i

TABLE OF CONTENTS

Abbreviations and acronyms ................................................................................................................................... i

About the female students network ....................................................................................................................... i

Our vision ............................................................................................................................................................. i

Our mission statement ........................................................................................................................................ i

Our mandate........................................................................................................................................................ i

Goal..................................................................................................................................................................... ii

Objectives ........................................................................................................................................................... ii

Programming themes/focus ............................................................................................................................... ii

Core Values ......................................................................................................................................................... ii

Background of the Draft Sexual Harassment Policy ............................................................................................... 1

Statement of the challenge ................................................................................................................................ 2

Sexual Harassment Defined ................................................................................................................................ 3

Forms of Sexual Harassment .............................................................................................................................. 4

Effects of sexual harassment .............................................................................................................................. 5

Educational effects ......................................................................................................................................... 5

Psychological effects ....................................................................................................................................... 5

Social effects ................................................................................................................................................... 5

Emotional effects ............................................................................................................................................ 5

Sexually transmitted infections, physical injuries and unprepared motherhood .......................................... 6

Sexual harassment and the law .......................................................................................................................... 6

Criminal Law (Codification and Reform) Act (Chapter 9:23) .......................................................................... 6

Civil Law .......................................................................................................................................................... 7

Labour Law ..................................................................................................................................................... 8

Is Sexual Harassment a Criminal Offence ....................................................................................................... 8

Criminalizing sexual harassment in Zimbabwe ................................................................................................... 9

International Human Rights Instruments ........................................................................................................... 9

Convention for the Elimination of all forms of Discrimination against Women ........................................... 10

i
 Southern African Development Community Protocol on Gender Development ......................................... 11

The Protocol to the African Charter ............................................................................................................. 12

Beijing Platform for Action ........................................................................................................................... 12

United Nations Declaration on the Elimination of Violence against Women ............................................... 13

Procedure for reporting sexual harassment cases ........................................................................................... 14

Formal complaints mechanism ..................................................................................................................... 15

Informal complaints mechanism .................................................................................................................. 16

Sanctions and disciplinary measures ................................................................................................................ 16

Reporting Structure ...................................................................................................................................... 16

Implementation of the policy ........................................................................................................................... 18

Implementation framework ......................................................................................................................... 18

Stakeholder buy-in........................................................................................................................................ 19

Stakeholder Adoption of the policy .............................................................................................................. 20

Monitoring, reporting and evaluation .......................................................................................................... 20

Updating the policy........................................................................................................................................... 21

Training module for handling cases of sexual harassment ............................................................................... 21

ii
ABBREVIATIONS AND ACRONYMS

FSNT Female Students Network Trust

CEDAW Convention for the Elimination of all forms of Discrimination against Women.
ICECSR International Covenant on Economic, Cultural and Social Rights
PAC The Protocol to the African Charter
The Code Criminal Law (Codification and Reform) Act Chapter 9:23
SDGs Sustainable Development Goals
TEIs Tertiary Education Institutions
SH Sexual Harassment
DVA Domestic Violence Act
UZ University of Zimbabwe
NUST National University of Science and Technology
UDHR Universal Declaration of Human Rights
ZLHR Zimbabwe Lawyers for Human Rights
GBV Gender Based Violence
GPA Global Political Agreement
CSU Counselling Services Unit
SAIH Students Academics International Help Fund
OSISA Open Society Initiative for Southern Africa
UN United Nations
UNGA United Nations General Assembly
SADC Southern African Development Community

i
ABOUT THE FEMALE STUDENTS
NETWORK
The Female Students Network Trust
(FSNT) is a membership-based
organization that works with female
students in 36 Tertiary Education
Institutions (TEI) across Zimbabwe. As of
April 2015, FSN had 8,640 paid up
members and 11,360 registered members
[unpaid]. The organization was
established in 2005 with the aim of
empowering female students to actively
participate and engage in institution-level
and national-level democratic processes.
More specifically, FSNT sought to
empower female students to speak out
issues of violence against women in TEI
spaces and advocate for upholding of
womens rights in the same. The FSN
concept was born out of its current
directors personal experiences as a
female student activist, advocating for
academic freedoms for students within
TEIs. Being the only female student leader
at the time, she observed that there were
gendered barriers to female students
participation and involvement in decision
making processes within TEIs and the
wider society. This experience inspired
her to initiate the FSNT and her dream
was to see the voices of female students
in TEIs being amplified and their concerns
addressed. FSNT came into being after
wide consultations with female students in
TEIs and various other stakeholders and it
became a platform where female students
in TEIs interacted and shared experiences
on the challenges they face in their day to
day lives within TEI spaces.
The FSNT works with the government
through relevant ministries in its
programming and policy advocacy
initiatives and it is through this sound and
strategic working relationship that the
organization has been able to make a
difference in TEIs in the country. The
challenges that female students face in
TEIs in the country require the direct
intervention of the government through
the formulation and implementation of
conducive policies and strategic
interventions. To this end the FSNT has
maintained good relations with relevant
government ministries namely the ministry
of Higher and Tertiary Education, Science
and Technology Development and the
ministry of Women Affairs, Gender and
Community Development and the
Parliamentary Portfolio Committees of
these ministries.
OUR VISION
A non- discriminatory and gender
sensitive haven for female students in the
tertiary education sector.
OUR MISSION STATEMEN T
To advocate for a conducive learning
environment for female students in the
tertiary education sector through various
participatory processes that enhance
lobbying and advocacy capacities.
OUR MANDATE
The FSNTs founding mandate and core
business which is to:
Empower female students in TEIs to
effectively participate in decision
making structures and processes
through various capacity building
initiatives, including but not limited to
leadership development, lobbying and
advocacy, civic education and
governance,
Represent female students in TEIs
through various initiatives aimed at
protecting and promoting their
individual and collective rights as
young women within tertiary
institutions,
Establish networks of female students
within institutions of higher learning in
order to promote exchange learning,
information gathering and
dissemination,
i
 Establish and sustain a network of effectiveness,
organizations that will respond to inclusivity,
other needs of female students that equality,
FSNT has no capacity to address. tolerance and respect,
GOAL dignity and integrity.

The goal of FSNT is; to contribute towards

the creation and sustenance of a conducive
and non-discriminating learning environment
for female students in Tertiary Education
Institutions (TEI) in Zimbabwe.
OBJECTIVES

i. To advocate for gender sensitive

policies and practices of Student
Representative Councils (SRCs)
and other student bodies in
tertiary Education institutions,
ii. To facilitate increased participation
of female students in decision
making positions of Student
Representative Councils (SRC) and
other student bodies,
iii. To increase the level of womens
and human rights awareness
amongst female students in tertiary
education institutions,
iv. To facilitate female students
access to psychosocial, legal aid
and other relevant support
services.
PROGRAMMING THEMES/FOCUS

i. Policy advocacy,
ii. Womens participation in
leadership of SRCs,
iii. Human rights and,
iv. Psychosocial support
CORE VALUES

