An elderly couple walks past tents in the Chingwizi transit camp for 20, 000 people displaced as a result of the flooded Tokwe-Mukorsi Dam which the government set up on Nuanetsi Ranch in Mwenezi district in February 2014 and later forcibly shut it down in August 2014, March 2014.
This week, the 20,000 people who fled their homes because of massive flooding at Zimbabwe’s Tokwe-Mukorsi dam in February 2014 sent a desperate plea to President Robert Mugabe. “Your government has forgotten us. We have no freedom. We feel like people in prison. Your government is treating us like second class citizens and as if we are people with no rights at all,” reads the public letter. “We do not have enough food and we are facing starvation.”
A woman stands in front of a pile of her household property at Chingwizi transit camp, which the government forcibly shut down in August 2014. Hundreds of families lost their property left in the open during their relocation to the camp. March 2014.
© 2014 Davison MudzingwaAfter a year of government indifference and a litany of broken promises, the government has turned its back on these people. In the last six months, the government has distributed food only twice, with each family receiving 25 kilograms of maize meal – not nearly enough for their needs. They lack adequate shelter, safe drinking water, and access to sanitation and health services.
Additionally, Mugabe’s government has coerced the flood victims to resettle onto one-hectare plots at a farm with close links to his ruling Zanu-PF party. Conditions at the ranch can be summed up in one word: miserable. The plots are unsuitable for growing enough food to feed their families, the land is earmarked for growing sugar cane, and the land ownership is disputed.
Although the flood victims would have been required to move eventually –once the Tokwe-Mukorsi dam’s construction was complete – they were holding out until fair compensation was given.
The flood changed all that, possibly deliberately. According to the Zimbabwe Human Rights Commission, the flooding “was not natural, but [a] man-made disaster” and could have been avoided if the overflow channels built into the dam wall had been opened. Since the flood, the long-promised compensation payments to help the flood victims rebuild their lives has not been forthcoming and humanitarian aid intended for them has been misappropriated.
Mugabe should ensure there is an immediate and transparent process to provide basic services to the flood victims, and that they are adequately compensated and fully consulted about their future resettlement. His government’s long history of violating human rights does not bode well for the victims. However, Mugabe is once again receiving aid from Western donors, including the European Union, and he needs to demonstrate he is willing to tackle human rights concerns. Maybe, this time, he will change his ways.
Meanwhile the flood victims wait, their situation more precarious by the day.
Arvind Ganesan is the director of Human Rights Watch’s Business and Human Rights Division. He leads the organization’s work to expose human rights abuses linked to business and other economic activity, hold institutions accountable, and develop standards to prevent future abuses. This work has included research and advocacy on awide range of issues includingthe extractive industries; public and private security providers; international financial institutions; freedom of expression and information through the internet; labor rights; supply chain monitoring and due diligence regimes; corruption; sanctions; and predatory practices against the poor. Ganesan’s work has covered countries such as Angola, Azerbaijan, Burma, China, Colombia, the Democratic Republic of Congo, Equatorial Guinea, India, Indonesia, the United States, and Nigeria. His recent research has focused on predatory lending practices and governance issues on Native American reservations in the United States. He has written numerous reports, op-eds, and other articles and is widely cited by the media.
Ganesan has also worked to develop industry standards to ensure companies and other institutions respect human rights. He is a founder of the Voluntary Principles on Security and Human Rights for the oil, gas, and mining industries and is a founding member of the Global Network Initiative (GNI) for the internet and telecommunications industries, where he also serves on the board. Ganesan has helped to develop standards for international financial institutions such as the World Bank, and regularly engages governments in an effort to develop mandatory rules or strengthen existing standards such as the Kimberley Process. He serves on the board of EGJustice, a nongovernmental organization that promotes good governance in Equatorial Guinea, and is a member of the International Corporate Accountability Roundtable (ICAR)’s steering committee.
Before joining Human Rights Watch, Ganesan worked as a medical researcher. He attended the University of Oklahoma.
A Zimbabwean fruit vendor waits for customers in central Harare on January 9, 2015.
UPDATE 7/31/2015: The 16 vendors were released on $50 bail each on July 30. Charges against them remain.
(Johannesburg) – Police in Zimbabwe’s capital, Harare, are carrying out a violent crackdown on unlicensed street vendors marked by beatings, destruction of their goods, and arbitrary arrests. Sixteen people remain in detention following their arrest on July 14, 2015, on apparent trumped-up charges of public violence.
The majority of the street vendors are women living in extreme poverty, part of the more than 70 percent of Zimbabweans who live on less than US$1.25 per day. The government should halt the crackdown and work with the vendors and their representatives on a comprehensive plan that would allow them to work while addressing the city’s concerns, Human Rights Watch said. The government should also hold those responsible for the violence to account and provide redress to the vendors.
A Zimbabwean fruit vendor waits for customers in central Harare on January 9, 2015.
© 2015 Reuters“Police harassment and arrests of street vendors has rapidly escalated in recent weeks since the Harare City Council launched its ‘clean-up campaign,’” said Dewa Mavhinga, senior Africa researcher at Human Rights Watch. “The lack of a vending license is no grounds for beating and jailing people who are desperate to earn a living.”
On July 7, the newly appointed minister of local government, public works, and national housing, Saviour Kasukuwere, told state media that he would ensure that the Harare City Council cleans up the city and relocates an estimated 20,000 unlicensed street vendors to designated vending sites outside the capital. Kasukuwere’s predecessor had on June 1 issued a seven-day ultimatum for vendors to move to the sites outside the city.
The day after the new minister’s announcement, Harare municipal police began their crackdown, using unnecessary or excessive force, beatings, arbitrary arrests, and unlawful seizure and destruction of goods. On July 9, the municipal police beat and arrested 26 vendors, many of them women, and handed them over to national police, who charged 23 with “conduct likely to cause breach of peace,” and 3 with assault. The following day municipal police seized and burned street vendors’ goods, mainly clothing. The group of 23 charged were later fined and released; the 3 charged with assault were granted bail on July 24.
On July 14, municipal police beat and arrested 16 more street vendors, including Sten Zvorwadza, Samuel Wadzanai Mangoma, and Lucy Makunde, leaders of the National Vendors Union of Zimbabwe (NAVUZ), which represents street vendors. They were charged with inciting public violence after they demanded that municipal police return goods seized from them.
Several vendors were injured in the beatings. But prison officials denied the detained vendors access to medical treatment, despite a court order secured by their lawyer. The magistrate court denied them bail on July 21. Their lawyer filed an appeal at the High Court against the denial of bail, which has been repeatedly postponed and is now scheduled to be heard on July 30. Their trial is scheduled to begin on August 4.
On July 24, police arrested three activists who were part of a group of 60 street vendors who visited the detained NAVUZ leaders at Harare Remand Prison. Police alleged that the three activists – Edgar Gweshe, Charles Nyoni, and Don Makuwaza – had taken photographs at the prison, which is prohibited under the Protected Places and Areas Act. They were held for a day, then released on bail.
On July 25, police arrested three more activists – Mfundo Mlilo, Nixon Nyikadzino, and Dirk Frey – on charges of organizing a meeting outside Harare Remand Prison in violation of the Public Order and Security Act. The court ordered their release on July 27 because they were detained for more than 48 hours without being brought to court, as required by law.
International standards on the use of force by law enforcement personnel, including police and government inspection agents, are the 1979 United Nations Code of Conduct for Law Enforcement Officials and the 1990 UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. The Code of Conduct provides that law enforcement officials, in performing their duties, respect and protect human dignity and uphold everyone’s human rights. Law enforcement officials may use force only when strictly necessary, for a specific legitimate aim, and that is strictly proportionate to the need.
The authorities should immediately drop their spurious charges against the vendors and activists, and release those still in detention, Human Rights Watch said. Zimbabwe’s government should respect and protect the rights of all citizens, including street vendors and the activists who represent them.
“Beating women who are struggling to survive as street vendors and bringing trumped-up charges against them is no way to treat Zimbabwe’s citizens,” Mavhinga said. “What the government needs to do is to work with the vendors to find a way for them to work freely and safely.”
An elderly couple walks past tents in the Chingwizi transit camp for 20, 000 people displaced as a result of the flooded Tokwe-Mukorsi Dam which the government set up on Nuanetsi Ranch in Mwenezi district in February 2014 and later forcibly shut it down in August 2014, March 2014.
This week, the 20,000 people who fled their homes because of massive flooding at Zimbabwe’s Tokwe-Mukorsi dam in February 2014 sent a desperate plea to President Robert Mugabe. “Your government has forgotten us. We have no freedom. We feel like people in prison. Your government is treating us like second class citizens and as if we are people with no rights at all,” reads the public letter. “We do not have enough food and we are facing starvation.”
A woman stands in front of a pile of her household property at Chingwizi transit camp, which the government forcibly shut down in August 2014. Hundreds of families lost their property left in the open during their relocation to the camp. March 2014.
© 2014 Davison MudzingwaAfter a year of government indifference and a litany of broken promises, the government has turned its back on these people. In the last six months, the government has distributed food only twice, with each family receiving 25 kilograms of maize meal – not nearly enough for their needs. They lack adequate shelter, safe drinking water, and access to sanitation and health services.
Additionally, Mugabe’s government has coerced the flood victims to resettle onto one-hectare plots at a farm with close links to his ruling Zanu-PF party. Conditions at the ranch can be summed up in one word: miserable. The plots are unsuitable for growing enough food to feed their families, the land is earmarked for growing sugar cane, and the land ownership is disputed.
Although the flood victims would have been required to move eventually –once the Tokwe-Mukorsi dam’s construction was complete – they were holding out until fair compensation was given.
The flood changed all that, possibly deliberately. According to the Zimbabwe Human Rights Commission, the flooding “was not natural, but [a] man-made disaster” and could have been avoided if the overflow channels built into the dam wall had been opened. Since the flood, the long-promised compensation payments to help the flood victims rebuild their lives has not been forthcoming and humanitarian aid intended for them has been misappropriated.
