Ending Physical and Humiliating Punishment against Children: Summary Ethiopia, Kenya, Sudan and Uganda Save the Children fights for children's rights. We deliver immediate and lasting improvements to children's lives worldwide.

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This report is part of a series reports, studying Physical and humiliating Punishment against Children in Ethiopia, Kenya, Sudan and Uganda, published by Save the Children Sweden.

© 2005 Save the Children Sweden Author: Save the Children Sweden and Alebel Derib Editor: Greg McIvor

Save the Children Sweden Eastern and Central Africa Regional Office Box 3457 Addis Ababa, Ethiopia Tel: +251 11 32 10 960 Fax: +251 11 32 14 234 Mail [email protected]

2 Ending Physical and Humiliating Punishment against Children: Summary Table of Contents

1. Introduction ...... 4 2. Legal Status of PHP...... 5 2.1 Ethiopia ...... 5 2.2 Kenya...... 5 2.3 Uganda ...... 6 3. Recommendations by human rights treaty bodies...... 8 3.1 Ethiopia ...... 8 Committee on the Rights of the Child...... 8 Committee on the Rights of the Child...... 8 3.2 Kenya...... 8 Committee on the Rights of the Child...... 8 3.3 Uganda ...... 9 Committee on the Rights of the Child...... 9 Human Rights Committee ...... 9 4. Research review on PHP...... 10 4.1 Causes of PHP...... 10 4.1.1 Ethiopia...... 10 4.1.2 Kenya...... 11 4.1.3 Uganda...... 11 4.2 Effects of physical and humiliating punishment...... 14 4.2.1 Ethiopia...... 14 4.2.2 Kenya...... 15 4.2.3 Sudan ...... 16 4.2.4 Uganda...... 16 5. Good practice and effective interventions ...... 18 5.1 Ethiopia ...... 18 Awareness raising ...... 18 Conducting researches and surveys...... 18 Promoting child participation through initiating and supporting clubs in schools...... 18 Protection programmes...... 19 Providing support to victims of violence ...... 19 Child clubs in schools...... 19 Welcoming ceremony to a newborn child by child right clubs in Gonder ...... 20 Digum Elementary School...... 20 5.2 Kenya...... 20 5.3 Uganda ...... 22 Good Practice – Local initiatives among the Sabiny to stop FGM ...... 23 6. Recommendations ...... 24 6.1 Ethiopia ...... 24 Awareness-raising...... 24 Effective enforcement of existing laws ...... 24 Establishing mechanisms for effective reporting of violence...... 24 Regular and systematic data collection and analysis...... 24 Providing support to victims...... 25 Enhancing child participation ...... 25 Law reform...... 25 6.2 Kenya...... 25 6.3 Sudan...... 26 6.4 Uganda ...... 27

Ending Physical and Humiliating Punishment against Children: Summary 3 1. Introduction Children, as members of society least able to protect themselves, have been subjected to different kinds of violence. Physical and humiliating punishment is the most common and widespread type of violence against children in most societies. Children are physically punished and psychologically humiliated and degraded at home, in schools and in the community at large. There is mounting evidence that physical and humiliating punishment endangers children’s survival and development. The right of children to be protected from physical and humiliating punishment is one of the basic rights of children enshrined in the United Nations Convention on the Rights of the Child (UNCRC). Despite this recognition, physical and humiliating punishment is a widespread phenomenon in most countries of the world, particularly in most developing countries. It is for this reason that physical and humiliating punishment is an important aspect of the UN Study on Violence against Children being undertaken. Save The Children Sweden and Save the Children in Uganda commissioned a study on the status of PHP in Ethiopia, Kenya and Sudan; and Uganda respectively. Like many countries, the physical and humiliating punishment of children is very common in Ethiopia, Sudan, Uganda and Kenya according to these studies. It is social accepted as a way of disciplining children and is sanctioned by various cultures and institutions. Although some studies on the nature and extent of the problem in those countries have recently been carried out, adequate information on the various aspects of the problem is not yet available. Most of the surveys on corporal and humiliating punishment have been conducted in specific and limited study sites and mainly focus on school settings.

4 Ending Physical and Humiliating Punishment against Children: Summary 2. Legal Status of PHP 2.1 Ethiopia All forms of corporal and humiliating punishment of children in schools and care institutions have been prohibited by law in Ethiopia since the adoption of the Federal Democratic Republic of Ethiopia Constitution in 1995. Article 36 of the Constitution states that ‘every child has the right to be free of corporal punishment or cruel and inhumane treatment in schools and other institutions responsible for the care of children’. Corporal punishment in schools is also prohibited by the school administration regulation issued by the Ministry of Education in 1998. In this document, corporal punishment is not included in the list of disciplinary measures allowed, and hence it is prohibited. However, the school regulation does not specify the kind of measures that should be taken against school personnel who violate this prohibition. The regulation would have been more complete and effective if the penalties against violators of the regulation had been clearly specified. Most regional Education Bureaus also issued manuals or circulars that prohibited any form of corporal and emotional punishment against children. These documents make it a breach of disciplinary rules for a teacher to use any form of physical punishment and psychological abuse. Article 548 of the 1957 Penal Code and Article 576 of the Revised Penal Code (which is already adopted by Parliament and only awaits publication to actually come into force) impose a criminal liability on a person who, having the custody or charge of a child, maltreats or beats him for any reason or in any manner. These provisions are applicable to personnel of schools and other institutions if they maltreat or beat a child in any manner. 2.2 Kenya The extent of corporal punishment in Kenya is not different from other parts of the world. Documented evidence shows that corporal punishment occurs in many settings, including rehabilitation and remand homes. Data collected from the field demonstrated that the government has taken steps to address corporal punishment in schools and the juvenile justice system. Some of the steps the government has taken are as follows. The Children’s Act Cap 586, which was enacted in December 2001, incorporated into domestic law the UNCRC. On 1 March 2002, the Minister responsible for the administration of the Act, by Notice in Kenya Gazette, granted commencement for the whole of the Act. This meant that the Children and the Young Persons Act (Cap 141), the Adoption Act (Cap 143) and Guardianship of Infants Act (Cap144) were instantly repealed. The banning of corporal punishment by the government in all learning institutions in 2001 through Legal Notice number 56/2001. Following this, in 2002, under the Ministry of Education, the Director of Education issued a Circular to all heads and principals of learning institutions reminding them that corporal punishment was outlawed by the Legal Notice. The Notice referred to the Children’s Act Number 8 of 2001, which provides that:

Children shall be entitled to protection from physical and humiliating abuse by any person A child shall not be subjected to torture, cruel treatment or punishment.

The word ‘shall’ is not obligatory or binding, and this is a major shortcoming in the Circular banning corporal punishment. The Circular stated that corporal punishment is against both the UNCRC and ACRC, to which Kenya is a signatory. Teachers were warned that contravening the Act and the ‘Legal Notice No 56/2001 may result in being liable to prosecution and removal from the Teachers Register…’ Many forms of corporal punishment have been addressed by the Children Act. For instance, Articles XIX: Protection from Abuse and Neglect. The Act states that the penalty for this offence is a fine not exceeding 200,000 shillings, or imprisonment or a term not exceeding five years, or both. The Act does not indicate what should be done regarding corporal punishment in family homes.

