Opinion / Columnist
Zimbabwe Human Rights Commission statement on June 16
16 Jun 2022 at 14:25hrs | Views
1. The Zimbabwe Human Rights Commission (ZHRC) is one of the five (5) Chapter 12 Independent Commissions established in terms of sections 232 (b) and 242 of the Constitution of Zimbabwe and operationalized by the Zimbabwe Human Rights Commission Act [Chapter 10:30].
2. In its capacity as the National Human Rights and Administrative Justice Institution for Zimbabwe as well as in its capacity as the current Chair of the Network of African National Human Rights Institutions (NANHRI), ZHRC joins the rest of the African Continent in commemorating this year's Day of the African Child (DAC) running under the theme 'Eliminating Harmful Practices Affecting Children: Progress on Policy and Practice since 2013'
3. DAC is commemorated annually on 16 June to recall and reflect on the Soweto uprisings of 1976 when students in South Africa protested against apartheid inspired education resulting in the public killing of some of the unarmed youths by law enforcement agents.
4. Since the introduction of DAC in 1991 the commemorations have been conducted under different themes which aim to promote the rights of children. The 2022 theme for DAC emphasis elimination of harmful cultural practices affecting children. Harmful cultural practices include but are not limited to child pledging, early and forced marriages, child trafficking, female genital mutilation, virginity testing, sexual violence, torture and other cruel, inhuman, or degrading treatment or punishment.
5. The prevalence of harmful social and cultural practices hinders children from enjoying their human rights and freedoms as enshrined in international instruments to which Zimbabwe is a state party. These include the United Nations Convention on the Rights of Children (UNCRC) and the African Charter on the Rights and Welfare of Children (ACRWC). Specifically, article 19 of the UNCRC places an obligation on the State to protect children from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment, or exploitation, including sexual abuse. Article 1 (3) of the ACRWC calls on State Parties to 'take all appropriate measures to eliminate harmful social and cultural practices affecting the welfare, dignity, normal growth and development of the child'.
6. The ZHRC recalls the theme of the DAC 2013 which was "Eliminating Harmful Social and Cultural Practices Affecting Children: Our Collective Responsibility" whose objective was to take stock and raise awareness of harmful practices against children and to consider effective strategies for the prevention of harmful practices against children amongst others. The rationale of the 2022 DAC theme is therefore to assess and take stock of what has been done with regards to the adoption of policies and practices and reflect on what more needs to be done to effectively eliminate harmful practices affecting children in Africa since 2013.
7. Compliantly, Zimbabwe domesticated best practices in child protection through the Constitution of Zimbabwe Amendment (No. 20) Act 2013 and other pieces of legislation and policies that protect and uphold the rights of children. Section 81 (1) (e) of the Constitution of Zimbabwe protects children from economic and sexual exploitation, from child labour and from maltreatment, neglect or any form of abuse. Subsection (f) provides for empowerment and equal opportunities for children in respect of the right to education, health care services, nutrition and shelter. The practices listed in subsection (e) and violation of the rights mentioned in (f) can be classified as practices harmful to children and their specific mention shows the commitment of the Government to eliminate harmful cultural practices affecting children.
8. ZHRC further applauds the Constitutional Court of Zimbabwe for outlawing child marriages. The Government of Zimbabwe also enacted the Marriages Act [Chapter 5:15] in May 2022, which prohibits this harmful practice. The Education Amendment Act Number 15 of 2020 prohibited corporal punishment of children in schools, which was previously viewed as positive practice for instilling discipline amongst learners, yet it amounts to inhumane, degrading, and cruel treatment and punishment.
9. Notwithstanding these achievements which are acknowledged, the Commission reiterates the Concluding Observation (CRC/C/15/Add.55, para.22) (January 2016) on Zimbabwe and recommends that the Inter-Ministerial Taskforce on Alignment of Laws expedite the alignment of the Children's Act and other child protection laws to the Constitution to rectify all the discrepancies to ensure maximum protection of children from practices that perpetuate harmful cultural practices.
10. The Commission also calls on the Government to adopt the Draft Child Rights Policy aimed at strengthening coordination mechanisms and measures for protecting and promoting children's rights which has been under discussion for a long time while practices that perpetuate harmful cultural practices on children continue unabated. This is in line with UNCRC 2016 Concluding Observations for Zimbabwe No. 10.
11. In light of the aforesaid, ZHRC recommends that the Government of Zimbabwe:
11.1. Finalises the Child Rights Policy to clarify on the roles and responsibilities of the ministries and departments involved in child protection and welfare.
11.2. Through the Ministry of Justice, Legal and Parliamentary Affairs, increase awareness on the new Marriages Act and the age of consent. It should also ensure that the Criminal Law Codification and Reform Act [Chapter 9:23] as well as the Children's Act [Chapter 9:06] that provide for sexual consent are aligned to the Constitution as provided for in the landmark judgments stated above.