Mugabe should ensure there is an immediate and transparent process to provide basic services to the flood victims, and that they are adequately compensated and fully consulted about their future resettlement. His government’s long history of violating human rights does not bode well for the victims. However, Mugabe is once again receiving aid from Western donors, including the European Union, and he needs to demonstrate he is willing to tackle human rights concerns. Maybe, this time, he will change his ways.
Meanwhile the flood victims wait, their situation more precarious by the day.
A Zimbabwean fruit vendor waits for customers in central Harare on January 9, 2015.
UPDATE 7/31/2015: The 16 vendors were released on $50 bail each on July 30. Charges against them remain.
(Johannesburg) – Police in Zimbabwe’s capital, Harare, are carrying out a violent crackdown on unlicensed street vendors marked by beatings, destruction of their goods, and arbitrary arrests. Sixteen people remain in detention following their arrest on July 14, 2015, on apparent trumped-up charges of public violence.
The majority of the street vendors are women living in extreme poverty, part of the more than 70 percent of Zimbabweans who live on less than US$1.25 per day. The government should halt the crackdown and work with the vendors and their representatives on a comprehensive plan that would allow them to work while addressing the city’s concerns, Human Rights Watch said. The government should also hold those responsible for the violence to account and provide redress to the vendors.
A Zimbabwean fruit vendor waits for customers in central Harare on January 9, 2015.
© 2015 Reuters“Police harassment and arrests of street vendors has rapidly escalated in recent weeks since the Harare City Council launched its ‘clean-up campaign,’” said Dewa Mavhinga, senior Africa researcher at Human Rights Watch. “The lack of a vending license is no grounds for beating and jailing people who are desperate to earn a living.”
On July 7, the newly appointed minister of local government, public works, and national housing, Saviour Kasukuwere, told state media that he would ensure that the Harare City Council cleans up the city and relocates an estimated 20,000 unlicensed street vendors to designated vending sites outside the capital. Kasukuwere’s predecessor had on June 1 issued a seven-day ultimatum for vendors to move to the sites outside the city.
The day after the new minister’s announcement, Harare municipal police began their crackdown, using unnecessary or excessive force, beatings, arbitrary arrests, and unlawful seizure and destruction of goods. On July 9, the municipal police beat and arrested 26 vendors, many of them women, and handed them over to national police, who charged 23 with “conduct likely to cause breach of peace,” and 3 with assault. The following day municipal police seized and burned street vendors’ goods, mainly clothing. The group of 23 charged were later fined and released; the 3 charged with assault were granted bail on July 24.
On July 14, municipal police beat and arrested 16 more street vendors, including Sten Zvorwadza, Samuel Wadzanai Mangoma, and Lucy Makunde, leaders of the National Vendors Union of Zimbabwe (NAVUZ), which represents street vendors. They were charged with inciting public violence after they demanded that municipal police return goods seized from them.
Several vendors were injured in the beatings. But prison officials denied the detained vendors access to medical treatment, despite a court order secured by their lawyer. The magistrate court denied them bail on July 21. Their lawyer filed an appeal at the High Court against the denial of bail, which has been repeatedly postponed and is now scheduled to be heard on July 30. Their trial is scheduled to begin on August 4.
On July 24, police arrested three activists who were part of a group of 60 street vendors who visited the detained NAVUZ leaders at Harare Remand Prison. Police alleged that the three activists – Edgar Gweshe, Charles Nyoni, and Don Makuwaza – had taken photographs at the prison, which is prohibited under the Protected Places and Areas Act. They were held for a day, then released on bail.
On July 25, police arrested three more activists – Mfundo Mlilo, Nixon Nyikadzino, and Dirk Frey – on charges of organizing a meeting outside Harare Remand Prison in violation of the Public Order and Security Act. The court ordered their release on July 27 because they were detained for more than 48 hours without being brought to court, as required by law.
International standards on the use of force by law enforcement personnel, including police and government inspection agents, are the 1979 United Nations Code of Conduct for Law Enforcement Officials and the 1990 UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. The Code of Conduct provides that law enforcement officials, in performing their duties, respect and protect human dignity and uphold everyone’s human rights. Law enforcement officials may use force only when strictly necessary, for a specific legitimate aim, and that is strictly proportionate to the need.
The authorities should immediately drop their spurious charges against the vendors and activists, and release those still in detention, Human Rights Watch said. Zimbabwe’s government should respect and protect the rights of all citizens, including street vendors and the activists who represent them.
“Beating women who are struggling to survive as street vendors and bringing trumped-up charges against them is no way to treat Zimbabwe’s citizens,” Mavhinga said. “What the government needs to do is to work with the vendors to find a way for them to work freely and safely.”
A Zimbabwean fruit vendor waits for customers in central Harare on January 9, 2015.
A Zimbabwean fruit vendor waits for customers in central Harare on January 9, 2015.
People at a solidarity prayer rally for Itai Dzamara in Harare on July 11, 2015.
A young, unmarried girl stands amid a herd of cattle outside Bor, the capital of Jonglei State. Cattle carry significant social, economic, and cultural importance for South Sudan's pastoralist ethnic groups, which use cows for payment of dowry - a key driver of child marriage. Bor Jonglei State, February 2013.
I faced a lot of problems in marriage. I was young and did not know how to be a wife. I was pregnant, had to look after my husband, do housework, deal with in-laws, and work on the farm. My worst time was when I was pregnant; I had to do all this and deal with a pregnancy while I was just a child myself.[1]
—Elina V., 19, married a 24-year-old man when she was 15, Mangochi district, Malawi, September 2013
We have a crisis on our hands. The UN estimates that 15 million girls experience child marriage each year…. We must move from vulnerability to voice and leadership. Africa is young and full of innovation. This energy must be harnessed to ensure that we have lasting solutions. [2]
—Nyaradzayi Gumbonzvanda, African Union Goodwill ambassador on Ending Child Marriage in Africa, national launch of the AU Campaign to End Child Marriage in Africa, July 31, 2015
In September 2015, leaders from Africa joined other governments from around the world in adopting the United Nations Sustainable Development Goals (SDGs), including a target to end child marriage in the next 15 years.
In sub-Saharan Africa, a staggering 40 percent of girls marry before age 18, and African countries account for 15 of the 20 countries with the highest rates of child marriage. [3] For example, 77 percent of girls in Niger,[4] and over 60 percent of girls in Central African Republic and Chad, marry before they turn 18.[5] Without progress to prevent child marriage, the number of girls married as children will double by 2050, and Africa will surpass South Asia as the region with the highest number of child brides in the world.
Girls who marry young are often denied a range of human rights: many must discontinue their education, face serious health risks from early and multiple pregnancies, and suffer sexual and domestic violence. Agenda 2063, the African Union’s 50-year action plan for development, recognizes that child marriage is a major impediment to regional development and prosperity. Countries lose out on potentially enormous social, economic, and political contributions these girls could make if given the right opportunities from the start.
Helen, 16, stands with her husband Jade, 50, outside their home in a village near Juba. Helen married at 15 and said she would have chosen school over marriage, but her family was unable to afford school fees. She was in labor for five days before having a cesarean section. Her son is now 8 months old. Kansuk, Central Equatoria State, February 2013.
At present, unprecedented attention is being paid to child marriage globally, including public commitments by heads of states to fight child marriage in their countries, as well as the support of international donors, UN agencies, and civil society groups.
African leadership is essential for harnessing this attention to effectively prevent and eliminate child marriage. Promising initiatives include the launch in Ethiopia on May 29, 2014 of a continent-wide campaign to end child marriage, and the appointments in Ethiopia of a new AU special rapporteur on child marriage, and of a Goodwill ambassador for the AU Campaign to End Child Marriage.
Most importantly, there must be concrete changes nationally and locally. There is no single solution for ending child marriage. Rather, to achieve this goal, African governments should commit to comprehensive change that includes a range of measures, including ensuring legal reform and enforcement, access to quality education, and sexual and reproductive health information and services; promoting girls’ empowerment; and changing harmful social norms.
Evidence for what drives child marriage is growing. Despite diversity across regions and communities, many common threads lead to child marriage and its harmful consequences. Human Rights Watch research in Malawi, South Sudan, Tanzania, Zimbabwe, Afghanistan, Bangladesh, Nepal, and Yemen has found that intersections between gender discrimination and poverty; poor access to education and health services; customary practices; religious beliefs; and weak justice mechanisms fuel the practice.
Pontinanta J. from South Sudan has nine siblings and neither of her parents is employed. She told Human Rights Watch that she was married in 2006 at the age of 13 because “my father did not want to pay my school fees. Sometimes we had no food at home.”[6] Aguet N., married at age 15 to a 75-year-old man said, “This man went to my uncles and paid a dowry of 80 cows. I resisted the marriage. They threatened me. They said, ‘If you want your siblings to be taken care of, you will marry this man.’ I said he is too old for me. They said, ‘You will marry this old man whether you like it or not because he has given us something to eat.’”[7]
A 14-year-old girl holds her baby at her sister’s home in a village in Kanduku, in Malawi’s Mwanza district. She married in September 2013, but her husband chased her away. Her 15-year-old sister, in the background, married when she was 12. Both sisters said they married to escape poverty
Poverty is commonly cited by girls and family members as driving decisions to marry young. For poor families, with little money even for food and basic necessities, marrying their daughter early is an economic survival strategy: it means one less child to feed or educate. Girls themselves may see marriage as a way out of poverty. Discriminatory gender norms in many places, including traditions that mean girls go to live with their husbands’ families, while boys remain with, and financially support, their parents, also contribute to perceptions that girls are economic burdens. Some families believe that giving their daughter away in marriage may give her a chance for a better life.
Legal frameworks play a powerful role in transforming norms and protecting girls’ rights. Relevant laws and regulations include those that set the minimum age for marriage at 18 for both girls and boys; requirements for birth and marriage registration; sexual violence and domestic violence laws; anti-corruption laws; and family status laws regulating marriage, divorce, custody, and inheritance. At least 20 African countries allow girls to marry below the age of 18 through their minimum age laws or through exceptions for parental consent or judicial approval.[8]
Although many African countries have established 18 as the minimum age of marriage for both boys and girls, weak enforcement has meant these laws have had little impact. Police may not have adequate training on dealing with these cases, do not see it as their job to prevent child marriages, or defer to the parents’ wishes. And while birth and marriage registration helps prove the age of spouses at the time of marriage, they are rarely produced or verified. For example, only 16 percent of children in Tanzania under age 5 have been registered with civil authorities, and only about half of these children received a birth certificate.[9] Birth certificates are often also forged by corrupt officials who may accept bribes and knowingly facilitate child marriages.
