Committee on the Rights of the Child

Seventy-first session

11-29 January 2015

Item 4 of the provisional agenda

Consideration of reports of States parties

List of issues in relation to the second periodic report of Zimbabwe

Addendum

Replies of Zimbabwe to the list of issues *

[Date received: 15 October 2015]

Part I

In this section, the state party is requested to submit its responses to the following question.

1.Please provide information on the measures taken to incorporate the principles and provisions of the Convention in the domestic legal system.

Section 327 of the Constitution directly addresses the application of International law in Zimbabwe. It states that, “any international treaty which has been concluded or executed by the President or under the President’s authority, does not bind Zimbabwe unless it has been approved by parliament and it does not form part of the Law of Zimbabwe unless it has been incorporated into the Law through an Act of Parliament.”

More so, section 34 of the Constitution provides for domestication of international instruments. It provides that “The State must ensure that all international conventions, treaties and agreements to which Zimbabwe is a party are incorporated into domestic law”.

As stated in the Second Periodic Report, the principles of the CRC 0have been incorporated under various pieces of legislation. It has long since been accepted, in Zimbabwe, that once a convention or treaty has been ratified, the courts should, in appropriate cases apply its provisions. This approach is succinctly summarised by the late Chief Justice Dumbutshena in the case of A Juvenile vs. the Statewhere he stated that “the courts are free to import into their interpretations any regional or international human rights instruments. This way, human rights norms will be integrated into domestic law.”

In May 2013 Zimbabwe adopted a new Constitution with very progressive provisions to protect and promote the rights of children which are in line with the UNCRC. Section 81 of the Constitution comprehensively provide for children’s rights. It provides that:

“(1) every child, that is to say every boy and girl under the age of eighteen years, has the right—

(a) To equal treatment before the law, including the right to be heard;

(b) To be given a name and family name;

(c) In the case of a child who is—

(i) Born in Zimbabwe; or

(ii) Born outside Zimbabwe and is a Zimbabwean citizen by descent; to the prompt provision of a birth certificate;

(d) To family or parental care, or to appropriate alternative care when removed from the family environment;

(e) To be protected from economic and sexual exploitation, from child labour, and from maltreatment, neglect or any form of abuse;

(f) To education, health care services, nutrition and shelter;

(g) Not to be recruited into a militia force or take part in armed conflict or hostilities;

(h) Not to be compelled to take part in any political activity; and

(i) Not to be detained except as a measure of last resort and, if detained—

(i) To be detained for the shortest appropriate period;

(ii) To be kept separately from detained persons over the age of eighteen years; and

(iii) To be treated in a manner, and kept in conditions, that takes account of the child’s age.

(2) A child’s best interests are paramount in every matter concerning the child.

(3) Children are entitled to adequate protection by the courts, in particular by the High Court as their upper guardian.”

All the basic principles of the CRC have been incorporated into the Constitution. Section 19 of the Constitution states that the State must adopt policies and measures to ensure that in matters relating to children, the best interests of the children concerned are paramount.

In sync with section 34 of the Constitution, principles of the CRC have been partly domesticated through the Children’s Act [Chapter 5:06] and other pieces of legislation. The Children’s Act is in the process of being reviewed in order to align it with the Constitution. However, most provisions of the UNCRC have been incorporated into this piece of legislation.

2.Please clarify the measures taken to address the need for improved coordination as noted by the institutional capacity assessment of the Department of Social Welfare(DSS) in 2010, the implementation, monitoring and evaluation of the plans and policies on children rights as well as the role of the Ministry of Health and Child Care which hosts the National Programme of Action for Children (NPAC).

The Government of Zimbabwe through Ministry of Public Service, Labour and Social Welfare, implements the National Action Plan for Orphans and Vulnerable Children Phase II (NAP II), in collaboration with other Government Ministries. It is within this programme that efforts to coordinate the Ministry’s activities are being made, in this regard; the fourth pillar within the NAP II is on programme coordination and management.

At national level a Core Team comprises of the NAP Secretariat, National AIDS Council (NAC) and UNICEF which were created under NAPI to coordinate implementation of the programme. In order to maintain collaboration initiated under NAP I, the Secretariat will be supported by Multisectoral teams at national, provincial and district levels, building on existing structures such as the Child Protection Committees, Victim Friendly Court Sub-Committees, District AIDS Action Committees and others. Membership of Core Teams at sub-national levels will include the DSS, NAC, Local Authorities, NGOs and one other relevant Government Ministries.

In 1992 Government established the National Programme of Action for Children (NPAC) in the Ministry of Health and Child Care (MoHCC) with a mandate of coordinating the implementation, monitoring, evaluation and reporting on the UN Convention on the Rights of the Child (UN CRC) and its Protocols and the AU African Charter on the Rights and Welfare of the Child (ACRWC). The major pillars for coordination are in accordance to the UN CRC Articles: Child Survival, Child Development/Education, Child Protection and Child Justice. These pillars fall under different ministerial mandates.

NPAC has the overall mandate of raising awareness, carrying out trainings on child rights and advocating for the promotion of child rights based approaches in all sectors. NPAC is there to advocate for and participate in development of national policies, strategies and standards in relation to international and regional treaties and national laws to promote recognition of children’s rights in improving child wellbeing and welfare, for A Zimbabwe Fit for Children.

The Draft Child Rights Policy when approved is expected to, among other things; strengthen coordination mechanisms and measures for respecting, protecting, promoting and fulfilling children’s rights. At National level there shall be a governing board responsible for general policy and control of NPAC. An NPAC steering committee comprising senior officials from Office of the President and Cabinet, Ministries, representative of chiefs, religious leaders, Human Rights Commission, private an Parastatal institutions, UN Family, International and local NGOs and Civil Society Organisations shall be established.

NPAC Secretariat’s main task is coordination of actions to improve the lives of children in Zimbabwe. At provincial and district levels NPAC will have structures for the fulfilment of national mandate.

3.Please provide detailed information on the adoption and implementation of the child Rights Policy as well as on human, financial and technical resources allocated. With reference to paragraph 18 of the report mentioning that the lack of adequate resources remains one of the major challenges in the implementation of the convention; please indicate the proportion of national budget allocated to children, both directly and indirectly.

The Draft Child Rights Policy has been completed and is yet to be presented to Cabinet. Despite the economic challenges that Zimbabwe has gone through since 2009, the Government of Zimbabwe remains committed to support child rights promotion programmes as reflected in Table 1 which shows budget support towards various programmes since 2011.

4.Please indicate the step taken under articles 254-257 of the constitution, at all levels of Government, to tackle corruption and to prosecute the Government officials involved in the acts of corruption.

Section 255 of the Constitution provides for the functions of the Zimbabwe Anti-Corruption Commission as follows:

“(1)The Zimbabwe Anti-Corruption Commission has the following functions—

(a)to investigate and expose cases of corruption in the public and private sectors;

(b)to combat corruption, theft, misappropriation, abuse of power and other improper conduct in the public and private sectors;

(c)to promote honesty, financial discipline and transparency in the public and private sectors;

(d)to receive and consider complaints from the public and to take 8such action in regard to the complaints as it considers appropriate;

(e)to direct the Commissioner-General of Police to investigate cases of suspected corruption and to report to the Commission on the results of any such investigation;

(f)to refer matters to the National Prosecuting Authority for prosecution;

(g)to require assistance from members of the Police Service and other investigative agencies of the State; and

(h)To make recommendations to the Government and other persons on measures to enhance integrity and accountability and prevent improper conduct in the public and private sectors.

(2)the Commissioner-General of Police must comply with any directive given to him or her by the Zimbabwe Anti-Corruption Commission under subsection (1) (e).

(3)The Government must ensure, through legislative and other means, that the Zimbabwe Anti-Corruption Commission has power to recommend the arrest and secure the prosecution of persons reasonably suspected of corruption, abuse of power and other improper conduct which falls within the Commission.”

No person is above the law in Zimbabwe, whether it’s a public official or not. Since the enactment of the new Constitution, several public officials have been brought to book for abuse of office and corruption. The case of Air Zimbabwe where public officials were prosecuted is one, among others. The Chief Executive Officer of the national broadcaster, the Zimbabwe Broadcasting Corporation was also arrested on allegations of abuse of office and corruption and his case is still pending before the courts. More so, the Zimbabwe Anti-Corruption Commission Chief Executive was jailed for 10 years in 2015, for defrauding the Commission of its funds.

However, the Anti-Corruption Commission has been facing challenges in terms of resources in order to fully perform their mandate. In this regard the Zimbabwe Republic Police and other whistle blowers have been bringing corrupt officials to book.

5.With reference to articles 242-244 of the constitution on Zimbabwe Human Rights Commission, please clarify the role and mandate of the commission with regard to independent monitoring investigation and reporting of violation of children’s rights, including of those in the most vulnerable situation throughout the country. Please also provide information on the establishment and work of the human rights commission in practice.

In order to enhance the protection and promotion of human rights, Government established the Zimbabwe Human Rights Commission (ZHRC) under section 242 of the new Constitution. The Commission has taken over the human rights mandate of the Office of the Public Protector, formerly known as the Office of the Ombudsman, thereby confining the mandate of the Public Protector to Administrative Justice.

Commissioners are appointed by the President from a list submitted by the Parliamentary Standing Rules Committee. The functions of the Commission are, among others, to:

Promote awareness of and respect for human rights and freedoms at all levels of society

Recommend to Parliament effective measures to promote human rights and freedoms and

Investigate the conduct of any authority or person, where it is alleged that any of the rights in the Declaration of Rights has been violated by that authority or person

The ZHRC has a Thematic Group on Child Rights, which focuses on children’s rights. Complainants can approach this Desk.

6.Please indicate the steps taken towards establishing a centralized data collection system, disaggregated by age, sex, ethnicity, disability, geography and socioeconomic background.

The Census and Statistics Act of 2007 established a National Statistical System (NSS) with the Zimbabwe National Statistics Agency (ZIMSTAT) as its coordinator and supervisor. The functions of the National Statistical System are to increase the effectiveness and efficiency in the provision of official statistics and to improve compliance with regional and international standards in the provision of statistical products and services. The Government Ministries and other public institutions which produce data relating to their responsibilities (administrative data) do so, but such data has to conform to standards, classifications and procedures that are determined by the ZIMSTAT from time to time in order to enhance the comparability of such data with data of a similar nature, and to minimize unnecessary overlapping or duplication with the collection or publication of statistics by the various institutions.

The Government through the ZIMSTAT in 2011 put into place a National Strategy for the Development of Statistics (NSDS 1) for use in the National Statistical System. Currently, the Agency together with the corporation of other members of the NSS is designing NSDS II which will guide statistical work for the period 2016-2020.

As regards disaggregation of data, all data from household surveys conducted by the ZIMSTAT and administrative data on areas such as education is disaggregated by sex and age, thus enabling gender and child analysis.

Zimbabwe has a wealth of data on children collected through periodical household surveys and also from administrative data produced by the Government ministries and departments. There is a focal person for gender and child statistics in ZIMSTAT. The focal person is there to bring to the fore, concerns of gender and children during questionnaire design, drafting of tabulation plans and data analysis. To increase data availability and access ZIMSTAT, in collaboration with Government ministries and the technical support of the UN has established the Zimbabwe Statistics Database (ZIMDAT). ZIMDAT is a customized version of DevInfo database which acts as a depository for all national statistics and indicators.

