The Welfare of children in Zimbabwe: A Constitutional Promise Under Article 19

By Loreen Musemburi

Article 19 of the Constitution of Zimbabwe Amendment) (No. 20) Act, 2013 provides that the government of Zimbabwe should adopt policies and measures that ensure that matters relating to children, and the best interests of children are paramount. Thus, the State has an obligation, within the limits of the resources available to it, to ensure that all children –

1. enjoy family or parental care, or appropriate care when removed from the family environment
2. have shelter and basic nutrition, health care and social services
3. are protected from maltreatment, neglect or any form of abuse and
4. have access to appropriate education and training.

The State also has an obligation to take appropriate legislative and other measures—

1. to protect children from exploitative labour practices; and
2. to ensure that children are not required or permitted to perform work or provide services that—
3. are inappropriate for the children’s age; or
4. place at risk the children’s well-being, education, physical or mental health or spiritual, moral or social development.

These provisions are in accordance with international treaties, such as the United Nations Convention on the Rights of the Child (UNCRC) and the African Charter on the Rights and Welfare of the Child, to which Zimbabwe is a signatory. Throughout the years, the government has offered a comprehensive and child-centered approach to welfare aligning to the Basic Education Assistance Module (BEAM), to provide free education to underprivileged children and social welfare initiatives aimed at supporting orphaned and abandoned children. Embedding child welfare into the supreme law of the land demonstrates Zimbabwe’s proactive approach to protecting the interests of its youngest citizens. The government’s duty to prioritize the needs of children guarantees that policies and programs are structured to enhance their well-being, thereby minimizing inequalities and establishing a robust foundation for future generations. The emphasis now shifts to the efficient execution of this fundamental responsibility. For these legislative protections to have a real impact on Zimbabwe’s children, there needs to be sufficient financing, policy enforcement, and community involvement.

Although Article 19 of the Zimbabwean Constitution appropriately emphasizes the importance of children’s welfare, its actual impact is debatable given the challenging circumstances that numerous children encounter today. The well-meaning provision, however, fails to translate into effective action, resulting in countless Zimbabwean children remaining at risk of poverty, abuse, and lack to access to basic needs. A significant shortcoming of Article 19 lies in the disconnect between its policies and their implementation. Despite the Constitution’s assurances of education, healthcare, and protection for children, the harsh realities of economic struggles and ineffective governance have hindered the fulfillment of these essential rights. Many children, particularly in rural regions, continue to face barriers to quality education stemming from school fees, a shortage of teachers, and insufficient learning resources. In a similar vein, the healthcare system faces significant challenges in delivering sufficient services, leaving many children grappling with malnutrition, avoidable illnesses, and restricted access to medical facilities.

Furthermore, the problem of child labor and abuse continues to persist, even in the face of existing legal safeguards. The current economic turmoil has compelled children to resort to street vending, domestic labor, or even hazardous work just to make ends meet. Recent accounts of child marriages, sexual exploitation, and domestic violence are on the rise, underscoring the inadequate enforcement of laws designed to protect children. The lack of a strong social welfare system intensifies these difficulties. A significant number of orphaned and vulnerable children are left without the essential support they need, a situation exacerbated by government programs that are both underfunded and understaffed. In the absence of adequate funding and dedication from those in power, Article 19 stands to become little more than a mere symbolic gesture, failing to serve as a practical protection for the rights of children.

Immediate action is required to ensure that Article 19 fulfills its intended role. It is essential to prioritize increased government funding, stricter law enforcement, and community-driven support systems. Only then can Zimbabwe transform its constitutional commitment to protect children’s welfare from mere rhetoric into a tangible reality for every child across the nation. Examining this issue through a community psychology lens, especially with an emphasis on Ubuntu, reveals that the strength of this constitutional provision is compromised by a diminishing sense of communal responsibility and collective care. What has happened to the notion that says, “it takes a village to raise a child”? This idea embodies the essence of Ubuntu, resonating with the fundamental principles of community psychology that emphases the interconnectedness and shared humanity.

More so, another gap of clearly defining the involvement of communities in the realm of child welfare. However, economic challenges, the divide between rural and urban areas, and social fragmentation have weakened this communal support network, resulting in increased vulnerability for many children. The Constitution assigns responsibility to the state forgetting that the state constitutes the people. Where there is lack of strong community-driven solutions the effective of implemented policies cease to make sense as mandated. Traditional leaders, churches, and local communities frequently remain uninvolved or unaware of the ways in which they can contribute to child welfare initiatives. The absence of awareness and advocacy has resulted in society neglecting children rather than taking proactive measures to improve their adverse conditions. Many families facing the challenges of poverty and unemployment find themselves unable to fulfill their children’s fundamental needs, while the formal social welfare system grapples with being overstretched and underfunded. In the spirit of Ubuntu, which promotes shared responsibility, it is disheartening to observe that in contemporary Zimbabwe, orphaned and vulnerable children frequently find themselves abandoned, struggling to survive with minimal support from the community.

