Child abuse in Tanzania

Registered Charity no. 1132203

February 2015

"Safety and security don't just happen; they are the result of
collec ve consensus and public investment. We owe our children, the most vulnerable ci zens in our society, a life free of
violence and fear."
Nelson Mandela, former president of South Africa.

Acronyms
ACRWC

African Charter on the Rights and Welfare of the Child

ADB

African Development Bank

CEDAW

UN Conven!on on the Elimina!on of Discrimina!on against Women

CPS

Child Protec!on System

CRC

Conven!on on the Rights of the Child

DHS

Demographic Health Survey

ELCT

Evangelical Lutheran Church in Tanzania

FGM Female genital mu!la!on/cu+ng

HDI

Human Development Index

HDT

Human Development Trust

IAC

Inter-African Commi/ee on Tradi!onal Prac!ces Aec!ng the Health of Women and Children

LHRC

Legal and Human Rights Centre (Tanzania)

NGO

Non-Governmental Organisa!on

PTSD

Post-Trauma!c Stress Disorder

TAWJA

Tanzanian Women Judges Associa!on

UDHR

Universal Declara!on of Human Rights

UNESCO

UN Educa!onal, Scien!c and Cultural Organiza!on

UNFPA

UN Popula!on Fund

UNGA

UN General Assembly

UNHRC

UN Human Rights Commi/ee

UNICEF

UN Children Fund

VAC Survey Violence against Children Survey

WHO

World Health Organisa!on

Execu1ve Summary
Child abuse, otherwise known as child maltreatment, includes all forms of physical and emo onal ill
-treatment, sexual abuse, neglect and exploita on that results in actual or poten al harm to a childs
health, development or dignity by someone in a posi on of responsibility, trust or power (WHO, 1999).
Recent evidence suggests that children in Tanzania are par cularly at risk. The 2009 Violence Against
Children (VAC) Survey revealed that one in three Tanzanian girls, and one in seven Tanzanian boys,
reported experiencing at least one incident of sexual violence before turning 18, and almost three-quarters
of both boys and girls reported experiencing physical violence by an adult prior to turning 18 (UNICEF,
2011a). In addi on, 15% of women have undergone Female Genital Mu la on (FGM) in Tanzania and, on
average, almost two out of ve girls will be married before they turn 18 (UNFPA, 2012).
In order to combat child abuse in Tanzania, specically within the Maasai and Pare communi es,
Childreach Tanzania conducted a needs assessment to assess the status of child protec on in Ruvu in the
Same District in northern Tanzania, to inform the design of an interven on that would provide a las ng
solu on to the problem of abuse, violence and exploita on of children in Ruvu. The research revealed that
the current child protec on system was seriously awed, and educa on and health services in the community were insucient. The Maasai and Pare children surveyed were aware that FGM (66.6%),
early marriage (60.8%) and sexual violence (54.4%) were all issues aec ng their community.

Table of Contents
1. Introduc1on

2. Background

3. Child abuse in Tanzania

- Female Genital Mu!la!on

- Early Marriage and Early Pregnancy
- Sexual, physical and emo!onal violence

4-7
7-10
10-12

4. Research ndings

13

5. Recommenda1ons

19

References

20

Geography of Tanzania

Tanzania has more than 120 ethnic groups or tribes

with a range of cultural prac ces

Divided into 30 administra ve regimes: ve on the semi

-autonomous islands of Zanzibar.

Popula on of 47.78 million, 45% of whom are under the

age of 14.

Tanzania is one of the worlds poorest countries; ranked

152nd on the Human Development Index.

28.2% of the popula on live below the na onal poverty

line (World Bank, 2012).

Unequal access to resources between the genders, with

secondary school enrolment far lower for girls.

1. Introduc1on
Abused children are at increased risk of behavioural, physical and mental health problems.
All children have the right to be protected, and governments are responsible for implemen ng
measures and structures to prevent and respond to cases of abuse, neglect and violence against children.
One in ve women, and one in thirteen men, report having been sexually abused as a child, while between
a quarter and half of all children report being physically abused at some point in their lives.
What is child abuse?
Otherwise referred to as child maltreatment, child abuse includes all forms of physical and
emo onal ill-treatment, sexual abuse, neglect and exploita on that results in actual or poten al harm to a
childs health, development or dignity by someone in a posi on of responsibility, trust or power (WHO,
1999). Child abuse has long-been recorded in literature, art and science, with reports of infan cide,
mu la on, abandonment and other forms of violence against children da ng back to ancient civiliza on.
Sustained abuse can have serious long-term eects on children, including disrup on to early brain
development, impaired development of the nervous and immune systems and, as adults, maltreated
children are at increased risk of behavioural, physical and mental health problems such as depression and
alcohol and drug misuse. Violence against children is a serious social and public health issue. No country is
immune, whether rich or poor.
Level of child abuse in Tanzania
Country records show shocking levels of child abuse in Tanzania, and according to the Violence
Against Children (VAC) Survey published in 2011, Tanzanian children commonly face sexual, physical and
emo onal abuse in their everyday lives. Nearly three out of ten girls surveyed reported experiencing at
least one incident of sexual violence, while approximately one-quarter of girls and nearly three out of every
10 boys reported experiencing emo onal violence.
Pastoral children are at par cular risk, with FGM being commonly prac sed by pastoralists (28 Too
Many, 2013). Unfortunately, there is liIle data and informa on regarding violence against children within
the Pare and Maasai tribes, and so much of the informa on in this report regarding child abuse within the
two tribes is highly dependent on research collected by Childreach Tanzania in 2013 in northern Tanzania.