Mary eloped with her husband when she was 14. Her husband beat her severely and stabbed her for talking to another boy. As a result, she lost the use of her right hand. When her husband took her to the police station and accused her of adultery, the police caned her as punishment. Her husband was never charged for assaulting her. Mary now lives with her uncle. Juba, Central Equatoria State, February 2013.
Corruption may mean girls can find little recourse from the justice system. A police officer from the Police Gender and Children’s Desk in Moshi, Tanzania, told Human Rights Watch that some of the cases taken to court for prosecution are delayed or are not completed because perpetrators pay money to the magistrates, who then postpone and adjourn cases indefinitely. The long delays eventually cause victims and witnesses to give up and stop coming to court.[10] Janet G., a child bride in Tanzania, said, “I want to report my husband’s abuse to the police but I do not have money to pay them to help me.”[11]
Also, many African countries have multiple legal systems where civil, customary, and religious laws overlap and generally contradict one another. Community or religious leaders who align child marriage with customary practices and religious beliefs may also resist laws and their enforcement.
Traditional beliefs about gender roles and sexuality and women and girls’ subordination undergird many customary practices, such as payment of dowry or bride price, which perpetuate child marriage. In a context of limited economic resources and opportunities, girls are often seen as economic assets whose marriages provide cattle, other animals, money, and gifts.
For example, dowry payment is a key driver of child marriage in South Sudan, where families see their daughters as sources of wealth. A marriage is sealed after a man and his family negotiates and pays a dowry to a woman’s family in the form of cattle, other animals, or, increasingly, money. Anita G., 19, told Human Rights Watch that her father forced her to leave school to get married when she was 16 and in her second year of secondary school: “My father said he did not have money to support my schooling. I then discovered that he had already received 20 cows as dowry for me. My mother tried to reason with my father to allow me continue with school, but my father said I had to marry. He said, ‘Once dowry has been taken, it cannot be returned.’”[12]
Anita, 19, was forced by her father to leave school and marry when she was 16-years-old. When Anita and her mother objected to the marriage, her father became angry and beat both of them, stating that he had already accepted dowry for the marriage. Moshi, Tanzania. August 7, 2014.
Religious beliefs can also be a driver of child marriage. Amongst Zimbabwe’s religious sects, particularly in the Apostolic faith where religion combines with traditional culture, girls often marry much older men at a very young age. A midwife in the Johwane Masowe Shonhiwa Apostolic faith told Human Rights Watch her church encourages child marriage: “Our church doctrine is that girls must marry when they are between 12 and 16 years old to make sure they do not sin by having sexual relations outside marriage. As soon as a girl reaches puberty any man in the church can claim her for a wife.”[13] Virginity testing and polygamy is also widely practiced within the Apostolic faith religious sects. Church doctrine enforced by elders, husbands, and other family members, prohibits married girls from continuing school.
Human Rights Watch research has shown that child marriage has dire life-long consequences, often completely halting or crippling a girl’s ability to realize a wide range of human rights.
Child marriage directly violates rights to health, education, equality and non-discrimination, consensual marriage, employment, and to live free from violence and discrimination, which are enshrined in international human rights standards and institutions, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC).
Child marriage also violates the rights of women and girls that are enshrined in regional treaties. These include the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa (the Maputo Protocol), which calls on governments to “enact appropriate national legislative measures to guarantee that: the minimum age of marriage for women shall be 18 years”; and the African Charter on Human and Peoples’ Rights (the African Charter), which calls on states to “ensure the elimination of every discrimination against women and also ensure the protection of the rights of women and the child as stipulated in international declarations and conventions.”[14]
I got complications during delivery. I was unable to push and I was weak with no energy. The nurses said I was getting complications because my body was not fully developed. To pull out the baby, the nurses forced their hands inside my body and pulled the baby out. I felt so much pain that I was not able to walk for a whole month after delivery.[15]
—Aisha S., married at 17, Kahama, Tanzania, April 2014
Child marriage is closely linked to early childbearing with consequences that can be fatal. Complications resulting from pregnancy and childbirth are the second leading cause of death among adolescent girls aged 15-19 years old globally.[16] Research shows that girls aged 10-14 are five times more likely to die during delivery than mothers aged 20-24; girls aged 15-19 are still twice as likely to die during delivery as women aged 20-24.[17]
These consequences are due largely to girls’ physical immaturity where the pelvis and birth canal are not fully developed. Complications in labor are exacerbated where emergency obstetric services are scarce, as is the case in many countries across the continent. In other cases, the stress of delivery in physically immature bodies can cause obstetric fistulas, a tear between a girl’s vagina and rectum that results in constant leaking of urine and feces. Girls suffering this condition are often ostracized and abandoned by their families and communities.
A young woman recovers after giving birth to twins in Bor Hospital. She was married at the age of 12 and had her first child at the age of 15, enduring a protracted five-day labor. She is now 20 and these are her 4th and 5th children. Bor, Jonglei State, February 2013.
Limited access to reproductive health information and services for both unmarried and married adolescents contributes to these harms. Many adolescents have a limited understanding of sexual intercourse, its consequences, or contraception. Adolescent pregnancy outside of marriage, or the fear that adolescent girls will get pregnant, helps fuel child marriage. Once married, girls often do not have access to information or family planning services to delay or space pregnancies.
Many girls that Human Rights Watch interviewed in South Sudan lacked basic knowledge about sexuality and contraception. Gloria C. said she got pregnant at 14 or 15. “I didn’t know that I would get pregnant by having sex,” she said. “I was just playing sex.”[18] A problem in many countries is that many schools do not offer comprehensive sexuality education to girls and boys, or health workers do not share complete information about reproductive health with adolescents.
My father refused me to go to school. He said it is a waste of money to educate a girl. He said marriage will bring me respect in the community. Now I have grown up and I know that this is not true. I cannot get work to support my children and I see girls who have some education can get jobs.[19]
—Mary K., Yambio County, South Sudan, March 2012
Many girls who attend school are forced to leave due to marriage, pregnancy, or family pressure. Although school administrators and teachers should play a critical role in monitoring and encouraging married girls to remain in school, formal or informal school policies often mean that they instead stigmatize and expel them from the education system.
Others are pushed into marriage once they leave school. Poor access to quality education can also contribute to child marriage: when schools are too expensive, far, or poor quality, many families may pull their daughters out, leaving them at greater risk of marriage. Inadequate water and sanitation facilities can deter girls from attending school, especially once they begin menstruating. School fees, or even the costs of uniforms and school supplies, can put formal schooling beyond some families’ reach.
Jacinta, 15, was excluded from school after authorities found out that she was pregnant. She said her teachers took her to a medical clinic to undergo a pregnancy test. She subsequently gave birth prematurely and her baby did not survive. August 5, 2014.
A lack of education limits girls’ choices and opportunities throughout their lives. The price of this exclusion is often poverty. Without education, girls and adult women have fewer opportunities to financially provide for themselves and their families. Research by the United Nations Children’s Fund (UNICEF) shows how limited education may make girls and women more vulnerable to persistent poverty when their spouses die, abandon or divorce them.[20]
In South Sudan, Anyier D., 18, told Human Rights Watch that her uncles forced her to leave school at age 14 in 2008 to marry an old man she did not know. She said: “I would wish to return to school even if I have children. People think that I am happy but I am not because I don’t have an education. I don’t have something of my own and I am only cleaning offices. If I had gone to secondary school, I would get a good job.”[21]
I faced a lot of abuse in my marriage. My husband had an affair. He would beat me when he returned home. Whenever he was drunk, he would beat me for no reason. Every time he beat me, I would pack my clothes and go to my grandmother’s house but she did not help me. When I talked to my husband’s relatives, they used to tell me that that is how marriage life is and I should go back to my husband.[22]
—Chanika B., married when she was 15, Mangochi district, Malawi, September 2013
Child marriage exposes girls and young women to violence, including marital rape, sexual and domestic violence, and emotional abuse. Rose M., a mother of two, was married when she was 16. She told us: “I experienced a lot of problems in my marriage. We had no food or clothes. We washed our clothes with leaves. My husband beat me at least twice a week and he used to force me to have sex with him. Also, I was not allowed to go out of the home.”[23]
While not all child marriages are marked by domestic violence, the risks increase when there are large gaps in age between a girl and her husband.[24] Many countries fail to criminalize marital rape, and even when it is a crime, child brides have little ability to seek help. Married girls and young women between the ages of 15 and 19 with low levels of education are at a much greater risk of domestic and sexual violence from their spouses than older and more educated women.[25]
Rose was married when she was 16 and now has two children. Her husband would beat her often and force her to have sex with him. Rose said she contemplated suicide in order to escape the marriage. Moshi, Tanzania. August 6, 2014.
A study across seven countries found that girls who married before the age of 15 were more likely to experience spousal abuse than women who married after 25.[26] Limited information about their rights, lack of access to services—especially legal assistance; discriminatory divorce, inheritance, and custody laws; and rejection from their own families—can leave many trapped in abusive marriages with no means of escape. A lack of understanding and access to information on healthy relationships, reproduction, and sexual intercourse among both boys and girls contributes to abusive relationships.
Lack of shelters is a key obstacle to effectively responding to child marriages. Many governments lack shelters or safe spaces where girls can seek protection and help when at risk of child marriage, or when they run away from them.
While the harms caused by child marriage are grim, the benefits of ending the practice are transformative and far-reaching. Tackling child marriage is a strategic way to advance women’s rights and empowerment in several areas, ranging from health, education, work, freedom from violence, and participation in public life.
Sister Felicita Humwara, the head of history and religious studies at Juba Day Secondary School, offers support and encouragement to young mothers who have returned to school after having children. Juba, Central Equatoria State, February 2013.
