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Is Sex Consensual if She’s 16?

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BY GAMUCHIRAI MASIYIWA 

When a friend offered her a place to stay, Pamela said yes impulsively, without asking any questions. This was months after she left her home in rural Masvingo in southeastern Zimbabwe, escaping her abusive stepmother. She initially worked as a domestic helper in Harare, but within six months, her employer let her go, saying she did not have money to pay her. After losing her job, Pamela was desperate to find a place to live and food to eat. Just then, she remembers her friend saying in Shona: “Unongoitawo yandiri kuita.” (“Just follow my lead and do what I do.”)

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It was only when Pamela moved in with her friend, whom she had met while fetching water at a community borehole in an informal settlement south of Harare, where they both lived, that she realized the woman was a commercial sex worker. The woman took Pamela to a low-cost nightclub, commonly found in high-density areas here, and told her she could sleep with older men and get paid in return. Pamela followed her friend’s lead. But one day, one of the clients she picked up at a bar — after his paid session was over — forced himself on Pamela without protection and raped her. Before she could even make sense of the abuse she went through, the 16-year-old realized she was pregnant. Pamela, now 18, prefers to use only her first name for fear of stigma.

While child protection laws in Zimbabwe protect children under the age of 16, they crowd out those like Pamela who fall in the bracket between 16 and 18 years of age. In 2020, just around the time Pamela met the man who raped her, the government was taken to court by two activists challenging the constitutionality of certain sections in the Criminal Law (Codification and Reform) Act with respect to sexual exploitation of children in the country. In 2022, the highest court in the country struck down as unconstitutional provisions in the act that put the age of consent for sex at 16, conflicting with the legal age for marriage at 18. The court gave the government one year from June 2022 to set a law that protects all children from sexual exploitation in accordance with the Zimbabwe Constitution. Until then, those like Pamela who end up impregnated — or, as happens in many cases, married off at an early age — fall between the cracks, with no legal protection.

Someone Pamela confided in suggested she go to the police and report the rape, but the teenager wasn’t sure how she could explain her situation or her choices. Not only did she think she “chose” this life for herself, the man who raped her threatened her, saying if she ever spoke about this to anyone, she’d have to pay a heavy price.“There is a thin line between consensual sex and sex exploitation,” says Rudo Magwanyata, advocacy and research coordinator at Shamwari Yemwanasikana, a community-based organization that advocates for girls’ rights. The biggest challenge, she says, is that in Zimbabwe age of consent, which refers to the minimum age at which a person is considered to have the legal capacity to consent to sexual intercourse, is 16. “Because she is 16, she can consent. But that doesn’t mean that she is having consensual sex. She does it for the promised benefits that come after,” Magwanyata says.

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No one forced her into sex work, but Pamela says she didn’t have a choice either. She and her friend pooled their earnings to pay for rent and food. The work didn’t pay much. At most, she would get $5 and sometimes it was as little as $1.50. “But I had no other choice because I needed the money,” Pamela says.

On average, 646 women are sexually abused in Zimbabwe every month, and 1 in 3 girls are raped or sexually assaulted before they reach the age of 18, according to a 2020 brief published by the International Commission of Jurists, an organization that protects and promotes human rights through the rule of law. Caroline Masibango, a paralegal at Justice for Children, a nongovernmental organization that provides legal aid to children, says it’s not easy to seek justice in such cases because of the lower age of consent law. “When you come across such cases, sometimes you end up leaving them, just because there is no real assistance that is there for them,” says Masibango. She says in the end, left on their own, these children end up getting pregnant, dropping out of school or trapped in marriages that are often abusive.

During the country’s coronavirus lockdown in early 2021, nearly 5,000 teenagers became pregnant. In August 2020 the country amended the Education Act to prohibit state schools from expelling pregnant students. Still, according to the 2021 Primary and Secondary Education Statistics Report, 29,593 girls out of 549,504 — over 5% — dropped out of secondary school that year.

