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An Analysis of the Law and the Effectiveness Of AN ANALYSIS OF THE LAW AND THE EFFECTIVENESS OF GOVERNMENT AND NON GOVERNMENTAL ORGANISATIONS’ INTERVENTIONS IN CURBING UNDER AGE COMMERCIAL SEX WORK IN EPWORTH AND ALONG THE MUKUVISI RIVER BANK HARARE, ZIMBABWE BY TECKLA SEKAI NYAKURERWA REG. NO: R983462Q DISSERTATION SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR A MASTERS DEGREE IN WOMEN’S LAW, SOUTHERN AND EASTERN AFRICAN REGIONAL CENTRE FOR WOMEN’S LAW, UNIVERSITY OF ZIMBABWE SUPERVISOR: PROFESSOR J. E STEWART 7 APRIL 2016 Declaration I Teckla Sekai Nyakurerwa, certify that this dissertation is my original work . It is an honest and true effort of my research . I certify that the work has not been presented before in any other thesis. SIGNED: ..................................................................... DATE: ........................................................................ This dissertation was submitted for examination with my approval as the University Supervisor. SIGNED:............................................................... DATE:.................................................................. PROFFESSOR J.E STEWART Director of the Southern and Eastern African Regional Centre for Women’s Law, University of Zimbabwe SIGNED:.................................................. DATE:................................................................. ii | P a g e Abstract Child prostitution has become a global phenomenon which raises concern and alarm. In Zimbabwe children as young as eight years old are engaging in prostitution in the area along the Mukuvisi River and in Epworth, Harare. Child prostitution has become an acceptable source of livelihood in these two communities, due to lack of alternatives. Despite the prevalence of the practice and a comprehensive legal framework to curb it implementation of the law is lacking and the young girls continue to be sexually abused. This study investigates interventions that have been made by the government and by nongovernmental organisations in curbing the practice, in line with human rights obligations. The research adopted several methodological approaches. The women’s law approach was important to show the interplay between the law, policy and life. Lived experiences of the young girls in prostitution were used as the starting point. This approach in combination with the grounded approach unearthed the reasons behind this disturbing practice as well as the gaps in the implementation of the law. The human rights approach was employed to show the deficiencies in the law and its implementation in comparison to international human rights standards. Qualitative research methods were an important source of information through the use of interviews. The research revealed a number of factors which have pushed children into prostitution. The demand side of child prostitution was investigated and findings were made as to why young girls were in demand. Emerging issues such as the influence of relatives and peers offered new perspectives on the issue under research. The role of law enforcement and social services is also investigated to highlight the deficiencies in the law and policy. Interventions and strategies are proposed to effectively end the abuse and exploitation of children involved in prostitution. The interventions include legal, social and political interventions. The strategies point to the need to fully implement the law and policy in order to afford full protection against child sexual abuse to children in prostitution. iii | P a g e Acknowledgments I wish to express my gratitude to the following: To the respondents I interviewed along the Mukuvisi River bank and in Epworth, Harare. To SEARCWL for affording me the opportunity to study. To Professor Julie Stewart my supervisor for the support; both intellectual and emotional support. I could not have had the courage to keep going back in to the field without your encouragement and advice and for your guidance in the writing of this work. Thank you! To Sesedzai for demystifying ICT. To the SEARCWL staff Blessing, Rudo, Primrose, Johnson thank you for making the stay at SEARCWL relaxing. To Cecilie Mariri for being the best librarian ever! And to my family, colleagues and friends for the support during my time of study. iv | P a g e TABLE OF CONTENTS DECLARATION .............................................................................................................................................. II ABSTRACT ................................................................................................................................................... III ACKNOWLEDGMENTS ................................................................................................................................. IV TABLE OF CONTENTS .................................................................................................................................... V LIST OF FIGURES ......................................................................................................................................... VII LIST OF TABLES ........................................................................................................................................... VII LIST OF INTERNATIONAL HUMAN RIGHTS INSTRUMENTS .......................................................................... VIII LIST OF STATUTES AND NATIONAL POLICIES ................................................................................................ IX LIST OF COURT CASES .................................................................................................................................. IX ACRONYMS ................................................................................................................................................. IX EXECUTIVE SUMMARY ................................................................................................................................ XI 1.0 CHAPTER 1: INTRODUCTION ............................................................................................................ 1 1.1 IS THIS REAL? GOING BEYOND THE SENSATIONALISM ..................................................................................... 1 1.2 WHY DOESN’T ANYONE CARE? ............................................................................................................. 2 1.3 STATEMENT OF THE PROBLEM .............................................................................................................. 4 1.4 OBJECTIVES OF THE STUDY ................................................................................................................... 4 1.5 THE DEFINITION OF A CHILD .................................................................................................................. 5 1.6 ASSUMPTIONS ....................................................................................................................................... 6 1.7 RESEARCH QUESTIONS ......................................................................................................................... 7 1.8 DEMARCATION OF THE STUDY ............................................................................................................. 8 CHAPTER TWO: RESEARCH METHODOLOGY AND METHODS ......................................................................... 9 2.1 THE JOURNEY: METHODOLOGICAL APPROACHES .......................................................................................... 9 2.2 RESEARCH METHODS.......................................................................................................................... 13 2.2.1 INDIVIDUAL INTERVIEWS .............................................................................................................. 14 2.2.2 GROUP DISCUSSIONS ..................................................................................................................... 15 2.2.3 SECONDARY DATA SOURCES .......................................................................................................... 15 2.3 PERMISSION DENIED: BUREAUCRATIC HURDLES ...................................................................................... 16 2.4 RESEARCHER’S DILEMMA ................................................................................................................... 16 CHAPTER 3: CONCEPTUALISING CHILD PROSTITUTION AS CHILD SEXUAL .................................................... 18 3.1 INTRODUCTION ................................................................................................................................... 18 3.2 CHILD PROSTITUTION AS CHILD SEXUAL ABUSE AND EXPLOITATION ................................................. 18 3.3 CHILDREN IN PROSTITUTION: OFFENDRES OR VICTIMS? .................................................................... 18 3. 4 INTERNATIONAL HUMAN RIGHTS FRAMEWORK ON CHILD SEXUAL ................................................... 20 3.5 THE ZIMBABWEAN LEGAL FRAMEWORK ............................................................................................. 21 3.6 THE ZIMBABWEAN CRIMINAL CODE.................................................................................................... 22 3.7 THE NATIONAL ACTION PLAN FOR ORPHANS AND VULNERABLE ....................................................... 23 3.8 LOCAL V INTERNATIONAL STANDARDS: THE GAPS ............................................................................. 24 3.9 THE BEST INTERESTS OF THE CHILD ....................................................................................................
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