ZLHR applauds government on enactment of marriages act to protect children

Recently passed into law, the Marriages Act is commendable because it
unequivocally abolishes and criminalises child marriages and will
hopefully if implemented, protect children particularly girls, who
over the years have borne the brunt of the unlawful and despicable
practice.

Enactment of the Marriage Act is also laudable because it finally
aligns the marriage laws of the country to a large extent with the
Constitution and Zimbabwe’s obligations under international law. ZLHR
hopes that the Marriages Act will be interpreted in a manner that
guarantees the rights of women.

Although the enactment of this crucial law is laudable, there is
significant work which remains to be done in the fight against the
scourge of child marriages.

In order to fully eradicate the scourge of child marriages from our
society, the other two arms of government – the executive and
judiciary need to commit to the effective enforcement of the law,
which now criminalises child marriages as well as to enhance access to
justice for children who may need protection of the courts. Such
enforcement action entails the investigation and prosecution of all
perpetrators of the unlawful practice without fear or favour.
Moreover, the courts should pro-actively invoke and apply the
provisions of the Marriages Act in order to bring an end to the
harmful practice of child marriages. Government should also implement
nationwide programmes which are designed to raise awareness on the
prohibition and criminalisation of child marriages.

It is also important for traditional leaders, such as chiefs and
headmen to use their significant influence in their communities to
ensure that the practice of child marriages is effectively eradicated.
Child marriages have proliferated in Zimbabwe partly because of
traditional beliefs and customs which endorse the practice. The
practice of such an abominable practice by some religious sectors –
especially the apostolic sect has not helped. However, the supreme law
of the country, the 2013 Constitution, made it very clear that only
those aged 18 or above could marry. Now the Marriages Act, also
criminalises this deplorable practice. As such, all practices as
influenced by culture and even religious beliefs which are
inconsistent with the Constitution are of no effect and cannot stand.
Since the Marriages Act now criminalise child marriages, all
traditional practices, cultures, religious beliefs and practice which
enable and facilitate child marriages are therefore unlawful. ZLHR
reminds traditional leaders that they have a constitutional obligation
to act in accordance with the Constitution and the laws of Zimbabwe,
in terms of section 281(1)(a) the Constitution. Traditional leaders
also have an obligation to act in accordance with an Act of
Parliament, such as the Marriages Act, in terms of section 282(1)(d)
of the Constitution. ZLHR also wishes to advise all apostolic sect
leaders that have been enabling child marriages that their days are
numbered as the long arm of the law will catch up with them.

ZLHR urges the public and community leaders, such as religious
leaders, to play their part towards eradicating the despicable and
unlawful practice of child marriages. The effective eradication of
this illegal practice requires all citizens to spread awareness on the
prohibition of child marriages, so that societal norms and views align
with the laws prohibiting child marriages. The eradication of child
marriages can only be achieved if the societal norms align with the
legal prohibition of the pervasive practice.

Despite the significant work that still needs to be done towards
eradicating child marriages, ZLHR applauds government for the concrete
steps it has taken to date towards the eradication of the much-loathed
practice by just criminalising this abomination.

ZLHR also recognises that the Constitutional Court had already acted
to uphold the fundamental rights of children by effectively
prohibiting child marriages in the landmark case of Mudzuru and Anor v
Ministry of Justice, Legal and Parliamentary Affairs N.O. & Ors
(Constitutional Application 79 of 2014, CC 12 of 2015) (2016) ZWCC 12
(20 January 2016).

ZLHR is also encouraged that government accepted and is now
implementing the recommendations of United Nations Member States,
concerning the eradication of child marriages, that have been passed
during the successive reviews of Zimbabwe at the Human Rights Council
led Universal Periodic Review Mechanism (UPRM), which are held in
Geneva. At the most recent UPRM review held in November 2021 and
January 2022, UN Member States recommended that Zimbabwe should enact
laws which prohibit and criminalise child marriages, in line with the
country’s obligations under international law. The Zimbabwean
government accepted the recommendations and implemented them by
enacting the Marriages Act, which now prohibits and criminalises the
harmful practice.

In recognition of the coming into force of the Marriages Act, ZLHR;
•    Commends Zimbabwean authorities for taking concrete steps towards
the eradication of child marriages by enacting the Marriages Act;
•    Applauds government for accepting and implementing the UPR
recommendations made at the Third Cycle review on the eradication of
child marriages in record time;
•    Urges government to implement programmes designed to raise awareness
on the prohibition of child marriages and prosecute all perpetrators
of the harmful practice;
•    Urges the public and traditional leaders to play their part  in
aligning  societal norms with the laws which prohibit child marriages;
•    Reminds traditional leaders of their constitutional obligation to
uphold and enforce the laws of the country, which prohibit child
marriages;
•    Reminds religious leaders of the supremacy of the Constitution and
their role of respecting all laws of the country especially those that
protect vulnerable members of the society such as children.