Censuses and surveys that have been collected with statistics on children in the recent past include

National Baseline survey on Life Experiences of Adolescents, 2011

Zimbabwe Demographic and Health Survey, 2010-11

Labour force and Child Labour Survey, 2011 and 2014

Multiple Indicator Cluster Survey, 2014

Population Census, 2012

7.Please elaborate further measures taken by the State party, as described in paragraphs 53-57 of the State report, to ensure the effective dissemination of the convention among the general public, community and religious leaders and children in particular. Given the prominent influence of churches in communities and that the State party sought partnership with churches to reach out to Zimbabweans on its campaign against child abuse, please indicate if any training has been provided on the convention to all religious personnel whose work brings them in contact with children.

Government in collaboration with partners has been carrying out capacity building workshops for Parliamentarians, community and religious leaders and other government officials. Children are made aware of child rights in the schools as child rights are part of the curriculum. Children also know of their rights during awareness raising campaigns, during commemoration on issues of child rights.

Zimbabwe media has forums where children are educated/ informed of their rights. Child parliamentarians and child counsellors are involved in different activities in educating other children about their rights.

Government has Memorandum of Understanding with the Apostolic Christian Council of Zimbabwe (ACCZ), which is the umbrella body for Apostolic Faith Based Organizations in the country. Ministries with mandates to implement child rights are working closely with ACCZ in educating the leaders of the apostolic sects on child survival, child education, child protection and child justice.

Government uses platforms such as the Zimbabwe International Trade Fair (ZITF) and the Zimbabwe Agricultural Show in order to raise awareness on the Convention and children’s rights in general.

8.Please inform the committee about measures taken to address discrimination and stigma faced by girls, children with disabilities, children with albinism and children of ethnic minorities, as well as by children who live with HIV/AIDS and in streets situation.

Section 56 of the Constitution provides for equality and non-discrimination. Section 56 (3) provides as follows:

“Every person has the right not to be treated in an unfairly discriminatory manner on such grounds as their nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief, political affiliation, opinion, custom, culture, sex, gender, marital status, age, pregnancy, disability or economic or social status, or whether they were born in or out of wedlock”.

A person is treated in a discriminatory manner if they are subjected directly or indirectly to a condition, restriction or disability, to which other people are not subjected, or other people are accorded directly or indirectly a privilege or advantage which they are not accorded. Discrimination on any of the grounds is not condoned in Zimbabwe and it is unfair.

The State has taken reasonable legislative and other measures to promote the achievement of equality and to protect or advance people or classes of people who have been disadvantaged by unfair discrimination.

Administrative measures

a.Children with handicap

Government has put in place legislative measures to cater for the welfare and rehabilitation of disabled persons. The Constitution of Zimbabwe and the Disabled Persons Act [Chapter 17:01] both prohibit discrimination on the grounds of disability, thus providing for and recognizing the rights of disabled children. Under the Disabled Persons Act, 1992, Government has created the National Disability Board, which facilitates, among others:

Access to education and employment of disabled persons

Participation in sporting, recreation and cultural activities

Prevention of discrimination against disabled persons on grounds of their disability

Ensure compliance with international treaties relating to the welfare of disabled children

Government allocates ten percent (10%) of the BEAM programme funds to special needs schools for children with disabilities.

Government through the Ministry of Health and Child Care coordinates Rehabilitation departments in all institutions in the country up to district level. The Ministry recognises some of the barriers faced by children with disability in the enjoyment of their rights, and has a number of strategies, programmes and activities in place to address these barriers. For example:

The national children’s’ rehabilitation programme ; focuses on early childhood intervention programs for children with disabilities, promoting functionality and independent living through provision of therapy, other rehabilitation interventions and support services thereby reducing social inequities for children with disabilities . For example, the Ministry provides rehabilitation and specialist support to families with children that have injuries, disability or developmental delay, including physiotherapy, occupational therapy, speech therapy, audiology services, orthotic and prosthetic services and counselling services.

There are specialised services — Children’ Rehabilitation Units thatare designed to offer specialised services, training and research. Two national centres (CRUs) Harare and Bulawayo. The Ministry is also currently developing an Infant Screening — Hearing program which is a universal hearing test which aims to identify neonates and babies with hearing impairment in order to promptly provide necessary intervention. Other sub programmes are:

The At Risk programme: this is a programme for early detection, referral and intervention of children with disabilities. It emphasizes early intervention treatment preferably within the first 12 months of life. Considerable progress has been made and the programme is being rolled out to all central, provincial and district hospitals. Currently the programme is in place in 50 hospitals. Rehabilitation Villages have been constructed at district hospitals to increase access to facilitation and rehabilitation services for children in rural settings.

The National Clubfoot Programme: The programme targets babies from birth to 2 years applying internationally recognized treatment approaches. The goal of the programme is to strengthen the multidisciplinary management of clubfoot towards elimination of clubfoot as a lifelong disability in Zimbabwe. To date all central hospitals and provincial hospitals have comprehensive clubfoot programmes and the Ministry continues to roll out the programme to district hospitals until every hospital in the country has the capacity to effectively manage clubfoot.

The Ministry recognises and commemorates the different international commemoration days for specific disabilities as a way of raising awareness and minimize stigma. This is done in collaboration with disabled persons organisations and other advocacy groups. The Ministry has successfully commemorated World Autism Day, International Day of the Disabled in the past. In 2015 the Ministry successfully launched the commemorations of World Clubfoot Day and International Albinism Awareness Day. Plans are in place to commemorate World Cerebral Palsy Day before end of year 2015.

The Ministry in collaboration with organizations of persons with disabilities and Development partners is working with parents groups and other service providers in advocating and communicating about disability and rehabilitation. Some of the key areas of awareness-raising include:myths and misconceptions about disability that often give rise to stigma and discrimination; and awareness on diseases and conditions that may lead to disability and their prevention.

Government through the MOHCC continuously developing orthopaedic centres to ensure more consistent access to assistive devices and specialized equipment for children with disability.Products from the State run centres are affordable due to subsidies. Current State run services include:2 Government National Orthopaedic referral centres at Parirenyatwa and United Bulawayo Hospitals and 4 sub-centre at 4 provincial capitals i.e. Chinhoyi, Gweru, Mutare and Masvingo. The centres manufacture and provide persons with a permanent or long-term disability with orthoses and prostheses and other mobility equipment. United Bulawayo Hospitals also manufacture crutches. Children that receive assistive technology experience increased functional independence and this enhances their participation in home, school and work activities.

All central hospitals, provincial hospitals, district hospitals and some Mission hospitals have purpose built facilities offering a wide range of facilitation and rehabilitation services that include physical therapy, occupational therapy, communication therapy, audiology, orthotic and prosthetic services and referral for necessary corrective surgery. Children that are not able to access institutional services are seen through outreach services and/or community based rehabilitation (CBR).

These services are significant in enabling children with impairments, activity limitations and participation restrictions to live independently, remain in or return to their home or community, participate in education and societal activities in general. They help increase potential for children with disability to enjoy same opportunities as children without disability.

The division of curative services has also developed National Guidelines and Manuals for the Early Detection and Referral of children with disabilities to help sensitize health workers and stakeholders in the provision of services to children with disabilities. The Ministry also undertakes training of local communities and Community Health Workers (VHWs, etc) on disability issues, early detection and referral of children and persons with disabilities to health facilities.

Children with Albinism: Albinism is considered as a disability in Zimbabwe. The Ministry works in partnership with organizations of persons with albinism in programmes aimed at educating communities about albinism in order to provide accurate information to dispel myths and misconceptions that result in children with albinism being stigmatized and experiencing discrimination. Government is continuously improving services through ensuring availability of affordable sunscreen creams. The creams for persons with albinism are now part of the national Essential Medicines List in Zimbabwe (EDLIZ).

The Ministry has a programme to support training health workers in sign language. This is to ensure that children with disability enjoyright to privacy when accessing health services.

b.Children living with HIV and AIDS

In line with the Millennium Development Goals of improving child survival and maternal health, the “Global Plan Toward the Elimination of new HIV Infections among Children by 2015 and Keeping their Mothers Alive (eMTCT)” was launched at the UN High Level Meeting held in June of 2011. The goal of the global plan is to reduce the number of new HIV infections in children by 90%, AIDS-related maternal deaths by 50% and provide antiretroviral therapy (ART) to all children with HIV. As one of the 22 priority countries for the Global Plan that contribute the majority of cases of paediatric HIV, Zimbabwe developed an EMTCT strategy 2011-2015, whose goal was to attain an HIV free generation of children and keep mothers and families alive. This strategy has been realigned following the findings of a mid-tern review of the EMTCT strategy conducted in 2013, including the decision by the country to adopt Option B+ (lifelong ART for HIV positive pregnant and lactating women irrespective of the CD4 count), and in line with the process to develop the Zimbabwe National HIV and AIDS Strategic Plan 2014-2018. The realigned EMTCT strategy is aligned to the targets as set in ZIMASSET, the country’s socio-economic blueprint.

Zimbabwe is now moving towards the stage of pre-validation of EMTCT in line with global trends that have already witnessed Cuba being the first country to be certified by the WHO as having attained dual elimination of mother to child transmission of both HIV and syphilis. In 2014, PMTCT ARV coverage was 83%, while the mother to child transmission rate was 7% according to a facility based PMTCT effectiveness survey conducted with support from CDC and the SEAM project. The trajectory of new HIV infections is going down and now implementation is going towards meeting the targets for validation of EMTCT: ANC attendance =>95%, HIV testing of pregnant women of =>95% and PMTCT ARV coverage =>90%, and an MTCT rate <5%.

Financing for the elimination agenda remains largely donor driven through the Global Fund (GFATM) and other bilateral and multilateral agencies, with domestic resources being channelled through the National AIDS Trust Fund (AIDS levy). Support for implementation is through the MOHCC and other implementing non-governmental organizations; both local and international, with community support and advocacy from civil society and networks of people living with HIV.

c.Girl Child /Young Women Framework

The Government is in process of developing a Girl/Young Women (G/YW) Empowerment Framework in a bid to enhance equal participation of women and men in national development processes. The Framework is based on the realization that equal participation of women cannot be achieved if discrimination that starts at the earlier development stages of the girl child’s life is not adequately addressed. The major objective of the framework is to lay the foundation for G/YW empowerment through:

Equal access to education, skills development and training, food and nutrition, integrated comprehensive health and protection services

Improved access to economic resources and services for sustainable livelihoods

Equal access to secure formal and informal employment and viable business opportunities and

Effective participation in decision making and leadership at household, community and societal levels

d.Gender Clubs

The Ministry working with Ministry of Primary and Secondary Education have established gender clubs in both Primary and Secondary schools. These clubs are a platform for boys and girls to discuss any gender related issues. It is also a platform for children especially girls to work on their confidence as they conduct debates and discussions in an environment they feel comfortable.

e.Street Children Fund

The Government has set up the Street Children Fund financed by both Government and Civil Society to fund organizations that offer care and rehabilitation services to children on the street. The funding facilitates the removal and rehabilitation of children from the streets and reunification with their families or placement in alternative places of safety such as foster care and institutionalization.

Government also set up the Multi Sectoral Taskforces for Children on the Streets at Local Authority level. The Task Forces are mandated to monitor the situation of the children on the streets. From January 2015 to June 2015 a total of 186 children, with 125 males and 61 females were removed from the streets and escorted back to their families countrywide.

Government runs 8 children’s homes and training centres that can take in children from the streets. There are also 8 privately run registered children’s homes that take in children from the streets. Besides these homes, there are several drop-in centres in cities such as Harare, Mutare, Bulawayo and Masvingo that offer support services for these children. Services offered at the drop in centres include provision of food, health services, bathing facilities and recreational facilities.

