Govt now ready to amend conflicting laws on marriage

By Waryoba Yankami

18th October 2013

On October, 11 this year, Tanzania joined other countries in cerebrating the International Day of the Girl Child, in Tanzania. The cerebration was organized by the United Nations Population Fund (UNFPA) and the United Nations in Tanzania in collaboration with Graca Machel Trust Fund, Children’s Dignity Forum and Tanzania Media Women Association (TAMWA). Our correspondent attended the meeting and reports…

The international Day of child Girl brought together panelists administrators and activists, the panelists were minister for constitution and legal affair Mathias Chikawe, Bishop Jacob Ole Paul Mameo for Morogoro Diocese of Lutheran Church of Tanzania, Bernard Orimbo of the Graca Machel Trust Fund, Justa Mwaituka Chairperson of Tanzania Ending Child Marriage Network and Executive Director of Tanzania Media Women Association (TAMWA) Valerie Msoka

The focus in the panel discussion was on the two laws that are contradicting each other; the Marriage Act ironically legalizes marriages of the girl at the age 14 and 15 with court and parents/ guardians consent, respectively while Sexual Offences Special Provision Act states that any person under the age of sixteen (16) years, is considered as a minor.

The contradiction in the two laws is seen when the law of marriage allows marrying the girl at the age of 14 and 15 while SOSPA law pronounce that any person conducting sexual intercourse with a girl below 16 is raping.

In the panel discussion, the dominant question is if the new constitution would accommodate the ending of child marriage and give girls opportunity to enjoy their rights to education, right to choice which they missed for years now by changing the two laws?

The question was directed to the minister for Constitution and Legal Affairs, Mathias Chikawe, and he had this to say “it has reached a time for the two laws to be changed since complaints from all corners have been raised against them”.Chikawe said that the government hopes that the Constitution Review Commission (CRC) will change them, added that if the commission will not change them, the matter will be taken before the government again.

“The government recognizes the two laws, that they are contradicting each other but it was delaying to change them because more education was needed to people rather than immediate change” he said adding that some laws are formed by society consensus therefore current society has demanded the laws must be changed.

The minister however, ensured the panel that the two laws in three coming years will not exist; they will be changed by either the CRC or the government itself to make sure that girls are not married at young age.

He admitted that there are young girls who are married at the age of 12 and below whereas he stressed that it is an offence for the doing such behavior because the law stating the age of 15 for girls and 18 for boys but not otherwise although currently they should be changed.

Child marriage has identified as a thorn to girls prosperity as thousand of girls in Tanzania and Africa as well are found into child marriage without their will.

According to Graca Machel, 14 million girls are married yearly which has a very big impact to themslves as they are isolated from their families, parents and schools. About six million adolescence give birth every 90 percent of them are married.

“To be successful in eradicating child marriage by 2030, there is no village, no township, no corner of this great continent that should not hear the message that child marriage can end” said Graca Machel.

For her part, Justa Mwaituka the Chairperson of Tanzania Ending Child Marriage Network, said that to end up child marriage multiple strategies are needed to be applied including investing in girl education.

Mwaituka noted that another strategy is to educate the community that practicing child marriage and that community should be able to enact its laws that will protect girls from the marriage and government also should be ready to change the country laws on marriage which look harassing girls and those that contradicting.

TAMWA Executive Director Valerie Msoka commented that if the government has agreed to change the laws, it should clearly define that who is a child and identify the age of the child person because without stating the age the contradiction will continue to be there which will give a chance some people to continue using that weakness to oppress girls.

Bishop Jacob Ole Paul Mameo for Morogoro Diocese of Lutheran Church of Tanzania says that his church is not tolerating child marriage and as the Bishop he has never conducted child marriage service or bless it at all.

The Inter-African Committee on Traditional Practices Affecting the Health of Women and Children in 2013 has indicated that Tanzania has one of the highest child marriage prevalence rates in the world. On average, almost two out of five girls will be married before their 18th birthday. About 37 percent of the women aged 20-24 were married or in union before age 18.

Child marriage in Tanzania mainly affects girls and women, Tanzanian women or average get married more than five years earlier than Tanzanian men.

According to the United Nations Population Fund (UNFPA), in 2010, women aged 20-24 and living in rural areas were almost twice as likely to be married or in union before age 18 than in urban counterparts. The urban-rural divided has remained at roughly the same level since 2004.

UNFPA has indicated that child marriage in Tanzania occurs more frequently among girls who are the least educated, poorest and living in rural areas, 61 percent of women aged 20-24 with no education and 39 percent with primary education were married or in union at age 18, compared to five percent of women with secondary education or higher education.

However, the organization says, household wealth influences the prevalence of child marriage among all wealth quintiles. Girls from the poorest 20 percent of the households were more than twice as likely to be married or in union before age 18 than girls from the richest 20 percent of the households.

Commemorating International Day of Child Girl, international communities were not ready to be left behind, United Nations Secretary General Ban Ki-Moon said this “empowering girls, ensuring their human rights and addressing the discrimination and violence they face are essential to progress for the whole human family. He said that one of the best ways to achieve all of these goals is to provide girls with the education they deserve.

Mariam Khan from the United Nations Population Fund (UNFPA) said that her organization is empowering both girls and boys to speak for themselves and working with other UN partners and the government to make sure that at least all groups are enjoying their rights and meet their goals.

UNFPA noted that expelling girls in school after becoming pregnant is against human right to education something taking place in Tanzania is that there are some girls who continuing with school after giving births in private schools while those in government schools are totally expelled.

THE Minister for Constitution and Legal Affairs, Mathias Chikawe says for long time Marriage Act of 1971 and that of Sexual Offences Special Provisions Act (SOSPA) of 1998 have been criticized for contradicting each other and blamed for affecting girl’s rights, dignity and prosperity. 

SOURCE: THE GUARDIAN