In order to do so, it is essential that all relevant stakeholders—including community and religious leaders; school teachers and administrators; health care workers; police, prosecutors, and the judiciary; government officials; media; parents, and of course, girls and boys—understand and commit to their role in ending child marriage.
The absence of comprehensive national strategies on child marriage and poor coordination among government ministries and agencies undermines the effectiveness of government efforts. Without clear guidelines on how authorities should handle cases of child marriage, government responses remain fragmented.
For example, in Malawi, various government entities, officially coordinated by the Ministry of Gender, Children and Community Development, are mandated to tackle violence against women, including child marriages. The Ministry of Justice is responsible for the prosecutors, the Ministry of Gender, Children and Community Development for child protection workers, and the Ministry of Interior for the police. However, there is little communication or formal referrals on specific cases among these entities.
Children watch a video at an outreach event held by Agape AIDS Control Program, a nongovernmental organization working to end child marriage. Shinyanga, Tanzania. August 4, 2014.
Similarly, the AU has launched disparate campaigns and initiatives that address child marriage but has not coordinated them, for example, the Campaign for Accelerated Reduction of Maternal Mortality (CARMMA), the African Women’s Decade, and the African Youth Decade Plan of Action.
Effective solutions require coordination by multiple actors and must put girls’ empowerment and voice at their center. Regional and international institutions, governments, and civil society groups should work together to ensure that the SDG target of ending child marriage by 2030 is achieved.
[1] Human Rights Watch interview with Elina V., Mangochi district, Malawi, September 21, 2013.
[2] African Union, “The Republic of Zimbabwe Launches AU Campaign to End Child Marriage in Africa,” August 2, 2015, http://sa.au.int/en/content/republic-zimbabwe-launches-au-campaign-end-c... (accessed November 13, 2015).
[3] UNICEF, Ending Child Marriage: Progress and Prospects, 2014, http://data.unicef.org/corecode/uploads/document6/uploaded_pdfs/corecode... (accessed November 15, 2015). While sub-Saharan Africa has the highest rates of child marriage, due to population size, the largest number of child brides reside in South Asia.
[4] Ibid.
[5] Ibid.
[6] Human Rights Watch interview with Pontinanta J., Yambio County, South Sudan, March 7, 2012.
[7] Human Rights Watch interview with Aguet N., Bor County, South Sudan, March 15, 2012.
[8] Belinda Maswikwa et al., “Minimum Marriage Age Laws and the Prevalence Of Child Marriage and Adolescent Birth: Evidence from Sub-Saharan Africa,” International Perspectives on Sexual and Reproductive Health, (2015) vol. 41(2):58–68, http://www.guttmacher.org/pubs/journals/4105815.pdf (accessed November 13, 2015); Girls Not Brides, “Minimum Age of Marriage in Africa,” Compiled by the African Child Policy Forum (ACPF), 2013, http://www.girlsnotbrides.org/wp-content/uploads/2013/04/Minimum-age-of-... (accessed November 13, 2015).
[9] Tanzania National Bureau of Statistics and ICF Macro, “Tanzania Demographic and Health Survey 2010,” 2010, http://dhsprogram.com/pubs/pdf/FR243/FR243%5B24June2011%5D.pdf (accessed November 10, 2015), p. 27.
[10] Human Rights Watch interview with Happiness Eliufoo, police officer at the Police Gender and Children’s Desk, Hai police station, Moshi, Tanzania, April 2014.
[11] Human Rights Watch interview with Janet G., Mwanza, Tanzania, March 31, 2014.
[12] Human Rights Watch interview with Anita G., Kahama district, Tanzania, April 2, 2014.
[13] Human Rights Watch interview with C.M, midwife in the Johwane Masowe Shonhiwa Apostolic faith sect, Masvingo, Zimbabwe, October 14, 2015.
[14] Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol), art. 6(b); African (Banjul) Charter on Human and Peoples’ Rights (ACHPR), OAU Doc. CAB/LEG/67/3 rev. 5, 21 (1982), art. 18. The Maputo Protocol in article 6 calls on governments to develop laws that establish 18 as the minimum age of marriage. The African Charter in article 18 obligates governments to “ensure the elimination of every discrimination against women and also ensure the protection of the rights of the woman and the child as stipulated in international declarations and conventions.”
[15] Human Rights Watch interview with Aisha S., Kahama, Tanzania, April 2, 2014.
[16] UN Women, “Child Marriages: 39,000 Every Day – More than 140 million girls will marry between 2011 and 2020,” March 7, 2013, http://www.unwomen.org/en/news/stories/2013/3/child-marriages-39000-ever... (accessed November 13, 2015).
[17] World Health Organization (WHO), “WHO Guidelines on Preventing Early Pregnancy and Poor Reproductive Outcomes Among Adolescents in Developing Countries,” 2011, http://whqlibdoc.who.int/publications/2011/9789241502214_eng.pdf (accessed November 10, 2015), p. 2.
[18] Human Rights Watch interview with Gloria C., Yambio County, South Sudan, March 7, 2012.
[19] Human Rights Watch interview with Mary K., Yambio County, South Sudan, March 7, 2012.
[20] UNICEF Innocenti Digest, “Early Marriage Child Spouses,” No. 7, March 2001, http://www.unicef-irc.org/publications/pdf/digest7e.pdf (accessed November 13, 2015), p.12.
[21] Human Rights Watch interview with Anyier D., Bor County, South Sudan, March 15, 2012.
[22] Human Rights Watch interview with Chanika B., Mangochi district, Malawi, September 21, 2013.
[23] Human Rights Watch interview with Rose M., Kahama district, Tanzania, April 2, 2014.
[24] UN Women, “Child Marriages: 39,000 Every Day – More than 140 million girls will marry between 2011 and 2020,” March 7, 2013, http://www.unwomen.org/en/news/stories/2013/3/child-marriages-39000-ever... (accessed November 13, 2015).
[25] WHO, “Multi-country Study on Women’s Health and Domestic Violence against Women: Initial Results on Prevalence, Health Outcomes and Women’s Responses: Summary Report,” 2005, http://www.who.int/gender/violence/who_multicountry_study/summary_report... (accessed November 16, 2015), p. 8. The multi-country study found that in all the countries studied, except Japan and Ethiopia, girls in this age bracket were more vulnerable to physical and sexual abuse by a partner, non-partner, or both, than older women.
[26] Sunita Kishor and Kiersten Johnson, “Profiling Domestic Violence: A Multi-Country Study,” Measure DHS+ ORC Macro, June 2004, http://dhsprogram.com/pubs/pdf/od31/od31.pdf (accessed November 13, 2015), p. 29.
(Nairobi) – African governments should coordinate action to improve laws, education, health care, and public awareness to end the scourge of child marriage, Human Rights Watch said today on International Human Rights Day, December 10, 2015. Forty percent of girls in sub-Saharan Africa marry before age 18, and African countries account for 15 of the 20 countries with the highest rates of child marriage.
A new 20-page Human Rights Watch report, “Ending Child Marriage in Africa: Opening the Door for Girls’ Education, Health, and Freedom from Violence,” shows how child marriage has dire lifelong consequences, often severely reducing a girl’s ability to realize a wide range of human rights. Marrying early often ends a girl’s education, exposes her to domestic and sexual violence, increases serious health risks and death from early childbearing and HIV, and traps her in poverty.
A young, unmarried girl stands amid a herd of cattle outside Bor, the capital of Jonglei State. Cattle carry significant social, economic, and cultural importance for South Sudan's pastoralist ethnic groups, which use cows for payment of dowry - a key driver of child marriage. Bor Jonglei State, February 2013.
“Government leaders across Africa often say the right things about child marriage, but have yet to produce the political commitment, resources, and on-the-ground help that could end this harmful practice,” said Agnes Odhiambo, senior Africa women’s rights researcher at Human Rights Watch.
The United Nations Children’s Fund (UNICEF) estimates that without progress to prevent child marriage, the number of married girls in Africa will rise from 125 million to 310 million by 2050. In September 2015, African leaders joined other governments to adopt the UN Sustainable Development Goals (SDGs), which include a target to end child marriage in the next 15 years. Africa’s human rights treaties on women’s and children’s rights, agreed to by African states, explicitly state that the minimum age of marriage should be 18.
(Nairobi) – Les gouvernements africains devraient coordonner leur action pour améliorer les lois, l'éducation, les soins de santé et la sensibilisation du public afin de mettre fin au fléau des mariages d'enfants, a déclaré Human Rights Watch aujourd'hui à l’occasion de la Journée internationale des droits humains, le 10 décembre 2015. Quarante pour cent des filles en Afrique subsaharienne se marient avant l'âge de 18 ans, et les pays africains représentent 15 des 20 pays ayant les taux de mariage d’enfants les plus élevés.
Un nouveau rapport de 20 pages publié par Human Rights Watch, et intitulé « Ending Child Marriage in Africa: Opening the Door for Girls’ Education, Health, and Freedom from Violence » (« Mettre fin aux mariages d’enfants en Afrique : Ouvrir la porte aux filles pour l'éducation, la santé et la liberté de toute violence ») montre combien le mariage des enfants a des conséquences désastreuses tout au long de la vie des jeunes filles, limitant souvent et de manière importante leur capacité à jouir d’un large éventail de droits humains. Le mariage précoce met souvent fin à l'éducation d'une fille, l’expose à des risques de violence domestique et sexuelle, augmente les graves risques de santé ainsi que de décès, en raison de grossesses précoces et du VIH, et l’enferme dans la pauvreté.
Une jeune fille sud-soudanaise, non mariée, photographiée en février 2013 devant un troupeau dans un champ près de Bor, la capitale de l'État de Jonglei. Le bétail revêt une grande importance sociale, économique et culturelle pour les éleveurs de diverses ethnies au Soudan du Sud. L'utilisaton de vaches pour payer des dots est un facteur essentiel qui contribue à perpétuer la pratique du mariage d'enfants.
« Les chefs de gouvernement à travers l'Afrique tiennent souvent un beau discours concernant le mariage des enfants, mais sans pour autant générer un engagement politique, des ressources et de l'aide sur le terrain qui pourraient mettre fin à cette pratique néfaste», a déclaré Agnes Odhiambo, chercheuse senior spécialiste de l’Afrique au sein de la division Droits des femmes à Human Rights Watch.