9.Please explain the reason for sharp decrease in birth registration of children under the age of 5 to from 74% in 2005-2006 to 49% in 2010-11 as reported by the Zimbabwe Demographic Health Survey(ZDHS),and provide information on the measures taken by the state party to prevent statelessness and protect stateless children.

According to the populate status of 2012 the Zimbabwe population stands at 13,061,239. The white Settler Regime had registered from 1893 to 1979 a total of 2,253,627 births. From 1980 to 2014 the total number of births registered is 12,532,823. The grand total of birth registration carried out from 1893 to 2014 stands at 14,784,823. Please note that 14,784,672 does not resemble the total number of births which occurred in Zimbabwe but resembles the figures for those registered from 1893 to 2014.

NB: The table below indicates birth registrations from 1893 to 1979 and from 1980 to 2014 yearly statistics.

Year	Number of births registered
1893-1979	2 253 627
1980	195 205
1981	351 300
1982	338 806
1983	480 376
1984	238 277
1985	314 174
1986	298 398
1987	391 762
1988	357 824
1989	340 469
1990	335 888
1991	336 762
1992	429 365
1893	283 388
1994	512 542
1995	316 984
1996	592 296
1997	312 939
1998	333 356
1999	323 364
2000	393 030
2001	400 192
2002	222 836
2003	250 566
2004	791 402
2005	299 908
2006	245 276
2007	689 848
2008	216 032
2009	184 024
2010	324 483
2011	281 519
2012	314 057
2013	455 964
2014	378 437
Total	14 784 672

10.In the context of reports on the use of schools for political purposes, as well as of numerous cases of harassment, expulsion, and unlawfully arrest and detention of teachers and students during parliamentary and presidential elections and their aftermath, please indicate what concrete action has the Government taken to deter such incident in the future and whether investigations have been conducted by the State party into these allegations.

The Ministry of Primary and Secondary Education has an administrative policy that prohibits the use of schools for political purposes other than as voting stations.

11.With reference to paragraph 31 of the State Party report, please provide updated information on the legislative measures taken to repeal all provisions that permit corporal punishment. Please also specify current measures taken to raise awareness among the general public about harmful impact of corporal punishment and alternative forms of discipline, and to encourage reporting of corporal punishment, particularly in schools.

The Bill of Rights in the New Constitution guarantees the right to human dignity; freedom from torture, inhuman and degrading punishment and any other such treatment and this equally applies to children. Section 53 of the Constitution provides for freedom from torture or cruel, inhumane or degrading treatment. This makes all forms of ill-treatment to children illegal. It provides that “No person may be subjected to physical or psychological torture or to cruel, inhuman or degrading treatment or punishment.” This provision has an effect of prohibiting corporal punishment. Unlike in the old Constitution where corporal punishment was specifically reserved for children, this prohibition is absolute.

To this end, the Government is in the process of considering the issue of corporal punishment. The Constitutional Court has provisionally set aside a High Court order(S V Chokuramba HH 718-14) outlawing the caning of juveniles as a form of punishment and will decide on the matter.

More so, the Children’s Act prohibits assault, ill treatment and abandonment of children by their parents or guardians. The Domestic Violence Act recognises children as potential victims of domestic violence, and includes violence committed in the presence of children as emotional abuse. In defining a potential complainant, Section 2 of the Act includes “a child of the respondent, whether born in or out of wedlock, and includes an adopted child and a step-child.” Thus, a child may make a complaint directly to the authorities through a number of individuals outlined in the Act including a police officer, a social welfare officer, an employer of the complainant, a person representing a church or religious organization or a private voluntary organization concerned with the welfare of victims of domestic violence, a relative, neighbour or fellow employee of the complainant or a counsellor.

To effectively implement the provisions of the Children’s Act (Chapter 5.06) Ministry of Public Service, Labour and Social Welfare has been capacitated with Probation Officers whose responsibility is to safeguard the welfare of children. Parents or guardians who allegedly ill- treat or neglect their children are subject to criminal prosecution in terms of Section 7 of the Children’s Act. Outside these provisions ill-treatment and neglect of children can be subject to criminal proceedings under the Criminal Law and Codification Act (Chapter 9.07). Counselling and enhancement of parental skills through programmes like Family Clubs at community level are also in place to address issues of child neglect and ill-treatment. Government is currently reviewing the Children’s Act Chapter (5:06) and the issue of corporal punishment was tabled in both consultative meetings held with all ten provinces in the country. The recommendations are currently being prepared for the Children’s Bill.

12.Please provide updated and detailed information on measures taken to prevent and combat sexual abuse of children, including of children with disabilities, and to ensure the prosecution of perpetrators.

Government through the Ministry of Women Affairs, Gender and Community Development developed and launched in June 2014 the Zimbabwe’s Action Plan to End Rape and Sexual Violence under the broad programme of Gender Based Violence. The Action Plan has strategies on measures of preventing and combating sexual abuse of children. The Action plan has special emphasis on activities for in school and out of school children, for churches and also religious and traditional leaders.

Under the National Action Plan for Orphans and Vulnerable Children (NAP for OVC II) the Ministry of Public Service, Labour and Social Welfare is supported by partners through the Child Protection Fund to address sexual abuse of children with disabilities. This is done under the thematic pillars of specialist services for children with disabilities and specialist services for children and women affected by abuse and violence.

The Zimbabwe Republic Police has a dedicated and specialized unit that policies crime against women and children. The Victim Friendly Unit (VFU) is available at every police station countrywide and emphasis is on standardization of the procedures. VFU carries out crime awareness campaigns in the communities targeting potential abusers and victims as well as their families. The families are conscientised on the crime trends in their respective areas.

In order to come up with the appropriate intervention strategies, the ZRP carries out in depth analysis of crime in the environmental microcosms in which various stations exist. Such analysis informs crime awareness campaigns that are carried out country wide.

The organization also utilizes community policing initiatives as a strategy through partnerships with communities in the area of child protection. The public is also encouraged to report violence through the use of hotlines and suggestion boxes, among other initiatives.

Efforts put in place by the ZRP also cater for children with disabilities. In addition; officers have been in trained in sign language to enable them to communicate with victims who have speech and hearing impairments. The organization works closely with Leonard Cheshire Disability Trust to cater for the needs of children with disabilities who are in contact with the law.

Arrest and prosecution of offenders is another strategy that is adopted in the fight against domestic and sexual violence. When such reports are made at Police stations, investigations are carried out timorously and where an arrest is warranted this is done within the minimum space of time possible, some of the cases are fast tracked by the courts to ensure speedy finalization particularly on cases involving children. The VFU is manned by personnel that have been trained in handling victims in a professional manner.

During the investigation process, the VFU personnel provide escorts to victims for medical examination and other service providers when need arise.

Government has put in place the Protocol on the Multi-Sectoral Management of Sexual Abuse and Violence which promotes a coordinated and integrated approach to supporting survivors of child sexual abuse. The protocol ensures that necessary action and referrals are made to survivors of child sexual abuse and child marriages so that a child is supported pre-trial, during trial and post-trial.

However, there is a general perception that members of the apostolic churches do not seek medical attention. However, a negligible number of such cases are reported to the victim friendly unit for intervention.

13.Please inform the committee about the measures taken to combat child and forced marriage of girls, Please indicate whether an investigation has been conducted by the State Party into the allegations of involvement of members of religious sects, such as apostolic churches, in harmful cultural practices, particularly early marriage, including of girls as young as 10 with older men for spiritual guidance. If so please provide the committee with the main findings of any such investigation. In particular, please provide detailed information on:

a)The criminal charges brought against all those found responsible within these churches, and against all those who facilitated early and forced marriages;

b)The compensation and rehabilitation measures, including medical, psychological and social services provided to the victims of child and forced marriages.

Measures taken to combat child marriages

The Constitution

The Constitution has specifically set an age for marriage, which is 18 years. However, all the pieces of legislation need to be reviewed to align with the new Constitution which now sets marriageable age at 18 years. The Ministry of Justice, Legal and Parliamentary Affairs formed an Inter-ministerial Taskforce on the alignment of laws, in order to fast track the alignment of laws to the new Constitution. Marriage laws review is part of the on-going process. Further, section 3 of the Domestic Violence Act prohibits violence perpetrated on a person by virtue of their age, as well as that derived from cultural practices such as forced virginity testing, forced marriages and child marriages, and pledging of girls to relatives of a deceased person for purposes of appeasing such deceased person’s spirits. Perpetrators face prosecution.

Launch of the African Union Campaign to End Child Marriages in Africa

Government, through Ministry of Women Affairs, Gender and Community Development launched the AU Campaign on Ending Child Marriages on the 31st of July 2015. The aim of the campaign is to accelerate the ending of child marriages in Africa by enhancing continental awareness on the harmful effects of child marriages. Through the campaign, Member States are urged to take appropriate legal, social and economic measures to prevent child marriages

Criminal Charges

The National Prosecuting Authority is mandated to prosecute offenders such as those who commit statutory rape and impregnate girls under the age of 16 years. Only reported cases are prosecuted and there is still a lot of under reporting.

14.Please comment on the findings of the 2013 report of the Ministry of Health and Child Care that “most of the disability in children is due to preventable causes, such as inaccessibility to full immunization, lack of comprehensive care, malnutrition and cultural practices, such as early marriages” and please indicate the measures taken to tackle such causes of disabilities in children.

The Ministry of Health and Child Care in collaboration with Ministries of Primary and Secondary Education and that of Public Service, Labour and Social Welfare with technical support from UNICEF conducted the survey on’ Living Conditions Among Persons with Disability’ in August 2013.

The survey showed that 914,287 individuals out of the total population of 13,061,239 million have some form of disability in Zimbabwe.

The large proportion of respondents acquired their disability as children. About 25% of the 915,287 persons with disabilities were children below the age of 5 years.

The major causes reported were disease, congenital/prenatal causes and accidents. Violence was also a reported cause.

The Report also highlights the stigma and discrimination that children and women with disabilities face.

More detailed data will be available in the comprehensive report which will be published before the end of 2015.

Individuals with disability are more exposed to physical and sexual abuse than their counterparts without disabilities.

More children with disabilities reported to have had a serious illness in the last 12 months.

The study provided useful data on the extent and prevalence of disabilities in Zimbabwe as well as highlighting the gaps in service provision and environmental challenges experienced in accessing community amenities.

Measures to prevent disability

The National Health Strategy of Zimbabwe 2009-2015 “Equity and Quality in Health - a People’s Right” ensures that the programmes of the MOHCC are geared towards prevention of disability; early detection of disability; early rehabilitation of persons with disease, injury and disabilities; enabling persons with disabilities to receive affordable medical and rehabilitation services in Public Health Institutions.

The Government of Zimbabwe has embarked on various programmes designed to prevent disability. These programmes include measures taken against malnutrition, environmental pollution, poor hygiene, inadequate prenatal and postnatal care, water-borne diseases and accidents of all types.

Zimbabwe Expanded Programme on Immunization Programme has been stepped up. According to the Multiple Indicator Cluster Survey (MICS) of 2014 the immunization coverage has gone up to 69.2% of fully immunized 5 years old. Stunting levels have been reduced from 35% in 2009 to 28% in 2014 (MICS).

The MOHCC implements policies and interventions that promote improved access to basic health care and services to identified vulnerable populations and those that are not able to pay. Examples of such policies and programmes include:

(a)The provision of free medical and rehabilitation services to children under 5 years of age and older persons above the age of 65 years, including those with disabilities;

(b)Free maternal health services;

(c)Free medical and rehabilitation services for persons with chronic diseases and conditions and mental illness.

