Republic of

NATIONAL STRATEGY ON ENDING CHILD MARRIAGE IN ZAMBIA 2016 - 2021 Table of Contents...... i Acronyms...... iii Foreword...... iv S Acknowledgement...... vi T Executive Summary...... vii N 1.0 INTRODUCTION...... 1 E 1.1 Background T 1.2 Legislative Framework N 1.3 Rationale

O 1.4 Management Structure C

2.0 ENVIRONMENTAL ANALYSIS...... 4 S 2.1 External Environmental Analysis: T Political, Economic, Social, Technological, Environmental N & Legal (PESTEL) E 2.2 Global and Regional Trends T 2.3 National Trends

N 2.4 Legal and Regulatory Framework 2.5 Understanding of ‘the Child’ and ‘Childhood’ O 2.6 Internal Environmental Analysis: C Analysis of Strengths, Weaknesses, Opportunities and Threats (SWOT) S T

N 3.0 STAKEHOLDERS ANALYSIS...... 19

E 4.0 STRATEGIC DIRECTION FOR THE CAMPAIGN ON ENDING CHILD MARRIAGE FOR THE PERIOD 2016 - 2021...... 20 T 5.0 OBJECTIVES, STRATEGIES, PERFORMANCE INDICATORS N AND BROAD TARGETS...... 20 O C

i CONTENTS CONTENTS CONTENTS 9.0 8.0 7.0 6.0 Appendix “C”……………………………………………………………………… Appendix “A”……………………………………………………………………… STRA IMPLEMENT LINKING THESTRA GENERAL ASSUMPTIONS………………………………………………………… PRE-CONDITIONS………………………………………………………………… Appendix “B”……………………………………………………………………… TEGIC PL A TION, MONITORINGANDEV AN...... TEGIC PL ii ...... AN TOTHEBUDGE ...... ALUA TION OFTHE TING PROCESS...... 22 ...... 35 36 25 23 22 21 Acronyms

CBO: Community Based Organisation CM: Child Marriage CSO: Central Statistics Office CSO: Civil Society Organisation CWAC: Community Welfare Assistance Committee DDCC: District Development Coordinating Committee ECM: Ending Child Marriage GBV: Gender Based Violence KAP: Knowledge, Attitudes and Practices M&E: Monitoring and Evaluation MCDSW: Ministry of Community Development and Social Welfare MLGH: Ministry of Local Government and Housing MLSS: Ministry of Labour and Social Security MOCTA: Ministry of Chiefs and Traditional Affairs MOF: Ministry of Finance MOG: Ministry of Gender MOGE Ministry of General Education MOH: Ministry of Health MOHA: Ministry of Home Affairs MOHE: Ministry of Higher Education MOJ: Ministry of Justice MYSCD: Ministry of Youth, Sport and Child Development NPA: National Plan of Action NCC: National Coordinating Committee NGO: ` Non-Governmental Organisations PDCC: Provincial Development Coordination Committee PESTEL: Political, Economic, Social, Technological, Environmental and Legal RSNDP: Revised Sixth National Development Plan SDGs: Sustainable Development Goals SMS: Short Messages Service SWOT: Strengths, Weaknesses, Opportunities and Threats ZDHS: Zambia Demographic and Health Survey ZICTA: Zambia Information and Communication Technology Authority

iii Foreword

The issue of child marriage, defined as the legal marriage or informal union before the age of 18, has globally been identified as one of the major detriments to development and a major impediment to the realization of human rights. Zambia has not been spared from this: 31 % of women marry before their 18th birthday. Relatedly, adolescent girls continue to die from complications arising from early child bearing and both girls and boys continue to drop out of the school system before completing their education, therefore reducing their chances of escaping poverty.

The Government of the Republic of Zambia, working in partnership with stakeholders, has embarked on the programme to end child marriage, officially launched in 2013. The Ministry of Gender has the responsibility of coordinating the national efforts against child marriage, while also addressing the vulnerabilities as well as the consequences associated with marrying off children.

In carrying out the above interventions, my Ministry is responsible for strengthening coordination at all levels: raising awareness on child marriage; facilitating the review of policy and legal frameworks related to children and marriage, building capacities of stakeholders at all levels, mobilising funds and facilitating service delivery related to addressing the vulnerabilities and consequences of child marriage.

In order to strengthen the national response to ending child marriage, my Ministry, working with stakeholders, has developed this National Strategy on Ending Child Marriage. This document outlines the strategic focus for the period 2016 to 2021.

iv Foreword

The National Strategy is aimed at accelerating national efforts to end child marriage by 2030 by providing an operational framework that reflects the current national and global trends and efforts.

I am convinced that the National Strategy on Ending Child Marriage will promote and contribute to the protection of the rights of all children, both those affected by child marriage as well as those at risk. It will support their development and welfare as espoused in the Revised National Child Policy, the Revised Sixth National Development Plan, Zambia's Vision 2030, the United Nation's Convention on the Rights of the Child, the African Union Charter, and other relevant national and international policy and legal documents.

The overwhelming levels of commitment from and collaboration of all stakeholders including Government, Civil Society, Cooperating Partners and the private sector gives me great hope of a brighter future for our girls and boys who are vulnerable to early marriage.

Finally, I wish to assure all stakeholders in this fight against child marriage of the Government's highest commitment while urging all to be committed to the effective implementation of, and adherence to, the National Strategy.

Hon. Prof., MP MINISTER OF GENDER

v Acknowledgement

The development of the 2016-2021 National Strategy on Ending Child Marriage has been accomplished by the dynamic involvement of all stakeholders and the guidance of the Management Development Division, Cabinet Office. The tireless commitment to the task by the team is greatly appreciated.

In addition, I wish to thank the consortium's leadership for providing policy and strategic direction and guidance.

Special thanks go to the United Nations Population Fund (UNFPA), United Nations Children's Fund (UNICEF), UKAID through the Department for International Development (DFID) and the Government of Canada for providing technical and financial support towards the development of the strategy.

