Lawfulness of corporal punishment

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Corporal punishment is lawful in the home.

Children are protected from abuse and neglect under the Children Act (2003) (which updates the 1996 Children’s Statute), the Constitution (1995) and the Penal Code (amended 1990). The Children Act states that it is the duty of a parent, guardian or any person having custody of a child to "protect children from discrimination, violence, abuse and neglect". Article 24 of the Constitution protects every person from torture, cruel, inhuman or degrading treatment or punishment. Articles 219, 222 and 235-246 of the Penal Code cover bodily harm and assault.

As at November 2006, the Children Act was under review and proposals were expected for prohibition in all settings.

Schools

Corporal punishment is prohibited by Ministerial circular (2006) and in the Guidelines for Universal Primary Education (1998, article 3.4 iii), but not in law.  In Emmanuel Mpondi v Chairman Board of Governors & 2 ORS UHRC 1 (1999-2002) the Human Rights Commission Tribunal ruled that the beating of a student to the point of severe injury violated his right to protection against cruel, inhuman and degrading treatment, based on a 1999 Supreme Court ruling against corporal punishment in the penal system (Kyamanywa v. Uganda, Criminal appeal No. 16), but did not condemn all corporal punishment in schools.

In April 2007, a teacher was heavily fined for using corporal punishment. In the ruling, Magistrate John B. K. Byarugabha stated: “I have been very lenient in my judgment. The crime is unconstitutional and it is illegal. It breaches the rights of human beings; of women, children and men, and it is barbaric.” He said that corporal punishment in school is unlawful and could attract a maximum of seven years in jail (reported in the Daily Monitor, 24 April 2007).

Penal system

Corporal punishment is unlawful as a sentence for crime. A 1999 Supreme Court ruling stated that corporal punishment is prohibited under article 24 of the Constitution (Kyamanywa v. Uganda, Criminal appeal No. 16). The Children Act states that no child (defined as a person below the age of 18 years) shall be subject to penal corporal punishment (article 94(9)). However, as at 2005 legislation was still in the process of being amended and corporal punishment continues to be imposed under the Penal Code. In May 2007, the Magistrates’ Courts (Amendment) Act (2006) was passed, which abolished corporal punishment.

Corporal punishment is unlawful as a disciplinary measure in penal institutions. The Prisons Act (2003, in force May 2006) prohibits corporal punishment. Previously, the Prison Rules allowed up to 12 strokes of the cane as a disciplinary measure for prisoners under the age of 45 years. The conduct of police officers is regulated by the Police Act and the Police Code of Conduct.

Alternative care

There is no prohibition of corporal punishment in other institutions and forms of childcare. Children are protected from other violence and abuse by the Children Act and the Foster Care Regulations.

Workplace

No information.

Prevalence research

A survey of 500 young women in Uganda aged 18-24 years concerning their childhood experiences of violence, undertaken by the Africa Child Policy Forum and published in 2006, found that 94.2% had been subjected to physical violence. Beating with an object was found to be the most prevalent form of physical violence (85.8%). Prevalence figures for other forms of physical violence were 55% for punching, 26.8% kicking, 47.8% hard work, 20.4% being choked/burned/stabbed, 9% having spicy/bitter food put in mouth, 18.2% being locked or tied up, and 52.8% being denied food. Girls were found to be most vulnerable to beating with an object when aged 10-13 years (57.1%), and to being hit/punched when aged 14-17 years (44%). Experiencing the violence more than ten times was more likely in the case of beating than other types of physical violence. Most beating with an object was carried out by male teachers (48.5%), followed by fathers (43.4%) and mothers (42.9%), and in 57.3% of cases medical attention was required. Most hitting/punching was carried out by fathers (22.9%), followed by mothers (17.1%) and brothers (15.6%), with medical attention required in 21.1% of cases. At school, girls were told they were beaten for being late, for misbehaving, or for being disrespectful. At home, the reasons given for beating or hitting included for breaking/losing something, for being disrespectful to their elders, or for not doing housework. (Stavropoulos, J., 2006, Violence Against Girls in Africa: A Retrospective Survey in Ethiopia, Kenya and Uganda, Addis Ababa, The African Child Policy Forum)

