] In 1994, the median age for giving birth for the first time was 20, while 37% of 19 year old women had at least one child.[143] In practice, adolescents' access to contraceptives may be limited through informal policies of private family planning providers and government clinics.[144] Parental consent for contraceptive use is often practically imposed, and in ZNFPC and government clinics, contraceptives are not dispensed to youth under the age of 16.[145] B. FAMILY RELATIONS (ARTICLE) 1. Marriage and Customary Marriage Laws and Policies There are two types of marriage -- customary and civil -- in Zimbabwe. Women's legal status depends largely on the rights accorded to women under customary law and the enactment of remedial legislation.[146] Protection from discrimination, including discrimination on the ground of gender, is guaranteed in Section 23 of the Declaration of Rights.[147] However, Section 23 specifically exempts from its coverage laws which give effect to customary law or constitutional provisions, or which take "due account of physiological differences between persons of different gender."[148] In 1982, Parliament enacted the Legal Age of Majority Act,[149] which grants full legal capacity and majority status to all Zimbabweans over the age of 18.[150] Zimbabwean women also obtain legal majority when the marry.[151] The Legal Age of Majority Act provides that the attainment of legal majority "shall apply for the purpose of any law including customary law."[152] Customary marriage is exclusively available to Africans.[153] If registered under the Customary Marriages Act,[154] a marriage is legally valid for all purposes. An unregistered customary union, the most common form of marriage in Zimbabwe, is legally recognizable only with respect to spousal claims of maintenance and the status, guardianship, custody, and rights of succession of children from the union.[155] A man may enter into more than one registered customary marriage, provided that the discloses the existence of prior marriages.[156] Families contract marriages between their children, giving their consent and arranging for marriage consideration or bridewealth[157] to be paid to the woman' s family.[158] The bridewealth agreement for a registered marriage is legally enforceable.[159] However, a woman cannot be forced to enter into any form or marriage against her will.[160] Civil marriages must be registered in accordance with the provisions of the Marriage Act.[161] Civil marriages in Zimbabwe are monogamous and require the consent of both the man and the woman.[162] The civil law governs spousal rights and obligations.[163] Zimbabweans wishing to enter into a civil marriage must satisfy the conditions set forth in the Marriage Act, as well as the common law requirement of "competency" .[164] A woman who at the time of her marriage is pregnant with another man's child fails the "competency" requirement.[165] In any civil or customary marriage, the spouses have a reciprocal duty of maintenance and the obligation to maintain their children.[166] Responsibility for maintenance depends on the financial situation of the parties, as well as their ability to work.[167] Should the responsible party fail to pay adequate maintenance, the aggrieved spouse may apply to a magistrates court for an order directing payment.[168] Adultery by the applicant may result in the court's refusal to grant a maintenance order or the revocation of a previously granted order.[169] Reality The marriages of 19% of married Zimbabwean women are polygamous.[170] Polygamy is more common among older women and women living in rural areas than among young, urban women.[171] There is an inverse relationship between the incidence of polygamy and levels of education.[172] Although, the Legal Age of Majority Act has empowered women, their decision making capacity may be limited by economic dependence on their spouses. The practice of paying bridewealth to a woman's parents also undermines her independence. Women do not participate in the process of negotiating for bridewealth.[173] 2. Divorce and Child Custody Laws and Policies The dissolution of valid, registered civil or customary marriages are governed by the Matrimonial Causes Act.[174] There is no legal action available for the dissolution of an unregistered customary marriage.[175] There are two possible grounds for divorce in terms of the Matrimonial Cause Act: incurable mental illness or unconsciousness of a spouse and the "irretrievable break-down of the marriage."[176] Proof of adultery may establish an irretrievable breakdown.[177] The Matrimonial Causes Act empowers courts to determine an equitable division of assets for registered marriages, as well as to provide for the maintenance of spouses and children.[178] However, property that has been inherited or acquired according to custom may only be distributed for the provision of maintenance.[179] Depending upon the attribution of blame for the breakdown of the marriage, its dissolution may entitle the man and his family to a return of part of the paid bridewealth.[180] However, in dividing assets, courts generally seek to ensure that the financial position of neither spouse substantially changes with the dissolution of the marriage.[181] Pursuant to the Guardianship of Minors Act, courts will award custody of a child to the mother upon separation.[182] However, the father always remains the natural guardian of his legitimate children.[183] Custody decisions are based on what is deemed to be in the best interests of the child.[184] Reality One in three households in Zimbabwe are headed by women.[185] There are more female-headed households in rural areas than in urban areas.[186] In 1994, 7.8% of women aged 15-49 were divorced, 3.5% were widowed, and 26.9% had never been married.[187] There are very few cases of men who have gone to court to claim maintenance from women. The most common maintenance cases are of women claiming maintenance for their minor children. The procedure for claiming maintenance is long and cumbersome. It is often difficult for women to obtain the information required to process a claim, such as proof of the man's salary, the name of his employer or his residential address. This results in many women preferring to settle claims out of court or in their abandoning the attempt to claim maintenance completely.[188] Author not available, Women's Reproductive Rights in Zimbabwe-A Shadow Report [Part 3 of 7]. , Contemporary Women's Issues Database, 12-01-1997, pp 9+.