Finally, I wish to beseech management, staff and all stakeholders in the efforts to end child marriage to remain committed to the aspirations of ending child marriage as well as to the successful implementation of this National Strategy.

Mrs Edwidge K.M. Mutale Permanent Secretary MINISTRY OF GENDER

vi EXECUTIVE SUMMARY

The practice of child marriage, defined as a formal marriage or an informal union before the age of 18, is a reality that continues to affect many children globally. While it affects both boys and girls, girls are disproportionally affected, with an estimated 700 million girls and women having been married before the age of 18. The issue of child marriage is very prevalent on the African continent, where many of the highest rates of child marriage can be seen. In West and Central Africa, an average of 41% of girls are married before the age of 18. In Zambia, 45% of women aged 25-49 report being married before the age of 18, one of the highest rates in the region.

In response to the continued prevalence of the practice, despite both national and international efforts to combat it, in 2013 Zambia launched the campaign to end child marriage. The National Strategy on Ending Child Marriage has been developed to guide this process, and aims to address the overwhelming developmental and human rights impediments that are associated with marrying off children while also promoting the realisation of all child rights and child protection services.

The efforts of the Government to end child marriage are complemented and supported by various stakeholders, giving the campaign to end child marriage a multi-sectoral and holistic approach, which tackles both the causes and the consequences of the practice. It is guided by different national and international instruments, including the Revised Sixth National Development Plan (RSNDP), Zambia’s Vision 2030, the United Nations Convention on the Rights of the Child (1989), the African Charter on the Rights and Welfare of the Child, and other relevant national and international treaties and conventions.

The Strategy outlines the strategic direction and priorities for strengthening collaboration, coordination, management and service delivery related to the prevention and mitigation of child marriage. The Strategy outlines the Vision, Goal and Values of the campaign and sets the objectives of the campaign for 2016-2021. The Strategy further provides guidance and gives strategic direction to all stakeholders, ensuring a coordinated effort in the fight to end child marriage.

vii EXECUTIVE SUMMARY

Vision Statement “A Zambia free from child marriage by 2030”

Goal statement “To achieve a 40% reduction in child marriage by 2021”

Value Statement “In the campaign to end child marriage in Zambia, the Government and all stakeholders involved will, in the execution of their responsibilities, adhere to the principles of accountability, transparency, equality and non-discrimination, safer communities for children and the best interest of the child.”

The objectives for the Strategy on Ending Child Marriage in Zambia are:

i. To strengthen multi-sectoral responses in order to reduce children's vulnerability to marriage; ii. To facilitate the development and review of policies and legislation in order to ensure consistent interpretation and application of child related interventions; iii. To facilitate positive change in prevailing negative attitudes, behaviours, beliefs and practices in order to reduce the incidence of child marriage; iv. To facilitate the provision of child-sensitive services in order to reduce children's vulnerability to child marriage; and v. To effectively mobilize financial resources in order to enable implementation of programmes aimed at reducing children's vulnerability to marriage.

The National Strategy also outlines the strategic responsibilities of the different stakeholders as well as the responsibilities of the Ministry of Gender as the coordinating body, in line with Cabinet Directive.

viii EXECUTIVE SUMMARY

The environmental analysis highlights key national, regional and global trends and efforts around child marriage for the period 2013-2015.

The Political, Economic, Social, Technological, Environmental and Legal (PESTEL) analysis revealed a number of external factors that affected the performance of the stakeholders in the fight against child marriage during the period 2013-2015, while the Strengths, Weaknesses, Opportunities and Threats (SWOT) analysis highlighted internal factors that both negatively and positively affected effectiveness of stakeholders' interventions. Each of these is addressed with proposals to both mitigate challenges and seize potential opportunities.

In line with the findings of these reviews and background studies, the Plan has identified four strategic areas of focus for the period 2016-2021: a strengthened and coordinated multi-sectoral approach; an effective policy and legal framework; behaviour and attitude change; and enhanced child- sensitive service delivery mechanisms. The above will be supported by effective resource mobilization to ensure effective implementation.

For the Campaign to achieve its vision, cooperation and collaboration among all stakeholders and partners is inevitable. This will further be strengthened by the continued and sustained political leadership that has been exhibited towards the fight against child marriage in Zambia.

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1 INTRODUCTION

1.1 Background

The campaign to end child marriage in Zambia was started following a Cabinet directive and subsequently launched in 2013 to address the human rights violations as well as development challenges associated with child marriage. Child marriage, defined as the legal marriage or informal union before the age of 18, was recognized as a 'disaster': an estimated 31 percent of women aged 20 to 24 marry before the age of 18. Child marriage stems from a multitude of causes and situations as demonstrated by growing evidence and the consequences of the practice are far-reaching, for both the individuals concerned and their communities.

A large number of stakeholders, ranging from the Government, NGOs and Cooperating Partners, have run interventions to address both the causes and consequences of child marriage. However, children are exposed to multiple vulnerabilities which might lead to child marriage, and addressing these multiple vulnerabilities requires a concerted and collaborative efforts of all stakeholders. The Government of Zambia and concerned stakeholders realised the gap in the coordination of national efforts and interventions, and lack of evidence-based strategies.

The overall campaign and this National Strategy are well aligned to the Sustainable Development Goals, which under Goal 5 seeks to eliminate all harmful practices, such as child, early and forced marriages.

1.2 Legislative Framework supporting the Government's programme to end child marriage

The National Strategy on Ending Child Marriage is guided by and premised under the following Acts: I. The Constitution, Chapter 1 of the Laws of Zambia; II. The Marriage Act, Chapter 50 of the Laws of Zambia;

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III. The Juveniles (Amendment) Act, No. 3 of 2011; IV. The Adoption (Amendment) Act, No. 24 of 1997; V. The Anti-Gender- Based Violence Act, No. 1 of 2011; VI. Education Act, No.23 of2011; VII. The Penal Code (Amendment) Act, No. 1 of 2012; VIII. The Local Courts (Amendment) Act, No. 18 of 2003 and IX. The Matrimonial Causes Act, No. 20 of 2007

1.3 Rationale The National Strategy on Ending Child Marriage in Zambia has been developed in order to strengthen and coordinate the responses of all stakeholders in addressing the vulnerabilities as well as the consequences of child marriage, in line with national policy direction as well as international child rights standards.

