Reply to List of Issues : Zimbabwe. 21/05/96.
. (Reply to List of Issues)

Zimbabwe State Parties Report



I - Implementation and Co-ordination of the UN Convention on the Rights of the Child

The institutional inlcmentation and coordination mechanisms in place are the fol lowing:

a. the Convention s administered by the ministry of Health and Child Welfare

b. flie rnonitorin, of the Convention falls under Departmcnt of Social Wc1fie in the Ministy1of Public Service, Labour and Social Welfare.

the Govcrnmcnt establishd in 1992 a National Progrmte of Action for children in line with the declaration of the Insual Protection and Development of ckildrn adopted by Heads of Statc: and Covrnmcnt in 1990.

d. the Department of Social Welfare chairs the Child Welfare Foruni, which is composed of Government and non governmental organizations who deal with
children

C. the Interministerial C innnittee on iluinan Rights and International humanitarian by thc Ministry of Justiec, Lcgal and Parliamentary Affairs has now expanded to include the Ministries of Health and Child Welfare and Eduoation. This will ensure that children's Rights are incorporated in the school curricula with flie ftequent reporting to the
Committee. The non-governinental orgailizatiolis are not part of fliis committcc as yci.


f tle lion governmental organizations in the country like Zimbabwe Council for the Welfare of Clii1dren, the Training and Research Unit and others are also involved iii tlie implementation prograinines of the Convention on the Rightsof the Child,

2 Preparation of Report and Involvement of Non Covcrnmcntal Organizations
Tlie involvornent of non governmental organizations in the preparation of the Repoi is as reported in the UNICFF. Report 1995 (Please refer to rcports from Munro and 10011 governmental organizations). In addition the lion govenunental organizations werc then invited to a workshop together with the children in October 1994 to agaili examine and refine the Zimbabwe State Parties Report.

Tlie final draft of the report was then circulated to thirty four (34) Non Governinental Orgaiiizations and all government ministries for comments. The final iticorporated somc of those comments. The non governmental organization S have been working closely with governilient throughout, in the process of preparing the report.

Plans for Involving the Non Governinental Organizations in the Monitoring and Imlemcntation of Childrens Rights

Involvement of thc non govenirnental organizations iii the monitoring and implementation of the Convention is ciurently being done through the Trainingnd Rcsearch Unit. This is a non govenirncntal organization which carried out a research on child sexual abuse in order to highlight the area of protcction at the different levels of community from the family to the law. The study, although iiiitiatcd by a non governmental orgaiiization, involved government ministries and other non governmental organizations to ensure fliat the findings would be utilized by Government ai non govenincital organizations.

Iii this area of child abuse indicators have been developed and rnom.tonng of prowess is being carried out by the small team in the areas of education; health, judiciary and rehabilitation of vulnerable witnesses.

Otloer bodies which are involved in the Inonitoring and implementation of children's rights &e the Child Welfare Forum and the National Prograinme of Action Focal Persons Committee - botlo have on governinental organizations in their composition.


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3. Policy in Place in Relation to Allocation of Resources


7iinbabwc's vuliierable groups are protected through tlie social safety nets which iiiclude the Social Devlopnient Finid for school lees, examiiiation fees ai health fees for those whose monThly incoine is Z$400.00 per month or below.

In education school levies and school uiiiforms are covered for by the social safety
nets. 1lowev, it is Government Policy that children are not excluded from school because of failing to pay levies and having no school uniforms.

Tile lack of resources in the Ministry of Health ai Child Welfare has been affecte adverscly by the advent of HIY/A[DS which requires a huge budget on both humaii and material resources. The Ministry of Health and Child Welfare as a service Miillstry does not generate a lot of income. Thc Government is currently discussin
how to itnplernent ealth Services Reforms which will assist in the handling of the meagre resources available.

lhrough the Drought Relief Programme Government has provided the vuhierable groups with food during the critical periods.

Government is committed to the protection of vulnerable groups as portrayed by fi" dcvlopment of the Poverty Alleviation Action Plali.

4. Development of Appropriate Indicators for Monitoring Progress for th( implementation of ffie Convention


Jiidicators developefor the National Programme of Action for Children iii the are
of health, education and living standards are being used to monitor the UN Coiivention on the Rights of tlie Child in similar areas. Some indicators have been deve1opd in the area of protection against child sexual abuse following the Child Sexual Abuse study.

more studies are undertaken in the areas of duidren iii especially difficult
:ircumstances - appropriate indicators will be developed. A study has also becn plcted which aiialysed the situation of women and childrc;n iii the iniiiing secto:


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On Coniinunity Based Surveillance Systems the indicators for monitoring progress which have been established are in progress. As for the growth monitoring surveillance, this has been carried out by Ministry of Health and Child Welfare, through the Nutrition Depaitment - hence Zimbabwe has been able to maintain the status quo of children at a reasonable level of nutrition in spite of the drought periods.

