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A CRITICAL ANALYSIS OF THE EXPULSION OF PREGNANT GIRLS FROM SCHOOL: A CASE STUDY OF TEMEKE DISTRICT, DAR ES SALAAM, TANZANIA

BY Salome ASSEY

Supervisor: Professor Julie Stewart

A Dissertation submitted in partial fulfilment of the requirements for a Masters Degree in Women’s Law, Southern and Eastern African Regional Centre for Women’s Law, University of

Zimbabwe 2012

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Abstract The growing number of girls dropping out of school out is Tanzania’s single greatest problem in education. This dissertation critically analyses how it is fuelled by the government’s practice of expelling pregnant school girls and refusing them re-admission to complete their studies after

giving birth. Ironically, this is done in open breach of provisions which specifically prohibit such practices and seek to protect and realise the rights of girls to an education which are contained in several regional and international Human Rights Instruments [such as the African Charter on the Rights and Welfare of the Child and African (Banjul) Charter on Human and People’s Rights] to

which Tanzania has bound itself. The writer sets out to investigate this problem taking as her research sites several schools within the Temeke District, Dar es Salaam, where, typically and, as the result of a pregnancy or fear of such, girls voluntarily withdraw themselves or are expelled from school while the guilty culprits escape unpunished and usually complete their education

untrammelled by an event which often proves devastating for their partners. Guided overall by the unique Women’s Law Approach, the writer conducts her research using a combination of

methodologies (including the Grounded Theory and Human Rights Approaches) in conjunction with complementary data collection methods to collect, analyse and present relevant and material evidence found in the law and relevant literature and from her respondents and key informants

(including students, teachers, government and NGO representatives, religious leaders and community members). The findings of the study reveal that the government is caught in the middle

of a raging debate. On the one hand, it ought to do everything possible to save helpless and often innocent pregnant school girls and new mothers (usually rejected by their families) from almost

inevitably falling into a doomed life of illiteracy and prostitution; it should empower them (especially in the realm of education) to fend for themselves and their new families (by, e.g.,

prohibiting expulsions from and enforcing compulsory re-admissions to school or similar learning institutions). On the other hand, members of the government continue to enforce their harmful and discriminatory practices against these helpless girls based on outdated policies and misinterpreted

and misapplied legislation incited by the judgmental spirit of a patriarchal society and culture; rather than their sharing blame for the problem (e.g., condoning parents’ preference for educating sons rather than daughters, encouraging early marriages for girls, failing to provide effective sex

education at school, condoning parental collusion with male culprits and condoning police and judicial corruption which allows male culprits to escape punishment) and actively seeking ways of

resolving it (as above), they choose, at worst, to condemn these young girls to almost certain penury and possibly death or, at best, offer them paltry and little known forms of vocational assistance. In

order to resolve this problem the writer finally suggests a number of positive recommendations including: following the lead of Malawi which has, in compliance with its international HR

obligations, amended its policies and laws to outlaw its government’s similar illegal practices and to bring in laws which will assist young female victims without being seen to condone or encourage

school pregnancies; actively and continually evaluating and monitoring the implementation of the new laws; establishing comprehensive and effective sex education at school; changing people’s attitudes to teenage pregnancy by educating them about the realities that cause it and working

together to find ways of living with it and resolving it.

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Table of Contents  

Table of Contents ................................................................................................................................ iii 

Declaration .............................................................................................................................................. vi 

Dedication............................................................................................................................................... vii 

Acknowledgements ............................................................................................................................... viii 

Abbreviations .......................................................................................................................................... ix 

Human Rights Instruments cited .............................................................................................................. x 

National Statutes, Regulations and Policies cited .................................................................................... x 

List of Cases cited ..................................................................................................................................... x 

List of Tables ............................................................................................................................................ xi 

CHAPTER ONE ...................................................................................................................................... 1 

1.0  INTRODUCTION ....................................................................................................................... 1 

1.1  Introduction ................................................................................................................................. 1 

1.2  Statement of the Problem ........................................................................................................... 2 

1.3  Historical Background .................................................................................................................. 3 

1.4  The Significance of the Study ...................................................................................................... 6 

1.5  Objectives of the Study ............................................................................................................... 7 

1.6  Assumptions ................................................................................................................................ 8 

1.7  Research Questions ..................................................................................................................... 8 

1.8  Structure of the Dissertation ....................................................................................................... 9 

CHAPTER TWO ................................................................................................................................... 10 

2.0  LITERATURE AND LAW REVIEW .............................................................................................. 10 

2.1  Literature Review ...................................................................................................................... 10 

2.1.1  The Prevalence of School Girl Pregnancy .............................................................................. 10 

2.1.2  Challenges faced by Teenage Mothers .................................................................................. 12 

2.1.3  Re‐admission of Teenage Mothers ........................................................................................ 14 

2.1.4  Sex and Reproductive Health Education in School ................................................................ 15 

2.1.5  Girls Education....................................................................................................................... 18 

2.2  Law Review ................................................................................................................................ 19 

2.2.1  International Instruments ..................................................................................................... 19 

2.2.2  Regional Human Right Instruments ...................................................................................... 20 

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2.2.3  National Laws, Policies, Regulations, Rules and Programmes .............................................. 21 

2.2.3.1  CONSTITUTION OF TANZANIA ................................................................................................... 21 

2.2.3.2  EDUCATION ACT .................................................................................................................... 22 

2.2.3.3  EDUCATION AND TRAINING POLICY ........................................................................................... 22 

2.2.3.4   LAW RE‐ADMITTING TEENAGE MOTHERS IN ZANZIBAR ................................................................. 23 

2.2.3.5   LAW OF THE CHILD ................................................................................................................ 24 

2.2.3.6  EXPULSION AND EXCLUSION OF PUPILS FROM SCHOOLS REGULATIONS, 2002 ................................. 24 

2.2.3.7  IMPOSITION  OF  PENALTIES AGAINST PERSONS  WHO  MARRY  OR  IMPREGNATE  SCHOOL  GIRLS, RULES  

2003 .................................................................................................................................. 25 

2.2.3.8  NATIONAL PROGRAMMES ....................................................................................................... 25 

CHAPTER THREE ................................................................................................................................. 27 

3.0  RESEARCH METHODS AND METHODOLOGIES ........................................................................ 27 

3.1  Research Methodologies ........................................................................................................... 27 

3.1.1  Women’s Law Approach ........................................................................................................ 27 

3.1.2  Grounded Theory Approach .................................................................................................. 28 

3.1.3  Human Rights Approach ........................................................................................................ 30 

3.2  Methods of Data Collection ....................................................................................................... 33 

3.2.1  Key Informant Interview ........................................................................................................ 33 

3.2.2  Individual Interviews ............................................................................................................. 34 

3.2.3  Group Interviews ................................................................................................................... 34 

3.2.4  Desk Research........................................................................................................................ 34 

3.3  Methodological Challenges ....................................................................................................... 37 

3.3.1  Attitudes ................................................................................................................................ 37 

3.3.2  Lack of Concentration and Seriousness ................................................................................. 37 

3.3.3  Difficulty in locating Pregnant School Girls ........................................................................... 37 

3.3.4   Bureaucracy .......................................................................................................................... 38 

CHAPTER FOUR .................................................................................................................................. 39 

4.0   RESEARCH FINDINGS AND ANALYSIS ..................................................................................... 39 

4.1  Expulsion of Pregnant Girls ....................................................................................................... 39 

4.2  The Law on the Expulsion of Pregnant School Girls .................................................................. 41 

4.3  Provision of Sex Education ........................................................................................................ 42 

4.4  Policy and Legislation concerning the Re‐admission of Pregnant School Girls ......................... 44 

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4.5  Should Teenage Mothers be re‐admitted to School? ............................................................... 46 

4.6  Punishment of the Perpetrators of School Girl Pregnancies ..................................................... 50 

4.7  Inequality between Female and Male Students ........................................................................ 53 

CHAPTER FIVE .................................................................................................................................... 56 

5.0   DISCUSSION AND RECOMMENDATIONS ................................................................................ 56 

5.1  Discussion .................................................................................................................................. 56 

5.2  The Way Forward ...................................................................................................................... 58 

5.2.1  Law Reform ........................................................................................................................... 58 

5.2.2  Sex Education ........................................................................................................................ 60 

5.2.3  Attitudes ................................................................................................................................ 60 

5.2.4  Corruption ............................................................................................................................. 60 

5.2.5  Lack of Evidence .................................................................................................................... 61 

5.2.6  Court Procedure ..................................................................................................................... 61 

Bibliography ...................................................................................................................................... 62 

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Declaration 

I, Salome Assey, do hereby declare that this dissertation is my original work and has not been presented or submitted anywhere else before. …………………… …………………… SIGNATURE DATE Salome Assey

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Dedication 

This work is dedicated to my late father, Mr. Elias Baltazary Assey for his care, love and support for my

education. I will always love and remember you. In the name of the Almighty God may your soul rest in

peace.

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Acknowledgements 

Firstly, I would like to thank God for giving me the strength that enabled me finish this programme without any problems. I would like to express my special thanks to Norwegian Ministry of Home Affairs and Olso University for the sponsorship offered to me which enabled me carry out this study and enhances my knowledge and career. I would also like to thank my supervisor, Professor Julie Stewart, for her good work in directing the course. I would also like to thank her for her efforts, guidance, support and encouragement during the research and writing of this dissertation. A special thanks also goes to Dr, Army Shupikai Tsanga for her teachings and the films which were very useful to our studies. To other SEARCWL staff for your cooperation and making this programme real and productive. To my boyfriend Mike, I thank you for your love, company and support throughout the programme. God bless you. Lastly, I would like to thank all the respondents and other people who, in one way or another, have made this work possible and successful.

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Abbreviations 

TAWLA Tanzania Women’s Lawyers Association

LHRC Legal and Human Rights Centre

KIWOHEDE Kiota Women’s Health and Development

TAMWA Tanzania Media Women’s Association

SAHRINGON Southern African Human Rights NGOs Networks

NNOC National Network of Organizations Working with Children

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Human Rights Instruments cited 

Universal Declaration of Human Rights International Covenant on Economic, Social and Cultural Rights Convention on the Rights of the Child Convention on the Elimination of All Forms of Discrimination Against Women African Charter on the Rights and Welfare of the Child SADC Protocol on Gender and Development in Africa African (Banjul) Charter on Human and People’s Rights The Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa (The Maputo Protocol or The African Protocol on Women’s Rights)

National Statutes, Regulations and Policies cited 

Constitution of the United Republic of Tanzania, 1977 Education Act, 1978 Law of the Child Act, 2009 Marriage Act, 1971 Penal Code of Tanzania Education (Expulsion and Exclusion of Pupils from Schools) Regulations, 2002 GN No. 295 Education (Imposition of Penalties against Persons who Marry or Impregnate School Girls) Rules, 2003, GN No. 263 The Protection Spinster and Single Parent Act No. 4 of 2005 (only applicable to Zanzibar) Tanzania. Ministry of Education and Vocational Training. Education and Training Policy (1995)

List of Cases cited 

Mfolo & others .vs. Minister of Education, Bophuthatswana (1994)(1)BCLR136(B) (Date of judgment 07/11/1991); 1992(3)SA181(BG) ‘The Columbia Case’, Crisanto Arcangei .vs. Collegun Culd de Celi, 11 November 1997

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List of Tables 

Table 1:  Showing the Respondents interviewed and the Interview Method ................................. 36 

1

CHAPTER ONE 

1.0  INTRODUCTION 

1.1  Introduction 

“I remember my sister fell pregnant when she was in form two. The teachers told her to stop coming to school when they noticed her pregnancy. Our father was very angry when he heard the news. He beat her badly and told her to go away as he did not want to see her in the house. As a result my sister ran away from home. She ran away and went to live with our aunt in Arusha who also did not treat her well. Since that time she has never come back home. I feel sorry for her as she was not able to continue with her school again. She wanted to be a doctor but her dream just disappeared after falling pregnant. She has been living a very difficult life since then. She finally decided to work as a house helper so that she can look after her baby.”1

These are the words of a 20 year old young girl explaining the experiences of her older sister. It

is the all too common story of what happens to girls who fall pregnant in school. They are

expelled from school and there is no opportunity for them to continue with their studies after

they give birth. As a result their future dreams, opportunities and hopes in life are destroyed.

