By Conrad Gweru
As the constitution making process kicked off with community consultation meetings in June 2010, older persons in Zvishavane prepared themselves for the COPAC team at a capacity building workshop organised by HelpAge Zimbabwe from 13 to 20 July 2010. The constitution of any country is the pillar of all laws that are made in that particular country. The constitution is therefore of paramount importance to every individual.
The Bill of rights sets out the rights and freedoms which all people in Zimbabwe are entitled to, thus everyone is born with human rights and entitled to certain freedoms which are clearly laid in the constitution. While it is acceptable that all vulnerable groups share common problems of marginalization each group has specific problems, needing specific constitutional protections. Further to the Bill of rights are specific rights for children, youth women and gender issues, etc which have their specific talking points set by COPAC for field administration of the new constitution. According to the talking points set by COPAC, older persons were not identified as a vulnerable group that needs specific constitution protection.
The constitution should define what an older person is in terms of minimum age that qualifies one to be in the bracket of senior citizens, population percentage that constitutes older persons and there should be a commission or a board that deals specifically with issues of older persons. Older persons should be protected by law from any form of abuse, they should have access to free medical services as well as the regulation of traditional medicine and social protection mechanisms such as non-contributory pensions should be awarded to senior citizens. Above all there should be a specific law for older persons that protect their interests and vulnerability.
However issues that affect older persons have been raised at various fora and as such a number of policies and agreements have been devised by the African Union, United Nations and at SADC in an effort to improve the living standards of older persons throughout the world. Commitments by member states and government to the United Nations and the African Union dates back to 1948 when the declarations of Human Rights were made to 2008 when an African Union social policy framework was made. Some of the declarations made at various fora are as follows:
In 1991, the United Nations drafted the following 5 principles for older persons, Dignity, Independence, Self-fulfilment, Participation and Care. Adding to the human rights set out in the human rights charter, these principles add life to the years that have been added to life. They give direction to programming efforts by organisations intending to support older persons and they also give policy direction for government and other stakeholders as they intend to meet every need of senior citizens.
The Madrid International Plan of Action on Ageing signed in 2002 commits member states to introduce policies to provide ...support, health care and loans to older care givers to assist them in meeting the needs of children and grandchildren in accordance with the Millennium Declarations. Furthermore it links to the Millennium Development Goals (MDG’s), promoting equal participation of older people in the development process. The Declaration of commitment on HIV and AIDS signed at the United Nations General Assembly Special Session (2001) further commits government to review the social and economic impact of HIV and AIDS at all levels of society, especially on women and the elderly, particularly in their role as care givers.
The African Health Strategy adopted by African Union health ministers in 2007 recommend developing programmes to combat childhood illnesses, with particular emphasis on orphans and vulnerable children and their older women carers. The UN political Declaration on HIV and AIDS adopted in 2006 commit governments to providing support and rehabilitation to older persons, particularly in their roles as carers. UNICEF’s 2007 state of the world report acknowledged for the first time the roles of grandparents who care for children orphaned by AIDS. The African Union policy framework on ageing (2002) which recommended that member states should recognize and ensure the protection of older people’s rights. This framework supported the development of the Madrid International Plan of Action on ageing mentioned earlier on.
The declarations, policy frameworks and human rights charters are crystal clear in ensuring the welfare of older persons and the families they care for. However, Human rights, particularly rights entitled to older persons become more meaningful when they are enshrined in domestic legislation and translated into policies, with resources allocated to delivery of services associated with them. It is therefore the duty of the government to develop and implement policies that seek to provide direct income support to address the financial needs of older carers of orphans and vulnerable children. It is also the duty of the state to ensure that policies and programmes designed to meet the health needs of families affected by HIV and AIDS include older persons, orphans and vulnerable children.
Public policies at national level have not yet acknowledged sufficiently the significance of older people and orphans and other vulnerable children in efforts to combat HIV and AIDS. Current understanding of the role of older carers and the profile of households that are absorbing orphans and vulnerable children is incomplete.
It is essential that as Zimbabwe realizes complete independence through participation in the constitution making process, there must also arise a society that respects and promotes the rights of older persons. The outcome of the new constitution will only determine the amount of support channeled to vulnerable groups especially older persons.
The government of Zimbabwe is in the process of finalizing the older person’s bill. The bill seeks to provide holistic care and protection and support of older persons in the country. The Bill demonstrates government’s commitment to among other things create an enabling environment for senior citizens.
