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Ivan Zhakata, Herald Correspondent
The Zimbabwe Human Rights Commission (ZHRC) has commended the Government for overseeing the enactment of the Criminal Laws Amendment (Protection of Children and Young Persons) Act, 2024.
ZHRC believes the new legislation is the country’s collective effort to create a safer and more just society for children in Zimbabwe with specific reference to protection from sexual exploitation.
The amendment enhances legal protection and combats the sexual exploitation of children in Zimbabwe in several ways.
In a statement, the Commission noted that the Act criminalises sexual intercourse and indecent acts with children aged 12 to 18, regardless of consent thereby aligning the criminal code with the Constitution as well as the United Nations Convention on the Rights of the Child and other regional and international human rights instruments.
“Without this amendment, there were legislative gaps in the Criminal Code notably that 16 to 18-year-olds were treated differently regarding sexual offences, providing lesser protection compared to those under 16,” reads the statement.
“Furthermore, the amendments to the Criminal Procedure and Evidence Act introduce more inclusive alternative methods for children and other witnesses who cannot communicate verbally to give evidence in court. These methods encompass written statements, sign language, and other augmentative and alternative communication techniques, enabling such witnesses to provide evidence without a court appearance.
“Additionally, the imposition of more severe penalties for offenders and accomplices acts as a strong deterrent against crimes involving children. The Act explicitly defines a child as anyone under the age of 18, ensuring comprehensive coverage that promotes the overall health and well-being of minors by safeguarding them from sexual exploitation.”
The Commission said by addressing the sexual exploitation of children, the Act goes a long way to prevent situations that undermine children’s education and development considering the high statistics of teenage pregnancies, child marriages and school dropouts.
It has also urged all stakeholders, including State institutions, civil society organisations, and the general public to raise awareness and understanding of this new legislation.
“Communities must be informed about the protection mechanisms now available to children and young persons so that they are empowered to support the enforcement of these measures,” reads the statement.
“Moreover, it is crucial to implement educational programmes and awareness campaigns to highlight these important legal changes. Involving the community and engaging various stakeholders, including parents, teachers, and healthcare professionals, is essential for creating a supportive environment that prioritises the rights and well-being of minors.
“The ZHRC calls on law enforcement agencies and the judiciary to enforce the Act’s provisions without fear or favour. Protecting children from sexual offences and exploitation must be prioritised, and offenders held accountable in accordance with the law.”
The Commission said the case of pupils reportedly failing to write Grade Seven examinations at Monozi Primary School in Mbire district after falling pregnant and due to early marriages required urgent attention from police and all relevant stakeholders.
It said perpetrators of such sexual abuse and exploitation cases must be brought to book.
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