WE THE PETITIONERS:

AWARE that Zimbabwe’s Constitution guarantees fundamental rights and freedoms to women and girls, including the rights to education, healthcare, human dignity, equality and non-discrimination, water, among others; and that the same Constitution requires that its provisions should be upheld by the State and all institutions and agencies of government at every level;

COGNISANT of the fact that all institutions and agencies of the State and government are required to be accountable;

MINDFUL that good menstrual health and management is important to the attainment of fundamental human rights and freedoms.

FURTHER MINDFUL that the Education Act was signed into law in 2020, with Section 4(1a) of the new Education Amendment Act which requires that the State should “ensure the provision of sanitary wear and other menstrual health facilities to girls in all schools to promote menstrual health.”

OBSERVING that the 2020 National Budget allocated Z$200 million (US$12.5 million), with the 2021 National Budget allocating Z$600 million (US$7.34 million), and the 2022 National Budget allocating Z$1.23 billion (US$11.64 million) for the provision of sanitary wear to school girls,

CONCERNED that, there is lack of effective communication, transparency and accountability in the implementation of the sanitary wear programme for school girls; and that period poverty is still prevalent in the country,

FURTHER CONCERNED that Zimbabwe does not have a comprehensive Menstrual Health Management law and policy to ensure that all girls and women in Zimbabwe can manage their periods with dignity, in a healthy, hygienic and informed way, safely and freely, with access to sanitation facilities and correct information about periods, to allow them to enjoy all their rights and freedoms to the fullest extent; while making it a legal requirement for all underprivileged women and girls to get free menstrual products and services.

ALARMED by the increasing incidences of menstrual poverty (the social, economic, political, and cultural barriers to menstrual products, education, and sanitation) in Zimbabwe by different groups of women, and resultantly failing to enjoy their rights and freedoms enshrined in the Constitution;

DESIROUS that girls and women who menstruate should have:

• access to information about menstruation, life changes, and hygiene practices
• the ability to care for themselves during menstruation
• access to water, sanitation, and hygiene services
• the ability to receive a diagnosis for menstrual cycle disorders and access to healthcare
• a positive, supportive environment in which to make informed decisions
• the ability to participate in all aspects of life, such as going to work and school
• NOW THEREFORE the petitioners beseech Zimbabwean authorities to exercise their mandate and address the following issues of public concern:

BACKGROUND

Menstruation is usually the first and one of the key crucial changes in a girl’s life that affects her entire future, depending on how it is managed. Some school girls start their periods as young as 9 years. So, for those who lack sanitary wear, and other menstrual products, that is when they start missing school every month, which later affect their overall success in life. Some may eventually drop out.  Some 72% of school girls who menstruate do not use commercial sanitary wear because they do not afford them, according to a study by SNV Zimbabwe. The study also established that 62% of school girls in Zimbabwe miss school every month due to lack of sanitary wear and period pain; and 70 percent of these girls are not even aware of any sanitary wear brand on the market. A 2019 study by Unicef Zimbabwe also established that 70.3% of school toilet facilities in rural areas and 13.7% in urban areas do not water and soap. This means that girls are not able to wash their hands before and after changing their sanitary wear, posing health risks.

Because of lack of menstrual products, other girls might start engaging in transactional sex with men to get money to buy sanitary wear; thereby risking STIs, unwanted pregnancies as well as incidences of early child marriages. Again, when girls who don’t have proper sanitary wear, and resort to unsanitary and unsafe means such as cow dung, rags which are not sterilized, newspapers and others, and repeatedly use them over long periods of time, they are exposed to serious reproductive health risks, including infertility.

It also affects their mental health; as girls who spoil their school uniforms are often laughed at and called names by boys. It affects their confidence and self-esteem. A study by SNV Zimbabwe establishes that 54% of school girls experience mocking, 26% are isolated and 13% are called names by boys during menstruation.

We believe that when issues of menstrual poverty are addressed, it sets a very strong foundation upon which girls and women can build their success. While there have been strides in addressing these issues, with government allocating funds for the purchase of sanitary wear for school girls in the 2020, 2021 and 2022 National Budgets, the programme was not implemented in a transparent and accountable manner, in our view, as there was no effective consultation and communication about how the funds were utilized and who the beneficiaries were, especially noting how crucial this matter is to the public. The then Chairperson of the Parliamentary Portfolio Committee on Primary and Secondary Education, Ambassador Priscilla Misihairabwi, also raised a concern in Parliament that, in some areas, girls were given panty liners, instead of sanitary pads, which shows that the procurement was done in a manner that was not competitive. Issues of poor quality and inadequacy were also raised.