Le Fonds des Nations Unies pour l'enfance (UNICEF) estime que sans progrès pour empêcher le mariage des enfants, le nombre de filles mariées pendant leur enfance en Afrique passera de 125 à 310 millions d’ici 2050. En septembre 2015, les dirigeants africains se sont joints à d'autres gouvernements afin d’adopter les Objectifs de développement durable de l'ONU (ODD), qui comprennent un objectif pour mettre fin au mariage d’enfants dans les quinze prochaines années. Les traités sur les droits humains de l'Afrique concernant les droits des femmes et des enfants, adoptés par les États africains, déclarent explicitement que l'âge minimum du mariage devrait être de 18 ans.
Les 26 et 27 novembre derniers, l'Union africaine a tenu le premier Sommet des Filles Africaines sur l’élimination du mariage des enfants afin de mettre en évidence les effets dévastateurs du mariage des enfants, appeler à des réformes juridiques et partager des informations sur les bonnes pratiques. D’autres initiatives à l'échelle du continent africain, notamment la campagne pour mettre fin aux mariages d'enfants, lancée en 2014, ainsi que la nomination d'un rapporteur spécial de l'Union africaine sur le mariage des enfants et d'un ambassadeur de bonne volonté pour la campagne de l'Union africaine pour mettre fin au mariage des enfants, sont toutes des étapes dans la bonne direction, mais pourraient être plus efficaces s’il y avait une meilleure coordination, a déclaré Human Rights Watch.
Les recherches de Human Rights Watch au Malawi, au Soudan du Sud, en Tanzanie et au Zimbabwe ont montré que l'absence de stratégies nationales complètes sur le mariage des enfants ainsi qu’une mauvaise coordination entre les ministères et les organismes gouvernementaux, sapent l'efficacité des efforts faits par les gouvernements.
« Il n'y a pas de solution unique pour mettre fin au mariage des enfants », a déclaré Agnes Odhiambo. « Les gouvernements africains devraient s’engager à provoquer un changement radical qui comprenne une réforme du système juridique, l'accès à une éducation de qualité ainsi que des informations et des services relatifs à la santé sexuelle et reproductive. »
De nombreux facteurs contribuent au mariage des enfants. La pauvreté est souvent citée par les membres des familles qui peuvent considérer le fait de marier leur fille de manière prématurée comme un moyen de survie économique, avec un enfant de moins à nourrir ou à éduquer.
Beaucoup de pays africains ont des systèmes juridiques multiples, dans lesquels les lois civiles, coutumières et religieuses se chevauchent et dans de nombreux cas, se contredisent. Les croyances traditionnelles sur les rôles attribués à chaque sexe et concernant la subordination des filles et des femmes sous-tendent de nombreuses pratiques coutumières, comme le versement d’une dot ou d’une somme d’argent, qui perpétue la pratique du mariage des enfants.
Au moins vingt pays africains permettent aux filles de se marier avant l'âge de 18 ans, par le biais de leurs lois sur l'âge minimum ou bien d’exceptions pour le consentement des parents ou pour l'approbation d’un juge. Une faible application des lois s’est traduite par un impact limité même dans les pays qui ont établi l'âge minimum du mariage à 18 ans pour les garçons comme pour les filles. Il arrive que les policiers ne reçoivent pas de formation adéquate sur le traitement de ces cas, qu’ils ne considèrent pas que le fait d’empêcher les mariages d'enfants fasse partie de leur travail, ou bien qu’ils s’en remettent aux souhaits des parents.
Le faible accès à l'éducation peut également contribuer au mariage des enfants. Lorsque les écoles sont trop chères ou trop éloignées, ou bien quand l’éducation offerte est de mauvaise qualité, un grand nombre de familles peuvent retirer leurs filles du système éducatif, les exposant ainsi à un plus grand risque de se retrouver mariées. Des infrastructures d'approvisionnement en eau et des installations sanitaires insuffisantes peuvent dissuader les filles d'aller à l'école, surtout une fois qu'elles commencent à avoir leurs règles.
« Les gouvernements devraient fixer l'âge minimum du mariage à 18 ans et s’assurer que cette règle soit entièrement respectée, notamment au moyen de la formation des policiers et des fonctionnaires qui émettent des certificats de mariage », a déclaré Agnes Odhiambo. « Étant donné que les représentants du gouvernement ne peuvent pas à eux seuls changer les choses, ils devraient travailler avec les dirigeants religieux et communautaires qui jouent un rôle influent dans l'élaboration de normes sociales et culturelles. »
Les grossesses des adolescentes en dehors du mariage, ou la crainte que les adolescentes puissent tomber enceintes, contribuent également à augmenter le nombre de mariages d’enfants. L'accès limité aux informations et aux services de santé reproductive pour les adolescentes célibataires et mariées concourt à cette situation.
Les complications résultant de la grossesse et de l'accouchement constituent la deuxième cause principale de décès dans le monde chez les filles âgées de 15 à 19 ans. Le stress de l’accouchement dans d’autres cas peut causer des fistules obstétricales, une déchirure entre le vagin et le rectum d'une fille qui se traduit par des fuites urinaires et de matières fécales constantes. Les filles souffrant de cette pathologie sont souvent ostracisées par leurs familles et leurs communautés. Le mariage des enfants expose les filles et les jeunes femmes à des violences, notamment au viol conjugal, à la violence sexuelle et domestique ainsi qu’à la violence psychologique.
« Les filles et les garçons ont besoin d'informations sur leurs corps, la grossesse, la planification familiale et les relations saines», a conclu Agnes Odhiambo. « La sexualité des adolescents est souvent un sujet tabou, mais doter les jeunes d’informations et d'accès aux services est essentiel pour la lutte contre le mariage des enfants et la violence de genre. »
Témoignages tirés du rapport de Human Rights Watch :
« J’ai été confrontée à beaucoup de problèmes dans le cadre de mon mariage. J’étais jeune et je ne savais pas comment être une épouse. J’étais enceinte, je devais m'occuper de mon mari, faire le ménage, faire face à la belle-famille et travailler dans la ferme. Mon pire moment a été quand j’étais enceinte ; je devais faire tout cela et faire face à une grossesse alors que je n'étais moi-même qu’une enfant. »
– Elina V., 19 ans, mariée à l’âge de 15 ans avec un homme de 24 ans ; Malawi, district de Mangochi ; septembre 2013
« Cet homme est allé chez mes oncles et a payé une dot de 80 vaches. J’ai résisté au mariage. Ils m’ont menacée. Ils m’ont dit : ‘Si tu veux que tes frères et sœurs soient pris en charge, tu épouseras cet homme.’ J’ai répondu qu'il était trop vieux pour moi. Ils ont dit : ‘Tu vas épouser ce vieil homme que tu le veuilles ou non parce qu'il nous a donné de quoi manger.’»
– Aguet N., mariée à l’âge de 15 ans avec un homme de 75 ans ; Soudan du Sud
« J’ai eu des complications pendant l'accouchement. Je ne pouvais pas pousser et j’étais faible, sans énergie. Les infirmières ont dit que j’avais des complications parce que mon corps n'était pas pleinement développé. Pour faire sortir le bébé, les infirmières ont enfoncé leurs mains à l'intérieur de mon corps et extrait le bébé. J’ai eu tellement mal que je n’ai pas pu marcher pendant tout un mois après l'accouchement. »
– Aisha S., mariée à l’âge de 17 ans ; Kahama, Tanzanie ; avril 2014
« Après moi, il a pris deux autres épouses. Ses autres femmes ne voulaient pas de moi – elles m’ont chassée mais quand j’ai essayé de revenir dans ma famille, ma tante et ma mère m’ont également rejetée en disant qu'elles avaient déjà accepté sa lobola (dot). Il me battait et me criait dessus. Il a refusé de me laisser continuer mes études. Après deux ans de mariage, la vie était tellement difficile pour moi que j’ai essayé de me tuer en buvant de la mort-aux-rats. J’ai passé une semaine à l'hôpital, après quoi ma famille m'a finalement reprise. Le mariage d’enfants m’a ruiné la vie. Maintenant, je ne travaille pas et je ne peux pas trouver un emploi parce que j’ai arrêté d’aller à l'école. »
– Confidence S., 2
A young, unmarried girl stands amid a herd of cattle outside Bor, the capital of Jonglei State. Cattle carry significant social, economic, and cultural importance for South Sudan's pastoralist ethnic groups, which use cows for payment of dowry - a key driver of child marriage. Bor Jonglei State, February 2013.
I faced a lot of problems in marriage. I was young and did not know how to be a wife. I was pregnant, had to look after my husband, do housework, deal with in-laws, and work on the farm. My worst time was when I was pregnant; I had to do all this and deal with a pregnancy while I was just a child myself.[1]
—Elina V., 19, married a 24-year-old man when she was 15, Mangochi district, Malawi, September 2013
We have a crisis on our hands. The UN estimates that 15 million girls experience child marriage each year…. We must move from vulnerability to voice and leadership. Africa is young and full of innovation. This energy must be harnessed to ensure that we have lasting solutions. [2]
—Nyaradzayi Gumbonzvanda, African Union Goodwill ambassador on Ending Child Marriage in Africa, national launch of the AU Campaign to End Child Marriage in Africa, July 31, 2015
In September 2015, leaders from Africa joined other governments from around the world in adopting the United Nations Sustainable Development Goals (SDGs), including a target to end child marriage in the next 15 years.
In sub-Saharan Africa, a staggering 40 percent of girls marry before age 18, and African countries account for 15 of the 20 countries with the highest rates of child marriage. [3] For example, 77 percent of girls in Niger,[4] and over 60 percent of girls in Central African Republic and Chad, marry before they turn 18.[5] Without progress to prevent child marriage, the number of girls married as children will double by 2050, and Africa will surpass South Asia as the region with the highest number of child brides in the world.
Girls who marry young are often denied a range of human rights: many must discontinue their education, face serious health risks from early and multiple pregnancies, and suffer sexual and domestic violence. Agenda 2063, the African Union’s 50-year action plan for development, recognizes that child marriage is a major impediment to regional development and prosperity. Countries lose out on potentially enormous social, economic, and political contributions these girls could make if given the right opportunities from the start.