The 2016-2021 National Strategy is intended to provide a clear strategic and operational framework for coordination, national mobilization, law and policy review and development, and service delivery that will accelerate the nation's efforts towards zero tolerance to child marriage. The Strategy lays the foundation for future efforts to eliminate child marriage by 2030 as provided for in the vision.

1.4 Management and Coordination Structure The Ministry of Gender is the Secretariat of the Consortium of Ministries that are party to the consortium. This Consortium is made of eleven Ministries: the Ministry of Chiefs and Traditional Affairs, the Ministry of Labour and Social Services, the Ministry of Home Affairs, the Ministry of Gender, the Ministry of Sports, Youth and Child Development, the Ministry of Health, the Ministry of Community Development and Social Welfare, the Ministry of General Education, The Ministry of Higher Education, the Ministry of Justice and the Ministry of Local Government and Housing.

The Ministers of the Consortium Ministries form the National Steering Committee on Ending Child Marriage. The National Steering Committee is responsible for providing policy direction for the campaign on ending child marriage.

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The National Coordination Committeeis responsible for providing key linkages between the Consortium Ministries and the Secretariat, as relates to planning, implementation, monitoring, reporting and evaluation of child marriage related interventions. The Coordination Committee is further responsible for ensuring that the provisions of the National Strategy are aligned to the respective Ministry's mainstream policies, strategies and programmes in order to enhance ownership and institutionalisation of child marriage interventions.

The Secretariat is responsible for coordinating the national efforts to end child marriage through the promotion of partnerships, linkages and collaboration with key stakeholders including the cooperating partners, civil society, private sector and the general public.

The Secretariat is further responsible for the planning, monitoring, evaluation and information management for the National Strategy, linking the processes through the Provincial, District and Area Coordinating Committees and together, form a comprehensive national coordination mechanism.

Appendix B provides an illustration of the Management and Coordination Mechanism for the National Strategy on Ending Child Marriage.

Plan Context This Plan provides an analysis which examines both the external and internal environments for the National Strategy on Ending Child Marriage. The analyses include a PESTEL (Political, Economic, Social, Technological, Environmental and Legal) Analysis, the SWOT (Strengths, Weaknesses, Opportunities and Threats)Analysis and analyses of clients and their needs, of stakeholders and their interest, and of strategic core issues.

The National Strategy presents the Government's strategic course for the period 2016-2021, outlining the vision, goals and objectives. The Strategy further presents the strategies, performance indicators and broad targets for achieving the goal and objectives. The general assumptions and pre-conditions for the successful implementation of the plan are also highlighted.

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2.0 ENVIRONMENTAL ANALYSIS The situational analysis presented below draws from available evidence and learning from international practices relating to child marriage and develops a greater appreciation of the practice within the Zambian context. An external environmental analysis looks at both global and regional trends, while both the PESTEL and SWOT analyse the internal environmental context. A stakeholder analysis seeks to identify the different interests of parties to ending child marriage.

2.1 External Environmental Analysis: Political, Economic, Social, Technological, Environmental and Legal (PESTEL) The analysis below highlights key external environmental factors and trends that have impacted on interventions related to child marriage to date and that may affect future interventions on ending child marriage.

2.2 Global and Regional Trends Child marriage, defined as a legal or customary union before the age of 18, threatens children's well being and constitutes multiple violations of their rights. In numerous contexts around the world, the practice has been shown to have profound physical, intellectual, psychological, and emotional impacts, especially for girls. Globally, children most affected by child marriage are those who are poor, live in rural areas, and are out of school and without opportunities for labour force participation.

Girls are significantly more likely than boys to be married off before the age of 18.It is estimated that globally some 700 million girls and women alive today were married off as children, and a further 280 million girls alive today will be married off by age 18 if current global action does not accelerate progress. Though girls are disproportionately affected, boys too are affected by child marriage, but with far less intensity than girls, at least 10% of boys (in at least 8 countries with data) are affected compared to over a third of the girls. Child marriage is most prevalent in South Asia and sub-Saharan Africa and least common in North Africa, the Middle East and Southeast Asia.

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Africa, home to 15 of the 20 countries with the highest rates of child marriage, has the second highest rates of child marriage in the world after South Asia. West and Central Africa in particular follow closely on the heels of South Asia with two out of five (41%) girls marrying before the age of 18.

In an effort to reverse these global and regional trends, a number of countries around the world have embarked on programmes and strategies to address child marriage. The United Kingdom is prominent in supporting global efforts to end child marriage, as demonstrated by the hosting of the first ever Global Girls Summit which took place in London in 2014. The African Union is leading the Continental Campaign on ending child marriage, having launched the campaign in 2014; and co-hosting with Zambia, the first African Girls Summit which was held in Lusaka in November 2015. Furthermore, a global commitment to ending harmful practices including child marriage was made at the United Nations in September 2015 with the launch of the Sustainable Development Goals.

2.3 National Trends

The prevalence of child marriage in Zambia

Zambia is among the top twenty countries with the highest prevalence rate of child marriage in the world. The 2013-2014 Zambia Demographic and Health Survey (ZDHS) found that child marriage was more common among girls than boys: 17% of girls aged 15-19 are married compared to only 1% of boys of the same age group. The practice disproportionally affects, and has affected Zambian females, as 42% of women aged 20-49 report having married before age 18, compared to 4.2% of men. The practice however, seems to be on the decline, as older generations are more likely to report a younger age of first marriage: 13.2% of women aged 45-49 were married before age 15 (and 53.7% before age 18) compared to 5.9% (and 31.4%) of women aged 20-24. Overall, there has been a 25% decline in the percentage of women 20 - 24 who report being married before the age of 18 since 2007, highlighting significant progress nationally in changing the prevailing practice.