The FSN core values are;

transparency,
excellence,
efficiency,
accountability,
team work,

ii
BACKGROUND OF THE DRAFT SEXUAL HARASSMENT POLICY
In 2015, the FSNT commissioned and
conducted a national baseline survey on
Sexual Harassment in Zimbabwes tertiary
institutions. The research was done in 21
Tertiary Education Institutions across the
country. Only 4 out of 21 institutions had
sexual harassment policies in place!
The findings reveal that SH 1 is very
rampant in TEIs with statistics showing
that 98% of the female students had been
sexually harassed. Many female students
reported to have encountered Sexual
Harassment in different forms, like
unwanted and uninvited physical contact
(touching, patting, hugging), inappropriate
remarks, wolf whistling and offers of
favors, unwanted and unprotected sex and
even rape. The perpetrators of SH are
mostly male lecturers, male students and
non-academic staff (including the spouses
of lecturers) at campus.
Findings suggest that many female
students fail to live their college lives fully,
making life style adjustments because of
fear of SH in their living and learning
environments. Many avoid participation in
SRC and other institutional activities
because of fear of being victimized and
harassed by fellow students.
Absence of SH policies mean there are
limited gender sensitive formal
frameworks for use in interventions aimed
at creating a violence and harassment-free
learning environment for male and in
particular female students. Having a SH
policy will make it easier for students to
report issues relating to SH and will
contribute to creating a safe learning
environment for students.2
1
The acronym for Sexual Harassment (SH) will be
used interchangeably with the term sexual
harassment
2
http://femalestudentsnetwork.blogspot.com/2016
/01/orange-day-fsnt-wouldlike-to.html (10
November 2016)
Sexual harassment amounts to unfair
treatment and violates the right to human
dignity. The Zimbabwean Constitution,
through sections 51 and 56 of the Bill of
Rights, upholds and protects human
dignity, equality before the law and
advocates for non-discrimination. The
obligations imposed by the Constitution
of Zimbabwe are binding on every person,
natural or juristic, including the State and
all executive, legislative and judicial
institutions and agencies of government at
every level, and must be fulfilled by them.3
The Labour Act (Chapter 28:01) compels
employers to ensure that there is fair
labour practices at work places. 4 The
intention of the Labour Act is to regulate
and prevent unfair treatment, directly or
indirectly on one or more of the following
grounds including race, gender, marital
status, sexual orientation etc.
There has been public debate about
sexual harassment by religious
organisations, non-governmental
organisations and particularly Womens
organisations but there is no policy
guideline to address the scourge of sexual
harassment that is raging on in TEIs like a
veld fire. As far back as 1991 the then
Chief Justice of Zimbabwe, Enock
Dumbutshena said sexual harassment is a
legal challenge that must be met by all
who pursue human rights in Zimbabwe.
Win (1994) describes the relationship
between students and lecturers as a David
and Goliath situation, where the one in
power or authority uses his power to get
what he wants. She suggests that
institutions must design policies and
grievance procedures for those who are
sexually harassed.
3
Section 2(b) Constitution of Zimbabwe
(Supremacy clause)
4
Section 5(2) Labour Act, Chapter 28:01
1
Singer (1989) conducted a study which
demonstrates that those institutions that
do have a policy designed specifically for
sexual harassment and grievance
procedures have a significantly higher
number of reports of harassment than
those that do not.5
The need to curb the prevalence and rise
in cases of sexual harassment in TEIs in
Zimbabwe has resulted in the drafting of
this global sexual harassment policy
guideline.
STATEMENT OF THE CHALLENGE
The FSNT has noted with serious concern
the lackadaisical approach by TEIs in
Zimbabwe (both public and private) when
dealing with cases of sexual harassment
and putting in place the necessary legal
framework and infrastructure for stopping
this rot. The National baseline survey
commissioned and conducted by the
FSNT in 2015 has revealed chilling
statistics on sexual harassment, for
example the fact that of the 21 institutions
covered by the survey only 4 had a sexual
harassment policy in place. The absence of
sexual harassment policies in TEIs in the
country relegates the issue of sexual
harassment to a social misdemeanour that
is not worth any form of control or let
alone a serious discussion.
The policy intends to uphold the rights of
students in TEIs to pursue educational,
social, cultural, employment and
professional activities in an atmosphere
that respects their rights and dignity as
enshrined in the Constitution under the
5
http://digital.lib.msu.edu/projects/africanjournals
/ adopted in 2013
Bill of Rights. 6 Furthermore, this policy
intends to encourage and promote the
development and implementation of
procedures that will lead to a University
and college environment free from sexual
harassment.
Underpinning this policy is a set of
recommendations from a research on
sexual harassment in TEIs that was done
by F Zindi listed below;
(i) There is a need for students and their
trainers to be educated on what
constitutes sexual harassment,
(ii) Proper reporting procedures on
sexual harassment in colleges should be
set up immediately. These should give
students the assurance that there will be
no victimization should they make reports
about incidents that involve those in
authority. At the moment there is under-
reporting because of fear of the negative
consequences of doing so.
(iii) Strong disciplinary measures, including
dismissal, must be taken against lecturers
who sexually harass female students,
(iv) Legislation which protects female
students from sexual harassment must be
introduced as there seems to be an
unwillingness on the part of society to
recognize the problem,
(v) There is a need for counselling
services for students in every college.
These should include both experts in the
field as well as lecturers and students.
(vi) Any policy seeking to encourage the
maintenance of professional, non-
6
Chapter 4 of the Constitution of Zimbabwe
2
exploitative relationships between
lecturers and students must include
specific reference to propriety and
responsibility of lecturers and must
provide guidelines for their conduct.7
SEXUAL HARASSMENT DE FINED
Sexual harassment is defined as
unwelcome sexual advances, requests for
sexual favours, and other verbal or
physical conduct of a sexual nature when
either:
The conduct is made as a term or
condition of an individual's
employment, education, living
environment or participation in a
University community.
The acceptance or refusal of such
conduct is used as the basis or a factor
in decisions affecting an individual's
employment, education, living
environment, or participation in a
University community.
The conduct unreasonably impacts an
individual's employment or academic
performance or creates an intimidating,
hostile or offensive environment for
that individual's employment,
education, living environment, or
participation in a University community.
Sexual harassment is defined by law and
includes requests for sexual favours,
sexual advances or other sexual conduct
when (1) submission is either explicitly or
implicitly a condition affecting academic or
employment decisions; (2) the behaviour
is sufficiently severe or pervasive as to
7
http://digital.lib.msu.edu/projects/africanjournals
/ ( November 2016)
create an intimidating, hostile or
repugnant environment; or (3) the
behaviour persists despite objection by
the person to whom the conduct is
directed. The institutions should consider
such behaviour, whether physical or
verbal, to be a breach of its standards of
conduct and will seek to prevent such
incidents and take corrective action when
sexual harassment occurs8
According to Pierce (2003), sexual
harassment may include some request for
sexual favours either directly or by
implication: sometimes ordered in
exchange for rewards such as academic
success or promotion. In this context, the
female student may be deliberately
touched, kissed or fondled and brushed
against her will by male students or
lecturers. Very often, sexually oriented or
obscene comments, for example
comments about a persons physical
appearance or sexuality may be directed
at her coupled with being questioned
persistently about her private life.
Furthermore, uninvited visits, displays of
erotic materials such as posters,
photographs and pornography and threats
of physical assault via social media (cell
phones, facebook, whatsapp, twitter etc.)
all amount to sexual harassment.
Furthermore, Dastile (2004) states that
the University of Venda in South Africa
had several incidents of sexual harassment
from the year 2000 to 2004 from different
female students in different departments.
A female student enrolled in Bachelor of
Arts, a non-resident and a class
representative, was sexually harassed by
the lecturer when she went to call the
8
https://sapac.umich.edu/article/63 (November
2016)
3
lecturer for a lecture. The lecturer
touched the student, hugged and kissed
her in his office and this happened more
than once. The student felt uncomfortable
and irritated. This brought back past
memories of earlier rape to the victim by
her cousin9. This is just one of the many
stories coming from TEIs showing the
traumatising and emotional effects of
sexual harassment10. Most of these stories
go unreported and the victims of sexual
harassment carry this burden for the rest
of her life.
FORMS OF SEXUAL HARASSMENT
There are generally 2 types of sexual
harassment recognised in most
jurisdictions in the world and these are
Quid pro quo and hostile environment.
However, the following shall include some
of the forms of sexual harassment11:
