How contradictory laws are affecting girls’ lives

Tanzania’s Marriage Act of 1971 sets the minimum marriage age for girls at 15 with parental consent, and 18 for boys. It permits the marriage of 14-year-old children when a court is satisfied that special, although unspecified, circumstances exist.

In a landmark 2016 decision, a Tanzanian high court ruled these provisions unconstitutional, and directed the government to raise the legal age of marriage to 18 years for both girls and boys.

This ruling followed a legal challenge by the Msichana Initiative, a local organisation advocating for girls’ right to education. Their petition argued that the Marriage Act violated girls’ fundamental right to equality, dignity, and access to education, and that it contravened Tanzania’s Law of the Child Act.

The government appealed the decision but again, in 2019 the Court of Appeal upheld the 2016 High Court ruling.

After that, there has been what seems to be a delay in the implementation of the decision, thus promptiing girls, among them victims of child marriage to unite in pushing for their right to education.

Although the government has been explaining that the issue is being addressed, the recent statement by the minister for Community Development, Gender, Women and Special Groups, Dorothy Gwajima, indicates that the implementation journey is still long.

“The government has already started looking at the marriage law... I cannot tell when exactly the process will be concluded, but we have launched a collection of opinions to reach a decision that is nationally accepted,” she says.

This comes when three in 10 girls in the country are married before their 18th birthday, according to United Nations estimates. Human Rights Watch has documented the devastating life-long consequences of child marriage for girls, including the increased risk of domestic violence such as marital rape, and how marriage and pregnancy ends their education.

Lovenes Athuman, 19, a student from Tinde Girls High School, in Shinyanga Region, tells Success about her friend who faced such challenges.

“My friend was forced to marry an older man because the man paid a large dowry. Unfortunately, the man had HIV and so my friend was infected too. She also experienced physical and sexual violence. The marriage broke up,” she shares.

Lovenes says the problem continues to cause serious harm to girls and deprive them of important opportunities like education, enjoying their childhood life, as well as sustaining the cycle of poverty in their communities.

“That is why we have decided to stand up and question why the government is delaying the awaited decision… This issue does not require the collection of opinions either because it is already clear,” she says.

According to the 2016 report by Unicef, the average school dropout age for girls in Tanzania is 16, meaning most of them are unable to finalise their secondary education, thus ultimately making them dependent for most, if not the rest of their lives.

Concerned groups say that the girl child is faced with numerous issues which await for the adjustment of the legal framework to make them favour the girl child’s life and academic trajectory.

“I could not continue with my studies because I was forced to marry at a young age,” a teenage mother from Bariadi tells Success.

Worse, some parents have reportedly been forcing their daughters to answer wrongly in their Primary School Leaving Examination (PSLE) so they can be married off instead.

“When my parents found out that they could not marry me off while I was in school, they were on my neck asking me not to answer the national exam correctly in 2020. I was young so I believed them at that time,” Zainabu Masanja, 18, shares her ordeal.

Zainabu, who had to repeat standard seven, initially did not know what her parents’ goal was until she started witnessing constant sessions for her marriage at home.

“I was shocked! I ran away and was saved by a Good Samaritan,” she notes.

This year, she managed to sit for the PSLE exam. “I decided to settle somewhere else and luckily, I have done my exam which I’m sure I will pass,” she says, adding that there are many girls where she comes from who drop out of school due to parents’ threats.

This shows that the problem affects girls who are out of school more because the law does not protect them compared to those in the school system.

Over 100 girls attended the girls forum on October 11, 2022 when the world celebrated the International Day of the Girl Child, themed; “Celebrating 10 years of Advancing Girls’ Rights: Addressing Legal Frameworks which Hinder Girls’ Access to Education”.

Girls’ rights defender’s take

The Tanzania Education Network (Tenmet) says the community should prioritise education for all children, and do away with setbacks that hold girls back.

“It is absurd that there are communities in Tanzania that still practice outdated traditions that suppress the right of the girl child to get an education,” exudes Tenmet’s national Coordinator, Mr Ochola Wayoga.

Mr Wayoga emphasises on education for the girl child as an important resource for their development in growth, participation in social activities and development.

“We are joining the international community to reflect on the step reached in ensuring there is sufficient investment and understanding that increases the right of the girl child to get quality education,” he notes.

Mr Wayoga calls on all stakeholders and governments to evaluate how the political and legal environment has enabled girls to enjoy access to quality and inclusive education.

“We ask all stakeholders to re-evaluate in the past ten years how girls have had opportunities to participate in leadership, decision-making positions and have their voices heard in every decision that affects their lives,” he says.

He observes that since the outbreak of Covid-19, girls around the world have been facing various challenges including dropping out of school, physical abuse, pregnancy and early marriage.

This has also been stated by Unicef, that girls around the world continue to face challenges in education and the well-being of their bodies and minds.

Miriam Mbosi, a girl-child advocate based in Dar es Salaam says the delay in amending the law shows how the government has forced the court to do what it’s not ready to do.

“It is surprising to see again the processes of gathering opinions being launched when there is already evidence of how the law is oppressive and contradicts the Child Act,” she says.

She continues to explain that the voices of the victims should have made the parliament make appropriate decisions rather than wait for people’s opinions.

“If people’s opinions show that the people want the Marriage Act of 1971 to remain as it is, does it mean that the girl child will continue to be denied her right to education?” She queries.

Msichana Initiative, Tai Tanzania, C-Sema, Flaviana Matata Foundation, and Girl Effect organised the Girl Agenda Forum held in Dar es Salaam for two days bringing together government officials, girls’ rights stakeholders and over 100 young girls from different backgrounds to steer the agenda.

The aim for this year’s get together was to celebrate and amplify the voice of the girl child as well as put them at the centre of the discussion.