FR

Staff Writer

HARARE, ZIMBABWE: Zimbabwe's Vice President, Emmerson Mnangagwa on Saturday (12 November, 2016) officially launched the SADC Model Law on Eradicating Child Marriage and Protecting those Already in Marriage, paving the way for the domestication of this groundbreaking law by SADC Member States.

Speaking to approximately Members of Parliament from 13 SADC Member States who included Speakers of National Parliaments, the Vice President, who also officially opened the 40th Plenary Assembly Session of the SADC PF in the Zimbabwean capital, Harare, described the day on which the Model Law was launched as a great day in the history of the SADC Region.

"Today will go down in the annals of history as the day that our Members of Parliament set aside political and other differences to resoundingly say NO to child marriage by delivering a Model Law that will no doubt provide guidance to all our Member States as they develop or refine their own national laws to eradicate child marriage," he said to thunderous applause.

 

Describing child marriage as an "embarrassing scourge", Mnangagwa, who is also the Minister of Justice, Legal and Parliamentary Affairs, noted that it had taken SADC PF and its partners nearly two years to develop the Model Law with so much commonality that it could easily be adopted or adapted as Member States reform, develop legal instruments and policies to eradicate child marriage.

"It has been a long journey marked by widespread consultations involving many stakeholders including legal drafters, our own MPs, civil society organisations and even our judges who enriched the Model Law," he said before outlining six detailed steps taken to develop the Model Law before the 39 th SADC PF Plenary Assembly Session which took place in Ezulwini, Swaziland on the 3rd of June, 2016, unanimously adopted it.

A lawyer, the Vice President said Model Law provides evidence-based guidance on how the SADC Region can address child marriage, especially in the face of inadequate or sometimes conflicting related legal instruments.

"Based on the latest evidence, the Model Law will no doubt be a valuable sounding board to countries as they reform, develop or revitalize their laws related to child marriage and its impact."

Noting that child marriage was a global problem, he urged SADC Member States to unite against the phenomenon lest they fail to benefit from the demographic dividend.

He said Zimbabwe, like other SADC Member States opposed child marriage, with the country's President Robert Mugabe determined to keep all children in school.

Mnangagwa said the Model Law would be distributed to Parliaments and other interested stakeholders in the SADC countries, especially relevant Government Ministries and Departments.

"It also needs to be presented to the SADC Secretariat for consideration to be transformed into a SADC Protocol on Child Marriage."

He urged SADC PF to hold workshops with key stakeholders in SADC Member States to popularize the Model Law and work with the media in this regard.

"Our Member States need to take a hard look at child-related marriage laws they have in their countries and pass relevant laws. More importantly, Members of Parliament can and must use their oversight role to ensure that National budgets support implementation of laws and policies in their countries to eradicate child marriage and support those already in marriage."

Speaking at the same launch, SADC PF Deputy President, Malawi lawmaker Joseph Njobvuyalema said the new Model Law might encourage SADC Member States to be accountable in the execution of policies, the enactment of laws and in coming up with strategic plans and measures aimed at eradicating child marriage, protecting children already in marriage and ensuring SRHRs of young persons.

"We are convinced that the creation of a robust and uniform legal framework relating to child marriage is key to addressing child marriage and Sexual and Reproductive Health and Rights," he said.

Njobvuyalema said regional and international treaties require countries to set the minimum age of marriage at 18, register all marriages and take effective action, including legislation, to eradicate child marriage.

"I call upon all MPs in our region to do all within their power to move towards implementing laws and policies that are relevant to our national settings to eradicate child marriage. This Model Law obliges Member States to provide in national legislation for intervention programmes to support child brides or wives and their families."

Among other things the SADC Model Law on Eradicating Child Marriage and Protecting those already in Marriage promotes earlier and more frequent use of family planning; HIV and AIDS and maternal health services; educational and economic opportunities to help break the cycle of inequality, illiteracy, illness and poverty that frequently perpetuate child marriage.

It provides, also, for comprehensive sexuality education and provides for collection of data on the number and status of children already in marriage, including the child's education, access to resources, health care, education, information and entertainment and the socio-economic status of the family.

Ezulwini: It is the 3rd of June, 2016. The clock ticks towards 4pm at the Royal Swazi Hotel here during the 39 th Plenary Assembly Session of the SADC Parliamentary Forum.

It has been approximately a year and a half since the SADC PF and other partners began developing a SADC Model Law on eradicating Child Marriage and protecting those already in marriage. The Plenary Assembly Session is the highest decision-making body of SADC PF - the deliberative body that brings together 14 national parliaments of Southern Africa.

Today, the region's parliamentarians stand on the cusp of history. After nearly nine hours of intense debate and poring over all parts of the draft model law, a bold decision must be made.

In attendance are about 190 people. They include Speakers of National parliaments, parliamentarians and traditional leaders - the first time latter have attended a SADC Plenary Assembly Session. Also present are observers. Mostly representatives of organisations that collaborate with SADC PF.

