Although there were no children that were
arrested following the 1 August 2018 postelection violence, among those arrested,
detained and tried after the January 2019
protests were children aged between 9 and 17
years. The children, along with adults, were
arrested and detained in police cells. All those
who were connected to the protests, including
children, were charged with public violence in
terms of section 36 of the Criminal Law
(Codification and Reform) Act [Chapter 9:23]
and were arraigned before the Magistrates
Courts. In Bulawayo, the alternative charges of
looting and theft were also put forward to the
accused children. The Judicial Service
Commission (JSC) reported that 12 children
were processed through the courts. However, a
local NGO that provides free legal services to
children, Justice for Children (JC) tracked the
cases and recorded a total of 51 children who
were arraigned before the Magistrates Court in
Harare, Chitungwiza and Bulawayo connected
to the violence.
1.4
Children as Collateral Damage
Although some children participated in the
January 2019 violence as perpetrators, correctly
put, children were victims of economic and
political decay – whether they found themselves
willingly participating in the skirmishes or they
were caught in the crossfire. For all intents and
purposes, children were essentially collateral
damage or incidental victims. It is within this
context that the assessment of the treatment of
children by the criminal justice system must be
understood. Several rights of children were
affected, as follows.
Arrests and Detention
Tens of children were arrested and detained.
Arrest and detention by their very nature are
egregious forms of violation of children rights,
which must occur only in limited circumstances.
The dragnet nature of the arrests, and the
subsequent treatment of children in custody and
in the court system significantly subtracted from
the protection of children.
Assembly and Education
In almost all urban centres in the country, schools
were closed in the week of the 14th of January
5
January 2019 arrested protestors being
transported to court
2019. From some of the schools came reports of
members of the ZNA threatening officials and
learners and forcing closure of those schools that
were operating. The motives of this were
unclear. In Harare some schools opened on
Monday, the 14th of January, but were closed
around mid-morning. Children could be seen –
including on some days during the week –
walking about the streets in school uniform,
during school hours. In most rural areas, schools
remained open for quite a few days, but were
eventually closed as the week progressed. This
included places like Zvimba and Murehwa. In
some schools, teachers were leaving their
workstations, leaving the children exposed and
confused. In Binga, at one school pupils
reportedly heard gun shots at their school.
Although teachers stay onsite at the school,
students were not attending school following
that incident. In Manicaland, as with many other
places, transport operators were unable to ferry
children to schools as all roads were barricaded.
The few schools that attempted to open were
forced to close. For instance, students from
Dangamvura, St Joseph’s and Sheni Primary
Schools in Mutare urban were returned home.
Children as young as Early Childhood
Development (ECD) level were forced to walk
back home on their own. Children got lost along
the way as they had not walked these distances
before. In Sakubva some children were seen
wondering along the roads not knowing where
to go. These were picked up by a good Samaritan
who took them to Sakubva Police Station where
they were taken to their homes with the help of
the police officers.
‘Hear them Cry ’ – An Analysis of State Violence Against Children During the January 2019 Protests