Aims of the report

1.
Examine the prevalence of child abuse in Tanzania, with special focus on the Maasai and Pare tribes
in the north of the United Republic of Tanzania, highligh ng physical, sexual and emo onal abuse;
FGM and early marriage and pregnancy.
2.
Discuss current literature on FGM, early marriage and early pregnancy, and physical, sexual and
emo onal violence against children in Tanzania.
3.
Highlight the research into child abuse and the child protec on system in Ruvu Ward, northern
Tanzania conducted by Childreach Tanzania in July 2013.
4.
Provide recommenda ons to the government of Tanzania about how to beIer combat the forms of
child abuse outlined in this report.

2. Background
Tanzanian children commonly face sexual, physical and emo onal abuse in their everyday lives.
Child rights in Tanzania
Tanzania has ra ed and acceded to a number of interna onal legal mechanisms which seek to
protect children from abuse and exploita on. The predominant legisla on is the UN Conven on on the
Rights of the Child, which Tanzania ra ed in 1991. The Conven on has 54 ar cles that cover all aspects of
a childs life and set out the civil, poli cal, economic, social and cultural rights that all children everywhere
are en tled to. It outlines how adults and governments must work together to make sure all children can
enjoy all their rights.
Domes cally, in 2009, Tanzania passed the Law of the Child Act, which eec vely domes cates the
UN Conven on on the Rights of the Child and provides a legal framework through which the rights of the
countrys children can be protected and realised. By ra fying the UN Conven on, and through enac ng the
Law of the Child Act, Tanzania is obligated to ensure that childrens rights are protected throughout the
country.
The Maasai
The Maasai people are an ethnic group of semi-nomadic people residing in Kenya and northern
Tanzania with a recorded popula on of 430,000 in 1993. They are primarily pastoralists, which mean their
lifestyle is based upon the care, tending and use of animals such as camels, goats, sheep and caIle
(UNESCO/ADB, 2005). Pastoralism generally has a mobile aspect, whereby families move their herds and
families in search of pasture and water. CaIle plays a huge role in Maasai life; they depend on them for
meat, milk and blood the main components of their diet as well as for currency; the measure of a mans
wealth is in terms of the size of his herd.
Unlike the Maasai in Kenya, the Maasai in Tanzania abide by a far more tradi onal way of life,
despite the Tanzanian governments eorts to encourage the Maasai to abandon their semi-nomadic
lifestyle (Coast, 2006). The strength of the Maasai culture means they are resistant to change, especially
with regards to tradi ons such as FGM and early marriage, which are deeply ingrained in their cultural
beliefs. Maasai society, like many tradi onal socie es, is highly patriarchal in nature with elder men,
some mes joined by re red elders, deciding major maIers for each Maasai group (Coast, 2007). Children
and wives are considered as property by Maasai men, and during their childhood, boys are expected to play
while girls are responsible for chores such as cooking and milking (Amin et. al, 2005).
The Pare
The Pare are an ethnic group indigenous to the Pare Mountains of northern Tanzania, part of the
Kilimanjaro region, and are considered to be one of the major ethnic groups in Tanzania with a popula on
of approximately 699,000 (28 Too Many, 2013). Irrigated agriculture is their primary livelihood while caIle
con nue to be an important store of value and a medium of exchange, and occupy a central place in the
symbolic system (Porter, 2004; 28 Too Many, 2013).
They, like the Maasai, see caIle as a symbol of status and caIle play an important role in the
provision of bride wealth which remains unques oned and is considered to be an important part of the
marriage contract (28 Too Many, 2013). Pare women tradi onally carry out du es associated with the
female domain such as cooking, washing and looking aOer cows. Similarly to the Maasai, women and
children are considered as property and women and girls especially are seen as having a low social status.
For example, women are excluded from inheri ng land, with land being equally divided between sons
(Hollos, 2002).

3. Child Abuse
Child abuse refers to all forms of physical and emo onal ill-treatment,
sexual abuse, neglect and exploita on that results in actual or poten al harm to a childs health,
development or dignity. It incorporates acts such as rape, forced pros tu on, withholding food and water,
and abandonment. Child maltreatment is a global problem with serious life-long consequences. This report
will focus solely on FGM, early marriage and early pregnancy, sexual, physical and emo onal violence, lack
of birth registra on and a lack of fullment of the right to educa on.

Female Genital Mu la on (FGM)

The World Health Organisa on (WHO) denes FGM as all procedures that involve par al or total
removal of the external female genitalia, or other injury to the female genital organs for non-medical
reasons. It is es mated that around 125 million girls and women in Africa and the Middle East have
undergone the procedure (UNICEF, 2013), with the WHO es ma ng that in Africa alone, three million girls
are at risk every year (NY Times, 2012).

Countries where
over 80% of girls
and women have
undergone FGM
Countries where
between 25% and
80% of girls and
women have
undergone FGM
Countries where
less than 25% of
women have
undergone FGM

