Dissertations / Theses on the topic 'Children's rights – Zimbabwe'

Doctor Legum - LLD
The prevalence of corporal punishment and life imprisonment sentences for children in Africa is tied to their legal history. Colonialism had an extensive impact on the criminal law of most African States, including the handling of children in conflict with the law. African States adopted models of juvenile justice which were a result of social, economic and political circumstances occurring in Europe at that time. However, these circumstances were not necessarily similar to the circumstances prevalent in African States at the same time, neither was the image of the colonial country’s child similar to that of the African child. The coming into force of the Convention on the Rights of the Child, which has been ratified by all nations, except the United States, created a uniform platform for all State Parties to create separate justice systems for dealing with children in conflict with the law and abolish inhuman sentences such as life imprisonment and corporal punishment. In light of the obligation to abolish inhuman sentences and create separate systems for dealing with children in conflict with the law, this thesis discusses Zimbabwe and Botswana’s compliance with these obligations. The thesis proposes a sentencing guideline for children in conflict with the law in Zimbabwe and Botswana. The study also proposes an alignment of the national laws of these two countries on sentencing children to reflect their international obligations.

The study examines the nature and extent of child labour in Goromonzi District farms in Zimbabwe. The main objective of the study was to investigate the nature and extent of child labour in Goromonzi District farms. The study reveals high levels of child exploitation and abuse. A qualitative design was chosen and purposive sampling was used. Interviews were used to collect data. The sample consisted of 40 children between 7 and 16 years. Interviews were also conducted with the Coalition Against Child Labour in Zimbabwe (CACLAZ). CACLAZ is an NGO that specializes in the elimination of child labour in Zimbabwe through the provision of education. The study reveals different forms of child labour. These include children working in communal and commercial farms, children working in domestic set up and child prostitution. The study exposes some of the causes and effects of child labour. Poverty, increased cost of education, and cultural practices were some of the causes of child labour. The study also reveals gaps that exist in the LRA. In view of the findings, the study makes recommendation on how to curb child labour and protect the rights of children as enshrined in various international instruments such as the CRC and ILO Conventions.

Prior to 1990, very few countries in the world offered special protection to child witnesses interfacing with the justice system. There were no legal provisions permitting testimonial accommodations for children in court. The courtroom experience was significantly traumatic for the children. With the international focus shifting from protecting and upholding the rights of the accused in the courtroom towards a more victim-centred approach, various international and regional instruments have strongly dvocated that children deserve special protection because of their vulnerability. In order for the courts to be able to elicit accurate evidence from the child without further traumatizing the child, research has shown that the child needs assistance. An intermediary may be defined as a person who facilitates communication between the child and the courtroom in a manner that takes into account the child‟s cognitive and developmental limitations. The thesis was prompted by the need to make a contribution to the currently limited body of literature on the intermediary systems in South Africa, Namibia, Zimbabwe and Ethiopia by investigating how the systems can be improved and sustained in a way that helps to protect the child witness in court. Despite the problems the South African courts have had in identifying the appropriate interpretation of its intermediary legislation, the country emerges as a clear leader for the steps it took by creating a positive legal framework within which child protection issues are addressed and introducing the concept of the intermediary. This concept proved to be an inspiration to its neighbours, Namibia and Zimbabwe. The influence of the South African intermediary legislation is evident in the Namibian and Zimbabwean legislation. Although Namibian legislators have drafted laws that permit intermediary assistance in court, there are as yet no intermediaries appointed. In Ethiopia, although there is no discernible intermediary legislation, the country has managed to establish an intermediary system. As a result of the analysis conducted, it is evident that the efficacy of the intermediary system is dependent on the presence of an enabling legislation, its clarity and ease of interpretation, the sensitisation of court role players on child vulnerabilities, the significance of intermediary assistance, and finally a government's commitment towards the implementation process.