15.Please clarify how the State party meets its obligations under article 24 of the Convention to ensure that health systems and services meet the specific sexual and reproductive health needs of adolescents, including family planning and safe abortion services, and whether adolescents can access reproductive health services, information and counselling without parental consent.

The provision of sexual and Reproductive Health Services to adolescents in Zimbabwe is guided by the Adolescent Sexual and Reproductive Health Strategy 2010-2015. The Government of Zimbabwe is committed to providing friendly SHR services to young people. The services use the format of preventive, promotive, curative and counselling from a human rights approach. Age appropriate interventions are offered to young people aged 10-24 years, in line with relevant national policies and strategies.

Laws that protect sexual and reproductive rights for young people are:

Termination of Pregnancy Act

Sexual; Offences Act: 2003

Domestic Violence Act

Legal age of Majority Act

The Children’s Act 2001

16.In view of the disturbing public reports and information received by the committee that apostolic churches, specifically the Johane Marange Apostolic Church, are barring children from seeking medical attention and regular health services, including immunisation, resulting in deaths and high maternal mortality among adolescents, please indicate whether an investigation has been conducted into such allegation. If so, please provide the Committee with the main findings of any such investigation, particularly criminal charges brought against all those found responsible and compensation and rehabilitation measures provided to the child victims and their families.

Government through Ministry of Health and Child Care continue to engage members of the Apostolic Sect especially the leadership to encourage the utilisation of health services. Recently UDACIZA an organization of 450 Apostolic Sect launched a Strategic Document to address issues of Sexual and Reproductive Health aiming at adolescence. The maternal mortality ratio has gone down from 960/100 000 births in 2009 to 614/100 000 in 2014.

Government has partnered with the Apostolic Christian Church Council of Zimbabwe (ACCZ) for the promotion of children’s rights in Apostolic Sects. Following the launch of the AU Campaign to stop child marriages ACCZ held “The Bishops Dialogue on Child Marriage”, the dialogue was held on 17 July 2015 in Harare Zimbabwe.

The conference was attended by senior Clergy man affiliated to the Apostolic Christian Council of Zimbabwe and drawn from the 10 provinces of Zimbabwe, including representatives from organizations working on child protection, partner organizations and relevant Government Ministries. The objective of the Bishops Dialogue held in Harare Zimbabwe was to bring church leaders, civil society organisations and the Government together to discuss on how to eradicate child.

Through the National Programme of Action for Children, Government has started a process of holding capacity building workshops on Child Rights for ACCZ church leaders in the different provinces of Zimbabwe.

17.With reference to paragraph 50 of the State party report, please provide information to the Committee on measures taken to reduce the high rate of child poverty in the State party ,in particular steps taken to address: (i) structural factors, such as employment opportunities;(ii) pervasive shortage of basics food in rural and urban areas and(iii) increase rate of poverty among children living in urban areas and with respect to children in need of specific protection, including children from indigenous communities, orphans , children affected by or infected by HIV/AIDS and children in streets situations.

Government through the Ministry of Public Service, Labour and Social Welfare has been implementing the monthly maintenance allowances sub programme amongst other social transfer programmes that are aimed at alleviating poverty and vulnerability to households living below the poverty line. Subsequently the Ministry developed a broader successor programme which is the Harmonized Social Cash Transfer Programme (HSCT). The programme targets food poor and labour constrained households according to the agreed poverty rankings. All beneficiary households to this programme automatically qualify for other social transfer programmes like education assistance, health assistance and food assistance, complementing the US$20/month received under the HSCT programme.

18.Noting the general lack of access to potable water and sanitation in the State party please provide detailed information on legislative and other measures to protect children’s rights to water, sanitation and health, including in schools.

Incorporated within the Founding Values and Principles (Section 3 of the Constitution) is the recognition of children’s rights as a special category of rights. Section 811(f) of the Constitution provides for children’s right to water, sanitation and health anywhere, including schools. It provides that:

“(1) every child, that is to say every boy and girl under the age of eighteen years, has the right—

(f) To education, health care services, nutrition and shelter;”

Policy Measures

a.National Water Policy

In 2012, Government launched the National Water Policy which among other issues provides for access to clean water. This policy contributes to child survival by reducing exposure to diarrhoea and other water borne diseases.

b.National Policy on HIV and AIDS

In 1999, Government developed the National Policy on HIV and AIDS. This policy was developed to promote and guide present and future responses to AIDS in Zimbabwe. The policy safeguards the rights of children in regard to protection from HIV infection and discrimination on the grounds of HIV infection. It also enshrines the right of children and young people to access knowledge and life skills needed to avoid HIV infection.

The Ministry of Environment, Water and Climate in an effort to ensure climate change information dissemination to the people of Zimbabwe including the children, has been involved in awareness and outreach programmes targeting all age groups including children, youth and adults.

Children aimed programmes include a book titled “Impacts of Climate Change on Children” produced by the United Nations Children’s Educational Fund (UNICEF) with input from the Ministry. The book presents climate change causes, impacts and adaptation strategies appropriately packaged for children. The book was distributed to schools for ease access to students. The book was also exhibited and distributed to Children and Civil Society Organizations by the Ministry during the recently held Harare Agricultural Show. During the same exhibition, the Ministry’s exhibitors held climate change awareness competitions for children whereby t-shirts inscribed with climate change awareness messages were given out as prizes to the children.

Ministry of Environment, Water and Climate is in the process of developing a National Climate Policy and children have been identified as key stakeholders in the consultative process. During the Climate Change Response Strategy consultative meetings, a consultative workshop dedicated to Children, Youth and Vulnerable groups was organised and children were represented by the Child President, representative Child Parliamentarians, Children and Youth organizations and selected school children to ensure the climate policy when complete will have correctly captured the views and aspirations of the younger generation.

Zimbabwe has committed itself at both global and national levels to a results oriented framework of action to address obstacles to the Water, Sanitation and Hygiene (WASH) sector progress. At global level Zimbabwe is signatory to the UN Millennium Development Goals and participates in the Sanitation and Water for All (SWA) High Level Meeting (HLM) focusing on increasing the prioritization of sanitation and water; generating a strong evidence base that supports good decision-making; and strengthening national plans and targeted investments in countries that need support. At national level, the Constitution of Zimbabwe recognises the right to life and in Section 29 (3) commits itself to the prevention of the spread of diseases in the following provision:

“(3) The State must take all preventive measures within the limits of the resources available to it, including education and public programmes, against the spread of disease.”

The Constitution, under Section 73 (1) guarantees the environmental rights, and under section 77 (a) guarantees the right to safe, clean and potable water. These guarantees should be read in conjunction with The Government of Zimbabwe economic blueprint, the Zimbabwe Agenda for Sustainable Social and Economic Transformation (ZimASSET) (2013-2018) which is geared “Towards an Empowered Society and a Growing Economy”. Improvement in WASH service delivery is highly prioritised under the Infrastructure and Utilities cluster of the ZimASSET which focuses on the rehabilitation of infrastructural assets and recovery of utility services related to water and sanitation among others.

ZimASSET emphasises on the need to ensure sustainability of all interventions through the involvement and participation of local communities, committees and the private sector. It recognises the challenges being faced by Government with regards to resources and thus calls for the pooling of resources from all stakeholders in order to achieve the set targets.

At legislative level, Zimbabwe has the following legislative pieces all of which safeguard the children’s rights:

The National Water Policy (2012)

The Water Act (1998)

The Public Health Act (revised 2001)

Environmental Management Act (Chapter 20:27)

The Rural District Councils Act (Chapter 29:13)

The Urban Councils Act (Chapter 29:15)

The Education Act

To this end the Government of Zimbabwe through the National Action Committee (NAC) for WASH assisted by its Secretariat the National Coordination Unit (NCU) has implemented the provisions of these pieces of legislation and has been spearheading numerous projects that target children. Typical activities under the schools WASH programmes include:

Formation of school health clubs and subsequent training in health and hygiene

Provision of hand washing facilities in schools

Mainstreaming menstrual hygiene management in schools (including re-usable menstrual pads; girl friendly latrines)

Provision of latrines in schools

Work is currently progressing well on the development of the Schools Health Education Policy.

19.In view of the significant number of children dropping out of school, please indicate the measures taken to tackle the root causes, including child marriages, teenage pregnancies, poverty, high school fees and lack of schooling facilities.

The Government put in place the Basic Education Assistance Module (BEAM) program to assist vulnerable children who are dropping out of school due to poverty, child marriages and lack of school facilities and other economic challenges. The other intervention strategies which have been put in place to address the root causes are as follows:

The Department has engaged other partners to ensure that children dropping out of school due to financial constraints are assisted so that they go back to school. For example the Zimbabwe Accelerated Learning Program (ZALP) which is run by Ministry of Primary and Secondary Education.

Coordinated sustained programs for out of school children involving all relevant stakeholders that have stronger concrete linkages between non-formal and formal education are being done.

Provide awareness and training on education policies so that all stakeholders understand their implications and the policies are implemented correctly.

Awareness campaigns to educate communities on the importance of education and dangers of early marriages are being held.

It is recommended that all schools have the required access facilities and materials for children that have disabilities, as well as teachers trained in handling the needs of children with disabilities.

Government is in the process of carrying out an Adolescent Fertility Study to determine the causes and circumstances of teenage pregnancies. This will inform Government during the development of the Adolescent Sexual and Reproductive Health Strategy 2016 to 2020.

20.In view of reports which indicate that some schools were used as bases by militia groups, including Zanu Pf youth militia, particularly in Masvingo provinceand other rural areas, please inform the Committee about the measures taken to deter military use of schools, and mechanisms established to ensure that attacks on the education are monitored and properly investigated.

The Ministry of Primary and Secondary Education has an administrative policy that prohibits the use of schools for political purposes other than as voting stations.

21.Please provide updated information on the situation of children and their families who were displaced by the floods at the Tokwe-Mukosi dam in Masvingo province in February 2014. In particular, please provide detailed information on redress, including compensation provided, return of their land, access to facilities such as schools, health care and recreation facilities for children.

The Government of Zimbabwe has been working tirelessly to restore order and dignity to the 2 974 households Tokwe Mukosi Dam flood victims since the disaster. Government is working on the relocation of the said victims at Chingwizi to other 5 preferred farms north of Runde River. Each family currently occupies 1 hectare piece of land for both residential and farming purposes which is not sufficient. Government is struggling to feed the families and they preferred to be relocated and produce their own food in the alternative farms identified.

To date, Government has managed to compensate the affected families $5 million and a total amount of $9 million is still outstanding. In a complementary development, the Japanese Government has contributed $1.05 million that would be utilized to support affected families with a focus on supporting the most disadvantaged families.

With respect to access to education facilities, 4 Primary Schools and 1 Secondary School have been established in Chingwizi and the children are benefiting. The schools have recreational facilities in place. Resources have been obtained from cooperating partners to augment the provision of teaching and learning materials for primary and secondary school learners in Tokwe-Mukosi.

Regular supervision visits by education officials are made to ensure that the affected learners access the best possible quality education under the circumstances. Efforts are underway to make the current learning environment as conducive and learner –friendly as possible, including the deployment of qualified teachers to the area.

Construction of standard school infrastructure has been prioritised for when the families are relocated to a permanent area.

In terms of health facilities; a clinic manned by the Zimbabwe Defence Forces Personnel has been set up though two more clinics need to be established to optimally service the families in question.

22.Please provided updated information on the children directly and indirectly affected by the “Operation Murambatsvina”, launched by the State party in May of 2005. Please also indicate the number of children displaced by this operation and the current situation of these children including their whereabouts.

Government through the Ministry of Local Government, Public Works and National Housing spearheaded for the provision of shelter for affected households.

