As detailed in article 11 and article 17, corporal punishment is institutionalized in both
schools (where its application is regulated) and the criminal justice system as a legal
punishment for children. The administration of justice is largely based on archaic law24
and addresses delinquency by seeking to punish child offenders rather than promoting
rehabilitation and life style alternatives to crime. Recent measures undertaken by the
Government to reduce violence and abuse (for example restricting corporal punishment
in schools to four strokes), do not adequately reflect what is envisaged in the ACRWC
with respect to child protection.
One of the major objectives of the MCDGC Child Policy of 1996 was to ensure that there
are laws which protect children against child abuse and exploitation.
Legislative
measures against child abuse and exploitation are provided in the Act No.6 of 2004
known as Penal Code Act. in Zanzibar which covers sexual offences. Child abuse
however is not specifically defined under these laws. As a result, compulsory reporting is
not provided for, and the institution or body that is responsible for the appropriate
intervention in child abuse cases is not clearly defined.
Aspects of child abuse which are an offence include: actual bodily harm, sexual
harassment, ill treatment, neglect or abandonment of a child in one’s care; failure to
provide necessities of life to a child under 14 years in one’s care whereby the life of that
child is likely to be endangered; carrying out Female Genital Mutilation (FGM/C) on
girls under 18 years of age; sexual exploitation;25 rape, unnatural offences, incest,
indecent assault, and abduction; procuration for purposes of prostitution, grave sexual
abuse and trafficking of persons including children; having sex with a girl under 15, or
with a girl under 18 if she is not one’s wife. Article 13 of the URT Constitution also
states that “no person shall be subjected to torture, inhuman or degrading punishment or
treatment”. Similar protection is also guaranteed in Zanzibar’s Constitution
24
For example, Cap 13 the Children and Young Persons Act.
Sexual exploitation is defined as: Knowingly permits any child to remain in any premises, for the purposes of
causing such child to be sexually abused or to participate in any form of sexual activity or in any obscene or indecent
exhibition or show; Acts as a procurer of a child for the purposes of sexual intercourse or for any form of sexual abuse
or indecent exhibition or show; gives monetary consideration, goods or other benefits to a child or his parents with
intent to procure the child for sexual intercourse or any form of sexual abuse or indecent exhibition or show.
25
24