Ending Physical and Humiliating Punishment against Children: Summary 5 Most people in Kenya do not know about the Act, and therefore it is difficult to hold them responsible. Yet, it is a known fact that ignorance of the law is no excuse. However, corporal punishment is lawful in the home in Kenya. Article 23 of the Children and Young Persons Act allowed persons having care or control of a child to administer reasonable punishment. This Act was replaced by the Children Act 2001, in which Article 13(1) states that children are entitled to protection from ‘physical and humiliating abuse, neglect and any other form of exploitation’. Part III of the Act regulates parental responsibility – it makes no mention of ‘reasonable chastisement’ but does not explicitly prohibit corporal punishment by parents. Children are protected from ‘excessive’ use of force by Article 241 of the Penal Code. 2.3 Uganda The prevalence of corporal punishment in Uganda is not easy to estimate as no adequate, conclusive research has been carried out. This position is further echoed in an independent study by Save the Children, Ending Corporal Punishment of Children: Making it happen.1 This report states that: ‘No survey will reveal the full extent of corporal punishment. Parents and teachers are likely to under-report it, and in a number of cases very young children who suffer corporal punishment most cannot be interviewed.’ In spite of the under-reporting and coverage, child physical abuse remains prevalent in Uganda today. In a study by Dipak,2 on the problem of violence against children, physical abuse was reported as the most common form of violence against children. According to Dipak (2004), 93.3% of the children studied reported having experienced physical violence such as caning, slapping, pinching, overwork and deprivation of food. Of the children who experienced physical violence, 16.1% said it occurred at least once a week, while 15.0% said it happened every day. The same study found that both girls and boys experienced, with comparable frequency, the common forms of physical violence such as caning and slapping, but girls tended to experience subtle forms of physical violence more often, such as being pinched, while boys were more likely to experience more extreme forms of physical violence, such as being burned, tied up or denied food. Studies on the problem have revealed that physical violence takes place in homes, schools, and communities. In homes, parents (mother, father, stepmother and stepfather) are the main perpetrators. In schools, teachers and older children are the main perpetrators. In the study by Dipak,3 while teachers claimed that they followed official government policy, which outlaws corporal punishment in schools, 64.4% of school children interviewed reported being routinely beaten and humiliated. Asingwire4 reveals that: ‘The nature, magnitude and frequency of situations of child abuse and neglect are partly reinforced by the dominant perceptions and beliefs that communities in Mpigi hold. Most of them supported the practice of beating children with cane and half of them were in favour of slapping, punching, and kicking children.’ Article 24 of the Constitution of the Republic of Uganda clearly states: ‘No person shall be subjected to any form of torture, cruel, inhuman or degrading treatment or punishment.’ This is clearly intended to protect the rights of all Ugandans, including children. The Article, in effect, addresses itself to all forms of physical abuse, including corporal punishment. In 1997, the government of Uganda enacted the Local Government Act CAP 243. This Act provides for Secretaries for Children’s Affairs posts at all levels of local government. Among other functions these persons are charged with the responsibility to ensure that the rights of the children are well protected. The Children Act CAP 59 gives local councils from village to district levels powers to protect and safeguard children, to bring about reconciliation between parents and children and to ensure that children are not abused. In 1997, the Commissioner for Education issued a circular to all district education officers, municipal inspectors of schools, district inspectors of schools, head teachers and principals putting a ban on the use of corporal punishment. Although the circular talks about the temporary ban on corporal punishment, in effect it was intended to regulate and guide all authorities on the use of corporal punishment. The circular notes, however, that corporal punishment is prescribed in the penal code of Uganda laws, usually accompanied with hard labour. According to the

6 Ending Physical and Humiliating Punishment against Children: Summary circular, the problem with the use of corporal punishment in Ugandan schools is that it is not governed by clearly defined procedures, rules or guidelines to give it a positive and professional value as a deterrent measure in promoting discipline. Among others, this circular spells out the following measures: • The use of a cane as a disciplining measure shall not be permitted in nursery schools and infant classes. The use of a cane was considered brutal, violent and sadistic. • In all circumstances, the school management committees or boards of governors must approve the entire system of punishments in schools and colleges. This leaves the school with the discretion of power to administer corporal punishment. • Where these guidelines are ignored or abused, the culprits will be criminally held responsible for their actions and will have to face the law, including any professional conduct code.

The above sanction by the Commissioner for Education confirms that corporal punishment against children in schools is not legally binding. This circular is put in place to ensure that the practice is stopped, or at least minimized.

Ending Physical and Humiliating Punishment against Children: Summary 7 3. Recommendations by human rights treaty bodies 3.1 Ethiopia

Committee on the Rights of the Child (21 February 2001, CRC/C/15/Add.144, Concluding observations on second report, paras. 6, 38 and 39) ‘The Committee notes the interim prohibition by the Ministry of Education of the use of corporal punishment by schools…

‘While noting the Ministry of Education’s interim measures prohibiting the use of corporal punishment in schools, the Committee remains concerned that, in practice, corporal punishment remains common in schools and in the context of the family.

‘In the light of Article 28.2 of the Convention, the Committee recommends that the State party permanently prohibit all forms of corporal punishment, including the context of the school and the family, inter alia, through the enforcement of appropriate legislation, through awareness raising activities for parents, teachers and other relevant groups and through the training of teachers in alternative disciplinary sanctions which are not harmful to children. The Committee recommends that, for this purpose, the State party consider taking advantage of the current drafting of a new penal code. The Committee recommends, in addition, that children be provided with mechanisms through which they can report and complain of corporal punishment practices.’

Committee on the Rights of the Child (24 January 1997, CRC/C/15/Add.67, Concluding observations on initial report, paras. 13 and 27) ‘The Committee notes with concern the non-compatibility of certain provisions of domestic law with the principles and rights enshrined in the Convention, such as the provision for a different minimum age of marriage between girls (15 years of age) and boys (18 years of age), the provision in the Penal Code for the possibility to sentence children to corporal punishment, the provision in the Civil Code for “light bodily punishment” as an educative measure within the family and the limitation of the right to counsel when the child may be represented by his or her parents or legal guardian during legal proceedings.

‘The Committee recommends that the Government pursue the process of bringing existing legislation into line with the provisions of the Convention and that the best interests of the child be fully taken into account in the drafting of new legislation. In this regard, the Committee particularly recommends that the provisions for the minimum age of marriage for girls at 15 years, the sentencing of children to corporal punishment, the “light bodily punishment” as an educational measure within the family, and the limitation of the right to legal counsel of children be abolished as a matter of priority.’ 3.2 Kenya

Committee on the Rights of the Child (7 November 2001, CRC/C/15/Add.160, Concluding observations on initial report, paras. 33, 34 and 64 (e)) ‘While the Committee notes that corporal punishment has been formally banned in schools (April 2001) as a matter of policy, it is deeply concerned that this form of punishment continues to be practised in schools, as well as in the juvenile justice system, in the family and in care institutions, with resulting cases of permanent injury and even death.

‘The Committee recommends that the State party take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment, in the juvenile justice system, in schools and care institutions, and in the family. The Committee also recommends that the State party monitor the ban on corporal punishment in

8 Ending Physical and Humiliating Punishment against Children: Summary schools. The Committee encourages the State party to reinforce its public awareness campaigns to promote positive, participatory, non-violent forms of discipline as an alternative to corporal punishment at all levels of society.

‘The Committee recommends that the State party… abolish the use of corporal punishment in the juvenile justice system…’ 3.3 Uganda

Committee on the Rights of the Child (21 October 1997, CRC/C/15/Add.80, Concluding observations on initial report, paras. 15 and 35) ‘The Committee is concerned at the insufficiency of the measures to combat and prevent ill-treatment and abuse, including sexual abuse of children within the family, and at the lack of information on this matter. The Committee is further concerned that disciplinary measures in some schools and law enforcement institutions often involve corporal punishment, although this is prohibited by law.

‘The Committee recommends that special attention be given to the problems of ill-treatment and abuse, including sexual abuse of children within the family and corporal punishment in schools, and stresses the need for information and education campaigns to prevent and combat the use of any form of physical or mental violence against children, in accordance with article 19 of the Convention. The Committee also suggests that comprehensive studies on these problems be initiated in order to understand them better and to facilitate the elaboration of policies and programmes to combat them effectively, including rehabilitation programmes.’

Human Rights Committee (4 May 2004, CCPR/CO/80/UGA, Concluding observations on initial report, paras. 5 and 18) ‘The Committee welcomes the ruling of the Supreme Court in Kyawanywa v. the Attorney-General, declaring corporal punishment as unconstitutional.

‘The State party has acknowledged the deplorable prison conditions in Uganda. The most common problems are overcrowding, scarcity of food, poor sanitary conditions and inadequate material, human and financial resources. The treatment of prisoners continues to be a matter of concern to the Committee. There are reported incidents of corporal punishment for disciplinary offences. Solitary confinement and deprivation of food are also used as disciplinary measures. Juveniles and women are often not kept separate from adults and males. The Committee has taken note of the measures implemented by the State party to counteract these shortcomings, including the introduction of community service as an alternative to imprisonment. However, it notes that they are inadequate to overcome the problems. It is also concerned about the high percentage of persons detained on remand (almost 70 per cent of inmates) (arts. 7 and 10).

‘The State party should terminate practices contrary to article 7 and bring prison conditions into line with article 10 of the Covenant and the United Nations Standard Minimum Rules for the Treatment of Prisoners. It should also take immediate action to reduce overcrowding in prisons as well as the number of persons detained on remand.’