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Zambian men marry on average five years later than women. The median age at first marriage among women aged 25–49 was 18.4 years in 2013, while the median age among men aged 25–49 was 23.9 years. Qualitative studies also point out that while intergenerational marriage is a reality in Zambia, children also marry each other, particularly under the customary laws, driven by customary practices and understandings of marriage.

Child marriage and sexuality

Child marriage is inextricably linked with understanding of sexuality and in particular the age of sexual debut. The 2013–2014 ZDHS found that 13% of women aged 25–49 had their first sexual intercourse by the age of 15, with 58% by the age of 18, and 75% by the age of 20. The median age at reported first sexual intercourse among women aged 25–49 was 17.3 years – almost one year younger than the median age at first marriage (18.4 years). This finding suggests that Zambian women initiate sexual intercourse a year before their first marriage. The median age at reported first sexual intercourse among men aged 25–49 was one year later, at 18.3 years, and indicates that men engage in sexual relations up to five years before their first marriage.

The ZDHS also established that 28.5% of girls aged 15-19 in Zambia have begun childbearing, with 33.6% of women aged 20-49 reporting that they were under 18 at first birth. Teenage pregnancy is a major social and health issue with severe problems for both the adolescent mother and the child, both in the short term and on an intergenerational level. Adolescent pregnancy and motherhood are strongly associated with education and wealth indicators: 53.2% girls (15-19) with no education began childbearing early, in contrast with only 23.1% of girls with a secondary education. Similarly, 44.5% of girls 15-19 in the lowest wealth quintile have begun childbearing, compared with 10.3% of those in highest wealth quintile.

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The impact of teenage pregnancy on the lives of both the young mother and the child are significant and pose great health and developmental risks for both. The children of adolescent mothers are more likely to be stunted and malnourished and less likely to live beyond their 5th birthday. The young mothers themselves experience complications, and are less likely to be able to provide fully for their children, particularly as they most often drop out of school once falling pregnant. There is a worrying, rising trend of dropouts related to pregnancy recorded in Zambia, with 16,000 girls leaving school due to pregnancy: only about 50% return after delivery and despite the policies in place allowing and encouraging re-entry.

I. Political

There is a conducive political situation in Zambia for conducting the campaign on ending child marriage and for addressing both the causes and consequences of child marriage. The recent re-alignment of Ministries provides a clearer structure for the campaign, with the creation of MoCTA for example providing clearer roles and responsibilities relating to issues dealing with traditional leaders. It has reduced communication barriers, and created stronger linkages between line ministries.

Furthermore, strong female figures in the political arena provide girls with role models to look up to and emulate. This was very evident during the launch of the Campaign to End Child Marriage, which enjoyed the support of the then First Lady, Dr Christine Kaseba. The functional re-alignment of the Ministry of Community Development and Social Welfare (MCDSW) announced in September 2015 will likewise provide a more comprehensive approach to sexual and reproductive health under the Ministry of Health. This will subsequently facilitate the provision of more effective adolescent and youth friendly services that are aligned to the national Reproductive Health Policy.

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The Government continues to demonstrate commitment to dealing with and reducing the instance of child marriage. It is tackling the issue of teenage pregnancies, a leading cause of child marriage, through several interventions and policies, including the school Re-Entry Policy to encourage adolescent mothers to return to school, as well as developing and rolling out a Comprehensive Sexuality Education package to provide adolescents with information about sexuality, risks and available services, amongst others. This measure will accelerate the provision of sexuality information to adolescents to support them in making informed decisions regarding their sexuality and family planning. There is need to monitor implementation of the policy in order to ensure that all the schools in Zambia are adhering to the guidelines provided.

II. Economic

Zambia's economic performance has not been favourable for accelerated poverty reduction and empowerment of vulnerable households. The micro and macro indicators, including the poor performance of the Kwacha against major currencies since 2015, the high unemployment levels (particularly youth unemployment), the high cost of living, the wage freeze in the public sector, as well as the economic measures such as removal of subsidies on fuel and farming inputs have all contributed to increasing the vulnerability of poor households. The low levels of trade opportunities in the rural areas further exacerbate the vulnerabilities that perpetuate the occurrence of child marriage.

In addressing the economic vulnerabilities that perpetuate child marriage, several interventions are being implemented by the Government and stakeholders. The Women Empowerment Fund, the Youth Fund, as well as resettlement schemes, among other interventions, need to be strengthened as part of the strategic interventions for ending child marriage. The multi-facility zones, agricultural support schemes and related interventions need to be strengthened and scaled up in order to reach rural areas where child marriage is most prominent.

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Success has also been enjoyed by social protection mechanisms to address vulnerabilities, like the cash transfer scheme. Scaling up such interventions could address the economic aspects of child marriage.

III. Social

Qualitative research indicates that child marriage and early sexual debut are linked to the limited opportunities available to young people, particularly in rural areas, turning marriage into the 'best of limited options'. Partly to address this, traditional leaders have put up measures including by-laws related to alcohol and drug abuse. These measures need to be scaled up and strengthened through awareness and mobilisation interventions, capacity building as well as the provision of alternative recreation facilities and services for adolescents.

Research and programming experience have helped to create a more detailed understanding of the social context, including information on who is getting married, the reasons for these marriages, the changing perceptions about marriage and the perceived benefits and risks that are associated with the practice.

Child and early marriage affects certain groups and individual more than others. This includes the less educated and the poorest. Central Statistical Office (CSO) data shows that 27% of ever-married females in the 12–24 age brackets not only had married before they turned 18 but were also unable to read and write. 40.3% and 36.4% of these married women were from the poorest and second poorest economic quintiles, respectively, corroborating the DHS data. The analysis further reviews that the vulnerability of adolescents and young women to child marriage and other protection concerns was linked to “their wealth, parental residence, education and rural residence”. Children not attending school, girls who had fallen pregnant and orphans and stepchildren have also been identified as particularly vulnerable to child marriage.

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Qualitative research in Zambia furthermore shows that the understanding of child marriage is complex, ranging from the traditional understanding of marriage where consent of the families is obtained and a bride price is paid to transactional marriages to marriages initiated and completed by children themselves. It is driven by poor economic circumstance, low educational levels and limited opportunities, amongst other factors.

