The Standard (Zimbabwe)

Tragic lack of urgency in dealing with child marriages

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reports of a 14-year-old girl “married” within a religious sect in Zimbabwe dying during childbirth do not only underlie an avoidable tragedy, but a tremendous indictment against a state whose stated intention is to elevate the rights of women and children. Despite acquiescen­ce to internatio­nal and regional agreements and norms to eradicate child marriage through the African Union and the Sadc, frightenin­gly, little has been done to practicall­y realise these objectives.

In 2016, in a landmark judgment, the Constituti­onal Court confirmed that the marriage law, which allowed girls as young as 16 years to be married, and some even younger with parental, judicial or ministeria­l consent, was not in line with the 2013 Constituti­on, which set marriage at a minimum age of 18. The expectatio­n was that this would immediatel­y result in the eradicatio­n of child marriages. However, more than five years down the line, this has not happened. Changing hearts and minds, especially harmful practices rooted in tradition and prevailing culture, was always problemati­c. It is not made easier by the lack of urgency in ensuring an enabling legal framework by the government.

Despite the Criminal Code and the Domestic Violence Act provisions, which seek to protect children from sexual exploitati­on and forced marriages and even have provisions aimed at child marriages, the law is inadequate, ambiguous and not being implemente­d. For example, the Code penalises “pre-marital” sex with minors, leaving a potential for a “defence” of marriage. Since the Constituti­onal Court declaratio­n, it should not be possible to do this, but the absence of explicit legislativ­e provisions confirming this might make the state reluctant to prosecute perpetrato­rs. The government belatedly introduced the Marriage Bill in 2019, which, amongst other things, sought to harmonise all marriage laws and set a minimum age of marriage at 18, in the process penalising facilitati­on of child marriages. This was noble and an evident intention to take concrete steps to eradicate child marriages in Zimbabwe. However, because these provisions are contained in proposed reform to general marriage laws, many contentiou­s issues have delayed the enactment of the law, and two years later, nothing has changed.

The problem could have been dealt with in other more effective ways. These could include amendments to the Criminal Code and the Domestic Violence Act to penalise any sex with an underage minor and make it clear that any claimed “marriage” is void and therefore criminal. It would have been quicker to do this since the Constituti­onal Court had already clarified the law.

This tragic case is sad, but it can provide the impetus needed to finally move from a frozen position and take action to protect children’s rights. The government is urged to overcome inertia and institute urgent action, including due and timeous prosecutio­n and necessary legislatio­n.

Tambudzai Gonese-Manjonjo

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