Tanzania’s Child Protection Bill: A victory tainted by the 1977 Marriage Act
The minister for Community Development, Gender, Women, and Special Groups, Ms Dorothy Gwajima, tables of the Child Protection Laws (Miscellaneous Amendments) Bill, 2024 in Parliament on August 30, 2024. PHOTO | HAMIS MNIHA
What you need to know:
- This change is a direct response to the growing threat posed by online predators who use the internet to exploit children.
Dar es Salaam. The passage of the Child Protection Laws (Miscellaneous Amendments) Bill, 2024, in Parliament for the upcoming readings, marks a significant milestone in Tanzania’s efforts to safeguard the rights and welfare of children.
However, the debate that followed among the lawmakers on August 30, 2024 revealed a pressing concern: the continued existence of the outdated 1977 Marriage Act, which many believe undermines the very protections the new Bill seeks to strengthen.
The new Child Protection Bill, introduced by the minister for Community Development, Gender, Women, and Special Groups, Ms Dorothy Gwajima, proposes crucial amendments to three key laws: the Cyber Crimes Act, Cap. 443; the Law of the Child Act, Cap. 13; and the Legal Aid Act, Cap. 21.
The Bill aims to close gaps in these laws that have left children vulnerable, particularly in the digital age. One of the most significant amendments is the overhaul of Section 13 of the Cyber Crimes Act, which now includes provisions to combat the sexual exploitation of children through Information and Communication Technology (ICT) tools.
This change is a direct response to the growing threat posed by online predators who use the internet to exploit children.
"The aim of these amendments is to protect children from the increasing incidents of sexual crimes against them through ICT tools used to lure, threaten, or expose them to pornography with the intent of persuading them to engage in sexual activities," said Ms Gwajima during her presentation of the Bill.
Another critical change is the inclusion of a definition for "crimes against humanity" in Section 19, which aligns Tanzania’s legal framework with international standards as outlined in the Rome Statute of the International Criminal Court.
The Bill also introduces a new Section 19A to combat cyber-terrorism, reflecting the government’s commitment to address the evolving threats of the digital era.
Yet, as MPs applauded these advancements, a recurring theme emerged: the glaring omission of amendments to the 1977 Marriage Act.
This Act, which allows girls to be married off as young as 14 with parental consent, is seen by many as a relic that contradicts the very essence of child protection.
Tabora North MP Almas Maige (CCM) was among the voices urging for a comprehensive review of all child-related laws.
"There have been many incidents involving children in recent years, so I suggest that all laws concerning children be reviewed to match the present circumstances," he said.
Mr Maige’s sentiments were echoed by many of his colleagues, who pointed out the contradiction between the new Bill’s protections and the continued existence of the 1977 Marriage Act.
They argued that the latter not only jeopardises the welfare of children, but also hinders Tanzania’s progress toward gender equality and social development.
Special Seats MP Ms Sarome Makamba (Chadema) was particularly vocal about the need to amend the Marriage Act.
She expressed her disappointment that the government had not yet followed through on its promise to bring the Act in line with modern standards.
"The harm caused to these children is great. I thought this law would be brought forward so we could review and amend it to help our children achieve their dreams," she said.
Ms Makamba highlighted the practice of parents marrying off their daughters under the age of 18 as a critical issue that continues to expose young girls to a lifetime of hardship and missed opportunities.
"Without addressing this law, the cycle of sexual abuse and exploitation will persist. We owe it to our children to protect their future," she added.
Special Seats lawmaker Mariam Kisangi (CCM) also supported the call for change, pointing out the increasing number of child abuse cases that make the need for reform more urgent than ever.
"The inclusion of a children's court to address issues affecting children is a significant step forward," she acknowledged, "but we cannot ignore the glaring inconsistencies in our legal framework."
As the dust settles down on the passage of the new Child Protection Bill, the lingering shadow of the 1977 Marriage Act remains a thorny issue on the side of those advocating a safer and more just environment for Tanzania's children.
The Bill’s advancements are commendable, but without addressing the root causes of child exploitation and abuse, particularly those enshrined in outdated laws, the battle for child protection in Tanzania remains only half-won.
The Parliamentary Committee on Social Welfare and Community Development also suggested that all laws related to children's issues be reviewed with the aim of aligning and correlating them with the current environment.
In the end, the voices in Parliament reflect a broader societal dilemma: how to reconcile progress with tradition.
As Tanzania moves forward, the challenge will be to ensure that the laws meant to protect its youngest citizens are not only robust and modern but also consistent across the board.
As Ms Makamba noted; “The passage of the Child Protection Bill is undoubtedly a step in the right direction, but unless the 1977 Marriage Act is revisited and reformed, the full promise of child protection will remain elusive.”