The perceived benefits associated with child marriage include economic gain for families and individuals, improvements in living situations, and enhanced social status, including for the children themselves while the acknowledged risks include early pregnancy and associated complications, a withdrawal from formal education and loss of employment opportunities as well as truncated personal development. Marriage may not be, and often is not, the first choice of the concerned boys and girls, or their families, but is often the best of “bad options”, and a method that enables the children to become respected adult members of their societies.

IV. Technological

Global developments in technology and innovation have been rapid. Electronic products and gadgets, including computers and phones, have become more easily accessible to children. This has led to the emergence of both proponents and those cautioning against the potential abuses of this technology. Among the prominent views are that access to phones and computers, in terms of internet use and mobility, has made sharing of information as well as researching for school and social purposes easier for children. On the other hand, such access has led to children being exposed to explicit information and imagery that, to some extent, confound their understanding and perceptions of sexuality.

In optimizing technological advancements, there are a number of interventions being implemented by various actors. Some partners for instance are utilising the Short Messages Service (SMS) platform for reporting cases of violence against children. There is need to learn from such experiences in order to extend such innovative approaches to the fight against child marriage. Toll free lines are also in use for reporting of cases as well as providing information on child protection in general. Many of these are anonymous, providing a more comfortable avenue for children to engage with.

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The Government, through the Zambia Information and Communication Technology Authority (ZICTA) provides interventions that are aimed at protecting children from illicit conduct as well as explicit exposure to the internet. There are several mobilisation and awareness raising interventions that the ZICTA has in place for informing children on appropriate usage of the internet.

V. Legal

2.4 The legal and regulatory framework

The existing legal framework in Zambia is not absolute in terms of defining the minimum age for marriage. The legal system is dualist in nature and, as a result, marriages can take place in accordance with either customary or statutory law.

The Marriage Act establishes the legal age for marriage at 21 but also allows younger people to marry subject to written consent being given parent or guardian, as appropriate in a given situation. For those requiring consent, section 33 stipulates that both parties must be at least 16 years old – otherwise the marriage will be void. However, this provision can be averted by an application to a judge of the High Court who can consent to the marriage if the particular circumstances of the case are not contrary to the public interest.

The National Gender Policy defines 'child marriage' as marriage of children younger than 18 years. According to the Penal Code (Amendment) Act No. 1 of 2012, defilement or sex with anyone younger than 16 is prohibited, and this legislation was expected to act as a major deterrent to child marriage. Similarly, the Education Act (part IV, section 18) provides for offences against any person who marries a student, or takes a child out of school to be married. The Act further enables everyone with the right to go to school, regardless of marital status. These provisions may however be circumvented due to the constitutional exceptions given to customary marriage. That the legal framework remains open to interpretation is an ongoing concern for efforts to end child marriage.

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Under customary law, the age of consent is lower than what is defined in the Marriage Act or the Constitution and is often described as coinciding with puberty. Statutory law is supposed to take precedence over customary law, but this is often not the case in practice. Research findings indicate that the majority of Zambians, especially those living in rural areas, follow customary law because it is the legal system which they are most familiar with and to which they have access. While traditional authorities are often aware of and familiar with statutory law, they may not be willing to enforce it in practice or develop by-laws that provide similar levels of protection for children. If the provisions of statutory law are not enforced by traditional leaders, then marriages involving children are likely to persist.

2.5 Understanding of 'the child' and 'childhood'

The legal situation regarding the marriage of children is further complicated by differences between statutory and socio-cultural definitions and understandings of a child. According to the UN Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, a 'child' is defined as anyone from birth to the age of 18, unless the age of majority is attained earlier. Zambia signed these conventions in 1990 and 1992, respectively, but the definition of a child still varies widely across different parts of the legal and regulatory framework.

There are also considerable differences between statutory definitions of a child and how this stage of life is understood by communities. Instead of using a 'numerical' marker, many communities still tend to define a child in terms of developmental stages and achievements. According to qualitative research, “puberty, completion of initiation rites, withdrawal from or completion of school, engagement in sexual relations, full-time labour, wage employment or development of the capacity to care for oneself and others – these, rather than age, are the markers of maturity used by children and adults alike”. Conflicting definitions of a child can lead to complications in applying statutory law in a consistent manner but also in terms of how laws resonate with communities. This can lead to confusion when it comes to increasing awareness on children's rights or how children are protected under different statutory laws or treated under customary practices.

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There is need for enforcement of laws that currently provide for the protection of children against marriage. The Education Act of 2011 criminalizes marrying of a learner. This law has potential for prolonging the period that the children stay in the school system and potentially guarantees a better future for the children. The Anti-Gender based Violence Act of 2011 identifies child marriage as a form of gender based violence and therefore provides for the protection of victims of such violence.

As a mitigation measure, Government has embarked on a review of laws and policies in order to harmonize statutory and customary laws related to marriage. The National Child Policy and the National Gender policy have both been revised in order to address emerging issues such as child marriage. Legislation under review include the Marriage Act, and harmonisation of various child related laws, will provide protection of children against all forms of violence including child marriage and guarantee their right to health, education, development and life.

2.6 Internal Environmental Analysis Analysis of Strengths, Weaknesses, Opportunities and Threats (SWOT)

In addition to identifying developments in the external environment that have had an impact on child marriage and the performance of the stakeholders, there are several strengths, weaknesses, opportunities and threats present. The SWOT analysis enables the identification of mitigation measures to address the threats and weaknesses, as well as giving stakeholders the ability to maximise on the strengths and opportunities presented.

I. Strengths

Decentralised structures

Most ministries and service organisations have a presence throughout the country. These decentralized structures provide various services including health, law enforcement, judiciary, education and social welfare services at a local level. They enable decision-making and resource allocation to take place a local level, maximising local knowledge and development priorities.

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These decentralised structures will be leveraged to facilitate coordination of interventions addressing child marriage at provincial and district levels. The campaign will support the strengthening of these structures to allow for local decision making, prioritisation and coordination.