5. Dissemination of Information


a. Several fora are being used for the dissemination of information on children's Rights viz;

The Children's Parliament, which is a yearly event - where information is disseminated to all the schools country wide. In 1995 the theme of the celebrations was 'Prevent and protect against Child Abuse'. Children's Rights were highlighted and discussed with the relevant politicians and the President. In 1994, the theme was "the girl child". Through this forum children are made aware of their rights and they are encouraged to continue the debates in their schools.

The Child Abuse Project - professionals and community focus groups have been used for both adults and children alike to discuss issues on children's rights - including the Law both traditional and constitutional, children's rights, the role of parents, police family and the community.

Youth clubs where information is being disseminated through some school or clubs through the umbrella body.Zimbabwe Youth Council. Unfortunately not all youth clubs are registered with the organization.

Workshops and seminars - targeted at Parliamentarians, senior government officials, traditional leaders and children have also been organized on children's Parliamentarians have agreed to table a motion on the Zimbabwe State Parties Report to ensure that all parliamentarianS are conversant with State Parties Report and to ensure further dissemination of information.


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Awareness campaign workshops is also currently being organized for media practitioners. The will assist with improved reporting on children's issues.

Through the decentralization process of the NPA; the local authorities as well as provincial leaders are being sensitized on the Rights of the Child.

Translation of the Convention into two vernacular languages (Shona and Ndebele) has been done. More work still needs to be done in this area to ensure that the convention is wriften in a way understood by the school children and Zimbabwean communities.

b. Inclusion of Children's Rights into the School Curriculum

The Govemment of Zimbabwe is considering the incorporation of the ConvenU6n on the Rights of the Child Education in the school curricula.

There is a working committee in the Ministry of Education whose mandate is to investigate ways and means of incorporating the Human Rights Education into the school curricula with the assistance of a non govemmental organization on Human Rights. A pilot scheme on the inclusion of human rights into the school curriculum is currently in progress at five schools in Harare.

Teachers at these pilot schools and all specialist teachers of children with disabilities have been introduced to the Convention on the Rights of the Child through their annual conferences since 1994. The results of the pilot project will assist in planning the way forward for the Ministry of Education to integrate children's rights.

6. Training of Professional Groups and decision makers about the Convention on the Rights of the Child

Through the Victim Friendly Court Initiative, a small group of lawyers, doctors, judges, police officers, nurses and social welfare officers are being trained together as they are currently introducing a change in the management of children who have been sexually abused. 0The best interest
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of the child" principle is being promoted in this initiative. Children will be afforded privacy and will be handled in humane manner throughout the system, i.e. the police, hospital and court systems. Through this initiative sentence on the perpetrator will be passed within 3 - 6 months thus improving on the present system which took a long time. This will allow the child to recuperate early.

Psychologists and Social Welfare Officers are in the process of planning the rehabilitation programme of the whole family to assist the children with the recovering process.

7. Availability of Zimbabwe State Parties Report


The Zimbabwe State Parties report has not been widely circulated as ft is currently being printed to enable wider circulation. The Convention, however, has now been translated into the two vernacular languages and is also being circulated through policy makers - the parliamentarians, through Ministry of Education and also through workshops/seniinars on Child Rights advocacy.

DEFINITION OF THE CfflLD:


8. Minimum Ages for Employment


Since the submission of the State Parties Report there has been some progress regarding the amendment of the Labour Relations Act in order to set minimum ages for employment. The Govemment put in place an Intersectoral Task Force to study the l.L.O. recommendations on Child Labour. The Task Force has drafted regulations on Child Labour,which are currently being considered by Government.

9. Marriageable Ages


The government has not amended its legislation relating to marriage with regard to setting the same marriageable age for boys and girls.



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/There is no specified age at which children may seek redress in courts if their rights have been infringed. As it is stated in the State report, children under eighteen years are deemed to have limited capacity and hence in a case where their rights are
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To address this situation the welfare officers of the Ministry of Public Service, Labour and Social Welfare are appomted as Probation Officers in terms of the Children' sProtection and Adoption Act. They look into the background of the child to assist the child and the Court in matters affecting the children.

Minors are represented in court by probation officers who assume guardianship whenever it is necessary. The proposed amendment of the Children' sProtection and Adoption Act which is being considered brings in non governmental organizations with qualified officers to be able to represent the children. Any child of any age who is able to express himself or herself to the probation officer directly or indirectly with regards to infringement of his/her rights such as right to privacy, protection from abuse, to food and shelter may do so, the matter will be taken up in court if need be in terms of the Children's Protection and Adoption Act. The inclusion of non governmental organizations widens access through which children can be heard.

11. AgeofCriminality


The general principle in Zimbabwe, derived from the Roman Dutch Law, is that no child under the age of seven (7) years isapable of committing a crime. There is a rutable presumption that children between 7 and 14 years are incapable of committing crimes.