Moreover, the absence of psychosocial support for children facing distress is a significant issue. Ubuntu places a strong emphasis on the importance of emotional and moral support within communities; however, contemporary social dynamics have diminished the strength of traditional support systems. As we witness an alarming increase in child neglect, drug abuse, and school dropouts, it becomes imperative to adopt a community-focused strategy for child welfare. This approach should emphasize the importance of mentorship, emotional support, and united efforts to safeguard our children. For Article 19 to achieve its full potential, Zimbabwe needs to revive the essence of Ubuntu in its child welfare policies and practices. It is crucial to establish community-based child protection committees, implement culturally relevant support structures, and foster stronger partnerships between the government and local communities. Restoring the values of Ubuntu offers Zimbabwe the opportunity to elevate Article 19 from a simple constitutional declaration to a vibrant reality, ensuring that every child genuinely belongs and flourishes.

To bridge the gap between policy and reality, a fundamental tenet of community psychology of decentralized support, advocating for solutions that arise organically from within communities instead of depending exclusively on government interventions can be implemented. Additionally, creating local committees focused on child protection, equipped with the skills to recognize and address issues of abuse, neglect, and exploitation, can lead to tailored interventions that resonate with the unique circumstances of each community. Ubuntu highlights the importance of interconnectedness, asserting that the responsibility of raising a child lies within the community as a whole. The traditional extended family structures have seen a decline, largely influenced by urbanization and economic challenges. Programs that link the elderly with at-risk children, including mentorship and foster grandparent initiatives, offer essential guidance, emotional support, and a feeling of belonging for those children lacking stable family environments.

Community psychology emphasizes the importance of empowering families rather than merely helping. Creating community savings groups, launching income-generating projects, and implementing skills development programs for parents can enhance household stability, guaranteeing that children obtain the care and resources essential for their well-being. However, numerous children endure trauma stemming from abuse, familial disintegration, and financial struggles, often without adequate psychological assistance. Establishing counseling programs within schools, creating peer support groups, and developing community wellness centers can significantly aid children in navigating challenges and fostering resilience.

The surroundings in which a child grows play a crucial role in their development. In Zimbabwe, a significant number of children are deprived of secure environments where they can play, learn, and interact with their peers beyond the classroom. Creating centers that cater to children in the community, offering recreational activities, tutoring, and mentorship, promotes their social and emotional growth while shielding them from harmful influences like crime and drug abuse. For the policies to truly make an impact, it is essential that communities engage not merely as recipients of policies, but as dynamic contributors in the process of shaping and executing them. Enhancing collaborations between the community and government, with the involvement of local leaders, parents, and youth in child welfare initiatives, guarantees that policies are tailored to the specific context and address local needs effectively.

While Article 19 represents a progressive legal measure, it is important to recognize that legislation by itself cannot bring about meaningful change in the lives of children. Genuine transformation occurs when communities embrace responsibility for child welfare. Through the principles of Ubuntu, collective action, and empowerment, Zimbabwe has the potential to transcend mere policy declarations, fostering a society where every child is genuinely nurtured, safeguarded, and given the opportunity to flourish.

The guidelines established in Article 19 offer a clear path forward for enhancing child welfare. Through ongoing government initiatives, active community involvement, and global assistance, Zimbabwe has the potential to fulfil its promise of left no child behind. Article 19 stands as a commitment to the future of Zimbabwe’s children. It embodies the country’s aspiration for a community where children are safeguarded, educated, and empowered to grow into accountable members of society. Keeping children safe isn’t just about having the right policies in place. It is a shared responsibility that calls for a change in how we all think. Therefore, to genuinely safeguard children, policies must prioritize enhancing community engagement and expanding mental health resources. This approach will ensure that every child, regardless of their background, has the opportunity to flourish in a secure, nurturing, and empowering environment. Children serve as the cornerstone of a nation’s future, and their welfare mirrors a country’s dedication to human rights and sustainable development. They are not just a matter of legal or economic interest; they reflect a bigger picture of social and psychological factors.

Psychology Lecturer in the Department of Psychology at Women’s University in Africa, lm********@wu*.zw