23.Please provide updated information on measures taken by the State party to combat the prevalence of child labour, including the worst forms of child labour. Please also provide information on inspections by government authorities of those industries known for employing children, especially the agriculture and mining sectors and the outcome of investigations related to violations of criminal laws on child labour. Please further provide updated information on assistance provided by the State party to child victims of economic exploitation, including compensation, education, vocational training, witness protection and counselling.

The Constitution provides in section 81(1) for the protection of children from economic and sexual exploitation and from child labour. These constitutional provisions have led to an amendment of the Labour Act [28:01] on 26 August 2015 which has effectively raised the minimum age for admission to employment from 15 to 16 years. The minimum age for admission into employment has been aligned with the Manpower Development Act to encourage children to complete Ordinary Level education before entering the labour market.

24.Please provide succinct information to the Committee on progress made in the juvenile justice system, including: (i) the adoption of a comprehensive policy for juvenile justice; (ii) legislative guarantee of the right to legal aid for children and the allocation of resources for legal aid; (iii) the independent monitoring of places where children are deprived of their liberty; and (iv) the establishment of child-sensitive complaints mechanisms regarding ill-treatment and torture. Please also provide information on measures taken to ensure in practice that children have access to alternative measures to deprivation of liberty.

i.The adoption of a comprehensive policy for juvenile justice;

The pre-trial diversion program

The Pre-trial Diversion Programme was introduced in 2008 to divert young offenders from the formal court system to an informal system with the major aim of preventing young offenders from having a criminal record at an early age. The programme further seeks to rehabilitate young offenders and fully integrate them into the society. The target group for the programme is young offenders below the age of eighteen (18) years who have committed crimes which attract a sentence of two years and below.

Currently children’s laws are being aligned to the new Constitution. Realising that children’s issues are scattered through various Acts of Parliament, there are efforts to come up with a comprehensive child Juvenile Justice Bill.

ii.The independent monitoring of places where children are deprived of their liberty

The Constitutional guarantee to personal liberty also applies to children. Courts often release juvenile offenders into the custody of their parents or legal guardians. Section 81 (1) (i) of the New Constitution states that:

“Every child, that is to say every boy and girl under the age of 18 years has the right not to be detained except as a measure of last resort and if detained,

(i)to be detained for the shortest appropriate period;

(ii)to be kept separately from detained persons over the age of 18 years; and

(iii)to be treated in a manner and kept in condition that take account of the child’s age.”

The Zimbabwe Human Rights Commission and the Parliamentary Portfolio on Human rights carry out independent monitoring visit to prisons.

iii.Legislative guarantee of the right to legal aid for children and the allocation of resources for legal aid

Section 31 of the Constitution provides for Legal aid as follows:

“The State must take all practical measures, within the limits of the resources available to it, to provide legal representation in civil and criminal cases for people who need it and are unable to afford legal practitioners of their choice”.

The Legal Aid Directorate

Further, the Legal Aid Act [Chapter 7:16], provides for the legal representation of all under-privileged persons, including children. The Legal Aid Directorate is currently in Harare, Bulawayo, Gweru and Masvingo and plans are underway to decentralize it to all provinces. Government is also implementing the Pre-Trial Diversion programme discussed above. This Department is mandated to provide legal assistance to the indigent people, including children. Whenever a child is arrested, the Legal Aid Directorate can be notified and lawyers are send to represent the child. The Department will follow up on the child to ensure a speedy trial by engaging the prosecution and magistrates.

National Legal Assistance for Children Strategy (2012-2015)

A Legal Assistance Strategy has also been developed by Government under the National Action Plan for Orphans and Vulnerable Children aimed at improving children’s access to justice. The strategy is aimed at supporting children who come into contact with the law, for whatever reason, to receive legal assistance that enables them to actively participate in the justice process and to seek the most just and rights based outcome.

iv.The establishment of child-sensitive complaints mechanisms regarding ill-treatment and torture

The Zimbabwe Human Rights Commission

In order to enhance the protection and promotion of human rights, Government established the Zimbabwe Human Rights Commission (ZHRC) under section 242 of the new Constitution. The Commission has taken over the human rights mandate of the Office of the Public Protector, formerly known as the Office of the Ombudsman, thereby confining the mandate of the Public Protector to Administrative Justice.

Commissioners are appointed by the President from a list submitted by the Parliamentary Standing Rules Committee. The functions of the Commission are, among others, to:

Promote awareness of and respect for human rights and freedoms at all levels of society

Recommend to Parliament effective measures to promote human rights and freedoms and

Investigate the conduct of any authority or person, where it is alleged that any of the rights in the Declaration of Rights has been violated by that authority or person

The ZHRC has a Thematic Group on Child Rights, which focuses on children’s rights. Complainants can approach this Desk.

The Victim Friendly System

The Victim Friendly System (VFS) is a set of measures designed to ensure the protection and active participation of survivors in the criminal justice system. In 1997 the amendment to section 319 of the Criminal Procedure & Evidence Act addressed the needs of all witnesses deemed as vulnerable witnesses during criminal proceedings in the Victim Friendly Court. The specific provisions of the amendment include:

(a)Having a support person during Court proceedings;

(b)Availability of closed circuit television (CCTV) in all specialized courts;

(c)Use of an intermediary, a specialist interpreter to work with vulnerable witnesses;

(d)Establishment of the Multi-Sectoral Victim Friendly System Court Sub-Committees referred to in the Protocol as the National Victim Friendly System Committee (NVFSC) and Sub-Committees;

(e)Use of anatomically correct dolls for child survivors and witnesses;

(f)Provision of witness expenses by Government;

(g)In camera trial;

(h)Allowing judicial staff to behave less formally before and during trial; and

(i)Awareness raising campaigns.

The Legal Aid Directorate is a stand-alone entity which has been receiving budget support since inception. For 2015 the directorate received support amounting to US$30,000 to enable it to discharge its mandate. Government will continue to fund the directorate and will consider increasing budget support subject to fiscal space.

25.Please provide information to the Committee on progress made towards the effective implementation of the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, including the adoption of legislation on anti-child trafficking. Please also inform the Committee on steps taken to prevent, suppress and punish child prostitution and whether sale of children is criminalized.

Government through the Ministry of Home Affairs enacted the Trafficking in Persons Act on 13 June 2014. This Act criminalises the act of human trafficking in Section 3 (3) states as follows:

“The crime of trafficking in persons shall be considered to be committed in aggravating circumstances if (a) the trafficked person is a child or disabled person or (b) the child adoption laws of any country or territory are abused to facilitate the trafficking of a child.”

Further, the Act in section 3(2) (a) (ii) states that any person who commits the crime of human trafficking under the above mentioned circumstances shall be liable to imprisonment for life or any definite period of imprisonment of not less than ten (10) years.

In addition, the Act provides in section 3 (4):

“If a victim was trafficked for the purposes of adult or child pornography or prostitution, or for any purpose or in any circumstances involving the breach of the Immigration or Labour laws of Zimbabwe or of any country or territory, that victim shall not be charged with any crime whose essential elements include adult pornography, prostitution or the breach of the Immigration or Labour laws in question.”

Part II

In this section, the Committee invites the state party to briefly (three pages maximum) update the information presented in its report with regard to:

(a)New bills and laws their respective regulations

The New Constitution 2013

In May 2013 Zimbabwe adopted a new Constitution which has very progressive provisions to protect and promote the rights of children. In terms of section 34 of the Constitution, the State must ensure that all international conventions, treaties and agreements to which Zimbabwe is party to are incorporated into domestic law. To this end, Government has enacted a number of laws to promote the rights and welfare of children.

Section 81 of the Constitution comprehensively provide for children’s rights. It provides that:

“(1) every child, that is to say every boy and girl under the age of eighteen years, has the

Right—

(a) To equal treatment before the law, including the right to be heard;

(b) To be given a name and family name;

(c) In the case of a child who is—

(i) Born in Zimbabwe; or

(ii) Born outside Zimbabwe and is a Zimbabwean citizen by descent; to the prompt provision of a birth certificate;

(d) To family or parental care, or to appropriate alternative care when removed from the family environment;

(e) To be protected from economic and sexual exploitation, from child labour, and from maltreatment, neglect or any form of abuse;

(f) To education, health care services, nutrition and shelter;

(g) Not to be recruited into a militia force or take part in armed conflict or hostilities;

(h) Not to be compelled to take part in any political activity; and

(i) Not to be detained except as a measure of last resort and, if detained—

(i) To be detained for the shortest appropriate period;

(ii) To be kept separately from detained persons over the age of eighteen years; and

(iii) To be treated in a manner, and kept in conditions, that take account of the

Child’s age.

(2) A child’s best interests are paramount in every matter concerning the child.

(3) Children are entitled to adequate protection by the courts, in particular by the High

Court as their upper guardian.”

Section 26 of the Constitution on marriages states that the State must take appropriate measures to ensure that:

“(a)No marriage is entered into without the free and full consent of intending spouses;

(b)Children are not pledged in marriage”

Section 78 (1) and (2) states, that, every person who has attained the age of eighteen years has the right to found a family and that no person may be compelled to enter into marriage against their will.

Since the enactment of the new Constitution, all laws are being reviewed to be in line with the provision of the Constitution.

(b)New institutions and their mandate and institutional reforms

a.The Zimbabwe Human Rights Commission

In order to enhance the protection and promotion of human rights, Government established the Zimbabwe Human Rights Commission (ZHRC) under section 242 of the new Constitution. The Commission has taken over the human rights mandate of the Office of the Public Protector, formerly known as the Office of the Ombudsman, thereby confining the mandate of the Public Protector to Administrative Justice.

Commissioners are appointed by the President from a list submitted by the Parliamentary Standing Rules Committee. The functions of the Commission are, among others, to:

Promote awareness of and respect for human rights and freedoms at all levels of society

Recommend to Parliament effective measures to promote human rights and freedoms and

Investigate the conduct of any authority or person, where it is alleged that any of the rights in the Declaration of Rights has been violated by that authority or person

b.National Prosecuting Authority (NPA)

The NPA is established by Section 258 of the Constitution which provides that “There is a National Prosecuting Authority which is responsible for instituting and undertaking criminal prosecutions on behalf of the State and discharging any functions that are necessary or incidental to such prosecutions.” The National Prosecuting Authority is mandated to prosecute offenders such as those who commit statutory rape and impregnate girls under the age of 16 years, among other cases.

c.The Judiciary

The Judicial structure now includes the Electoral Court, which is established in terms of the Electoral Act [Chapter 2:13] to hear and determine electoral petitions on ad hoc basis.

Parliament has since enacted the Judicial Service Act [Chapter 7:18] to remove magistrates and their support staff from the ambit of the Public Service Commission into the Judicial Service Commission. This is designed to enhance the independence of the Judiciary. Local Courts will remain outside the Judicial Service Commission. There is a separate Supreme Court and Constitutional Court.

d.The Zimbabwe Gender Commission

The Zimbabwe Gender Commission was established in terms of section 245 of the Constitution and it provides as follows:

“(1)There is a commission to be known as the Zimbabwe Gender Commission consisting of —

(a)a chairperson appointed by the President after consultation with the Committee on Standing Rules and Orders; and

(b)eight other members, of whom—

(i)seven are appointed by the President from a list of not fewer than twelve nomineessubmitted by the Committee on Standing Rules and Orders; and

(ii)one is a nominee of the National Council of Chiefs, appointed by the President.

(2)Members of the Zimbabwe Gender Commission must be chosen for their integrity and their knowledge and understanding of gender issues in social, cultural, economic and political spheres, and the genders must be equally represented on the Commission.”