GENERAL PRINCIPLES

12. Protection Against Discrimination


Section 23 of the Constitution of Zimbabwe protects every person in Zimbabwe from being treated in a discriminatory manner by any person acting by vitttue of any written law or in the performance of the flinctions of any public office or any public
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authority. The section also prohibits thc making of ally law that is disciiinory. Ilic Cojistitution of Ziinbabwe Amendment No. 14 has a provision which prohibits tIir1nniinnijnn fifi itir nirn nftnndrr TIr fflYi19iflfl i9 airrI at prnl?rIing Thr girl clii Id and women from being discriminated against. Measures are being put into place to protect the following groups:

TJie Girl Child

Government has taken steps to eliniiiiate discnniinatoiy attitudes towards tlie girl child. Tlie 1994 theme of the Day of the African Child was "The Girl Child in the
Home and Wider Society". This theme was choscn to highlight the discriminatory practices in relation to tlie girl child. The theme is being promoted through a video whidi has been produced through the Ministry of £dlucation and is now being ted nationally to higlIlight issues of the plight of tht: girl child. In addition to (his in the school system development of school materiand a unitary curriculum with no gender biases has been encotiraged. In the rural areas special btirsaries have been aflbrded to especially gifted but deprived girls. Positive discrinination to girls doing same cli ores as boys in both urban and rural envirolunents is being encouraged. Corninunity education to address tlie attitudes of society towards the girl child are an on -going strategy.

Disab1edclildrcn


ilie J)isabled Persons Act of 1992 which provides for the welfare and rehabilitation of disabled persons inchiding children prohibits discrimination of ally kind agail1st disabled persoiis.

Fiforts are being made to integrate the disabled children into the noinial school systems. At present special education has been established in tenus of the Education Act at pre-piimary, primary and secondary lcvcls.

Although tlie general ncgativc attitudcs towards disability still pcrsist in the colrnflJnity, coniiniuiity awareness campaigils and COlnlnWiity based rehabilitation programmes are being strengthened.



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HI V/AIDS Infected hi


All cluIdren are treated in the same manner and no prograninc5 arc specifically designed for children affected with HIVIAlDS. Jt is a policy in Zimbabwe that children cajinot be denied a place ill all institijtion because of tileir HlY status. Training workshops are in progress for staff working in institutions to make them aware of the rights of children. In the community, discussions on how to handle children infected with HIVIArDS virus are an on-going strategy.

13. Legal Assistance ad Representati*n


At present legal aid services in Zimbabwe are fragmented:

a. There is the legal assistance for very SCriOus offences and wliich the accused may not adequately represent himsel&1it:rsclf.

b. There is also prOvisiOn in our legislation for assistance in civil case for persons who are uliable to obtain services of legal pctitioners on their OWli account.

c. A department in the Ministry of Justice, Legal and Parliamentary Atfw.s provides legal advice Services and law promotion to thepublic free of charge.

The Legal Aid Bill which is before Parliament at present seeks to establish a Legal Aid Directorate which will provide legal assistalice and representati0n free of
chaige to persons who are unable to pay for legal services..

14. Best Interest of the Child


The discretion of (lie niagistrate is intended to exclude the treaflnent of jtivciiiie offenders in the same mamier as ordinaiy adult criiniiials. The discretionary Powers of the courts enable tlie magistrates to deal with juveiiiie cases in tenns of the Children's Protection and Adoption Act which authorizes the magistrate to decide on the basis of peculiarity of each case, whether to place the juvenile in an institution or place him under Parental/guardian custody.



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The principle of The Best Interest of tile Child' is always Paramount iii the mind of Ile trial Jilagistrale orjudge. Tlie use of the discretion by a magistrate is to allow tiexibility for instance ill cases where the child is traumatised or under emotional stress, and to penn it evidencc given to the coun by way of an affidavit or report instead of oral evidence.

1 he Government is in the process of aniending the Criminal Procedure aid Evidence Act in order to establish a Victiin Friendly Court. This court will givc special protection to diildren who are victims of sexual abuse and other assault offences. A friendly environment will be created where a child will bc in a Separate room with an interniediary or support (a person appointed to be with tlic witness during criminal proceedings). In such a situation 110 question may be put directly to the witness except tlirougli the intormediary by ally party

No evaluation so far lias been undertaken by Goveniment to find out the manner in wlnch tlic principle of the "best interests of the child" is taken into account.

I S. Tradition in Society


l'lie Government has supported the initiative by Zimbabwe Family Pianig ouncii in proaucmg ana presenung 011 wlevisioji wugraiwut, iIkc "L1 Talk All About It1,. ii progrdmme brought together adults and youtlis to opelily dis issues affecting their lives. The issue of open dialogue between parents and their children is discussed and encouitged. This opens a way for children to express flicir views wifliin the family as well as witliin the society at large. There is also the fbrwn where children air their views when they hold "Children's Parliament" sessions. Through the junior rnayor/inayoress foruin in major cities where children discuss issues of disadvalltaged children pertaining to their mtinlcipalifles. It is notcd, however, thdt there is rio coordinated, compreliensive prograninic at present to raise awareness of families and ilie public in geiieral of the need to encourage cliildreii to exercise their right to participate ili social and family life in both urban and niral communities.

lii Zimbabwe wifli file efforts being made on community educatioii traditional plactices such as tlie girl child pledging is iiow subsiding. A lot of cducation of tlie Community has been done ii conjunction with the traditional healers. Instead of tlie girl cliild pledging iii instances of appeasement, bride price is beiiig suggested for
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tli aggrieved f(mily Another practice which is still quitc evident is in the area of early marriages. iJntil the socio-economic stattts of tile majority of the people is improved practice will persist. Discussions with communities tlirough mass media and focus groups are taking place.