Helen, 16, stands with her husband Jade, 50, outside their home in a village near Juba. Helen married at 15 and said she would have chosen school over marriage, but her family was unable to afford school fees. She was in labor for five days before having a cesarean section. Her son is now 8 months old. Kansuk, Central Equatoria State, February 2013.
At present, unprecedented attention is being paid to child marriage globally, including public commitments by heads of states to fight child marriage in their countries, as well as the support of international donors, UN agencies, and civil society groups.
African leadership is essential for harnessing this attention to effectively prevent and eliminate child marriage. Promising initiatives include the launch in Ethiopia on May 29, 2014 of a continent-wide campaign to end child marriage, and the appointments in Ethiopia of a new AU special rapporteur on child marriage, and of a Goodwill ambassador for the AU Campaign to End Child Marriage.
Most importantly, there must be concrete changes nationally and locally. There is no single solution for ending child marriage. Rather, to achieve this goal, African governments should commit to comprehensive change that includes a range of measures, including ensuring legal reform and enforcement, access to quality education, and sexual and reproductive health information and services; promoting girls’ empowerment; and changing harmful social norms.
Evidence for what drives child marriage is growing. Despite diversity across regions and communities, many common threads lead to child marriage and its harmful consequences. Human Rights Watch research in Malawi, South Sudan, Tanzania, Zimbabwe, Afghanistan, Bangladesh, Nepal, and Yemen has found that intersections between gender discrimination and poverty; poor access to education and health services; customary practices; religious beliefs; and weak justice mechanisms fuel the practice.
Pontinanta J. from South Sudan has nine siblings and neither of her parents is employed. She told Human Rights Watch that she was married in 2006 at the age of 13 because “my father did not want to pay my school fees. Sometimes we had no food at home.”[6] Aguet N., married at age 15 to a 75-year-old man said, “This man went to my uncles and paid a dowry of 80 cows. I resisted the marriage. They threatened me. They said, ‘If you want your siblings to be taken care of, you will marry this man.’ I said he is too old for me. They said, ‘You will marry this old man whether you like it or not because he has given us something to eat.’”[7]
A 14-year-old girl holds her baby at her sister’s home in a village in Kanduku, in Malawi’s Mwanza district. She married in September 2013, but her husband chased her away. Her 15-year-old sister, in the background, married when she was 12. Both sisters said they married to escape poverty
Poverty is commonly cited by girls and family members as driving decisions to marry young. For poor families, with little money even for food and basic necessities, marrying their daughter early is an economic survival strategy: it means one less child to feed or educate. Girls themselves may see marriage as a way out of poverty. Discriminatory gender norms in many places, including traditions that mean girls go to live with their husbands’ families, while boys remain with, and financially support, their parents, also contribute to perceptions that girls are economic burdens. Some families believe that giving their daughter away in marriage may give her a chance for a better life.
Legal frameworks play a powerful role in transforming norms and protecting girls’ rights. Relevant laws and regulations include those that set the minimum age for marriage at 18 for both girls and boys; requirements for birth and marriage registration; sexual violence and domestic violence laws; anti-corruption laws; and family status laws regulating marriage, divorce, custody, and inheritance. At least 20 African countries allow girls to marry below the age of 18 through their minimum age laws or through exceptions for parental consent or judicial approval.[8]
Although many African countries have established 18 as the minimum age of marriage for both boys and girls, weak enforcement has meant these laws have had little impact. Police may not have adequate training on dealing with these cases, do not see it as their job to prevent child marriages, or defer to the parents’ wishes. And while birth and marriage registration helps prove the age of spouses at the time of marriage, they are rarely produced or verified. For example, only 16 percent of children in Tanzania under age 5 have been registered with civil authorities, and only about half of these children received a birth certificate.[9] Birth certificates are often also forged by corrupt officials who may accept bribes and knowingly facilitate child marriages.
Mary eloped with her husband when she was 14. Her husband beat her severely and stabbed her for talking to another boy. As a result, she lost the use of her right hand. When her husband took her to the police station and accused her of adultery, the police caned her as punishment. Her husband was never charged for assaulting her. Mary now lives with her uncle. Juba, Central Equatoria State, February 2013.
Corruption may mean girls can find little recourse from the justice system. A police officer from the Police Gender and Children’s Desk in Moshi, Tanzania, told Human Rights Watch that some of the cases taken to court for prosecution are delayed or are not completed because perpetrators pay money to the magistrates, who then postpone and adjourn cases indefinitely. The long delays eventually cause victims and witnesses to give up and stop coming to court.[10] Janet G., a child bride in Tanzania, said, “I want to report my husband’s abuse to the police but I do not have money to pay them to help me.”[11]
Also, many African countries have multiple legal systems where civil, customary, and religious laws overlap and generally contradict one another. Community or religious leaders who align child marriage with customary practices and religious beliefs may also resist laws and their enforcement.
Traditional beliefs about gender roles and sexuality and women and girls’ subordination undergird many customary practices, such as payment of dowry or bride price, which perpetuate child marriage. In a context of limited economic resources and opportunities, girls are often seen as economic assets whose marriages provide cattle, other animals, money, and gifts.
For example, dowry payment is a key driver of child marriage in South Sudan, where families see their daughters as sources of wealth. A marriage is sealed after a man and his family negotiates and pays a dowry to a woman’s family in the form of cattle, other animals, or, increasingly, money. Anita G., 19, told Human Rights Watch that her father forced her to leave school to get married when she was 16 and in her second year of secondary school: “My father said he did not have money to support my schooling. I then discovered that he had already received 20 cows as dowry for me. My mother tried to reason with my father to allow me continue with school, but my father said I had to marry. He said, ‘Once dowry has been taken, it cannot be returned.’”[12]
Anita, 19, was forced by her father to leave school and marry when she was 16-years-old. When Anita and her mother objected to the marriage, her father became angry and beat both of them, stating that he had already accepted dowry for the marriage. Moshi, Tanzania. August 7, 2014.
Religious beliefs can also be a driver of child marriage. Amongst Zimbabwe’s religious sects, particularly in the Apostolic faith where religion combines with traditional culture, girls often marry much older men at a very young age. A midwife in the Johwane Masowe Shonhiwa Apostolic faith told Human Rights Watch her church encourages child marriage: “Our church doctrine is that girls must marry when they are between 12 and 16 years old to make sure they do not sin by having sexual relations outside marriage. As soon as a girl reaches puberty any man in the church can claim her for a wife.”[13] Virginity testing and polygamy is also widely practiced within the Apostolic faith religious sects. Church doctrine enforced by elders, husbands, and other family members, prohibits married girls from continuing school.
Human Rights Watch research has shown that child marriage has dire life-long consequences, often completely halting or crippling a girl’s ability to realize a wide range of human rights.
Child marriage directly violates rights to health, education, equality and non-discrimination, consensual marriage, employment, and to live free from violence and discrimination, which are enshrined in international human rights standards and institutions, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC).
Child marriage also violates the rights of women and girls that are enshrined in regional treaties. These include the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa (the Maputo Protocol), which calls on governments to “enact appropriate national legislative measures to guarantee that: the minimum age of marriage for women shall be 18 years”; and the African Charter on Human and Peoples’ Rights (the African Charter), which calls on states to “ensure the elimination of every discrimination against women and also ensure the protection of the rights of women and the child as stipulated in international declarations and conventions.”[14]
I got complications during delivery. I was unable to push and I was weak with no energy. The nurses said I was getting complications because my body was not fully developed. To pull out the baby, the nurses forced their hands inside my body and pulled the baby out. I felt so much pain that I was not able to walk for a whole month after delivery.[15]
—Aisha S., married at 17, Kahama, Tanzania, April 2014
Child marriage is closely linked to early childbearing with consequences that can be fatal. Complications resulting from pregnancy and childbirth are the second leading cause of death among adolescent girls aged 15-19 years old globally.[16] Research shows that girls aged 10-14 are five times more likely to die during delivery than mothers aged 20-24; girls aged 15-19 are still twice as likely to die during delivery as women aged 20-24.[17]
These consequences are due largely to girls’ physical immaturity where the pelvis and birth canal are not fully developed. Complications in labor are exacerbated where emergency obstetric services are scarce, as is the case in many countries across the continent. In other cases, the stress of delivery in physically immature bodies can cause obstetric fistulas, a tear between a girl’s vagina and rectum that results in constant leaking of urine and feces. Girls suffering this condition are often ostracized and abandoned by their families and communities.
A young woman recovers after giving birth to twins in Bor Hospital. She was married at the age of 12 and had her first child at the age of 15, enduring a protracted five-day labor. She is now 20 and these are her 4th and 5th children. Bor, Jonglei State, February 2013.
Limited access to reproductive health information and services for both unmarried and married adolescents contributes to these harms. Many adolescents have a limited understanding of sexual intercourse, its consequences, or contraception. Adolescent pregnancy outside of marriage, or the fear that adolescent girls will get pregnant, helps fuel child marriage. Once married, girls often do not have access to information or family planning services to delay or space pregnancies.
Many girls that Human Rights Watch interviewed in South Sudan lacked basic knowledge about sexuality and contraception. Gloria C. said she got pregnant at 14 or 15. “I didn’t know that I would get pregnant by having sex,” she said. “I was just playing sex.”[18] A problem in many countries is that many schools do not offer comprehensive sexuality education to girls and boys, or health workers do not share complete information about reproductive health with adolescents.
My father refused me to go to school. He said it is a waste of money to educate a girl. He said marriage will bring me respect in the community. Now I have grown up and I know that this is not true. I cannot get work to support my children and I see girls who have some education can get jobs.[19]
—Mary K., Yambio County, South Sudan, March 2012
Many girls who attend school are forced to leave due to marriage, pregnancy, or family pressure. Although school administrators and teachers should play a critical role in monitoring and encouraging married girls to remain in school, formal or informal school policies often mean that they instead stigmatize and expel them from the education system.