2.3.1 Unwanted physical contact which
is sexual in nature including patting,
9
Kheswa J.G (2014), Exploring the Causal Factors
and Effects of Sexual Harassment on Female
Students at Universities in Africa. An Overview.
Mediterranean Journal of Social Sciences Vol 5 No
20
10
The FSNT has documented many similar cases of
sexual harassment
11
According to Imonikhe, Idogho and Aluede
(2011), there are female students who can push
themselves to sexual harassment by seducing male
tutors or lecturers to assist them to write their
examination or be awarded unwarranted grades in
the examination. Through seductive behaviour,
female students may insist requests for dinner,
drinks or dates, persistent excuses when they have
missed deadlines for submission of assignments,
phone calls and other invitations (Finn, 2004). One
way of doing this could be their dress-code when
attending lectures or lecturers offices. In a study
conducted in Nigeria, Imonikhe and colleagues
(2011) found that lecturers cited that as a result of
revealing attire worn by female students, they
hardly concentrate, hence they make sexual
advances.
fondling, kissing, cornering or grabbing
as well as strip search by or in the
presence of the opposite sex, sexual
assault or physical intimidation.
2.3.2 Suggestive sexual comments; such
as sexually related jokes, sexual
innuendos, foul sexual language,
obscene sexual gestures or enquiries
or comments about ones sexual life
and unwanted graphic comments
about a persons body made in their
presence or directed towards them.
2.3.3 The displaying of pornographic and
sexually suggestive pictures, cartoons,
drawings and sexual objects and
indecent exposure.
2.3.4 Transmitting sexually offensive
text, written, telephonic and any
other electronic and non-electronic
communications.
2.3.5 Sexual bribery- Solicitation of
sexual activity or other sex-linked
behaviour by promise of reward; the
proposition may be either overt or
subtle.
2.3.6 Quid pro quo - A quid pro quo
harassment usually takes place when
a female student is coerced into
having sex with her lecturer(s) under
the threat of failing a course. Willness
(2007) asserts that quid pro quo
harassment is equally unlawful
whether the student resists and
suffers the threatened harm or
remains submissive to avoid
victimization.
2.3.7 Gender harassment- Generalized
sexist statements and behaviour that
convey insulting or degrading
attitudes about women. Examples
include insulting remarks, offensive
graffiti, obscene jokes or humour
about sex or women in general.
4
EFFECTS OF SEXUAL HA RASSMENT
EDUCATIONAL EFFECTS
Studies have shown that sexual
harassment has a destabilising effect on
the education of female students in that
the academic performance of the female
student suffers (Quaicoe-Duco 2010).
Concentration on academic work will be
subdued. In some instances, the female
student will lose interest in studying and
transfer to another institution or simply
leave school due to hopelessness and
pregnancy after unsafe sex with the
perpetrator. Sexual harassment leads to
low self-esteem and low self-efficacy.
PSYCHOLOGICAL EFFECTS
According to Campbell et al., (2009)
cognitively, victims tend to form negative
stereotypes in their minds about males
and begin to ruminate and constantly
check to see if there is anything that
caused the male students or lecturers to
sexually harass them and end up
developing dissociative identity disorder
(Comer, 2013). Individuals with
dissociative identity disorder are
preoccupied with constant checking of
ones self in the mirror to an extent that
their day to day functioning becomes
grossly affected and experience aloofness
and neuroticism because they are
demotivated (Nolen-Hoeksema, 2008).
This de-motivation can cause withdrawal
and gradually develops into depression.
Various scholars postulate that sexual
harassment can be very traumatic to the
individual, female students can develop a
phobia for men and may experience an
intense anxiety, mood swings, become
melancholic in the presence of men and
prefer to stay inside the house (Bennett,
Gouws, Kritzinger, Hames & Tidimane,
2007; Comer, 2013; Ryckman, 2008;
Nolen-Hoeksema, 2008). Silva and Hill
(2005) elucidate that sexual assault is one
of sexual harassment that causes victims
to suffer severe or chronic effects, the
same psychological effects such as rape.
Victims become targets of retaliation,
backlash or victim blaming after the
incident of sexual assault. Indeed, the
treatment of the female victims during
investigation can be ruthless and it can
add further damage to the victims psyche
life.12
SOCIAL EFFECTS
It has been observed that in most cases,
the victim of sexual harassment becomes
the subject of gossip and derogatory
information and speculations at the
campus. The victim feels surrounded by
such gossiping and derogatory information
and at times forces her to immerse herself
in alcohol as a form of escapism and this
aggravates academic performance. The
judgements by all who know the victim
either positive or negative can create a
huge burden for the victim to carry
through the university environment.
EMOTIONAL EFFECTS
Victims of sexual harassment, due to
psychological, social and educational
problems, develop emotional problems.
Recent studies have shown that female
victims of sexual harassment become
vulnerable and tend to experience intense
anger towards their perpetrators or all
males surrounding them. These feelings
are typical of the acute phase of post-
traumatic stress disorder. Survivors of
sexual harassment respond through anger
12
Kheswa J.G (2014), Exploring the Causal Factors
and Effects of Sexual Harassment on Female
Students at Universities in Africa. An Overview.
Mediterranean Journal of Social Sciences Vol 5 No
20
5
to the trauma they would have suffered.
This anger could provide victims with an
increased energy to persist when dealing
with the fact that they had been subjected
to sexual harassment even though they
have no strength to carry on 13 . As a
mechanism of copying with the stress,
victims of sexual harassment may take to
excessive consumption of alcohol and
some become extroverts. The victims also
develop certain behavioural tendencies
like avoiding certain places that reminds
them of the incidence.
SEXUALLY TRANSMITTED INFECTIONS,
PHYSICAL INJURIES AN D UNPREPARED
MOTHERHOOD
Many researchers have written on the
issue of sexually transmitted infections,
physical injuries and cases of unprepared
motherhood as some of the direct effects
of sexual harassment. Holborn and Eddy
(2011) in a survey conducted in Gauteng
Province, South Africa among young men,
31% reported that their attitudes towards
sexually harassing females was fuelled by
how women dressed and they presumed
that it was acceptable to rape women if
they dressed in revealing clothes. Forced
sex being violent and leaving females
vulnerable, Wingood and DiClemente
(2013) found that it increases the risk of
transmitting HIV. In forced vaginal
penetration, abrasions and cuts commonly
occur, thus facilitating the entry of the
virus through the vaginal mucosa.
Common physical injuries which occur
during rape tend to include genital
irritation, vaginal bleeding or infection,
decreased sexual desire, pain during
intercourse, chronic pelvic pain and
urinary tract infections (Cohen & Roth
2009)14.
13
ibid
14
ibid
SEXUAL HARASSMENT AN D THE LAW
In Zimbabwe there is scant legislation that
effectively addresses the problem of
sexual harassment in TEIs as well as at
workplaces. The only existing legislative
attempts at addressing the problem of
sexual harassment are found in the realm
of labour law. Some studies have indicated
that criminalising sexual harassment can
be a panacea to the problem.
Section 3.4 of the UN Handbook 15
specifies that legislation of member states
should criminalize sexual harassment. It
states as follows;
sexual harassment has traditionally been
associated solely with labour-related offences
and defined as occurring only in the context
of unequal power relations (such as boss
against employee). Thus, sexual harassment
has often been dealt with in countries labour
codes and only applied to those who
experience such behaviour in the formal
employment sector. Over time, countries have
acknowledged these limitations and begun to
address sexual harassment in a more
comprehensive manner and in various areas
of the law, such as anti-discrimination law,
and criminal law.16
CRIMINAL LAW (CODIFICATION AND
REFORM) ACT (CHAPTER 9:23)
In terms of the Code 17 an act of sexual
harassment may also amount to a criminal
15
Handbook for Legislation on Violence Against
Women (UN Division for the Advancement of
Women)
16
ibid
17
Criminal Law (Codification and Reform) Act
Chapter 9:23
6
offence. Section 67(1) of the Code states
that indecent assault 18 is committed
where a male commits upon a female
person any act involving physical conduct
that would be regarded by a reasonable
person to be an indecent act. It is
worthwhile to note that physical conduct
is being cited as one of the elements of
indecent assault. This again falls far short
of addressing the problem of sexual
harassment as not all acts of sexual
harassment will amount to indecent
assault because some do not involve
physical contact. A person can be charged
with criminal insult, a crime committed in
terms of section 95 of the Code where
any person who, by words or conduct
(a) seriously impairs the dignity of another
person or (b) seriously invades the privacy
of another person. The crime is only
committed where the accused by words
or conduct seriously impairs the
complainants dignity or seriously
invades the complainants privacy. The
Code does not attempt to define what
constitutes serious impairment and this is
left to the courts to craft their own
definition of serious impairment. This
provides the escape hole through which
cases of sexual harassment which are
often trivialised by society, would escape
and evade scrutiny. To this end the Code
does not offer much protection to the
female students in TEIs in cases of sexual
