Abortion in Zimbabwe

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Abortion in Zimbabwe is available under limited circumstances.

illegal abortions
are performed in Zimbabwe each year.

Terminology

The Termination of Pregnancy Act defines abortion as "the termination of a pregnancy otherwise than with the intention of delivering a live child."[3]

History

Before 1977, abortion in Zimbabwe (then

gynaecologists at Bulawayo Central Hospital.[7]

With the advent of the women's liberation movement in Rhodesia in the early 1970s, debate over the country's abortion law increased.[7][8][9] In July 1976, the government's Commission of Inquiry into the Termination of Pregnancy in Rhodesia published its recommendations that some restrictions on abortion be loosened.[9] In the report, the commission acknowledged that "perhaps the majority of younger Rhodesians wish to see abortion laws liberalized."[9] The commission recommended that abortion be permitted under the following conditions:[7]

  • "Where the continuation of the pregnancy constitutes a danger to the life of the mother and termination is necessary to ensure her life;
  • "where the continuation of the pregnancy constitutes a serious threat to the physical health of the mother and termination is necessary to ensure her continued health;
  • "where the continuation of pregnancy creates a great danger of serious and permanent damage to the mother's mental health and termination is necessary to avoid such danger;
  • "where there exists a serious risk on scientific grounds that the child to be born will suffer from a mental or physical defect so that he will be seriously handicapped;
  • "where the child is conceived as a result of rape or incest;
  • "where the mother is an idiot or imbecile."

The commission's report, and the proposed legislation in

The Rhodesia Herald regularly published letters from white Rhodesians on what it described as "a key social issue in Rhodesian society."[9]

In the journal

University of Rhodesia, expressed dissatisfaction with the commission's finding, writing that while they made a "seemingly liberal gesture... in substance [their] recommendations are no different from previous legislation."[7][9] Jacquie Stafford, president of the National Organisation for Women, wrote to The Herald that "the recommendations of the Commission... were quite conservative... not going as far as many women would have liked."[9] Political activist Diana Mitchell asked in a letter, "why are the women of Rhodesia not consulted on this controversial subject?" She opined that abortion "should be left to the individuals concerned."[9] At the same time, other letters to The Herald expressed opposition to liberalized abortion laws. Roy Buckle, a Salisbury resident, argued that expanded access to legal abortion represented the "thin end of the wedge and that further liberalization will follow."[9] None of the writers were black Rhodesians, and none of the letters addressed how black women might be affected.[9]

As much as abortion was a social and moral issue, it was also a racial issue in Rhodesia. Many on the

white population viewed abortion primarily as a means to combat the rapid growth of the black population.[8] As a result, liberalized abortion laws might be viewed by black Rhodesians as a means for genocide of their race.[8]

In December 1976, acting on the commission's findings, the Parliament introduced legislation addressing abortion. The Termination of Pregnancy Act (No. 29 of 1977[4]), which took effect on 1 January 1978, expanded abortion access, allowing the procedure under three conditions: if the pregnancy endangers the life of the woman or threatens to permanently impair her physical health, if the child may be born with serious physical or mental defects, or if the fetus was conceived as a result of rape or incest.[1][4][5] Under the former law, the latter two conditions were not circumstances under which a legal abortion could be obtained.[5] Although the new law expanded abortion access,[4][5][6] it did not go far enough for some: Jacquie Stafford, president of the National Organisation for Women, wrote in a letter to The Herald that the law "showed nothing but contempt for the women of this country, and makes me wonder at the sanity of our parliamentary representatives."[9]

After Zimbabwe's independence in 1980, the new black government retained the Termination of Pregnancy Act.[6]

In recent years, there has been growing vocal support to amend the law and expand legal abortion access.