It is almost always performed on children

The four types of FGM:
under the age of 15 who cannot give informed
consent to such a harmful prac ce (UNICEF, 2005a). Type 1: Removal of clitoris and clitoral hood
A recent UNICEF Survey revealed that in over half of
29 countries under inves ga on, the majority of girls Type 2: Excision removal of clitoris and inner labia
were cut before they turned ve, while the rest
underwent the procedure between the ages of ve Type 3: Removal of all or part of the inner and
and 14 (UNICEF 2013). FGM is interna onally outer labia and usually the clitoris, and the fusion of
recognised as a major human rights viola on that the wound. A small hole is leC for the passage of
cons tutes an extreme form of violence and urine and menstrual blood and the wound is
discrimina on against women. It has been
opened for intercourse and childbirth
condemned by numerous interna onal legal
mechanisms including the UN Conven on Elimina ng Type 4: Miscellaneous procedures such as
All Forms of Discrimina on Against Women which
symbolic piercing, cauteriza!on and the cu+ng into
calls upon States par es to modify the social and
cultural pa'erns of conduct of men and women, with the vagina to widen it
a view to achieving the elimina on of prejudices and customary and all other prac ces which are based on
the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and
women. This undoubtedly includes FGM. Addi onally, Ar cle 24.3 of the UN Conven on on the Rights of
the Child, calls upon states to take all eec ve and appropriate measures with a view to abolishing
tradi onal prac ces prejudicial to the health of children.
FGM is incredibly dangerous. It interferes with the natural func on of girls and womens bodies
and is harmful to their psychological, sexual and reproduc ve health. Those who undergo the procedure
are at serious risk of death due to blood loss and haemorrhaging, and immediate complica ons include
excrucia ng pain, shock, urine reten on, ulcera on of the genitals and injury to adjacent ssue (UNICEF,
2005a). In addi on, where unsterile instruments have been used, the risk of infec ons such as hepa s and
HIV is high. Long-term damage includes the forma on of scars and keloids which can lead to
strictures, obstruc on or stula forma on of the urinary and genital tracts.
FGM in Tanzania
Ar cle 13 of Tanzanias Law of the Child Act (2009) calls upon ci zens to ensure that no child is
subjected to torture or any treatment that is cruel, inhuman or degrading. This includes cultural prac ces
such as FGM, which dehumanises or is injurious to the physical and mental well-being of a child. The
Sexual Oences (Special Provisions) Act, a 1998 amendment to the Penal Code, specically prohibits FGM
when carried out on minors. Sec on 21 of the Penal Code criminalises FGM on anyone under the age of 18,
while Sec on 169A (1) of the Act provides that anyone having custody, charge or care of a girl under 18
who causes her to undergo the procedure commits the oence of cruelty to children. The penalty for this
oence is up to 15 years imprisonment, a ne of 300,000 Tanzanian shillings (just over $160,000), or both.
A UNICEF 2013 report on FGM reported that in Mali and Tanzania, 7.9 million girls and women
have undergone FGM, with an es mated 15% of women and girls between 15 and 49 in Tanzania
having undergone the procedure (UNICEF, 2013 ). The report revealed that all the women who had
undergone the procedure had been cut by a tradi onal prac oner, known as a ngariba, who oOen have
no or very liIle medical training. Women aged 45 to 49 in Tanzania are approximately three mes more
likely to have been cut than girls aged 15 to 19. This suggests an overall decline in the use of FGM in
Tanzania. Ninety-eight per cent of mothers whose daughters had undergone the procedure reported that
their daughters had been cut, with esh removed (Type 1/2); 2% had their genital sown closed (Type 3);
and 1% had their esh cut with no esh removed or nicked (Type 4) (UNICEF, 2013).

ATtudes towards FGM were revealed to be quite nega ve among the Tanzanian popula on
ques oned. The aforemen oned UNICEF Study, revealed that 92% of the girls and women they spoke to
believed that the procedure should be stopped immediately, with 85% of boys believing it should be
stopped with immediate eect (UNICEF, 2013). Twelve percent of girls and women were considered to be

reluctant adherents, meaning that they pursued FGM but it was not en rely by choice. This suggests that
part of the reason for the con nua on of FGM is due to a lack of social change (UNICEF, 2013).
Educa on appeared to have quite a signicant impact on respondents perspec ves on FGM. Girls and
women with no educa on were 7% more likely to support the procedure than women who had primary
educa on (UNICEF, 2013). Daughters of uneducated mothers were also more likely to have undergone the
procedure than daughters of mothers who had at least primary educa on.
In Tanzania, FGM is considered by many to be a rite of passage into adulthood - an integral part of
becoming a woman. It is derived from varied and complex belief systems and rituals surrounding womens
fer lity and control of their sexuality in tradi onal male dominated socie es. The reasons given by
communi es which regularly prac ce FGM vary widely but commonly cited reasons include that it reduces
the sexual desire of girls and women; promotes virginity and chas ty; maintains delity among married
women; its more aesthe cally pleasing; and improves cleanliness. There is also the opinion that an
uncircumcised girl is undesirable as a wife. The UNICEF 2013a report revealed that in Africa, social
acceptance was the most frequently cited reason for suppor ng the con nua on of the procedure.
It is believed that FGM is almost universally prac ced among the Maasai and Pare tribes, with Type
1 being the most commonly prac ced type of FGM among both, with some reports sta ng that
unless circumcised an individual cannot call themselves a Maasai (IRIN, 2005; Msuyu et. al, 2002). It is
believed in the community that female circumcision is a prerequisite for marriage, and Maasai men may
reject any woman who has not undergone the procedure (Tanzania Daily News, 2013). It is tradi onally
performed on girls between the ages of 12 and 14, and is considered by the Maasai to be a rite of passage
into adulthood. Regardless of her age or her social status, an uncircumcised Maasai woman is considered a
girl child and risks herself and her family being isolated by the community.
The importance of this prac ce among the Maasai is considerable; it is perceived as bringing
honour to a girl and her family and by making her eligible for marriage it raises their status within their
community. Sociologist Elizabeth Heger Boyle writes that, in Tanzania, the Maasai will not call an

uncircumcised woman "mother" when she has children, and in several communi es uncut women may not
be allowed to aIend funerals and other public events (Boyle, 2002). Due to the illegality of FGM when
performed on children, the Maasai hold the ceremony in the forest far away from the homestead for fear
of being arrested (TAWJA, 2011). In some Maasai communi es, men are cited as being the biggest
hindrance to the ght against FGM because they con nue to reject women who have not been
circumcised (IRIN, 2005).
Many educated Maasai men and women s ll favour the prac ce, not because they are uninformed
about the dangers and risks involved, but because they fear the possible social
repercussions should they reject the custom. FGM is also rou nely prac ced within the Pare tribe, with one
study in an urban area of Kilimanjaro revealing the prevalence of FGM was around 35.8%, and is closely
related to the provision of bride wealth (28 Too Many, 2013). 28 Too Many carried out a survey which
found that Pare girls felt that the elders within their communi es support FGM, claiming it
protects girls from contrac ng urinal tract infec ons, with Type 1 being the most common form of FGM
prac sed (28 Too Many, 2013).