harassment. If anything, it trivializes the
crime of sexual harassment through
section 270(1) which states that subject to
18
The Oxford Dictionary of Law defines it as an
assault or battery in circumstances of indecency.
Touching or attempting to touch the genitals of
another person without their consent would
constitute an indecent assault. Consent is normally
a defence when the victim is under the age of 16.
this section a person charged with a crime
shall be entitled to be acquitted of the charge
if the conduct constituting the crime is of a
trivial nature. This means a harasser who
has been charged with this offence may be
acquitted of it if the Magistrate shares
societys attitude which trivialises sexual
harassment.
CIVIL LAW
A victim of sexual harassment can elect to
institute civil claim for damages in delict
based on the nature of the conduct. The
civil suit is meant to help the victim in
getting financial compensation for the loss
incurred or suffered. A court of
competent jurisdiction will try to restore
the victim of sexual harassment to a
position she would have been had the
wrong not been committed. Civil
proceedings are different from criminal
proceedings. The standards of proof
required for these proceeding are also
different with criminal proceedings
requiring proof beyond reasonable doubt
while in civil proceedings it is on a
preponderance of probability. A victim of
sexual harassment can institute a civil
claim regardless of whether the assailant
has been convicted or acquitted in the
criminal court. Thus, even though an
alleged offender may be acquitted in a
criminal trial, he may be held liable to pay
damages to the victim in a civil suit.
It is also important to note that
Zimbabwes courts may consider
provisions of CEDAW persuasive when
dealing with sexual harassment, but they
cannot enforce them even though
Zimbabwe has ratified that Convention.
Kenya has made a major innovation in its
2010 Constitution and has dealt with this
7
technicality by providing in its section 2(6)
that any treaty or convention ratified by
Kenya shall form part of the laws of
Kenya. So, through this constitutional
provision issues of sexual harassment can
be dealt with using international human
rights framework. To this end, Kenya has
successfully domesticated important
international conventions for the benefit
of the Kenyan citizens whereas in
Zimbabwe these international conventions
and treaties need to be enacted into acts
of parliament to have the force of law.19
LABOUR LAW
Zimbabwe enjoys a two tier labour law
system viz the Public Service Act and the
Public Service Regulations, 2000 made in
terms of section 31 of the Public Service
Act. In terms of the Regulations sexual
harassment is recognised as an act of
misconduct under the first schedule.
In terms of the other tier, the Labour Act
recognises sexual harassment as an unfair
labour practice.
Section 8 of the Labour Act attempts to
define acts that constitute sexual
harassment. Under section 8(g) one
commits an act of unfair labour practice if
he demands sexual favours as a condition
for an employment matter. Section 8(h)
further states that the employer, by act or
omission commits sexual harassment if
he/she engages in unwelcome sexually-
determined behaviour towards any
employee, whether verbal or otherwise,
such as making physical contact or
advances, sexually coloured remarks, or
displaying pornographic materials in the
workplace. The alleged harasser should be
19
Section 327(2) of the Constitution of Zimbabwe
given an opportunity to respond to all
allegations levelled against him. In as much
as these sections define acts of sexual
harassment they do not cover sexual
harassment in TEIs in Zimbabwe as much
emphasis is given to the employer-
employee relationship. Thus, the Labour
Act falls far short of providing instances of
sexual harassment that affects female
students in TEIs, in its ambit.
IS SEXUAL HARASSMENT A CRIMINAL
OFFENCE
In terms of the Code, sexual harassment
is not recognised as a criminal offence
under sexual crimes. The society has for
long been trivialising sexual harassment to
the extent that our legislature has
followed suit by not recognising sexual
harassment as a criminal offence in the
Code. The failure to recognise sexual
harassment as a criminal offence has been
singled out as the major contributor to
the proliferation of sexual harassment
cases in TEIs hence the need for serious
legal reforms to address this social
problem. Kenya is one example of an
African country that has criminalised
sexual harassment through section 23 of
the Sexual Offences Act which states as
follows; sexual conduct involves physical
conduct and thus it is easy to conclude
that sexual harassment has taken place.
Also, when a victim loses a tangible job
related benefit if she does not comply
with the unwelcome sexual advances it
becomes apparent that sexual harassment
has taken place. Another example is that
of France whose Penal Code describes
sexual harassment as The fact of harassing
anyone using orders, threats or constraint, to
obtain favors of a sexual nature, by a person
abusing the authority that functions confer on
8
him...20 and goes further to punish the act
by stating that harassment of another
person for the purpose of obtaining favours of
a sexual nature is punished by one years
imprisonment and a fine of $15 000, 0021.
Although criminalising sexual harassment
in Zimbabwe will not be panacea to the
perennial challenge of sexual harassment it
will be a step in the positive direction and
a paradigm shift from the current situation
in which the issue has been trivialised.
CRIMINALIZING SEXUAL HARASSMENT IN
ZIMBABWE
Recent studies22 have shown that cases of
sexual harassment are not reported
because there is a lack of faith in the way
the disciplinary cases are handled. This is
coupled with the fact that there are
adverse consequences associated with
reporting. Victimisation is one such
example. In terms of the study the
following are the advantages associated
with criminalising sexual harassment;
a) Women will be able to make reports
at any police station throughout the
country
b) The matter will be handled by the
victim friendly unit who have female
members at every front desk of police
stations;
c) Investigations will be independently
and professionally carried out by the
police. Women seem to repose a lot
of confidence in the way police
conduct their investigations.
d) Victims of sexual harassment will have
access to victim friendly facilities. They
will
20
The French Penal Code Article 222-33
21
ibid
22
Chimombe M, Should Sexual Harassment be
Criminalised: A Study of Selected Public
Department in Harare, Zimbabwe
receive counselling as well as give
evidence in an environment that is
friendly to them;
e) The courts which preside over these
cases are staffed by personnel who are
formally trained
in the handling of cases of a sexual
nature.
f) In delivering judgements the courts
are also not subject to the direction
or control of any person or authority
g) More importantly the punishment
imposed for offences of a sexual
nature usually have a strong deterrent
effect on the offender. It is only after
someone has been sent to jail for
sexual harassment that people will
begin to appreciate the serious nature
of the offence.
h) The other advantage of making sexual
harassment a criminal offence is that
the victim will have a lawyer to
present her case in the form of a
prosecutor. The prosecutor is there
to present the victims version of
events and at the same time protect
the victim from hostile accused
persons or their defence lawyers. In
disciplinary cases, it is the harasser
who will be entitled to legal
representation. The victim simply
must narrate her ordeal without any
legal assistance.
INTERNATIONAL HUMAN RIGHTS
INSTRUMENTS
Zimbabwe, as a member of the
community of nations called the United
Nations, has ratified several international
covenants and treaties to date. However,
unlike in other jurisdictions where such
treaties and conventions find direct
application or automatically become part
of municipal law, the Zimbabwean
jurisdiction has barred this through
9
section 327 (2)(a) and (b) of the
Constitution23 which states as follows:
An international treaty which has been
concluded or executed by the President or
under the Presidents authority;-(a) does not
bind Zimbabwe until it has been approved by
Parliament and (b) does not form part of the
law of Zimbabwe unless it has been
incorporated into the law through an Act of
Parliament.
By comparison, the Kenyan Constitution
of 2010 states explicitly through section
2(6) that any treaty or convention ratified
by Kenya shall form part of the laws of
Kenya. In this way, it means that issues of
sexual harassment can be dealt with using
the international human rights framework.
In most cases one will find that
municipal 24 laws of a country do not
adequately cover the issue of sexual
harassment or at most it is trivialised and
Zimbabwe is a shining example. If the
Zimbabwean Constitution had a clause
like section 2(6) of the Kenyan
Constitution of 2010 it was going to
effectively apply its own section 327(6) 25
which states that;
When interpreting legislation, every court and
tribunal must adopt any reasonable
interpretation of the legislation that is
consistent with any international convention,
treaty or agreement which is binding on
Zimbabwe, in preference to an alternative
interpretation inconsistent with that
convention, treaty or agreement.
23
Constitution of Zimbabwe Amendment (No 20)
Act 2013
24
The Domestic laws in a country i.e. Acts of
parliament and by-laws
25
Constitution of Zimbabwe (2013)
Furthermore, section 46 of the
Zimbabwean Constitution on the
interpretation of chapter 4 of the same
Constitution seems to be directing every
court, tribunal, forum or body in
Zimbabwe to take into account
international law and all treaties and
conventions to which Zimbabwe is a part.
All this would have had more weight and
become mandatory if Zimbabwe had a
