LocationsEfficient Disposal of GBV Cases Earn Zambia Praise
June 27, 2018
Ndola GBV User Friendly Fast Track Court
The efficient disposal of Gender-Based Violence (GBV) cases through the establishment of the GBV and User-Friendly Fast Track Courts (FTC) in Zambia has earned the country and UNDP praise and recognition as a regional hub for learning on the implementation of GBV interventions amongst regional judiciary departments.
During a courtesy call at the UNDP offices, Honourable Judge Leila Mgonya from Tanzania Association of Women Judges (TAWJ) said, “what we have seen in Zambia is a clear demonstration of UNDP’s commitment to assist the country overcome the challenges of protracted legal battles of GBV cases. From Ndola to Lusaka, we have seen what has been done and the help that has been rendered by UNDP. We believe that by helping Zambia, UNDP is also helping us. We want to also benefit from the collaboration because we have seen how the legal framework and GBV Fast Track Courts have become a reality UNDP provided to Zambia.”
According to Hon. Mgonya, the visit, which included tours to the GBV FTC in Ndola, Kabwe and Lusaka, was inspired by UNDP’s presentation at the high-level international conference on Gender and the Judiciary in Sub-Saharan Africa in Arusha, which was held in June 2018 in collaboration with The World Bank and the Tanzanian Judiciary. She said her team was encouraged by the presentation and decided to include Zambia on the study tour.
The entourage was led by Hon. Leila Mgonya who was accompanied by Hon. Mwingira Anipha Judiciary Public Relations Officer, Mrs. Kalumba Slavin and Mr. Peter Chongo from the Judiciary department.
During the study tour, TAWJ made a courtesy call on the UNDP Resident Representative, ai, Mr. Israel Dessalegne, who pointed out that UNDP valued the visit from the Tanzanian judges. He said that the two countries have enough similarities that originate from the pre-independence era, their cultures and traditions including most recently their economies. The GBV Fast Track Court Study Tour adds yet more similarities that the two countries can collaborate and share experiences on.
He explained that, “the project, as facilitated by UNDP, was critical in ensuring that women could access effective justice. As Zambia we are delighted to provide the necessary assistance taking into consideration the socio-economic and cultural linkages that the two countries share.”
Meanwhile, UNDP, through the Gender Specialist, Mrs Shupe Makashinyi shared a presentation on the establishment of the FTC in Zambia. She gave a comprehensive historical background to the project as she linked it to the enactment of the anti-GBV Act No.1 of 2011. This, in addition to the fact that the GBV statistics proved the need for an innovation that would contribute to reducing the high rise of GBV cases, inspired UNDP in partnership with other UN agencies, Civil Society Organisations (CSOs) and the Government of Zambia (GRZ) to implement a project that aimed to:
- Provide a conducive environment for both the accused and witness;
- Ensure quick and effective disposal of GBV cases by reducing trial time; and
- Contribute to Zambia’s CEDAW commitment and other treaties.
“What triggered the establishment of the Fast Track Courts was the enactment of the Anti-GBV Act No. 1 of 2011, which saw a strong team of the Zambia Women’s Association of Judges embark on an extra-ordinary campaign to pave way for the establishment of the fast track courts, which were also inspired by what was seen in Ghana, Liberia, Kenya and South Africa.”
The country at that time was experiencing high GBV cases; in 2012 there were over 12, 000 cases whilst by 2018 there were over 21,500 cases countrywide. Whilst there has been no study to rationalize the cause of the escalating number of cases, Mrs Makashinyi explained that a study in the second phase of the Joint GRZ-UN GBV Programme will help unravel the reasons behind the increase.
However, she said that the FTC had contributed to reducing the duration of case disposal from over 12 months (and even 36months in some cases) to 71 days. Citing the Honourable Chief Justice, Ireen Mambilima, Mrs Makashinyi said that the shortest time for a case disposal was a day.
“We are very proud with this achievement it encourages us to continue with the fight against GBV. Before the intervention we saw that cases were taking as long as 36 months, but now we are seeing cases last for the most 71 days with the shortest period experienced, being a day”, she said.
Citing the benefits that have arisen from the FTC, Mrs Makashinyi said that the separation of the witness room from the perpetrator had made the court environment, conducive for both the witness and the perpetrator, who at this point would be innocent until proven guilty. She emphasized that the separation recognized cultural concerns that could easily hinder women from freely testifying in GBV cases.
The FTC have proven great success. However, a few challenges were experienced and have since been considered in the second phase of the project. These include the cost of the infrastructure, which included security matters, capacity-building issues, associated information technologies, sustainability and lack of GBV Safe Houses (Shelters) for survivors.
She said all these challenges have since been addressed in the second phase of the project.
The study tour by the TAWJ included Ndola, Kabwe and Lusaka Fast Track Courts, which were all supported by the GRZ-UN Joint Programme on Gender-Based Violence (JP-GBV), which was intended to increase access to justice for survivors of GBVs.
There are six Fast Track Courts on GBV in six provinces with expectation to roll-out more similar projects in the remaining four provinces.
The fast-track courts demonstrate an important commitment to gender equality and equity because they strategically challenge the negative tradition and cultural norms and practices that contribute towards silencing women from speaking about GBV cases.
Ensuring Gender equality is one of UNDP’s focus areas. It is the agency’s normative role in the country to address access to justice including pushing SDG 5 (Gender Equality) and SDG 16 (Peace, Justice and Strong Institutions) agendas.
