…Urges Fair Standards and Immediate Student Support….
LILONGWE-(MaraviPost)-The country’s Civil Society Education Coalition (CSEC) has commended the Ministry of Education for closing down Chaminade Marianist Secondary School in Lilongwe due to the use of corporal punishment and governance issues.
CSEC observes that the Ministry’s action aligns with both moral and legal imperatives, reinforcing the Government’s commitment to upholding the rights of children and ensuring compliance with the law.
In a press statement issued on Saturday, January 18, 2025 and signed by CSEC chairman and Executive Director Limbani Nsapoto and Benedicto Kondowe respectively says, “The Ministry of Education (MoE) has taken a clear stance against corporal punishment, a practice that is explicitly prohibited under Section 19(1) of the Constitution of Malawi, which guarantees freedom from torture and degrading treatment, as well as Section 4(e) of the Education Act, 2013, which mandates non-violent disciplinary methods.”
CSEC lauds Education Ministry, “This decision is further supported by international instruments such as Article 19 of the United Nations Convention on the Rights of the Child (UN CRC) and Article 16 of the African Charter on the Rights and Welfare of the Child (ACRWC), which obligate states to protect children from all forms of abuse and violence.
“The Committee on the Rights of the Child defines corporal punishment as any use of physical
force intended to cause pain or discomfort, including actions like hitting and degrading nonphysical punishments”.
CSEC oberves further, “Under Article 19(1) of the Convention on the Rights of the Child (CRC), states are obligated to protect children from all forms of physical and mental violence.
“The CRC interprets this to include corporal punishment and urges its prohibition in all settings, as emphasized in General Comment No. 8 (2006)”.
Reads the statement further, “Importantly, this ban on corporal punishment does not imply a prohibition on all disciplinary measures; rather, it promotes non-violent, constructive approaches that uphold performance and quality standards while respecting the dignity and rights of the child.
“While the closure of the school is justifiable given the circumstances, it is important to ensure that the interests of the affected students are duly protected. CSEC urges the Ministry to prioritize quick and effective remedial measures to support the students and restore the school’s operations”.
In addition, CSEC emphasizes the need to assess whether the closure of the school was the only viable remedy in this situation.
“Were there alternative interventions that could have allowed the school to address its shortcomings while continuing to serve its learners? This question warrants careful examination to inform future decisions,” questions CSEC.
Notwithstanding the foregoing, CSEC calls on the Ministry of Education to ensure that students, especially those preparing for national examinations, are provided with immediate alternative arrangements to mitigate academic disruption.
“Work with the school authorities to implement corrective actions, including governance reforms and capacity building on lawful disciplinary practices, to ensure the school meets required standards and can reopen safely.
“Apply the same level of accountability to all schools, public and private alike, that violate governance and legal standards to uphold fairness and maintain public trust in the education system,” urges CSEC.
The organisation appeals further, “Clearly define and enforce consequences for school authorities found in breach of the law, ensuring transparency and reinforcing a culture of compliance across the sector”.
CSEC reaffirms its commitment to advocating for the rights of students and the overall improvement of Malawi’s education system.
“As stakeholders, we stand ready to collaborate with the Government and other partners to ensure that all schools provide safe, inclusive, and rights-respecting environments for learning,” concludes CSEC.