Early Marriage and Early Pregnancy

Early marriage and early pregnancy are closely linked to FGM, as many communi es which prac ce
female circumcision do so to prepare a girl for marriage and subsequently for child-bearing. Child marriage
occurs when one or both spouses are below the age of 18, although it predominantly aects underage girls
who are oOen forced to marry much older men. UNICEF es mates that almost 400 million women
worldwide aged 20 to 49 were forced to become child brides, with 11% of girls married before they turn
15, jeopardising their rights to health, educa on and protec on (UNICEF, 2014). A girl under the age of 18
cannot give her free and informed consent to marry, which is why child marriage is oOen referred to as
forced marriage. Underage girls are usually pressurised by families into early marriage because of cultural
or social norms which drive the prac ce.
Ar cle 16.1 of the Universal Declara on of Human Rights, states that only men and women of full
age have the right to marry. Any child under the age of 18 lacks the ability to give informed consent to a
marriage and so all marriages involving children should be considered illegal. While marriage is not
considered directly in the Conven on on the Rights of the Child, child marriage is linked to other rights
such as the right to express their views freely, the right to protec on from all forms of abuse, and the right
to be protected from harmful tradi onal prac ces and is frequently addressed by the CommiIee on the
Rights of the Child who regularly call on States to eliminate the prac ce.
Poverty is a major factor underlying child marriage, with many parents believing that marriage will
secure their daughters futures. Alterna vely, girls may be viewed as an economic burden, as a commodity,
or as a means of seIling familial debts or disputes, or securing social, economic or poli cal alliance (UNFPA,
2012). The tradi on of providing a bride price to the parents of the bride in some cultures further
reinforces the norm of child marriage, as it provides families with an economic incen ve to enter their
daughters into marriage. Child marriage is a viola on of human rights and cons tutes a grave threat to
young girls and boys lives, health and future prospects. Married children face high risks associated with
early sexual ac vity, pregnancy and childbirth, as well as physical violence, sexual abuse and slavery (An Slavery Interna onal, 2013; UNICEF, 2005a). The isola on and abrupt end to childhood that is typically associated with child marriage, combined with possible physical and sexual abuse, can have a profound eect
on a childs psychological health as it imposes adult roles and responsibili es on children before they are
physically, emo onally and psychologically prepared (UNFPA, 2012).

Many child brides nd themselves pregnant at a very young age. Contracep ve use among married
adolescents is low, for high bride prices place immense pressure on adolescent girls to begin childbearing
and as a result, females who marry early have a strong likelihood of becoming pregnant at a young age. The
UNFPA es mates that nearly 16 million teenage girls aged between 15 and 19 in developing countries give
birth every year, with an addi onal two million under the age of 15 giving birth every year (UNFPA, 2012;
WHO, 2012). Giving birth during adolescence has serious consequences for the health of the girl and the
infant with complica ons of pregnancy and childbirth being the leading cause of adolescent mortality in low
- and middle-income areas (WHO, 2012). Approximately 70,000 adolescents in developing countries die
annually of causes related to pregnancy and childbirth (UNICEF, 2011).
Under Tanzanias Law of Marriage Act (1971), the minimum age for marriage is set at 18 years of
age for males, however for girls the minimum age for marriage is set to 15 years (Ar cle 13.1). Ar cle 130
of the Penal Code states that it is illegal for a man to rape a girl or a woman, however if the girl or woman is
married to the man and they are not separated, and the girl is older than 15, then the act is not to be
considered as rape (TAWJA, 2011). Under the law, a woman has a duty to submit to sex with her husband in
any circumstances (TAWJA, 2011). The law also allows for marriages with girls under the age of 15 so long
as no sexual intercourse takes place. The fact that marital rape is not recognised as a crime under
Tanzanian law, even if the spouse is under the age of 18, is deeply concerning. This same provision in the
Code states that it is not a crime for any person of African or Asia c descent to marry or permit the
marriage of a woman under the age of 15 years in accordance with the custom of the tribe or religious
beliefs, where it is not intended for the marriage to be consummated before the woman aIains 15 years of
age. The same provision also permits the provision of bride wealth.
On average in Tanzania, almost two out of ve girls will be married before they turn 18 (UNFPA,
2012). An addi onal 7% of Tanzanian women aged between 20 and 25 were married before they turned 15
(UNICEF, 2014). Eighteen per cent of adolescent females in Tanzania are currently married in contrast to
only 4% of adult males (UNICEF, 2014). In Tanzania, it is those girls who are the least educated, poorest
and living in rural areas who are most aected by child marriage. Poor families tend to value boys
educa on more than that of girls, who may be taken out of school to assist with domes c du es or get
married, especially in rural areas. Educa on can play a huge role in protec ng women from early marriage.
Sixty-one per cent of women aged 20 to 24 with no educa on and 30% of women with primary educa on
were married or in union at age 18 in Tanzania, compared to only 5% of women with secondary educa on
or higher (UNFPA, 2012). Women with secondary educa on were 92% less likely to be married by the age
of 18 than women who had aIended primary school only (UNICEF, 2005a). The provision of a bride price
plays a signicant part in this prevalence of child marriage and may explain why it is so common within
poorer communi es.
The
Tanzanian
government recognises early
marriage as a key contribu ng
factor to high rates of adolescent
pregnancy. In Tanzania, only 12%
of married girls aged 15 to 19
are using modern methods of
contracep on, compared to 24%
for married women aged 20 to
24 (UNFPA, 2013a). Out of the
women surveyed, 25% of