Thus, many of them live a hard life, they end up engaging in prostitution, starting small

businesses, and some become housemaids while others get married early expecting to be

maintained by their husbands. Things might be very different for them if they were given an

opportunity to continue with school after giving birth. Sadly, however, an additional problem is

that when pregnant girls are expelled form school and return to their homes where one would

expect their parents to support them, what we find is that they lay all the blame for their

condition on their daughters and them and chase them out of their homes.

1  Interview of a girl on 28th Dec 2011 at Mbagala inTemeke. 

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1.2  Statement of the Problem 

Girls who fall pregnant in school are expelled although no specific provision of the law actually

authorises this course of action. Many of them are expelled in terms of the provisions in the

Expulsion and Exclusion of Pupils from School Regulations which provide for the expulsion of

pupils who commit certain acts such as theft, malicious injury to the property, prostitution, drug

abuse or offences against morality.

According to Haki Elimu (2011), the offence against morality is used as a ground for expelling

pregnant girls as it has been interpreted to mean that when a girl is pregnant, she has had sex out

of wedlock. Thus she has committed an offence against morality and therefore should be

expelled from school.

Another ground for expulsion is found in section 7(b) of the same Regulations which requires a

pupil to be expelled from school where the physical or mental health of the pupil makes it

undesirable for her to be admitted in school. It states as follows:

“Section 7. The expulsion of a pupil from a school may be ordered where: b) The physical or mental health of the pupil is such as to make it undesirable for

the pupil to be admitted to school.”

With regard to this provision, it has been interpreted to mean that when girls fall pregnant in

school, their health is not good enough to enable them be at school that is why they are then

expelled.

Sometimes, pregnant girls drop out when they find out that they are pregnant for fear of being

expelled and never come back to school. In those circumstances schools rarely make a follow up

to find out why a student is absent in school. As a result when they do not appear for two months

and there is no information at school about their whereabouts, they are automatically expelled for

truancy.

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When pregnant girls are expelled from school, they are not allowed to continue with their studies

even after delivery. There is also no law or policy which guarantee mothers continuing with

education and as a result of this many girls have been denied their right to education except for a

few whose families are financially capable of taking them to private schools. This is against their

right to education that is guaranteed in several international instruments which the country has

ratified. This also indicates the government’s failure to fully comply with the international

instruments in relation to gender equality in accessing education.

1.3  Historical Background 

Despite Tanzania’s efforts to ensure equal rights in accessing education between girls and boys,

there is still a problem of school girl pregnancies which has not been properly addressed. This

problem is found all over the country but for the purpose of this research I have selected Temeke

district as an area of my study to analyze and interrogate this subject matter. There are a number

of girls who do not complete their primary or secondary education due to early pregnancies.

According to the Ministry of Education statistics, it indicates that a total of 28,600 girls could not

complete their education due to pregnancy over the period of 2004-2008. Also according to a

Legal and Human Right Centre 2010 survey, a major hindrance to the ability of girls to complete

education is pregnancy.

Girls who fall pregnant in school either drop out or are expelled from school and are not allowed

to continue with school after delivery. This is a denial of a girl’s right to education which is

important to her development and access to opportunities. As pointed out by Omari (1994) lack

of education generates few opportunities beyond the role of wife and mother. It impedes them in

acquiring skills for productive employment.

Among other factors, pregnancy is the main factor leading to girls’ dropout from school.

Colclough et al (2003) noted that previous studies in Tanzania have suggested that fear of

pregnancy is an important reason for girls dropping out of school. According to the World Bank

(1991) it has been estimated that at secondary level, up to one third of all girls enrolled are

4

expelled due to pregnancy. It has also been identified by UNICEF (1995) in one district in

Tanzania that a significant proportion of girls get married immediately after primary school

because of the parental fear of their getting pregnant if they were to go to secondary school.

In Tanzania and other countries, it is common for pregnant girls to be expelled from school.

However there are some countries which have developed pregnancy policies allowing girls back

to school after giving birth. Onesmo (2008) observed that the practice of expelling pregnant girls

from school happens almost all over the world but currently some countries like Malawi, South

Africa and Australia have tried to come up with policies accepting pregnant teenage mothers

back to school. In the case of Tanzania such a policy has not been developed so far. Bebien

(2010) reported that when the then Deputy Minister of Education Mwantumu Mahiza was

challenged by an official from the opposition to explain the measures taken by the government to

reduce the number of girls falling pregnant at school, he said that his ministry is preparing new

laws and policies to address the issue.2

With regards to international instruments, Tanzania is a signatory to many international

instruments including the United Nation Convention on the Rights of the Child (CRC), the

Convention On Elimination of All Forms of Discrimination Against Women (CEDAW) and the

African Charter on the Rights and Welfare of the Child (ACRWC) which explicitly require that

states take measures to ensure pregnant girls have an opportunity to continue with their education

but Tanzania has not complied with this requirement.

Teachers are also implicated in schoolgirls’ pregnancies and there are no strict measures taken

against teachers identified as having impregnated school girls. As stated by Nkya (2011) an

analysis conducted by Tanzania Media Women’s Association (TAMWA) on culprits of school

pregnancies reported in news stories published by local newspapers between December 2010 and

the end of March 2011 revealed the bitter reality of some male teachers including heads of

primary and secondary school teachers who were the culprits of pregnancies which stopped girl

children from pursuing education to higher levels. It was further reported that the practice of

2 An  official  from  the  Parliament  challenged  the Deputy Minister  of  Education  on  February  10,  2010  during  a National Assemby Session. 

5

teachers indulging in sex with students not only risked underage unwanted pregnancies which

contributes to maternal deaths but also subjected students to the eminent danger of contracting

HIV-AIDS.

In Tanzania there is a provision for minimum age of marriage. This is provided in the Law of

Marriage Act where it states in terms of Section 13 that a girl is allowed to marry at the age of

15. A court may also grant leave for a girl to get married at the age of 14 years if it is satisfied

that it is desirable to do so. But for a girl under the age of 18 years to be married she will need

the consent of her parents and this is provided for in Section 17 of the said Act. For boys the

minimum age of marriage is 18. The problem with this law is that this is the same age when a

girl is expected to be in school but the boys would have finished their education at that age of 18.

The provision of different minimum ages of marriage between males and female has been

justified by Ezer (2006) on the grounds that at the age of 18 the boys would have finished

education and would be able to take care of the family but for the girls they can get married early

because they will just stay at home doing domestic work and being dependant on the husband.

Allowing girls to get married early thus shortens their education path and their ability to

participate in development activities is curtailed. There is a need to also give girls the same

opportunity as boys to complete their education. Erasto and Aman (2011) reported the country

UNICEF representative Ms. Dorothy Rozga, when launching a report on the Adolescence in

Tanzania, as saying that the importance of young girls receiving a good education is that it

improves their chances of getting a good job to support themselves and their families.

Women activists have been pushing the government to review those provisions of the above law

but due to the sensitivity of the issue the government says it intends to seek opinion from the

public before any review is carried out. Women living under Muslim Laws (2007) quoted

Ananilea Nkya saying that:

“The government should make it illegal for a girl to be married when younger than 18 because she is still a minor as far as the country’s constitution is concerned.”

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Mwalongo (2012) reported the Southern African Human Right NGO Networks citing the Law of

the Marriage Act as among discriminative laws as it allows marriage of girls below 15 years.

This directly contradicts the Law of the Child Act which defines a child as any person below the

age of 18 which means that the law of Marriage Act condones the marriage of children.

There are laws in place providing punishment to people who impregnate school girls but they are

rarely enforced3. This has been attributed to the tendency of pregnant school girls and their

families to hide the identity of the perpetrators which makes it difficult for them to be

prosecuted. Additionally, these school pregnancy cases when taken to court are not seriously

dealt with. HakiElimu (2011) found that it has been discussed in the media that school pregnancy

cases of known offenders are recorded at the police stations and courts but have not been

effectively handled. One of the reasons for this is the fact that the perpetrators bribe the officials

who work in these institutions.

This study focuses on the problem of school pregnancy in general and the need for pregnant girls

to continue with education after delivery. It further interrogates the factors contributing to

school pregnancies and exactly how pregnant girls are affected when expelled from school and

how teenage mothers can be assisted in continuing their education after delivery.

1.4  The Significance of the Study 

Gender equality in education is not effectively implemented in Tanzania as girls who fall

pregnant in school are expelled and are not allowed to come back to school once they have given

birth while boys responsible for causing a girl’s pregnancy are allowed to continue This has led

to a number of girls especially those coming from a poor background being denied access to

education. Some of these girls have proven to be very intelligent but they are denied the right to

3 Punishment for impregnating a school girl in the ‘Imposition of Penalties to Persons who Marry or Impregnate a school  girl’  rule  is  three  years  imprisonment while  punishment  for  the  rape  of  a  girl  under  the  age  of  18  is imprisonment for life under the Penal Code. 

7

continue with their studies just because they fall pregnant in school when at times it is not their

own fault.4

Thus, I am hopeful that this study will make the government consider the issue further so that it

reviews its educational laws and policies so as to cater for teenage mothers in accessing

education and also to address the situations which contribute to early pregnancies. This study

will also come up with some recommendations and suggestions that might be used in addressing

the problem of school girl pregnancies so as to implement and realize young mothers’ right to

education.

1.5  Objectives of the Study 

The main objectives of this research were:

1. To analyze factors which lead to the expulsion of teenage girls from school when they

fall pregnant.

2. To find out whether schools provide sex education.

3. To explore possible policy and legal measures that could be put in place to address the

situation of pregnant school girls.

4. To investigate the extent to which school girls are negatively affected when teenage

mothers are re-admitted.

5. To assess the extent to which parents financially support the cost of educating their

daughters who have become teenage mothers.

4 Girls may fall pregnant as the result of rape, forced marriages, and failure of the parents to perform their duties to care of them. 

8

1.6  Assumptions 

1. Teenage girls are expelled from primary and secondary schools when they fall pregnant.

2. Tanzania has no legislation or policies which address the situation of pregnant school

girls.

3. Schools do not provide sex education.

4. There is a public view that re-admitting teenage mothers in school encourages more girls

to become pregnant.

5. School girls who fall pregnant are stigmatized both by the school system and society at

large.

6. Parents are not willing to financially support the cost of educating their daughters who

have become teenage mothers.

1.7  Research Questions 

1. Are teenage girls expelled from primary and secondary schools when they fall pregnant?

2. Do schools provide sex education?

3. Does Tanzania have any legislation or policies which address the situation of pregnant

girls?

4. Does the re-admission of teenage mothers encourage more girls to become pregnant?

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5. Are school girls who fall pregnant stigmatized both by the school system and society at

large?

6. Are parents willing to financially support the cost of educating their daughters who have

become teenage mothers?

1.8  Structure of the Dissertation 

The first chapter gives the back ground of the study, the significance of the study, the statement

of the problem, the objective of the research and the research questions and assumptions. Chapter

two consists of the literature which focuses on the issues of school girls pregnancy, the

challenges faced by teenage mothers, the re-admission of teenage mothers and sex education and

reproductive health education in school. It also consists of a discussion of the human rights

framework at international, regional and national level in respect of the research study. Chapter

three consists of the research methods and methodologies used during the research and an

explanation as to how each was used. The limitations of the study are also found in this chapter.

The findings of the research and analysis are found in chapter four and lastly chapter five which

contain the discussion and a possible way forward.

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CHAPTER TWO 

2.0  LITERATURE AND LAW REVIEW 

Before starting my research I undertook a study on literature relating to girls education and the

right to education in general together with teenagers access of information on sexualities in both

Tanzania and other countries. I further reviewed the human right provisions, laws and policies in

relation to the study. I have also looked at previous research and findings done in relation to the

subject matter. The literature review assisted me in providing a theoretical framework within

which to operate.

2.1  Literature Review 

2.1.1  The Prevalence of School Girl Pregnancy 

Like Tanzania, in Malawi pregnancy was mentioned as an important reason for girls leaving

school early. Pregnant girls are expelled from school when noticed by school authorities or they

drop out themselves when they discover that they are pregnant for fear of being expelled. In the

research done by Alber, E etal (2008), they found that it is a normal procedure in primary and

secondary school to expel pregnant girls when the school authorities notice their pregnancy. The

research further found that the expulsion is commonly practiced throughout Tanzania even

though there is no explicit provision in the Education Act that pregnancy is grounds for

expulsion.

