Press Statement on the Day of the African Child -16 June 2006  

Call to End Corporal Punishment and other Forms of Humiliating and Degrading Punishment of Children in Botswana

DITSHWANELO –The Botswana Centre for Human Rights joins the rest of the world in commemorating the Day of the African Child. This year the theme for the Day of the African child is “Ending legalised violence against children”.

In Botswana, corporal punishment is legally sanctioned as a sentence in the penal system and in schools as a disciplinary measure. All countries in the region currently allow for the use of violence against children when committed in the home by the parents for the purposes of correction.

It is not disputed that children require discipline. According to experts on the behaviour of children, discipline which uses punitive measures is the least effective method in developing a sense of responsibility, accountability and the desired change in the future behaviour of a child. There are a number of different methods which are used in developing self-discipline in children. Positive discipline is based on the idea that children learn more through cooperation and reward than through conflict and punishment. It is critical for parents and teachers to be exposed to these more effective methods of discipline.

Corporal and humiliating punishment of children violates children’s human rights to physical integrity and human dignity, as upheld by the United Nations Convention on the Rights of the Child and The African Charter on the Rights and Welfare of the Child. Botswana has committed herself to both of these documents.

Article 19 of the United Nations Convention on the Rights of the child protects children from “all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse while in the care of parents, legal guardians or any other person who has the care of the child”.

The United Nations Committee on the Rights of the Child has interpreted this provision to extend to protection against corporal punishment. The Committee has further stated that the practice of corporal punishment of children is inconsistent with this article. In addition, The United Nations Secretary General’s All Africa Special Report on “Ending legalised violence against children” promotes an end to corporal punishment against children in all spheres of their lives. The children who participate in consultations with DITSHWANELO, repeatedly call for an end to corporal punishment and request us to highlight the harm which this practice has on them.

The African Charter on the Rights and Welfare of the Child also protects children from all forms of physical and mental abuse, thereby prohibiting all forms of corporal and humiliating punishment of children. Article 16 of the Charter provides that “State Parties to the present Charter shall take specific legislative, administrative, social and educational measures to protect the child from all forms of torture, inhuman or degrading treatment and especially physical or mental injury or abuse, neglect or maltreatment including sexual abuse”.

DITSHWANELO believes that children have the right to a life free from all forms of violence, including corporal and humiliating punishment. We take seriously children’s evidence on how corporal punishment and humiliating punishment hurt them and wish to underscore the commitments made by our government to both the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child.

The right of adults to be free from violence is protected by criminal laws, yet children are not afforded the same protection. Further, children’s greater physiological and psychological vulnerability provides us with more reason to protect them against physical and mental violence.

DITSHWANELO calls on our Government to allocate more resources for the development and implementation of educational programmes which are aimed at a positive change of attitude towards children. This includes sharing with parents and teachers positive methods of discipline. Further, state support systems such as guidance and counselling should be strengthened for teachers and children. Children should be seen and treated as having rights and responsibilities because they too are human beings deserving of human rights.

16 June 2006

Gaborone