clause that automatically domesticates all
international treaties and conventions. As
it is at the moment there should be a
process of domestication of these treaties
and conventions, something that takes
time and resources before we can benefit
from well-developed laws on sexual
harassment found in international human
rights treaties.
CONVENTION FOR THE ELIMINATION OF
ALL FORMS OF DISCRIMINATION AGAINST
WOMEN
In its preamble CEDAW 26 , ratified by
Zimbabwe states as follows;
Recalling that discrimination against women
violates the principles of equality of rights and
respect for human dignity, is an obstacle to
the participation of women, on equal terms
with men, in the political, social, economic
and cultural life of their countries, hampers
the growth of the prosperity of society and
the family and makes more difficult the full
development of the potentialities of women in
the service of their countries and of
humanity,
26
Was Adopted and opened for signature,
ratification and accession by UN General Assembly
resolution 34/180 of 18 December 1979 and
entered into force on 3 September 1981, in
accordance with article 27(1)
10
In terms of Article 10 all state parties are
mandated to take all appropriate
measures to eliminate discrimination
against women in order to ensure to
them equal rights with men in the field of
education and in particular to ensure, on a
basis of equality of men and women: (a)
The same conditions for career and
vocational guidance, for access to studies
and for the achievement of diplomas in
educational establishments of all
categories in rural as well as in urban
areas; this equality shall be ensured in pre-
school, general, technical, professional and
higher technical education, as well as in all
types of vocational training;
In addition, Article 11 (1) b of CEDAW
state parties are obliged to take all
appropriate measures to eliminate
discrimination against women in the field of
employment in order to ensure, on a basis of
equality of men and women, the same rights,
in particular the right to the same
employment opportunities, including the
application of the same criteria for selection
in matters of employment.
To effectively and successfully eliminate all
forms of discrimination against women
requires member states like Zimbabwe to
enact legislation that deals with the
challenge of sexual harassment in TEIs and
at workplaces. As alluded supra 27
Zimbabwe should criminalize sexual
harassment as a way of curbing this social
ill that disrupts proper learning in TEIs in
the country.
SOUTHERN AFRICAN DEV ELOPMENT
COMMUNITY PROTOCOL ON GENDER
DEVELOPMENT
27
Above
The import of the SADC Protocol on
Gender and Development is enshrined
under its founding objectives and of
particular importance is article 3(b) which
states as follows;
To harmonise the implementation of the
various instruments to which SADC Member
States have subscribed to at the regional,
continental and international levels on gender
equality and equity which, amongst others,
are the Convention on all forms of
Discrimination Against Women (1979);
Convention on the Rights of the Child (1989);
the International Conference on Population
and Development (1994); the Beijing
Declaration and its Platform for Action
(1995) the SADC Declaration on Gender and
Development (1997) and its Addendum
(1998); the Millennium Development Goals
(2000) the UN Security Council Resolution
1325 of Women, Peace and Security (2000);
the Protocol to the African Charter on Human
Peoples Rights on the Rights of Women in
Africa (2003); the United Nations Convention
on the Rights of People with Disabilities
(2008); or any other legal instruments that
may be relevant to this Protocol, in order to
accelerate implementation:
Article 22 of the Protocol sets 2015 as
the deadline by which member states
should have achieved the following in their
respective states;
enact legislative provisions, and adopt and
implement policies, strategies, and
programmes which define and prohibit sexual
harassment in all spheres, and provide
deterrent sanctions for perpetrators of sexual
harassment. State Parties shall ensure equal
representation of women and men in
adjudicating bodies hearing sexual
harassment cases.
11
This is prima facie28 proof that the issue of
sexual harassment is therefore well
covered at the international and regional
level and what is left is for state parties
like Zimbabwe to give sound legal effect
to the provisions of the instruments.
Zimbabwe as a state party to the said
international instruments is found wanting
when it comes to adopting and enacting
legislation and other measures to combat
sexual harassment. The most unfortunate
scenario which will surely persist in the
absence of the above is the trivialisation of
the crime of sexual harassment and the
unabated harassment of female students in
TEIs in the country. We have gone past
the deadline that has been set by the
Protocol on Gender and Development.
Implementation, monitoring and
evaluation of the Protocol on Gender and
Development is done in terms of Article
35. Article 35(2) mandates State Parties to
ensure that national action plans, with
measureable time frames, are put in place
and at national and regional monitoring
and evaluation mechanisms are developed
and implemented.
THE PROTOCOL TO THE AFRICAN CHARTER
The Protocol to the African Charter on
Human and Peoples Rights on the Rights
of Women in Africa 29 through Article
12(1)(c) and (d) directs all State Parties to
take all appropriate measures to protect
women, especially the girl child from all
forms of abuse including sexual
harassment in schools and other
educational institutions and provide for
28
Proof at face value. At first appearance, on the
face of things.
29
Adopted by the 2nd Ordinary Session of the
Assembly of the Union on July 11, 2003 in Maputo.
sanctions against the perpetrators of such
practices and (d) provide access to
counselling and rehabilitation services to
women who suffer abuses and sexual
harassment.
When a State Party is directed to take all
appropriate measures to protect the girl
child from all forms of abuse which
includes sexual harassment one would
expect that by now Zimbabwe should
have taken considerable steps in bringing
up legal instruments to protect women.
For instance, our criminal code should by
now be reflecting the urgent need to
protect the girl child and women in
general from the abuses such as sexual
harassment that have been articulated in
the regional and international instruments.
In terms of monitoring and evaluation
Article 26 of the Protocol states as
follows;
States Parties shall ensure the
implementation of this Protocol at national
level, and in their periodic reports submitted
in accordance with Article 62 of the African
Charter, indicate the legislative and other
measures undertaken for the full realisation
of the rights herein recognised.
BEIJING PLATFORM FOR ACTION
The Beijing Declaration and Platform for
Action 30 is a global call to action and a
reflection of the issues and concerns of
the worlds women at the end of the 20th
century. The Beijing Declaration seeks to
advance the goals of equality,
development and peace for all women.
The Platform is not a binding treaty.
There is no enforcement mechanism and
30
This Declaration was done in September 1995 in
Beijing
12
it also does not provide a mechanism for
redress of wrongs.
The Platform however succeeded in
coming up with 12 Critical Areas of
Concern that need to be addressed in
order to achieve political, social,
economic, cultural and environmental
security among all people. Violence against
women is one of those areas that the
Platform dealt with and governments
represented 31 there agreed to do the
following;
Condemn violence against women
and refrain from invoking custom or
religion to avoid obligations under the
Declaration on the Elimination of
Violence against Women.
Punish and redress the wrongs done
to women, whether in the home or
society.
Enact and enforce legislation against
perpetrators of practices and acts of
violence against women.
Educate about equality between men
and women and violence as a human
rights violation.
Train judicial, legal, police, and health
personnel.
Implement the Womens Treaty.
Support the Special Rapporteur on
Violence Against Women.
Governments, NGOs, educational
institutions, and private enterprises
should:
31
The Zimbabwean Government was represented
and participated at the Platform.
Provide well-funded shelters for
women and girls subjected to violence,
as well as counselling, legal aid, and
medical assistance.
Organize and fund information
campaigns and educational programs to
teach everyone about the personally and
socially detrimental effects of violence
and about how to communicate without
violence.
Eliminate sexual harassment.
It is important to note that Zimbabwe has
been very slow in implementing these
action points that it agreed to do within 5
years of the Beijing Declaration of 1995.
Within the realm of enacting legislation
meant to punish perpetrators of practices
and acts of violence against women we
now have the Domestic Violence Act that
was passed well after the stipulated 5-year
time limit. We still need more legislative
reforms to attend to the other action
points from the Beijing Declaration but
there seems to be some gross absence of
the political will to do so.
UNITED NATIONS DECLA RATION ON THE
ELIMINATION OF VIOLEN CE AGAINST
32
WOMEN
This is a resolution of the UNGA passed
in December 1993. The resolution is a
declaration to eliminate all forms of
violence against women in the world. For
the avoidance of doubt Article 2 of the
Declaration defines what violence against
women entails. Article 2 states that;
32
Proclaimed by General Assembly resolution
48/104 of 20 December 1993
13
Violence against women shall be understood
to encompass, but not be limited to, the
following:
(a) Physical, sexual and psychological violence
occurring in the family, including battering,
sexual abuse of female children in the
household, dowry-related violence, marital