women aged between 20 and 24 had given birth between the age of 15 and 18, with an addi onal 3% of
women in the same age bracket giving birth before they turned 15 (UNICEF. 2012). According to the 2010
Tanzanian DHS, one-Oh of married adolescent girls are forced to engage in sexual ac vity against their will.
Marriage is incredibly important within the Maasai
and Pare communi es. If a Maasai girl fails to get married
then the family receive no bride wealth, which they may
be reliant upon, and the daughter becomes a nancial
burden on her brothers and father (Hodgson, 2005). In
recent years, given the droughts that Northern Tanzania
has experienced, this much-needed bride price has
become increasingly important to tribal families (UN
Women, 2012). The Pare tribe, like the Maasai, also
exchange caIle as a bride price (Porter, 2004).
Compe on with wildlife, large-scale business farming, as
well as rapid land fragmenta on and dispossession,
con nued neglect by the state, increased clima c
instability, and heightened popula on pressure have all
compromised the viability of a pastoral livelihood for
Maasai and Pare youth. This has increased dependency on the provision of bride wealth. Marriage among
the Maasai and Pare is rarely between two children of similar age; girls are much more likely to be
betrothed or married to signicantly older men that may be more than thirty years their senior (Homan,
2005). Polygamous marriages also cons tute a high percentage of both Maasai and Pare marriages although
this appears to be on the decline in the Pare tribe (Coast, 2007).

Sexual physical and emo onal violence

Violence against children is a global human rights and public health issue that nega vely aects
childrens health and social development. The UN Conven on on the Rights of the Child states that all
children have the right to be protected against all forms of violence, exploita on, physical and emo onal
abuse, including sexual abuse and sexual exploita on. The clandes ne nature of sexual, physical and
emo onal abuse means that the crime is oOen under-reported and therefore under-recognised sta s cally.
Children who face violence, or witness it, remain silent out of fear and many children accept violence as an
inevitable part of life carried out by people the children know and should be able to trust e.g. by parents,
teachers, employers and step parents.
Physical abuse of a child is dened as acts that cause actual physical harm, or have the poten al for
harm, and includes acts such as slapping, punching, bi ng or bea ng; acts that can impair a childs physical,
cogni ve and emo onal development (WHO, 2002). The UN Human Rights CommiIee has stated that the
prohibi on of degrading treatment or punishment also extends to corporal punishment of children in
judicial or educa onal seTngs (UNHRC, 1992). Corporal punishment refers to the deliberate inic on of
pain as punishment for an oence, for the purpose of disciplining or reforming, or to deter unacceptable
aTtudes or behaviour. It is essen ally the physical abuse of a child but with an aIempt at jus ca on. It
kills thousands of children every year and handicaps many more, and has shown to be a signicant factor in
the development of violent behaviour many years later.

Sexual violence refers to any act, aIempt, or threat of a sexual nature that results, or is likely to
result in physical, psychological and/or emo onal harm (MCDGC, 2010). It is the involvement of a child in
sexual ac vity that she or he does not fully comprehend and is subsequently unable to give consent to
(WHO, 1999). It can include sexual touching against their will; aIempted but not completed sex against
their will; coerced sex; and physically forced sex. It is grossly under-reported and is surrounded by a culture
of s gma and silence (Regional CommiIee for Africa/WHO, 2004). The UN Violence against Children Survey
es mates that 150 million girls and 73 million boys under the age of 18 have experienced forced sexual
intercourse or other forms of sexual violence involving physical contact.
Emo onal abuse is a form of abuse characterised by
a person subjec ng or exposing another to behaviour that
may result in psychological trauma such as anxiety or
chronic depression. It includes the failure of a caregiver to
provide an appropriate and suppor ve environment to a
child, and includes acts that have an adverse eect on the
emo onal health and development of a child such as
discrimina on, abandonment, ridicule, in mida on and
other non-physical forms of hos le treatment (WHO,
2002). Neglect is also a form of child maltreatment. It
refers to the failure of a parent or guardian to provide for
the development of the child in any or all of the following
areas: health, educa on, emo onal development, nutri on, shelter and safe living condi ons. It can only
occur in cases where reasonable resources are available to the family or caregiver therefore families or
caregivers who live below the poverty line and are not nancially able to provide for their childs
development are not necessarily considered to be neglecWul.
Ar cle 19.1 of the UN Conven on on the Rights of the Child states that governments ought to take
all measures to ensure that children are protected from all forms of physical or mental violence, injury or
abuse, neglect or negligent treatment, maltreatment or exploita on, including sexual abuse while in the care
of a parent or legal guardian or any other person who has the care of the child. This covers all aspects of
child abuse found in Tanzania including FGM, early marriage and pregnancy, and sexual, emo onal and
physical violence. The same Ar cle calls upon countries to include eec ve procedures for the
establishment of social programmes to provide necessary support for the child and for those who have care
of the child.
In mainland Tanzania, corporal punishment is
lawful in schools, as provisions against violence and
abuse in the Penal Codes and other laws are not
interpreted as prohibi ng corporal punishment. In
fact, the Law of the Child Act (2009) allows for
jus able correc on of children, which could be
construed as authorising corporal punishment in
childrearing despite Ar cle 9 calling on parents to
protect children from all forms of violence, including
bea ngs which could cause harm (Ar cle 3). There is
no doubt this will result in a blur of the boundary
between jus able correc on and abuse.

