The issue of child marriages and child rights has become more topical in Zimbabwe as the death of 14 year old Ann Machaya, a girl who passed on whilst giving birth at an Apostolic shrine in Manicaland made headlines.

Experts in child rights and gender issues have highlighted that communities lack adequate information in terms of child protection and child rights such that parents and guardians end up expediting child marriages.

“What’s lacking in our communities is the information regarding children’s rights and laws protecting these children. Interpretation of these laws is also something that society lacks, understanding the age for consent to sex and age of marriage is a big issue,” said Muchanyara Mukamuri a Gender Activist and Secretary General for Young Christian Women Association (YWCA).

In 2016, the Constitutional Court of Zimbabwe ruled that child marriages are unconstitutional. In the Constitutional Court’s ruling it focused primarily on the infringement of fundamental human rights created by child marriages. In this regard section 81(2) of the Constitution of Zimbabwe Amendment No. 20 Act 2013 states that a child’s best interests are paramount in every matter concerning the child and Section 81(e) protects every child from economic and sexual exploitation and any form of abuse. Zimbabwe recognises 16 as the age of consent where someone can legally and competently have sexual activity with another person. However, one can only get married once they turn 18 and this has raised questions in communities as one is expected culturally to be married if they indulge in sexual activity.

Mukamuri added that some girls fall into the hands of perpetrators due to lack of family guidance and support. “Some young girls lack guidance, some reports show that some girls are lured by goodies from older men. That behavior clearly indicates poverty as the key driver. If a family lacks or fails to provide the girl child with some of the needs and wants for the girl, it predisposes her to vulnerabilities especially if that girl is not empowered to say no. There are children with mindsets that are easily swayed by such few goodies,” she said.

Mukamuri blamed parents who neglect their children and don’t give parental guidance when it’s needed the most to better mold their future.

‘Society lacks parent- child communication within families, some parents are in the diaspora leaving the families behind and have no clue about the development of their children. The social and moral values have been tossed through the air where our own Ubuntu is no longer cherished, “she added.

However, legal experts are of the view that lack of alignment of the laws that deals with child protection is one of the major causes of child marriages in Zimbabwe. “I think there is a problem that emanates from the confusion that is between the age of consent and the age of getting into marriage. We need to separate marriage and age of consent issues, those are two very different issues,” said Advocate Francis Mapurisa a Legal Practitioner.

In addition, Mapurisa suggested that there should be a law which actually criminalises adults who facilitate child marriages and a deterrent punishment for such perpetrators.

“There has to be a specific law and a custodial sentence for people who marry and marry off children because they would be stealing a child’s future, ambitions, they are taking away something that cannot be given back to them,” he said.

He added that the reason why it is difficult to prosecute is because of situations where a 16 year old falls pregnant and the person who impregnates her is probably 20 or 23 and he says he wants to marry the girl in question. The added problem then becomes the parents who accept lobola money for the underage child.

“Hence, we need an Act that actually criminalises that act of having parents who accept lobola for a minor person. We need an Act that’s is holistic in nature that actually criminalises parents or guardians who facilitate some of these child marriages,” added Mapurisa.