Section 246 of the Constitution provide for the functions of Zimbabwe Gender Commission as follows:

“(a)to monitor issues concerning gender equality to ensure gender equality as provided in this Constitution;

(b)to investigate possible violations of rights relating to gender;

(c)to receive and consider complaints from the public and to take such action in regard to the complaints as it considers appropriate;

(d)to conduct research into issues relating to gender and social justice, and to recommend changes to laws and practices which lead to discrimination based on gender;

(e)to advise public and private institutions on steps to be taken to ensure gender equality;

(f)to recommend affirmative action programmes to achieve gender equality;

(g)to recommend prosecution for criminal violations of rights relating to gender;

(h)to secure appropriate redress where rights relating to gender have been violated; and

(i)to do everything necessary to promote gender equality.”

The establishment of the Gender Commission in Zimbabwe is a milestone development in the country’s bid to address gender inequalities. The nine (9) member Commission is composed of people who have expertise in gender issues. The Commissioners were sworn in by His Excellency, the President of Zimbabwe, on the 2nd of September 2015.

(c)Recently introduced policies, programmes and action plans and their scope and financing

Pre-trial Diversion Programme

The Pre-trial Diversion Programme was introduced in 2008 to divert young offenders from the formal court system to an informal system with the major aim of preventing young offenders from having a criminal record at an early age. The programme further seeks to rehabilitate young offenders and fully integrate them into the society. The target group for the programme is young offenders below the age of eighteen (18) years who have committed crimes which attract a sentence of two years and below.

(d)Recent ratifications of human rights instruments

Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (2003)

SADC Protocol on Gender and Development (2008)

Kampala Declaration on Refugees, Returnees and Internally Displaced Persons in Africa (2009)

Optional protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (2012)

Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (2013)

Convention on the Rights of Persons with Disabilities (2013)

Part III

Data, statistics and other information, if available

1.Please provide updated statistical data (disaggregated by age, sex, ethnic origin, national origin, geographic location and social-economic status) for the past three years on:

(a)Cases of abuse and violence against children, including all forms of corporal punishment, with additional information on the type of assistance given to child victims and follow-up provided, including prosecution of perpetrators, and the sentences handed down, in the State party;

Statistics on cases of abuse and violence against children

A total of 532 cases were referred to the Schools Psychological Services between 2012 and 2014. The cumulative totals are tabulated below:

Province	Child sexual abuse	Emotional abuse	Physical abuse	Rape	Sodomy	Bullying	Early marriages	Total
Harare	28	4	6			3		41
Bulawayo	4	1	1					6
Manicaland	70		2		3			75
Mashonaland Central	39		3		2		2	46
Mashonaland East	2			20	2	17		41
Mashonaland West	78	12	14		17		53	174
Masvingo	31	3	6					40
Matabeleland North	30		2		34		6	72
Matabeleland South			2	18				20
Midlands				14	3			17
Total	282	20	36	52	61	20	61	532

Cases of Improper Association

Improper association refers to cases whereby adult officers, such as teachers, perpetrate sexual acts against learners in schools.

The statistics of such cases that the Ministry’s Discipline Division processed during the period 2012 to 2014 show that all such sexual misconduct was reported on female learners and none on males.

Province	Year 2012	Year 2013	Year 2014
Sex	Age	Sex	Age	Sex	Age
Boys	Girls	Boys	Girls	Boys	Girls	Boys	Girls	Boys	Girls	Boys	Girls
Bulawayo	0	0		12-18	0	3		10-18	0	4	0	10-18
Harare	0	1	0	10-18	0	5	0	10-18	0	8	0	10-18
Manicaland	0	9	0	10-18	0	8	0	10-18	0	14	0	10-18
Mash east	0	5	0	10-18	0	17	0	10-18	0	32	0	10-18
Mash west	0	5	0	10-18	0	12	0	10-18	0	19	0	10-18
Midlands	0	13	0	10-18	0	9	0	10-18	0	15	0	10-18
Masvingo	0	10	0	10-18	0	23	0	10-18	0	41	0	10-18
Mash central	0	17	0	10-18	0	13	0	10-18	0	14	0	10-18
Mat north	0	5	0	10-18	0	7	0	10-18	0	9	0	10-18
Mat south	0	6	0	10-18	0	8	0	10-18	0	6	0	10-18
Total		71	0		0	105	0		0	162	0		338
Grand total		338

Members who are involved in improper association with minor or indecorous behaviour with learners are subjected to disciplinary procedures and those found guilty are discharged from service. Criminal action has also been taken on some of the cases.

(b)Investigation into cases of sexual violence and rape and on the outcome of trail including information on the sentences handed down and on redress and compensation offered to the victims;

The Following Are Provincial Sexual Offences Crime Statistics from 2013 to July 2015

Bulawayo Province	2013	2014	2015 Jan-July
Offence	Counts	Arrested	Convicted	Counts	Arrested	Convicted	Counts	Arrested	Convicted
Rape (Adult)	169	88	21	156	69	19	75	41	10
Rape (Juveniles)	141	93	35	170	106	20	87	63	13
Aggravated indecent assault Male upon Female	37	22	10	23	15	6	19	13	8
Indecent assault Male upon Female	116	80	34	98	67	24	56	42	12
Sexual Intercourse with a young person	94	57	21	106	72	37	64	45	15
Indecent Act with a  young Person	3	2	0	6	2	0	0	0	0
Solicit/incite Young Person to have Sex or Indecent Act	1	1	0	2	2	0	0	0	0
Total	561	343	121	561	333	106	301	204	58

Harare Province	2013	2014	2015 Jan-July
Offence	Counts	Arrested	Convicted	Counts	Arrested	Convicted	Counts	Arrested	Convicted
Rape (Adult)	367	217	113	443	280	87	259	152	54
Rape (Juveniles)	417	281	126	455	336	117	230	152	66
Aggravated indecent assault Male upon Female	73	48	20	83	60	18	47	37	20
Indecent assault Male upon Female	275	179	73	273	178	52	206	123	54
Sexual Intercourse with a young person	195	150	76	286	213	86	148	91	47
Indecent Act with a  young Person	10	8	3	4	5	4	3	3	1
Solicit/incite Young Person to have Sex or Indecent Act	3	6	6	4	4	3	0	0	0
Total	1 340	889	417	1 548	1 076	367	893	558	242

Manicaland Province	2013	2014	2015 Jan-July
Offence	Counts	Arrested	Convicted	Counts	Arrested	Convicted	Counts	Arrested	Convicted
Rape (Adult)	158	125	33	157	109	25	95	72	30
Rape (Juveniles)	494	383	156	514	390	120	283	224	91
Aggravated indecent assault Male upon Female	21	18	6	30	22	10	20	15	7
Indecent assault Male upon Female	161	134	46	171	133	47	80	65	22
Sexual Intercourse with a young person	282	234	118	284	228	74	181	140	51
Indecent Act with a  young Person	5	4	3	24	18	6	4	4	4
Solicit/incite Young Person to have Sex or Indecent Act	0	0	0	0	0	0	0	0	0
Total	1 121	898	362	1 180	900	282	663	520	205

Midlands	2013	2014	2015 Jan-July
Offence	Counts	Arrested	Convicted	Counts	Arrested	Convicted	Counts	Arrested	Convicted
Rape (Adult)	165	104	16	164	101	35	118	67	13
Rape (Juveniles)	441	350	70	527	408	83	235	181	50
Aggravated indecent assault Male upon Female	37	27	8	34	30	5	28	16	2
Indecent assault Male upon Female	144	114	36	147	106	41	68	56	26
Sexual Intercourse with a young person	200	150	72	190	151	74	145	108	55
Indecent Act with a  young Person	6	5	2	3	3	1	3	3	1
Solicit/incite Young Person to have Sex or Indecent Act	0	0	0	1	1	0	3	1	0
Total	993	750	204	1066	800	239	600	432	147

Masvingo Province	2013	2014	2015 Jan-July
Offence	Counts	Arrested	Convicted	Counts	Arrested	Convicted	Counts	Arrested	Convicted
Rape (Adult)	142	96	28	169	132	21	92	73	8
Rape (Juveniles)	336	261	62	358	302	64	211	168	37
Aggravated indecent assault Male upon Female	20	16	8	27	23	3	14	12	4
Indecent assault Male upon Female	137	118	57	130	113	50	62	53	15
Sexual Intercourse with a young person	177	158	60	193	179	89	139	114	58
Indecent Act with a  young Person	7	6	2	10	11	5	3	3	0
Solicit/incite Young Person to have Sex or Indecent Act	5	5	1	2	0	0	1	0	0
Total	824	660	218	889	760	232	522	423	122

Matabeleland N orth  Province	2013	2014	2015 Jan-July
Offence	Counts	Arrested	Convicted	Counts	Arrested	Convicted	Counts	Arrested	Convicted
Rape (Adult)	76	45	10	63	54	18	29	25	6
Rape (Juveniles)	185	143	70	181	143	63	95	77	38
Aggravated indecent assault Male upon Female	11	8	4	8	7	1	5	3	2
Indecent assault Male upon Female	33	26	13	33	24	4	22	18	5
Sexual Intercourse with a young person	160	124	58	173	127	49	60	48	21
Indecent Act with a  young Person	5	4	2	20	4	3	2	2	1
Solicit/incite Young Person to have Sex or Indecent Act	1	0	0	3	1	0	0	0	0
Total	471	350	157	481	360	138	213	173	73
Matabeleland South Province	2013	2014	2015 Jan-July
Offence	Counts	Arrested	Convicted	Counts	Arrested	Convicted	Counts	Arrested	Convicted
Rape (Adult)	107	78	9	93	51	6	56	39	9
Rape (Juveniles)	203	157	35	247	168	24	135	101	12
Male upon Female	17	13	4	11	10	4	8	6	1
Male upon Female	46	43	9	45	43	6	37	31	10
Sexual Intercourse with a young person	119	95	40	140	110	28	86	67	28
Indecent Act with a  young Person	2	2	1	3	3	1	2	1	0
Solicit/incite Young Person to have Sex or Indecent Act	0	0	0	2	2	1	0	0	0
Total	494	388	98	541	387	70	324	245	60

Mashonaland West Province	2013	2014	2015 Jan-July
Offence	Counts	Arrested	Convicted	Counts	Arrested	Convicted	Counts	Arrested	Convicted
Rape (Adult)	154	96	15	134	88	16	82	64	17
Rape (Juveniles)	375	260	46	439	346	76	235	185	70
Aggravated indecent assault Male upon Female	27	22	4	17	9	3	17	18	9
Indecent assault Male upon Female	103	89	20	116	93	27	65	53	17
Sexual Intercourse with a young person	296	222	82	316	252	76	170	124	50
Indecent Act with a  young Person	13	11	2	7	2	0	21	20	11
Solicit/incite Young Person to have Sex or Indecent Act	7	5	2	4	3	4	3	2	0
Total	975	705	171	1033	793	202	593	466	174

Mashonaland East Province	2013	2014	2015 Jan-July
Offence	Counts	Arrested	Convicted	Counts	Arrested	Convicted	Counts	Arrested	Convicted
Rape (Adult)	150	106	58	139	90	41	64	48	23
Rape (Juveniles)	404	300	150	437	325	128	220	167	86
Aggravated indecent assault Male upon Female	28	21	11	17	11	7	9	10	3
Indecent assault Male upon Female	87	72	27	74	63	28	54	48	27
Sexual Intercourse with a young person	228	199	130	283	224	129	183	140	70
Indecent Act with a  young Person	11	7	4	4	3	0	4	4	3
Solicit/incite Young Person to have Sex or Indecent Act	6	4	1	14	12	6	1	1	0
Total	914	709	381	968	728	339	535	418	212

