Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home.

Protection from other violence and abuse is given by the Penal Code (1945, amended 1998), the Juvenile Courts Rules (1944, amended 1958) and the Children and Young Persons Ordinance. A Law relating to children is under consideration (2006).

Schools

Corporal punishment is lawful in schools. Pursuant to article 60 of the Education Act (1978), corporal punishment is regulated by the National Corporal Punishment Regulations (1979), produced by the Ministry of Education. Government guidelines in 2000 reduced the number of strokes from six to four and stated that only the heads of schools are allowed to administer the punishment, with penalties for teachers who flout these regulations. In Zanzibar, two “non-corporal punishment pilot schools” have been established under the government’s policy of discouraging corporal punishment.

Penal system

Corporal punishment was abolished under the Minimum Sentences Act of 1972 but brought back in 1989 and is now lawful as a sentence for crime for boys under a number of laws, including the Corporal Punishment Ordinance (1930), the Minimum Sentences Act (1963), the Sexual Offences (Special Provisions) Act (1998), the Penal Code and the Criminal Procedure Code (1985), even though the latter prohibits persons under restraint being subjected to cruel, inhuman or degrading treatment (article 455). The Minimum Sentences Act amends the Corporal Punishment Ordinance (article 12) to allow for administering corporal punishment in instalments. Under article 8 of the Ordinance, juveniles may be given up to 12 strokes (up to 20 for adults) and the punishment may be inflicted in the open courtroom. The Minimum Sentences Act does not apply to females or to juveniles under the age of 16 years (articles 2 and 3).

In Zanzibar, the Children and Young Person Act establishes a special procedure for dealing with offenders under the age of 16 years and states that the treatment of children in conflict with the law must be consistent with the promotion of the child’s sense of dignity and worth. In August 2004, the Attorney General announced the intention of the Zanzibar government to abolish caning as a punishment for crime and stated that amendments would be tabled in the House of Representatives. We have been unable to obtain further information on the progress of this proposal.

Corporal punishment is lawful as a disciplinary measure in penal institutions. Applicable law includes the Prisons Act (1967), which allows the senior prisons officer to punish any prisoner guilty of a major prison offence with a cane (article 33).

Alternative care

There is no prohibition of corporal punishment in alternative care settings. Applicable laws include the Children’s Home (Regulations) Act (1968), the Day Care Centres Act (1981), and the National Guidelines for Care and Protection of Orphans and Vulnerable Children in Institutional Care.

Workplace

No information.

Prevalence research

Research into the use of corporal punishment in schools across the country revealed a high prevalence rate and the strong support of parents in both urban and rural schools: 65% of pupils accepted corporal punishment, 85% of parents. All pupils disliked corporal punishment. Punishments included contorted body positions, frog jumps, push ups, kneeling down, standing in bright sunshine, lying on sand and lifting stones, with most pupils being subjected to more than two types. (“Kuleana study on corporal punishment in primary schools in Mara region”, 1997, reported in initial state party report to the Committee on the Rights of the Child, 1999, CRC/C/8/Add.14/Rev.1, paras.187-194)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee notes with satisfaction that some concerns and recommendations (CRC/C/15/Add.156) made upon the consideration of the State party’s initial report (CRC/C/8/Add.14/Rev.1) have been addressed through legislative measures and policies. However, recommendations regarding, inter alia, legislation, coordination, corporal punishment, child labour and juvenile justice, have not been given sufficient follow-up. The Committee notes that those concerns and recommendations are reiterated in the present document.

“While noting various initiatives undertaken by the State party in campaigning against corporal punishment, including the establishment of two non-corporal punishment pilot schools in Zanzibar, the Committee deeply regrets that corporal punishment is still lawful in schools and in the penal system where. The Committee is further concerned that corporal punishment is lawful in the family and alternative-care institutions.

“Taking into account its general comment No. 1 on the aims of education (CRC/GC/2001/1) and general comment No. 8 on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (CRC/GC/2006/8), the Committee urges the State party:

1. to explicitly prohibit all forms of corporal punishment in the family, schools, the penal system and other institutional settings and alternative-care systems as a matter of priority;
2. to sensitize and educate parents, guardians and professionals working with and for children by carrying out public educational campaigns about the harmful impact of corporal punishment; and
3. to promote positive, non-violent forms of discipline as an alternative to corporal punishment.

“The Committee urges the State party ensure the full implementation of juvenile justice standards, in particular articles 37, paragraph (b), 40 and 39 of the Convention, as well as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), and in the light of the Committee’s day of general discussion on the administration of juvenile justice. In this regards, the Committee recommends that the State party:...

c) prohibit all forms of corporal punishment for persons under the age of 18 years in penal institutions; ...”

(21 June 2006, CRC/C/TZA/CO/2, paras. 6, 33, 34 (a, b and c) and 70 (c))

“The Committee notes with regret that the law does not prohibit the use of corporal punishment as a sentence for children and youth in the juvenile justice system. Concern is also expressed that this type of punishment continues to be practised in schools, families and care institutions.

“The Committee recommends that the State party take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment within the juvenile justice system, schools and care institutions as well as in families. The Committee encourages the State party to intensify its public awareness campaigns to promote positive, participatory, non-violent forms of discipline as an alternative to corporal punishment at all levels of society.

“The Committee recommends that the State party:

e) abolish corporal punishment as a sentence within the juvenile justice system….”
(9 July 2001, CRC/C/15/Add.156, Concluding observations on initial report, paras. 38, 39 and 67 (e))

Human Rights Committee

“The Committee notes with approval the Nyalali Commission’s recommendation to abolish corporal punishment as a judicial sentence; such penalty should also be precluded for offences against prison regulations and children should no longer be subjected to corporal punishment in schools (art.7).”
(18 August 1998, CCPR/C/79/Add.97, Concluding observations on third report, para. 16)