CIVJL RIGlITS AND FREEDOMS

16. Registration of Births

Tlic Goveminent introduced periodic mobile registration units to assist the population in registering biiihs in remote areas. he Insistence by the schools that a birth certificate of a child be produced before enrollment has encouraged parents to obtain b1rtl0 ceitificates for their children.

17. Name and Natlonallty


Iii terms of the Constitution of Zimbabwe and the Citizenship of Zimbabwe Act, a child born out of wedlock in Zinibabwe is entitled to the citizenship of Zimbabwe by biith if at the time of his or her birth his/her mother is a citizen of Zimbabwe and ordinarily resident in Zimbabwe.

A person born out of wedlock outside Zimbabwe is entitled to citizenship of Liinbabwe by birth if his/her mother at the tiine of his/ her birth is a citizen of Zimbabwe and resident outside Zitnbabwe. y reason of the service of his/her mother wider the Government or his/her mother is lawfully resident in Zimbabwe and hisiher birth is registered in accordance with the law relating to registration of births.

A child born outside Zinibabwe out of wedlock is entitled to citizenship by descent if at the time of his or her birth his or her mother is a citizen of Zimbabwe other wise than by descent and the child's birth is registered iii accordajice with the law relating to tlie registration of births.

A clii Id wlio is born in Zimbabwe to parents one of whom is a non-national may acquire tle citizenship of Zinibabwe by birth if he/she was boni iii Ziiubabwe and the paients are not iii Ziinbabwe as fbreign envoys aiid arc lawfully resident in Zimbabwe.
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The Goveniment of Zimbabwe succcsslly cared for and protected tlic Mozambican ref\igee children who have sinco been repatriated. So far children born by rettigees are registered and given a naine by their parents. The abaiidoned children arc taken care of iii terins of the Children's Protection and Adoption Act. Tllc Probation Officer assumes guardianship of tlie niinor, flnds alternative care for hun/her tlough the juvenile court. He tlen proceeds to givc a name and to register tle child's birth. 'I 'he abtndoned child's circumstances are ilivestigated and where fliere are no relatives and the family's origin is not kiiowii the cliild will be deemed to be a Zimbabwean national.

18. The Ministrvw)fdDtign'g Standard of Disdnllne


lii Zimbabwe every child/pupil who enrols in a Govenimetit or non-goveminent school shall conform to the standard of discipline enforced at that school and shall render obedience to the sd'ool regulations. Corporal puiiishmeiit at a Government or non-Government school may be inflicted on a boy otily in cases of continued or U ave neglect of work, of lying, bullying, insurbodination, indecency, truancy or other offenees of such like gravity. No girl attending a Government or non govcinajcnt school shal1 be subject to corporal punishment.

Corporal punishment at a Governnient or non goverrinent school shall be inflicted on the buttocks with a suitable strap, cane or switch cord by:
a. the head of the Goveinrncnt or non govcriimciit school, or
b) a teacher to wbom authority has been delegated by the head, or
c) a teacher in tho presence of the head after due inquiry, or
d) superintendents and houseinasters in their own hostels when authority has been delegated to them by the head.

The head shall keep a register of all cases of corporal punislinent inflicted at a Goverjinieiit or non-governtnent school and a similar register shall be kept by the superintendent or housemaster of cases of corporal ptinislimcnt inflictcd at a hostcl. 'I lie register shall show:
a) tile name of tlie pupil to whom corporal pmishrnent has been administered
b) the date and nature of offence
c) the date and liature of punishment inflicted
d) name of tile person inflicting the pwiislnnent.
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In order to move away from corporal punislinient at' NGO is encouraging what is tenned "Education without fear" to be introduced in schools. This is discipline without ilillicting physical pain. The strategy is slowly gaining momentum.

Corporal punishment is also administered in teinis of section 329 of the Criminal I)rocedure and Evidence Act. Moderate corporal punishnient is not defined in the Act but is understood to mean a moderate correction of whipping. A court may impose a sentence of. corporal ptmishincnt on a male juvenile offender. 1his sentence is administered by a prison officer appointcd for that purpose and is carried out in privacy. he parent or guardian of tlie itiveilile offender to receive corporal
punisliment has tlie riglit to be present when tlie punishment is being administered. Cooral punishment is administered with a rattan cane one metre long and not more than ten millimetres in diameter. The method used is such tlliat no strokes may be administered on tlic same spot or exceed the munber imposcd by the court. Before corporal punishinent is adnmiistercd flie juvenile offender wears a vcst, a pair of shorts and is protected by a kidney protector. Tlierc is no progress on the recommendation to remove corporal punishment yct.

ifaThily Environment and Alternative Care


19 a. Monitoring *f Instititions


Institutions which provide alternative care for children are rCgistered in ternis of die Children's Protection and Adoption Act (Chapter 33]. Bach institution has to rneet the minimum standards set up in the Children's Protection aiid Adoption Regulations before it is registered and before it can adiiiit cliildren. The minimum standards refer to health, physical salety, qualification of staff and stiniulating cnvironment. During the iiistitution's opcrational period it is inspected by a Probation Oftcer at least twice a year. Training workshops for the staff working in institutions are organized and co-ordinated by the Ziinbahwe Council on the Welfare of Childreii, a non goveimuental organization. Plans are underway to bold at least 3 workshops during the year. Training is nore important now due to the cliailcnges such as children affected by HIV/AID5.