Mashonaland Central Province	2013	2014	2015 Jan-July
Offence	Counts	Arrested	Convicted	Counts	Arrested	Convicted	Counts	Arrested	Convicted
Rape (Adult)	79	65	25	71	54	14	53	44	15
Rape (Juveniles)	301	268	102	313	258	83	197	165	43
Aggravated indecent assault Male upon Female	19	18	6	23	18	8	7	6	1
Indecent assault Male upon Female	88	75	31	86	65	29	46	37	6
Sexual Intercourse with a young person	213	201	97	225	201	92	160	142	55
Indecent Act with a  young Person	11	10	1	7	6	5	0	0	0
Solicit/incite Young Person to have Sex or Indecent Act	0	0	0	1	1	0	2	2	0
Total	711	637	262	726	603	231	465	396	120

National Total	2013	2014	2015 Jan-July
Offence	Counts	Arrested	Convicted	Counts	Arrested	Convicted	Counts	Arrested	Convicted
Rape (Adult)	1 567	1 020	328	1 589	1 028	282	923	625	185
Rape (Juveniles)	3 297	2 496	825	3 641	2 782	778	1 928	1 483	506
Aggravated indecent assault Male upon Female	290	213	81	273	205	65	174	136	57
Indecent assault Male upon Female	1 190	930	346	1 173	885	308	696	526	194
Sexual Intercourse with a young person	1 964	1 590	754	2 196	1 757	734	1 336	1 019	450
Indecent Act with a  young Person	73	59	20	88	57	25	42	40	21
Solicit/incite Young Person to have Sex or Indecent Act	23	21	10	33	26	14	10	6	0
Total	8 386	6 329	2 364	8 993	6 740	2 206	5 109	3 835	1 413

(c)The number of girls who have become victims of FGM;

Statistical data not available.

(d)The number of children who have been married forcefully through apostolic churches;

Statistical data not readily available.

(e)The number of children who have died due to cholera;

Seven (7).

(f)The number of child and teenage pregnancies;

10 272.

(g)The number of children engage in child labour , both in formal and the informal sector, particularly including children working in mining and agriculture and as domestic workers;

Number of children in child labour

	Male	Female	Total
2011	167 256	146 916	314 173
2014	104 881	63 879	1 680

Source : 2011 and 2014 Labour Force and Child Labour Surveys .

Note : These are children aged 5 to 14 years in economic child labour.

(h)The number of children living and /or working in the streets.

According to the Baseline Survey for Children Living and Working in the Streets conducted by the Ministry of Public Service, Labour and Social Welfare with support from UNICEF in 2014 approximately 4701 children are living and working on the streets in the country. Of these 71% are males and 29% are females. About 1081 children stay on the streets permanently; with 28% being males and 18% being females.

2.Please provide data, disaggregated by age , sex, social-economic background, ethnic origin and geographical location, regarding the situation of children deprived of family environment, covering the past three years, indicating the number of children:

(a)Separated from their parents;

Separated children or on the move travelling unaccompanied to and from South Africa and Botswana are assisted at Beitbridge and Plumtree Child Reception Centres. These will be deportations, smuggling cases and referrals from neighboring countries.

Institution	2011	2012	2013	2014
M	F	M	F	M	F	M	F
Beitbridge	210	115	465	116	311	153	122	52
Plumtree	252	160	349	112	122	40	59	60
Total	462	275	814	228	483	193	181	112

The children are reunified with their families.

There were quarterly cross border coordination meetings held between the Republic of Zimbabwe and the Republic of South Africa in 2011, 2013, 2014 and 2015.

(b)Whose parents have died from HIV/AIDS;

HIV and AIDS orphans

Table 1Estimated number of HIV and AIDS orphans

	2011	2012	2013	2014
AIDS orphans 0-14	690,878 (396,165 - 1,750,274)	651,353 (422,011 - 1,456,192)	610,122 (420,439 - 1,217,416)	567,480 (405,705 - 1,042,383)

The estimated number of AIDS related orphans is continually declining through 2014 (Table 7).

The estimated AIDS related orphans increased sharply from 1993, peaking in 2005 and have been declining since and this can be attributed to the rapid and ambitious scale up of ART in Zimbabwe that has resulted in reduced HIV Mortalities.

(c)Living in child-headed households;

There have been few studies done to ascertain the actual numbers of children that are living in child headed households.According to the Census Report of 2012, a total of 2.9% of households countrywide are headed by children below 19 years of age. A study conducted in 22 Harmonised Social Cash Transfer districts showed that of the 504 186 households surveyed only 1 336 households (2%) were child headed. This has mostly been due to the highly supportive extended family that takes over care of their relatives’ children.

(d)Placed in institutions;

According to the Baseline Survey for Residential Child Care Facilities conducted by the Ministry of Public Service, Labour and Social Welfare with support from UNICEF in 2014 there about 3977 children living under institutional care in Zimbabwe

(e)Placed with foster families;

There were 79 children in need of care who were placed under foster care in terms of the Children’s Act in 2013. In 2014 twenty eight (13m, 15f) children were placed under foster care.

Statistics of children placed under foster care

	2013	2014
Number of children	79	28

(f)Adopted domestically or through inter-country adoptions.

In 2012 a total of 8 non defacto local adoptions were done. In 2013 eight non defacto local adoptions were done. Two applications for inter-country adoptions were made in 2013 by an American couple and British citizen.

Statistics of children placed under adoption

Nature	2011	2012	2013	2014
Local adoptions	6	8	8	-
International adoptions	-	-	2	5
Total	6	8	10	5

3.Provide data, disaggregated by age, sex, type of disability, ethnic origin and geographical location, covering the past three years, on the number of children with disabilities:

(a)Having become victims of sexual abuse or exploitation;

Thematic Area	Number of children r eached
2013	2014	2015
		M	F	Total
Specialist services provision for children affected by sexual abuse	1 822	2903	161	1 397	1 558

(b)Living with their families;

Statistics for children in families are not readily available.

(c)Abandoned by their families;

Number of Abandoned Children 2014-2015

Male	Female	Total
126	93	219

(d)Living in institutions;

According to the Baseline Survey for Residential Child Care Facilities conducted by the Ministry of Public Service, Labour and Social Welfare with support from UNICEF in 2014 there about 3,977 children living under institutional care in Zimbabwe

(e)Attending regular primary schools;

See table below.

(f)Attending regular secondary schools;

See table below.

(g)Attending special schools;

Enrolment statistics on learners with disabilities

Name Of School	Type Of Challenge	Province	Boarding	Day	Enrolment
Boys	Girls	Total
1. Sharon Cohen Primary	Intellectual Challenge	Harare			59	30	89
2. St. Catherine Primary	Intellectual Challenge	Harare			52	45	97
3. Ruvimbo Primary	Intellectual Challenge	Harare			78	48	126
4. Tinokwirira Primary	Intellectual Challenge	Harare			32	16	48
5. Batsirayi Primary	Intellectual Challenge	Harare			38	24	62
6. Chengetai Primary	Intellectual Challenge	Manicaland			37	23	60
7. Ratidzo Primary	Intellectual Challenge	Masvingo			93	71	164
8. Mudavanhu Primary	Intellectual Challenge	Midlands			29	15	44
9. St. Francis Primary	Intellectual Challenge	Bulawayo			27	45	72
10. Sir Hamphrey Gibbs Primary	Intellectual Challenge	Bulawayo			40	42	82
11. Sibantubanye Primary	Intellectual Challenge	Bulawayo			36	34	70
12. Simanyane Primary	Intellectual Challenge	Bulawayo			23	24	47
13. Rubatsiro Primary	Intellectual Challenge	Mash West			25	24	49
14. H Murray Primary	Hearing Impairment	Masvingo			148	104	252
15. St Giles Primary	Hearing Impairment, Visual Impairment, Physical Handicap	Harare			83	74	157
16. Jairos Jiri Naran Centre Primary	Hearing Impairment	Midlands			109	97	206
17. Emerald hill Secondary	Hearing Impairment	Harare			50	54	104
18. Emerald Hill Primary	Hearing Impairment	Harare			130	142	282
19. Danhiko (Secondary)	Hearing Impairment, physical handicap	Harare			135	138	273
20. K.G 1V Secondary	Hearing Impairment, physical handicap	Bulawayo			49	62	111
21. KG 1V Primary	Hearing Impairment, physical handicap	Bulawayo			93	89	182
22. Riverside Stimulation Primary	physical handicap, Intellectual Challenge	Bulawayo			55	35	80
23. Riverside Colligate Secondary	Intellectual Challenge	Bulawayo			21	10	31
24. Jairos Jiri Kadoma	Visual Impairment	Mash West			80	57	137
25. M. Hugo Copota Primary	Visual Impairment	Masvingo			113	82	195
26. M. Hugo Copota Secondary	Visual Impairment	Masvingo			83	80	163
27. John Slaven Primary	Learning Disabilities	Bulawayo			54	26	80
28. Jairso Jiri Southerton Primary	physical handicap	Harare			88	83	171
29. Jairos Jiri Southerton Secondary	physical handicap	Harare			8	6	14
30. Munyoro Secondary	Hearing Impairment	Manicaland			20	18	38
31. Makwasa Primary	Hearing Impairment	Manicaland			11	22	33
32. Mushumbi Pools Primary	Hearing Impairment	Mashonaland Central			3	7	10
33. Mahuwe Primary	Visual Impairment	Mashonaland Central			6	6	12

(h)Out of school;

A total of 2 , 833 children (1 , 336 boys and 1497 girls) are out of school as indicated in the table below:

Province	Boys	Girls	Total
Harare	81	99	180
Manicaland	157	200	357
Bulawayo	36	53	89
Mat South	33	28	61
Mash West	73	57	130
Masvingo	83	130	213
Mash East	249	248	497
Mat North	414	526	940
Midlands	210	156	366
Total	1 336	1 497	2 833

(i)Living and/or working in the streets.

According to the Baseline Survey for Children Living and Working in the Streets conducted by the Ministry of Public Service, Labour and Social Welfare with support from UNICEF in 2014 approximately 4701 children are living and working on the streets in the country. Of these 71% are males and 29% are females. About 1081 children stay on the streets permanently; with 28% being males and 18% being females.

4.Please provide data, disaggregated inter alia by age, sex, social-economic background, geographical location and ethnic origin, covering the past three years on:

(a)The enrolment and completion rates in percentages of the relevant age groups in pre-primary schools, in primary schools and in secondary schools;

Enrolment statistics

Data for 2012, 2013 and 2014 is presented below

Table 2ECDGER, NER and GPI by Sex and Province, 2014

Province	GER	NER
M	F	Total	GPI	M	F	Total	GPI
Bulawayo	23.48%	23.11%	23.29%	0.98	19.01%	19.30%	19.16%	1.02
Harare	13.58%	13.00%	13.29%	0.96	9.31%	9.06%	9.18%	0.97
Manicaland	50.54%	50.98%	50.76%	1.01	31.05%	31.72%	31.38%	1.02
Mashonaland Central	41.88%	41.45%	41.66%	0.99	23.48%	23.61%	23.55%	1.01
Mashonaland East	41.92%	42.05%	41.99%	1.00	24.70%	25.28%	24.99%	1.02
Mashonaland West	35.33%	35.76%	35.54%	1.01	20.72%	21.62%	21.17%	1.04
Masvingo	50.93%	50.33%	50.63%	0.99	33.26%	34.16%	33.71%	1.03
Matabeleland North	50.28%	51.62%	50.94%	1.03	36.25%	38.14%	37.18%	1.05
Matabeleland South	50.21%	49.44%	49.82%	0.98	31.76%	32.11%	31.93%	1.01
Midlands	38.30%	37.72%	38.01%	0.98	23.09%	23.38%	23.24%	1.01
Grand Total	39.50%	39.29%	39.40%	0.99	24.74%	25.21%	24.98%	1.02

Key : GER- Gross Enrolment Ratio .