Special care has been taken to develop a regional law with so much commonality that it can be easily adapted or adopted as member states enact or refine national laws to eradicate child marriage, which Dr. Esau Chiviya, Secretary General of SADC PF, has branded "an abomination."

I PUT IT TO YOU: ZIMBABWEAN PARLIAMENTARIAN INNOCENT GONESE (RIGHT) MAKES THE CASE FOR THE ADOPTION OF THE SADC MODEL LAW ON ERADICATING CHILD MARRIAGE AND PROTECTING THOSE ALREADY IN MARRIAGE. PHOTO: MOSES MAGADZA

Now the region's lawmakers must adopt the model law or throw it out. After an impassioned submission, Zimbabwean lawyer and parliamentarian, Innocent Gonese, rests his case with a plea to the plenary to adopt the law.

Perched on the podium, Malawian lawmaker, Joseph Njobvuyalema - the deputy president of SADC PF - is acting president during this plenary. He is presiding over proceedings with magisterial seriousness.

With his head tilted and peering over his spectacles, he calls for order.

"Honourable members," he says, "I now pose the main question: those who think the SADC Model Law on eradicating child marriages and protecting those already in marriage should be adopted, say 'Aye'."

A young woman - she can't be more than 25 years old- sits nervously, eyes wide open with anticipation. She is so young that she looks out of place in this august house. I make a mental note to interview her later.

In response to Njobvuyalema's question, there is a loud chorus of 'Aye!'

Out of formality, he says: "Those of the contrary opinion, say 'Noe'."

There is so much silence you can hear a snail clearing its throat a kilometer away.

Once again, the Acting President's authoritative voice booms through the public address system.

"The 'Ayes' have it."

He bangs his fist on the table, closing the matter.

While many delegates in the house cheer and others hug each other with excitement, the young woman raises two clenched fists into the air, closes her eyes and smiles.

As soon as I can, I approach her and introduce myself. I am curious to know why she is here.

UNBROKEN: MS CHIPASHA ILIAMUPU WHO WAS MARRIED OFF AT THE AGE OF 14 HOPES SADC MEMBER STATES WILL USE THE NEW MODEL LAW TO ENSURE THAT HER SEVEN YEAR OLD DAUGHTER AND MILLIONS OF OTHER GIRLS AND BOYS IN THE SADC REGION WILL HAVE A BETTER FUTURE. PHOTO: MOSES MAGADZA

"My name is Chipasha Iliamupu. I am 23 years old and I am a child marriage survivor from Zambia," she tells me.

She agrees to tell me her story and our interview begins. My 20 years of journalism experience have not prepared me for what I am about to hear.

"Where were you born, and how many siblings do you have," I ask.

"I was born in Livingstone. I have five brothers and two sisters. I am the second from last," she says.

"What did your parents do for a living?"

"They were never in any formal employment. They had tailoring skills and were peasant farmers."

"How old were you when you started school?"

"I was seven years old at Kalumwange Primary School in the western province of Zambia."

"Teachers often ask first graders what they want to be when they grow up. What did you aspire to become?"

"My mother saw a freedom fighter in me. She called me 'Mama Kankasa' (one of the freedom fighters during Zambia's struggle for independence). I said I wanted to be an ambassador."

"When and how did the going get tough for your family?"

"When my mother passed on. Things got very hard."

"How old were you and were all your siblings in school?"

"I was nine. All my siblings were in school, but the majority ended in primary school. Only two of my siblings reached Grade 9."

"Did your father remarry or did he try to raise you and your siblings alone?"

"He never remarried."

"How was your marriage arranged and how did you meet your husband?"

"I saw him for the first time on the day that I was married off. He was 20 years older than me. He had three children with three different women. I was nearly 15 years old."

"How were you prepared you for what you were getting into?"

"My tradition prepares girls for marriage at puberty, regardless of one's age. I had already been taught to maintain a home at the age of 14."

"What is the name of that cultural initiation, how long does it take, who does the teaching and what were you taught?"

"It is called Sikenge of the Lozi people. The duration is dependent on how slow or fast one is on catching instructions. The curriculum includes how to take care of a man in the bedroom, how to care for a family and how to treat in-laws. The most repeated and emphasised thing is to be secretive about whatever treatment one receives in the marriage home. Fast learners only learn for a month. Slow learners can go for three or more months."

"How much was your father paid in lobola and why do you think he married you off?"

"My lobola was ZMK300, 00 (about USD30). He married me off due to financial constraints. Besides, I had already been prepared for marriage. I dropped out of school in Grade 8."

"How was life in your new home?"

"Life was pathetic. Our relationship lacked intimacy. I fell pregnant within four months of my arrival. My first sexual encounter was very, very painful and that triggered a lot of things in my mind. After being prepared for sweet, enjoyable sex, I got the opposite."

"Were you physically, emotionally or sexually abused?"