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Even if the law prohibits their expulsion, “the societal stigma” forces these girls out of school, says Kudzai, another single teenage mother who also prefers to use only her first name. She says as soon as she realized she was pregnant after being raped by her neighbor for months, she quit school because she had become a “laughingstock,” and people’s constant ridiculing stares depressed her. Just like Pamela, Kudzai is also barely making ends meet, particularly since there is now another mouth to feed. When her neighbor raped her, Kudzai was 15 years old, giving her legal protections; but like Pamela, she didn’t report the case to police. “My aunt said because I willingly went to the man’s house, it was not possible to report the matter to the police,” she says.Debra Mwase, programs manager at Katswe Sistahood, a movement that advocates for young women’s sexual and reproductive health rights, says in a relationship, the man can force a child who is at least age 16 to have sex and then use the defense that they were in a relationship and had agreed to have sex. “What worries me the most is that most of these people are in a position of authority, and children respect people in authority,” she says.

Meanwhile, the clock ticks on the 12-month deadline for a new law. “Time is fast running out, and the government may not be able to come up with the law within the set-out timeline,” says Lovemore Madhuku, a professor at the University of Zimbabwe’s faculty of law.

Before the deadline arrives, the government must consult all stakeholders, publish a proposed bill and present the bill in Parliament. All this can take months or years, depending on the level of debate and interest of politicians in the bill. If no headway is made, the government will have to seek an extension or be in contempt of court.

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The Ministry of Justice, Legal and Parliamentary Affairs, charged with drafting the proposed law and presenting it to Parliament for approval, did not respond to repeated requests for comment.

Sitting inside a small wooden structure in Hopley, an informal settlement in the south of Harare, Pamela holds her 1-year-old daughter. The young mother’s green blouse is torn and her face is frail. “I am now surviving on scavenging for plastics which I sell to recycling companies. I get about from $1 to $1.50 a day, but it’s not enough to cater for my needs,” she says. What she earns now is only enough for barest survival, and far from what she had imagined her life to be. As a child, she dreamed of becoming a teacher. Today, instead of blaming her abuser, she wishes her life had been different. “Maybe if I had the guidance of my mother, if my mother was alive, I would not have ended up where I am now,” she says.Global Press Journal 

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Leaders commit to creating pathways for transformative education, skills development for children

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BY SIRAK GEBREHIWOT

Victoria Falls – A historic gathering of seven Southern African leaders, international representatives, over 7000 children and youth took place at Baobab Primary School in the resort town of Victoria Falls to commemorate regional World Children’s Day.

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The event, attended by dignitaries from across the southern Africa region, emphasized universal dedication to the rights and welfare of children, guided by the UN Convention on the Rights of the Child.

His Excellency President Emmerson Mnangagwa of Zimbabwe extending warm welcome to delegates, underlined the unity and shared goals of the Southern African Development Community (SADC). “Today is a powerful reminder of our collective duty to protect the rights of all children,” he affirmed.

President Mnangagwa’s speech underscored the importance of providing children with quality education and resilience against climate change, all while fostering their sense of identity and pride in their African heritage.

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The President expressed gratitude to regional counterparts, particularly President Duma Boko of Botswana, for participating in Zimbabwe’s festivities. In a gesture of regional solidarity, he acknowledged, “Though we hail from different nations, we share a common vision for a vibrant, educated, and united Africa.”

Mr. Edward Kallon, the UN Resident and Humanitarian Coordinator for Zimbabwe, echoed the President’s sentiments. He stressed the significance of this event as a platform to emphasize children’s rights, aligning with the Sustainable Development Goals.

“The UN2.0 and its quintet of change—embracing innovation, technology, and inclusivity—guides the United Nations renewed mission towards a brighter future for all children,” Mr. Kallon stated.

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He underscored the UN’s reinvigorated strategy, UN 2.0, aiming for transformational change with children at its core. Kallon called on all stakeholders to remain accountable to the children’s Call to Action, reinforcing the imperative to incorporate young voices in policymaking processes and national development programmes.

Education: A Pillar for Progress

UNICEF Regional Director, Ms. Etleva Kadilli, focused on the transformative power of education. She recognized strides made in various SADC countries that have prioritized digital learning, inclusive education, and curriculum reform. “These advancements illustrate that when governments and educators listen to children and act, significant progress can be achieved,” Ms. Kadilli underlined.
Kadilli acknowledged the persistent challenges facing sub-Saharan Africa, where educational disparities remain stark. She encouraged children present, stating, “Your voices are vital. When you speak, you not only shape your future but ours as well.”

