MINISTRY OF GENDER AND CHILD DEVELOPMENT 2012 Child protection system mapping & assessment report (Zambia) Acknowledgements Foreword It gives me great pleasure as Minister of Gender and Child Development to present the report on the research that was conducted on the child protection system in Zambia. The purpose of the research was to establish the This report on the Child Protection System Mapping I am also grateful to various institutions and gaps, strengths and weaknesses in child protection and assessment has been made possible through organisations who have conducted extensive and come up with clear recommendations in the participation of various Government Ministries/ research on Child related issues in Zambia. The order to strengthen the various components of the Institutions, co-operating partners, civil society and findings in their reports provided much of the child protection system, including development of community members. essential background information during this clearly elaborated and user-friendly child protection research. framework which will facilitate the development of a First and foremost, I would like to express my National Child Protection Policy. The National Child sincere gratitude to UNICEF for providing financial Lastly, I would like to thank respondents Protection Policy once developed will form a basis for and technical support towards the process. drawn from the communities in the districts of all child protection initiatives and upon which the child Lusaka, Luangwa, Ndola, Mpongwe, Chipata, protection frame will be anchored. Furthermore, I would like to thank Children in Lundazi, Mongu, Senanga, Solwezi, Mwinilunga, Need Network (CHIN) for their input and support in Kabwe, Mumbwa, Mansa, Nchelenge, Kasama, It is expected that an improved child protection system spearheading the research and report writing. Chinsali, Livingstone, and Gwembe for their will provide a mechanism through which families, contributions during the research. Their thoughts communities, structures, institutions and society at I would also like to acknowledge valuable and recommendations have been essential in large will prevent and respond to situations of violence, contributions of National Institute for Public unearthing the situation of children in Zambia as abuse, exploitation, maltreatment and negligent Administration (NIPA) who worked as lead well as the strengths and weakness in the existing treatment of children. consultants during the research and to Ms. Amy child protection system. Fisher Gischer of Gizmos solutions who wrote and The report therefore, provides an opportunity for edited the report. systematic approach to child protection, providing opportunities for more effective programming, better targeting, effective utilization and maximization of Edwidge K. M. Mutale (Ms) resources, structured coordination of various actors, Permanent Secretary with the result being the creation of a protective Ministry of Gender and Child Development environment for children. Hon. Inonge Wina MP Minister of Gender and Child Development Executive Summary This report was conducted to provide an extensive level. An extensive literature review of national and assessment designed to map the existing child international publications was also undertaken. protection system in Zambia. This process involved The research found that Zambia has a strong unpacking the legislative framework underpinning legislative framework that extends from the constitution child protection to understand the depth of coverage through to national policies. Enshrined in these legal provided by both statutory provisions and customary and policy documents is a range of human rights law. The process was guided by a desire to have provisions that protect children from exploitation and comprehensive, current and accurate picture of the abuse and guarantee access to services such as strengths and weaknesses in the existing system and health and basic education. was designed to: Zambia is also a signatory country to a number of • Highlight ongoing child protection concerns for international conventions and treaties that guarantee children in Zambia the rights of children in conflict with law, protect • Map the statutory institutions and structures children from exploitative labour and ensure their responsible for child protection in Zambia development. These treaties include but are not limited to the United Nations Convention on the Rights of • Map the legal and policy framework focused the Child and the African Charter on the Rights and on judicial and social procedures related to Welfare of the Child. Domestication of these treaties investigations, prosecutions and detentions. As part within the Zambian legal framework continues. of this process of the assessment the consulting team reviewed customary laws and practices that The existing child protection system encompasses had a direct bearing on children in Zambia. a range of prevention and response mechanisms that include economic inputs for at risk families, • Analyze the children protection systems in terms outreach activities, sensitization on range of social of assessment, referrals, registration, coordination, issues and where needed a residential care program. information and monitoring processes. Administration of these services is somewhat This analysis would identify clear roles and haphazard and where present is implemented by a responsibilities and highlight the level of coverage number of Government Ministries, Departments and from community levels right through to national Quasi Government Institutions in partnership with Civil structures. Society Organisations. • Propose a user friendly child protection framework Civil society organizations and community structures that includes a clear and phased continuum of care including traditional leadership provide a range of designed to enhance the safety and welfare of services. These including safe houses, supplementary children in Zambia. feeding, and community based training and education To address the overall purpose of this mapping activities on social issues including HIV and domestic process the consulting team utilized a number of violence. assessment approaches to solicit information. This Utilizing the data generated during the assessment included focus group discussions, questionnaires and as well as the findings from the literature review it is interviews with key informants. In all the research team clear that despite political and policy commitments conducted 92 interviews with staff and community Zambia continues to have a number of child protection members from government structures, traditional concerns. Most notably, child labour remains a growing leadership and civil society organisations. Focus problem affecting nearly half of all children in the group discussions were also conducted with children, country. Active participation of children in decision parents, and traditional leaders at the community making is limited and the role of customary law in Child protection system mapping & assessment report ::: iii addressing child protection issues is not always in- • Greater budget allocation to social welfare line with national and international legal provisions. programming to ensure that programs are fully Contents Other child protection concerns currently being faced operational and staff are adequately trained and by children in Zambia include risk of forced or early present at the community level. marriage, teen pregnancy, homelessness, insufficient CHAPTER 1 Introduction 1 • Creation of a centralized data base of information birth registration, risk of being trafficked, exploited or CHAPTER 2 Situation Analysis 2 on child protection concerns for use by civil abused, risk of contracting HIV and prospect of losing society and government staff to plan and develop CHAPTER 3 Methodology of Mapping 5 one or both primary caregivers. Children in conflict with appropriate child protection programs based on law face many problems in the current application of Limitations of the Study 7 actual need. juvenile justice provisions. CHAPTER 4 Definition of Child Protection System 8 • Institutionalization of a record keeping and CHAPTER 5 Child Protection Issues in Zambia 10 Overall there are a number of challenges to Zambia information sharing system that accurately tracks having a comprehensive and effective child protection Children in the Justice 10 children and families in crisis. This record keeping system, including: Child Labour and Homelessness 13 system should ensure accurate and update case Child Marriage & other Harmful Traditional Practices 14 • Discrepancies in legislation which do not act in the files are kept of vulnerable children including best interest of the child and at times discriminate those in conflict with law or in alternative care Birth Registration 15 against a child arrangements. Child Trafficking and Exploitation 16 Abuse, Gender Based Violence and Teen Pregnancies 17 • Lack of financial, technical and staffing capacities • Greater regulation, monitoring and follow up is to address needed to ensure services being provided by Orphans and Children in Need of Alternative Care 20 statutory authorities and civil society organizations Foster Care 20 • Lack of accurate data on child protection concerns conform with domestic and international standards. Adoption 21 This should apply to correctional institutions as well • Lack of information management systems which CHAPTER 6 Strengths & Weaknesses of the System