Ending Physical and Humiliating Punishment against Children: Summary 9 4. Research review on PHP Research undertaken in Ethiopia, Kenya, Uganda and Sudan has pointed out various factors and conditions as causes of the practice of physical and humiliating punishment as well as assessing the effects of physical and humiliating punishment. These are outlined below. 4.1 Causes of PHP

4.1.1 Ethiopia Culture and attitude In the majority of Ethiopian communities, children are generally viewed as parental property. Usually, parents seem to have every right to do whatever they like with their children. Due to such attitudes, parents, although abusive, are not being scrutinized by society or by the government. In other words, children are not being treated as human beings born and endowed with their own particular interests and the capacity to make decisions for themselves. The low status accorded to children and lack of awareness was frequently mentioned by children and adults as the major cause for the continued practice of corporal and other forms of punishments against children. Lack of awareness about alternative way of disciplining As expressed above, individuals who perpetrate corporal and psychological punishment against children could indulge in the act out of pure innocence because they have grown up experiencing or witnessing such punishments in the family and in the community. No alternative method of disciplining has been practised or internalised by members of the community. Even in schools, where corporal punishment is officially prohibited, teachers are not very familiar with alternative methods of disciplining children. Large family size and number of children per classroom The average family size in many communities in Ethiopia is relatively large. Apart from problems such size brings about in feeding children, it equally has an impact on the manner in which children are brought up. In other words, serious attention and time cannot be given to accommodate children’s needs and interests as well as watching their behaviour. The problem of size is also reflected in classroom situations in schools where teachers, coupled with lack of counselling services, could not properly take notice of every student. Poverty and unemployment The wide use of alternative ways of disciplining usually requires resources. The poor economic condition of both individuals and the government is deterring the use of alternative ways of disciplining, and hence creates fertile ground for corporal punishment. Poverty is also organically linked to unemployment. Vagrants who physically abuse girls and boys in the community are indulged in such activities for they have no job to engage their mind with. As a result, their major preoccupation becomes loafing around and abusing children. Indeed, about 63% and 76% of students and community members (parents, teachers and community leaders) respectively consider unemployment as a cause for physical and humiliating violence. Problems related to enforcing relevant laws The review of relevant laws in Ethiopia gives a general picture of an existing legal framework that provides, save some exceptions, acceptable protection with regard to physical and humiliating violence against children. The Constitution, the UNCRC and the Penal Code clearly prohibit corporal punishment, excluding minor punishments by parents. However, physical and humiliating violence committed against children apparently are not being scrutinized by the legal system. In particular, the review has found that corporal punishment of children, particularly by parents, is either not reported or not properly prosecuted.

10 Ending Physical and Humiliating Punishment against Children: Summary Alcoholism Focus group discussions held with children and other informants, as well as the narrative stories of children, show that there are many children who are experiencing violence due to the bad behaviour of parents. Many children and parents have related that children are being frequently affected by their drunken parents. 4.1.2 Kenya In a study conducted recently in Kenya5 it was revealed that there are many causes of corporal punishment. The major ones are outlined below. Death of parents When a parent dies the children are left as orphans without protection and care. In such situations the children are exposed to all manner of maltreatment from relatives and neighbours. They end up lacking the basic necessities of life such as food, shelter and love. Lack of such basic needs, which are mandatory for the optimum growth of the child, clearly violates children’s rights as stipulated in the UNCRC. Irresponsible parents Parents are irresponsible when they engage in drunkenness or become greedy and invest all their time in activities that don’t benefit the family, such as looking for excess material property. In doing this, the children are not given due attention. Divorce or separated parents In cases where the parents choose or are forced to dismantle the normal family set up either through divorce or separation, the child is left traumatized. Negative cultural practices or beliefs These are deeply entrenched cultural practices such as FGM, forced marriages, early marriages (for the girl child) and tattooing. The child in such situations is forced to participate as a victim of these atrocious activities. No consideration is given to the views of the child. Children are not given a choice and rarely are they given the opportunity to change their minds. Some children run away to escape from such acts. Poverty and living in squalor Children who find themselves in these circumstances are violated. They have to contend with experiences that are very painful, examples of which include lack of proper education, food, shelter and clothing. One effect of this is that children indulge in stealing, begging, street life, prostitution, lying and robbery. These poverty-related experiences infringe on children’s rights as stipulated in the UNCRC. Significant precipitating factors There are cases in schools where corporal punishment is perpetrated by the children themselves against other children, eg, bullying. Other factors include poor diets, alcohol and drug abuse, the tendency of favouritism by teachers, general loss of moral fibre in society as individual autonomy is favoured over social authority, negative influence through exposure to the print and electronic media, lack of hope for employment after school due to increased economic decay in the country, corruption and inflation, poor living conditions especially in boarding schools, the inculcated spirit of competition among learners themselves and unattainable set academic standards, poor learning facilities in some schools, deadlines and intolerable workloads for teachers and students.

4.1.3 Uganda The review carried out in 2004 as part of the UN study on Violence against Children in Uganda noted that little has been documented on the causes of physical abuse and corporal punishment in Uganda. The Lutalo Bosa paper6 indicates that physical abuse is mainly a result of: • Risk factors such as lack of preparation or knowledge of critical issues surrounding parenting

Ending Physical and Humiliating Punishment against Children: Summary 11 • Financial or other environmental stressors • Difficulties in relationships • Depression or other mental health problems.

All these could lead to physical abuse or sometimes neglectful behaviour. On corporal punishment, it is noted in Uganda that teachers may lack a clear understanding of a child’s developmental stage and therefore may hold unreasonable or unrealistic expectations about the abilities of that child. In other situations, teachers (especially untrained ones) may also be unaware of the alternatives to corporal punishment or the alternative disciplinary measures that are most effective at each developmental stage. Lutalo further explains that corporal punishment has very negative physical and humiliating effects on children. It teaches them hate, fear and revenge. Children themselves express corporal punishment as embarrassing, demeaning, humiliating, frightening and painful. It is also noted by Lutalo that harsh, punitive, power-based punishments cause aggression in children. Most profoundly, children learn that people in authority can use violence indiscriminately without thinking about consequences. Professor Lutalo’s paper further reveals that there are numerous variables involved in every case of child abuse and neglect, and apparently it is difficult to hold a single factor and use it to account for the widespread physical abuse in Uganda in homes and the school environment. Sanyu Semafumu and Anne Marie Nasali Semakula, in their report Child Abuse in Uganda,7 look at the causes of physical abuse of children under the following headings: Traditional perception about the status of a child In the traditional perspective and setting, decisions concerning children’s lives and actions would ideally have to be backed by the support and consent of their elders.

Children are regarded as persons without the capacity to know and tell what is best for them. This kind of perception usually breeds a fertile ground for child physical abuse.

Children’s lack of power Research indicates that physical abuse, especially in domestic life, usually escalates when poverty relationships are heavily skewed in favour of one group and in this situation the weaker group (usually the women or the children in a household) are likely not only to suffer physical abuse but also to do so in silence. The family structure It is also argued that another cause of physical abuse is the family structure. It is said that child physical abuse is most likely to prevail within the confines of the nuclear family, mainly because these are small enough to hide most of the issues that transpire in them from the outside world. Family size and the quality of parentage It is believed that the bigger the size of the family the more difficulties there are in providing for the basic needs; likewise the bigger the size the higher the demand of qualitative parenting. In some cases, the constraints that families encounter in providing the necessities for a family tend to result in child physical abuse. Step-parents and polygamous families It is reported that there are high levels of physical abuse in families that are polygamous, and therefore children in these families are more prone to physical abuse than children in homes with monogamous families and without step-parents. Poverty The general poverty in which many Ugandans live was highlighted as a leading cause and source of child physical abuse

12 Ending Physical and Humiliating Punishment against Children: Summary Ignorance of the law or persistence of customary beliefs and practices These were cited as major causes of certain kinds of abuse, the key example being ignorance of the hazards of female genital mutilation (female circumcision) coupled with traditional beliefs that positively support the practice. Insufficient regulation of schools School statutes fail to draw the line between disciplinary and abusive conduct towards children. Schools have a lot of power over children and their parents. As a result, some children and parents are hesitant to complain about child physical abuse in schools for fear of losing their places in the school. The evil of harmful cultural and traditional practices The report Gender-Based Violence by the National Strategy8 further identified some cultural norms and practices as fuelling child physical abuse. These include female genital mutilation (FGM) among the Sabinyi trine in Eastern Uganda. FGM is associated with pain, especially during sex and childbirth, and trauma during the actual procedure. According to proceedings of the conference ‘Girls education – the best single investment’, organised by Girls Education Movement in Africa held 15–17 August 2001, FGM exposes girls to dangers especially from the sharing of knives, sexual abuse, rape and defilement during the dances. The report further mentions that in some cases girls die as result of over-bleeding or are incapacitated for life. The review also noted that in some communities in Uganda child sacrifices continue to prevail. The reasons for this practice include the search for favours, good luck and wealth, etc. The process is extremely painful and inhuman since children must sometimes have their genitals or breasts in case of girls removed for sacrifice before they meet their death. It is also noted in the literature that children who do not wear earrings are preferred. Although the practice of FGM is traditionally clung to, especially by most of the older members of society among the Sabinyi, literature reveals that the practice is outdated and resented by the majority of the young generation. In a study on children in need of special protection in Uganda by Creative Research Centre (September 2004), it is reported that FGM is decried by girls and that those who undertake it do so under considerable pressure from peers, parents and family members (in-laws and partners) and for cultural identity. Of the circumcised women/girls involved in the study, only 21% reported that they had braved it due to personal conviction. The same report further reveals that, girls who avoid FGM usually relent under heavy social pressure and intimidation from relatives and neighbours, despite the promise of life-long pain and the possibility of death. Even an uncircumcised woman who manages to get married is likely to be pressured into it after marriage by her in-laws.