Dedicated child programmes and units Government ministries have units and programmes that are dedicated to child- related interventions, including child marriage. Availability of such structures and programmes enhances effective service delivery by ensuring child marriage issues are considered in wider programming and budgeting.

These structures and units will be leveraged to further coordinate efforts and interventions, and in driving forward the child marriage agenda within each ministry.

Government commitment to main-streaming children's rights In order to ensure that children's rights are considered at every level in all sectors, the Government has made the main-streaming of children's rights a top priority. All wings of Government have established systems and structures that are charged with ensuring that children's issues are taken into account in programme planning.

The National Strategy recommends the creation of focal points within the various institutions dealing with child marriage. This will streamline the issues and promote budgetary inclusion of child rights issues.

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Existence of a Civil Society Network on Ending Child Marriage

Civil Society stakeholders have established a Network of Civil Society Organizations for ending child marriage. The network has a strategy for ending child marriage.

The National Strategy will coordinate interventions and programmes with the CSOs working on ending child marriage, including through the Coordinating Unit under the Ministry of Gender. This is key in strengthening national collaboration and partnership, averting duplication of efforts, and sharing of experiences and best practices.

II. Weaknesses

Weak systems and structures

Although Government has endeavoured to decentralise its structures, this has not always been possible due to lack of staff and funds. This has put a strain on existing structures in the districts. Many ministries are having to play multiple roles in order to accommodate the shortage of facilities which has put a strain on already limited resources.

As the Coordination Ministry will have oversight of all programmes and interventions addressing child marriage, resources can be directed to areas requiring more support and guidance.

Staffing shortages

Although Government has endeavoured to satisfy staffing levels, most key positions have not been filled. This weakness cuts across the public sector, and also affects Civil Society Organizations.

15 NATIONAL STRATEGY ON ENDING CHILD MARRIAGE IN ZAMBIA 2016 - 2021

Where possible, the National Strategy will leverage existing resources and staff expertise. Technical expertise will be brought in where necessary and where funding allows. Coordination of efforts will reduce the need for all institutions and organizations to have dedicated personal for every aspect of the campaign.

III. Opportunities

Leadership

The campaign has received goodwill and support from the highest levels, including from the President. The appointment of the vice president and other women to key strategic positions has reignited the national voice for campaigning for the rights of children.

The goodwill and support of key figures will continue to be leveraged to ensure harmonization and coordination. Where possible, the participation, presence and support of high-level officials will be requested to maximise visibility and sustain momentum.

Review of relevant Government programmes, laws and policies

The on-going review and implementation of various key statutes presents an opportunity to harmonize legislation. The current review and implementation of affirmative action and gender responsive policies including the Child Policy, School Re- Entry Policy, Sexual Reproductive Health Policy, Youth Policy, Education Policy, Social Protection Policy and Gender Policy, have given Government the opportunity to operationalise child friendly programmes.

The on-going review presents an opportunity to ensure a harmonized legislative framework for issues dealing with child marriage. The National Strategy will promote the inclusion of evidence-based interventions to ensure that the most vulnerable in society are taken into account. There are various Government programmes that have been scaled up, such as the Social Cash Transfer Programme, which can likewise be further leveraged through this review process.

16 NATIONAL STRATEGY ON ENDING CHILD MARRIAGE IN ZAMBIA 2016 - 2021

The launch of the Sustainable Development Goals

SDG 5 includes a global commitment to ending harmful practices such as early and child marriage.

The launch of the SDGs presents an opportunity to leverage international and global efforts and attention to the issue of child marriage. This includes potential funding increases. Where possible, these global efforts will be tapped into to ensure sustained momentum in Zambia.

IV. Threats

Weak coordination

To date, many of the interventions designed to directly or indirectly end the practice of child marriage have tended to fall into a number of thematic categories. Unfortunately, many of the interventions were designed independently of each other and operationalized within the parameters of different sector programmes or as stand-alone initiatives. The weak coordinated approach and overall guiding strategy has diluted the potential impact of many interventions or led to competing and at times contradictory approaches.

The establishment of the Coordinating Unit under the Ministry of Genderwill address this potential threat. By creating this coordinating body, interventions and strategies will be more focused and streamlined.

Legal environment

The existing legal framework in Zambia is not absolute in terms of defining the minimum age for marriage. The legal system is dualist in nature and, as a result, marriages can take place in accordance with either customary or statutory law. The legal situation regarding the marriage of children is further complicated by differences between statutory and socio-cultural definitions of and understandings of a child.

17 NATIONAL STRATEGY ON ENDING CHILD MARRIAGE IN ZAMBIA 2016 - 2021

Conflicting definitions of a child can lead to complications in applying statutory law in a consistent manner but also in terms of how laws resonate with communities. This can lead to confusion when it comes to increasing awareness on children's rights or how children are protected under different statutory laws or treated under customary practices.

The Government is undertaking a review of many pieces of policy and legislation. Different advocacy methods and participation in these processes will support the further harmonization of these laws and policies.

Poverty

Marriage has become an individual and collective strategy for coping with poverty, managing risks, securing individual and financial benefits in the present and the future as well as a means of escaping from unfavourable living arrangements or conditions.

Poverty is a complex matter, requiring a holistic approach. This will include advocacy and input into policy and legislation review.

Diverted attention and funding from donors

There are many competing priorities in the development sector, while funding overall has diminished. Zambia has seen a withdrawal of some traditional donors as a result of its reclassification as a lower-middle income country by the World Bank in 2011, which might undermine the implementation of programmes.

The political will and commitment to ending child marriage is strong. There are various alternative sources of funding which can be explored to maximize resources to the cause. At the same time, leveraging of existing funding streams to social services and poverty reduction, which contribute to reducing vulnerability to child marriage, needs continuous fostering.

18 NATIONAL STRATEGY ON ENDING CHILD MARRIAGE IN ZAMBIA 2016 - 2021

3.0 STAKEHOLDERS ANALYSIS The number of actors at the national, district and local levels involved in addressing child marriage has increased in recent years and in particular since the launch of the Campaign to End Child Marriage in 2013. The Government of Zambia has been working in a concentrated way to address child marriage. Nationally, the effort to end child marriage is led by the inter-ministerial consortium chaired by the Ministry of Gender through a secretariat dedicated to the campaign. The consortium includes representation from eleven government Ministries involved in both direct and indirect activities to end child marriage and addressing its underlying causes.

