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Multi-Country Analytical Study of Legislation, Policies, Interventions

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Multi-Country Analytical Study of Legislation, Policies, Interventions Multi-Country Analytical Study of Legislation, Policies, Interventions and Cultural Practices on Child Marriage in Africa This interactive document has been optimised for use on computers and tablets in portrait orientation. To return to the table of contents at anytime please tap or click on the hand symbol (see right) located at the top of each page. View the report at: http://africa.unwomen.org/en/digital-library/publications The views expressed in this publication are those of the authors and do not necessarily represent the views of UN Women, the United Nations or any of its affiliated organizations. The boundaries and names shown, and the designations used on the maps in this report do not imply official endorsement or acceptance by the United Nations. The names used in the case studies do not necessarily represent the actual names of those mentioned. © UN Women 2018. All rights reserved Cover Illustration Maya Lloyd-Wheeler Multi-Country Analytical Study of Legislation, Policies, Interventions and Cultural Practices on Child Marriage in Africa i Foreword The devastating impact of child marriage continues to be ignored by many in the developing world. Millions of child brides are denied access to health, education and economic opportunities. Child marriage is a human rights violation that constitutes a grave threat to the lives of young girls including their health (e.g. increased probability of pregnancy related complications), education, overall development and empowerment. Such complications have been documented as the main causes of death among 15–19-year-old girls. Also, girls who are married are also exposed to sexually transmitted infections, including HIV and AIDS. For such girls, marriage means the end of their education, setting aside their chances for a vocation or career, and limiting their opportunities for in life. Child marriage perpetuates poverty, inequality and insecurity for women and girls and is an obstacle to national and global development. The Convention on the Rights of the Child (CRC) and the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), both human rights instruments, outlaw child marriage. The International Conference on Population and Development held in Cairo in,1994 (ICPD), the Beijing Declaration and Platform for Action1, also called on countries to eliminate child marriage and to enforce laws that ensure free and full consent, yet child marriage persists, especially in poor and rural parts of countries in the developing world. It may be part of local tradition; parents may believe it safeguards their daughters’ future; poverty or conflict may propel it. At the Continental level, the Maputo Protocol requires states to ensure that ‘the minimum age of marriage for women shall be 18 years.’ 2 But often, child marriage is the outcome of fewer choices. Africa is one of the highest prevalence regions on child marriage where about 4 in 10 girls are married or in union before the age of 18 of whom about 1 in 6 girls marry before the age of 15. Prevalence remains high at 76 percent in Niger, Chad at 72%, 68 percent in Central Africa Republic and 55 percent in Mali to low prevalence countries such as Algeria at 3%. In September 2015, leaders from Africa joined other governments from around the world and adopted the 17 Sustainable Development Goals (SDGs), including a target that ends child marriage in the next 15 years. A lack of ii Foreword attention to child marriage undermined the achievement of a majority of the Millennium Development Goals (2000-2015). Ending the practice is critical to achieving the Sustainable Development Goals (SDGs). Eight of the 17 SDGs may not be achieved without significant progress to end child marriage, including those related to: poverty (SDG 1); food security and nutrition (SDG 2); health (SDG 3); education (SDG 4); gender equality (SDG 5); economic growth (SDG 8); reducing inequalities (SDG 10); and peace, justice and strong institutions (SDG 16). Child marriage is a core development and human rights issue and hinders the achievement of many other development goals with gender related targets and indicators. In May 2014, the African Union launched the continental campaign to end child marriage, as a critical intervention toward achieving the commitment in agenda 2063. In 2015, the Africa Common Position on ending child marriage was adopted by the AU Heads of States at the Summit, and the first ever Africa Girls Conference on Ending Child Marriage was held in Lusaka, Zambia. To complement continental efforts, at the sub regional level, the SADC adopted the Model Law on Ending Child Marriage and Protecting Children in Marriage, following