Shamwari Yemwanasikana has petitioned the Parliament of Zimbabwe to fast track passage of the Marriages Bill as a matter of urgency to enable the protection of young girls from child marriages. Read the full petition below.
Shamwari Yemwanasikana whose contact person will be Ekenia Chifamba, the Director of Shamwari Yemwanasikana. Contact number +263 0772 607 384
Respectfully shows that your Petitioners:
- Being citizens of Zimbabwe, and
- Whose funding methods are subscriptions from members, well-wishers, and donor funding from various organisations
Commending: We acknowledge government’s efforts in ending child marriages. Section 19 (1) of the Constitution of the Republic of Zimbabwe, 2013 states that ‘the State should adopt policies and measures that in matters relating to children, the best interest of children are paramount”. The constitution also states that the government must take measures to ensure that children are not pledged into marriage in section 26 (2). Section 78 (1) of the constitution states that every person who has attained the age of 18 has the right to a found family, meaning he can enter into a marriage for the purposes of establishing a family and prohibits forced marriages in section 78(2). Everyone is equal before the law and has the right to equal protection and benefit of the law according to section 56 (1) of the constitution.
The Domestic Violence Act categorizes child marriages within the scope of violence against women and girls. In 2016 the Constitutional Court outlawed child marriages in Mudzuru and Another v The Minister of Justice, Legal and Parliamentary Affairs & Others CCZ 12/2015. Government has made efforts to align the constitutional court’s judgement with other laws. Thus, the Child Marriages Bill which was later incorporated into the Marriage Bill. The Marriage Bill states that the minimum age of entering into any form of marriage is 18years.
Concerned about the increasing cases of child marriages. The existing legal provisions are not being implemented and enforced to end child marriages. The delay in the passing of the Marriage Bill into law is resulting in more girls finding themselves in a sham of marriages instead of having perpetrators brought to book and ending child marriages.
Further concerned: The Marriage Bill has been tabled in Parliament for debate for about 2years. According to Veritas Bill Watch the debate on the Bill is currently in the Chief’s Senate. The senate reportedly reached a deadlock over a clause that states that lobola is no longer a prerequisite for proving marriage. This is a major concern because girls remain vulnerable to exploitation that has been sanitized as child marriages.
Worried: The lack of legislation that prohibits child marriages in line with the constitution and the constitutional court’s judgement and the lack of implementation of existing policies thereof. The continued use of religious beliefs to lure girls into child marriages has been practised for years with little being done to put an end to these acts. We have cultural practices that force girls into marriages if they fall pregnant out of wedlock despite their age thus resulting in child marriages.
And Now Therefore we the undersigned, beseech the Parliament of Zimbabwe to do the following:
- To facilitate the passing of the Marriage Bill into law as a matter of urgency.
- To criminalize child marriages. Having the minimum age of marriage without making provision for punishment for those who marry minors or aid in the marrying of minors.To facilitate the implementation of the Domestic Violence Act which categorizes child marriages as domestic violence.
Our Issues:
Child marriages are prevalent in Zimbabwe. A 2014 study conducted by Plan International in showed that 31 percent of girls under the age of 18 were married. Most cases of child marriages are recorded from girls who are from poor backgrounds. Poverty has proved to be the key driver to child marriages thus the need for poverty eradication. The eradication of poverty also ensures that girls stay in school and do not resort to child marriages.
According to the Marriage Act, the minimum age for marriage under civil law was set at the age of 18 for boys and 16 for girls with parental consent and those below this age would possibly get married legally with ministerial consent. However, this provision was ruled unconstitutional and is not applicable retrospectively. The Customary Marriages Act did not make provision for the minimum age of marriage until the Mudzuru case which held that the minimum age of marriage is 18 for all types of unions.
Our issues are as follows:
- Access to birth and marriage registration needs to be strengthened and used as a means of detection, prevention and combating child marriages. Proof of age must be requirement for all types of marriage, either by production of a birth certificate or sworn affidavit.
- Most of the survivors of child marriages are adolescents who are not well informed on their sexual and reproductive health. Being a spouse at a young age has left them vulnerable to HIV/ AIDS and sexually transmitted infections due to their inability to negotiate safe sex. The need to prove their fertility has resulted in most girls foregoing family planning methods thus putting them at risk of maternal deaths. Therefore, there is need for access to sexual and reproductive health information and services.
- Existing legal provisions that prohibit child marriages need to be implemented, enforced and monitored. Cases of child marriages are not reported due to cultural attitudes, or dependency on the perpetrator for financial support. Therefore, there is need for existing legal provisions to be implemented, enforced and monitored.
- Legislation that deals with children’s rights should be harmonised and aligned in line with the constitution and the international treaties that the government has assumed. Article 2l of the African Charter on the Rights and Welfare of the Child prohibits child marriages and the betrothal of boys and girls with effective action including legislation that specifies the minimum age of marriage to be 18. Therefore, the need for alignment of laws to speak in harmony as far as the minimum age of marriage is concerned.
Our prayer:
We the petitioners thus reinstate our position and prayer as follows:
- The Marriage Bill has to be passed into law as a matter of urgency. Young girls continue to fall victim to child marriages therefore the need for laws that set the minimum age of all forms of marriages and criminalizes child marriages.
- The implementation and enforcement of the Domestic Violence Act which categorizes child marriages as domestic violence. Legislation that prohibits child marriages should be aligned with constitutional provisions.
WE, the petitioners pray that you may undertake our forwarded position.
Signed
Shamwari Yemwanasikana
Source: Shamwari Yemwanasikana