10

The Violence against Children (VAC) Survey revealed that almost one in seven boys and one in
three girls experienced sexual violence before their 18th birthday . The survey also found that of those who
had sex before they turned 18, approximately one in three girls and one in ve boys reported that their rst
encounter was unwilling (UNICEF, 2011a). Neighbours and strangers were the most frequently reported
perpetrators of child sexual violence, while da ng partners and strangers were the most frequently
reported perpetrators against males. Over 6% of females who had ever been pregnant reported at least
one pregnancy that was the result of sexual violence (UNICEF, 2011a).
In the majority of cases, for both males and females,
the perpetrator was much older than the vic m at the me
of the incident. Females and males who experienced sexual
violence also tended to report exposure to physical and
emo onal violence. More than eight in 10 females and males
aged 13 to 24 years who experienced sexual violence prior to
age 18, also experienced physical violence (MCDGC, 2012).
More than four in 10 females and one in two boys who
experienced childhood sexual violence also experienced
emo onal violence prior to age 18 (MCDGC, 2012).
Almost three-quarters of both females and males
reported experiencing physical violence by a rela ve,
authority gure or an in mate partner prior to turning 18 (MCDGC, 2012). The vast majority of the abuse
was in the form of being punched, whipped or kicked (MCDGC, 2012). Approximately one-quarter of
females and nearly three out of every ten males reported experiencing emo onal violence by an adult prior
to turning 18. Almost 60% of both females and males experienced physical violence by adult rela ves and
more than one-half experienced physical violence by teachers before turning 18. The VAC Survey revealed
that it was a common experience for both males and females to experience being whipped, kicked,
punched or threatened with a weapon by teachers; violence that goes far beyond the jus able corporal
punishment outlined in Tanzanian domes c law.

11

4. Childreach Tanzanias Research

In July 2013, Childreach Tanzania embarked on a process to establish and strengthen the child
protec on system in Same District in the Kilimanjaro region in northern Tanzania. Ruvu is among thirty-one
wards in Same district in the Kilimanjaro region, found on the Western side of the district and is inhabited
principally by Maasai and Pare who are primarily pastoralists; although these days mixed farming is being
prac ced. Child protec on is a set of usually government-run services designed to protect children and
young people, both to address the consequences of abuse, neglect and exploita on and to prevent it in the
rst place.
Ruvu has poor access to social services like health, educa on and water and sanita on in the ward.
Poor access to both formal primary and secondary educa on is being aIributed to both insucient
educa onal infrastructure such as school buildings, and lack of demand from the pastoralists who do not
see formal educa on as a priority. Life for the Maasai and Pare is strongly underpinned by culture and
tradi on which have led to the con nua on of harmful prac ces such as FGM and early marriage.
A research team composed of 10 people; 1 Child Protec on and Par cipa on Specialist (CPPS) from
Save the Children, Tanzania and 9 CSO representa ves from and around Same district, was formulated
through the involvement of local leaders. Before embarking on eld data collec on, the research team
went through an intensive two day orienta on training. The research team was closely monitored and
supported by Childreach Tanzania during the en re three weeks of eld work. Children were the focus of
this Survey and were highly priori sed at all stages. Any contact with adults was considered secondary and
solely for the purpose of verica on. AOer eld data collec on, Childreach Tanzania supported the
research team to conduct quan ta ve and qualita ve data analysis.
The research process started with community level assessment of child protec on issues and
systems to iden fy priority child protec on issues and assess the existence and eec veness of child
protec on systems in the community. In order to iden fy gaps in the current child protec on system,
Childreach Tanzania carried out a sample survey in the project loca on, which involved interviewing key
stakeholders from the community such as local elders and teachers, as well as the children themselves.
Childreach Tanzania held focus groups with children from the district to discuss with them what they felt
were the major issues aec ng their community.
A total of 730 children and 135 adults were directly interviewed during eld work. While 500 children
were individually interviewed through ques onnaires at household level, 30 children were interviewed
through in-depth individual interviews at school and community levels. Two hundred children were
interviewed through Focus Group Discussions; 14 groups of children were interviewed, 7 groups for girls
and 7 groups for boys whereby each group comprised of an average of 14 children.
Consulta on with adults was solely to verify informa on collected from children. A total of 135
adults were individually consulted at dierent levels; 25 adults were individually consulted through
Individual in-depth interviews (10 males and 15 females) by the use of semi-structured ques onnaires.
While 10 adults were individually consulted through Key Informants Interviews, 100 adults were consulted

13

Age of the respondent

Sex of the respondent

Total

Male

Female

4-18 years

19

33

52

9-13 years

125

149

274

14-18 years

75

99

174

Total

219

281

500

Table 1.1: Sex and age distribu on of individually interthrough Focus Group Discussions whereby 6 groups were interviewed; 3 for males and 3 for females, each
group had an average of 12 par cipants.
What became clear from the research was that farming and mixed farming con nued to play quite
crucial roles in the economy of the two tribes. Over 94% of those in the community received their main
source of income from farming. Most of the households were headed by males with only a handful headed
by women; reec ng the Maasai tradi on whereby males are the decisions-makers and the sole owners of
resources. The female headed households were primarily the result of HIV/AIDS whereby the women had
been widowed and subsequently had to carry the responsibility of heading the family. In most cases this
had resulted in an increased burden being placed on the children in the household, and had resulted in
them being forced to drop out of school to nd employment where they risk being exploited and
mistreated.
Child rights
In order to establish current gaps in the child protec on system, Childreach Tanzania had to rst
establish what the children knew about the rights they were en tled to. In order to do this the children
were ques oned about how aware they were of the right to life, the right to educa on, the right to
protec on and the right to par cipate. When children were asked if they knew about childrens rights, 79%
of the respondents said yes, while 14% said no. This can be aIributed to previous work by Childreach
Tanzania and other NGOs such as Save the Children who have established ward level children councils
which raise awareness on the rights of the children.
Childreach Interna onal believe that it is incredibly important for children to be aware of their rights,
to ensure that they are adequately empowered to stand up for themselves and to ensure that they are able
to access the right that they are en tled to. As a follow-up ques on, the children were asked whether they
had heard of the right to live, the right to educa on, the right to protec on and the right to par cipate.
During eld work the research team was able to witness children councils given space to raise their voices
during District Consulta ve CommiIees. While there is evidence for such good work, there are s ll a
signicant number of children largely unaware of their rights, which means the demand is s ll high on this
par cular area which is an important milestone towards elimina on of violence and abuse against children.
It is interes ng to note that a high percentage of the children were aware of their right to life
and their right to educa on - 79% and 78.2% respec vely. In comparison, far fewer children were aware of
their right to be protected from harm and their right to par cipate in decisions that involve their
well-being. Although a signicant number of children seem to be aware of the right to educa on and the
right to life, there is evidently further work to s ll be done in this area.

