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INDICATORS FOR CHILDREN'S RIGHTS ZIMBABWE COUNTRY CASE STUDY INVIOLATA CHINYANGARA, ISRAEL CHOKUWENGA, ROSELYN G. DETE, LINDA DUBE, JOSHUA KEMBO, PRECIOUS MOYO & RATIDZAI SHARON NKOMO |
Introduction
This Report is an account of the process and findings of the Zimbabwe Country Case Study. As part of the Childwatch International Indicators for Children's Rights Project the Case Study examined existing data on children in the country with the aim of discovering their potential for developing a national system for monitoring children's rights. In this process, the Case Study Team collaborated with government agencies, non-governmental organizations and academics. The Report does not seek to provide an account of the situation of children's rights in Zimbabwe, nor a situational analysis of the current conditions of children's lives. It is better to think of it as a description of the state of the data on children, using as its framework of analysis the two main human rights instruments pertaining to children in Africa.
The international context of children's rights
Although children's rights have been on the international agenda since shortly after the First World War, it is only since the United Nations International Year of the Child in 1979 that legally-binding treaties have been drawn up between nations, providing specific rights for children as a special group of human beings. The Convention on the Rights of the Child, which was adopted by the General Assembly of the United Nations in 1989, makes it clear that children are independent subjects and have rights (Hart, 1992:6). The African Charter on the Rights and Welfare of the Child, which was adopted by the Organization of African Unity in 1990, insists that children have duties as well as rights. These two international legal instruments are the basis of the Childwatch International Indicators for Children's Rights Project in Zimbabwe, and increasingly provide the framework through which children and their welfare are increasingly viewed in all African nations.
The Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child is internationally binding legislation that was swiftly ratified by most member states. Zimbabwe ratified September 1990.
The main challenge of the Convention on the Rights of the Child is implementation. It was relatively easy for governments to sign the Convention, but it is a less simple matter to ensure that children enjoy all the rights provided by this treaty, let alone monitor its implementation.
The African Charter on the Rights and Welfare of the Child
The African Charter on the Rights and Welfare of the Child was born out of the feeling by African member states to the United Nations that the drafting of the Convention on the Rights of the Child missed important socio-cultural and economic realities of the African experience. However, the African Charter on the Rights and Welfare of the Child is not opposed to the United Nations Convention on the Rights of the Child. Instead these two pieces of legislation are complementary. The African Charter stresses on the need to include African cultural values and experience whenever discussing or considering issues pertaining to the rights of the child in Africa.
The African Charter on the Rights and Welfare of the Child was adopted by the Assembly of Heads of States and Government of the Organization of African Unity in 1990. Zimbabwe signed this Charter in January, 1992. The African Charter is not yet in force because it has not been ratified by the necessary 15 Member States of the Organization of African Unity, although as we write this report only two ratifications are required for it to come into force.
In June 1996 the Preliminary Report of the Government of Zimbabwe to the Committee on the Rights of the Child was examined (CRC/15Add. 55, 7 June 1996). While the overall comments from the Committee noted progressive achievement towards fulfilment of the requirements of the Convention on the Rights of the Child, a number of concerns were expressed, amongst which was the need to develop a system to monitor implementation of the Convention through the collection and analysis of reliable qualitative and quantitative data:
The Committee notes with concern the lack of an effective mechanism to ensure systematic implementation of the Convention and the monitoring of progress achieved. Insufficient measures have been taken to gather reliable quantitative and qualitative data in all areas covered by the Convention and in relation to all groups of children, particularly those belonging to the most disadvantaged groups (ibid, para 14).
The Committee emphasized 'the importance of developing an affective and permanent system of monitoring the implementation of the Convention based on close co-operation between all the relevant government ministries and departments at the national and local levels' (ibid, para 24) and suggested that 'the system of data collection be improved and appropriate disaggregated indicators identified with a view to assessing the progress achieved in all areas covered by the Convention in all parts of the country in relation to all groups of children' (ibid, para 24).
These comments by the Committee on the Rights of the Child identify the following needs:
Developments towards systematic monitoring of the implementation of the Convention
In 1992 the Committee on the Rights of the Child appealed to the United Nations system, non-governmental organizations (NGOs) and the research community for assistance in setting up pilot researches in various countries across the globe to appraise the possibility of establishing monitoring systems. In response to this need, Childwatch International (CWI) designed a project that is developing a universal process for identifying and developing indicators in national contexts, as part of a strategy for developing routine children's rights monitoring systems. The Country Case Study in Zimbabwe, funded by Redd Barna-Zimbabwe, is the fifth in the series of eight country case studies, which began in 1994 and will end in 1998.