"In Zimbabwe the sexual abuse and exploitation of the girl child remains high. Recently the state has acknowledged the problem of sexual abuse and exploitation of the girl child and has indicated the willingness to step up campaigns against it. This campaign, however, targets school children in primary and secondary schools. There has also been an increase of sexual abuse of children in schools by the teachers and other staff members. The family as an institution has facilitated child abuse and exploitation in Zimbabwe through cultural practices and customs as a survival tactic. Some commentators have directly linked the revival of these cultural practices to the economic crisis that has resulted in food shortages around the country. These traditional practices include the marriages of the child to older men in exchange for food or money known as kuzvarira, kuripa ngozi, or pledging a girl into marriage and virginity testing. Some of the practices are, however, not directly linked to the prevailing economic crisis, but are just practiced as a tradition like chiramu. These practices have become more common amongst the Shona, the largest tribe constituting at least 76% of the population, and predominantly patriarchal. Theorists of patriarchy have directed their attention to the subordinate status of women and found their explanation in the male need to dominate the female. Although Zimbabwe as a state has shown a commitment to protecting children against sexual abuse by enactment of laws criminalising involvement of the girl child in prostitution, incest and rape of girls, little has been done to ensure that forced and early marriages of the girl child are curtailed. Virginity testing is not criminalised and is also currently being practised in rural parts of the country on a wide scale. ... Chapter one introduces the problem of child sexual abuse and exploitation of the girl child as a universal problem and gives a structure of the study. Chapter two discusses the concept of a child, sexual abuse and exploitation as a human rights problem. It analyses the protection of children under international human rights law. Chapter three gives a broad overview of the relationship between culture and children's rights. The role of the family will also be discussed as articulated in the human rights instruments. Chapter four highlights and discusses the cultural practices that result in sexual abuse and exploitation of the girl child in Zimbabwe. The legal framework protecting children from sexual abuse and exploitation and the shortcomings will be highlighted. The impact of such sexual abuse and exploitation on the overall development of the child will also be discussed. Chapter five makes recommendations by looking at the developments from other countries on the rights of the girl child and cultural practises that result in sexual abuse." -- Introduction.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006.
Prepared under the supervision of Dr. B. Twinomugisha, Faculty of Law, Makerere University, Kampala, Uganda
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM

Doctor Legum - LLD
The issue of child motherhood remains a key challenge, especially in developing countries such as Zimbabwe. Despite bearing the worst of its effects, Zimbabwe looks largely to have fallen short of answers to solve this problem. The focus has been on legal solutions to prevent and ban child marriages, which leaves the plight of child mothers and/or motherhood often forgotten. Interestingly, the 2016 landmark case of Mudzuru and another v Minister of Justice, Legal and Parliamentary Affairs which declared child marriages illegal serves as an eye opener to the challenges of how to legally protect child mothers in Zimbabwe. Though dealing with child marriages, the importance of the case is the fact that child marriages are the major contributor of adolescent motherhood in that married girls become predominantly child-bearers. According to provincial statistics in Zimbabwe, Manicaland and Mashonaland Central provinces have the highest number of child mothers averaging 27 and 30 per cent, respectively. The Zimbabwe Demographic and Health Survey reported that nine out of 10 teens aged 15 to 19 are sexually active, and two out three first have had sex before the age of 15. Therefore, girls are at risk of becoming child mothers, without necessarily being married. Consequently, the need to protect girls from early motherhood, and give effect to the rights of girls who are already child mothers becomes a pressing issue. Zimbabwe has made several international commitments to the realisation of children’s rights. It is a signatory to the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, which contain provisions that protect girls against child motherhood and the rights of child mothers. In 2013, Zimbabwe adopted a new Constitution. It espouses a regime of justiciable children’s rights. It has also promulgated subsidiary laws that are also relevant to children’s rights. Therefore, the main purpose of this study is to critically analyse legal and policy measures towards the protection of girls against child motherhood and the rights of child mothers in Zimbabwe.

Magister Legum - LLM
The Universal Declaration on Human Rights (UDHR) provides that „everyone has the right to nationality.‟1 Nationality2 refers to the legal relationship between a State and an individual.3 The consequences are that this legal relationship gives rise to obligations and rights conferred by the State on these individuals. Statelessness occurs when an individual has no nationality of any country; a stateless person is someone who is not considered as a national by any State under the operation of its laws.