In-depth research into children’s experiences of violence against them was carried out in 2005 using a range of methods to look at the stories and opinions of 1,406 children aged 8-18 years (719 girls, 687 boys) and 1,093 adults (520 women, 573 men), including parents, teachers and community leaders, from five diverse districts. This included the administration of 1,000 questionnaires to children (in and out of school), of which 777 were valid returns, and 900 questionnaires to adults, of which 755 were valid returns. Other methods were focus groups, narrative role play, journal writing and interviews. Almost all children (98.3%) reported experiencing physical violence at home and/or school. The most common forms were caning, slapping and pinching, followed by burning, locking up, tying up and other (e.g. kneeling, slashing grass, cleaning latrines), all more common for boys than girls except slapping, pinching and other. Older boys were more likely to experience severe physical violence. Almost one third (31.3%) said they experienced physical violence at least once per week and 15% said it happened “every day”; 38.8% said it occurred mainly at home, 28.6% said mainly at school and 31.8% said both at school and home. Most adults (90%) agreed that in their communities children were deliberately beaten, with 37% saying children in their communities were “frequently mistreated”; 55.1% said “sometimes mistreated”. Most (91.3%) described using a combination of physical and emotional punishment, most commonly caning (78.3%), slapping (45.7%), pinching (42.8%), assigning excessive work (19.3%), and locking children up (11.4%), tying them up (3.4%) and burning them (2.9%). Apart from caning, these figures are significantly lower than those given by the children. Only 1.2% said they themselves never punished children. While 87.9% said they punished children to guide their behaviour, only 32.6% believed the punishment would change the behaviour. 81.7% said they punished their own children and 57.9% said they felt comfortable punishing other children in the community. Of teachers, 80.1% reported punishing their own children and 60.4% their students. Of community leaders, 89.4% punished their own children compared with 22.4% punishing others’ children. (Naker, D., 2005, Violence Against Children – The Voices of Ugandan Children and Adults, Raising Voices/Save the Children in Uganda)

Research carried out by the Mulago Child Health Development Centre showed that mothers were the main enforcers of corporal punishment, and between 55% and 82% of them reported caning, slapping or beating their children. (Cited in Economic and Social Council, 1999, Report submitted by Ms Katarina Tomasevski, Special Rapporteur on the right to education Addendum Mission to Uganda 26 June – 2 July 1999, E/CN.4/2000/6/Add.1)

The initial state party report to the Committee on the Rights of the Child cites research by the Child Law Review Committee which established that of the 129 children who were found guilty and sentenced, 15.5% were caned. (Initial state party report, 1996, CRC/C/3/Add.40, para. 243)

In research by Save the Children UK focusing on deprivation and criminal behaviour, carried out in 2002, 116 children who had been convicted of theft and children at the national rehabilitation centre, aged 10-19 years and 71 parents/guardians were interviewed. The prohibition of caning in the juvenile justice system under the Children’s Statute was perceived as a weakness by 14% of parents. The research confirmed that despite the law, children are tortured and beaten in police stations. 52% of parents said they normally disciplined their children by caning. (Kakama, P.T., 2002, Deprivation of Basic Needs as a Motivator for Criminal Activities among Children, Save the Children UK)

Research reported in 2004 looked at the problem of violence against children in Uganda and found that physical abuse was the most common form. More than nine out of ten children (93.3%) reported having experienced physical violence including caning, slapping and pinching. Of those who experienced physical violence, 16.1% said it occurred at least once a week, 15% said it occurred daily. (Dipak, 2004, “Raising Voices Uganda”, cited in Derib, A., 2005, Regional Report on Physical and Humiliating Punishment Against Children, Save the Children)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“While taking note that corporal punishment is prohibited in schools by a circular of the Ministry of Education, and in the penal system under the Children’s Act, the Committee remains concerned that corporal punishment is still traditionally accepted and widely practised in the family and in other settings.

“The Committee recommends that the State party explicitly prohibit by law all forms of corporal punishment in all settings, including in the family, the schools and alternative childcare, and implement those laws effectively. It also recommends that the State party conduct awareness-raising campaigns to ensure that alternative forms of discipline are used, in a manner consistent with child’s human dignity and in conformity with the Convention, especially article 28, paragraph 2.”
(23 November 2005, Concluding observations on second report, CRC/C/UGA/CO/2, paras. 39 and 40)

“The Committee is concerned at the insufficiency of the measures to combat and prevent ill-treatment and abuse, including sexual abuse of children within the family, and at the lack of information on this matter. The Committee is further concerned that disciplinary measures in some schools and law enforcement institutions often involve corporal punishment, although this is prohibited by law.

“The Committee recommends that special attention be given to the problems of ill-treatment and abuse, including sexual abuse of children within the family and corporal punishment in schools, and stresses the need for information and education campaigns to prevent and combat the use of any form of physical or mental violence against children, in accordance with article 19 of the Convention. The Committee also suggests that comprehensive studies on these problems be initiated in order to understand them better and to facilitate the elaboration of policies and programmes to combat them effectively, including rehabilitation programmes.”
(21 October 1997, CRC/C/15/Add.80, Concluding observations on initial report, paras. 15 and 35)

Human Rights Committee

“The Committee welcomes the ruling of the Supreme Court in Kyawanywa v. the Attorney-General, declaring corporal punishment as unconstitutional.

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

“The State party should terminate practices contrary to article 7 and bring prison conditions into line with article 10 of the Covenant and the United Nations Standard Minimum Rules for the Treatment of Prisoners. It should also take immediate action to reduce overcrowding in prisons as well as the number of persons detained on remand.”
(4 May 2004, CCPR/CO/80/UGA, Concluding observations on initial report, paras. 5 and 18)

Committee Against Torture

“The Committee notes with satisfaction the following positive developments:

b) the abolition of corporal punishment following Criminal Appeal No. 16 of 1999 (Supreme Court) Kyamanywa vs. Uganda….
(May 2005, CAT/CO/34/UGA, Concluding observations on initial report, Advanced unedited version, para. 3 (b))