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Collective Regional Pledge

His Excellency President Duma Boko of Botswana accepted the honor of hosting the next World Children’s Day commemoration. He pledged his administration’s dedication to addressing the needs and aspirations voiced by the children and youth. “We stand ready to work with you, empowering our children to lead with wisdom and courage,” President Boko assured.

Senior officials from Zambia, Namibia, Mozambique, Malawi, and South Africa echoed these commitments. They affirmed their governments’ resolve to enhance children’s access to quality education, healthcare, and social protection, reinforcing their rights as a priority.

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Empowering Through Culture and Heritage

The celebration also spotlighted the role of arts, culture, and heritage in building inclusive societies. President Mnangagwa stressed the importance of embracing cultural identity and utilizing natural resources to foster development and unity. “Let us, together, promote our unique cultural products and enhance our children’s understanding of their heritage,” President ED Mnangagwa encouraged.

Combating Emerging Threats

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Addressing contemporary challenges such as climate change and drugs and substance abuse, President Mnangagwa reaffirmed Zimbabwe’s commitment to combating these issues through strategic initiatives like the Presidential Borehole Drilling Scheme and the establishment of Child-Friendly Courts. “Our measures ensure that all children, particularly the vulnerable, have their rights upheld and their futures secured,” he stressed.

A Call to Action and Hope

Ms. Etona Ekole, UNICEF Representative for Zimbabwe said, “This World Children Day, I am incredibly proud to see children from Botswana, Namibia, Malawi, Mozambique, South Africa, Zambia, and Zimbabwe raising their voices for change. Their Call-for-Action is a testament to the power of listening to children and investing in their future.

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The event underscored a unified call to invest in children as Southern Africa’s future leaders. With collaborative resolve, the leaders and stakeholders committed to translating discussions into concrete actions, guided by the insights and demands of the children and youth.

Facilitating a call to action from children and youth representatives across seven countries, Ms. Sithabile Mtigo, Speaker of the Junior Parliament of Zimbabwe, highlighted the critical role of young advocates throughout Africa. She declared, “We are the leaders of both the present and the future for Africa.”

The Regional World Children’s Day served as a reminder of the shared journey towards a future where every child’s rights and potential are realized, and every opportunity leveraged.

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The commitment made in Victoria Falls to “Educate and Skill the African Child for Posterity” is not only a theme but a driving mission as the African continent marches towards a brighter, more inclusive tomorrow.

SOURCE: Sirak Gebrehiwot is UN Partnerships and Development Finance Advisor at the UN Resident Coordinator’s Office in Zimbabwe

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Botswana’s president concedes defeat in election, ending ruling party’s 58 years in power

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BY STAFF REPORTER

Botswana’s President Mokgweetsi Masisi conceded defeat in the general election Friday, in a seismic moment of change for the county that ended the ruling party’s 58 years in power.

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Masisi’s concession came before final results were announced, with his Botswana Democratic Party trailing in fourth place in the parliamentary elections.

The main opposition Umbrella for Democratic Change held a strong lead in the partial results, making its candidate, Duma Boko, the favorite to become president of a southern African country that is one of the world’s biggest producers of mined diamonds.

Masisi said he had called Boko to inform him he was conceding defeat.

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“I concede the election,” Masisi said in an early-morning press conference two days after the election. “I am proud of our democratic processes. Although I wanted a second term, I will respectfully step aside and participate in a smooth transition process.”

“I look forward to attending the coming inauguration and cheering on my successor. He will enjoy my support.”

Masisi’s BDP dominated politics in Botswana for nearly six decades, since independence from Britain in 1966. The nation of just 2.5 million people will now be governed by another party for the first time in its democratic history.

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SOURCE:AP

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Zambia offers health care to Zimbabweans — but for how long?

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Illustration Credit: Wynona Mutisi for Global Press Journal

BY GAMUCHIRAI MASIYIWA

Summary: Zambia is as generous with patients from neighboring Zimbabwe as it is with its own citizens. That could mean problems for both countries.