This study investigated the situation of street children in Zimbabwe with reference to the United Nations Convention on the Rights of the Child (1989). It examined the services that have been provided to meet street children’s needs and safeguard their rights. There is a dearth of literature focusing on street children in Zimbabwe. The available literature is descriptive; it contributes very little towards understanding of the problem and needs of street children. It does not provide a useful framework for formulating policy and designing interventions or practices with the children. Models being used by some non-governmental organizations derive mainly from studies conducted in Latin America and other developing countries like India, Kenya and South Africa. This study draws, mainly on literature from Latin America and other studies outside of Zimbabwe. Quantitative and qualitative data were gathered from street children and service providers, using a triangulation of methods. Ethnography was particularly useful as it allowed the project to adopt a child-centered approach. Interviews and group discussions were conducted with service providers. Documents from non-governmental organizations helped to understand their work with the street children. A breakdown of the extended family unit, poverty, HIV/AIDS, corruption and land reform have hindered the protection of children’s rights as prescribed by the United Nations Convention on the Rights of the Child. Zimbabwe has no mechanisms in place to enforce them. Although a range of difficulties plague projects for street children, some projects have succeeded in improving the well-being of some street children. Zimbabwe is violating the United Nations Convention on the Rights of the Child. It should seriously and urgently consider re-deploying its ‘welfare’ departments into ‘development ‘departments for it to realize the rights of street children.

This thesis aims to deepen our understanding of the barriers that migrant children face in accessing quality education in their host country. It has identified gaps in the research on education of cross-border migrant children in a setting which promotes integration into the host community, and which does not use camps. The research is based in a small border town in northern South Africa and focuses on the recent influx of Zimbabwean migrants into South Africa as a result of political crisis and economic collapse in their homeland. This community was chosen because it is believed to be illustrative of the broader problems faced by cross-border migrant children. The thesis is structured around three central questions, focusing on (i) understanding who these migrant children are and their reasons for migration, (ii) the barriers they face in accessing quality basic education and (iii) the social and institutional networks that influence these children and the role the networks play in overcoming these barriers. The research examines the role of the state and the international community in the provision of support for this marginalised group. It further assesses the influence of social and institutional networks on migrants and the tactics they employ to overcome the barriers to educational success. The study used both quantitative and qualitative research methods, with the majority of data collected through an in-depth survey of 100 migrant children, between the ages of 6 and 17, and 35 parent/guardians. In addition, focus group discussions with teachers and interviews with 12 school principals were conducted. The views of members of the local Municipality involved with migrant children were also sought. The literature review revealed that, while there has been some research on barriers to education in camp settings, there is very limited research on educational access for migrant children integrating into host communities. This study has been able to contribute to this thin body of knowledge by demonstrating that as well as facing the traditional educational access barriers (lack of infrastructure, educational costs, enrolment requirements and social exclusion), integrating migrant children are faced with additional access barriers largely linked to their legal status (civil status, residence, status of guardians). The research identified the difficulties of obtaining the necessary legal status and some important shortcomings of the current migrant classification system. Getting the right documentation to obtain legal status often placed unreasonable burdens on the children and forced them into a catch 22 situation where they needed to return to their homeland to procure documents required for admission to school but doing so automatically invalidated the claims to refugee status. This particular study also highlighted the difficulty in classifying migrants who have fled from a country (Zimbabwe) that is not officially recognised as a conflict zone despite the characteristics of the Zimbabwean migrant situation being largely indistinguishable from classical conflict driven migration. The thesis concludes by recommending steps to change the definition and typology of migrants and points to the policy changes, with regard to support of migrant children that are required. The definitions should be changed to cater for the individual needs of the children so that legal and bureaucratic requirements do not present such an impediment to education. The thesis identified the large role of both the social and institutional networks of the migrant children in overcoming access barriers. This points to an area of valuable further research, which could provide a foundation for better policy development and implementation strategies that recognise the social and institutional dynamics that influence the decisions and choices made by migrant children and their parents.