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b. Kehahilltatlon of Child Vietims of Abuse


Through the Victim Friendly Courts Initiative probation officers and persoimel from rclcvant organizations are undergoing special training sessions in counselling to be able to rehabilitate fle victims of cliiId sexual abusc. Tbis training which is organized by non govcrnrnental orSanizations has been initiated in thc two major cities. Networking strategies among the relevant organizations have been put in placc to assist with the rehabilitation process. Plaiis are in place to decentralize Victini Friendly Courts initiatives to all Wovinces.

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The participatory research study prograinine was initiatcd through non govemneiital organizationS Qocal and international) involved with children. The study was conducted in five selected high density areas and two raaal areas tlough focus group discussions which identified the main causes, placcs and people involved in abuse.

iii urban areas the abused children were seen to be cinldren from families with ccrtain features such as parents who go to work, single parents, abandoned and neglected children, prostitute mothers, broken fatnilies, step children, dildreii facing economic problems (poverty and children of unemployed parents) orphans, school dropouts, children employed as domestic workers.

in rural areas the abused children were found to be school children, and again children from poor fmilies and ciffidren from problem homes.

in both urban and rural areas, the abuser was identified as anyone in authority such as teachers, parents, doinestic workers, employers, ngaligas, (traditional healers) and rclatives. it was also noted that children living with relatives may be abused by being ovenvorked and given less food than the relatives' own children.

Abuse was seen to occur because of
poverty and finaiicial desperation iii niral arcas. This would rsult iii child pledging (kizvarira). The general law of Zimbabwe however cn-iiiiiiaIizes the pledging of children.

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traditional bcliefs such as "ngozi" - tliat is pledging a female clii Id to an adt for appeasement of an avenging spirit," inheriting a female child after the death of a wife and in prescribed sex by traditional healers for a cure or bumper harvest.

Other issues raised duiiig the focus group discussions were the role of media aiid scxttdl films lcading to children experilnonting with sex.

Tlie other factors highlighted in this research were in the area of rcporting abnsc. The study fbund that people were not aware of the procedures or where they knew them, they found it difficult to report ff the perpctrator was all influential person.

"1 order to address thc situation, information and awarcncss raising campaigns with teams fr'om all relevant organizations including traditional healers arc in progress. 'Iliese campaigns were first iiiitiated in thc areas wherc the research was undertaken. Local videos havc been produced and drama groups are assisting in educating the community. With the Victim Friendly Court Initiative, it is envisaged that more coininmunity participation will occur to assist in preventing child abuse.

21. Periodic Review of Child Placcm


I lie Dcpartment of Social Welfare in the Ministry of Public Sernce, Labour and Social Welfare maintains a register at district, provincial and national level of all court placements and the review of placement is done periodically. Ajuvenile court order placing a child in alternative care is reviewed wlieiiever circulustances of the child are deemed (0 havc changed. This can happen witlun a period of a month or less. Three ycars is the inaximum life span of a court order. ic proposed amendment of tlie Act reduces the period to two years to eiisure that tlic probation oftcers will not allow a child to stay for up to (liree years without the review of his/her circtunstances. Tlie thrust is that the child has a right to have a faiuiy. Tlie institutions also submit yearly progress repofls on each individual child in their care.






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l3asic ealth and Welfare


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Th Ministry of Education pohcy of 'education for all' includes children with disabilities. For every 7 cliildren with a hearing or visual impairinent, ineiital impairment or gcneral learning difficulties a spccial teacher is allocated to the school and a resource centre for tbe children is made available. The purpose of having this teacher is to enable him/her to work with these children so that they can casily be integrated in the normal school curriculum.

The ratio of teacher to pupils for those with bearing or mental ilnpainnent, is 1:7 for visual impairment 1:10 and for genal learning difficulties 1:15. Special personnel such as educational psychologists1 speech therapists, guidancc and counsellors, remcdial tutors and specialist teachers are ei:nployed in the ministry.

Vocational trairLing of children with disability is the responsibility of both government and non governmental organizations. Some of the children with physical and visual disabilities have successfully qualified as teachers, lawyers, teclinicians nd social workers.

23. Dissemination of Infornat(on and Education on HIVIAlDS


Therc are a number of channels being used to educate the genera! popation and the groups with high risk on HiVIAlDS.

Through the usc of mass media, botli print and electronic, posters, pamphlets, news papers and magaziiies the extent of HlV/AIDS among the Zimbabwean populace is discussed. 13se is also made of songs and drama by schools and drama groups.