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This story was originally published by Global Press Journal.

MASHONALAND WEST, ZIMBABWE — When Dube was diagnosed with gallstones in 2013, the public hospital in Zimbabwe recommended surgery costing close to 4,000 United States dollars. She couldn’t afford that.

 

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A friend suggested she go to Zambia, about 150 kilometers (94 miles) to the north. There, the friend said, treatment would be cheaper.

 

Over the past decade, Dube has gone to Zambia multiple times for medical treatment. Her most recent trip was in June. Treatment is cheaper there, she says, but the level of care is also far better than what she would get at home. Dube asked that Global Press Journal use her totem name, a symbolic representation of ancestral lineage, out of concern about Zimbabwe’s Patriotic Bill, which discourages criticism of the government.

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In the 1980s, Zimbabwe had one of the best health care systems in sub-Saharan Africa. But over the years, this glory has faded. An ongoing economic crisis spanning over two decades has left the health care system scrambling to meet the needs of its population. Skilled health care workers have left in droves, drawn to opportunities abroad. More than 4,000 health care workers left Zimbabwe in 2021 and 2022 alone, according to government statistics. By late 2022, Zimbabwe had about 1,700 doctors and about 17,200 nurses to serve a population of 15 million people.

 

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Just as health care workers are leaving the country, so are patients.

 

Over the past decade, Zimbabweans have spent more than 4 billion US dollars on cross-border medical migration. Annually, more than 200,000 Zimbabweans spend around 400 million US dollars on specialized medical treatment abroad. India, China, Singapore and South Africa are the main destinations.

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But an increasingly popular choice is neighboring Zambia. In April alone, the International Organization for Migration surveyed over 260 people migrating from Zimbabwe to Zambia. When asked why they were traveling, 42% stated that it was to access better services — health being the top priority.

 

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Precise data is hard to come by, but anecdotal evidence from sources who spoke to Global Press Journal, including border officials, points to a growing trend, raising questions about Zambia’s ability to manage the influx, and the future of health care in Zimbabwe.

 

The choice of Zambia

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Zambia and Zimbabwe allocated nearly the same amount of money to their health sectors in 2024, even though Zambia is home to 4 million more people. With that budget, it’s an unlikely alternative to the Zimbabwean healthcare system. And in Africa, it’s South Africa and Kenya that are top destinations for medical tourism.

 

But the border with Zambia isn’t far for many Zimbabweans, making the cost of travel low and the process of crossing the border usually straightforward. A person needs either a passport or a pass issued at the border for just 1 US dollar, says Morgen Moyo, assistant regional immigration officer at the Chirunduborder post.

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Even without documentation, immigration officials will at times let those seeking health care pass through. “Zambians prioritize life,” Moyo says.

 

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It’s not only about convenience. Zambia offers free primary health services, including basic treatment, preventative care, vaccinations and maternal health care services, according to the 2022-2026 Zambia National Health Strategic Plan.

 

While these free services are not available to foreigners long-term, they can access them in emergencies within the first 24 to 48 hours in the country, says Dr. Kennedy Lishimpi, permanent secretary of administration for the Zambian Ministry of Health. Foreigners are expected to pay for Zambian health care after that timeframe.

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In practice, though, Zambian health workers rarely charge foreigners, according to a 2019 study paid for by the US Agency for International Development, known as USAID.

 

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“You wouldn’t want to see somebody from Zimbabwe, for instance, getting to Zambia and not accessing a service and then they end up dying. That is not good. Similarly, we expect that our sister countries do the same to our citizens when they are there,” Lishimpi says.

 

Dr. Mwanza, a Zambian doctor who chose to use only his last name for fear of retribution, says availability of surgical and specialist services in Zambia drives medical migration. In Zimbabwe, these services are rarely available outside of the large provincial and central hospitals. In 2019, for example, about 10% of district hospitals could provide basic surgeries, compared to 83% of provincial and central hospitals, according to a Zimbabwe health ministry assessment.