Zimbabwe made commitments- global, regional and national- towards the fulfilment of the right to social protection for Orphans and Vulnerable Children (OVC) by ratifying international conventions and other regional instruments. Whilst such commitments are commendable, Zimbabwe has faced challenges in translating such commitments into actual deliverables. Currently, child protection mechanisms for OVC in Zimbabwe include, amongst others, Basic Education Assistance Module (BEAM), through which tuition fees, levy and examination fees assistance is provided to vulnerable children. The other social protection mechanisms are the food aid programme, public works programmes and the National Strategy on Children in Difficult Circumstances. An evaluation of the current social protection mechanisms for OVC in Zimbabwe, among other things, reported inadequate intervention of the current mechanisms so as to adequately provide for OVC. This may call for new innovative social protection mechanisms, like cash transfers, to replace some of the current mechanisms so as to adequately provide for OVC. Social cash transfers are receiving increasing recognition as a means of dealing with the of OVC problem worldwide, and more recently in Africa. There are a number of African countries that have introduced social cash transfers for children within their jurisdictions. Notable examples are South Africa, Zambia and Malawi. Social cash transfers have a positive impact on the education, health and nutrition of OVC. Social cash transfers do not involve large sums of money, thus they may be a desirable option for the social protection of OVC and their households in low income countries like Zimbabwe.
Thesis (M.A.)-University of KwaZulu-Natal, Durban, 2010.

The socio-economic and political crisis in Zimbabwe is breeding poverty which forces children to drop out of school and find a way to survive. Children in Zimbabwe no longer work for extra income to spend with peers or to pay for school fees, but they work for their survival. Therefore this is a study on child labour. Zimbabwe is signatory to the United Nations Convention on the Rights of the Child however, all these laws are not helping to mitigate against child labour. Despite the existence of child labour in Zimbabwe there has been little theological response. The current theological debates have overlooked the suffering of children through child labour. This argument refers to both academic and church theology. The basic theological argument in this study is that in order to protect children from child labour there is need to construct a liberative theology of children which focuses on; dignity, identity, love, justice and freedom.
Thesis (M.Th.)-University of KwaZulu-Natal, Pietermaritzburg, 2009.

A distressing consequence of the HIV/AIDS pandemic and of the increasing numbers of orphans and decreasing numbers of caregivers is the emergence in ever larger numbers of child-headed households (CHHs). The complexity of issues affecting CHHs and the lack of research on this subject means that CHHs are not well understood. This sometimes prompts support agencies to provide emotionally driven recommendations suggesting that it is better for a child to be in an orphanage than to live in a CHH. This exploratory study, involving heads of 105 CHHs over a 12 month period and 142 participants in various focus group discussions (FGD) and interviews, suggests the need for a change in perspective. It addresses the question of CHH quality of life, coping strategies and household functioning and attempts to bring this into a productive dialogue with community child care activities, NGO and statutory support and child care and protection policies. Research data suggests that the key determining factor contributing towards the creation of a CHH is `pre-parental illness' family conflict. Another contributing factor is that siblings want to stay together after parental death. Quality of life assessments indicate that despite significant adversities, over 69% of CHHs reported a 'medium' to 'satisfactory' quality of life and demonstrate high levels of resilience. As regards vulnerability to abuse, it is found that while CHH members are more vulnerable to external abuse, they experience little within their household. Contrary to public perceptions about CHHs lacking moral values, CHH behaviour might actually be more responsible than non-CHH peer behaviour as their negative experiences appear to galvanize them into adopting responsible behaviour. Community care and neighbourhood support in older townships are better established compared with newer suburbs. Sufficient community care capacity enables CHHs to function, thus avoiding a situation where households disintegrate and household members end up as street children. CHH coping responses seem to be mainly influenced by individual and community factors, and by social, spiritual and material support. The interplay between these and the CHH's ability to engage in the required coping task impacts on the coping outcome at household level. National and international government and non-governmental child service providers in Southern Africa need to recognize that an adequately supported CHH is an acceptable alternative care arrangement for certain children in communities with high adult AIDS mortality and where adult HIV-prevalence exceeds 10%.
Development Studies
D. Ltt. et Phil. (Development Studies)