The Childwatch International Indicators for Children's Rights project has six main operational principles:
Aims of the Zimbabwe Country Case Study Project
In June 1996, Childwatch International commissioned a Country Case Study to examine existing data on children in Zimbabwe in order to assess their potential for developing indicators for children's rights, with the overall aim of contributing to the development of a routine system for monitoring children's rights in Zimbabwe.
The aims of the Zimbabwe Country Case Study Project are:
A further, long-term aim of the project is to contribute to capacity building within child research and child welfare, and monitoring children's rights in Zimbabwe. Users of the monitoring system are likely to be community workers, children's advocates, government administrators, local and international NGOs, inter-governmental organizations such as UNICEF, and the United Nations Committee on the Rights of the Child.
A specific aim in Zimbabwe is to seek ways of strengthening the National Program of Action for Children (NPA), located in the Ministry of Health and Child Welfare, which is associated with a network that has the potential to act as a watchdog for children's rights and welfare in the country.
The basic purpose of this Report is to provide information about the data available on children in Zimbabwe, and thus to fulfil some of the main aims of the Zimbabwe Country Case Study Project. Thus the Report:
Establishing the project in Zimbabwe
One key initial undertaking in setting up the project was the establishment of the Country Case Study Team and a National Advisory Committee. The Team consisted of Zimbabwean scholars, each of whom has at least a first degree in an appropriate discipline. It was managed by a National Coordinator, in collaboration with the International Coordinator of the Childwatch Indicators for Children's Rights Project. The National Advisory Committee includes representation from the funding agency (Redd Barna - Zimbabwe), government agencies whose main area of work includes children's issues, local and international NGOs, and academic institutions. The tasks of the National Advisory Committee are:
This report is based on a Protocol for collecting secondary data on children in Zimbabwe that was developed by the National Advisory Committee, together with the Country Case Study Team and the International Coordinator (For the Protocol document see Appendix 1). The process of building up the protocol document followed the process established by Childwatch International in previous Country Case Studies in Senegal, Vietnam, Thailand and Nicaragua (Ennew & Miljeteig, 1996).
The process began with a workshop that familiarized Zimbabwean professionals in the areas of child welfare with the Convention on the Rights of the Child as well as the African Charter on the Rights and Welfare of the Child through critical readings of both instruments. Several problems common to both instruments were identified, of which the most important were the definition of 'child' in different cultural contexts, the meaning of 'participation' and the meaning of the phrase 'the best interests of the child'. In addition, this workshop introduced the professionals to the concepts of indicator development in the context of establishing a monitoring system based on regrouping the articles of both the Convention and the African Charter.
The Protocol was developed during a further workshop, in which the Country Case Study Team members were joined by several of the members of the National Advisory Committee. The first task was to finish the process of regrouping articles begun in the first workshop. The Convention on the Rights of the Child contains 40 articles that can be monitored. It is initially tempting to think of finding an indicator for each article, but this would be the least realistic approach. Many of the articles cover broad areas, such as health and economic exploitation, which require more than one indicator, and some articles have overlapping concerns, for which indicators might be shared. Thus it makes more sense to construct systems of linked indicators based on regroupments, or clusters, of related articles. These structured groups can produce a nation-wide monitoring system, as well as a system to monitor implementation of the Convention at the local or grassroots level.
The articles were regrouped according to the range of phenomena they cover in both general and specific social and culture contexts, and corresponding operational concepts were then developed. These concepts then led to the development of a list of data that would be appropriate data for measurement and could thus form the basis of an indicator system. Regrouping is based on the understanding that the interpretation of the Convention in any social and cultural context will vary, just as ideas about children and childhood differ between cultures and societies. Thus the key question for regrouping was 'How might the articles be structured into groups in order to best reflect Zimbabwean national realities?' The participants in the workshops answered this question through considering the inter-relatedness of articles, as well as the complementary relationship between the UN Convention on the Rights of the Child and the OAU African Charter on the Rights and Welfare of the African Child.