For the at risk groups - there are specific programmes targeted for each group. For tlic youth in school, the school cuinculum includes AIDS materials starting froin Grade 4 priniary school up to tertiary colleges. AIDS co-ordinators have been idcntificd to work in the colleges as the youig females within 15-29 are the highest at risk. For tlie youth out of school there are peer group educators within the yoi groups to assist in awareness raising.

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Political groups are also involved ic advocacy through their constituencies.

Commercial sex workers have been orgailized and education through meetings and senlinars are conducted. Thcrc arc also special programmes for the long distance drivers at the major and common stopovers. Programmes are also bciiig coiiducted at the work place.

'Plic church community tlirough its own corninwilty workers is assisting with the disscminon of information as well as Lssisting those already infectod.

Programmes are in place to enable those living with AIDS to cope with the illness and to avoid unncccssary cxposurcq

Iii Zimbabwe HJV/AIDS is now olie of the six major killer diseases for the under fives. Its effect is being felt as huge amounts of resources both human, matenal and financial are being diverted to cope with the problem. Prep&ations arc underway to discuss the budgctary iinplications for the National AIDS Coordination Programme (NACP) in cabinet sincc at pi':sent the programme is mainly donor funded. There also discussions with government i order to place AIDS as one of the priodty areas. l'Iie broad policy on the program is being developed. in tlie meantime a draft policy which addresses HIVIAlDS at tlie work placc has bccn dcvclopcd.

in order to address the issue of children orphaned through ADS another draft policy on Orphan Care has been developed. Thcsc policies should assist in addressing the socic-economic problems faced by these groups aiid should act as impetus for fiu-tlir budgetwy allocations to addiess the AIDS problems.

24. J'he Poverty Alieviadon ActIon Plan

Tle Poveriy Alleviation Action Plan (PAAP) docwnent has been filialized. The main features of the PAAP implementation strategy include:

Targotiiig of social expendite
Participatory approach to poverty alleviation
Pattnersliip approach to social delivery


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PAAP was preceded by a Poverty Assessnient Study (PAS) undertaken by the Ministry of Ptiblic Service, Labour and Social Welfitre which produced a preliminary report in April 1996. The rcport covers, among other indicators, geographical distribution of poverty arid poverty perceptions at district Jcvcl. The PAS provides guidelines for development of long terln strategies on poverty reducdon.

I)siiig tlic results of PAS; Government is:


Developing a Community Development Project which will assist at community level -by providing direct grailts to communities which will be used to rehabilitate social and economic infrastructurc.

Consolidating the micro-enterprise prograilime to focus on infoniial sector and small business activities as a way to generate income and employment for families.

0hcse programmes are implemented with the involvement of other lion-statc actors such as non governmental organizati On S, community based orgailizations and private banking institutions.

25. Strategies for EnsurIng Government Suppofl to tiie Vulnerable Groups


While goveniment may not boast of being able to reach all the vullierable persons the tbllowing strategies have been introduced:-

Area targeting - deficit areas are targeted in total. Irrimary school education is free in rural arcas Treatment at rural health centres is free and drought relief is distributed in tiiese areas. During the 1992/93 drought period a total of 6 million people benefittod in the rural areas out of a total rural populatioii of over 7 million- an indication that there is improvement on awareness caJnpaigns and iniplcmentatlon of progralniucs.

Secondary school heads are aware of the assistance programmes and they assess and refer the deserviiig cases to tlie Department of Social Welfare for assistance.


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The public is made awarc of these prograinmes through the media and local colIimtity leaders.

Scntinel Surveillance continues to be used to monitor tIie coverage of the Social Safety Nets.

26. EARLY CHILDOOD EDUCATION AND CARE lOVLSJON SINCE INDEPFNDENCE


From about 1981 /inibabwe has ('stablislied more than 6 O00EarIy Childhood ducation and Care (lECEC) centres of which 4 000 are in tlic rural areas and 2 000 iii tlie urban areas. Of the 4 000 niral centres, 3 000 are registercd, and of the 2 000 udan centres, 1 000 are registered Tliis represents 28 per cent towards the goal of reaching 48 percent access to early clijidhood education and care by the year 2000.

Tlie expansion of early childliood education and care centres is being slowed down by the enforcement of registration criteria. The regisfration regulations are placed to enStire quality ECEC scrvices. Pibe urban areas are also affected by the high cost of buildings. To some extent ECECs in rural areas which arc operated by colini:iunities receive free labour provided by parents who then only require flinds to purchase basic buildiiig materials.

ducabqn, snre and Cultnrp Activities


27.

Iii view of thc adoption of the Ecooniic Structural Adjustment Progratnine the Cioveniment focus iS now on quality ratlicr than qnantity education. As a result it sloed down the building of schools in rural and urban areas. However, the Government encouiflges the Schools Development Committees and Schools I )cvelopjrient Associations to continue tlie eXpd'nsion of physical facilities in their sclools in niral areas. Some primary schools in very remote areas are being built with donor assistance.