Uncircumcised girls are stopped from serving say food or drinks to important people in the community, cannot share a pot of local brew with circumcised women and other persons and cannot be allowed to address any public gathering. Such sanctions and many others that are not mentioned here help to proliferate the evil of child physical abuse especially for the girls among the Sabiny communities.

Inconsistent and inadequate response to reported abuse Reporting on child abuse in Uganda is inconsistent and when reported, cases receive very little attendance and follow up. The lack of defined structure and systems are reasons behind this problem which in turns send a wrong signal for perpetrators.

Ending Physical and Humiliating Punishment against Children: Summary 13 4.2 Effects of physical and humiliating punishment

4.2.1 Ethiopia Bodily injury and death Naturally, corporal punishment may leave behind temporary or permanent injuries on children. In extreme cases, it may even result in death. There are incidents where children become unconscious, bleed, break their backbone, lose a limb or fingers, etc as a result of physical abuse. Participants in focus group discussions have mentioned cases involving grave physical and humiliating punishments of children which resulted in deaths and permanent injuries. In the Amhara Region, for instance, 1,386 and 1,252 cases involving permanent and temporary bodily injuries to children were reported to the police in 2003 and 2004 respectively, whereas 66 and 138 cases involving deaths have been reported in the same years. In other research9 reported in 1997, 21% of urban schoolchildren and 64% of rural schoolchildren reported bruises or swellings on their bodies resulting from parental punishment. Emotional effect Physical and humiliating punishment is usually associated with unhappiness, humiliation, low self-esteem, sadness, shame, feeling of hopelessness, depression, anxiety, anger and vindictiveness.10 Violence also undermines health by increasing self-destructive behaviours, such as smoking and substance abuse.11 Respondents noted that a child who experiences physical and humiliating punishments, even if he or she survives without visible physical injuries, would find his or her mental and emotional development affected. They noted that the child will lack confidence in life and may develop similar abusive tendency towards children. Street children and prostitution When physical punishment becomes intolerable, a child may flee from home. Discussions with street children indicate that quite a number of them are living on the street because of physical and humiliating violence at home. Other studies confirm this assertion. For instance, a study on street children in four major Ethiopian towns found that family conflict is the second most common reason for children living on the street, at 11.3%.12 Girls, on the other hand, may become prostitutes running away from their home. Also, in a survey of 1,000 street children interviewed in government-sponsored research in 1992, 28% reported being on the streets because of family problems at home, and one-third of the boys experienced being beaten at least once a week on the streets.13 School dropout Physical and humiliating punishment in schools is usually implicated with school drop-out. Although accurate figures are lacking, officials of Education Bureaus express the view that corporal punishment is one of the reasons for school drop-out. In focus group discussions, children also confirmed this assertion and related a number of stories to this effect. Research undertaken by Save the Children Sweden in Ethiopia indicated that more than 90% of students were punished by their teachers, although 70% of teachers were aware of the negative effects of corporal punishment. Of teachers surveyed, 50% did not believe in the effectiveness of corporal punishment and 80% indicated their willingness to attend programmes on alternative disciplinary methods.14 Lack of interest and low retention and achievement in schools Physical abuse may also have a damaging effect on a child's motivation, interest and ability to learn and grow.15 Children who responded to the questionnaire of the study (March 2005) conducted by Africa Child Policy Forum and Save the Children Sweden in Ethiopia on physical and humiliating punishment against children related stories of children living in bad and abusive situations whose performance in school become poorer. Long-term effect on the nation Each and every effect of violence combined may lead to a society with emotionally weak and physically affected members. The significant number of children becoming street children and

14 Ending Physical and Humiliating Punishment against Children: Summary prostitutes also affects a nation. Furthermore, another long-term effect is more people who are low achievers in schools and throughout their lives. As a result, the negative impact of violence on the future of a nation is easily discernible. Studies also indicate that children who have experienced physical violence in the early years often become violent as adults.16 This situation, therefore, perpetuates a cycle of violence in the family as well as in society. Violence will always be used to end conflicts, ultimately having a detrimental effect on the future of the country. Participants in focus group discussions share a common view that the effect of physical and humiliating punishment will generate people who are weak in their personal development. They concurred with the statement that such a state of affairs would affect the overall strength of the nation in coping with various forms of social problems.

4.2.2 Kenya A 2004 survey by Population Communication Africa in Kenya17 reported that over 60% of children believed that they had been or were being physically abused at school, including being slapped in the face, being hit on the body with a cane or stick, and being beaten, kicked or punched or otherwise physically bullied. A survey of 267 adults and children and interviews with parents, teachers and children, reported in 2005,18 found that the most frequent forms of physical discipline used on children were smacking (78.8%), pulling ears (68.8%) and cuffing (61.5%). Other corporal punishments included forcing a child to kneel on a hard floor (45.9%), tapping (43.3%), forcing a child to stand in the sun (33.2%) and burning their fingers (19.7%). Almost two-thirds of children (62.2%) said they wanted the use of corporal punishment to be stopped. Over half of parents (54%) said that physical punishment should not be stopped. The initial state party report to the Committee on the Rights of the Child cites CLRC research which established that of the 129 children who were found guilty and sentenced, 15.5% were caned.19 In 2002 Save the Children UK carried out research focusing on deprivation and criminal behaviour. One hundred and sixteen children who had been convicted of theft and children at the National Rehabilitation Centre aged 10–19 years, plus 71 parents/guardians, were interviewed. The prohibition of caning in the juvenile justice system under the Children’s Statute was perceived as a weakness by 14% of parents. The research confirmed that, despite the law, children are tortured and beaten in police stations. 52% of parents said they normally disciplined their children by caning.20

Data from the field and documents analysed illustrate negative consequences of corporal punishment, some of which are: • runaway/street life, • physical harm, • prostitution, • unwanted pregnancies leading to abortion, • child withdraws, • death, • suicide, • children become thieves, • spiritually/emotionally weak, • stealing/unbecoming behaviour, • drug and substance abuse.

The impact of corporal punishment has far-reaching results. In some instances, effects carry on from childhood to adulthood, having repercussions that cause untold suffering for many generations. In essence children are violated in many ways, including: • Loss of their dignity and integrity.

Ending Physical and Humiliating Punishment against Children: Summary 15 • Violation of their rights to be free from violence. • Interference with their physical and mental development. • Subjection to unequal treatment by adults.

4.2.3 Sudan In Sudan, it is proved that even before a child is born violence can have a profound effect upon its life. Studies show that battered, pregnant women often deliver low birth-weight babies who are at great risk of developmental problems.21 Preliminary findings of a study conducted by Save the Children Sweden in Sudan (2005) to examine the reactions of children to physical punishment showed that while 35.6% of the respondents revealed the painful experiences of whipping, 16.3% of the respondents revealed their fear of either teachers at school or parents at home, and 12.3% feel abhorrence to people and to the setting where they received punishment. Feelings of weakness as a reaction to punishment had been expressed by 9.8%. A feeling of embarrassment was affirmed by 5.8% of children. Another group (8.6%) showed their disrespect to the perpetrator of the punishment. Another issue that was discussed with children concerned their views towards the aggressive behaviour showed by adults. Children learned that what adults do is a socially accepted behaviour and they have many examples in front of them. A high percentage (37.9%) of children thinks they would use corporal punishment on children when they get older. This is because of the role models they see. The percentage of those who think they would not use corporal punishment on children is 48.1%. This is very encouraging, but the percentage needs to be increased and some attention should be given to those who did know whether or not they would use corporal punishment. Children’s role models are those people with whom communication is based on either blood kinship or a relationship imposed upon them in the form of schooling. Children have no choice or self-determination in such relationships. A research conducted by Save the Children Sweden in Sudan (2005) showed that children ranked teachers highest (at 48.6%) among those adults who inflict corporal punishment on them. Second highest were mothers (28.8%), followed by fathers (15.6%). Children stated that there were other people who use corporal punishment against them: for example, neighbours or friends of the family (4.7%). The lowest percentage was for grandparents (2.3%), who very rarely beat their grandchildren.

