Committee on the Rights of the Child: UR Tanzania

Session 068 (2015)

(4 February 2015, CRC/C/TZA/CO/3-5 Advance Unedited Version, Concluding observations on third-fifth report, paras. 6, 35, 36, 71 and 72)

"The Committee recommends that the State party take all necessary measures to address its previous recommendations (CRC/C/TZA/CO/2, 2006) that have not yet been sufficiently implemented and, in particular those related to resources for children (para. 17), birth registration (para. 31), corporal punishment (para. 34), harmful practices (para. 51) and juvenile justice (para. 70).

"The Committee welcomes measures to review the Education Act (Mainland) so as to remove corporal punishment in school settings and move towards abolishment. Nevertheless, the Committee reiterates with concern that corporal punishment, including caning, remains widely practiced. In particular, the Committee notes with serious concern provisions in legislation that condone corporal punishment “for justifiable correction” in schools, provided that it is carried out by the head teacher, or for parents to “discipline provided it does not lead to injury”.

"With reference to the Committee’s general comment No. 13 (2011) on the right of the child to freedom from all forms of violence, the Committee reiterates its previous recommendations (CRC/C/TZA/CO/2, para. 34) and urges the State party to: 

a) repeal or amend, as needed, all legislation to explicitly prohibit corporal punishment as “justifiable” correction or discipline, including provisions contained in the Law of the Child Act (2009) the Children’s Act (2011), the National Education Act (Mainland, 1978), the Zanzibar Education Act (1982), the Corporal Punishment Ordinance 1930, the Minimum Sentences Act 1963, the Sexual Offences (Special Provisions) Act 1998, the Penal Code 1981, and the Criminal Procedure Code 1985 to explicitly prohibit all forms of corporal/physical punishment in all settings; 

b) sensitize and educate parents, guardians and professionals working with and for children, particularly teachers, by carrying out educational campaigns and awareness raising about the harmful impact of corporal punishment; and

c) promote positive, non-violent and participatory forms of child-rearing and discipline in all settings, including through providing training to teachers and parents on alternative discipline measures. 

"The Committee welcomes the State party’s commitment for the reform of the juvenile justice system, and the establishment of the Zanzibar Children’s Court and the Mainland Juvenile Court. The Committee, however, remains concerned that children and their parents/guardians are often unaware of their rights and how to engage in court proceedings. In particular, the Committee is concerned about:  ...

e) the use of corporal punishment as a judicial sanction....

"In the light of its general comment No. 10 (2007) on children’s rights in juvenile justice, the Committee urges the State party to bring its juvenile justice system fully into line with the Convention and other relevant standards. The Committee encourages the State party to: ...

f) abolish corporal punishment as a judicial sanction...."

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Session 042 (2006)

(21 June 2006, CRC/C/TZA/CO/2, Concluding observations on second report, paras. 6, 33, 34 and 70)

"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:

a) 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;

b) 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

c) 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; ..."

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Session 027 (2001)

(9 July 2001, CRC/C/15/Add.156, Concluding observations on initial report, paras. 38, 39 and 67)

"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…."

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