The Government-led consortium is working with Cooperating Partners, Civil Society Organisations and the private sector. These groups make up the Technical Working Group to End Child Marriage. The members of this working group conduct various activities at both the national and sub-national levels. At the national level, the Working Group provides technical support to legal and policy reform, supports the development of awareness-raising strategies and campaigns, and commissions research and strategic planning. At the sub-national level, the Working Group supports the implementation of the identified strategies and interventions, and provides oversight and monitoring, as well as working closely with structures and institutions at the district and community levels.

19 NATIONAL STRATEGY ON ENDING CHILD MARRIAGE IN ZAMBIA 2016 - 2021

4.0 STRATEGIC DIRECTION FOR THE CAMPAIGN ON ENDING CHILD MARRIAGE FOR THE PERIOD 2016 - 2021 The focus of the campaign on ending child marriage for 2016-2021 is to strengthen partnership and collaboration, coordination, management and service delivery. From this premise, the strategic direction of the campaign on ending child marriage is as follows:

Vision: “A Zambia free from child marriage by 2030”

Goal statement: “To achieve a 40% reduction in child marriage by 2021”

Value Statement “In the campaign to end child marriage in Zambia, the Ministry of Gender and all other stakeholders involved will, in the execution of their responsibilities, adhere to the principles of accountability, transparency, equality and non-discrimination, safer communities for children and the best interest of the child.”

5.0 OBJECTIVES, STRATEGIES, PERFORMANCE INDICATORS AND BROAD TARGETS

In order to achieve its vision and goals for the next five years, the strategic objectives for the campaign on ending child marriage are as follows:

I. To strengthen multi-sectoral responses in order to reduce children's vulnerability to marriage;

20 NATIONAL STRATEGY ON ENDING CHILD MARRIAGE IN ZAMBIA 2016 - 2021

II. To facilitate the development and review of policies and legislation in order to ensure consistent interpretation and application of child related interventions;

III. To facilitate positive change in prevailing attitudes, behaviours, beliefs and practices in order to reduce the incidence of child marriage; IV. To facilitate the provision of child sensitive services in order to reduce children's vulnerability to child marriage; and VI. To effectively mobilize financial resources in order to enable implementation of programmes aimed at reducing children's vulnerability to marriage.

The detailed log frame is attached as Appendix A.

6.0 PRE-CONDITIONS

Among the identified pre-conditions for the success of the campaign on ending child marriage include the following:

i. Active participation of all the relevant Ministries; ii. Approval, acceptance and ownership of the strategic plan by all stakeholders; iii. Continued political will by Government for sustained results; iv. A coordinated approach among Government Ministries with other stakeholders; v. Allocation of adequate resources linked to the strategic plan; vi. Dedicated Staff; and vii. Harmonization of all appropriate legislation.

21 NATIONAL STRATEGY ON ENDING CHILD MARRIAGE IN ZAMBIA 2016 - 2021

7.0 GENERAL ASSUMPTIONS

The successful implementation of this strategic plan is premised on the following general assumptions: i. Creation of a national coordination body to ensure harmonization and effective joint implementation between the myriad partners. ii. Cooperation and collaboration of all partners and stakeholders; iii. Availability, sufficiency and timely disbursement of funds; iv. A stable political environment; v. Political will to support the campaign, including any necessary legal changes; vi. A facilitative and supportive macro-economic and social environment to end child marriage; and vii. Sustained national, regional and international momentum and will to end child marriage.

Through the successful implementation of this strategy, the incidence of child marriage in Zambia will be reduced, and the right of every child to a childhood will be enhanced.

8.0 LINKING THE STRATEGIC PLAN TO THE BUDGETING PROCESS

The successful implementation of the strategy will require various resources including human and financial resources. Costing the strategy and its corresponding National Plan of Action (NAP) is a key priority to ensure sufficient funding allocated to realizing the agreed objectives. Proper budgeting and planning will strongly support the success of the strategy. The National Coordinating body will draw up an implementation plan for the strategy, upon which budgets will be based.

22 NATIONAL STRATEGY ON ENDING CHILD MARRIAGE IN ZAMBIA 2016 - 2021

It will be imperative for all involved partners to adequately budget for the activities they take in support of this campaign in their own annual budgets. Advocacy work around this should be undertaken and supported where possible to ensure sufficient resources to all aspects of the campaign.

9.0 IMPLEMENTATION, MONITORING AND EVALUATION OF THE STRATEGIC PLAN

One of the key bodies established under this Strategic Plan is a National Coordination Unit at the Ministry of Gender. This Unit will oversee the implementation of this Strategic Plan in alignment with its mandate and in agreement with the objectives and priorities of the strategy. These shall be validated by Ministry of Gender. A detailed costed work plan will guide the implementation of this strategy, with clear deliverables and targets determined for each implementing partner. Stakeholder reporting structures will be established to ensure harmonisation and close cooperation by all relevant actors.

The implementation of the Strategic Plan will be monitored on a regular basis. The National Coordinating Units shall consolidate progress reports on the implementation of the work plans annually. Their reports will draw on the submissions of involved stakeholders, which include, but is not limited to, different line Ministries, Cooperating Partners, CSOs and CBOs. These reports will analyze and track progress towards the agreed targets and milestones under the strategic objectives using the performance indicators contained in the log frame. These consolidated reports will be submitted to Ministry of Gender for final review and approval. The indicators developed to monitor the strategic plan will include process, output and outcome indicators, ensuring a holistic approach to M&E. These will be captured in a purpose-built M&E system, with baseline values, targets and milestones for all indictors. The indicator values will be drawn from both partner experience as well as large-scale surveys such as the Zambia Demographic and Health Survey. Additionally, a Knowledge, Attitudes and Practices (KAP) survey will be conducted at baseline and end- line.