Some of the factors contributing to school pregnancy are poverty and economic hardship. For

example one of the pregnant girls, Rechal interviewed in (Puja and Kassimoto 1994) said the

reason for her to become pregnant was basically economic. She was living with her step sister

and her father was only paying her school fees but she had to take care of her own personal

expenses. She then found a male friend who supported her financially but she finally fell

pregnant which lead her to be expelled from school.

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Poverty has also been pointed by Ibrahim, Et al (1999) as among the major circumstances

contributing to school pregnancy. He explained one account where a 16 year old girl who was

living with her grand mother was impregnated by a butcher. She used to get free meat and good

quality meat from him and as a result she felt unable to refuse his request to sleep with him.

When she fell pregnant she was expelled from school and her relatives kicked her out.

Another factor is peer group influence whereby girls, due to lack of the right information, are

easily influenced by their friends. (Puja and Kassimoto1994) quoted several girls explaining how

they were influenced by friends who had boy friends and were better off economically and this

influenced their decision to have male friends. The study of (Puja and Kassimoto, 1994) also

quoted parents of girls who had been expelled from school due to pregnancy saying that

ignorance and influence from peer groups were the main reasons that led their daughters to get

into the trap and become pregnant. Zombwe and Rugaba (2011) found that many parents do not

use their time to talk to their children about sexual relations and how to develop good morals. As

a result they end up being influenced by friends to engage in sexual relationships hence

pregnancy.

Pregnancies in school have been worsened by initiation ceremonies where girls receive education

on certain physical aspects of puberty. (Peasgood et al,1997) observed that initiation ceremonies

come with social conditioning which itself jeopardize a girl’s chance of continuing with

education because of some of the aspects that they are taught. Some of these aspects are not to

say no to a man and how to sexually satisfy him. It was further observed that after being

initiated, the performances of many girls at school deteriorate, others drop out of school or are

expelled for becoming pregnant. Teachers were also noted in this study as seeing these cultural

practices to be a disruptive force which pulls girls away from their studies and places them in a

dilemma of not knowing exactly where they belong.

According to (Colcclough etal 2003) early marriage was not found to be an important issue in

Tanzania in relation to girl dropouts from school due to the fact that primary school is

12

compulsory and there is legislation to imprison parents who do not enrol their children. However

pregnancy was identified as an important reason for girls dropping out of school.

Irresponsibility on the part of government leaders has been cited as another factor behind school

girl pregnancies. As revealed by Tanzania Media Women Association in the Citizen Newspaper

in Tanzania drop out cases was a result of leaders “turning a deaf ear” on the problems facing

schools. It was further stated that according to a survey conducted within 17 regions, it revealed

that many elected leaders have not been visiting schools falling under their jurisdiction to find

out the problems facing schools and how they can address them. The report further argued that

the absence of feeding programmes, long distances between homes and schools, a shortage of

teachers and teaching materials were also factors that contributed to the problem.

2.1.2  Challenges faced by Teenage Mothers 

There are a number of challenges that teenage mothers face in Tanzania including the denial of

education. Once a girl falls pregnant in school, she is expelled from school and there is no law

allowing her continues with education after delivery. This has led some of them to get married

early, start up families and face hard economic conditions fighting to get basic needs for their

families. In her study Rugumyamheto (1998) noted that the foremost limitation faced by these

teenage mothers is the lack of training and therefore they can not easily get absorbed into the

labour market or be self employed. According to the Ministry of Education 2006-2010 Basic

education statistics in Tanzania nearly 8,000 girls drop out of school as a result of pregnancy

every year at the same time there is no data showing that these girls return and complete their

education.

Abortion is another issue associated with school pregnancy. For fear of being expelled, the girls

when they know that they are pregnant abort secretly. And because they do not want to involve

other people even their parents, they decide to use simple and cheap means of aborting which

might be dangerous to their health. Hallam (1994) found that reports of girls resorting to

abortions without any counselling or post abortion medical care are common. He said that in

13

both Ghana and Nigeria, former secondary school students interviewed by African rights recalled

cases of girls trying to self abort using coat hangers. Out of ignorance and desperation, some

resort to various alternatives to induce abortion such as taking herbal medicine and teas, with

unknown side effects. Also former students interviewed from Ghana and Zaire spoke of cases

where school girls died after trying to abort.

According to Liljestrom (1998) available data on female death indicates that 60 percent of

teenagers who die of abortion in Tanzania die either at home or when they get to hospital late. In

my view if the girls were not expelled from school there would not be many abortions and

maternal deaths.

There are also some girls who end up going into prostitution. After being expelled from school

they become idle as they do not have jobs due to their lack of education. Even if they get a job it

is usually of a lower standard and the salary obtained cannot sustain their life needs, and hence

they resort to prostitution which is very dangerous as they may contract HIV AIDS and become a

burden to the family as they try to take care of them. Zombwe (1994) quoted a school girl from

Forest Hill Secondary School in Mororgoro who said that:

“Others start to engage themselves in prostitution, I have witnessed three girls whom I was schooling with fall pregnant, and all of them have become prostitutes so as to get money for self support and to keep them looking good.”

Another challenge faced by teenage mothers is negative attitude and stigmatization by society.

They normally do not expect girls who fell pregnant in school to do well in their studies when

they are re-admitted. For example in Zambia where they have a re-entry policy for admitting

school girls after they have given birth, very few girls return to school due to perceived stigma

and bullying from their peers (Nyirenda, 2012). But this is not always true. Teenage mothers can

do wonders and succeed when they are encouraged and supported. Rugumyamheto (1998) in her

study learnt from teachers at Mama Clementina Foundation Hostel in Kilimanjaro, Tanzania that

despite the pregnancy, teenage mothers manage to continue with their studies and their

14

performance was not affected. This was due to the positive attitude of the teachers and fellow

students who have great sympathy for the girls.

2.1.3  Re‐admission of Teenage Mothers 

The issue of re admission of teenage mothers in school has been debate for a long time. There

are those who hold the view that allowing pregnant girls back to school will encourage other

students to become pregnant. As found in Malawi by (Colclough, 2003) one case of school

pregnancy could result in parents of other girls withdrawing them from school, to avoid the risk

of it happening to them. That is why although Malawi has changed its policy to allow pregnant

girls back to school after giving birth, few girls have taken advantage of this because their

parents were afraid that they would become pregnant again.

HakiElimu (2011) also found that currently in Tanzania, there is a common view held by many

educators that pregnant girls and child mothers do not belong in school. They believe the

presence of such girls is a threat to the maintenance of order at school and will lead to social

chaos. If pregnant girls or child mothers are to be allowed at school, other girls will become

infected with the notion that such behaviour is acceptable and will engage in early sex resulting

in pregnancies.

Those who are against readmission claim that when pregnant girls are allowed back to school

they will lower the quality of education provided in schools and that there will be no discipline at

school as the girls will no longer respect their teachers. Ms Monica Saria, the head mistress of

Kisutu Secondary School when interviewed by the Citizen reporter said that re-admitting teen

mothers will likely influence other pupils in a negative way. In her view a school should be a

place for children to learn and not for mothers. Additionally, some national leaders view early

pregnancy as a dishonour to the nation. For example the Honourable Mungai, a member of the

parliament and the former Minister for Education was reported in the Majira Newspaper in

October 2004 equating prostitution with the pregnancy of girls and that is why many are expelled

from secondary schools in Tanzania.

15

Others think that pregnant girls should be returned to school because they need education most

so that they will be able to liberate themselves and take care of their children. To them, expelling

these girls is a punishment which they do not deserve. For example HakiElimu (2011) believes

that education is a right of every child, including those who become pregnant. Pregnancy does

not remove the right to education because despite being pregnant, she is still a child and need

education like others. To expel these children is to mistreat them and their new born children

who are innocent. HakiElimu is of the view that education is the best way to liberate women and

girls in society, particularly those affected by pregnancy; therefore, they should be encouraged to

continue with their studies even after delivery.

Various views have been given on how pregnant girls can be readmitted to school after delivery.

Some recommend that teenage mothers should be re-admitted to the same school after giving

birth. The evidence shows that there is no harm in doing that though there might be some

challenges like relationships with other fellow students. However this was recommended to be

the best away as the pregnant girls themselves will not feel segregated and get the opportunity to

cooperate with others.

2.1.4  Sex and Reproductive Health Education in School 

Among the factors contributing to school pregnancy is the lack of adequate sex education in

school which would enlighten girls on how to protect themselves from early and unwanted

pregnancy. Hallam cited a Senegalese NGO confirming how adolescent girls are relatively ill

equipped in getting access to contraceptives, or even information about sex.

Long ago, girls got sex education through the aunties or elders in the family but now due to

modernization and the changing family structures it is not easy for the girls to get those

teachings. For example Hallam noted that changes in the family structure in Zimbabwe have also

made traditional ways of educating children about sex difficult. A teenage explained that:

16

“I should think that these days the children are left in the open about sex. Because like in the old days, sex education was the job of the aunt but now she does not have responsibility, so your mother is supposed to do it. If your mother does not do it and the teacher does not do it, you are left in the open. You hear from your friends.”

The traditional practices used for passing information on morals, sexual skills, birth control, and

pregnancy to teenagers have also been criticized that they also contribute to teenage pregnancy

due to the nature of the teachings which incite girls to enter into sexual activities. For example,

the teachings on how girls should handle men and satisfy them sexually. Colclough (2003) found

that in Tanzania initiation ceremonies were considered to be a critical problem for girls’

schooling. In a discussion with teachers, they mentioned that girls interests in schooling decline

dramatically particularly after being initiated. They added that this often led to poor performance

and eventual drop out from school. Despite all this, traditional practices are still good but they

need to be transformed in such a way they do not misguide young children but instead teach

them good morals and how to respect themselves as women and protect themselves from early

pregnancies.

However there are also positive aspects to the initiating rites. They used to teach youth on sexual

relations matters and preparing them to adulthood but have disappeared due to the introduction

of modern educational system. There is therefore a need for the youth to be taught those matters

in the current education system. However this is not happening and as a result youth miss that

important education, hence the early pregnancies and contraction of sexually transmitted diseases

like AIDS. Liljestrom et al (1998) also found that while the customary initiation is loosing its

context the modern education system remains ill equipped to prepare the young for adulthood.

Further, the school hesitates to provide new medical devices for fertility control and is even less

prepared to discuss the contradiction between sacred clan values and the rational and

individualized values of modern education.

Moreover sex education has not been introduced in school in some countries such as Namibia

and Ghana due to culture and religion. In some places it is taboo to talk about sexual matters in

public. On the other hand both Christianity and Islam are also a reason for not including sex

education in school as there is a belief that there is no logic of teaching students about sex

17

matters when they are still children and not married. Starting to teach them will incite them to

engage in sex before the right time that is when they are married.

As a result of that Hallam (1993) concluded that regarding sex education as taboo has stifled

debate and discouraged the search for constructive solutions to the problem of teenage

pregnancy. Many people have cited religion as a determinant to keep sex education out of the

curriculum. For example the ministry of education in Kenya had to back down from its plan to

include sex education in the curriculum.

In Tanzania, Mbonile and Kayombo (2008) observed that during the introduction of sex

education in 1980’s, religious leaders were against the programme because it was thought it

would perpetuate promiscuity to the adolescents. However the recent findings from the research

conducted by them at Kinondoni Municipality in Dar es salaam shows that participants from

different religion affiliations were in favour of the introduction of sex and reproductive health

education in school. The study further revealed that Catholic religious leaders have even gone

further by providing sex and reproductive health education in different forms through seminars

to youth and also during religious classes.

On the other side there are those who are for this idea of teaching sex education in school. They

argue that students need to be informed early so that they will not end up making mistakes. If

they are not educated in school they might get the wrong information from other friends which

can lead to pregnancy and jeopardize their life. Some of the people supporting inclusion of sex

education in school are doctors as cited by Hallam pointing out that schools is the best place for

youngsters to learn a responsible attitude towards sex, their concerns are also heightened by fear

of AIDS. They argue that leaving teenagers look to their peers for information and guidance is a

dangerous abdication of social responsibility.