an equally important commitment on Sexuality Education and HIV. The AU Joint General Comments on the Prohibition of Child Marriage suggests a series of implementation measures for eliminating child marriage. These measures include legal reform, policy development, compliance and promotion, and enforcement of criminal provisions and effective awareness raising mechanisms. Despite all these commitments, child marriage continues to be practiced in Africa. Therefore, a growing child population combined with a slow decline in the practice of child marriage in Africa will put millions more girls at risk. If current trends continue unabated, almost half of the world’s child brides in 2050 will be African. UN Women has developed an Africa strategy with one of its priorities aligned with ending child marriage in Africa. This is critical as UN Women believes that addressing negative cultural and gender stereotypes is a requisite to ending child marriage in Africa. It is against this backdrop that UN Women has analyzed legal and policy provisions including customary and religious practices, drivers among other existing variables relating to child marriage for effective programme interventions and policy change. This study builds on UNFPA and UNICEF’s Global Programme to Accelerate Action to End Child Marriage and utilizes UN Women’s supported African Union Commission (AUC) compendium of marriage laws across African Member States developed to serve as an updated compilation of legal frameworks related to child marriage in 2017. Multi-Country Analytical Study of Legislation, Policies, Interventions and Cultural Practices on Child Marriage in Africa iii We consider this study as timely and it is hoped that the data, findings and recommendations will complement and strengthen the African Union, Member States and the Civil Society initiatives in addressing Child Marriage and other harmful practices through the funding support from the European Union through the Spotlight Initiative and also similar programs implemented through other donors’ support. We believe that addressing child marriage is a definite strategic approach in promoting girl’s and women’s rights thus empowering them in areas such as quality education, good health, freedom from violence, work, as well as their participation in the public life. The adoption of human rights-based approach with focus on “Leaving No-one Behind” will help reach out to the grass-roots in addressing the issue. In order to achieve this, it is critical that all stakeholders (government officials, international organizations, community and religious leaders, traditional leaders, healthcare workers, school administrators and teachers, the police, the judiciary, the prosecutors, media, parents, gender advocates as well as boys and girls, the United Nations and development institutions) not only understand but also commit to their respective roles in ending child marriage not only in Africa but also across the world. Izeduwa Derex-Briggs Regional Director UN Women East and Southern Africa iv Acknowledgments Acknowledgments Different Stakeholders We offer much thanks to all government representatives, children in marriage, child marriage survivors, community leaders, traditional leaders and cultural institutions, religious leaders, civil society networks, universities and research think tanks, UN Women Country Offices and key informants in the 10 countries of study- Democratic Republic of Congo - DRC, Egypt, Ethiopia, Malawi, Mali, Morocco, Mozambique, Niger, Nigeria and Tanzania-who supported and or gave us insights into the study. We also thank all the parents/guardians of the survivors and children in marriage across the countries of study who shared their experiences and challenges of child marriage. UN Women Senior Management Team lzeduwa Derex-Briggs (Regional Director-East and Southern Africa), Diana Louise Ofwona (Regional Director-West and Central Africa Region), Mohammad Naciri (Regional Director-Regional Office for Arab States), Simone ellis Oluoch-Olunya (Deputy Regional Director-East and Southern Africa), Letty Chiwara- Representative to Ethiopia, AU and UNECA, Blerta Aliko-Country Representative to Egypt, Clara Anyangwe-Country Representative to Malawi, Comfort Lamptey- Country Representative to Nigeria, Fatou Giwa-Deputy Country Representative to DRC, Hodan Addou-Country Representative to Tanzania, Leila Rhiwi-Country Representative to Morocco, Adjaratou Fatou Ndiaye-Country Representative to Sudan and Marie Laetitia Kayisire-Country Representative to Mozambique UN Women Report Team Julius Otim, Jack Onyisi Abebe, Sadiq Ahamad Jilani Syed, Tikikel Alemu and Michael Faraday Consulting Firm Global Development Trajectory Limited Team- Justus Aungo Bwonderi, Angeline Cikanda, Charles Ogolla, Clarence Kibobota, Dinah Mueni and Samuel Nyutu Multi-Country Analytical
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