rape, female genital mutilation and other
traditional practices harmful to women, non-
spousal violence and violence related to
exploitation;
(b) Physical, sexual and psychological violence
occurring within the general community,
including rape, sexual abuse, sexual
harassment and intimidation at work, in
educational institutions and elsewhere,
trafficking in women and forced prostitution;
(c) Physical, sexual and psychological violence
perpetrated or condoned by the State,
wherever it occurs.
To achieve the elimination of violence
against women State parties have been
encouraged to Develop penal, civil, labour
and administrative sanctions in domestic
legislation to punish and redress the wrongs
caused to women who are subjected to
violence; women who are subjected to
violence should be provided with access to the
mechanisms of justice and, as provided for by
national legislation, to just and effective
remedies for the harm that they have
suffered; States should also inform women of
their rights in seeking redress through such
mechanisms;33
Member States are further mandated to
Recognize the important role of the women's
movement and non-governmental
33
Article 4(d) UN Declaration on the Elimination of
Violence against Women
organizations world-wide in raising awareness
and alleviating the problem of violence
against women; and facilitate and enhance
the work of the women's movement and non-
governmental organizations and cooperate
with them at local, national and regional
levels;34
This Declaration is yet another indication
that a lot has been done at regional and
international level to attend to the
challenge of sexual harassment and the
violence against women in general but
there has been some stagnation at
national level by member states to adhere
to these regional and international treaties
and conventions. There is no reasonable
justification for this failure by State Parties
to implement these recommendations. Its
not an issue of availability of resources but
availability of the much needed political
will to do it.
PROCEDURE FOR REPORTING SEXUAL
HARASSMENT CASES
Reference has been made supra on the
advantages of criminalising sexual
harassment in the country and the most
unfortunate scenario is that there have
not been sufficient legislative reforms to
the point of enacting legislation to that
effect. When sexual harassment is made
an offence i.e. criminalised the procedure
for reporting such cases becomes less
beaurocratic and hectic. It brings in law
enforcement agents and people who are
trained in investigation and impartial
handling of such cases. At regional and
international level there has been
recommendations for Member States to
come up with all measures at their
34
Article 4 (o) and (p) UN Declaration on the
Elimination of Violence against Women
14
disposal to punish acts of violence against
women. The reason why sexual
harassment has been trivialised is precisely
because it is not a criminal offence in
terms of the Code. The trivialization of
sexual harassment has cascaded to
Zimbabwes TEIs, where all most all the
public universities and colleges do not
have sexual harassment policies.
Any attempt by colleges and universities
to address the issue of sexual harassment
must take a holistic approach to the
problem. This would require more than a
general policy of sexual harassment
program, but it would require the efforts
and support of the campus administration,
faculty, employees, and students and the
continual training of all members of the
campus community, as well as a
procedure that encourage, not merely
allows, complaints.35
There should be a zero-tolerance policy
towards sexual harassment to send a clear
message to offenders and would be
offenders in TEIs. In other words, there
must be a clear policy that include the
following;
a) A legal definition of sexual
harassment
b) Behaviour and acts that constitutes
sexual harassment
c) Statement of the campuss
responsibility in investigating and
documenting complaints
d) How false complaints will be dealt
with
e) Identification of individuals
responsible for hearing complaints
35
Joseph J(2015), Sexual Harassment in Tertiary
Institutions: A Comparative Perspective
The policy statement should be issued
every year by college and university
authorities and be displayed on notice
boards. There should be mandatory
training sessions on sexual harassment for
faculty, staff and students every year. TEIs
should enforce these policies to send a
clear message that sexual harassment will
not be tolerated.
FORMAL COMPLAINTS ME CHANISM
The formal complaints procedure should
be displayed prominently on campuses in
TEIs every year and this should be done
by the Students Affairs Department. The
formal complaints procedure should have
the following information;
a) Behaviour and acts that constitutes
sexual harassment
b) In the case of an act of sexual
harassment where does one report to
and what are the other requirements
i.e. should there be a written report
or a verbal one, what happens when
the person you are supposed to
report to is the person who has
harassed you?
c) How false complaints will be handled
by the formal complaints mechanism
d) After making the report what should
be done by the victim of sexual
harassment
e) How the report of sexual harassment
will be handled by the responsible
authorities and the time that will be
taken to conclude the case.
f) Appeal mechanisms available to the
victim if the case has not been handled
to the satisfaction of the victim
g) Other facilities available to the victim
of sexual harassment for example
15
 counselling services and how they can
be accessed.
h) How the formal complaints process
will guard against further victimization
of the reporter?
INFORMAL COMPLAINTS MECHANISM
There are instances when the victim
elects to deal with the matter informally
to avoid unnecessary publicity that can be
generated by making a formal report. To
this end there must be a two-tier
complaints mechanism at each and every
TEIs in the country. The onus of choosing
between the two mechanisms rests with
the victim. For example, the victim of
sexual harassment can be a married
student who does not want her marriage
to break down when the husband gets to
know of the alleged act of sexual
harassment. In the event that they feel
that the matter may be handled informally,
then the officer or committee to which
such report is made may organise an
informal meeting with the complainant
and the alleged offender so that the issue
is amicably handled in their presence and
in confidence.
Any student or employee who believes
that he/she has been subjected to sexual
harassment shall have the right to
choose whether to lodge their grievance
formally or informally depending on the
circumstances. However, if the informal
procedure fails to provide satisfactory
outcomes for the victim they may also
lodge a formal complaint. The informal
complaints mechanism should also provide
for other services such as counselling and
post-traumatic services to the victims.
SANCTIONS AND DISCIPLINARY MEASURES
The level of the sanctions will depend on
the gravity and extent of the harassment
and for purposes of legal certainty every
staff member, students and other non-
academic members should be aware of
the sanctions of sexual harassment. The
sanctions should have the following
characteristics;
a) Act as a deterrent to offenders and
would-be offenders, for purposes of
sending a clear message that sexual
harassment is not tolerated by the
institution.
b) It must be proportional to the act of
transgression committed by the
harasser
c) It must take into consideration the
plight of the victim i.e. it must allow
the victim to explore other available
options in pursuit of justice
d) It should be capable of enforcement by
the Responsible Authorities
As an example, the policy should state
that anyone who has been found to have
committed the act of sexual harassment
on another person shall be liable to the
following sanctions;
a) Written warning
b) Fine
c) Demotion
d) Suspension/Expulsion36
e) Dismissal
REPORTING STRUCTURE
Sexual harassment undermines the integrity
of the academic environment. It is a
36
This is in cognisance of the fact that sexual
harassment can be committed by one student on
another student hence this form of punishment
must be a deterrent to student offender and
would-be offenders
16
discriminatory practice that needs to be
addressed. It is also a problem that is
underreported and under-researched. The
effects of sexual harassment on the victims
are profound. The challenge for all tertiary
institution is to prevent sexual harassment
rather than manage it. These institutions
need to carefully define sexual harassment,
provide explicit grievance policies, training for
students, faculty and staff, create accessible
mechanisms to report cases of sexual
harassment, and effectively respond to
incidences of sexual harassment, and punish
perpetrators who are guilty of sexual
harassment.37
Due to the absence of friendly and
accessible mechanisms to report cases of
sexual harassment the problem of sexual
harassment has grown. However, because
of underreporting and under-research
there are no statistics to corroborate this
narrative.
It then becomes a prerequisite for any
policy on sexual harassment to have a
clear section on the reporting structure
to create certainty to potential and actual
victims of sexual harassment. A clear
reporting structure instils confidence in
the process of arresting this
discriminatory practice. Victims of sexual
harassment end up suffering in silence for
fear of further victimization should they
attempt to report their cases. As
mentioned above, the sexual harassment
policy should be displayed prominently on
campuses every year and there should be
constant training of the teaching staff,
students as well as non-academic staff.
37
Joseph J(2015), Sexual Harassment in Tertiary
Institutions: A Comparative Perspective
A clear reporting structure is of
fundamental importance at this juncture