4.2.4 Uganda The desk review conducted as part of the UN study on Violence Against Children in Uganda, notes that in many situations the consequences of child physical abuse can be very tragic and devastating. Some children are forced into making decisions that are inappropriate or damaging to their lives, and possibly even tragic. In a study by Ezra,22 a boy who reported being physically abused by his stepmother, said:

“When life became too tough and my mother and father could not come to my rescue, I decided that I would kill myself because to live was useless. So, one rainy season I decided to stay out of the house and climbed on a tall big tree with intention of jumping with my head down and kill myself… I was about 13 years old. My head became damp and my eyes dark. I could not see or know what was happening with me. Soon I heard something. It was like somebody’s voice. I was gripped with fear and started shivering very seriously… after that I remained sick for nearly one week.”

16 Ending Physical and Humiliating Punishment against Children: Summary A study in Uganda on children in need of special protection measures23 reveals that the consequences of child physical abuse include: • An increased number of street children, as children try to escape child abuse at home. • Increased diseases. • Increased prostitution. • Early marriages and subsequent unwanted pregnancies. • Poor school performance. • The emergence of a generation with degenerated morals.

The study further notes that child physical abuse can lead to physical injury, trauma and poor health due to poor nutrition. In extraordinary circumstances, the evil of corporal punishment has resulted in death.

Ending Physical and Humiliating Punishment against Children: Summary 17 5. Good practice and effective interventions 5.1 Ethiopia There are significant programme interventions being carried out by governmental and non- governmental organisations (NGOs) to address the problem of physical and humiliating punishment of children. Most of the activities towards ending corporal punishment target schools. Programme interventions include awareness-raising, researches and surveys, initiating and supporting clubs in schools, advocacy and lobbying, and providing support to victims of corporal punishment. It is not intended here to make a complete inventory of programmes and activities being carried out by different organisations to address the problem of corporal and other forms of punishment. Rather, an attempt will be made to highlight the nature of major interventions and actors in the area, as well as their gaps and limitations. Relevant information on programme interventions by various child-focused institutions was collected from self- administered questionnaires and interviews as well as from secondary sources.

Awareness raising Substantial efforts are underway in Ethiopia to change the deep-rooted practice of physically and psychologically punishing children as part of promoting the Convention on the Rights of the Child (UNCRC). Accordingly, a number of child-focused institutions have begun efforts to raise awareness among different members of the community, including parents, teachers, children themselves and other members of the community. In particular, most Education Bureaus and Ministry of Labour and Social Affairs (MOLSAs), in collaboration with different NGOs, are working to abolish corporal punishment in schools, through raising awareness in the school community, particularly among teachers. From the focus group discussions it is clear that most teachers are aware of the shortcomings of corporal punishment as a means of disciplining children and its negative consequences for children. and on society. This awareness most probably has arisen from programme interventions. However, it appears to be difficult for most teachers and parents to detach themselves from old beliefs in the importance of corporal punishment, and a lack of commitment to and confidence in alternatives to corporal punishment are observed. Experts in Education Bureaus have also confirmed this assertion and say that the main question and doubt of teachers is about alternatives to corporal punishment. Therefore, future awareness-raising programmes for adults should focus on alternatives to corporal punishment and on helping them to cease using it.

Conducting researches and surveys Designing and implementing appropriate and effective policy and intervention programmes to address the problem of physical and humiliating punishment requires data and information on the various aspects of the problem, such as its nature and type, prevalence and magnitude, causes and effects, etc. However, there is a dire shortage of data and research outputs on the issue. As a result, several NGOs – such as Save the Children Sweden, Save the Children Norway, ANPPCAN-Ethiopia and FSCE – have been attempting to fill this gap and, accordingly, have conducted limited studies on corporal punishment, mainly in school settings.

Promoting child participation through initiating and supporting clubs in schools With a view to promoting child participation and to enabling children to protect their own rights, some NGOs are engaged in establishing and supporting various kinds of clubs in schools – like child rights clubs, girls’ clubs, media clubs, etc. NGOs like ANPPCAN-Ethiopia are actively engaged in this programme. ANPPCAN-Ethiopia so far has facilitated the establishment of child rights clubs in more than 200 schools. With technical and material support, these clubs have been promoting child participation and child rights in their schools and community. However, these clubs have not been established in the majority of schools in the country.

18 Ending Physical and Humiliating Punishment against Children: Summary Protection programmes The protection of citizens from crimes like violence is the primary responsibility of the police and other law enforcement bodies. However, the participation and co-operation of community members and concerned institutions are required for law enforcement bodies to adequately protect individuals from violence. This is even more so in sensitive and delicate cases like violence against children. The nature of cases involving violence against children usually necessitates special procedures and methods to deal with them. There are limited intervention programmes in this regard. The establishment of child protection units (CPUs) in police stations in some major towns is a case in point. CPUs are established in collaboration with the police and NGOs such as FSCE and Save the Children Sweden. One of the objectives of these units is to better protect children from violence, including corporal punishment, by dealing with cases of violence committed against children in a special and efficient manner. Despite various efforts to encourage reporting of child violence cases, large numbers of them still go unreported. So there is a need for extensive intervention in the area.

Providing support to victims of violence More often than not, violence against children results in physical injury or emotional wounds, or both. It is necessary to minimize the traumatic effects of violence on the life of children and to help the victims reintegrate into society. Understanding this situation, MOLSA, in collaboration with other institutions like UNICEF, Italian Cooperation, Save the Children Sweden, etc has been running rehabilitation programmes for children in especially difficult circumstances. Moreover, other NGOs like ANPPCAN-Ethiopia, Save the Children Norway, FSCE, CHADET, etc have support programmes for vulnerable children in general and for victims of child violence in particular. Some of these institutions run drop-in centres for child victims of violence, including corporal punishment. The support and services provided by these institutions include counselling, legal aid, medical services, education, and training and temporary shelter. Rehabilitating and reintegrating victims of violence require considerable resources. The support currently provided by various institutions is insignificant when compared to the magnitude of the problem. So there is a wide mismatch between the child victims of violence needing support and the actual support available. Therefore, there is an urgent need to increase the support for victims, both in quantity and quality. In particular, counselling services in schools should be strengthened.

Child clubs in schools A significant number of child rights clubs and other kinds of clubs, such as media clubs and girls’ clubs, have been established in schools in different parts of the country. In particular, child rights clubs, with the support of some NGOs and school administrations, are engaged in various activities aimed at minimizing, and ultimately abolishing, physical and humiliating punishment in schools and in other places. Some of the activities they are carrying out include raising awareness among the school community, advising and counselling fellow students, talking to abusive parents, representing abused children, receiving abuse complaints and reporting on punishments used in schools. These clubs, apart from promoting child participation and empowerment, are contributing to minimizing corporal and other forms of punishments in schools. Some studies are indicating that differences have been observed between schools with child right clubs and those without with regard to the prevalence of punishments in schools. In most schools where child rights clubs are operational, a significant decrease in corporal punishment has been observed in the past few years. However, how much of this change is attributable to the child rights clubs is not clearly known, since some attribute the change to the new Ministry of Education regulation prohibiting corporal punishment. At any rate, establishing child rights clubs is an example of good practice in addressing the problem of physical and humiliating punishment, and they should be more widely established.

Ending Physical and Humiliating Punishment against Children: Summary 19 Welcoming ceremony to a newborn child by child right clubs in Gonder School child rights clubs in the town of Gonder and its environs are among the active clubs in the country. Assisted by ANPPCAN-Ethiopia and Save the Children Norway, one of the activities of these child rights clubs is organising a welcoming ceremony for a newborn child in their community. Accordingly, when a child is born in the community, members of the child rights clubs go to the house in which the baby was born and organise an event to welcome him or her. In the welcoming ceremony, the students educate the parents as well as neighbours about the right of the child, focusing on the right to be free from physical and humiliating punishment and the right to be protected from harmful traditional practices. Even though it is difficult to measure the impact of this programme in terms of reducing physical and humiliating punishment of children in the area, the innovative nature of the approach by itself deserves to be considered as a good practice. Apart from its contribution to addressing the problem of physical and humiliating punishment of children, the programme is useful in empowering children by promoting their participation in the community and building their self-confidence and sense of social responsibility.