Some other Country Case Studies, like some of the more commonly-used regroupings or clusterings of the articles of the Convention, have identified certain articles as general principles that govern the interpretation of all other articles. Thus the Senegal Country Case Study largely followed a similar clustering to that identified by many Northern experts, in which Articles are identified as belonging within one of three broad groupings: Provision, Protection and Participation, all of which are governed by overall principles, such as the definition of a child or non-discrimination.
In the Zimbabwe Country Case Study, on the other hand, the regrouping followed from a consideration of national realities and pre-occupations, in the context of what might broadly be called African contexts. Thus a primary consideration was that encompassed by the first group, in which the relationship between children and parents in Zimbabwean society is problematized, in order to capture the realities of the ways in which childhoods are experienced. These are likely to be different from the nuclear family structures implicit in the Convention, and to require a reconsideration of the definitions of parent as well as understanding the different texture of child-parent relationships in which children have responsibilities as well as rights (see Article 31 of the African Charter). Other regroupings in the Zimbabwean Protocol, like the African Charter, cluster the Articles of the Convention around problems affecting children with particular force in African contexts at the present time. The main groups are thus:
Within each of these main groups, sub-groups of articles were identified, taking into consideration the considerable overlap involved in some cases (Figure 1). This was in order to be able to establish the fundamental concepts within each group and thus establish the data that would be relevant for operational measurement within a monitoring system. On this basis a Protocol for searching the current data on children in Zimbabwe was drawn up by the Country Case Study Team and National Advisory Committee together (Appendix 1). Data collection consisted largely of researching existing data on children, but also included interviewing some key individuals responsible for collecting and/or publishing this information.
In analyzing the data they collected, the Country Case Study Team members had to:
The methods used in the original data collection and analysis;
Children-centredness in the data;
Disaggregation in the data;
This Report follows the structure of the regrouping and Protocol document, but does not examine all the subgroups. This is partly because of the scarcity of data in some areas, which speaks for itself in terms of the need for new and better data. However, an in-depth consideration of certain subgroup themes enables us to focus on particular issues raised in the analysis of the information we collected, in terms of the underlying assumptions involved in data collection by the responsible agencies, as well as the quality and availability of the data themselves. Thus, although the Report is structured around the main groups or clusters each chapter examines a selection of data only, in order to highlight particular themes that we considered of greatest importance when examining the potential of the data for developing a monitoring system for children's rights.
Chapter 1 begins the Report by describing some dominant themes, which run through or affect all the data we collected. Thus, instead of identifying general principles in the Convention through which to structure the Report, the Team has identified general issues within the data themselves, so that the structure is determined 'from the bottom up', according to the way childhood and children are conceptualized within Zimbabwe, and the corresponding ways in which data about children are produced.
The Report then considers each main group in turn, focusing on particular data sets, and pointing to the inter-relationships between them. This is followed by a district level case study, which examines the mechanisms for data collection at grass-roots level. The final chapter examines the consequences of the foregoing discussion for establishing a national system for monitoring children's rights.
Figure 1: The regrouping of the Articles of the Convention on the Rights of the Child in Zimbabwe
| GROUP | SUB-GROUP | ARTICLES |
| Children-parent relationships | States' respect for parental responsibility; Children are not to be separated from their parent(s) against their will; Right to leave the state for reunion; Freedom of thought, conscience and religion; Right to an adequate standard of living; Registration after birth; Interference with privacy; Education for development. | 5, 7, 9,10, 14, 16, 18, 27, 29, |
| Social and economic deprivation | Social security; economic exploitation. | 4, 26, 32-4 |
| Protection and survival | Definition of a child; Preservation of dignity; Child abuse and neglect; Displaced and refugee children; Basic needs; Discrimination; Economic exploitation. | 1, 2, 3, 6, 8, 11, 16, 19, 20, 22, 24, 25, 27, 28, 30, 32, 33, 34, 35 |
| Juvenile justice, rehabilitation and implementation | Legislation on juvenile justice; Identity; Primary health care; Available resources; Re-education; Economic exploitation. | 1, 4, 8, 9, 11, 17, 20, 23, 24, 25, 28, 32, 28, 30, 35, 37, 38, 39, 40 |
| Education and development | Provision of health care services and rehabilitation; Education system; Information; Standard of living; Drug abuse and trafficking. | 17, 18, 23, 24, 27, 28, 29, 33 |
| Monitoring and reporting | 43-54 |