While the Education Act, in Section 4(1a) requires the State to “ensure the provision of sanitary wear and other menstrual health facilities to girls in all schools to promote menstrual health,” the allocations made so far in the 2020, 2021 and 2022 National Budgets are not adequate to cater for free sanitary wear to all girls in schools who menstruate, and no funds were specifically allocated for “menstrual health facilities” as the main target has just been sanitary wear.

Currently, there is also no comprehensive law that makes it a legal obligation for different vulnerable groups of women and girls to have access to menstrual products, education and facilities. These groups include female prisoners, female refugees, homeless girls and women living in the streets, among others. Take the prisons for example, where the 2021 national budget did not make any allocation for sanitary wear for female prisoners. They are only left with the option of resorting to tearing blanket stuffing and use them as makeshift sanitary wear when they are on their periods, in the absence of help from well-wishers. The Parliamentary Portfolio Committee on Justice, Legal and Parliamentary Affairs has also observed that female inmates face difficulties if they are not provided with sanitary wear. In its report to Parliament last year, the Committee made the following representations:

“Being in prison they (female prisoners) are not able to assist themselves in finding alternative means to access these necessary materials. The budget allocation to the Ministry (for 2021) has no provision for sanitary requirements for female prisoners. Failure to access sanitary pads by female inmates will result in them facing psychological and physical stress during their menstrual cycles for the period they will be serving their sentence. This is tantamount to additional sentence. To this end the Committee of Justice, Legal and Parliamentary Affairs implores the Minister to make provision for sanitary wear to cater for special needs of our female inmates.”

Economic conditions are still also difficult for the generality of the populace; resulting in many families still failing to afford and access menstrual products, which are basic necessities; affecting their freedom to study, work, stay healthy or participate in society with dignity. The biggest obstacle to using a sanitary wear is affordability in Zimbabwe. Prices of goods and services have been going up sharply since the beginning of the year, as inflation has been rising, and menstrual products have not been spared. Incidences of menstrual poverty therefore remain widely prevalent in Zimbabwe; and sanitary products are now luxuries to millions of girls and women, especially the homeless who can barely afford to buy a decent meal. It is difficult for women and girls to afford period products such as sanitary wear, period pain relievers, underwear, soap, among others; with more underprivileged girls and women desperately resorting to unhygienic means.

The majority of the millions of girls and women who menstruate in Zimbabwe do not have proper menstrual protection. Underprivileged girls and women in different streams of life are the ones bearing the brunt of period poverty as they are unable to maintain a normal lifestyle because of their periods. Each month, their dignity and health is compromised when menstruating, because of period poverty. They are desperately forced to resort to unhygienic rags, cardboard, newspapers, tissues, socks, leaves, cow dung and other unsanitary means to try and manage their flows, which have different health risks such as cervical cancer, urinary tract infection, as well as infertility in some cases. Given the high levels of period poverty and poor menstrual health management in Zimbabwe, it is imperative to urgently act to decisively end period poverty to avert such adverse consequences.

PETITIONERS’ PLEAS

We ask that Zimbabwean authorities, in light of their role of protecting the provisions of the Constitution and National interests and the achievement of Sustainable Development Goals to ensure that:

1.       The petitioners demand that the Parliament of Zimbabwe should craft into law a Free Menstrual Products and Services Act which makes it a legal requirement for all underprivileged women and girls to get free menstrual products and services.

2.       We request that government urgently establish a comprehensive Menstrual Health Management Policy and Strategy that outlines how to effectively implement menstrual health and management in different areas such as workplaces, schools, amongst other areas.

3.       We request that the Minister of Primary and Secondary Education gives a comprehensive statement, outlining to the nation how the 2020 and 2021 sanitary wear budget allocations were utilised and how the programme was implemented; also highlighting what was procured, who the beneficiaries were, and the breakdown of all the expenses and prices, distribution logistics to intended beneficiaries; also highlighting whether menstrual health and hygiene stakeholders were consulted and whether there was a needs assessment as well as challenges encountered. The petitioners beseech that the Minister of Primary and Secondary Education gives a comprehensive outline of how the 2022 budgetary allocation for sanitary wear will be utilised.

4.       We request that the subject of menstrual health and hygiene be comprehensively included in primary and secondary education curriculum and for the crafting of necessary literature and textbooks to guide learners and teachers in schools.

5.       We request that Treasury also start providing funds for schools girl-friendly menstrual facilities, in line with Section 4(1a) of the Education Amendment Act which requires the State to “ensure the provision of… menstrual health facilities to girls in all schools to promote menstrual health”

6.       We further request that allocations for sanitary wear and menstrual health facilities, as required by Section 4(1a) of the Education Act, be informed by a proper needs assessment that quantifies all the costs of what needs to be done, as opposed to random budget allocations, to ensure programme adequacy.

7.       Government is also requested to put a subsidy on menstrual products to make their price affordable and accessible to all women and girls.