because sexual harassment is not yet a
criminal offence in terms of the Code
hence the need to make these internal
remedies more effective. To this end, a
clear model reporting structure should be
derived from the following key questions;
a) Where does one report to
immediately after the act of sexual
harassment? What happens if the
officer responsible for handling such
cases is the alleged perpetrator of the
act of sexual harassment?
b) What is the stipulated time within
which such a report is reasonably
expected to be lodged and concluded?
c) What evidence, if any, is required at
the time of making the report? What
kind of information will be recorded
by the officer responsible for handling
such cases and the confidentiality
aspects related thereto?
d) Who will be responsible for the
investigation of the reported cases and
what are the timeframes of such
investigations?
e) At what point will the victim of sexual
harassment can access counselling
services and other related post-
traumatic services?
f) How is the victim of sexual
harassment protected from further
victimisation?
g) If the victim of sexual harassment is
not satisfied with the manner in which
the matter has been handled, to whom
does she make the appeal?
17
IMPLEMENTATION OF TH E POLICY
This policy is a reminder (and a call to
duty) to the Government of Zimbabwe
that not much has been done to date in
terms of implementing and adhering to
the regional and international instruments
on sexual harassment to which Zimbabwe
is a party.38In addition this policy is also a
clarion call to all TEIs in the country that
do not have sexual harassment policies as
has been discovered by the FSNT in one
of their surveys. 39 The FSNT takes this
document as the launch pad for some
serious dialogue with TEIs, policy makers
and the relevant ministry on the issue of
sexual harassment.40
Implementation of this policy means that
from now onwards there should be clear
program of action in TEIs in the country
on how the scourge of sexual harassment
will be addressed, the opening up of a
public discussion on the subject and the
drawing of a road map towards the
38
Zimbabwe is a party to a number of regional and
international instruments, treaties and covenants
addressing the issue of sexual harassment and
providing a clear program of action to state
parties. Refer to section 4.0 on International
Human Rights Instruments
39
The National baseline survey commissioned and
conducted by the FSNT in 2015 has revealed
chilling statistics on sexual harassment, for
example the fact that of the 21 institutions
covered by the survey only 4 had a sexual
harassment policy in place. The absence of sexual
harassment policies in TEIs in the country
relegates the issue of sexual harassment to a social
misdemeanour that is not worth any form of
control or let alone a serious discussion.
40
The FSNT has on numerous occasions been
asked to share their own copy of the sexual
harassment policy every time they raised the issue
of sexual harassment in TEIs and the absence of a
policy to curb the increase in related to that.
elimination of sexual harassment. 41 It also
means starting a public discussion on how
sexual harassment can be criminalised as a
way of sending a clear message to the
community and the offenders that it is not
a trivial issue. The public should begin to
appreciate the advantages of criminalising
sexual harassment as has been mentioned
in recent studies.
This policy document should also be
viewed within the context and framework
of moving towards complying with the
regional and international instruments,
treaties and conventions mentioned
above. It is no longer a matter of having a
sexual harassment policy in place but its
now more about adhering to and being
bound by that policy as we move towards
eliminating sexual harassment. This is a
call to the government and TEIs to put in
place the necessary infrastructure and
create an enabling environment for the
policy on sexual harassment to be
effective.
IMPLEMENTATION FRAMEWORK
The Government of Zimbabwe, policy
makers, TEIs and organisations
representing female students and women
in general should come together and
produce a framework that will address
the following issues;
a) A concise road map depicting how the
issue of sexual harassment will be
addressed and a baseline report on
how far the government has gone in
implementing action points on sexual
harassment as agreed to in the
regional and international conventions
41
As agreed at the Beijing Declaration and
Platform for Action (September 1995)
18
 accessed to and ratified by the
Government of Zimbabwe.
b) Researched data from the civil society
organisations representing female
students and women in general
complete with updated figures and
statistics depicting the extent of the
problem of sexual harassment in TEIs
in the country.42
c) An acknowledgement by the
government that not much has been
done to address the problem of sexual
harassment in the TEIs and the setting
up of a framework to address the
problem.
d) A call by the government through the
relevant ministry compelling all TEIs in
the country to come up with sexual
harassment policies within a stipulated
time frame. This call should be
accompanied by a strong statement of
what the government will do to
enforce the call.
e) A call by organisations representing
female students and women in general
to the government of Zimbabwe to
domesticate 43 all regional and
international treaties and conventions
on the rights of women in light of
section 327 (2)(a) and (b) of the
Constitution of Zimbabwe. The
government should provide clear
timeframes within which this will be
42
Sexual harassment is a field that has been
under-researched and underreported in the
country and worldwide.
43
The process of making the international treaties
and conventions enforceable under Zimbabwean
law. At the present moment section 327 of the
Constitution bars automatic application and
enforcement of the international treaties until
they are enacted into our law through acts of
parliament.
achieved for purposes of monitoring
and evaluation by the civil society.
f) The road map mentioned under (a)
should also have a detailed plan on the
need to criminalize sexual harassment
in light of the numerous advantages
associated with that.
STAKEHOLDER BUY-IN
For any policy to be effective there must
be stakeholder buy-in. In coming up with a
proper sexual harassment policy the
following stakeholders should be
consulted for input;
a) The students in most cases female
students are the victims of sexual
harassment usually perpetrated by
lecturers and their fellow male
students. However, there are also
instances when female students trigger
situations of sexual harassment and
cry victim.44
b) University and College Lecturers- in
most of the studies and researches on
sexual harassment these have been
singled out as the perpetrators of the
crime of sexual harassment.
c) University and College Authorities-
every college or university has got a
governing body responsible for the
smooth running of these institutions.
These governing bodies have a role to
play when it comes to the
44
As mentioned in recent studies quoted above
(According to Imonikhe, Idogho and Aluede (2011),
there are female students who can push
themselves to sexual harassment by seducing male
tutors or lecturers to assist them to write their
examination or be awarded unwarranted grades in
the examination. Through seductive behaviour,
female students may insist requests for dinner,
drinks or dates, persistent excuses when they have
missed deadlines for submission of assignments,
phone calls and other invitations (Finn, 2004))
19
 implementation of policies and in TEIs in the country and the
procedures. Their involvement from effectiveness of the policies adopted.
drafting and implementation of the
Monitoring, reporting and Evaluation is a
sexual harassment policy is key and of
fundamental importance. key component of every project design
and implementation. The M&E plan will
To this end, these stakeholders should
come together for coming up with an provide information that will enable
effective sexual harassment policy. The systematic tracking of the progress and
FSNT, through lobbying and advocacy will
will help inform programme decision on
appeal to the above-mentioned
stakeholders at institution level in its push implementation. Thus, the M&E plan will.
for the adoption of sexual harassment
policies. Assess program progress and
achievement of objectives
STAKEHOLDER ADOPTION OF THE POLICY
Provide data and information for
The FSNT intends to lobby the relevant
decision making, reporting and
parliamentary portfolio committee,
ministry and the government for the accountability
adoption of sexual harassment policies in Identify challenges and provide
the countrys TEIs. The policy should
possible corrective measures
adhere to action points found in regional
and international human rights Track the implementation of the
instruments pertaining to sexual program and establish performance
harassment and the rights of women in
against set targets
general. The government should provide a
broad policy thrust to create an enabling
THE MONITORING AND EVALUATION
environment to address sexual FRAMEWORK
harassment.
The FSNT, through their M & E Officer
will design a monitoring and evaluation
framework to be used in assessing the
MONITORING, REPORTIN G AND results and progress recorded. To this
EVALUATION end there will be regular monitoring and
There will be constant monitoring, evaluation of the broad areas identified
below as the FSNT pushes for the
reporting and evaluation by the FSNT on;
adoption of sexual harassment and its
the adoption of sexual harassment policies total elimination in TEIs in Zimbabwe.
in TEIs in Zimbabwe, handling of cases of
REPORTS ON PROGRESS
sexual harassment by these institutions,
There shall be periodic reports of
yearly comparative schedules of such progress in terms of the following broad
cases, statistics of sexual harassment cases issues;