Digum Elementary School Digum Elementary School is situated off the road to Hawzen in Tigray Regional State. Three years ago there was an acute disciplinary problem among students in the school. At times, students even attacked and beat teachers. To find a solution for this serious problem, the school administration gathered teachers and students. Among other things, the school community agreed that students could participate in enforcing discipline in the school. Since then, the students themselves enforce discipline among students without any problem. The school has done away with corporal and other punishments against schoolchildren and has not faced any significant problem. The school does not have a fence around it, and yet no student leaves without authorisation. Students agreed that their minds would be their fence. The Tigray Bureau of Education considers the school to be an example for peacefully undertaking the teaching learning process.24 5.2 Kenya ANPPCAN Kenya and Save the Children Sweden undertook a study in early 2005.25 The following are some of the responses: • In school barazas, students in some schools strategic meet with their teachers to discuss issues that affect them. Starehe Boys Centre in Nairobi has upheld this practice for a long time. The school has a close-knit school community and can hardly remember an occasion of violence in the form of strikes or other types of destructive behaviour. Issues discussed include food, school rules and the treatment of students by teachers. Some schools arrange for their students to serve the community by working in hospitals, government institutions and family homes. These practices enhance a sense of self-worth among the students. Besides making a positive contribution to society, they are motivated to participate in desirable activities. In this way, positive character traits are developed. Over the years, Starehe Boys Centre has been a model as far as discipline is concerned. • In Tharaka, Mount Kenya region, an alternative rite of passage has been introduced to replace FGM. Young people go into a period of seclusion, during which they are made aware of their gender roles. This practice has been replicated by communities in Rift Valley Province. Save the Children Sweden supports this alternative method of FGM by funding community capacity-building and enhancing awareness-raising on the issue. • The use of suggestion boxes in schools help children make issues affecting them known to the school authorities. Children write anonymous notes on issues affecting them and put them in suggestion boxes provided in the schools. The notes are then read during school assemblies on specific days by the head teachers or the teachers on duty. This activity inculcates a degree of openness about problems/issues in schools. The

20 Ending Physical and Humiliating Punishment against Children: Summary anonymity of the notes implies confidentiality. The suggestion boxes operate on the principle that the message is more important than the name of the author. • Clear channels of voicing complaints are provided to children in most schools in Kenya. They are allowed to channel complaints to school authorities through student leaders such as prefects, games captains and chairpersons of clubs. Issues that cannot be addressed by the student leaders are referred to class teachers or deputy head teachers. Students are also encouraged to report issues to principals of the institutions after exhausting all available channels. • The government has employed guidance and counselling teachers in most schools in the country for students who need such services. Guidance and counselling courses are also offered in most colleges of higher learning. • NGOs lobbying for children’s rights encourage the active and strategic participation of children in their activities. A good example is the ‘No Kiboko Week (No Beating Week) campaign run by ANPPCAN Kenya Chapter from 26–30 April 2005. The Standard Newspaper of 22nd April filed a report by ANPPCAN on corporal punishment. The report urged the Kenyan people to move from physical punishment to positive discipline of children. It created awareness on the importance of effective discipline, which achieves the following attributes: - helps children feel connected - is effective and long term - teaches important social and life skills. The newspaper also showed a picture of children carrying placards with messages agitating for their rights. Some vital messages read ‘Children have a right to LIVE’ and ‘WATOTO wana haki ya kupendwa’ (Children have the right to be loved).

However, despite the work being done to eliminate the corporal punishment, it is still widely practised. The study undertaken by ANPPCAN Kenya Chapter and Save the Children Sweden on Corporal Punishment (2005) in Kenya established that there are good and effective protection policies and systems in Kenya that protect children from corporal punishment. The protection measures provided were from heads of institutions, managers of homes and other professionals. These are outlined below: • Banning of corporal punishment by the government in all learning institutions. • The activities of NGOs and government departments that provide child protection services – e.g., CRADLE, CLAN, ANPPCAN, the Children’s Department, Children’s Crisis Desk, Child Welfare Society of Kenya – have increased the level of awareness of child rights in Kenya. This in turn has opened up more avenues for reporting cases where the rights of the child are violated. • The creation of the Children’s Court by the government is a very big stride in the prevention of corporal punishment. • The establishment of Boy Scouts, Girl Guides, first aid and clubs in schools provide alternatives for students/pupils to redirect their energies to profitable activities. When children are idle they can be tempted to engage in unproductive behaviour – ‘an idle mind is the devil’s workshop’. • Kenya Volunteer Children’s Officer (VCO) system was introduced in Kenya in 1999 to realise the interest of the child under the guidance of the VCO. This is based on the Volunteer Probation Officer System of Japan. It was first introduced in Kitale, Kisumu, and Dagoretti Division of Nairobi and later enhanced nationwide.26 • The establishment of institutional homes that provide child protection services for abandoned children.

Ending Physical and Humiliating Punishment against Children: Summary 21 5.3 Uganda The available literature does not adequately highlight programme interventions either by the government of Uganda, civil society organisations, NGOs or the community, to address physical abuse and corporal punishment. The few interventions found in the literature reviewed are described below. • A circular that banned corporal punishment was issued by the Ministry of Education and Sports on 10 June 1997. In view of the rampant use of the cane by teachers and head teachers in many schools at that time, the Ministry issued a circular placing a temporary ban on the use of corporal punishment in school and colleges. The problem with circular was that the message was not strong enough to banish the evil of corporal punishment, but rather to regulate the practices. According to the circular, the power to punish the child is still vested in the authorisation of either the School Management Committee or the Board of Governors. • The Uganda National Program of Action for Children: This is a framework document for implementing the UNCRC in Uganda. It is expected to translate child survival, protection and development targets into government policies and sectoral plans. The lead agency for coordinating and monitoring it is the National Council for Children (NCC). Co-ordination of NGOs working in this field is provided by the umbrella organisation, the Uganda Child Rights NGO Network (UCRNN). At district level, the District Plans for Children (DPACs) have already been drawn at least in 34 districts. Fourteen districts, mainly in the east, have also deployed Child Advocacy Program Officers. Periodic reviews are currently undertaken by the NCC in those districts where the above arrangements have already been put in place. • Awareness raising and campaigns: The desk review conducted as part of the UN study on Violence Against Children in Uganda conducted by SCiU indicates that both the Uganda government and its partners, such as NGOs, have made considerable effort to increase public awareness of the UNCRC, including through annual events such as the Day of the African Child, which is usually used to raise most of the issues that relate to child rights, and in many cases the establishment of child rights in schools. • Training of child rights advocates: According to the report by the Ministry of Gender, Labour and Social Development for UN CRC entitled What has been achieved in Uganda and what remains to be done, in a summary of the first periodic report of (March 2003), it is noted that 340 child rights advocates have so far been trained on the UNCRC as well as other professionals working with children. • Liberalization of the media. The proliferation of FM radio stations in Uganda has brought to the attention of the public the various forms of child abuse that happen in homes, work places, streets and schools. • The gazetting of family and Children’s Courts (FCC). The government has already gazetted the family and children’s courts in almost every district. These courts are charged with the responsibility of handling all petty offences committed by the children. On the contrary, however, in a study carried out by Save the Children27 in Uganda it is noted that while the Children Act requires that children’s cases be tried by magistrates courts and other higher courts should send them back to the FCC for sentencing, in practice judges and magistrates said they find this unnecessarily cumbersome and referred to this provision of the Children Act as a zigzag procedure. • Training of law enforcement officials. The government has created within the police force a Family and Child Protection Unit in which police officials have been trained on how to handle cases of child abuse and domestic violence, as well as on how to deal with children who come into conflict with the law. The Uganda Army (UPDF) has also received special training on protecting children, especially in conflict situations. It is believed that this arrangement will go a long way towards enhancing the protection of children against physical abuse.