It is also pointed out by Mbonile and Kayombo (2008) that sex education and reproductive

education is important to adolescents because it is expected to empower youth with the right

information on understanding their bodies and being responsible for whatever they do with their

bodies, thus cases of unwanted pregnancies and HIV infections would be reduced.

18

In its 2008 concluding observation on Tanzania, CEDAW also recommended that sex education

be widely promoted and targeted at adolescent girls and boys, with special attention paid to the

prevention of early pregnancy and control of sexually transmitted infections5.

2.1.5  Girls Education 

Factors related to cultural norms, traditional beliefs and practices have been noted as having a

strong influence on girls’ enrolment and performance in school. (Colclough et al, 2003) found

that some societies regard pregnancy of unmarried daughters as culturally shameful. Therefore to

avoid embarrassment, parents in some rural areas, give their daughters in marriage as soon as

they reach the age of puberty and sometimes earlier. Thus once married, it is very unusual for

girls to continue with their schooling as they are considered as adults and cannot participate in

school activities which are considered childish.

There are also negative attitudes toward a girl’s education in that parents prefer to educate a boy

child to a girl because they think that there are no benefits of educating a girl child since she is

going to be married and join another family. Others are also of the view that girls are easy to

control in that they can just stay at home and help their mothers doing household chores. For

example an Ethiopian father was noted in the study of Colclough‘s work saying that parents

including himself prefer to send boys to school. This was due to the fact that boys when out of

school can easily develop bad characters and may engage in crime whereas girls stay at home

without causing problems.

5 CEDAW concluding observation, 2008. 

19

2.2  Law Review 

2.2.1  International Instruments 

Tanzania is a signatory to several international and regional human rights instruments which

guarantee equal rights for both boys and girls in accessing education. As a member state to those

international instruments, Tanzania is required to take measures to ensure that even pregnant

girls have access to education after delivery. The following are some of the human rights

instruments which the state has failed to effectively comply with.

The right to education is guaranteed under article 26 of the Universal Declaration of Human

Rights (UDHR). It provides for right to education and free and compulsory elementary

education.

Under article 13 of the International Covenant on Economic, Social and Cultural Rights

(ICESCR), the states are required to recognize the right of every one to education which need to

be directed to the full development of the human personality, sense of its dignity and strengthen

the respect of human rights and fundamental freedoms.

The Convention on the Rights of the Child (CRC), also insists on the state parties to the

Convention to recognize the right of the child to education by making primary education

compulsory and available free to all and by taking measures to encourage regular attendance at

school and reduction of drop out rates and make educational and vocational information and

guidance accessible to all children (Article 28).

Furthermore as a signatory to the Convention on Elimination of All Forms of Discrimination

against Women (CEDAW) Tanzania is committed to take all appropriate measures to eliminate

discrimination against women in order to ensure to them equal rights with men in the field of

education through:

“The reduction of female student dropout rates and the organization of programmes for girls and women who have left school prematurely.”

20

(Article 10(f) of CEDAW)

2.2.2  Regional Human Right Instruments 

The Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in

Africa commits state parties to the elimination of barriers to girls’ education. In this regard the

state parties are required to:

“Promote the enrolment and retention of girls in schools and other training institutions and the organization of programmes for women who leave school pre maturely.”

(Article 12 (2) (c))

SADC Protocol on Gender and Development in Articles 11 and 14 require state parties to adopt

policy, law and special programmes to ensure girls have equal access to education. States are

further required (in terms of Article 14) to enact (by 2015) laws that promote equal access to and

retention in primary, secondary and vocational training. This will enable pregnant girls to return

to school.

Tanzania is a signatory of the African Charter on the Rights and Welfare of the Child (ACRWC)

which explicitly recognizes the right of a pregnant girl to education. Article 11 (3)(a) and (e)

requires states parties to take measures to achieve the full realization of the right to education

which includes regular attendance at school and reduction of dropout rates. Article 11(6) further

requires states specifically to ensure children who become pregnant before completing their

education have an opportunity to continue with their education. Harcourt (1996) found that in

response to this, certain countries such as Kenya, Zambia, Botswana, Guinea and Malawi now

permit the re entry of girls into formal education after pregnancy. However this can be subject to

limitations, notably a prohibition against re-entering the same school.

As referred to by Gallagher (2006) courts in other countries such as Namibia found that even

temporary suspension on the basis of pregnancy is impermissible discrimination in respect of the

right to education. The Supreme Court of Columbia has also established an important precedent

21

by demanding that school regulations which envisaged penalization of pregnancy by suspending

pregnant girls from schooling should be altered to allow them back to school 6.

Similarly, in South Africa in the Mfolo case from Bophuthatswana the court found a rule

requiring the suspension of pregnant students to be discriminatory. This regulation was

challenged on the basis that it was in conflict with the provision of the constitution which

provided for equality before the law and prohibited discrimination on the basis of sex. The

Ministry of Education advanced a number of possible purposes for the regulations including

morality, health, discipline but the court found that non of these purposes justified the blanket

regulation which was ruled to be unconstitutional7.

2.2.3  National Laws, Policies, Regulations, Rules and Programmes 

2.2.3.1  CONSTITUTION OF TANZANIA 

The right to education as stipulated in the Human Rights Instruments is not specifically included

in the Bill of Rights in the Tanzanian Constitution. However it is included in the directive

principles under Article 11(3) that the government will make an effort to ensure that all persons

are afforded equal opportunity to pursue education. Similarly, the constitution also prohibits

discrimination under article 13. The right to education as a directive principle should be read

together with this article which also reflects international conventions guaranteeing freedom

from discrimination.

Rwezaura, quoted Professor Goonesekere suggesting that national constitutions represent a

powerful value framework that should be used to link with international standards. A comparable

suggestion was also made by the former Chief Justice of Tanzania, The Honourable Francis

6 UN Commission on Human Rights (2000).  ‘The Colombia case’ referred to Supreme Court of Colombia Crisanto Arcangei .vs.Collegun Culd de Celi, 11 November 1997. 7 Mfolo & Others vs. Minister of Education, Bophuthatswana (1994)(1)BCLR136(B) (Date of judgment 07/11/1991); 1992(3)SA 181(BG). 

22

Nyalali in 1994 when he advised on how children’s rights can be enforced though at that time

Tanzania did not have a law domesticating the children’s conventions. In that regard he stated:

“The bill of rights embodied under the constitution covers all those areas of the convention which concern human rights in general and courts can draw from them to ensure that children’s rights are fully protected.”

(Hon. Francis Nyalali cited by Rwezaura)

This means that though currently Tanzania does not have a policy or law re-admitting teenage

mothers in school as required by the international conventions, the constitutional provision in the

bill of rights can be used to enforce that right. However this may not be effective as the right to

education is not contained in the bill of rights8 but at the same time that can be challenged

through equality and non discrimination provisions guaranteed in the constitution.

2.2.3.2  EDUCATION ACT 

Some fundamental aspects of the right to education have been outlined in section 35(1),(2) and

(3) of the Education Act which includes compulsory primary school education to all children,

regular attendance of students in schools and requiring parents to ensure compulsory attendance

of their children in primary school. It also provides for non-discrimination in accessing education

under section 56(1) and (2). However HakiElimu (2011) criticized this law that despite Tanzania

having ratified international instruments such as ICESCR, CEDAW, CRC, ACHPR and

ACRWC that prohibit sexual discrimination, Section 56(2) of the Education Act is silent on

discrimination on the ground of sex. On the other hand, the provisions of the Education Act are

too general and they do not specifically address girls who fall pregnant in school. It needs to

consider and protect their specific right to education.

2.2.3.3  EDUCATION AND TRAINING POLICY 

8 The Right to Education  is contained  in directive principles which are not enforceable [Art 7(2) of the Tanzanian Constitution]. 

23

There is also an Education and Training Policy which promotes access to education by focusing

on equality for all children as a basic right. However the policy acknowledges that the

performance of girls is low, this being attributed to cultural attitudes and the preference for

educating male children and high dropouts rates due to early marriage and pregnancy9. It has also

been reported that a number of interventions are being made by the Tanzanian government to

improve the accessibility of girls to education in relation to dropouts due to pregnancy and early

marriage including the introduction of the re-entry policy component on pregnant school girls

which is under review. However, it is still not known when that policy will materialise as the

matter has been under discussion for a long time.

2.2.3.4   LAW RE‐ADMITTING TEENAGE MOTHERS IN ZANZIBAR 

Unlike Tanzania mainland, Zanzibar has its own law allowing young mothers to return and

continue with school after delivery. The law is called the Protection of Spinster and Single Parent

Act (Act 4 of 2005). In terms of Section 4(2) it allows girls suspended for pregnancy to be

reinstated to school in the next academic year or any time deemed to be most appropriate by the

education authority but in any case the suspension should not exceed two academic years.

The Zanzibar marriage law also allows girls at the age of eighteen and above to get married

while still at school. However Masabo and Liljestrom (1994) found that those girls who get

married and continue with school face some problems as they are more likely to suffer emotional

pressures from their spouses which may cause them to drop out of school. It was further stated

that very few girls are encouraged by their husbands to continue with school.

9 Replies to the list of issues to be taken up in connection with the consideration of the forth periodic report of the United Republic of Tanzania. (CCPR/C/TZA/4). 

24

2.2.3.5   LAW OF THE CHILD 

The Law of the Child also declares the right to education for children and forbids gender based

discrimination. Sections 5(1) and (2) and 9(1) state that children have a right to education, that

the parents or guardians have a duty to provide education, that no person can deprive a child of

the right to education and that children with disabilities are equally entitled to education. Despite

these provisions HakiElimu (2011) argued that this law has failed to incorporate the meaning of

education that is found in the Convention of the Right of the Child.

2.2.3.6  EXPULSION AND EXCLUSION OF PUPILS FROM SCHOOLS REGULATIONS, 2002 

HakiElimu (2011) found that many people point to this Regulation which is found in the 2002

amendment to the Education Act as the basis for the practice of expelling girls from schools. It

states as follows:

“Section 4 The expulsion of a pupil from a school may be ordered where: b) The pupil has committed a criminal offence such as theft, malicious injury to

property, prostitution, drug abuse or offence against morality whether or not the pupil is being or has been prosecuted for an offence.”

HakiElimu found that this “offence against morality” has been popularly and loosely interpreted

as a ground for expulsion of pregnant girls as it has been interpreted to mean that when a girl is

pregnant, she has had sex out of wedlock. Thus it is clear that she has committed an offence

against morality and therefore should be expelled from school. The National Network of

Organizations working with Children, NNOC (2005) found that this regulation victimizes the

girl pupil and denies her the right to education. It further found this tradition to be in contrast

with Convention of the Child Principles of non-discrimination and best interests of the child.

Expulsion of pregnant girls from school has been used as a punishment to discipline girls for

misconduct. As noted by Hubbard (2009), in a 1999 report of the Special Rapporteur on the

25

Right to Education, it reacted against the treatment of pregnancy as a disciplinary offence as it

undermines accessibility to education. In 2006 the Special Rapporteur also called attention to

the fact that pregnancy and motherhood were being used as a basis for discrimination against

girls in education, and that treating pregnancy as a disciplinary offence might even lead to an

increase in abortions.

2.2.3.7  IMPOSITION  OF  PENALTIES AGAINST PERSONS  WHO  MARRY  OR  IMPREGNATE  SCHOOL  GIRLS, RULES  2003 

This rule provides for three years imprisonment to a person found to impregnate a school girl.

According to NNOC (2005) this rule was brought as a discriminatory remedy of expelling

pregnant girls since previously the law was silent on the male impregnator. However this rule

does not address the right of the girl to continue with her education after delivery.

2.2.3.8  NATIONAL PROGRAMMES 

Special programmes were initiated to promote girls education which include Complementary

Basic Education in Tanzania (COBET). This programme was introduced in 1999 with the aim of

ensuring that illiteracy was eradicated. In this programme, girls that were not enrolled in schools

and those who dropped out of school are given an opportunity to undertake primary education

for 3 years instead of 7 years.