20
a) The domestication of regional and
international human rights
45
instruments that have been accessed
to and ratified by the Government of
Zimbabwe in line with section 327 of
the Constitution. Domestication will
allow the judiciary to rely on these
regional and international instruments
when dealing with cases of sexual
harassment in our courts in line with
section 327(6) of the Constitution
which states;
When interpreting legislation, every court and
tribunal must adopt any reasonable
interpretation of the legislation that is
consistent with any international convention,
treaty or agreement which is binding on
Zimbabwe, in preference to an alternative
interpretation inconsistent with that
convention, treaty or agreement.
b) The adoption of sexual harassment
policies by TEIs in the country in
light of the findings of the baseline
survey which showed that very few
TEIs in Zimbabwe have effective and
functional sexual harassment
policies.
c) The criminalization of sexual
harassment as well as its total
elimination. As the codification of
criminal law continues under the
45
Convention on all forms of Discrimination
Against Women (1979); Convention on the Rights
of the Child (1989); the International Conference
on Population and Development (1994); the Beijing
Declaration and its Platform for Action (1995) the
SADC Declaration on Gender and Development
(1997) and its Addendum (1998); the Millennium
Development Goals (2000) the UN Security Council
Resolution 1325 of Women, Peace and Security
(2000); the Protocol to the African Charter on
Human Peoples Rights on the Rights of Women in
Africa (2003); the United Nations Convention on
the Rights of People with Disabilities (2008);
Criminal Law (Codification and
Reform) Act Chapter 9:23 there is
hope that the legislature will make
sexual harassment a criminal offence
in line with other jurisdictions in
Africa and the world.46
UPDATING THE POLICY
The FSNT will constantly update this
policy in light of national, regional and
international developments on the subject
covered. Furthermore, this will also be
informed by progress in the fight against
sexual harassment in the country.
TRAINING MODULE FOR HANDLING CASES
OF SEXUAL HARASSMENT
Article 4 (o) and (p) of the UNGA
Declaration on the elimination of all forms
of violence against women in the world
has made a call to all member states to
Recognize the important role of the women's
movement and non-governmental
organizations world-wide in raising awareness
and alleviating the problem of violence
against women; and facilitate and enhance
the work of the women's movement and non-
governmental organizations and cooperate
with them at local, national and regional
levels 47 It is within the realm of this
context that the FSNT will come with a
training module to be used in TEIs in
Zimbabwe on the following key areas of
sexual harassment; ABC of sexual
harassment, forms of sexual harassment,
46
The FSNT will take advantage of its sound
relationship with the policy makers to push for the
criminalization of sexual harassment by adding it
to the Code. In other jurisdictions for example
France sexual harassment is now a criminal
offence
47
UN General Assembly resolution 48/104 of 20
December 1993
21
reporting mechanisms, disciplinary
procedures, counselling and psychosocial
support centres for victims etc. This
module is meant to equip university and
college authorities and improve their
capacity of handling such cases.48

48
As an under-reported and under-researched
area there is not much of information in the field
of sexual harassment.
22
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