14

Category
Right to live
Yes

Frequency
395

Percent
79.0

No

73

14.6

I do not know

32

6.4

Total

500

100.0

Right to Educa on/development

Frequency

Percent

Yes

391

78.2

No

76

15.2

I do not know

33

6.6

Total

500

100.0

Right to protec on

Frequency

Percent

Yes

221

44.2

No

240

48.0

I do not know

39

7.8

Total

500

100.0

Right to par cipate

Frequency

Percent

Yes

203

40.6

No

256

51.2

I do not know

41

8.2

Total

500

100.0

Table 1.2: Childrens knowledge on the rights of the child

Educa on and health provision

The Survey also examined the access that children had to social services such as educa on and
health. One of the ques ons asked to the children was therefore what services such as health, psychological
and child protec on were being provided to children in the Ward. Almost 42% of children were aware of
health services, 32.6% were aware of psychological services and 2.8% were aware of child protec ve
services. Over one-Oh of the children were en rely unaware about services that they were en tled to
access. The importance of health services, educa on and access to clean water and sanita on to a childs
well-being are undeniable.
In terms of health, the survey found that the ward only had one medical dispensary which was not
fully established and was therefore unable to eec vely service the en re community. The structure of
health provision is poor and while some of the facili es are available they are not up to standard with the
dispensary only being opened twice a week. The centre is located in the ward centre and yet is expected to

15

serve people from four villages which are all located at quite a distance from each other, therefore denying
children the right to access health services.
Although the district prole indicates that the ward has 8 primary schools, the team found only
seven primary schools (Ruvu Muungano Primary School and Lisirwai Primary School) and one secondary
school (Moipo Secondary School). What became clear was that a number of children at the schools are not
from the ward and are travelling signicant distances to aIend these schools. This is a problem for two
main reasons. Firstly, children that travel long distances across hos le terrains are at greater risk of physical,
sexual and emo onal abuse whilst travelling to and from school. Secondly, this suggests that a large number
of Maasai and Pare children who should be aIending school in Ruvu Ward are not doing so and are
therefore being denied their right to educa on. This is supported by the fact that the number of children in
the seven primary schools is far lower than would be expected from the number of children living in the
ward.
Water access was also found to be a serious problem and it was clear that sanita on was a major
challenge in the community. Many of the children we interviewed suggested that they rarely bathed and
their clothes were hardly washed due to the lack of available clean water. Women were forced to travel a
great distance to search for water, and even when water was fetched priority was given to the cows, as they
were the familys primary source of income and wealth. When asked about from where the family sourced
their water, 62.6% of the children cited the river; 25% cited a water tap and 12.4% cited the well. This
suggests that for many of the familys the water tap and well are located at a greater distance from their
house than the river itself.
A follow-up ques on was regarding who in the family fetched the water most regularly. Almost 43%
of the children said it was a girl child in the family who most regularly went to collect water and an
addi onal 19.8% stated that it was a male child. This means that in almost two-thirds of all the families in
Ruvu ward, a child is regularly sent out to fetch water. As previously men oned, this is highly dangerous for
children. With regards to home sanita on, 77.6% of the children did acknowledge that they have
somewhere to wash their hands; however no further informa on was gathered on the cleanliness of the
water. Some of the households also lacked modern toilets, with 84.6% of the children sta ng that they had
pit toilets in a dusty oor; 4.2% had pit toilets with a cement oor; 6.4% had func oning ushing toilets and
4.8% had no toilet at home at all. When asked if there was a place at home where children could wash their
hands, almost a quarter (22.4%) of children had no place to wash hands.
Child protec on
The primary focus of this survey however was to look at child protec on issues that aect the
welfare of children in the ward. Children reported experiencing issues like FGM, early marriages, rape,
neglect, corporal punishment and a lack of access to educa on. Before the ques onnaires were lled out by
the children, one of the Childreach Tanzania team explained the terms so they were fully aware of the
meaning of the issues and understood that all those under the age of 18 are classied as children,
irrespec ve of whether they have hit puberty, got married or undergone circumcision.
Evidently, a number of child protec on issues are present in the community. In terms of child protec on
there is a dissonance between modern understandings of what is considered to be in the best interests of
children and customary prac ces towards children which were, and con nue to be, framed by the Maasai
as their way of keeping their children safe. When Maasai and Pare parents were ques oned about whether

16

they understood the dangers of puTng their children through FGM or early marriage, they did not
consider that they may actually be doing their children harm, but rmly believe that they were actually

Figure 1: Child protec on issues facing children in Ruvu

protec ng them from harm.