Another programme was Community Based Education for Girls which aimed at promoting

gender equality in accessing education, the government initiated community based education for

girls (CBEG) within the Education Sector Development Programme (ESDP, 2000-2015) to

encourage public and private sectors to build girls’ hostels and boarding schools. This was aimed

at addressing the problem of girls having to walk long distances to school and the unavailability

of transport which are also among the factors contributing to school girls’ pregnancy: girls can

easily be tricked by bus conductors or drivers into entering into sexual relations in return for the

‘favour’ of giving them transport to school. Where girls have to travel long distances to school

26

they sometimes have to pass through areas which are not safe especially for girls and they might

get raped. In spite of these examples of progress, there are still fewer girls who continue with

higher education due to the poor implementation of the programmes, traditional attitudes and

early marriages.

27

CHAPTER THREE 

3.0  RESEARCH METHODS AND METHODOLOGIES 

The methodologies used to collect data were dependent on the research assumptions and

objectives of the research. The following are methodologies used to guide this study:

3.1  Research Methodologies 

3.1.1  Women’s Law Approach 

It helps to analyze the lived realities of women and the gaps in the law by using women as a

starting point. I interviewed women and girls in the community to find out if girls are expelled

from school when they fall pregnant.

Pregnant girls are expelled from school though pregnancy is not explicitly provided in the law as

a ground for expulsion. The provision on expulsion provides that a pupil may be expelled from

school due to theft, offence against morality, injury to property, prostitution and drug abuse. In

practice the offence against morality and prostitution are the grounds referred to for the

expulsion of pregnant girls from schools. Thus what is happening on the ground is different from

what the law provides. It is my view that pregnancy cannot be included as an offence against

morality. As HakiElimu (2011) notes the Penal Code in Chapter 15 has a specific category of

crimes falling under offences against morality but pregnancy is not there.

Furthermore the law provides for the expulsion of both the boy and girl in cases where the girl

was impregnated by a fellow student. However in practice the tendency is that only the girl is

expelled. This is due to the fact that the boy is not directly affected by pregnancy so he can

continue with school. It is further not easy for a girl to prove that the boy is responsible for the

pregnancy in cases he refuses. Therefore in the end most of the time it is the girl who is punished

28

by being expelled from school. This leads to discrimination against the girl child in accessing

education as the girl will drop out while the responsible boy continues with his studies.

As I mentioned earlier, though there are laws in place punishing those responsible for

impregnating school girls, they are rarely implemented. This is sometimes because the parents of

both sides agree to settle the matter without resorting to the courts as it is time consuming and

may cause the perpetrator not to provide maintenance for the girl and the baby when is born or to

give bride price in case he wanted to marry the girl. Although out of court dispute settlement is

not preferred and encouraged due to the cumbersome procedure of the legal system, it is

important for these matters to be referred to courts so that the perpetrators get punished. When

these matters are settled at the family level, the perpetrators are not prosecuted and as a result

school pregnancy cases keep on increasing. A research study conducted by Chachage (2010)

revealed that many parents resolve this issue in a cultural or traditional way within the family

resulting in the culprits, who are sometimes relatives of the pregnant girl, going unpunished.

As also discussed in the previous chapters, pregnant girls are expelled from school despite the

presence of several laws that Tanzania enacted guaranteeing for right to education, equality and

non discrimination in accessing education10. (Alber Etal 2008) in his field work found that the

normal procedure in primary and secondary schools was to expel pregnant girls when the school

authorities noticed their pregnancy. He said that expulsion is commonly practiced throughout

Tanzania even though there is no explicit provision for it in the Education Act.

3.1.2  Grounded Theory Approach 

I have used Grounded theory approach to develop theoretical categories by analyzing issues that

emerged in the field. In the field I realized that some girls decide to drop out when they discover

that they are pregnant before they are expelled by the school authorities. They do this for fear of

being expelled and the negative reaction that may face from the teachers and other students. If it

is a day school, those who succeed in doing abortion may disappear for certain periods of time

10 National Constitution, Education Act, Law of the Child Act and National Education and Training Policy. 

29

then are able to come back to school lying that they were just sick. Others disappear forever and

then are expelled due to truancy. As one teacher said:

“We do not expel pregnant girls here. When they discover that they are pregnant they drop out themselves before they are expelled. We therefore expel them due to truancy.”

(A teacher interviewed from one of the selected schools in Temeke District Dar es salaam)

In that regard sometimes it is difficult to get the actual number of girl dropouts due to pregnancy

as they may be expelled due to truancy when in fact they were pregnant.

For fear of being expelled, other girls undergo abortion which is unsafe and done secretly

because it is a criminal offence as provided under sections 150 to 152 of the Penal Code of

Tanzania. Some because of the poor economic conditions resort to traditional mechanisms which

increase the risk of loosing their lives. Therefore abortion laws should be amended to allow

abortion in cases of unwanted pregnancy as recommended by international instruments such as

Article 14 of the Protocol to the African Charter on Human and Peoples Rights of Women in

Africa.

Though the current practice is that teenage mothers are not allowed to come back to school there

are some who return to school secretly as a result of prior arrangements made between their

parents and teachers. The arrangement becomes easy when a girl’s parents or relatives know a

particular teacher at the school or are prepared to bribe the right person. This is done secretly

because if the matter comes to the knowledge of officials the teacher may loose his job. The

absence of a clear law or policy addressing teenage mother’s education has a negative impact for

the pregnant school girls who come from poor families who are not able to take them to private

schools after being expelled or to give bribes for them to be re-admitted. Therefore, the re-entry

policy should be put in place to remove the inequality and discrimination pregnant school girls

face in accessing education.

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On the other hand, I found that other pregnant girl students in primary and secondary schools are

allowed to sit for their final exams but cannot attend classes and have to remain at home. As

quoted by Legal and Human Right Center (2010) September in 2010 the then Deputy Minister of

Education and Vocational Training informed the public that standard seven school girls who

become pregnant after being registered for their final exams would be allowed to sit for the

exams. She stated that instructions were given that the girls who had been registered should

remain at home during classes. Although they think this is a good idea to help them at least

finalize their primary or secondary education but in reality it is meaningless because they end up

not doing well in their exams. How can your allow some one to write exams but forbid them

from attending classes? How do you expect them to perform well? Special measures should be

put in place to enable them to enjoy a good learning environment for them to participate in their

studies for the full realization of their right to education.

3.1.3  Human Rights Approach 

I have used human rights approach to examine to what extent Tanzania has implemented its

obligations under international instruments in relation to the subject matter of the study.

Tanzania ratified the Convention on the Elimination of all Forms of discrimination against

Women (CEDAW) in terms of which Article 10(f) requires state parties to take appropriate

measures to eliminate discrimination in the field of education through the reduction of female

students drop out rates and the organization of programmes for girls and women who have left

school prematurely.

Tanzania has also ratified the Convention of the Rights of the Child which under Article 28

requires state parties to recognize the right to education through among other things making

primary education compulsory and available free for all, encouraging the development of

different forms of secondary education, making higher education available, and taking measures

to encourage regular attendance at schools and to reduce dropout rates. Some of the requirements

mentioned above have already, to some extent, been implemented for example the area of free

31

and compulsory primary education and development and the introduction and accessibility of

secondary education. However, the government has not been able to address the issue of drop out

rates of girls due to pregnancy. So far no legal measure has been put in place to ensure that

young mothers are afforded the opportunity of returning to school.

Tanzania is further bound to eliminate discrimination based on sex by several international

instruments like Convention on Elimination of All Forms of Discrimination Against women

(CEDAW), International Covenant on Economic Social and Cultural Rights (ICESCR),

Convention on the Right of the Child (CRC), African Charter on Human and Peoples Rights

(ACHPR) and African Convention on the Rights and Welfare of the Child (ACRWC). Tanzania

has in some measure complied with its duties under these Instruments by incorporating some of

their provisions into its national laws such as the Constitution, and the Law of the Child.

However, in practice their provisions have not been sufficiently implemented as girls remain

discriminated against on the basis of sex when they are expelled from school and not allowed to

continue with studies after delivery.

As a duty bearer Tanzanian government has the role to ensure the right to education for all. By

expelling girls from school due to pregnancy, the government becomes responsible for gender

discrimination and violating girls’ rights to education (1) by not making it available to them on

the basis of equal opportunity, (2) by not making it accessible when discriminating against

pregnant girls, (3) by punishing the victims rather than the perpetrators when denying access to

pregnant girls, (4) by not being adaptable when failing to respect, protect and fulfil girls’ rights

to education and by continuing discriminatory practices in violation of the best interests of the

child by not taken into account their voice and life situation. (Discrimination and violation of

girls’ rights to education in Tanzania as summarized by the Global Campaign for Education,

Right to Education Project and Campana Latino Americana quoted in HakiElimu, 2011)

Having looked at the above legal instruments, the approach then enabled me analyze Tanzania’s

domestic laws to see how far the country has gone in implementing the provision of the said

instruments.

32

33

3.2  Methods of Data Collection 

3.2.1  Key Informant Interview 

I used the key informant interview which is a method of collecting information by finding key

informants. I used this method so as to make my research focused as the key informants are the

people who are in a good position to give relevant information as they are likely to be well

informed about the subject matter.

I interviewed Mrs. Kihaka Emelda, a co- coordinator of the Gender Section in the Ministry of

Education, who informed me about the current reality on expelling pregnant girls from schools.

She further informed me on the on-going process of reviewing the education policy so as to

allow pregnant girls to come back to school after delivery and the challenges which they are

facing.

I also talked to primary and secondary education officers at Temeke Municipal Council as the

key informants in relation to education matters in Temeke district who shared with me their

concerns on the issue of re admission of teenage mothers in school and the recommendations on

how the problem of school pregnancy can be addressed.

I also interviewed two Members of Parliament who gave me their views on whether or not

pregnant girls should be re admitted to school after giving birth. They also told me about the

efforts that the government has done to ensure gender equality in accessing education.

I got the opportunity to talk to religious leaders both from Christian and Islamic religions. They

gave me their personal views and their religious stand point on the issue of the provision of sex

education in school and re admission of teenage mothers to school. They informed me that it is

ok for sex education to be introduced in schools but should not extend to teaching students to use

modern contraceptives which are not recommended by either religion. On the issue of re

admission of teenage mothers they said that although it is a sin to engage in sexual activities,

there is nothing wrong with giving pregnant school girls an opportunity to continue with their

education.

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I also had interviews with key informants like non government organizations which deal with

human rights including advocacy for women and children’s rights on matters of education, heath

and justice. I spoke to a head of good governance department at Tanzania Women Lawyers

Association (TAWLA), a policy and analyst researcher from HakiElimu, a councillor of Kiota

Women Health and Development Organization (KIWOHEDE) and a researcher assistant of

Legal and Human Right Centre (LHRC). They confirmed the seriousness of school girls’

pregnancy and emphasized the need for the government to ensure that girls who have been

expelled from school due to pregnancy continue with education so as to eliminate gender

disparity in education.

3.2.2  Individual Interviews 

Interviews were also used to collect data. I would meet with individuals and ask questions on the

subject matter. I spoke to teachers and students both in primary and secondary schools. I also

spoke to girls in the community, men and women and parents within Temeke district. This

method was effective to get people to talk about their personal feelings, opinions and

experiences.

3.2.3  Group Interviews 

Sometimes I interviewed people in groups for example I interviewed a group of students and

teachers at different schools in Temeke. I talked to a women’s club at Mbagala, I also talked to

parents, girls, men and women at different places in Temeke. This method gave me an advantage

of saving time as I could talk to many respondents and get different opinions within a short time.

Group interviews also gave the opportunity to the respondents to discuss and clarify some issues

among themselves.

3.2.4  Desk Research 

35

In addition to the above methods, I also did desk research. I consulted materials on the internet

together with relevant literature, human rights instruments and the law in relation to the

researched topic. This helped me to search for the relevant data in the field work and identify the

gaps and be able to locate and identify the problem.

The following is a table illustrating the list of respondents interviewed and the method I used to

obtain information from them.

