Committee on the Rights of the Child: Zambia

Session 071 (2016)

(29 January 2016, CRC/C/ZMB/CO/2-4 Advance Unedited Version, Concluding observations on second-fourth report, paras. 33 and 34)

“The Committee notes with appreciation that the State party has outlawed corporal punishment in schools and in the prison system, and that it has carried out a number of awareness-raising activities. However, the Committee is concerned that corporal punishment is not expressly prohibited, that the Juveniles Act allows for the administration of lawful punishment and that it is still practised in the family setting.

“In the light of its general comment No. 8 (2006) on corporal punishment, the Committee recommends that the State party ensure the full implementation of the Criminal Procedure Code (Amendment) Act No.9 and Education Act No. 23 and that it explicitly prohibit by law all forms of violence against children, including corporal punishment, in all settings, including in the family. The Committee further recommends that the State party repeal the ‘right to administer lawful punishment’ in the Juveniles Act, and intensify its awareness-raising campaigns in order to promote the use of alternative forms of discipline at all levels of society."

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Session 033 (2003)

(2 July 2003, CRC/C/15/Add.206, Concluding observations on initial report, paras. 30, 31, 32 and 33)

"The Committee notes that the Constitutional Court outlawed the practice of corporal punishment (John Banda v. the People, HPA/6/1998) but remains concerned that corporal punishment is still practised and accepted in schools, families, and care and juvenile detention institutions.

"The Committee recommends that the State party take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment, in schools and care institutions, as well as in families. The Committee encourages the State party to reinforce 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 is deeply concerned about allegations of instances of ill-treatment by law enforcement officers against street children and children in custody in police stations and other detention centres, despite the circular of 27 December 1999 ordering prison authorities to stop the practice of caning.

"The Committee recommends that the State party:

a) set up child-sensitive mechanisms to receive complaints against law enforcement officers regarding illtreatment during arrest, questioning and police custody, and make sure that perpetrators are brought to justice;

b) systematically train the police force and prison staff and other authorities on the human rights of children; and

c) ensure the physical and psychological recovery and social reintegration of child victims of such ill-treatment."

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