23 NATIONAL STRATEGY ON ENDING CHILD MARRIAGE IN ZAMBIA 2016 - 2021

The implementation of this Strategic Plan will also be assessed through an external evaluation. The baseline will be established in 2016, with a mid-term review completed by 2018. This external evaluation at mid-point will focus, but not be limited to:

I. The implementation of the objectives in the Strategic Plan as measured against the agreed targets; ii. Identifying shortcomings, challenges and areas in need of improvement or acceleration; iii. Feedback from targeted beneficiaries to understand the impact of the already implemented strategies; and iv. Recommendations on any necessary modifications in the plan, the objectives, the targets or the implementation strategies.

A final evaluation will take place after 2021 to assess what has been achieved, identify areas of best practice, analyse challenges and make recommendations on any next steps needed to end child marriage in Zambia.

Monitoring will be coordinated through the National Coordinating Unit, but each implementing partner will be responsible for monitoring their activities and progress against relevant objectives. Monitoring will thus take place at various levels, from headquarters to community-based partners. The M&E system will work in a decentralized manner to support the implementation of decision- making at local level. The strengthening of decision-making at local level is an important component of the Strategic Plan and designing the M&E process in this fashion will promote the capacity of all stakeholders, including those affected by child marriage, to make more informed decisions.

24 NATIONAL STRATEGY ON ENDING CHILD MARRIAGE IN ZAMBIA 2016 - 2021

APPENDIX A

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e n / G o e

i l f t n b o a i

o s i n y i t r n D d t u o r s C t i i p o S t n s i Y o s e C n R I M ( M

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1

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i t o e t 0 g e s t h t o t d c i e t f

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o i e o , r n t i i , f t a a n p o i n n o r ) c n ) t s i i

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e u t u u P D a

c T N d N f o O s P C ( C ( m d S s f , e m s r s - i o . . . t f e . i i i l r v i i i

i i u e g P m

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25

NATIONAL STRATEGY ON

ENDING CHILD MARRIAGE IN ZAMBIA 2016 - 2021

) ) r r t t i i e e n n d d U U n n

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26

NATIONAL STRATEGY ON

ENDING CHILD MARRIAGE IN ZAMBIA 2016 - 2021

s

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4

27

NATIONAL STRATEGY ON ENDING CHILD MARRIAGE

IN ZAMBIA 2016 - 2021

)

r t i e n d U n

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E p b . 5

28 NATIONAL STRATEGY ON

ENDING CHILD MARRIAGE IN ZAMBIA 2016 - 2021

s s f

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34 IN ZAMBIA ENDING CHILDMARRIA N Manag APPENDIX B

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Private Sector

Media Coalition on Ending Child Marriage NATIONAL STRATEGY ON ENDING CHILD MARRIAGE IN ZAMBIA 2016 - 2021

APPENDIX C Ministerial Commitments on Ending Child Marriage

Ministry of Health

On behalf of Government and the People of Zambia, I commit myself to ensuring that you, our children, access the healthcare you need to grow up as healthy citizens of our country. It is not right that our society should be incurring the unnecessary cost of treating girl children who become patients as a result of child marriages. I want to spend our budget on keeping our young people healthy.

Ministry of Community, Mother and Child Health

On behalf of Government and the People of Zambia, I promise to work tirelessly to create in our communities the understanding that we should let you – our girls – be girls. I will use everything within the powers of my office to make sure you enjoy and blossom in your childhood.

Ministry of Labour and Social Security

On behalf of Government and the People of Zambia, I commit myself to intensifying my efforts in getting rid-off the societal mentality and attitudes that think of you, our children, as a source of labour. Our job is to love and take care of you without wishing to turn you into our tools of production.

Ministry of Youth and Sport

On behalf of Government and the People of Zambia, I pledge to use the powers vested in my office to increase opportunities where you, our children, can discover and enjoy your God-given talents through recreation and sport.

36 NATIONAL STRATEGY ON ENDING CHILD MARRIAGE IN ZAMBIA 2016 - 2021

Ministry of Justice

On behalf of Government and the People of Zambia, I commit to ensuring that the customary and statutory laws are so reconciled that you, our children, do not have to suffer the shame, pain and suffering that come with our current dual legal system. Law is supposed to protect you and not leave you at the mercy of adults' selfishness and immoral appetites.

Ministry of Home Affairs On behalf of Government and the People of Zambia, I pledge that I will invest my energies into making our Police Service a protector and promoter of children's right, among which is your right to enjoy your childhood unhindered by evil practices veiled as “traditions”.

Ministry of Gender

On behalf of Government and the People of Zambia, I promise to increase my promotion of policies and practices that lead to sustainable development in order to remove the excuses for child marriage that are based on household poverty.

Ministry of Local Government and Housing

On behalf of Government and the People of Zambia, I commit myself to making local administration sensitive and responsive to the needs of you, our children. Homes must be a haven rather than a place of terror and anguish for you.

37 NATIONAL STRATEGY ON ENDING CHILD MARRIAGE IN ZAMBIA 2016 - 2021

Ministry of Chiefs and Traditional Affairs

On behalf of Government and the People of Zambia, I dedicate myself to leaving no stone unturned in the effort to end child marriages. On your behalf, I will seek and enlist the help all institutions and individuals that shall remain restless until you, our children, are totally and permanently free from the scourge of child marriages.

Ministry of Education AND Ministry of Higher Education

On behalf Government and the People of Zambia, I dedicate myself to mobilizing the necessary resources that will allow each one of you, our children, to attend high quality education until you are over the age of 18. You are our future and good education is the wing on which you will fly.

Traditional Leaders

On behalf of Their Royal Highnesses and the People of Zambia, I commit myself to fighting – up to my last ounce of energy – all those forces that hide their evil and immoral intentions and practices under the banner of “traditions and culture” so that you, our children, can flourish in your God-given right to be children and enjoy this special stage of your life.

38 MINISTRY OF GENDER Government Complex Second Floor, Independence Avenue, P.O. Box 30719, Lusaka - ZAMBIA

Tel:+260 211 230031