11.3. The Government adequately funds its policy instruments to ensure effective implementation.
2. In its capacity as the National Human Rights and Administrative Justice Institution for Zimbabwe as well as in its capacity as the current Chair of the Network of African National Human Rights Institutions (NANHRI), ZHRC joins the rest of the African Continent in commemorating this year's Day of the African Child (DAC) running under the theme 'Eliminating Harmful Practices Affecting Children: Progress on Policy and Practice since 2013'
3. DAC is commemorated annually on 16 June to recall and reflect on the Soweto uprisings of 1976 when students in South Africa protested against apartheid inspired education resulting in the public killing of some of the unarmed youths by law enforcement agents.
4. Since the introduction of DAC in 1991 the commemorations have been conducted under different themes which aim to promote the rights of children. The 2022 theme for DAC emphasis elimination of harmful cultural practices affecting children. Harmful cultural practices include but are not limited to child pledging, early and forced marriages, child trafficking, female genital mutilation, virginity testing, sexual violence, torture and other cruel, inhuman, or degrading treatment or punishment.
5. The prevalence of harmful social and cultural practices hinders children from enjoying their human rights and freedoms as enshrined in international instruments to which Zimbabwe is a state party. These include the United Nations Convention on the Rights of Children (UNCRC) and the African Charter on the Rights and Welfare of Children (ACRWC). Specifically, article 19 of the UNCRC places an obligation on the State to protect children from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment, or exploitation, including sexual abuse. Article 1 (3) of the ACRWC calls on State Parties to 'take all appropriate measures to eliminate harmful social and cultural practices affecting the welfare, dignity, normal growth and development of the child'.
6. The ZHRC recalls the theme of the DAC 2013 which was "Eliminating Harmful Social and Cultural Practices Affecting Children: Our Collective Responsibility" whose objective was to take stock and raise awareness of harmful practices against children and to consider effective strategies for the prevention of harmful practices against children amongst others. The rationale of the 2022 DAC theme is therefore to assess and take stock of what has been done with regards to the adoption of policies and practices and reflect on what more needs to be done to effectively eliminate harmful practices affecting children in Africa since 2013.
7. Compliantly, Zimbabwe domesticated best practices in child protection through the Constitution of Zimbabwe Amendment (No. 20) Act 2013 and other pieces of legislation and policies that protect and uphold the rights of children. Section 81 (1) (e) of the Constitution of Zimbabwe protects children from economic and sexual exploitation, from child labour and from maltreatment, neglect or any form of abuse. Subsection (f) provides for empowerment and equal opportunities for children in respect of the right to education, health care services, nutrition and shelter. The practices listed in subsection (e) and violation of the rights mentioned in (f) can be classified as practices harmful to children and their specific mention shows the commitment of the Government to eliminate harmful cultural practices affecting children.
8. ZHRC further applauds the Constitutional Court of Zimbabwe for outlawing child marriages. The Government of Zimbabwe also enacted the Marriages Act [Chapter 5:15] in May 2022, which prohibits this harmful practice. The Education Amendment Act Number 15 of 2020 prohibited corporal punishment of children in schools, which was previously viewed as positive practice for instilling discipline amongst learners, yet it amounts to inhumane, degrading, and cruel treatment and punishment.
9. Notwithstanding these achievements which are acknowledged, the Commission reiterates the Concluding Observation (CRC/C/15/Add.55, para.22) (January 2016) on Zimbabwe and recommends that the Inter-Ministerial Taskforce on Alignment of Laws expedite the alignment of the Children's Act and other child protection laws to the Constitution to rectify all the discrepancies to ensure maximum protection of children from practices that perpetuate harmful cultural practices.
10. The Commission also calls on the Government to adopt the Draft Child Rights Policy aimed at strengthening coordination mechanisms and measures for protecting and promoting children's rights which has been under discussion for a long time while practices that perpetuate harmful cultural practices on children continue unabated. This is in line with UNCRC 2016 Concluding Observations for Zimbabwe No. 10.
11. In light of the aforesaid, ZHRC recommends that the Government of Zimbabwe:
11.1. Finalises the Child Rights Policy to clarify on the roles and responsibilities of the ministries and departments involved in child protection and welfare.
11.2. Through the Ministry of Justice, Legal and Parliamentary Affairs, increase awareness on the new Marriages Act and the age of consent. It should also ensure that the Criminal Law Codification and Reform Act [Chapter 9:23] as well as the Children's Act [Chapter 9:06] that provide for sexual consent are aligned to the Constitution as provided for in the landmark judgments stated above.
11.3. The Government adequately funds its policy instruments to ensure effective implementation.
Source - ZHRC
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