"Yes. He never used to prepare me for intercourse. He just used to force himself on me. He used to beat me up a lot and strip me naked in public. He ill-treated me. He would write budgets for me and give me exact amounts of money."

"How old were you when your child was born?"

"I was 15 years and 10 months old. I had serious problems during labour because it was prolonged and difficult. After a while I met officials from Young Women Christian Association (YWCA) and decided to go back to school. That made my husband more violent."

"What prompted your desire to go back to school?"

"I thought I was being subjected to inhuman treatment due to lack of education."

"How difficult was it for you to walk out of that marriage?"

"It wasn't easy. I was all alone. My relatives didn't want me to leave. Others said I would suffer if I left. I filed for divorce and followed the procedures alone. The only 'relatives' I had were the documents I got from the Victim Support Unit of the police."

"Did you succeed?"

"Yes. The court ruled that I must have custody of the child and that the father must support her until she is 18 but he threatened me; said whatever happened to the child - even if she died - I mustn't inform him."

"Where did you go and what did you walk away with?"

"I went to my uncle's house. I walked away with the freedom to pursue my dreams academically and to strive towards self-actualisation. I went back to school in 2010. It wasn't easy. Female teachers stigmatized and ridiculed me. I overcame that by confiding in the head teacher. He understood and supported me."

"How did that help you?"

"I excelled in my studies so much that I was selected to represent my province on an educational tour to Kenya. I am now a second year student at the University of Zambia, reading towards the award of a degree in Linguistics."

I ask her what she would want to see the region's parliamentarians do now that the model law has been adopted.

"They should make the rights of my seven year old daughter and other children a priority by implementing the law. They should involve young people in discussions about issues that affect young people. No one knows where the shoe pinches like the wearer. Young people learn more from other young people. Create a platform for them," she says.

Following the adoption of the model law, solidarity and congratulatory messages are coming thick and fast.

Sweden has partnered with SADC PF since 2007. From 2014 it has been funding a four year SRHR, HIV and AIDS Governance programme. It wishes SADC PF all "success with the execution of the model law, in particular the domestication and monitoring."

The United Nations Population Fund (UNFPA) says today is "a wonderful day" and congratulates SADC PF MPs for making a "landmark decision which has the power to transform the lives of millions of girls."

Fighting back tears, Ms. Nyaradzai Gumbonzvanda, the African Union's Ambassador for Ending Child Marriage praises the MPs, telling them the adoption of the model law is "precedent-setting."

The Association of European Parliamentarians with Africa (AWEPA) says the adoption marks "a turning point in the struggle for the rights of the girl…an example of parliamentary excellence."

Civil Society Organisations salute the MPs for "enduring a long and painful process of delivering this baby (model law), which is alive, healthy and eagerly awaited out there by tens of thousands of people."

The East African Legislative Assembly says SADC PF MPs have come of age and urges all SADC member states to "support the long overdue transformation of SADC PF into a SADC Regional Parliament."

The SADC Secretariat says the SADC PF MPs have taken a "step in the right direction" and says the model law is consistent with the SADC Protocol on Gender and Development which prohibits marriage of anyone below 18 years of age.

The United Nations Development Programme (UNDP) calls the adoption "an historic initiative."

The excitement is understandable. UNFPA reckons that in East and Southern Africa, 34 percent of girls are married before the age of 18 - seven million girls every year. Over a million of them are below the age of 15. That makes them vulnerable. UNDP estimates that in at least five countries in SADC, almost 40 percent of children are married before the age of 18. Two of the 10 countries with the highest prevalence of child marriages are in the SADC Region.

One man - Harvard-trained lawyer and Botswana Member of Parliament, Duma Boko, - follows the congratulatory messages seemingly unmoved. I approach him and fish for his reaction and what he would like to see going forward.

"Adoption is a very important step," he tells me. "It expresses ideals. The next is to have all SADC countries incorporate, enact or promulgate the provisions of this model law into their domestic legal frameworks. It is only at that point that we will begin to celebrate because that would provide a concrete measure of whether the goals enunciated in the model law are being realized in practice. That would be the ideal time to pop the Champaign and celebrate."

For Gonese, who strenuously argued for the adoption of the model, today was just another day in parliament.

For Iliamupu, her daughter and millions of the region's girls and boys - many undocumented - the hopeful wait for implementation of this law and results begins now.

This pace-setting SADC Model Law on Eradicating Child Marriage and Protecting Children Already in Marriage would not have been developed successfully were it not for the financial, technical, political, moral and other support that the SADC Parliamentary Forum got from many cooperating partners, people and institutions.

À propos de nous

Le Forum parlementaire de la Communauté de développement de l'Afrique australe (SADC PF) a été créé en 1997 conformément à l'article 9 (2) du Traité de la SADC en tant qu'institution autonome de la SADC. Il s'agit d'un organe interparlementaire régional composé de treize (14) parlements représentant plus de 3500 parlementaires dans la région de la SADC.

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