FEMALE PUPILS WHIPPED NAKED

LUYENGO – In a shocking incident at St. Christopher’s High School in the Manzini Region, pupils have come forward to allege that they were whipped while naked for noise making.

The troubling episode, said to have occurred last Sunday, has sparked outrage among parents and calls for a thorough investigation into the punishment which they view as alleged abuse. The incident has shed light on deeper issues regarding pupils’ welfare and the need for robust disciplinary practices within the educational system.

The affected pupils are said to be those in the institution’s boarding facility. It is alleged that at the time of the alleged corporal punishment, they were watching television. According to the girls, they were busy in the TV room, enjoying their time when a familiar male voice was heard, complaining about their noise levels. The girls alleged that the official grimly informed them that they would be punished for their behaviour.

The name of the official cannot be mentioned as the matter is still under investigation. “We then begged to at least go and dress up properly, but he refused us to do so,” they alleged. Some of the girls alleged they were naked, others left with only underwear. This was due to the hot weather at the time. There were those who wore towels, they claim. They alleged that the ones with towels were ordered to remove them before being whipped.

Despite the girls’ protests concerning their lack of clothing, the official allegedly proceeded to administer corporal punishment on the pupils. The girls alleged the grim event turned a seemingly innocent gathering into a traumatic experience. This is also said to have led to outrage among the school community.

Anonymity

Immediately after the incident, some of the girls are said to have contacted their parents to report the matter. Concerned parents who spoke on condition of anonymity wondered how this was allowed to happen and why an official who is not authorised to do so had whipped the children.
The parents alleged that it was not the first time such an incident had been reported to the school. They said the girls were also previously assaulted in a similar manner yet no action was taken.

According to a report of the United Nations Human Rights Council, the legality and practice of corporal punishment of children violates their fundamental human rights to respect for human dignity and physical integrity and to equal protection under the law. Under international human rights law – the Convention on the Rights of the Child and other human rights instruments – States have an obligation to enact legislation to prohibit corporal punishment in all settings, including the home.

According to the report, in Eswatini, corporal punishment of children is still lawful despite recommendations to prohibit it by the Committee on the Rights of the Child, other Treaty Bodies and during the 2nd cycle UPR (Universal Periodic Review) of Eswatini in 2016. The UN hoped the Working Group will note with concern the legality of corporal punishment of children in Eswatini.

The UN committee hoped States will raise the issue during the review in 2021 and make a specific recommendation that Eswatini enacts legislation to explicitly prohibit corporal punishment of children in every setting of their lives and repeal Section 14 of the Children’s Protection and Welfare Act 2012 and Section 29(2) of the Constitution 2005, as a matter of priority.

Section 29 (2) of the Constitution of the Kingdom of Swaziland (Eswatini) states: “A child shall not be subjected to abuse or torture or other cruel inhuman and degrading treatment or punishment subject to lawful and moderate chastisement for purposes of correction.”

Discipline

Article 14 of the Children’s Protection and Welfare Act 2012 provides for ‘justifiable’ discipline. The global call is that these provisions should be repealed and the law should prohibit all corporal punishment, in the home, schools and all other settings where adults have parental authority over children. In South Africa, corporal punishment, including spanking, is illegal for both children in schools and at home, with the Constitutional Court ruling that it is unconstitutional and a violation of children’s rights.

In Lesotho, corporal punishment is unlawful as a sentence for crime and the Children’s Protection and Welfare Act 2011 explicitly prohibits it, including in alternative care settings. However, it is not prohibited in the home, day care and schools.

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