36

Table 1:  Showing the Respondents interviewed and the Interview Method 

Category Respondent Female Male Research method used

Primary school Teachers 5 2 Individual interview

“ Students 3 3 Group interview Secondary school Teachers 4 3 Group interview “ Teachers 4 2 Individual

interview “ Students 4 2 Individual

interview “ “ 6 3 Group interview NGO’s TAWLA 1 - Key informant “ LHRC - 1 Key informant “ HakiElimu - 1 Key informant “ KIWOHEDE 1 - Key informant Ministry of Education

Gender Section Co-ordinator

1 - Key informant

Temeke Municipal Council

Secondary education officers

1 3 Key informant and group interview

Policy and law makers

Parliamentarians 2 - Key informant

Religious leaders Christian - 2 Key informant Islamic - 2 Key informant Community members

Parents - 3 Group interview

“ “ 2 1 Individual interview

“ “ 4 - Group interview “ Individuals 9 5 Individual

interview Court Magistrate 1 Key informant Total 48 34

37

3.3  Methodological Challenges 

3.3.1  Attitudes 

Some respondents had a negative attitude towards my research topic. They did not take the

problem of expulsion of pregnant girls from school seriously. They thought that by doing this

research I wanted to promote and encourage school pregnancies. They ended up asking me that if

I did not fall pregnant while I was in school why I want to spoil other school girls. They seemed

to be not interested in talking about the matter. In light of this I think there could be some

relevant information that they did not disclose. I had to explain and make it clear that I am not

supporting school girl’s pregnancy but I want to raise consciousness and find ways to ensure

equal rights in accessing education for girls who fall pregnant in school so that they continue

with their education.

3.3.2  Lack of Concentration and Seriousness 

A few of the interviewees also seemed to be so busy that they could not stop doing their work

and talk to me. They did not pay attention to what I was talking about as they were working and

talking to me at the same time. They were not paying attention to what I was saying or asking

and as a result there is a possibility that they just gave me incorrect information in order to please

me and to stop me from asking them so many questions in the hope that I would leave them to

get on with their work. I had to stop talking and wait for them to finish whatever they were

doing.

3.3.3  Difficulty in locating Pregnant School Girls 

According to my research, pregnant school girls were very important respondents to interview in

order to appreciate the nature of the problem but it was difficult to trace them. At school they

have the number of girls’ dropouts due to pregnancy but they do not know their whereabouts.

However I was able to interview a few of them with the help of their friends and I also

38

interviewed those who happened to witness or hear about those matters since they were their

relatives or close friends.

3.3.4   Bureaucracy 

In certain cases, it was not easy to get an appointment. I visited offices where they told me to

write a letter first to the organization asking for the permission to conduct interviews. Others told

me that they would call but they did not. I had to make follow up every time to ensure I get an

appointment for the interviews. Others demanded proposals for the research and said without it I

could not conduct my research. Therefore, for me to get permission, I had to explain to one lady

that every institution has its own procedures and that not all of them require students to draft

proposals. In our case, I said, we had to draft a research design instead of a proposal. I also

promised her that I would bring back a copy once I finish my research. I was finally given the

permission. So in the end I could not interview as many respondents as I would have wanted.

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CHAPTER FOUR 

4.0   RESEARCH FINDINGS AND ANALYSIS 

In this chapter I discuss the findings of my research. The findings are based on research

assumptions and research questions outlined in Chapter One. I will discuss the findings under the

themes of expulsion of pregnant girls, the law on the expulsion of pregnant girls, provision of sex

education, legislation/ policy on re-admitting pregnant school girls, should teenage mothers be

re-admitted to school? and the punishment for the perpetrators of school girl pregnancies.

4.1  Expulsion of Pregnant Girls 

In my research, I found that girls are expelled from school when they fall pregnant. However

there was confusion over the matter as between the schools and the administrative level. There

were two views on this: some teachers said that they do not expel girls from school due to

pregnancy; instead, they expel them due to truancy because when girls discover that they are

pregnant, they decide not to come to school. One of these teachers is from Kibasila Secondary

School who said that pregnant girls drop out themselves before they are expelled. They are

therefore expelled due to truancy as it is provided under the law that when a student has been

absent from school for 60 consecutive days she/ he has to be expelled. In that regard she insisted

as follows:

“Girls just disappear from school when they know that they are pregnant, we expel them due to truancy not pregnancy as people think. It is very hard in a day school to know when girls are pregnant. I cannot even tell you how many girls have dropped out from school due to pregnancy.”

(Headmistress of Kibasila Secondary School)

Furthermore, another teacher from Kingugi primary school at Mbagala had the same view. She

admitted the dropout of pregnant girls from schools. According to her they are not expelled but

40

dropout from school when they find themselves pregnant. They do this because they fear their

fellow students and the teachers would notice their pregnancy hence they could be labelled,

bullied, segregated and stopped from coming to school. Another reason for the girls’ drop out is

sickness and the body unfitness resulting from pregnancy, thus become unable to attend school

and participate in different activities like school cleanness, games, and studies when they are in

that situation.

Similarly, another teacher from Tandika Primary School also said that pregnant girls are not

expelled from school; instead, they just drop as they do not feel comfortable being at school in

that situation. She stated as follows:

“When the girls disappear for several days from school without any notification, we normally have to write a letter to the parents asking for their non appearance. If there is no response after being reminded up to three times, the school will expel the girl accordingly”.

On the other hand, there are others who admitted the expulsion of girls from school due to

pregnancy. These include secondary education officers who confirmed that it is true that girls

who fall pregnant are expelled. They have to be expelled firstly because the circumstances do not

allow them to be at school when they are pregnant and secondly because it is a way of

disciplining them and decreasing the number of school girl pregnancies and maintaining

discipline at school. He emphasized as follows:

“Expulsion of girls from school due to pregnancy is a way of punishing them for misbehaving otherwise there will be no discipline at school, early marriage and pregnancies will increase as the girls will know that they will return to school after delivery.”

This was also confirmed by the coordinator of the Gender section at the Ministry of Education

who said that pregnant girls are expelled from school. She gave an example of a girl who was a

secondary school student in Mwanza region. She was expelled from school after she was found

to be pregnant and was told not to come to school again.

41

Though some say that girls decide to drop out when they find themselves pregnant, in my view,

they are impliedly expelled on the ground of pregnancy. When they discover that they are

pregnant they stop going to school because even if they continue going they would soon be

expelled when their pregnancy is noticed. It is because they know that they will be expelled that

they decide not to come to school.

4.2  The Law on the Expulsion of Pregnant School Girls 

I found that there is also confusion as to where schools get authority for expelling pregnant girls

from school. Many did not know, saying that it was written nowhere, some said it is provided

under the Education Act while others said it is under the Education policy. For example one

teacher from Chang’ombe Primary School said pregnant girls are expelled following the

educational policy and the Deputy Headmistress of Wailes Secondary School said there is no

document which provide for that expulsion. Many students seemed not to know much about it.

When I interviewed school girls and boys at Kibasila Secondary School on the matter they said

that it is true that pregnant girls are expelled from school though it has not been provided in any

legislation or policy. Another teacher also interviewed from Chang’ombe Demonstration

Secondary confirmed that the law does not allow pregnant girls to be in school. When I asked

him what law he said it is the guidelines for Head of Government Secondary school rules.

Another respondent, an officer of Tanzania Women Lawyers Association also informed me that

many people believe that expulsion is required by the law but however no legal basis or policy

documents exist to require the expulsion of pregnant girls. Researchers of HakiElimu on the

other hand admitted that girls are expelled from school in compliance with the Education Act of

1978 and its regulations together with its amendments of 1995 and 2002.

In connection with this, Alber, Geest and Whyte (2008) also found that it is a normal procedure

in primary and secondary schools to expel pregnant girls when the school authorities notice their

pregnancies. This is practiced through out Tanzania even though there is no explicit statement in

the Education Act that pregnancy should lead to expulsion.

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All these different answers indicate that there is no specific law that directly provides for the

expulsion of pregnant girls. However as discussed in chapter two, the basis for expelling

pregnant girls form school are the offences against morality, prostitution and the physical and

mental health of the pupil in terms of the provisions of the Expulsion and Exclusion of Pupils

from School Regulations made under the Education Act of 1978 as amended.

4.3  Provision of Sex Education 

The research revealed that there is inadequate provision of sex education in school. On inquiry

from teachers and other stakeholders, they say that there is no specific curriculum on sex

education but is taught to some extent in some subjects like biology in secondary school and

science in primary school. In respect to that the Headmistress of Kibasila Secondary school said

that sex education is provided but not as independent subject. It is taught in some subjects like

biology. She thinks that there is no need to make it a new subject because currently there are a lot

of subjects which are taken by students which is a maximum of 12 subjects and sometimes more.

Therefore, she is of the view that introducing another subject would be too much work for the

students. She further said that introducing it as a new subject needs a lot of preparation like

preparation of reading materials, looking for experts and training of teachers so as to have

qualified teachers to teach the students.

Although some aspects of sex and reproductive health education have been introduced in certain

subjects as mentioned above, it was said not to be satisfactory. An official representative from

the ministry of education said that there is no special curriculum for sex education. She

commented that however there are some aspects of it that has been introduced in subjects like

biology and science but covers a small part of it and as a result it does not provide the students

with enough knowledge on the matter.

In the study done by Rugumyamheto et al (1994) in Morogoro and Dar es salaam regions in

Tanzania, it revealed that adolescent girls were totally ignorant on how one becomes pregnant,

43

on the use of contraceptives and on menstruation. They did not know what safe and unsafe days

were. This confirms that adolescent girls are often ignorant of sex and reproductive knowledge.

Concerning the religious perspective, neither the Christian nor Islamic religion is against the

provision of sex education provided that teaching does not cover how to use modern

contraceptives and emphasis must be placed on abstinence; pre-marital sex must not be

encouraged. In my conversation with a padre Constantine Baraka of Mbagala Roman Catholic

Church, he informed me that in the provision of sex education, churches prefer students not to be

taught about how to use modern contraceptives due to the side effects which normally occur after

using them. In his words:

“Students need to be taught to abstain from sex until they get married. When children are not brought up in this way there would be problems when they get married as they have not been taught to properly conduct themselves.”

Similarly, the Islamic representative had a similar view point, as Sheikh Khamis told me that his

religion does not allow teaching about contraceptives in school firstly due to the fact that

students are not married and secondly modern contraceptives have side effects for women.

In some schools, counselling was regarded as a form of sex education and there are special

offices for students who have family or social problems. When I talked to the students from

Kurasini Primary School on that issue they said that they do not have sex education in their

school but there is an office for counselling where they can be told about such issues but that

office is not known by most of the students. This information was confirmed by a teacher from

Chang’ombe primary school in Temeke District who said that although there is no independent

and different subject on sex education at the school, there is a department of counselling where

some teachers who have been trained in counselling normally talk to students on matters of HIV-

AIDS, their body changes and relationships.

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The research also found that in some schools students receive sex education through various

clubs formed at school where some people who deal with those matters come to talk to them.

This was stated by some students at Keko Primary School who said as follows:

“We are not given sex education at this school. We learn issues like HIV-AIDS and relationships by joining certain clubs and organizations. However these clubs have recently collapsed and disintegrated.”

In relation to my literature review, this confirms the inadequate provisions of sex education in

school and as a result the students lack information on sexual matters which has contributed to

early pregnancies. From the literature I have also found that as traditional initiation rites have

declined due to modernization it is now important for sex education to be provided in school so

as to fill the gap of traditional social structures that were involved in the initiation of young

children to adulthood. The absence of the initiation ceremonies and the failure of the current

system of education to provide sex education have led most young children to rely on the

information they pick up from their peers which sometimes is not correct and as a result they

engage in unsafe sex and hence unwanted pregnancy.

4.4  Policy and Legislation concerning the Re‐admission of Pregnant School Girls 

It was assumed that teenage mothers do not go back to school because there is no law or policy

which provides for their re-admission. This assumption was not challenged as almost all

respondents confirmed the absence of a legislation/policy allowing the re-admission of girls who

fall pregnant in school except for the few who did not know anything about it. I talked to

counsellor of Kiota Women and Health Development (KIWOHEDE) who informed me that

currently there is no law permitting pregnant girls to be re-admitted to school. She further said

that their organization has been invited to meetings several times by other organizations to

discuss and advise the government on how pregnant girls can be assisted in returning to school

after delivery but despite their efforts they have not reached an agreement over the matter. She

commented that teenage mothers need education more that any one else in order to be

empowered and to be able to take care of their babies.

