ENDING CORPORAL PUNISHMENTS PROJECT
The project aims to contribute to a campaign aimed at lobbying for legal prohibition of corporal, humiliating and degrading punishment of children in all settings including the home and to promote positive disciplining of children.
Legal Status of Corporal Punishment in Zambia
Home
Currently in Zambia corporal punishment is legal in the home. Although article 46 of the Juveniles Act which is the principle legislation for children prohibits cruelty against children part 7 of the same article negates this by stating that: “Nothing in this section shall be construed as affecting the right of any parent, teacher or other person having the lawful control or charge of a juvenile to administer lawful punishment to him.”
Provisions against violence and abuse in the Penal Code (1931) and the Constitution (1996) do not prohibit corporal punishment in childrearing.
School
Though corporal punishment was repealed from the Education Act in 2003 by removal of article 12 of the Education Act which previously allowed the Minister to make regulations on corporal punishment in government and aided schools and hostels, there is yet to be an express prohibition of it in the Education Act. The Education Act is being amended and hopefully corporal punishment will be expressly prohibited.
Penal System
Corporal punishment is unlawful as a sentence for crime. The Penal Code provisions for judicial corporal punishment were amended in 2003, following a 1999 Supreme Court ruling that they were unconstitutional (John Banda v The People HPA/6/1998). Other laws amended to reflect the prohibition include the Supreme Court Act, the Local Courts Act, and the Criminal Procedure Code (1934). However, article 73 (1) (e) of the Juveniles Act, which allows a court to order the offender to be caned, is yet to be removed from the legislation.
Provisions in the Prisons Act (1966) allowing and regulating corporal punishment as a disciplinary measure in penal institutions were repealed in 2004.
The Reformatory School Rules (1965) allowing corporal punishment has also been repealed.
Alternative care
Corporal punishment is lawful in alternative care settings, where article 46 (7) of the Juveniles Act applies and rules made under the Act provide for corporal punishment in childcare facilities.
Child Legislations Comprehensive Review
As at May 2008, a comprehensive review of laws relating to children has been under way, with a view to bringing them into line with the UN Convention on the Rights of the Child. ZCEA has taken part in some of the key consultation processes to do with the review advocating for legal prohibition of corporal punishment of children in all settings.
ZCEA Strategies
The project uses coalition building, lobbying, training, media campaigns, development of information communication and education materials, awareness raising strategies, and, in future, would resort to test case litigation to advance the achievement of its goal.
Coalition building
ZCEA believes in networking and coalition building to foster its advocacy campaigns. Therefore, this project aims to build a strong coalition of organisations and individuals to campaign for the total legal prohibition of corporal punishment of children in Zambia. In this regard ZCEA coordinates a 14 member national coalition on Ending Corporal Punishment of Children and Promoting Positive Discipline Methods. The coalition has since developed an advocacy strategy with two objectives:
- To campaign for the legal prohibition of corporal punishment of children
- To promote for the adoption of positive discipline of children
Training
The project supports parents, teachers and teacher trainers in positive discipline of children methods. In line with this, ZCEA trained 14 focal points teacher trainers from the 14 government teacher training colleges in positive discipline methods. Furthermore, together with the 14 teacher trainers developed a Positive Discipline Module for Zambian Teacher Trainers.
Lobbying
ZCEA uses lobbying to campaign for the legal prohibition of corporal punishment of children through discussions with select committees of law makers, letters to policy makers and discussions with decision makes such as traditional and church leaders.
Media Campaigns
ZCEA uses both electronic and print media to keep the issue of prohibition of corporal punishment on the national agenda. ZCEA believes that the media is both a powerful tool and a target in advocacy. It is a tool because it reaches many people and it is a target because it influences public opinion and values.
IEC Materials
ZCEA has developed flyers with messages on why it is wrong to inflict corporal punishment on children and why positive discipline is better.
Test Case Litigation
ZCEA would in the near future consider undertaking test case litigation on behalf of children who live under constant violence in their homes. This will be done by hiring legal practitioners with a human rights bias to undertake the litigation on behalf of the child victim. The challenge is to ensure the best interest of the child victim is assured during and at the end the litigation.
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