Minister of Finance Tendai Biti.[12]

Current legal status

Abortion is legally permitted under limited circumstances. In accordance with the Termination of Pregnancy Act, an abortion may be legally performed if the pregnancy seriously endangers the mother's life or threatens to permanently impair her physical health, if there is a significant risk that the child would be born with serious physical or mental defects, or if the fetus was conceived as a result unlawful intercourse, defined as rape, incest, or intercourse with a mentally handicapped woman (other sexual offenses, like statutory rape, are not legal grounds for an abortion).[3][6][13]

An abortion may only be performed by a medical practitioner in an institution designated by the

Ministry of Health and Child Care, with the written permission of the hospital superintendent or administrator.[3][13] In order for the abortion procedure to be performed, two medical practitioners who are not from the same medical partnership or institution must certify that the requisite conditions indeed exist.[3] In cases of unlawful intercourse, (rape, incest, or intercourse with a mentally handicapped woman), a court magistrate of the jurisdiction in which the abortion would take place must issue a certificate certifying that the pregnancy was probably that the result of unlawful intercourse as defined in the Act.[3] Abortion services are provided by the Ministry of Health and Child Care, and are free to low-income and unemployed women.[13]

Illegal abortion carries a penalty of imprisonment up to five years and/or a fine.[3][10][13] The Termination of Pregnancy Act set the fine at Z$5,000 (approx. US$563 in 1997).[3][10][13] However, Zimbabwe no longer uses the Zimbabwean dollar. Under section 60 of the Criminal Law and Codification Reform Act, illegal abortion is punishable by up to five years in prison and/or a fine not exceeding level 10.[14]

Statistics

Illegal abortions

A

Harare Hospital, and at Parirenyatwa Hospital treats over 100 women per month seeking post-abortion care.[14]

Public opinion

2018 survey, question on whether the Constitution should protect abortion rights

  Full abortion rights (40%)
  In some instances (39%)
  No legal abortion (19%)

A 2018 survey on the Constitution of Zimbabwe found that 40% of respondents favored full constitutional abortion rights, 39% supported abortion rights in certain instances, and 19% were completely opposed to any constitutional abortion rights.[5] The survey results showed that Zimbabwean men were more supportive of abortion rights than women, with 46% of men supporting full rights for women to an abortion, compared to 39% of women holding the same view.[5]

See also

References

  1. ^ a b c ZIMBABWE: Abortion figures underscore need for more reproductive health education IRIN News, 30 March 2005
  2. .
  3. ^ a b c d e f g h "Termination of Pregnancy Act". cyber.harvard.edu. Retrieved 2018-06-01.
  4. ^ .
  5. ^ a b c d e f g h "Our ugly secret: abortion in Zimbabwe, illegal but thriving". Pambazuka News. 2012-05-16. Retrieved 2018-05-31.
  6. ^ .
  7. ^ a b c d e f Seager, Diana R. (1978). "Commissions of Inquiry in a Rapidly Changing Society" (PDF). Zambezia. VI: 61–67 – via Michigan State University Library.
  8. ^ .
  9. ^ .
  10. ^ a b c d e Langa, Veneranda (2018-04-09). "Government urged to revisit abortion laws". NewsDay Zimbabwe. Retrieved 2018-06-01.
  11. ^ a b c Phiri, Marko (2018-05-08). "As teenagers die, Zimbabwean lawmakers call for abortion reform". Reuters. Retrieved 2018-06-01.
  12. ^ Laiton, Charles (2017-10-11). "Legalise abortion, says Biti". NewsDay Zimbabwe. Retrieved 2018-06-01.
  13. ^ a b c d e "Women's Reproductive Rights in Zimbabwe: A Shadow Report" (PDF). The Center for Reproductive Law & Policy. December 1997.
  14. ^ a b c Makaripe, Tendai (2015-02-05). "Doctors promoting illegal abortions". The Financial Gazette. Archived from the original on 2017-02-17. Retrieved 2018-06-01.
  15. ^ Ndlovu, Nqobani (2016-05-11). "Government conducts survey on abortion". NewsDay Zimbabwe. Retrieved 2018-06-01.
  16. ^ a b Moyo, Thandeka (2017-06-14). "Unsafe abortions major cause of maternal deaths". The Chronicle. Retrieved 2018-06-01.

External links