45

Teachers from Kurasini Primary school further insisted that there is no policy which allows

pregnant girls back to school. The matter has been under discussion for a long time but nothing

has been done to make sure that the law comes into place. Due to the lack of such a law, Puja

and Kassimoto (1994) quoted the parents and teachers suggesting to the Ministry of Education to

enact the law allowing girls to continue with studies after the birth of their children. The law also

should ensure that men who impregnate school girls are punished.

In addition it emerged that although pregnant girls are not accepted back to school, they would

sometimes be allowed to sit for their final examinations. In that regard one teacher of Kurasini

Primary School said:

“If the girls are noticed pregnant close to the final exams, they will be allowed to write the exam. For example last year September in 2010, the then deputy minister for education was reported informing the public that standard seven school girls who become pregnant after being registered for their final exams would be allowed to sit for exams.”

It further emerged that although there is no law requiring pregnant girls to return to school after

delivery, there are still private arrangements done secretly to make girls continue with their

education. In that regard, the Education Officer of Temeke Municipal Council said that there is

no need to formalise the re-admission of teenage mothers to school by enacting a law to support

it as it would legalize school pregnancies. He said it is better to continue with the current

situation where there is no re-entry policy but still arrangements can be done for them to

continue with their studies. This was also confirmed by the Co-ordinator of the Gender Section

of the Ministry of Education who said that although the current practice is that pregnant girls are

not accepted back to school after delivery, there are some who return secretly by prior

arrangement between parents and teachers; this is a risky course of action, however, as the

teachers may loose their jobs if the relevant authority comes to learn of the matter.

The Research Officer of HakiElimu also added that Tanzania has no legislation or policy which

addresses the situation of pregnant girls. There are no formal procedures which provide guidance

on how they can continue with their education after delivery. Parents on their own try to find

46

ways of helping them by sending them to private schools or to vocational training centres. He

said there are some vocational training centres which provide vocational training to young

mothers such as Folk Development Colleges (FDC) and National Vocational Training Centres

(NVTC). There are also training centres established by non-governmental organizations to

provide for girls who have dropped out of school due to pregnancy but many people do not know

about them.

It was reported in the Daily News (2010) that teenage pregnancy is still a problem in Tanzania

but, to date, there is no definite law that states that a pregnant girl should be allowed to continue

with her studies. There have been pleas for the government to tackle the problem in order to give

teenage mothers a second chance in education but the law is yet to be enacted.

The absence of a policy or law which allows pregnant girls to continue with education after

delivery violates the provisions of international instruments which uphold the principles of non-

discrimination and equality in accessing education. Among them is Article 10(f) of CEDAW

which requires states to take measures and to reduce the number of female student dropouts and

organize the programmes for girls who have left school prematurely. The African Charter on the

Rights and Welfare of the Child further [in terms of Article 11(6)] requires measures to be taken

by states to ensure girls who become pregnant before completing their education have an

opportunity to continue with their education after giving birth.

4.5  Should Teenage Mothers be re‐admitted to School? 

The study revealed that there is a heated debate about whether or not to re-admit teenage mothers

to school. There are those who support it and others who are against it. Those who support it

include the students themselves who are of the view that pregnant girls should continue with

education after delivery so as to empower them, become independent and be able to take care of

their children in the future. They suggested that for it to be effective, special schools have to be

introduced for them. I also talked to the headmistress of Kibasila Secondary School who was

47

strongly against the re-admission of teenage mothers. She said that girls should pay attention to

education and forget about other things because everything has got its own time. She stated:

“Girls should know that education is a sacrifice and they must have discipline for them to succeed. Other things can wait but education cannot, so if they fall pregnant while they are at school there is a cost to it. They have to face the consequences.”

(Headmistress of Kibasila Secondary School)

She gave an example of herself and how she put a lot of effort into her education; that is why she

is better off and unlike her former class mates who are now having problems because they were

not serious at school. She does not even feel jealous about her colleagues who have children

older than her own because when she compares herself with them they are not doing better in life

than she is. This is due to the fact that she put much effort into and made many sacrifices for her

education.

A similar view against re-admission of teenage mothers was also expressed by a member of the

parliament who said that children need to be raised with good morals so that they can be good

leaders and parents of the future. For her, allowing pregnant girls to school means that we are

permitting school pregnancies. Children cannot be brought up with good manners if they are

allowed to fall pregnant in school. She insisted as follows:

“We want to have a generation which has good morals. Those girls who fall pregnant in school should not be allowed back. Their parents have to look for other things to do for them. The girls should also be informed in advance that when they fall pregnant in school they will face the consequences.”

One teacher also added that when pregnant girls are re-admitted to school, they will not be

received into a conducive learning environment due to the stigma and harassment they will

suffer. He said as follows:

“I think the environment at school will be difficult for them to continue with their studies. This is because they will be laughed at by their peers,

48

others might face discrimination from teachers who believe getting pregnant is a disciplinary issue.”

Songa wa Songa (2012) interviewed Mr. Daudi Kalimi, assistant Head master of Loyola

Secondary school who confirmed the above arguments against the re-admission of teenage

mothers in school citing the possible bad influence on other pupils and the potential stigma the

young mothers would have to bear.

On the other hand, there was another group which had a different opinion and regarded teenage

mothers’ education important, hence the need for them to be re-admitted to school. Another

member of the parliament said that expelling pregnant girls from school denies them their rights.

She added that education for a girl is very important especially at this time when we are fighting

for equal rights between men and women. In that regard she said as follows:

“There is no way we can talk about equality between men and women if we do not assist girls who fall pregnant in school to continue with their studies.”

She recommended that the problem of school pregnancy needs to re-examined and people should

start changing their negative attitudes towards teenage pregnancy and give them the support

which they need most.

An official from the Ministry of Education also added that we have to try and accept the re-

admission of teenage mothers in school and to stop worrying about the possible implications

because other countries have tried the re-admission solution and they have succeeded. She gave

an example of a certain case in Mwanza where a girl fell pregnant while in school and got an

opportunity to return to school as a result of unofficial arrangements. Contrary to what many

people assume, no incidence of stigmatization, disrespect or bad behaviour occurred.

When I was talking to the group of women at Tandika, one supported the above argument and

said that it is not true that re-admission of teenage mothers to school would encourage other

students to become pregnant. They are still children and they need education like any other

children. She stated:

49

“Getting pregnant depends on one’s intelligence, there is no way that pregnant girls who return to school can influence others to fall pregnant. Even if the girl gives birth she is still a child, her age still remain the same like other students. Falling pregnant does not mean that she knows every thing.”

She also commented that most of the girls do not fall pregnant deliberately, so it is unfair to

expel them and not allow them back.

From a religious perspective, the representatives of both the Christian and Islamic religions with

whom I spoke support the re-admission of teenage mothers. I spoke to two Islamic religious

leaders and said that their religion supports girls’ education. They cited chapter 96, verses 1-5

which reads as “Twalabul Ilmufaridh alakulti muslim walmuslimain” which means education is

compulsory for both men and women. They said in that context, under Islam, pregnancy cannot

be a ground for denying a girl access to education. One of the Islamic leaders said:

“It is true that Islam is against illegal pregnancy but that cannot be a reason to prevent her from continuing with her studies. We think there is no problem to give pregnant school girls a chance to continue with her education after delivery.”

Similarly, I spoke to two Christian Roman Catholic leaders to find out their views on this issue

and they said that there is no common position in the church but in their opinion not admitting

teenage mothers back to school constitutes ill treatment and simply compound an existing

problem. If they have made a mistake they need to be forgiven instead of being punished.

Expelling pregnant girls from school is not a solution; the government has to help them so that

they can finish their schooling. This has to be done without condoning school pregnancies. One

insisted:

“Education is very important for teenage mothers; Let us accept them back to school. Reasons which make them pregnant when they are still at school need to be identified and solution obtained. However this should be done in a way that would not entertain school girl pregnancies.”

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They also added that expelling girls from school encourages abortion which is also a sin, thus

pregnant girls should be allowed to return to school after delivery to avoid issues of abortion.

4.6  Punishment of the Perpetrators of School Girl Pregnancies 

Although the government enacted the Education (Imposition of Penalties against Persons who

Marry or Impregnate School Girls) Rules in 2003 which provides a punishment of three years

imprisonment for a perpetrator of a school girl pregnancy, it was evident from the research that

many perpetrators who impregnate school girls are not punished as the parents of both sides talk

and decide to settle the matter outside court.

On this matter I spoke to the Deputy Head Mistress of Wailes Secondary School who informed

me that such cases are rarely reported because parents settle the matter at the family level. This is

mainly caused by poverty as the girl’s parents expect the perpetrator to provide maintenance for

the girl and the new baby after it is born. Therefore, they believe that taking the perpetrator to

court would prevent them from receiving maintenance.

She further explained that other parents decide to keep quiet after being promised some money

by the perpetrator or his parents. In this regard, he said:

“Last month I heard about a school girl expelled from school due to pregnancy and her family accepted the amount of 60,000 Tshs which is UD$35 so as not to continue with the case against the boy impregnating their girl.”

She said this is very little amount of money compared to the wrong perpetrated. That is why

school girls’ pregnancies continue to occur because the perpetrators are left unpunished.

Concealing the perpetrators’ identity slows down the government efforts to fight the problem.

It was reported late in 2011 that many of those who are impregnating school girls have not been

made legally accountable as often the pregnant girls, their parents and their families hide the

identity of the perpetrators. In response to this the regional commissioner instructed the district

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commissioner to draft a by law allowing the police to arrest, detain and interrogate pregnant

school girls until they provide the names of those who impregnated them.11 However, HakiElimu

(2011) held the Regional Commissioner’s instructions to detain and arrest illegal as it

contravened Section 15 of the Tanzanian Constitution which protects innocent citizens from

being arbitrarily arrested, imprisoned, confined or detained.

Kayoka (2010) also confirmed that only a few cases involving school girl pregnancies reach

court. He cited the Mwananchi Newspaper which reported that only a few culprits who

impregnate school girls have their cases sent to court because both the parents of the pregnant

girls and the men opt for out of court settlements as the men promise to pay a bride price to the

affected families. If male culprits are convicted of impregnating a school girl, they may go to

jail for a long time and this will prevent them from maintaining the mother and her child.

Another issue that emerged in relation to that was the current legal failure to address the

problem. Many of the parents I interviewed said that they cannot take such matters to court

because they do not trust the legal system because it is full of corruption and going there would

be a waste of time. Some said that going to court is expensive and time consuming. One male

parent said as follows:

“It costs a lot taking a case to court. Not only money but also time. It will take years and years. My self I can not waste my time for that. I have a lot to do. The whole family depends on me.”

This study further discovered that school girl pregnancy cases are not handled seriously. As I

was informed by one teacher that one can go to the police and report the matter but surprisingly

they will not pay attention to it and they may end up advising you to go back home and settle the

matter within the family. Sometimes they may accept your case but they do not make any

progress with it. They become busy with other matters and neglect these kinds of cases as they

think that they are less important. Sometimes the police behave like this because they have been

bribed by the perpetrators. She stated as follows:

11 “RC orders arrest, trial of pregnant girls,” The Guardian, 1st November 2011. 

52

“It is not that parents do not want to report these cases. We sometimes decide to settle the matter on our own because the legal system does not help us. We hear numerous cases of known offenders reported at the police station and the court but have not been effectively handled.”

I also interviewed one magistrate at Temeke District Court to find out what happens in court in

relation to cases of pregnant school girls. He said that they receive such cases but normally they

are dismissed for lack of sufficient evidence. This is attributed to the victim colluding with the

perpetrator not to come to court or, if she does come, she does not speak the truth. He gave an

example of one case which was before him sometime ago where the victim agreed to come to

testify but did not tell the court the truth when she was cross-examined by the perpetrator. This is

what he said:

“In these cases a victim is the key witness so the impregnated girl is required to come to court to give her evidence. When she refuses to testify then there will not be enough evidence to incriminate the perpetrator.”

It is not always true that cases fail in court because court officials are corrupt. Sometimes it is the

victims themselves who are not cooperative because they are still in love with their perpetrators

and therefore will not testify against them.

