Katherine Campbell
Iganga, Uganda
Women Alliance and Children Affairs (WAACHA)
Caning is a form of corporal punishment involving a determined number of strokes, lashes or hits from a cane most commonly on someone’s buttocks, back, or hands. In Uganda, caning lashes are often administered on the back, and with a thick stick.
It is illegal to cane students in Uganda. On September 9, 1998, the Ugandan government officially forbade the use of corporal punishment in schools and colleges. Yet, on June 10, 2013, a nine-year old boy, Yowana Yakubu was caned to death at his primary school in Iganga district, where I live.
Read more about this at http://mobile.monitor.co.ug/News/Pupil-dies-after-caning/-/691252/1879838/-/format/xhtml/-/dhjyfrz/-/index.html.
You might question how a law is continuously and defiantly violated fifteen years after being introduced into Ugandan legislation. Where is the disconnect? Implementation and enforcement.
Police officers, the authority one might rely on to enforce the ban on corporal punishment, can actually more commonly be found caning youth themselves. Additionally in June, students in a secondary school here in the district were striking against their school’s policies. The solution was to bring in police who caned students and chased them away from school.
Caning was outlawed in Uganda in 1998 for fairly obvious reasons. The practice of corporal punishment, particularly the corporal punishment of students, starting at the nursery level, is inhumane and in direct violation of international human rights. The Convention on the Rights of the Child—adopted, signed and ratified in 1989—contains many articles that support the outlawing of caning in an educational environment.
Of particular importance are Articles 7, 19, and 28. Article 19 states, “States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child,” (CRC, Art. 19, 1). How can students be educated to recognize and fend off violence and abuse elsewhere in an environment where they are learning in fear of abuse? A child has the inherent right to feel safe where he or she is receiving his or her education.
Section 2 of Article 28, which recognizes the right of the child to education, asserts, “States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child’s human dignity and in conformity with the present Convention,” (CRC, Art. 28, 3). Corporal punishment violates both provisions provided in the CRC on methods of discipline in educational institutions. Caning disregards a child’s human dignity by exposing the child to violence. Furthermore, it is in direct violation with other articles of the CRC, such as the protection of children from violence and abuse. Finally, Article 7 declares the child’s right to life obligating States to ensure the maximum possible survival and development of the child. As seen in the case of Yowana Yakubu, the corporal punishment of caning in schools can be lethal. Therefore, States have an obligation to strictly forbid this practice.
Still, in Uganda, recognizing the obligation and need to take action, thus passing the proper legislation, has not translated into the protection of the Ugandan child. This is a failure in implementation and enforcement on behalf of the government and authority figures, but it is also a failure on behalf of the adult population of Uganda. Since arriving here, I have come to realize this is a cultural issue, like so many human rights issues are. Many of the Ugandans I have spoken to about caning, highly educated Ugandans, mind you, are fervent supporters of corporal punishment in schools. Why? Because being caned has “made them who they are today.”
I interviewed an array of people living in Uganda on the corporal punishment of caning in educational institutions. Here are a few tidbits from those interviews. Most names have been changed for privacy reasons.
Ronald, a 25-year-old Ugandan university student currently interning at Uganda’s Ministry of Foreign Affairs: “Trust me, if I was not caned when I was growing up, I would be a menace to society. Adolescents learn from a good beating.”
Laura, a 29-year-old Ugandan professional, working for Uganda’s Ministry of Health: “Corporal punishment is necessary. Kids here, they aren’t like kids where you’re from. They don’t have toys, or things/privledges you can ‘take away’ from them. Tell a Ugandan kid to go sit in a corner for ‘time out’ and in five minutes you’ll look over to find them having a blast, playing with themselves and talking to their imaginary friends—all they have is their imaginations, and you can’t take that away. Now, caning—they understand that punishment.”
Erica, a 35-year-old Ugandan secondary school teacher: “It is too late for these students. All they know is caning. They just won’t respond to other forms of discipline.”
Noah, my supervisor, aged 36, and also a secondary school teacher: “I used to cane my students. I thought it was okay. But I have seen my error, and I will never cane my students again. But other teachers, most of them, they are impossible to convince. They see caning as the only what? The only solution.”
Mark, an American 27-year-old living in Uganda, and teaching in a primary school: “I fervently disagree with caning students. Before I came to Uganda, I was a teacher in the US, where obviously caning was not an option. So I am familiar with other successful methods of discipline. But teachers here, they don’t have that training and they become stuck in their ways. I just keep trying to illustrate for them that like them, I also turned out pretty well, BUT I was never once in my life hit, caned, or disciplined with corporal punishment.”
The secondary school I teach at canes their students illegally in a very official way. They have a written out list of all the students who need to be caned, and how many strokes they “deserve,” which hangs in the disciplinary office. I asked one of the teachers I am closest with at school, who I know canes her students, a few questions about caning at the school. She told me teachers are permitted to cane their students during class for small offenses, it is only for extreme offenses that students are turned over to the disciplinary office, where they will be written up on the list for their needed caning. This explained why I often see my fellow teachers entering and exiting their classrooms with a long stick in hand. This teacher also told me that sometimes parents of students come to the school and request that their children be caned.
I was not able to decipher whether they came with complaints of misbehavior occurring in the home, or if, without any observation, they assumed their child was not an exemplary student, thus worthy of being caned. In any case, the school will cane students if their parent makes such a special request. But fear not, this teacher concluded by offering me some “comforting” information, they can never exceed more than four strokes at once… If you read the attached article on Yowana Yakubu, you know he died after only one stroke.