22 Ending Physical and Humiliating Punishment against Children: Summary • The Ministry of Gender Labour and Social Development set up a desk with the purpose of co-ordinating the activities of all NGOs working with street children in Uganda. A practice guideline and training manual for organisations working with street children were prepared and produced. A programme of reintegration of street children back into their communities was launched and it is said that it registered some commendable success in Kampala. Interventions aimed at getting the children off the streets are very important because they save those children from various forms of abuse which they might otherwise experience while on the street. • Plans of action for children by local governments. As a matter of policy all local governments are obliged to effectively plan and deliver services to children. They are expected to develop and implement plans of action for children. Although some of them have not been able to succeed because of inadequate staffing, funding and awareness, once they are well supported and facilitated they will go a long way towards integrating children’s care and protection issues in their respective districts. • The Universal Primary Education (UPE). Literature reveals that the UPE policy has registered very tremendous achievements, especially where the enrolment of children is concerned. It is revealed that school enrolment has dramatically increased from 2.6 million in 1996 to 6.8 million children in 2001. The success of this policy has particularly been a blessing to all those children who were being kept at the homes by their parents only to use them as a source of labour. There is hope that education shall be one of the long-term measures in the fight against child physical abuse. Consequently, lack of education would certainly make most children even more vulnerable to physical abuse

Good Practice – Local initiatives among the Sabiny to stop FGM Creative Research, in their report28 further refer to a study that was conducted by KS Newe29 (2000), revealed that in 1998 the UN population award was given to the Uganda Sabiny Elders Association (SEA) for its work in combating FGM within the Sabiny community in eastern Uganda. The study notes that this was the first instance in which an outside organisation, in this case the UN Population Fund, worked together with villagers to solve a problem instead of imposing rules perceived to be foreign. Because the FGM procedures are viewed as traditional, Ugandan practitioners did not want outsiders telling them that the practice was wrong. The study further notes that when SEAs education program started in 1994, as many as 854 Sabiny girls had undergone an FGM in that year. However, after the programme had been in place for two years, the number of girls undergoing FGM dropped to 544 girls –which is a 36% difference.

Ending Physical and Humiliating Punishment against Children: Summary 23 6. Recommendations 6.1 Ethiopia Based on the findings of the study conducted by Africa Child Policy Forum and Save the Children Sweden on physical and humiliating punishment in Ethiopia in March 2005, the following measures are recommended to address the problem of violence against children.

Awareness-raising Taking into account the prevalence of physical and humiliating punishment, existing interventions aimed at awareness-raising are not comprehensive and effective enough in addressing the problem. As the problem is very much one of deep-rooted culture and tradition, the necessary change may not materialize through simply introducing the idea of children’s rights in the community. It should necessarily go beyond this. In particular, education that is empowering and which leads to real change from within should be designed, rather than the superficial transformation which some teachers display in schools. Naturally, such education may call for sustainable intervention. It should also be comprehensive enough to effectively cover rural areas in conformity with local situations. The intervention should, as a matter of fact, target children as well as other relevant actors who may exert influence, such as teachers, parents and opinion leaders as well as community and traditional leaders.

Effective enforcement of existing laws The present laws, to a large extent, address the problem of physical and humiliating punishment. However, despite the prevalence of the problem – which is also acknowledged by law enforcement bodies and the judiciary – very few alleged perpetrators are being brought before justice. The major problem relates to the justice machinery, which is unable to cope with the problem despite the constitutional provision for all government bodies, the judiciary as well as the executive, to effectively enforce the existing laws. Apparently, these bodies are not discharging their obligation effectively as far as violence against children is concerned, due to lack of commitment and attitudinal problems. Therefore, the government should demonstrate a real commitment, for example, by involving other actors and collaborating with other interventions and by deploying the required human and material resources to discharge its obligation of ending violence against children.

Establishing mechanisms for effective reporting of violence As a component of enforcing the existing laws protecting children, practical works need to be carried out aimed at increasing the reporting of violent acts against children. The prevailing traditional and attitudinal problems for the most part might have contributed to the crisis. Even though all these problems will gradually be addressed by other interventions, such as effective awareness-raising strategies about the rights of children, creative mechanisms such as making reporting of violent acts mandatory could have an immediate impact with regard to the problem.

Regular and systematic data collection and analysis With regard to violence against children, comprehensive data is not readily available that can be utilized for future interventions. Hence, relevant data on the extent of various forms of physical and humiliating violence perpetrated against children should be regularly and systematically collected and analysed. Such information could serve as a baseline to effectively design intervention strategies and implement the same with a desired result. In this regard, it is recommended that child participation and participatory research methods should be taken seriously.

24 Ending Physical and Humiliating Punishment against Children: Summary Providing support to victims Presently, there are only a few interventions helping victims of physical and humiliating violence. A lot of children have joined the street and become prostitutes and many are emotionally distressed as a result of the problem. Hence, extending meaningful support to such children by rehabilitating them from the trauma they have experienced and integrating them into society is part of addressing the problem of punishment against children. Therefore, practical work has to be carried out in schools as well as at community level to help victims of physical and humiliating punishment.

Enhancing child participation The UNCRC gives special attention to child participation. Participation is particularly relevant, since it enables children to claim and fight for their rights. Interventions that exclude the participation of children are not likely to succeed. In the present state of affairs, children in Ethiopia are relegated to a lower position in the society as having no say on issues affecting their life. Unless this attitude is broken, problems affecting children will not be effectively addressed. Therefore, practical activities will have to be designed to enhance the participation of children at all levels with effective, systematic and sustainable mechanisms being established.

Law reform As mentioned above, the present situation concerning the problem of physical and humiliating punishment of children is more an issue of enforcing the existing laws than anything else. However, the visible incompatibility between the UNCRC and the penal code of 1957, the revised draft penal code, the revised family law and the civil code should not be overlooked. The legalisation of corporal punishment by subsidiary legislation, coupled with the prevalent attitude of Ethiopian society concerning corporal punishment, may impose a damaging impression on the victims as well as potential abusers – as if corporal punishment is a legally sanctioned act. On the other hand, defining the extent of the punishment which can be administered according to the law may not be easy, and therefore the law could be abused against the interest of the child for various reasons. At any rate, the clear obligation of the Ethiopian government under the UNCRC to make legislative changes towards realising the provisions of the Convention should be complied with. Hence, intervention aimed at reforming laws that affect the rights and interests of children should be carried out now and in the future. 6.2 Kenya The study undertaken by ANPPCAN Kenya Chapter and Save the Children Sweden on Corporal Punishment in Kenya, realised that NGOs often have a closer relationships with children, and for this reason the recommendations obtained from NGOs have been given special consideration. Some of the NGO recommendations are: • Legislation should be enacted to ban corporal punishment in schools in Kenya; parents and children should be empowered through children’s right organisations. • Heavy jail terms should be imposed on those found guilty of child abuse and neglect, without options of fines, along with the interdiction and dismissal of teachers and other professionals in education and other sectors mentioned in corporal punishment cases. • An anti-rape force should be established in Kenya to specifically deal with the increasing number of cases of child rape and other related matters. • Effective guidance and counselling units in schools should be established to deal with cases of emotional disturbance in schools. • Active peer counsellors should be trained in order to boost peer counselling activities. • Activate parent organisations to advocate for children’s rights. • Help children to set realistic life goals and use leisure time appropriately, productively and meaningfully and train parents on appropriate childrearing practices and the value of authoritarian parenting.

Ending Physical and Humiliating Punishment against Children: Summary 25 • Enhance good teacher–student relationships through the formation of student councils that address conflict resolutions and create awareness on legal rights and obligations in preserving peace and justice. • Alternative methods of corporal punishment should be identified and mainstreamed into the Kenyan education system, juvenile justice system and civil society. • An in-depth study on violence in normal homes should be carried out to establish its extent and impact. Violence occurs in homes and the cases are rarely reported since homes are private environments. • The alternative practice of rites of passage should be replicated in all communities that observe FGM. • The BARAZA style of handling issues affecting students/pupils should be emulated in all learning institutions. • The Ministry of Education should establish a fully fledged department of counselling at Ministry headquarters whose role would be to actively address corporal punishment in schools and related matters. In addition, the Ministry should ensure that each school has a counselling unit where the teachers are either full-time counsellors or are given a lighter teaching load. • Schools should initiate clubs that enable the students/pupils to discuss issues that are pertinent to their development. • All learning institutions should be encouraged to participate in community activities, such as helping the needy, as a social responsibility. School children can participate in reduction of poverty in various ways: for instance, they can donate basic necessities like food, clothes and books to the needy in slums – e.g., schools in Nairobi and Mombasa. 6.3 Sudan • The Sudanese government should activate the School Regulations that spell the abolishment of the use of corporal punishment in all schools. • The Attorney General should introduce a Bill to the Parliament for ratification to abolish corporal punishment of children in all institutions. This Bill should be considered as a separate and attached article to the Sudanese Child Law of 2004. • Support programmes to educate parents, teachers, and society at large about the harm of corporal punishment and the existence of effective alternatives should be established. • The Ministry of Education should adopt and disseminate widely a policy prohibiting the use of corporal punishment in schools. • The Ministry should conduct awareness-raising campaigns regarding the existing regulations and the Ministry’s reported policy against the use of corporal punishment. • Conduct training workshops for teachers on methods of disciplining students which are not physically harming. Provide additional instruction to school administrations regarding the harms of corporal punishment and the alternatives to corporal punishment. • The Ministry should educate parents and students about their rights under existing regulations and should conduct special meetings at which these rights are explained to parents and pupils, and disseminate widely copies of the regulations. • Establish an independent system for complaints about corporal punishment. Create a follow-up system for investigations and reporting cases to the educational administration and to the parental committees. • Support the capacity of each school to provide a counselling and guidance service programme to learn about children’s family conditions and background and to work with parents to resolve poor behaviour or poor performance. Ensure that those conducting guidance and counselling programmes for students receive professional training and competencies.