Others are pushed into marriage once they leave school. Poor access to quality education can also contribute to child marriage: when schools are too expensive, far, or poor quality, many families may pull their daughters out, leaving them at greater risk of marriage. Inadequate water and sanitation facilities can deter girls from attending school, especially once they begin menstruating. School fees, or even the costs of uniforms and school supplies, can put formal schooling beyond some families’ reach.
Jacinta, 15, was excluded from school after authorities found out that she was pregnant. She said her teachers took her to a medical clinic to undergo a pregnancy test. She subsequently gave birth prematurely and her baby did not survive. August 5, 2014.
A lack of education limits girls’ choices and opportunities throughout their lives. The price of this exclusion is often poverty. Without education, girls and adult women have fewer opportunities to financially provide for themselves and their families. Research by the United Nations Children’s Fund (UNICEF) shows how limited education may make girls and women more vulnerable to persistent poverty when their spouses die, abandon or divorce them.[20]
In South Sudan, Anyier D., 18, told Human Rights Watch that her uncles forced her to leave school at age 14 in 2008 to marry an old man she did not know. She said: “I would wish to return to school even if I have children. People think that I am happy but I am not because I don’t have an education. I don’t have something of my own and I am only cleaning offices. If I had gone to secondary school, I would get a good job.”[21]
I faced a lot of abuse in my marriage. My husband had an affair. He would beat me when he returned home. Whenever he was drunk, he would beat me for no reason. Every time he beat me, I would pack my clothes and go to my grandmother’s house but she did not help me. When I talked to my husband’s relatives, they used to tell me that that is how marriage life is and I should go back to my husband.[22]
—Chanika B., married when she was 15, Mangochi district, Malawi, September 2013
Child marriage exposes girls and young women to violence, including marital rape, sexual and domestic violence, and emotional abuse. Rose M., a mother of two, was married when she was 16. She told us: “I experienced a lot of problems in my marriage. We had no food or clothes. We washed our clothes with leaves. My husband beat me at least twice a week and he used to force me to have sex with him. Also, I was not allowed to go out of the home.”[23]
While not all child marriages are marked by domestic violence, the risks increase when there are large gaps in age between a girl and her husband.[24] Many countries fail to criminalize marital rape, and even when it is a crime, child brides have little ability to seek help. Married girls and young women between the ages of 15 and 19 with low levels of education are at a much greater risk of domestic and sexual violence from their spouses than older and more educated women.[25]
Rose was married when she was 16 and now has two children. Her husband would beat her often and force her to have sex with him. Rose said she contemplated suicide in order to escape the marriage. Moshi, Tanzania. August 6, 2014.
A study across seven countries found that girls who married before the age of 15 were more likely to experience spousal abuse than women who married after 25.[26] Limited information about their rights, lack of access to services—especially legal assistance; discriminatory divorce, inheritance, and custody laws; and rejection from their own families—can leave many trapped in abusive marriages with no means of escape. A lack of understanding and access to information on healthy relationships, reproduction, and sexual intercourse among both boys and girls contributes to abusive relationships.
Lack of shelters is a key obstacle to effectively responding to child marriages. Many governments lack shelters or safe spaces where girls can seek protection and help when at risk of child marriage, or when they run away from them.
While the harms caused by child marriage are grim, the benefits of ending the practice are transformative and far-reaching. Tackling child marriage is a strategic way to advance women’s rights and empowerment in several areas, ranging from health, education, work, freedom from violence, and participation in public life.
Sister Felicita Humwara, the head of history and religious studies at Juba Day Secondary School, offers support and encouragement to young mothers who have returned to school after having children. Juba, Central Equatoria State, February 2013.
In order to do so, it is essential that all relevant stakeholders—including community and religious leaders; school teachers and administrators; health care workers; police, prosecutors, and the judiciary; government officials; media; parents, and of course, girls and boys—understand and commit to their role in ending child marriage.
The absence of comprehensive national strategies on child marriage and poor coordination among government ministries and agencies undermines the effectiveness of government efforts. Without clear guidelines on how authorities should handle cases of child marriage, government responses remain fragmented.
For example, in Malawi, various government entities, officially coordinated by the Ministry of Gender, Children and Community Development, are mandated to tackle violence against women, including child marriages. The Ministry of Justice is responsible for the prosecutors, the Ministry of Gender, Children and Community Development for child protection workers, and the Ministry of Interior for the police. However, there is little communication or formal referrals on specific cases among these entities.
Children watch a video at an outreach event held by Agape AIDS Control Program, a nongovernmental organization working to end child marriage. Shinyanga, Tanzania. August 4, 2014.
Similarly, the AU has launched disparate campaigns and initiatives that address child marriage but has not coordinated them, for example, the Campaign for Accelerated Reduction of Maternal Mortality (CARMMA), the African Women’s Decade, and the African Youth Decade Plan of Action.
Effective solutions require coordination by multiple actors and must put girls’ empowerment and voice at their center. Regional and international institutions, governments, and civil society groups should work together to ensure that the SDG target of ending child marriage by 2030 is achieved.
[1] Human Rights Watch interview with Elina V., Mangochi district, Malawi, September 21, 2013.
[2] African Union, “The Republic of Zimbabwe Launches AU Campaign to End Child Marriage in Africa,” August 2, 2015, http://sa.au.int/en/content/republic-zimbabwe-launches-au-campaign-end-c... (accessed November 13, 2015).
[3] UNICEF, Ending Child Marriage: Progress and Prospects, 2014, http://data.unicef.org/corecode/uploads/document6/uploaded_pdfs/corecode... (accessed November 15, 2015). While sub-Saharan Africa has the highest rates of child marriage, due to population size, the largest number of child brides reside in South Asia.
[4] Ibid.
[5] Ibid.
[6] Human Rights Watch interview with Pontinanta J., Yambio County, South Sudan, March 7, 2012.
[7] Human Rights Watch interview with Aguet N., Bor County, South Sudan, March 15, 2012.
[8] Belinda Maswikwa et al., “Minimum Marriage Age Laws and the Prevalence Of Child Marriage and Adolescent Birth: Evidence from Sub-Saharan Africa,” International Perspectives on Sexual and Reproductive Health, (2015) vol. 41(2):58–68, http://www.guttmacher.org/pubs/journals/4105815.pdf (accessed November 13, 2015); Girls Not Brides, “Minimum Age of Marriage in Africa,” Compiled by the African Child Policy Forum (ACPF), 2013, http://www.girlsnotbrides.org/wp-content/uploads/2013/04/Minimum-age-of-... (accessed November 13, 2015).
[9] Tanzania National Bureau of Statistics and ICF Macro, “Tanzania Demographic and Health Survey 2010,” 2010, http://dhsprogram.com/pubs/pdf/FR243/FR243%5B24June2011%5D.pdf (accessed November 10, 2015), p. 27.
[10] Human Rights Watch interview with Happiness Eliufoo, police officer at the Police Gender and Children’s Desk, Hai police station, Moshi, Tanzania, April 2014.
[11] Human Rights Watch interview with Janet G., Mwanza, Tanzania, March 31, 2014.
[12] Human Rights Watch interview with Anita G., Kahama district, Tanzania, April 2, 2014.
[13] Human Rights Watch interview with C.M, midwife in the Johwane Masowe Shonhiwa Apostolic faith sect, Masvingo, Zimbabwe, October 14, 2015.
[14] Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol), art. 6(b); African (Banjul) Charter on Human and Peoples’ Rights (ACHPR), OAU Doc. CAB/LEG/67/3 rev. 5, 21 (1982), art. 18. The Maputo Protocol in article 6 calls on governments to develop laws that establish 18 as the minimum age of marriage. The African Charter in article 18 obligates governments to “ensure the elimination of every discrimination against women and also ensure the protection of the rights of the woman and the child as stipulated in international declarations and conventions.”
[15] Human Rights Watch interview with Aisha S., Kahama, Tanzania, April 2, 2014.
[16] UN Women, “Child Marriages: 39,000 Every Day – More than 140 million girls will marry between 2011 and 2020,” March 7, 2013, http://www.unwomen.org/en/news/stories/2013/3/child-marriages-39000-ever... (accessed November 13, 2015).
[17] World Health Organization (WHO), “WHO Guidelines on Preventing Early Pregnancy and Poor Reproductive Outcomes Among Adolescents in Developing Countries,” 2011, http://whqlibdoc.who.int/publications/2011/9789241502214_eng.pdf (accessed November 10, 2015), p. 2.
[18] Human Rights Watch interview with Gloria C., Yambio County, South Sudan, March 7, 2012.
[19] Human Rights Watch interview with Mary K., Yambio County, South Sudan, March 7, 2012.
[20] UNICEF Innocenti Digest, “Early Marriage Child Spouses,” No. 7, March 2001, http://www.unicef-irc.org/publications/pdf/digest7e.pdf (accessed November 13, 2015), p.12.
[21] Human Rights Watch interview with Anyier D., Bor County, South Sudan, March 15, 2012.
[22] Human Rights Watch interview with Chanika B., Mangochi district, Malawi, September 21, 2013.
[23] Human Rights Watch interview with Rose M., Kahama district, Tanzania, April 2, 2014.
[24] UN Women, “Child Marriages: 39,000 Every Day – More than 140 million girls will marry between 2011 and 2020,” March 7, 2013, http://www.unwomen.org/en/news/stories/2013/3/child-marriages-39000-ever... (accessed November 13, 2015).
[25] WHO, “Multi-country Study on Women’s Health and Domestic Violence against Women: Initial Results on Prevalence, Health Outcomes and Women’s Responses: Summary Report,” 2005, http://www.who.int/gender/violence/who_multicountry_study/summary_report... (accessed November 16, 2015), p. 8. The multi-country study found that in all the countries studied, except Japan and Ethiopia, girls in this age bracket were more vulnerable to physical and sexual abuse by a partner, non-partner, or both, than older women.
[26] Sunita Kishor and Kiersten Johnson, “Profiling Domestic Violence: A Multi-Country Study,” Measure DHS+ ORC Macro, June 2004, http://dhsprogram.com/pubs/pdf/od31/od31.pdf (accessed November 13, 2015), p. 29.
