Sara Moyo, chairperson of the Zimbabwe Women Lawyers Association, said in a recent interview that different cultures had varying views regarding abortion, hence the lack of consensus on what the law should provide for women in need of lawful termination of pregnancy caused by rape and other factors.
Some cultural practices allow pregnant women to seek abortion services from community elders despite the consequences.
“Given the conflicting views in this regard, we feel that women and concerned men should find common understanding and lobby for amendments to the Termination of Pregnancy Act, which has some undesired provisions.
“Restrictive gaps in the Act make it difficult for victims of rape and other forms of unlawful intercourse to access emergency contraceptives within the shortest possible period,” said Moyo, adding that the law was not clearly explained to people.
Present law
Under the present law, pregnancy can only be terminated where there is reasonable possibility that a child has been conceived as a result of unlawful intercourse, where the continuation of the pregnancy endangers the life and health of the woman concerned, and where there is serious risk that the child to be born will suffer from a physical or mental defect of such a nature that he will permanently be seriously handicapped.
The pregnancy would be terminated by a medical practitioner in a designated institution with the permission in writing of the superintendent. A certificate of termination would be signed by a magistrate of a court in the jurisdiction of which the pregnancy is terminated, after he is satisfied that the termination requirements are met.
Women generally are ignorant of their right to terminate such pregnancies. Moyo said the law should be amended and people should be properly informed. The requirement for a police report among other bottlenecks before pregnancy is terminated impacts negatively on rural communities, where people have to travel long distances to make such reports.
Fight for rights
Sarudzai Njerere, a lawyer, said women should fight for the right to control their reproductive activities, since the state ‘does not own female reproductive organs’. She said tight pregnancy termination laws contributed to high levels of unsafe abortions around the country.
“Other qualified medical personal should be licensed to terminate pregnancy. It should not be the preserve of medical doctors,” said Njerere, pointing out that this would help make terminations accessible to the needy.
Alarming levels
Jimmy Wilford, executive director Students and Youth Working on Reproduction Health Action Team, blamed the current state of the Pregnancy Termination Act for the ‘alarming’ rise in backyard abortions at institutions of higher learning.
“Research has shown that unsafe back street abortions are on the increase. Promiscuity has reached alarming levels due to prevailing harsh economic conditions while lawful abortions needed tiresome screening, hence the rise in dangerous abortions,” noted Wilford.
Medical experts and women’s groups suggested that the Act should be amended to make it possible for pregnancy to be terminated without consent of a magistrate, to expedite the process. Law professors at the University of Zimbabwe pointed out that in countries such as Botswana, a medical practitioner can terminate pregnancy emanating from rape without going the legal route.
Zimbabwe Women Lawyers Association gave a classic example of a rape pregnancy which resulted in child birth due to bottlenecks in the abortion process.
Gang raped
The case involved Mildred Mapingure who was made to wait for the rape trial to be concluded before she could be administered the emergency contraceptive.
According to the account, Mapingere reported at Chegutu Police on April 4, 2006 that she had been gang raped, but was made to shuttle between the police station, doctors and the magistrate courts for days on end, before receiving the preventive medication.
She finally managed to get the necessary magisterial certificate on September 30, 2006, by which time the hospital matron assigned to carry out the termination felt it was no longer safe and declined to do so. Mapingire was let down by the system and went on to give birth to her child on December 24, 2006.
This was one of the many reasons why ZWLA and other likeminded stakeholders would want a common understanding between cultures and lobby for amendments to the Act.
Studies have revealed that some 60,000 – 80,000 unsafe abortions are performed in Zimbabwe every year. During the first half of this year over 2,000 women under 25 years sought post-abortion care services at Harare Hospital.
According to the World Health Organisation an estimated 5 million women are hospitalised each year across the world, for treatment of abortion-related complications such as haemorrhage.
Post published in: News