26 Ending Physical and Humiliating Punishment against Children: Summary • Establish a counselling service programme for teachers. This service should be offered by professional counsellors to provide guidance and support to teachers at risk of inflicting their personal frustrations upon their pupils. • Increase instruction of future teachers on classroom management techniques, including lessons on the harms of corporal punishment and the alternatives to corporal punishment. Make instruction on alternatives to physical means of discipline a mandatory and significant part of the curriculum. • School administrations should comply to the following: - Refrain from disciplining students corporally. - Adopt classroom management techniques that do not rely on the use of physical punishment, such as positive reinforcement. - Educate and support other teachers to refrain from using physical discipline. - Do not prevent students who complain about corporal punishment from attending classes, and do not harass or threaten those students in other ways. - Report cases of corporal punishment to the Ministry of Education and school administration to reveal incidents of corporal punishment. • Organisations working on programmes of child rights should inquire into corporal punishment in schools and make efforts to encourage abolishing corporal punishment in all contexts. • National and International Human Rights Organizations should investigate corporal punishment of children in schools and determine whether school corporal punishment does constitute cruel, inhuman or degrading treatment. • National and International Human Rights Organizations should investigate on the use of corporal punishment in schools and its impact on children and on the right to education. • National and International Human Rights Organizations should fund and conduct workshops to train teachers on the various methods of disciplining children in schools rather than the physical punishment. • National and International Human Rights Organizations should establish school-based child rights groups, clubs or organisations within the schools to teach students about their human rights, including the right to be free from cruel, inhuman, or degrading treatment or punishment and all the rights enshrined in the UNCRC. 6.4 Uganda The sharing of responsibilities among key players (e.g., parents, guardians, teachers, police, local councils, district welfare officers) in the prevention of child abuse should be strengthened as a means of fighting physical abuse/corporal punishment. Some of the previous success stories in handling cases of child abuse are the result of a harmonious collaboration among stakeholders. The improvement of children’s participation and empowerment with regard to their rights is a very good mechanism towards building their capacities to assert themselves and consequently improve on their ability to speak out, without fear, to relevant authorities about issues of physical abuse/corporal punishment against them. In the event that children are not well informed about their rights, there is a need to establish a mechanism of raising their awareness through including rights issues in the school syllabus, from nursery school through to primary and secondary level, and ensuring that teachers take time to pass on this vital information to children. In case of those children not in school, awareness should be raised through their parents/guardians, local councils and some community-based organisations. Children themselves should participate in sensitisation about the dangers of corporal punishment. A neutral desk for complaints can be established, such as a social welfare desk, for children to lodge their complaints in confidence. Teachers and parents should be helped to seek alternative forms of instilling discipline among children as opposed to the use of corporal punishment. Both parents and teachers must learn to cultivate a culture of patience and tolerance, especially when they are offended by children. In addition, parents and teachers must remember that when the measures become over-strict,

Ending Physical and Humiliating Punishment against Children: Summary 27 children perceive the world as terribly hostile. Consequently, they become either submissive or very rebellious. The literature reviewed so far does not indicate that children’s feelings and voices are captured or even consulted in the process of legislation on issues concerning their welfare and rights. There is need to liberate society from negative traditional thinking about childrearing and punishment. Religious teachings, which are based on the philosophy of disciplining children by use of violent means, should be discouraged and condemned. Sayings like ‘spare the rod and spoil the child’, which are highly cherished by the Ugandan society, should be dispelled and substituted with modern and progressive sayings commensurate with the 21st century. A law specifically banning corporal punishment should be enacted, and penalties should be provided for those who contravene it. Currently, the law as interpreted by the courts has clearly ruled out corporal punishment, but such case law is not easily accessible by the non-legal officers.

1 Ending Corporal Punishment of Children: Making it happen. Save the Children, 2001. Advocacy and training resource material 2 Raising Voices. Dipak, 2004. Uganda 3 Ibid. 4 Child Rights, Education and Support Services (CRESS) Project – Baseline survey for Mpigi District in Uganda. Asingwire, N. 1997. 5 A national study on corporal punishment conducted in Kenya by ANPPCAN Kenya Chapter in March 2005 and commissioned by Save the Children Sweden. 6 Discpline Corporal Punishment and Violence against children in the school system: Key note address, by Lutalo Bosa, 13th June 1997. ANPPCAN, 1997. 7 Child Abuse in Uganda by Sanyu Semafumu and Anne Marie Nasali Semakula. The FIDA report, 1995. 8 National Strategy, 2001-2003. Gender-Based Violence 9 Physical punishment of elementary school children in urban and rural communities in Ethiopia, Ketsela, T. and Kedebe, D. 1997. Ethiopian Medical Journal, vol. 35, pp. 23–33, cited in Krug, E. G. et al. (eds) (2002) World Report on Violence and Health, Geneva: World Health Organization. 10 Corporal/Physical and Psychological Punishment of Girls and Boys in South and Central Asia Region, pp. 25. Save the Children, 2004. 11 Ending violence against women, Lori Heise, Mary Ellsberg and Megan Gottemoeller, Population Reports, Series L, no. 11. Baltimore: John Hopkins University School of Public Health, Population Information Program, December 1999. 12 Ministry of Labor and Social Affairs, UNICEF Ethiopia, University College, Cork, Ireland, Study on street children in four selected towns of Ethiopia, Forum on Street Children Ethiopia, December 1992 Proceedings of training on the concept of the effects of corporal punishment in Addis Ketema Comprehensive Secondary School, 15-16 , Central Shoa Hotel, Dec, 2003 13 Street children: a comparative perspective, Lalor, K. J. 1999. Child Abuse & Neglect, vol.23, no.8 14 Pilot study on Ethiopian attitudes towards the physical punishment of children and its prevalence in schools, Tsegaye, C. 1995-06. Save the Children Sweden Ethiopia, 1998, Spare the rod and spoil the child – a survey on attitudes towards physical punishment among Ethiopian students, parents and teachers, Addis Ababa. 15 Corporal/Physical and Psychological Punishment of Girls and Boys in South and Central Asia Region, pp. 26. Save the Children, 2004. 16 Ibid, pp. 26, 2004. 17 Gender Series: The Abuse of Nairobi School Children, Population Communication Africa, Johnston, T. 2004. Cited in O’Sullivan, M. (2005) Corporal Punishment in Kenya, Juvenile Justice Quarterly, vol. 2, No. 1. 18 From Physical Punishment to Positive Discipline: Alternatives to physical/corporal punishment in Kenya, second draft. ANPPCAN Kenya Chapter, 2005. 19 Initial state party report, 1996, CRC/C/3/Add.40, para. 243. 20 Deprivation of Basic Needs as a Motivator for Criminal Activities among Children, Save the Children UK. Kakama, P. T. 2002. 21 Hidden Casualties: The Relationship Between Violence and Learning. Prothrow-Stith, D., & Quaday, S. 1995. Washington, DC: National Health & Education Consortium and National Consortium for African American Children, Inc. ED 390 552. 22 Biographical Account of Childhood Education in Northern Uganda. Ezra Remo Weleya, 2002. 23 A Study on Children in Need of Special Protection in Uganda. Creative Research Centre, 2004, 24 Information source: Head, Tigray Education Bureau. 25 A national study on corporal punishment in Kenya. ANPPCAN Kenya and Save the Children Sweden, 2005. 26 Manual Children’s Officers Second revised version produced by Department of Children’s Services of Kenya 27 Juvenile Justice in Uganda, Save the Children, 2000. 28 A Study on Children in Need of Special Protection in Uganda. Creative Research Centre, 2004. 29 KS Newe, 2000.

28 Ending Physical and Humiliating Punishment against Children: Summary