Tragic lack of urgency in dealing with child marriages
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