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CCMWMC | RE-EVALUATION OF THE LAW TO CHAMPION THE FIGHT AGAINST CHILD

Constituency Child Marriage Watch-Munali Chapter

RE-EVALUATION OF THE LAW TO CHAMPION THE FIGHT AGAINST CHILD MARRIAGES AND DEFILEMENT.

BY Rabecca Makwele

“If we desire respect for the Law, we must first make the Law respectable” Louis D Brandeis

With the rising number of defilement and child marriage cases in Zambia, I feel the need to add my voice to the already existing voices that are campaigning against the evils of child abuse. I strongly believe the cure for defilement and child marriages lies in how good our laws are.

I draw your attention to the already existing Laws in Zambia, governing marriage and the distinctive factors among which have outlived their purpose with regards to making Zambia safe for the girl child.
Zambian Law recognises two kinds of marriages; Statutory marriage under the Marriage Act and customary marriage under different customs that may vary from tribe to tribe.

The Zambian Customary Law regulating marriage is in conflict with the Statutory Law provisions with regard to the age at which one is eligible to get married.
The Marriage Act, Cap 50 of the Laws of Zambia provides that, one is required to be 21 years old to be eligible for marriage. However, under sections 17 & 33, a person aged 16-21 may marry with parental consent. If this requirement is not satisfied the marriage is rendered void.

Under Customary Marriage it is entirely dependant on parental consent. After puberty, the young adolescent is said to be 'ready'. This is a shame!
Not to turn a blind eye to tradition and culture, customary marriages are recognised even in other African countries such as South Africa, however they have enacted provisions that still protect the girl child.
Lobola legalises a customary marriage in South Africa, but one must be above the age of 18 years. Such principles are commendable and enhance growth and stability of the economy, because the girl child is given a chance to contribute to the economic growth of the country for no one deprives her of the right to education.
The distinction between the Customary and Statutory marriages particularly in Zambia has outlived its purpose and needs immediate and compelling attention.

Defilement on the other hand, the most alarming form of child abuse in Zambia today, has been defined under Section 138 of the Penal Code of Zambia as, having carnal knowledge of a child below the age of 16. Thus, making it a criminal offence to which a perpetrator is liable to imprisonment.

I firmly believe this provision seeks to protect the girl child below the eligible age, how then do we achieve this when she is married off under Customary Law below 16 years?
Silently such a girl child is repeatedly being defiled and some resulting to death while in labour in the name of marriage! We have more defilement cases that have been ignored in Customary marriages and we are all silent!
What then must we do? We have focused more on the reported cases of defilement that exist among unmarried minors, neglecting those that are silently battling with defilement trauma yet are too scared to speak out and we have deliberately disregarded the quickest solution.

Before we demand stiffer punishment for offenders such as castration, no bond or bail you can name them, we need to make amends to the conflicting Laws by revising the age at which one is eligible for marriage under customary Law. Harmonising both laws may reduce the number of defilement cases recorded.

In conclusion, we will most likely not achieve our intended goals as advocates if the law is fighting us. Every girl child must feel safe in her own country. My humble appeal is that, the members of Parliament and people in influential positions wake up to this call and enact laws that protect the girl child!

Rabecca Makwele is a Lawyer, Author, Children's Rights Activist, and a Team Leader for Community Human Rights & Health Watch.
In an effort to curb child marriages, defilement and GBV, she and her team are running a campaign with the hash tag
#NgaChaliNiwebo.

It is bid to encourage the community to take up the responsibility to fight child marriages, defilement, GBV and other related issues.

To stay abreast with her activities Follow her @Rebekahchildactivist -Facebook

https://www.facebook.com/RebekahChildActivist/


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