Child Abuse in Zambia

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child abuse in Zambia At least once every week, one of the main headlines in Zambian news is a ‘defilement’ case. Defilement is the term used in the Laws of Zambia to mean carnal knowledge of a child below the age of 16. In two separate interviews, the Police and the University Teaching Hospital (UTH), i.e. the main hospital in Zambia, said that they see a minimum of three victims of defilement every day. Although 1,339 cases were reported to the Police in 2011 alone, the majority of defilement cases are not brought to the attention of the Police. Rather they are dealt with either informally by the family; or customarily through the Traditional Court or the Local Court. In this article, I refer to these three key players in the dispensation of justice as Zambia’s informal and traditional justice systems (ITJS). Much as the case of child sexual abuse is a pertinent one and requires greater analysis, in this article, I use it mainly as a lens through which I look at Zambia’s ITJS. I explore two major questions: (i) to what extent are the human rights of the child protected in the ITJS?; and (ii) what else could Zambia do to enhance access to justice for sexually abused children who seek redress by using the ITJS? To begin the exploration of these two questions, I will consider the nature of Zambia’s legal pluralism and the striking differences in how the formal justice system and the ITJS regard child sexual abuse. It is inevitable for certain theoretical turfs to be navigated through. Thus very briefly, I will define ‘ITJS’. Ultimately, using the case of child sexual abuse, my goal is to demonstrate that the three ITJS are playing an enormous role in delivering justice (in one form or another) to ordinary Zambian citizens. Instead of ignoring or neglecting them, I strongly propose that the state and all players, in enhancing access to justice, should

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