By Calvin Manika
ZIMBABWEANS have largely turned down the use of contraceptives for children aged 12 and above. This is emerging from consultative meetings that have been going around in the country. Despite the consultations being embraced by some civic society organisations, the provisions in the Children’s Justice Bill seems to be unpopular. The proposed amendments have been regarded as a taboo, promoting of sex to minors which damages the future of children. In spite of some advocacy voices which have been speaking up, it seems the ‘NOs’ are taking the day.
In countries such as the United States each state has its own laws regarding contraception. In Michigan, a minor can consent to the emergency care, sexual health (birth control, pregnancy testing, testing and treatment for STIs), mental health, treatment for substance abuse. Doctors will notify parents if there is suspicion of abuse, the teen is a risk to them or someone else, or they are under the age of 12 and have been sexually active. Minors do need parent/guardian consent for an abortion, unless a court-approved waiver is obtained.
This comes as the country has been partially closed for almost six months under Covid 19 induced lockdown. The opening of schools without adequate teachers sparked controversy as schools were turned into romantic and pornographic studios by wayward children. Covid 19 era carries immoral stories of school children. School children have in the past few weeks been organising sex parties away from the view of parents and responsible authorities. In this age of globalisation when the world has become a one global village, cultural imperialism seems to have affected our once decent children.
Peer pressure and lack of parental guidance has led both boys and girls to indulge in alcohol, drugs and sex. Reports of sex parties have been heard in the media with the police and schools promising to deal with the emerging immoral pandemic. However, Vuzu parties as they call them have continued in the backyard, school boarding rooms and commuter omnibuses. Many children have fallen victims of these parties as they are falling pregnant and contracting sexual transmitted infections. Before the consultations underway, stakeholders have been contemplating for years to stop the depraved pandemic and protect children.
These behind the scene acts were revealed at the Age of Consent to Sexual Intercourse and Access to Sexual Reproductive and Health Services Review Breakfast Meeting on 25th February 2020, at the New Ambassador Hotel in Harare with Parliamentarians from the Justice, Legal and Parliamentary Committee, Health and Child Care Committee, Human Rights Committee. The meeting was organised by Justice for Children (JCT). The meeting was a follow up to the previous meeting held in October 2019 which was aimed at unpacking the various laws on the age of consent to sexual intercourse and access to sexual and reproductive health services from a child rights perspective to enable the said parliamentary portfolio committees to be on a common ground in understanding the legal framework on issues emerging.
The review meeting was aimed at affording parliamentarians an opportunity to share feedback from discussions during parliamentary sessions and problematic areas around the Age of Consent to Sexual Intercourse and access to Health services. Speaking on the side-lines of the meeting Dr Ruth Lobode said, “As a parliamentary committee on health we have moved miles in consulting on the age of consent and the age of majority.” She was also quick to mention the limitations of the law: “The law should be amended to accommodate teens who are sexually active before the age of majority by giving contraceptives and treating them sexually transmitted diseases without the company of a parent or guardian”.
The facilitator of the meeting Dr Musa Kika said: “The issue of age of consent is complex that one cannot easily find the answer.” Commenting on the breakfast meeting he said, “Such platforms are important because they generate debate and put issues on the table as they allow members of parliament to ask the right questions. Addressing these issues need a multi- faceted approach like sexual education in schools, access to sexual and reproductive health rights and reforming criminal laws around these issues.”
Despite the efforts by the government, civic society groups and all the relevant stakeholders in dealing with the issues affecting children the habit still continues. Various incidents of child delinquencies were reported during the lockdown period including children organising sex revelries. In areas such as Harare, Bulawayo and Hwange most of the teens were waking up early in the morning in the cover of morning exercises for physical fitness only to gather in certain rendezvous points for sexual activities. It is likely that as the situation in schools remain fragile learners will continue with the sex bashes at school premises to the resident children in boarding schools or in a neighbourhood apartment along the way to the day learners.
African conservatives have pointed out that such a consultative crusade has no precedent in Zimbabwean context and people are against embracing western models into proven African cultures. Howbeit, those advocating for the minors to take contraceptives they have been pointing to the sexual behaviour exhibited by children. “These children from the age of 12 are already sexually active, they sleep around in wild sex parties, they are watching pornography, so if we fail to give them contraceptives we are encouraging teen pregnancies, child marriages and abortions,”said Mr Tom Chauke of Madumabisa village in Hwange.
Zimbabweans so far consulted feel that despite children being sexually active, giving teens contraceptives will be officialising them to be more sexually active. According to the Zimbabwean laws any persons below the age of 16 is not allowed to take contraceptives at a medical facility without a parent or guardian as the law deem them under age to consent for sex. Children who are engaging in sexual intercourse normally buy contraceptives from illegal and unlicensed distributors. “Not all children are engaging into sex at that age so we cannot have a blanket approach which will promote sexual engagement,”said Inness Magamure, a children’s rights defender in Lupane.
Speaking to this publication Beauty Ndlovu, a mother of three said, “The blame is to us as parents. If we up our game and direct our children in the righteous paths of God and Ubuntu we can control and guarantee them a bright future. The challenge is some parents don’t care about their children, they don’t have time and even an interest to monitor their movement and behavioural change”. This was seconded by another parent, “We need to be accountable for the behaviour of our children, and this is the starting point. It starts with me as a parent and the community then the nation. By agreeing for a 12 year child to take contraceptives we are saying we have failed. And I wonder if such amendments are proposed by people with children. Accepting this law will be treasonous,” said Jabulani Ncube of Lupane.