A previous Survey carried out by World Vision Interna onal (2005) en tled What is Violence?
Perspec ve from children in Tanzania discussed violence against children with 22 children from Ruvu
Ward, all of who were from and Maasai or Pare tribes. Almost three-quarters (73%) of the children
iden ed denying children educa on and forcing children into early marriage as forms of violence that
aected children in their community. Sixty-eight per cent iden ed FGM; 50% iden ed denying children
par cipa on; 50% iden ed neglect and 46% iden ed child labour as other child violence issues that were
aec ng their communi es. What ought to be noted is that at no point in the research was it evident that
those adults who perpetuate FGM or remove their children from formal schooling ever considered
themselves to be harming their children. Rather there is a strongly held defence that their ac ons were
protec ng the children from risk.
Evidently, child protec on issues are a serious concern in Ruvu, especially FGM, corporal
punishment and early marriage. What became clear from the discussions was that children were agreeing
to FGM mainly because their parents wanted them to, as they were afraid of what would happen to the
family if their children failed to be circumcised (McAlpine, 2013). FGM was considered a necessary
prac ce to ensure that girls were married. While parents did not necessarily support the prac ce alone,
they considered it essen al to ensure marriage as a daughters value and familys wealth lies in her geTng
married. This is par ally why girls were less likely to be entered in formal educa on. Families considered it
important to realise this asset as early as possible and not to invest in her educa on as this would be a

17

waste of available resources. A previous Survey of children in the ward revealed that they were aware that
denying children of their educa on; early marriage; FGM; child labour; and denying children of their right to
basic needs such as water and food all classied as forms of violence against children (World Vision
Interna onal, 2005). Early pregnancy was considered less of an issue but that may be because children
assume that once married, the bride is no longer considered a child and therefore early pregnancy is not
necessarily classed as a child protec on issue.
The children were also asked what they believed to be the reasons behind these child protec on
issues. Forty-three percent of children interviewed strongly associated norms and customs to child
protec on issues, most of children cited FGM as part of Maasai culture that a girl to needs to complete to
become a woman and there are cases whereby those girls who became were sensi zed and did not go
through the custom did not get married and were alienated. Interviewed children said that due to poverty
parents tend to force their children into early marriages in exchange of cows as part of dowry. When
interviewed local government ocials said that early marriages is a challenge and poverty and culture is a
force behind it. As part of culture Maasai do pay a dowry to book for a baby who will be born or in wait for
the girl to grow, even though this prac ce is slowly decreasing. Twenty eight percent (28%) of children said
that the source of violence is ignorance, that parents are largely unaware of the physical, emo onal and
psychological impacts of violence against children. Those who report abuses are considered betrayers and
those who resist tradi on are s gma sed and excluded from the community.
Most of the interviewed children were able to list physical harm, psychological eects, lack of
access to educa on diseases, poor brain development and early pregnancies as some of the eects of child
abuse. While thirty ve percent (35%) of interviewed children iden ed a link between FGM and early
marriages to diseases and death, 16% of children linked rape, early marriages, and child neglect to
psychological problems. Considering FGM and early marriages as more prevalent child protec on issues,
children said the main eect of these is diseases and death, which means that rape, FGM and child
marriages could leave the child infected by HIV and other sexually transmiIed diseases whereby the
ul mate result is death. They said that child marriages could also lead to pregnancy complica ons and nally death. Sixteen percent (16%) of interviewed children linked corporal punishments with physical harm and
psychological eects.
Although the na onal legal framework exists, most people in Ruvu remain unaware of the
existence of child protec on laws and policies, there is lack of a common understanding of child protec on,
and as such these laws and policies are not translated into ac on. Apart from the police, the local
government authori es and NGOs are lawfully responsible for children protec on, however these services
are rela vely poor and uncoordinated. Addi onally, given the fact that the Maasai and Pare are pastoralist,
customary law and prac ce has far greater inuence over their lives than na onal laws and the
Government.

18

5. Recommenda ons
On the whole, appropriate mechanisms for containing or preven ng abuse of children are grossly
insucient in Tanzania. Exis ng policies and strategies have failed to eliminate abuses against children and
local governance has largely failed to ensure children are protected. The law in Tanzania defers to
customary law wherever possible under the Local Customary Law (Declara on) Order 1963 which allows
ethnic groups to follow and make decisions based upon their customs and tradi ons, even when these
customs are an the cal to domes c law. As these customs and tradi ons are oOen established based on
decisions made by elder men, they are highly discriminatory against women, for example through
restric ng girls educa on and forcing girls to marry before they reach puberty and without their consent.
Given the serious danger that children in Tanzania face every day combined with the poor
enforcement and quality of domes c legal mechanisms, Childreach Interna onal and Childreach Tanzania
has composed a number of recommenda ons to the Tanzanian government to ensure the adequate
protec on of Tanzanian children. These include:

19

Formulate a uniform deni on of a child to be included within all relevant domes c laws. The
deni on should comply with the deni on outlined in the Conven on on the Rights of the Child and
ACRWC, which specify that all those under the age of 18 are classied as children. In addi on,
Tanzanias Law of Marriage Act must be amended to ensure that the marrying age is set at 18 for
both males and females, irrespec ve of cultural tradi ons, to ensure compa bility with the CRC
(MCDGC, 2006).

With regards to FGM, the most eec ve way to address the prac ce is to combat its underlying roots
in the discrimina on against women. In order to achieve this, especially with regards to the prac ce
in the Maasai and Pare communi es, it is vital to coordinate sustained ac on and
partnerships with civil society, including opinion leaders, tribal leaders, government ocials and
religious leaders. Culturally sensi ve awareness-raising of the public at large through informa on,
legal preven on and protec on, exposure to alterna ves and most importantly through educa on is
increasingly important, as this will empower women and girls to claim their rights.

The lack of domes c law which contains provision on the criminalisa on of marital rape is of great
concern, and the Sexual Provisions Act or Penal Code ought to be amended to ensure that marital
rape against all women, irrespec ve of age, is criminalised and repercussions are explicitly dened.

Get girls in school. Gender analysis should be conducted for transforma ve change and schools ought
to be more girl-friendly with the provision of separate toilets, and the elimina on of gender
stereotypes in the curriculum and materials. Situa ng schools close to home, with community
involvement and exible schedules will make educa on more accessible for girls. Further work should
be carried out with local tribes to inform them of the importance of girls educa on. This will involve
iden fying what mo vates pastoralists to send their children to school, understand the expecta ons
and mo va ons of girls and their households and then develop strategies that take account of their
expecta ons.

Discriminatory laws such as the patrilineal laws of succession and inheritance need to be amended to
stop the reinforcement of discrimina on against women.

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