Chief Chikwaka real name Witness Bungu has called on the government to consider removing children’s rights from the constitution arguing that they are conflicting with the culture of the country.
The Chief told the Senate recently that they are failing to reprimand children who are dressing improperly because of the constitutionally given rights.
Speaking during a Question and Answer Session in the Senate, Chief Chikwaka said “My question is should we let these children walk around improperly dressed. Imagine if my jacket was a dress, as short as it is and a girl sits at the Chief’s court, what are we saying Mr President.
“My reference is to the law with regards to the freedom of expression; the manner in which the youngsters are dressing exposing themselves. To them, this is how they justify their actions because of freedom of expression but as custodian of our culture and heritage, there is a conflict of the law with that regard.
“This is how the children, the young generation is expressing themselves and on the other side as elders, we reprimand them but the law comes into conflict,” said the Chief.
However, in his response, the Minister of Justice, Legal and Parliamentary Affairs Ziyambi Ziyambi said the rights can only be taken away or amended through a referendum and that it is also difficult because the country signed agreements to uphold children’s rights.
“I want to say in our Constitution, there are two chapters which cannot be amended before we go for a referendum; that is, Chapter 4 and Chapter 16. The other chapter is on oversight of human rights and the other one has to do with resettlement. These laws cannot be changed without going for a referendum.
“Looking at Chapter 4 as you mentioned, it gives the right to children, which means if we have two laws which are competing, it is said that law favours giving rights than taking away those rights.
“So, Honourable Senator Chief, if you are suggesting that children’s rights should be taken away, they use the law which favours them in terms of rights. Therefore, it implies that we must go back and reconstruct our Constitution and remove those rights.
“There will be a problem and it is something which is there nowadays. Honourable Senator Chief, we signed an agreement with other countries that we have to put into consideration issues to do with human rights, especially children’s rights.
“When we grew up, we used to be canned but right now to can your child, you are told that you have violated the child’s rights. Right now, what is in the Constitution is what we voted for. Therefore, our hands are tied; we cannot do anything except following the rights which were given to children in the Constitution,” he said.