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When Mary Chipfuvamiti’s son broke his arm in June, she says she chose a hospital in Zambia — about 93 kilometers (nearly 58 miles) from her home — over local options. She suspected the local hospital’s X-ray machine wouldn’t be working, and they would likely refer her to a private facility where an X-ray would cost her 40 US dollars.

 

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“I only had 30 dollars on me,” she says. In Zambia, the total cost came to about 12.50 US dollars.

 

A case for Zimbabwe

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Things haven’t always been like this in Zimbabwe. Before the country’s economy took a downturn, it offered free health services in the 1980s to low-income earners. About 90% of the population fell in that bracket.

 

In the early 1990s, the government introduced user fees in public health facilities as part of the austerity measures imposed on the government by the International Monetary Fund to reduce government expenditures. Currently, free health services are offered only to pregnant and lactating mothers, children under age 5 and adults over 60.

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The economic crisis continues to strain what remains of the health care system. Hospitals struggle with obsolete infrastructure. Shortages of medicines and supplies in public health facilities are the norm.

 

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And although Zimbabwe and Zambia have similar health budgets, Zimbabwe’s treasury sometimes delays funds disbursement, says Norman Matara, secretary general for the Zimbabwe Association of Doctors for Human Rights.

 

That was the case in 2021, when the health ministry by September had used just 46% of its budget allocation for the fiscal year due to late disbursement of funds, according to a 2024 situational report by the Zimbabwe Coalition on Debt and Development, a nongovernmental organization that advocates for socioeconomic justice.

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“There is a mismatch between the money that is put on the budget and what is being received by the health institutions,” Matara says. Reasons include hyperinflation and currency rate fluctuations, he adds.

 

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Comparing health services across countries is unfair, says Donald Mujiri, a Zimbabwe health ministry spokesperson. “Each country has its set standards and pricing.”

 

He doesn’t think this migration of patients reflects poorly on Zimbabwe’s health care system. “We have all the services in the country, and they are adequate to serve the people,” he says, adding that people are free to seek health care where they want.

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Mujiri did not address questions regarding the late disbursement of funds.

 

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The cost of the journey

These journeys to Zambia come with challenges.

 

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Dube recalled her trips along the bumpy Harare-ChirunduHighway that connects the two countries, when every bump caused piercing pain.

 

In 2019, six years after her initial treatment in Zambia, she began experiencing severe pain. She went to a hospital in Harare for treatment, but a few months later the pain resurfaced. By that time, there was a health care strike at home, forcing her back to Zambia for treatment. Then in 2023, Zambian doctors discovered metal clips from her earlier surgery in Zimbabwe were piercing her liver. She returned to Zambia in January this year for corrective surgery, and again in June.

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Health care experts warn that such journeys can be especially risky for patients who undergo surgery. If a surgery is performed in Zambia and there is no proper follow-up, there can be complications if doctors in Zimbabwe are unaware of previous procedures or tests, says Mukanya, a health expert working in a Zimbabwean hospital who chose to use his totem, fearing that speaking to the media would cost him his job.

 

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In the case of misdiagnosis or malpractice in a foreign country, it’s difficult to get recourse. “In most cases you are powerless because you don’t know the [reporting] process and approaching a lawyer may require money,” he says.

 

Medical migration also comes at a cost to Zambia. The influx of patients complicates health planning, leading to shortages of essential medications and making it difficult to allocate resources effectively, according to USAID. The agency’s report recommends the Zambian government create a fee-for-service system to discourage foreigners from seeking free health care, but doctors in Zambia don’t seem to agree.

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“Most health care providers interviewed stated that they would continue to provide services free of charge should a foreign patient be unable to pay,” according to the USAID report.

 

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Lishimpi, the Zambia health ministry official, had no comment on the report’s concerns.

 

Dube, who is recuperating at home, is uncertain about the solutions. But she thinks the Zimbabwean government needs to prioritize fixing her country’s health care system. “I don’t know how best we can help our hospitals, but if there was any other way, I think they should consider the health sector more than anything else because we are talking of human life,” she says.

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Gamuchirai Masiyiwa is a Global Press Journal reporter based in Harare, Zimbabwe.

 

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Global Press is an award-winning international news publication with more than 40 independent news bureaus across Africa, Asia and Latin America.

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