SAYWHAT applauds the Criminal Laws Amendment (Protection of Children and Young Persons) Act of Zimbabwe
20 September 2024 – Students And Youth Working on reproductive Health Action Team (SAYWHAT) extends its heartfelt commendation to the Government of Zimbabwe for the recent gazetting of the Criminal Laws Amendment (Protection of Children and Young Persons Act, No. 1 of 2024).
This significant legislative step comes in response to the concerns over the age of consent that was at 16 in the Criminal Law (Codification and Reform) Act section 61 that defined a young person as a boy or girl below the age of 16 which was in direction contradiction with the Constitution of Zimbabwe section 81 which makes it clear that a child is anyone below the age of 18. The definition in the CODE was a threat to children 16/17 leaving them unprotected from sexual exploitation by an adult.
Earlier, in the year, we celebrated the Statutory Instrument (SI) 2 of 2024 (Presidential Powers (Temporary Measures) (Criminal Laws (Protection of Children and Young Persons) Regulations, 2024) which raised the age of consent to sex from 16 to 18 years on the 12th of January 2024. Nonetheless, as the Statutory Instrument came with a life span of 181 days by July, we were weary again of the gap regarding the protection and safeguarding of children in our community.
As an organization that largely champions child protection and adolescents’ reproductive health, SAYWHAT made several efforts to ensure the voices and health rights of young people are heard. During the inauguration of the 32nd Junior Parliamentarians at the Harare Institute of Technology on July 2, 2024, SAYWHAT amplified the voices of young people who desired the Criminal Laws Amendment on the age of consent and their protection. https://www.youtube.com/watch?v=I_jlaMn0sxI
SAYWHAT wholeheartedly welcomes this new legislation, and we reaffirm our commitment to complement government initiatives by disseminating information about the Criminal Laws Amendment to children, adolescents, students, parents, and communities. We believe that with this legislation in place, we can expect a significant reduction, if not an outright cessation, of teen pregnancies, child marriages, maternal morbidities and mortalities that has plagued our nation.
SAYWHAT encourages children, adolescents, students, parents and communities to utilize the toll-free 577 to report sexual exploitation and abuse. The toll-free helpline 577 provides a confidential pathway nationwide to report any violence or abuse against young people at no cost. We remain dedicated to collaborating with the Zimbabwe Republic Police Victim Friendly Unit, the Department of Social Development, non-clinical and clinical service providers to ensure children are protected from any harm regardless of their gender, race, disability, health, geography, or any other forms of discrimination.
As we move forward, SAYWHAT calls for the full enforcement of the law against those who exploit and abuse children. Protecting children from harm and ensuring their safety should always be a top priority.
SAYWHAT urges policymakers to continuously make efforts that prioritize the fulfilment of children, adolescents and student health rights. Criminal Laws Amendment Act section 70 part 3 states that where sexual intercourse or an indecent act occurs between children with a maximum age difference of three years, neither party shall be charged unless authorized by the Prosecutor-General after reviewing a report from a probation officer.This section acknowledges that children, adolescents, and students often find themselves in situations where they need reproductive health services. There is need to ensure access to reproductive health services for all to improve the health outcomes of children, adolescents and students.
When we all work together, civil societies, law enforcement officers, policymakers, and communities we can create a safe environment where ALL children are empowered to thrive.
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