Teachers Taking a Stand Against School-Related Gender-Based Violence in Zambia

Zambia has significantly strengthened its legal framework to combat school-related gender-based violence (SRGBV) and child marriage, notably through the Marriage (Amendment) Act of 2023 and the Children's Code Act of 2022. These landmark legislations unequivocally set the minimum age of marriage at 18 years, criminalize child marriage, and provide mechanisms for the protection and re-entry into education for affected children. This article examines these critical legal developments, alongside the Anti-Gender-Based Violence Act of 2011 and the Education Act of 2011, highlighting the enhanced legal obligations of educators and institutions. It underscores the pivotal role of teachers, as exemplified by recent initiatives, in identifying, reporting, and responding to SRGBV, thereby fostering safer learning environments and upholding children's fundamental rights.

An empty desk in a classroom can tell a profound story, as Head Teacher Mr. Friday Nkonde of Tongotongo Secondary School in Chinsali District discovered when a diligent student suddenly ceased attending classes. His investigation uncovered a heartbreaking reality: the young girl had been forced into marriage, a stark illustration of school-related gender-based violence (SRGBV) and child marriage that continues to plague many communities. This incident, and countless others across Zambia, underscores the urgent need for robust legal frameworks and proactive interventions to protect children, particularly girls, from practices that truncate their education and future prospects.

School-related gender-based violence encompasses acts or threats of physical, sexual, and psychological violence occurring in and around educational settings, often rooted in harmful gender norms and unequal power dynamics. Child marriage, a severe form of SRGBV, not only violates fundamental human rights but also acts as a significant barrier to quality education and overall development. This article delves into Zambia's evolving legal landscape designed to address these challenges, focusing on recent legislative reforms and the critical role of educators in their implementation and enforcement. It aims to provide legal professionals with a comprehensive understanding of the statutory duties and protections available to combat SRGBV and child marriage.

Historically, Zambia's legal system presented complexities regarding the age of marriage, operating under a dual system of statutory and customary law. While the Marriage Act previously set the legal minimum age at 21, it allowed for marriage from 16 with parental consent, and customary law often permitted marriage upon puberty, leading to inconsistencies and facilitating child marriages. This legal ambiguity contributed to Zambia's alarming rate of child marriage, with nearly 29% of girls marrying before the age of 18.

Recognizing the profound negative impacts of child marriage and SRGBV on individuals and national development, Zambia has ratified key international instruments such as the United Nations Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC), which define a child as any person under 18 years. These international commitments have spurred significant domestic legislative reforms. The Anti-Gender-Based Violence Act, No. 1 of 2011, was a crucial step, establishing a legal framework to protect victims, define various forms of GBV, and provide for protection orders and support systems. However, more comprehensive reforms were needed to address the deep-seated issue of child marriage and ensure a harmonized legal approach.

The landscape of child protection in Zambia has been significantly transformed by recent legislative enactments. The Children's Code Act, No. 12 of 2022, is a landmark piece of legislation that consolidates and reforms laws relating to children's welfare, explicitly defining a child as any person aged 18 years or below. Crucially, this Act prohibits child marriage and harmful cultural practices, aligning Zambia’s domestic law with international standards. It further makes provisions for a child whose marriage is nullified to be ordered to return to education, emphasizing the right to schooling.

Building on this, the Marriage (Amendment) Act, 2023, passed on December 22, 2023, represents a monumental stride. This Act unequivocally sets the marriageable age at 18 years without exception, including under customary law, and declares any marriage involving a child to be void. Those involved in child marriages now face strict penalties, including imprisonment for up to five years. This legislative harmonization addresses previous inconsistencies between statutory and customary laws, providing a clear and enforceable standard across the nation.

The Education Act, 2011, further reinforces these protections by providing a comprehensive legal framework for education, guaranteeing free basic education, and prohibiting discrimination. Significantly, the Education Act also carries a minimum 15-year sentence for individuals who marry off school-going children, directly linking the right to education with protection from child marriage. Moreover, the Act, alongside the Children's Code Act, explicitly prohibits corporal punishment in schools, fostering safer learning environments.

Teachers and school administrators, like Mr. Nkonde, are now empowered and, indeed, legally obligated to act. The Anti-Gender-Based Violence Act, No. 1 of 2011, defines gender-based violence broadly to include conduct that harms or is likely to cause harm, and allows for complaints to be filed by victims, or by any other person or institution with information about the violence, especially when it is in the interest of the victim. This places a clear duty on educators to report suspected cases of SRGBV and child marriage to the appropriate authorities. Initiatives like the “Connect with Respect” training, supported by the Spotlight Initiative, are vital in equipping teachers with the knowledge and procedures to effectively identify at-risk students and respond to abuse, ensuring that schools serve as safe spaces.

Despite these robust legal advancements, challenges persist. Poverty, deeply entrenched traditional practices, and a lack of comprehensive awareness about the new laws continue to drive child marriage in some areas. Effective enforcement remains critical, requiring sustained efforts in community engagement, sensitization of local adjudicators, and inter-agency collaboration to ensure that the legal protections translate into tangible safety and justice for all children. The Penal Code also plays a role, with provisions against harmful cultural practices and unlawful carnal knowledge of a child, carrying severe penalties.

Zambia's recent legislative reforms, particularly the Marriage (Amendment) Act, 2023, and the Children's Code Act, 2022, represent a significant and commendable commitment to eradicating child marriage and combating school-related gender-based violence. By unequivocally setting the minimum age of marriage at 18 and criminalizing violations, the legal framework now provides stronger protections for children's rights to education, safety, and development. The proactive role of educators, as highlighted by the example of Mr. Nkonde and the "Connect with Respect" training, is indispensable in the effective implementation of these laws, transforming schools into vital fronts for child protection.

For legal practitioners, it is imperative to be fully conversant with these updated statutes, including the Anti-Gender-Based Violence Act, 2011, and the Education Act, 2011, to effectively represent victims and advise institutions on their legal obligations. While the legislative foundation is now robust, sustained efforts in public awareness, community engagement, and rigorous enforcement are essential to overcome persistent socio-cultural and economic drivers of child marriage and SRGBV. Practitioners should advocate for continued investment in these areas, ensuring that the spirit of these progressive laws is fully realized, and every child in Zambia can access education free from violence and exploitation.