NER-Net Enrolment Ratio .

GPI-Gender Parity Index .

Table 3PrimaryGER and NER by Province and Sex, 2014

Province	GER	NER
M	F	T otal	GPI	M	F	T otal	GPI
Bulawayo	109.92%	105.24%	107.50%	0.96	98.41%	96.10%	97.22%	0.98
Harare	85.22%	81.20%	83.15%	0.94	77.32%	75.03%	76.14%	0.97
Manicaland	119.02%	114.73%	116.88%	0.96	99.10%	99.12%	99.11%	1.00
Mashonaland Central	110.59%	108.44%	109.52%	0.98	90.97%	92.51%	91.74%	1.02
Mashonaland East	112.74%	110.19%	111.47%	0.98	93.36%	95.37%	94.36%	1.02
Mashonaland West	114.38%	111.24%	112.82%	0.97	93.32%	94.60%	93.96%	1.01
Masvingo	111.56%	109.84%	110.70%	0.98	93.12%	94.85%	93.98%	1.02
Matabeleland North	113.73%	111.94%	112.84%	0.98	95.23%	96.29%	95.76%	1.01
Matabeleland South	104.94%	103.44%	104.20%	0.99	88.84%	90.68%	89.75%	1.02
Midlands	110.97%	109.21%	110.09%	0.98	92.21%	93.87%	93.04%	1.02
Grand Total	109.41%	106.44%	107.92%	0.97	91.89%	92.51%	92.20%	1.01

Table 4Secondary Form 1-4 NER and GER by Province and Sex, 2014

Province	GER	NER
M	F	T otal	GPI	M	F	T otal	GPI
Bulawayo	84.62%	78.32%	81.17%	0.93	65.51%	62.59%	63.91%	0.96
Harare	56.04%	48.57%	51.97%	0.87	45.15%	40.73%	42.74%	0.90
Manicaland	80.84%	79.68%	80.27%	0.99	54.51%	60.25%	57.31%	1.11
Mashonaland Central	66.92%	67.40%	67.15%	1.01	43.27%	50.76%	46.87%	1.17
Mashonaland East	86.86%	88.64%	87.71%	1.02	61.20%	69.45%	65.16%	1.13
Mashonaland West	79.27%	74.37%	76.86%	0.94	53.63%	57.41%	55.50%	1.07
Masvingo	77.30%	79.99%	78.63%	1.03	51.06%	59.58%	55.26%	1.17
Matabeleland North	58.99%	74.72%	66.61%	1.27	38.73%	54.84%	46.54%	1.42
Matabeleland South	62.67%	78.60%	70.36%	1.25	47.00%	61.43%	53.97%	1.31
Midlands	72.28%	77.57%	74.88%	1.07	48.83%	57.78%	53.23%	1.18
Grand Total	73.15%	73.73%	73.44%	1.01	50.81%	56.66%	53.73%	1.12

Table 5Secondary Form 5-6 GER and NER by Province and Sex, 2014

Province	GER	NER
M	F	T otal	GPI	M	F	T otal	GPI
Bulawayo	17.76%	14.37%	15.83%	0.81	11.11%	9.62%	10.26%	0.87
Harare	13.08%	8.40%	10.36%	0.64	8.96%	6.35%	7.44%	0.71
Manicaland	15.51%	11.79%	13.72%	0.76	8.81%	8.02%	8.43%	0.91
Mashonaland Central	8.63%	6.43%	7.59%	0.75	5.12%	4.64%	4.89%	0.91
Mashonaland East	12.94%	12.21%	12.59%	0.94	8.26%	9.31%	8.76%	1.13
Mashonaland West	11.07%	7.59%	9.36%	0.69	6.47%	5.13%	5.82%	0.79
Masvingo	18.36%	12.14%	15.25%	0.66	9.70%	7.62%	8.66%	0.79
Matabeleland North	6.39%	6.86%	6.61%	1.07	2.78%	3.95%	3.33%	1.42
Matabeleland South	9.49%	11.30%	10.35%	1.19	5.40%	7.07%	6.19%	1.31
Midlands	12.50%	9.22%	10.87%	0.74	7.42%	6.28%	6.86%	0.85
Grand Total	12.88%	9.91%	11.38%	0.77	7.62%	6.82%	7.21%	0.90

Table 6Secondary Form 1-6 GER and NER by Province and Sex, 2014

Province	GER	NER
M	F	T otal	GPI	M	F	T otal	GPI
Bulawayo	60.73%	54.09%	57.04%	0.89	56.52%	50.92%	53.41%	0.90
Harare	41.26%	33.40%	36.88%	0.81	39.13%	32.04%	35.18%	0.82
Manicaland	60.40%	58.75%	59.60%	0.97	55.12%	55.70%	55.40%	1.01
Mashonaland Central	48.13%	48.11%	48.12%	1.00	43.52%	45.94%	44.67%	1.06
Mashonaland East	63.29%	64.69%	63.95%	1.02	58.76%	62.05%	60.33%	1.06
Mashonaland West	57.01%	52.74%	54.91%	0.93	52.30%	50.41%	51.37%	0.96
Masvingo	59.38%	58.96%	59.17%	0.99	53.08%	55.28%	54.17%	1.04
Matabeleland North	42.28%	53.68%	47.77%	1.27	37.45%	49.95%	43.47%	1.33
Matabeleland South	45.33%	57.33%	51.08%	1.26	42.24%	53.87%	47.81%	1.28
Midlands	53.02%	55.31%	54.15%	1.04	48.24%	52.08%	50.13%	1.08
Grand Total	53.68%	52.74%	53.21%	0.98	49.16%	49.98%	49.57%	1.02

Table 7Primary Completion Rate by Sex and Province, 2014

Province	Completion Rate	GPI
M	F	Total
Bulawayo	87.68%	88.14%	87.92%	1.01
Harare	69.10%	66.27%	67.63%	0.96
Manicaland	78.58%	77.36%	77.98%	0.98
Mashonaland Central	71.89%	73.08%	72.48%	1.02
Mashonaland East	83.91%	83.85%	83.88%	1.00
Mashonaland West	78.89%	78.07%	78.49%	0.99
Masvingo	72.14%	76.18%	74.13%	1.06
Matabeleland North	75.96%	82.60%	79.21%	1.09
Matabeleland South	82.38%	84.79%	83.55%	1.03
Midlands	76.17%	80.50%	78.30%	1.06
Grand Total	76.73%	77.78%	77.25%	1.01

Table 8Secondary, Form 4 Completion Rate by Province and Sex, 2004

Province	Completion Rate	GPI
M	F	Total
Bulawayo	70.55%	64.26%	67.04%	0.91
Harare	51.42%	40.89%	45.49%	0.80
Manicaland	76.67%	69.68%	73.29%	0.91
Mashonaland Central	61.78%	56.86%	59.44%	0.92
Mashonaland East	76.20%	76.42%	76.30%	1.00
Mashonaland West	68.77%	57.73%	63.34%	0.84
Masvingo	76.51%	72.18%	74.37%	0.94
Matabeleland North	48.10%	60.67%	54.08%	1.26
Matabeleland South	49.12%	64.62%	56.46%	1.32
Midlands	65.79%	68.52%	67.12%	1.04
Grand Total	66.08%	62.28%	64.19%	0.94

Table 9Secondary, Form 6 Completion Rate by Province and Sex, 2014

Province	Completion Rate	GPI
M	F	Total
Bulawayo	16.68%	13.41%	14.81%	0.80
Harare	12.26%	7.85%	9.68%	0.64
Manicaland	15.67%	11.06%	13.43%	0.71
Mashonaland Central	8.39%	5.93%	7.21%	0.71
Mashonaland East	12.50%	12.01%	12.27%	0.96
Mashonaland West	10.96%	7.38%	9.20%	0.67
Masvingo	17.75%	11.91%	14.80%	0.67
Matabeleland North	6.14%	6.63%	6.37%	1.08
Matabeleland South	9.51%	10.87%	10.15%	1.14
Midlands	12.38%	8.76%	10.55%	0.71
Grand Total	12.54%	9.44%	10.96%	0.75

(b)The number and percentages of dropouts and repetitions;

Table 10Repetition and Dropout Rates by Grade, 2014

	Repetition Rate 2013	Dropout Out 2013
Female	Male	Total	Female	Male	Total
To Grade 2	2.89%	3.52%	3.21%	6.79%	6.84%	6.81%
To Grade 3	1.90%	2.42%	2.16%	2.71%	3.52%	3.12%
To Grade 4	1.46%	1.82%	1.64%	4.43%	5.05%	4.74%
To Grade 5	1.21%	1.57%	1.39%	2.27%	2.87%	2.57%
To Grade 6	1.15%	1.55%	1.35%	1.49%	0.95%	1.22%
To Grade 7	1.50%	2.00%	1.75%	6.18%	7.27%	6.73%
To Form 1	0.85%	1.20%	1.02%	21.16%	22.84%	22.00%
To Form 2	0.21%	0.24%	0.23%	5.69%	4.32%	5.03%
To Form 3	0.33%	0.44%	0.38%	2.34%	-1.68%	0.36%
To Form 4	3.89%	4.58%	4.24%	13.38%	8.32%	10.83%
To Form 5	3.84%	4.26%	4.05%	79.47%	76.31%	77.82%
To Form 6	0.26%	0.46%	2.14%	3.45%	2.56%	21.40%

(c)The teacher-pupil ratio.

Table 11ECD Pupil to Teacher Ratio,2014

Province	Pupil to Teacher Ratio	Pupil to Qualified Teacher Ratio
Bulawayo	22.59	38.68
Harare	25.34	32.17
Manicaland	38.93	126.39
Mashonaland Central	38.40	236.78
Mashonaland East	32.11	95.75
Mashonaland West	38.25	130.45
Masvingo	42.33	106.28
Matabeleland North	31.90	325.76
Matabeleland South	31.43	337.13
Midlands	35.17	86.96
Grand Total	35.29	108.04

Table 12ECD Pupil to Teacher Ratios by Location,2014

Location	PTR	P to QTR
Rural	36	140
Urban	28	41
Grand Total	35	108

Table 13Primary Pupil to Teacher Ratios by Province, 2014

Province	PTR	P to QTR
Bulawayo	33	36
Harare	39	42
Manicaland	35	37
Mashonaland Central	39	49
Mashonaland East	36	40
Mashonaland West	37	43
Masvingo	33	35
Matabeleland North	36	59
Matabeleland South	36	40
Midlands	34	38
Grand Total	36	40

Table 14Primary Pupil to Teacher Ratios by Location 2014

Location	PTR	P to QTR
Rural	36	41
Urban	36	39
Grand Total	36	40

Table 15Secondary Pupil to Teacher Ratios, 2014

Province	PTR	P to QTR
Bulawayo	21	27
Harare	23	28
Manicaland	22	26
Mashonaland Central	24	38
Mashonaland East	23	34
Mashonaland West	24	34
Masvingo	22	30
Matabeleland North	20	30
Matabeleland South	24	32
Midlands	23	31
Grand Total	23	30

Table 16Secondary Pupil to Teacher Ratios by Location,2014

	PTR	P to QTR
Rural	23	31
Urban	23	29
Grand Total	23	30