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

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