By Virginia Njovo
Young women and Civic Society Organisations (CSOs) have called for the amendment of the Termination of Pregnancy Act (TOP) to allow safe abortion services to be accessed widely with studies showing that 25 percent of pregnancies end up getting aborted due to various personal and social circumstances.
Speaking to TellZim News in an interview, Community Working Group on Health (CWGH) Executive Director Itai Rusike, said there was need for the revision of the laws that abolish abortion because despite it being illegal, a large number of women were doing it unsafely.
“Many women and girls are driven into the shadows because of restrictive abortion laws and lack of clarity about their provisions.
“They continue to seek for abortion services outside health facilities, with most of these abortions being done in unhygienic conditions by people who are not trained to do the procedure, let alone address the complications which may arise leading to high morbidity and mortality,” Rusike said.
He said the topic was taboo in Zimbabwe and the African society but abortions continue to happen behind the scenes so revising the legislation would help promote safe practices.
“The topic of abortion is taboo within the African context and cultures, as it is not openly talked about although evidence shows that it happens frequently,” said Rusike.
Adolescent Girls and Women Rights Forum (AGWRF) Executive Director and Sexual Reproductive Health Rights (SRHR) advocate Priscilla Mafa told TellZim News that the restrictive laws do not stop the need but promotes unsafe abortions.
“The restrictive abortion laws in Zimbabwe do not stop the need for abortion; they only make it unsafe. People are having backdoor abortions. The fact that 25 percent of pregnancies result in abortion despite legal barriers shows a critical gap in SRHR services, access to contraception, and comprehensive sexuality education,” said Mafa.
She said the restrictions endanger women and violates their bodily autonomy against the Maputo Protocol in which Zimbabwe is a signatory to saying there was need for policies that respect women’s health choices.
“Criminalizing abortion not only endangers women’s health but also violates their right to bodily autonomy as recognized by international agreements like the Maputo Protocol and Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), to which Zimbabwe is a signatory. We need progressive, evidence-based policies that prioritize women’s health and choices, rather than punitive measures that perpetuate stigma and inequality,” she said.
The Maputo Protocol, officially the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, is a landmark human rights instrument adopted in 2003 that guarantees comprehensive rights for women and girls in Africa, including political participation, equality, reproductive health, and freedom from violence
CEDAW was adopted in 1979 by the UN General Assembly, and is described as an international bill of rights for women, defining discrimination against women and establishing legal obligations for states to end it.
In another interview with TellZim News, My Age Zimbabwe Trust Communications and Advocacy Officer, Veeslee Mhepo, said there was need for legislative reform to expand abortion access as lives were being lost due to unsafe abortion practices.
“We are advocating for the amendment of the TOP Act so that abortion services become available in every healthcare facility. Currently, only Post-Abortion Care (PAC) services are provided, but abortion itself remains largely inaccessible.
“We are losing lives due to unsafe backyard abortions. In addition to advocating for legal changes, we are conducting outreach programs to educate young people on Sexual and Reproductive Health (SRH) to reduce unwanted pregnancies,” said Mhepo.
Several young women who spoke to TellZim News expressed their desire for legal abortion services to be accessible at public health institutions, as many young girls get pregnant before they are ready for motherhood, leading to an increase in unsafe backyard abortions, which put lives at risk.
“We engage in sex but in most cases pregnancy is not expected. It may be another burden on top of my existing struggles so I may choose to terminate it. In most cases we are forced to do unsafe abortions because of its legality. So we think it the act should be revised so that safe services are provided,” said one young woman.
Another young woman said some were getting pregnant whilst in school thereby affecting their school despite the government allowing them to remain in school. So she said there was need for the law to consider that and allow victims of such situations to have safe abortions.
“I might not have been raped, but if I fall pregnant before finishing my studies, approaching my parents would be difficult so terminating the pregnancy will be the best option. So access to safe abortion should be available for those who need it,” she said.
Another woman said if the government does not want to amend the law, at least there should be more circumstances in which termination is allowed.
“We are having girls below 14 getting pregnant and the law should allow abortion in that circumstance and any other which may be deemed appropriate,” said the young woman.
Despite growing calls for reform, Masvingo Urban MP Martin Mureri, who is also a human rights lawyer, opposed the changes to the law.
“I am against this proposal. We must consider the original intent of the legislature when this law was made. What problem was it meant to address? Has that problem been solved?
“Yes, we know that abortions are happening through the backdoor, but that does not mean they should be legalized. Culturally, this cannot be defended,” said Mureri.
The TOP Act, which was enacted in 1977, has remained unchanged despite significant social and medical advancements. When Zimbabwe’s Constitution was amended in 2013, the law was left intact, despite shifting global perspectives on reproductive rights.
According to the TOP Act, abortion is legally permitted only if the pregnancy poses a serious threat to the mother’s life or could cause permanent physical impairment to the child. Abortion is also permitted if the pregnancy resulted from rape, incest, or intercourse with a mentally disabled woman.