Naming and shaming has been used as a strategy in order to address the problem of school girls’

pregnancy. Kayoka (2010) also cited the case of Majira Newspaper reporting a Member of the

Parliament for Hai, Kilimanjaro Tanzania, Mr. Fuya Kimbita, who called for the naming in

public of all men who impregnate school girls. He also asked the parents and impregnated girls

to play their part effectively if the school girls pregnancy is to stop as it has been learnt that

parents or the victims themselves are not co-operative when cases are brought before the court.

They refuse to give evidence even when the court calls upon them to do so.

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4.7  Inequality between Female and Male Students 

Another research finding was the unequal treatment of male and female students. Girls are

sometimes expelled when they fall pregnant at school but most of the time boys are not expelled

when they are said to be responsible for impregnating a girl as required by the law. It was

explained by one teacher that though it is a requirement of the law it is very rare for the boy to be

expelled for impregnating a girl. This has usually been attributed to the lack of evidence

establishing a case against the boy. When asked most boys normally deny the charge so it is very

hard to establish whether a particular boy is responsible as it is even difficult to conduct DNA

tests because they are expensive costing about Tsh 300,000 (US$200). In his words he said that:

“If a boy impregnates a girl, both of them are supposed to be expelled from school. However the tendency is the boy will continue with school as it is hard to establish that he is really the one responsible for the pregnancy.”

This was further confirmed by the teacher from Tandika Secondary school and a group of

women interviewed at Kurasini Area who confirmed the expulsion of pregnant girls and that

when a fellow male student is involved in impregnating the student he is also required to be

expelled.

It further emerged that the boys are not expelled because they are not directly affected by the

pregnancy like girls who are the ones actually carrying the pregnancy, thus the circumstances do

not allow her to go to school. Therefore the expulsion enables her to rest for the sake of her

health and the unborn baby. This view found support from Mr. Onesmo of the Legal and Human

Rights Centre who said that it is not proper for the boy to be expelled because he is not directly

affected by any thing. He stated that:

“It is not fair to expel a school boy who has impregnated a fellow girl student. This is because the pregnancy does not affect him directly. Pregnant girl is expelled because she can not cope with the situation of pregnancy and school.”

54

However, it is equally unfair to expel the girl while leaving unpunished the boy who is

responsible.

I also found that parents treat boy and girl children differently regarding their accessing

education. A boy child is always given priority in accessing education compared to the girl

because he is expected to be the head of the family. When a girl drops out of school due to

pregnancy, the parents will let her marry instead of returning her to school. I spoke to four

parents and they explained that when a girl is expelled due to pregnancy it becomes their

justification for not sending her back to school; they feel better spending their money supporting

a boy child in the family but not a girl. When I interviewed some male parents, one said the

following:

“It is not easy for us parents to take our daughters to any training after pregnancy because we fear that she might conceive again and then loose our money.”

However this was challenged by Onesmo, a researcher from Legal and Human Rights Centre

who said that there is a slight change in society which has started to recognize the importance of

girls’ education. He said that nowadays parents are willing to support them and when they do fail

to do so it is usually because of economic constraints. He said it has been found that when the

girls grow up they are more likely to take care of their parents than boys. Therefore they think

that when a girl is educated there is a greater chance of helping them when they get old. There is

also that saying that “when you educate a woman you have educated the whole society.” As

women play multiple roles in society compared to men they educate others in the process of

performing those roles.

Similarly, some educated parents said they are ready to support their daughters in the completion

of their education even if they fall pregnant in school. They believe that when a girl is educated,

she will be independent and be able to take care of her own children. In that regard one parent

said that:

55

“I will make sure if my daughter falls pregnant in school she continues with education unlike other parents who tend to despise, discriminate and refuse to take them to another school while they have that capability.”

Those who supported this view also added that when their girls fall pregnant it means that they

have the responsibility of taking care of their children and the grand child. So they have to

educate them to make sure that in future they will be able to take care of themselves and their

children.

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CHAPTER FIVE 

5.0   DISCUSSION AND RECOMMENDATIONS 

5.1  Discussion 

Girls drop out of school when they fall pregnant. They are also expelled due to truancy when

they drop out of school after discovering that they are pregnant. There is also no agreement about

the legal basis on which schools derive their authority to expel pregnant girls. This is due to the

fact that people are either not aware of the existence of the relevant laws on the subject or

because there is no clear legal basis for expelling pregnant girls from school.

Sex education is not adequately provided in schools. Although, some aspects of it are said to

have been introduced in subjects like biology and science, it is not sufficient to teach students

about preparing for adulthood, safe sex, and pregnancy prevention. Although both Islam and

Christianity agree that sex education should be taught in school, they are against the teaching of

modern contraceptives and their emphasis is on abstinence.

School pregnancy is not properly handled in the justice system and this is partly caused by the

expectations of girls’ parents that the man or boy or his parents ought to give them money and

get maintenance for their daughter and her child. Also bribes and the commonly held belief

among police officers that these cases need to be settled within the family discourage people

from reporting these cases. Settling these cases within the family allow the perpetrators to escape

unpunished and this has led to an increase in the number of cases. Another factor is the

difficulties in approaching the courts due to corruption, cost and lengthy court delays. As a

result people do not refer these cases to court. Finally, those who impregnate school girls have

not been held legally accountable and this is often due to a lack of sufficient evidence as the

victims themselves collude with the perpetrators and refuse to give evidence in court.

A boy is not expelled when he is said to be responsible for impregnating a girl in school as

required by the law and this is almost always due to a lack of evidence for establishing a case

57

against him. This is also because boys, unlike girls, are not directly affected by pregnancy.

However it is not a wise decision to expel the boy just because the girl has been expelled. The

right and proper thing to do is to give the girl an opportunity to continue with her studies after

delivery. On the other hand parents do not give as much priority to the education of girls as boys

and as a result when girls fall pregnant in school, parents are reluctant to assist them in

continuing with their education as think it is a waste of money. In recent times however some

parents, especially those who are educated, have started to recognize the importance of educating

their daughters.

There is a heated debate about whether or not to re-admit teenage mothers to school. Those who

support it argue that it is important for the girl to return to school after delivery in order to help

empower them to become independent and more capable of fending for themselves and their new

family; while those who are against the re-admission of teenage mothers argue that they only

incite more young girls to fall pregnant and immoral conduct in society. The research found,

however, that the latter base their arguments on assumptions which are not supported by any

evidence.

There is no law/policy allowing for the re-admission of teenage mothers and as a result girls do

not return to school after delivery. Sometimes they are allowed to sit for their final exams when

their pregnancy is recognized just before their finals. This usually follows an order from senior

government officials. However this is not very useful to them as they end up not doing well in

those exams because they are required to remain at home during classes before they sit their

exams.

Sometimes private arrangements for teenage mothers to return to school are made secretly

between the teachers and the girls’ parents. However this is not easy as apparently parents need

to know which specific teacher they can bribe in order to receive this kind of assistance. Further,

parents are not aware of the vocational institutions and training centres established for the

provision of training to teenage mothers.

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5.2  The Way Forward 

5.2.1  Law Reform 

Tanzania should draft and adopt legislation/policy that recognizes the right of teenage mothers to

access education by allowing them to return to school after giving birth. This will enable

Tanzania to comply with international human rights instruments that require states to take

measures to ensure that girls who become pregnant before completing their education have the

opportunity to continue with education. Nyirenda (2012) found that a re-entry policy provides a

better opportunity for teenage mothers to obtain a chance to develop knowledge and skills to

support their lives and fulfil their dreams. Such a policy will further address gender inequalities

that have prevented girls from accessing education in Tanzania for many years.

The best example is that of Malawi which has a law passed in 1993 by the Ministry of Education

allowing teenage mothers to return to school after the birth of the child. As found by Maryzel,

Kachala and Kerner (2009) the law further dictates that a pregnant girl who wishes to return to

school after delivering has to write a letter withdrawing herself from school while she is

pregnant. She must wait at least six months after the baby is born before reapplying for

admission at which time she must send two applications one to the Ministry of Education and

one to the school she wishes to attend. However she may opt to attend a school other than her

former school. It further says that she can be re-admitted only once and that if she drops out of

school a second time she will be permanently expelled so as not to encourage school girl

pregnancies12.

The Education Act together with its Regulations should be amended to clearly state that

pregnancy is not a ground for expelling students. Currently the provision on expelling students is

being misinterpreted to mean girls who fall pregnant should be dismissed from school on the

basis of immorality.

12 The  law  in Malawi passed  in 1993 by  the Ministry of Education allowing  teenage mothers  to return  to school after the birth of the child. 

59

There should also be awareness raising about the new re-admission policy, the education laws

and the importance of enrolment. People need to be clear about what the laws says so that they

can give the correct effect to it.

There should also be a close and thorough monitoring of the implementation of the current laws

punishing those who impregnate school girls. This applies to any law that is enacted: it should

be effectively monitored and implemented. (Swainson etal 1998) found that although Malawi

adopted a policy allowing girls back to school after they had given birth, there was still a

problem of how to implement it due to the absence of guidelines to show how schools should

deal with re-admission, the existence of negative attitudes towards teenage mothers, the absence

of counselling and implementation and the lack of publicity of its policy provisions. Girls also

need to be counselled to enable them go back to school and continue with their education.

A supportive environment should be actively created to prevent young mothers from suffering

any stigma and or harassment at school because of their situation as these are presently

considered reasons for not permitting them to return. Once students and teachers are properly

informed about all the relevant and material issues surrounding school girl pregnancies they will

appreciate the challenging situation of teenage mothers and learn to treat them in a positive way.

Further, the right to education should also be included in the bill of rights unlike the current

situation where that right is in the directive principles. This will facilitate the enforcement of the

right. As indicated by Goonesekere in Rwezaura’ study, the constitutional framework of the law

offers a viable option for the enforcement of one’s rights. The court will have power to nullify

domestic legislation when it is proved to be in conflict with the national constitution which is the

country’s supreme law.

The law of marriage which allows girls to marry before they are 18 and have finished their

Secondary schooling should also be amended. Marrying off their daughters while they are still at

school has been used as an opportunity for parents to get money. When they get married early

they are then not allowed to go back to school in terms of section 4(c) of the Expulsion and

60

Exclusion of the Pupils from School Regulations. Hence early marriages result in girls failing to

access education which limits their level of development and career opportunities.

5.2.2  Sex Education 

Since the study found that the inadequate provision of sex education in school is partly

responsible for teenage pregnancies, there is a need for sex education to be provided in schools.

This will involve students being educated on reproductive and health rights. However this should

be taught in such a way as not to encourage pre-marital sex. Religious views should also be taken

into account. For example, Muslims and Christians are against the idea of using contraceptives

and this should therefore not be encouraged in sex education.

5.2.3  Attitudes 

The study also revealed people’s negative attitudes towards teenage pregnancy and education.

There is a need therefore to change the negative attitude through the dissemination of

information through the media or public education about the importance of introducing sex

education in schools including imparting knowledge of contraceptives. Society also needs to

support teenage mothers’ education as this will benefit the women, their children and the

community as a whole. As suggested by Nyirenda (2012) there is a need for the community to

change and accept the return of pregnant girls to school after delivery for the benefit of the girls

and the community at large. For example in Zambia after seeing the benefits of retention of

teenage mothers in school, many families are beginning to support girls who fall pregnant in

school by assisting them continue with their education.

5.2.4  Corruption 

One of the reasons for not referring school girl pregnancy cases to court was the prevalence of

corruption in the legal system and among the police officers. To get rid of corruption there is a

61

need to improve the working conditions of both judicial officers and the police. People are

usually driven into corruption because their salaries are insufficient to enable them meet the cost

of the basic needs of life. So if salaries are improved there is less likely to be corruption.

5.2.5  Lack of Evidence 

Lack of evidence was also among the factors leading to the dismissal of school girl pregnancy

cases in court. Parents and impregnated girls need to be informed about the need to be co-

operative and play their part when cases are brought before the courts. Also in to ensure that

those who are impregnated do not give false evidence in court to protect the accused there is a

need to record affidavits from them at the police station and if they depart from that evidence in

court, they should be prosecuted for perjury. However the problem with recording such affidavits

is that you might end up punishing the victim while the accused goes free.

5.2.6  Court Procedure 

This study further revealed a lack of confidence in the justice system which results in many

people not resorting to the courts in school pregnancy cases. This is due to the cumbersome

procedure and the long time in takes to finalize cases. Therefore people need to be educated on

court procedures so that they have faith in the system.

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