Johannesburg — Closing the chapter on child marriages is still a distant ambition in the Southern African Development Community (SADC) region, and despite great strides at developing and passing legislation to eradicate it, existing and emerging drivers are still at play, making youngsters vulnerable to the practice.
These were key messages from Equality Now at the Standing Committee Session of the SADC Parliamentary Forum (SADC-PF) held in Kempton Park, South Africa, from October 24 to November 1, with the theme of Enhancing the Role of Parliamentarians in Advocating for the Signing, Ratification, Accession, Domestication, and Implementation of SADC Protocols.
Equality Now, in partnership with SADC-PF, launched two policy briefs–Protection measures for children already in marriage in Eastern and Southern Africa and Addressing emerging drivers of child marriages in Eastern and Southern Africa–for Parliamentarians’ consideration during a session aimed at sensitizing and increasing their knowledge on child marriage legislation and trends.
SADC countries adopted the Model Law on Eradicating Child Marriage and Protecting Children in Marriage in 2016; however, its domestication is uneven, children already in marriages need protection, and emergent drivers of child marriage need to be factored into the legal frameworks and policies.
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Equality Now’s Divya Srinivasan addresses the Standing Committee of the SADC Parliamentary Forum (SADC PF). Credit: Equality Now
Equality Now’s Divya Srinivasan elaborated on the context of the domestication of the SADC model law on child marriage, noting that seven out of 16 countries (or about 45 percent) set the minimum age of 18 without exceptions. Five out of the 16 SADC countries set the age of 18 with some exceptions, with, for example, Botswana specifically excluding customary and religious marriages from the protection.
“Four countries, or around 25 percent, including Eswatini, Lesotho, South Africa, and Tanzania, provide for the minimum age of between 15 and 18. In these countries, the minimum age of marriage is different for boys and girls, with boys invariably having a higher age limit. In addition to these differences, all four countries allow for traditional and parental consent to lower the age of marriage,” Srinivasan noted.
Bevis Kapaso from Plan International said that since 2016, child marriage has dropped by 5 percentage points, going from 40 percent of all marriages to 35 percent in 2025, making it unlikely that the region will achieve SDG target 5.3, which aims to “eliminate all harmful practices, such as child marriage, early and forced marriage, and female genital mutilation” by 2030.
Most concerning was that the decrease was mainly urban, with the practice remaining fairly entrenched in rural areas.
This meant that children in marriages should be protected, and parliamentarians sensitized the drivers that were halting progress toward ending the practice.
Lawmakers should strive to ensure that married children have the right to void their marriages, retain their rights, access the property acquired during marriage, and not have their citizenship revoked, said Nkatha Murungi, an Equality Now Consultant.
“Children (in these circumstances) often end up stateless,” she said. While child marriage was a “symptom and a driver of entrenched inequality, poverty, and rights violations,” parliamentarians had a role to play in ensuring immediate, targeted measures to protect and empower children already in marriage, including the right to custody of their offspring and access to sexual and reproductive services.
Murungi suggested that lawmakers should also become aware of emerging issues, such as climate change. She said that after the 2019 floods in Malawi, which affected more than 868,900 people and displaced 86,980 individuals, child marriage spiked. Parliamentarians, according to Equality Now, should integrate child marriage prevention into national climate change adaptation and disaster risk management strategies.
It also suggested a gender-sensitive approach to economic empowerment by “supporting climate-resilient economic opportunities and programs for women and girls in affected communities.”
Other concerning emergent and persistent drivers include conflict and insecurity and increased migration and displacement, which often remove children from protective oversight while persistent poverty and inequality drive children into marriage.
The policy brief also warned about the rapid growth of technology, which, “while enabling advocacy and awareness, also facilitates misinformation that normalizes harmful practices, including child marriage.”
Sylvia Elizabeth Lucas, a South African parliamentarian and Vice President of the SADC parliamentary forum, on the sidelines of the meeting, stated that protecting children is non-negotiable; she emphasized that practical legislation and implementation, guided by the “spirit of ubuntu” (compassion and humanity), can effectively protect girl children.
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On the sidelines of the meeting, Murungi elaborated that it was important to look at why the traditional approaches were not resulting in the ending of child marriages. Poverty has always been considered a driver, but traditional efforts to end child marriage have not benefited those living in poverty. Education was key to empowerment, not only for keeping children in school and out of marriage but also for giving them options for their futures.
The forum was reminded that it was imperative that the SADC Model Law be updated in their countries to reflect some of these emerging drivers.
“It is also necessary for Parliament and the Executive at the national level to work together to promote anti-child marriage policies and laws and ensure that targeted policy responses fill all prevailing gaps,” the policy brief on emergent drivers concluded.
IPS UN Bureau Report