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Iii remote &eas, therc are Inany prima schools offer up to Gradc 3 class to shorten distaiices among tilem to enable Younger school children to attend. Older childreii attend Grade 7 Primary sd)ools which are fu,rtlier apart. In commercial farming COnlln'n)ities1 the government gives $50 000 incentive money to farmers who donate thcir land to build primary schools. Whilst SOme farmers are receptive to the idea, others arc not.

Tlicre are also some scholarships in place for rm children who are intellectually able at the ratio of 3 boys to 7 glits in all the 9 educational regiolis. Each year ninety children bcnefit from the scheme.

l3cfore the Ecojiomic Structural Adjustment r0gralnme (ESAP), was effected prilnary education was tuition free for all in Ziinbabwc. With the adoption of ESAP, thc C'oveniment introduced a policy of "Cost Recovery" which ijsed the real cost for the family in educating their cbildren as follows;

Costing:

RurpiAre5

a. Primary schools
1. Tuition fees Nil p.a.
Boarding Fees $1 526 p.a. -

B. Secondary Schools

I. Tuition Fees $150.00p.a.
ii. oardingFees $1 980 pa.

urban Hih Density Surbubs

a. Primary Schools
I Tuition fees $84.00 p.a.
ii. Boarding fees $1 63600 p.a.



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B. Secondary School

1 Tuition Fecs $285.00 p.a.
I!. l3oardiiig Fees $1 980.00 p.a.


Urbn Low Density Surbubs


a. Primary School
1 Twtion fees $210.00 p.a.
1). l3oardilig fees $1 656 p.a.

b. Sccondai School

1. Tuition Fees $33S.oo p.a.
Ii. 3oarding}ccs $1 980.OOp.a.


[here is need to include the cost of uniforms, school levies and building Thnds which arc varicd depcnding on the school development associations and (ypes of school.

In addition to the Public Assistanoc Fund and the Social Development Fund, niere is also the schools supplcmentary dilig programme to encourage regular school attendancc, especially during the drouglit period. Girls in secondary schools wlio are academically.gifted benefit from scholarshjps awarded by the private sector, non governinen tal orgwiizatioi5, local authorities atid individuals. Adult literacy campaigiis dirccted at parents play a big role in conscientising parents to appreciate tlic value of edication.

28. The Goveninient of Zimbabwe built two Colleges of Education iii the country to train practically biased teachers to teach practical subjects at secondary school level raiigii)g from building to carpentry; metalwork to technical drawing; agriculture to anjinal husbandry; honie economics to fasliion aild fabrics and so on.

However, teclinical sutjects are oftred along with academic subjects iii secondary schools. )ere are also 69 pilot tecluiical secondary schools in tlie coirntry, offering Zimbabwe National Foundaion Certificate at 'O" lcvel. These pilot schools arc distributed tIUougliout thc 9 regionS.

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Cornpulory
education has not been enforced since education is not free in Zimbabwe. Parents are encouraged especially in the rural areas to send children to school Since tuition is free. II) the urban areas to encourage attendance clijidren calinot be excluded from school if there is no payment of levies or school wufojms Until education is free, measures for compulsory education are difficult to put in place.



29.

'liiis is no lon&'er a cause of concern as there are very few refugees in the countly because the Mozambican reflgees.h been repatriated to Mozam,bique Therc arc no measure in ple for informing ftfugee and asyiwn seeking cliildren of their rights. The Department of Social Welfaro cnsurcs that thcsc ai not Separated from their parents.

'The granting of refugee status involves many players including the LJNCHR. Staff in cont'ct with refugees and asyluni seekers are exposed to triig prograi5 on llumaiiitarian law including the rights of children periodically.

Human rights organiza5 such as Zitwights, arc encouraged to educate regees aiid asylum seekers on their rights. lt is the Government policy to afford CR as much access to refugees and asylum seekers as they desire. lii this way refiigees and asylum seekers of any age are -inade aware of their riglits.

With tile sllccessfijl care and protection of Mozambican refugees and their successl repatriation there are no reThgecs in Camps at this point in time. The current refugee5 froin other countries are first cared for on arrival at a transit centre. Thcrc-aftcr they are d'sslsted to Jive in the community and e1oy all facilities available to Zimbabweans.






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30.

Tlie voluntary repatriation in 1994 supported by UNCHR saw a lot of Mozatnbicai children who liad taken rcfiige in flie street leav. A few who remained behind have joined the Zimbabwe street children. in 1993 the Govennnent formed the following spccial committees to address the issue of street children:-

Cabinet coininittee on "stre kids"
National coinmiflee on "stret kids" a'id
A Working Party of officials on "street kids".

The Worl:ing Party of officials which incorporated the Child Welfare Fonzin
prepared and presented (lie "Integrated Paper on Street Kids". This paper has been adopted by Cabinet. The care systems focused in the paper iii order opreference arc:
The nuclear family
The extended family
'I 'he community
Place of safety and
institutional care.