(Nairobi) – Les gouvernements africains devraient coordonner leur action pour améliorer les lois, l'éducation, les soins de santé et la sensibilisation du public afin de mettre fin au fléau des mariages d'enfants, a déclaré Human Rights Watch aujourd'hui à l’occasion de la Journée internationale des droits humains, le 10 décembre 2015. Quarante pour cent des filles en Afrique subsaharienne se marient avant l'âge de 18 ans, et les pays africains représentent 15 des 20 pays ayant les taux de mariage d’enfants les plus élevés.
Un nouveau rapport de 20 pages publié par Human Rights Watch, et intitulé « Ending Child Marriage in Africa: Opening the Door for Girls’ Education, Health, and Freedom from Violence » (« Mettre fin aux mariages d’enfants en Afrique : Ouvrir la porte aux filles pour l'éducation, la santé et la liberté de toute violence ») montre combien le mariage des enfants a des conséquences désastreuses tout au long de la vie des jeunes filles, limitant souvent et de manière importante leur capacité à jouir d’un large éventail de droits humains. Le mariage précoce met souvent fin à l'éducation d'une fille, l’expose à des risques de violence domestique et sexuelle, augmente les graves risques de santé ainsi que de décès, en raison de grossesses précoces et du VIH, et l’enferme dans la pauvreté.
Une jeune fille sud-soudanaise, non mariée, photographiée en février 2013 devant un troupeau dans un champ près de Bor, la capitale de l'État de Jonglei. Le bétail revêt une grande importance sociale, économique et culturelle pour les éleveurs de diverses ethnies au Soudan du Sud. L'utilisaton de vaches pour payer des dots est un facteur essentiel qui contribue à perpétuer la pratique du mariage d'enfants.
« Les chefs de gouvernement à travers l'Afrique tiennent souvent un beau discours concernant le mariage des enfants, mais sans pour autant générer un engagement politique, des ressources et de l'aide sur le terrain qui pourraient mettre fin à cette pratique néfaste», a déclaré Agnes Odhiambo, chercheuse senior spécialiste de l’Afrique au sein de la division Droits des femmes à Human Rights Watch.
Le Fonds des Nations Unies pour l'enfance (UNICEF) estime que sans progrès pour empêcher le mariage des enfants, le nombre de filles mariées pendant leur enfance en Afrique passera de 125 à 310 millions d’ici 2050. En septembre 2015, les dirigeants africains se sont joints à d'autres gouvernements afin d’adopter les Objectifs de développement durable de l'ONU (ODD), qui comprennent un objectif pour mettre fin au mariage d’enfants dans les quinze prochaines années. Les traités sur les droits humains de l'Afrique concernant les droits des femmes et des enfants, adoptés par les États africains, déclarent explicitement que l'âge minimum du mariage devrait être de 18 ans.
Les 26 et 27 novembre derniers, l'Union africaine a tenu le premier Sommet des Filles Africaines sur l’élimination du mariage des enfants afin de mettre en évidence les effets dévastateurs du mariage des enfants, appeler à des réformes juridiques et partager des informations sur les bonnes pratiques. D’autres initiatives à l'échelle du continent africain, notamment la campagne pour mettre fin aux mariages d'enfants, lancée en 2014, ainsi que la nomination d'un rapporteur spécial de l'Union africaine sur le mariage des enfants et d'un ambassadeur de bonne volonté pour la campagne de l'Union africaine pour mettre fin au mariage des enfants, sont toutes des étapes dans la bonne direction, mais pourraient être plus efficaces s’il y avait une meilleure coordination, a déclaré Human Rights Watch.
Les recherches de Human Rights Watch au Malawi, au Soudan du Sud, en Tanzanie et au Zimbabwe ont montré que l'absence de stratégies nationales complètes sur le mariage des enfants ainsi qu’une mauvaise coordination entre les ministères et les organismes gouvernementaux, sapent l'efficacité des efforts faits par les gouvernements.
« Il n'y a pas de solution unique pour mettre fin au mariage des enfants », a déclaré Agnes Odhiambo. « Les gouvernements africains devraient s’engager à provoquer un changement radical qui comprenne une réforme du système juridique, l'accès à une éducation de qualité ainsi que des informations et des services relatifs à la santé sexuelle et reproductive. »
De nombreux facteurs contribuent au mariage des enfants. La pauvreté est souvent citée par les membres des familles qui peuvent considérer le fait de marier leur fille de manière prématurée comme un moyen de survie économique, avec un enfant de moins à nourrir ou à éduquer.
Beaucoup de pays africains ont des systèmes juridiques multiples, dans lesquels les lois civiles, coutumières et religieuses se chevauchent et dans de nombreux cas, se contredisent. Les croyances traditionnelles sur les rôles attribués à chaque sexe et concernant la subordination des filles et des femmes sous-tendent de nombreuses pratiques coutumières, comme le versement d’une dot ou d’une somme d’argent, qui perpétue la pratique du mariage des enfants.
Au moins vingt pays africains permettent aux filles de se marier avant l'âge de 18 ans, par le biais de leurs lois sur l'âge minimum ou bien d’exceptions pour le consentement des parents ou pour l'approbation d’un juge. Une faible application des lois s’est traduite par un impact limité même dans les pays qui ont établi l'âge minimum du mariage à 18 ans pour les garçons comme pour les filles. Il arrive que les policiers ne reçoivent pas de formation adéquate sur le traitement de ces cas, qu’ils ne considèrent pas que le fait d’empêcher les mariages d'enfants fasse partie de leur travail, ou bien qu’ils s’en remettent aux souhaits des parents.
Le faible accès à l'éducation peut également contribuer au mariage des enfants. Lorsque les écoles sont trop chères ou trop éloignées, ou bien quand l’éducation offerte est de mauvaise qualité, un grand nombre de familles peuvent retirer leurs filles du système éducatif, les exposant ainsi à un plus grand risque de se retrouver mariées. Des infrastructures d'approvisionnement en eau et des installations sanitaires insuffisantes peuvent dissuader les filles d'aller à l'école, surtout une fois qu'elles commencent à avoir leurs règles.
« Les gouvernements devraient fixer l'âge minimum du mariage à 18 ans et s’assurer que cette règle soit entièrement respectée, notamment au moyen de la formation des policiers et des fonctionnaires qui émettent des certificats de mariage », a déclaré Agnes Odhiambo. « Étant donné que les représentants du gouvernement ne peuvent pas à eux seuls changer les choses, ils devraient travailler avec les dirigeants religieux et communautaires qui jouent un rôle influent dans l'élaboration de normes sociales et culturelles. »
Les grossesses des adolescentes en dehors du mariage, ou la crainte que les adolescentes puissent tomber enceintes, contribuent également à augmenter le nombre de mariages d’enfants. L'accès limité aux informations et aux services de santé reproductive pour les adolescentes célibataires et mariées concourt à cette situation.
Les complications résultant de la grossesse et de l'accouchement constituent la deuxième cause principale de décès dans le monde chez les filles âgées de 15 à 19 ans. Le stress de l’accouchement dans d’autres cas peut causer des fistules obstétricales, une déchirure entre le vagin et le rectum d'une fille qui se traduit par des fuites urinaires et de matières fécales constantes. Les filles souffrant de cette pathologie sont souvent ostracisées par leurs familles et leurs communautés. Le mariage des enfants expose les filles et les jeunes femmes à des violences, notamment au viol conjugal, à la violence sexuelle et domestique ainsi qu’à la violence psychologique.
« Les filles et les garçons ont besoin d'informations sur leurs corps, la grossesse, la planification familiale et les relations saines», a conclu Agnes Odhiambo. « La sexualité des adolescents est souvent un sujet tabou, mais doter les jeunes d’informations et d'accès aux services est essentiel pour la lutte contre le mariage des enfants et la violence de genre. »
Témoignages tirés du rapport de Human Rights Watch :
« J’ai été confrontée à beaucoup de problèmes dans le cadre de mon mariage. J’étais jeune et je ne savais pas comment être une épouse. J’étais enceinte, je devais m'occuper de mon mari, faire le ménage, faire face à la belle-famille et travailler dans la ferme. Mon pire moment a été quand j’étais enceinte ; je devais faire tout cela et faire face à une grossesse alors que je n'étais moi-même qu’une enfant. »
– Elina V., 19 ans, mariée à l’âge de 15 ans avec un homme de 24 ans ; Malawi, district de Mangochi ; septembre 2013
« Cet homme est allé chez mes oncles et a payé une dot de 80 vaches. J’ai résisté au mariage. Ils m’ont menacée. Ils m’ont dit : ‘Si tu veux que tes frères et sœurs soient pris en charge, tu épouseras cet homme.’ J’ai répondu qu'il était trop vieux pour moi. Ils ont dit : ‘Tu vas épouser ce vieil homme que tu le veuilles ou non parce qu'il nous a donné de quoi manger.’»
– Aguet N., mariée à l’âge de 15 ans avec un homme de 75 ans ; Soudan du Sud
« J’ai eu des complications pendant l'accouchement. Je ne pouvais pas pousser et j’étais faible, sans énergie. Les infirmières ont dit que j’avais des complications parce que mon corps n'était pas pleinement développé. Pour faire sortir le bébé, les infirmières ont enfoncé leurs mains à l'intérieur de mon corps et extrait le bébé. J’ai eu tellement mal que je n’ai pas pu marcher pendant tout un mois après l'accouchement. »
– Aisha S., mariée à l’âge de 17 ans ; Kahama, Tanzanie ; avril 2014
« Après moi, il a pris deux autres épouses. Ses autres femmes ne voulaient pas de moi – elles m’ont chassée mais quand j’ai essayé de revenir dans ma famille, ma tante et ma mère m’ont également rejetée en disant qu'elles avaient déjà accepté sa lobola (dot). Il me battait et me criait dessus. Il a refusé de me laisser continuer mes études. Après deux ans de mariage, la vie était tellement difficile pour moi que j’ai essayé de me tuer en buvant de la mort-aux-rats. J’ai passé une semaine à l'hôpital, après quoi ma famille m'a finalement reprise. Le mariage d’enfants m’a ruiné la vie. Maintenant, je ne travaille pas et je ne peux pas trouver un emploi parce que j’ai arrêté d’aller à l'école. »
– Confidence S., 2