Progrinmcs in placc for the street children include:

Drop-in-Centres. These centres provide counselling services. After
cotuiselling alternative care and rehabilitation is planned with the child's
involvement. Children are transferred to tile other prograinines mentioned below.
Reliabilitation at the former refugee camps run by an non govenuiiental organizati on
Back-to-school programmes where non governinental orgaiiizations and Govenunent assist children to return to their parents and go to school.
Commuiiity Programmes - Coininuiiity Based Care for Orphaiis and Children in Difficult Cfrcumstances arc being piloted iii tliree models; the rural, urban and farm models. 'ihe models wero preceded by studies and fley are seen as a way of captLiring dildren in dicult circwnstancs bfor thy take refiig in the strects.

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31. Iife Innonsonment

Life imprisonment and indetenninate sentence are not imposed on children under 18 years in Zimbabwe. It is worth notwg that magistrates do not have the jurisdiction to pass these sentences, only a High Court Judg may pass these sentences on adult otienders.

There is no statutory provision which prohibits the imposition of a lifc sentence on a juvenile offender. ln practice, however, in Zimbabwe, courts have not imposed life imprisonment or indeteniiinatc sentences on children.

32. $upervion of Places of I)tention


Ihe Ren:ind Homes where children are detaiid are adjacent to government institutions for the care of children and they fall under the institution's adininistration. Government has embarked on a programme to ensure that staff adrninistering the remand homes are supervised by Wofessional staff and that they are involved in the workshops mentioned earlier on. The senior staff in the Department of Social We1fre provide periodic supervision as wcll.

33. l)eprivation of Liberty - Complaints Procedures

Section 13 of the Constitution guawanteos the right to personal liberty of every person in Zimbabwe including children. No person may be arrested or detained without lawful authority.

Each child who is detained/awaiting for whatever inquiry is referred to a probation officer who compiles a report about his/Ier circumstances. Thc orncer will take action whenever necessai to ensure flt tile child is afforded hisilier rights.

34. Separation of Children in Phices of Detention


Children are separated from adults in places of detention whenever possible within the available resources. It is still Government policy to segregate juveiiile offenders froin adult offenders.


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35. Community-Based Care

Ilic Conimunity Bascd Care for Orphans and Children in Difficult Circumstances is sccn as having long tcrm solutions. Whcn thc community has been adequately conscientized will be aware of the child's riglits, they will be ablc to provide structures for pldces of safety. The proposed ameniment to the Children's Protection and Adoption Act which is being considered provides for community-based places of safety with families. The Orphan Care Policy also recognizes flie need for community based strategies for the upbringing of orphans.

36. ChlldLabour

After the 1992 seminar on chid labour organized by ILO, the Government put in place an Intersectoral Task Force which studied the recommendations. The task force drafted regulations which arc currently being considered. It is also carrying Out consultations with relevant departments and interested persons regarding the ILO Coiivention no 138 in relation to laws in Ziinbabwe.

37. The Government of Zimbabwe ratified the ILO Convention No. 81 which provides for the inspection of compames and all woiking places including farms. Tlie Ministry of Public Service, Labour and,- Social Wclfarc cmploys labour inspectors who periodically inspect preinrS'es, industries and farms.

38. it is difficult to ensure the 136 to education of children who are working because education is not compulory as cxplaincd carlicr in the tcxt.

39. Sexusl Fxpioitatin'o) Children


Section 7 of the Ch,dr'en's Protection and Adoption Act, the Criiiiinal Law Aite;idment Act and tlie African Marriages Act make it an offonce to allow a child to engage in sexial activities such as prostittition or jinmoral acts and having sexual intercourse with a female under the age of sixteen. Since sex'aI exploitation of children is a criminal offence in Zimbabwe, a child seeking help iii such situations can report to a parent, guardian or the police, who will take the mattcr to court.



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- For assistance to children who have been violated there are non-governmental organizations which are currently available to children to request for assistance. In most cases assistance is done through guardians or parents.

At present rehabilitation progranimes are mirinial, no trauma centres are available but counselling services for the child and the whole family are now being established through the Victim Friendly Court Initiative. Programmes are not yet in place to rehabilitate specifically the perpetrators of such violations.

40. Minority Languages


Some progress has been made regardiiig the provision of mother tongue education for children belonging to minorities. At present four niinorities languages are now being taught at primary school level up to grade 3. These are, Kalanga, Ndau, Tonga and Venda. The shortage of writers and teachers for the minoritylanguages need to be addressed.

41. Information and Education Campaign about the Harmful Effects of

Alcohol:

The information and education campaigns to teach children about the harm effects of alcohol is being addressedjointly by Governnent and non-governmental organizations.

Special Criminal Investigation Department officers discuss the problerns of alcohol and drug abuse with high school children. They also bring the different exhibits to enable the students to identiiy them. Through the mass media, education campaigns are being carried out. Recently, Government and World Health Organization recently orgazized a school essay competition on the topic and schools competed nationally for the prizes. Information on alcohol and the drug abuse has also been included in the AIDS material produced for school children from grade 3 to form 6. In March 1996 a rally to highlight the dangers of drug abuse was organized for children through government and International and local organizations. The media has also highlighted the problems faced by street kids as they indulge in glue-sniffing.

©1996-2001
Office of the United Nations High Commissioner for Human Rights
Geneva, Switzerland