The presentation of the empirical evidence and analysis is structured around the indicators presented previously. The term early marriage is used to refer to both formal marriages and informal unions in which a girl lives with a partner as if married before age of 18 unicef 2005. There are values and beliefs that have been there for generations and these are rituals that prepare one for a good. According to the 2014 zdhs, child marriage affects more girls than boys child marriage in zambia. Zambia records 28,000 divorces, east tops all zambia daily mail. Of the 42 per cent, 9 per cent are married under 15 years of age. Sep 10, 2015 she further emphasised that as first ladies their agenda was advocacy for a free africa with no child marriages. Divorce cases in zambia have skyrocketed, a trend some marriage experts say is alarming.
Child marriage hotspots in zambia a child marriage hotspot is a district where child marriage is most likely to occur. Customary marriage and the urban local courts in zambia. Chipo nkhatamushota, an independent consultant who also. According to latest statistics from the local court office, zambia recorded 28,101 divorces across the countrys 10 provinces. Data analysis shows that child mar riage is highest in northern province, muchinga, and parts of the copperbelt provinces see figure 2. Senegal, uganda, and zambia to contribute to greater understanding of the. Early marriage is a violation of childrens human rights. The average age of couples seeking divorce was between 20 and 45 years. There is western based education, there are western soap operas on television, there is a western style of clothing, and so on. Zambia like many other countries attaches immense importance to marriage. Customary marriage and the urban local courts in zambia volume 34 issue 1 simon coldham skip to main content accessibility help we use cookies to distinguish you from other users and to provide you with a better experience on our websites. The dual legal system in zambia has allowed child marriages to take place. Once this principle is accepted, courts will have the power to ensure.
Pdf child marriage is still a massive problem in many developing countries. For a consideration of the caselaw that the ordinance has engendered in zambia, see himonga, c. Marriage may thus be seen as a way to provide a male guardian for their daughters, protect them from sexual assault, avoid pregnancy outside marriage, and extend their childbearing years. It is recommended that the main requirement for a valid c ustomary marriage should be the. At present, zambia is ranked 16th amongst countries with the highest rate of child marriage in the world and although the marriage act establishes a legal age for marriage, and the penal code makes sex with a girl under 16 an offence in zambia, these provisions rarely apply in customary law. Modern marriages in todays zambia, especially in urban areas, there is a lot of modern and western influence. The model in this regard that i would suggest is the kenyan model. Africa is home to innumerable tribes, ethnic and social groups, some representing very large populations consisting of millions of people, others are smaller groups of a few thousand. But we are also to blame for allowing vanity and material gain to rule our marital bliss.
Zambia has one of the highest rates of child marriage in the world and it is widely practised across the country unicef, 2015. Zambia and registrars of marriages for any marriage district. Mar 03, 2012 zambia is a country of diverse cultures that have successfully existed side by side in harmony. A harmful traditional practice associated with child marriage and cohabitation. Statutory recognition of customary marriages in zambia. Child, early and forced marriage is a gross human rights violation which puts girls at risk of violence and ill health, denies them the opportunity to fully contribute to their societies and keeps them locked in a state of poverty. There was a huge uproar when kenya consolidated its patchwork of marriage laws into a more responsive integrated legal regime. Nov 07, 2011 there are three types of marriages recognized by law in zambia, these are 1. Zambia s marriage and customary acts should be reformed so as to bring customary marriages within their ambit.
Sad statics,no wonder marriages in zambia are under attack by lucifer and his demons. And the experts have cited unfaithfulness, drunkenness, lack of communication, violence, finances, parental. Current happenings in zambia show that not all i dos end in happy unions. The pressure created on customary marriage in the light of continuous social changes and inter marriages can no longer be ignored. Zambia is a focus country of the unicefunfpa global programme to. Zambian anthropology defines marriage as a union between a man and woman. Many of these aspects contradict traditional ideas. The table shows that zambias population grew at an average annual rate of 2. Zambias marriage and customary acts should be reformed so as to bring customary marriages within their ambit. Among the many hurdles that children face in zambia is child marriage and. With more than 72 ethnic groups with similar religious beliefs and culture zambia has been able to make intermarriage s across tribes and race thrive. The overwhelming majority of child marriages, both formal. Cohabitation, marriage and remarriage patterns in africa. Gender issues are the main cause of breaking up of.
And the experts have cited unfaithfulness, drunkenness, lack of. Credit must go to all the political leaders who have continued the one zambia, one nation policy initiated by dr kenneth kaunda the first zambian president after independence. Preventing and eliminating child, early and forced marriage. Zambia is amongst the 20 hotspots in the world as regards the incidence of child marriage see figure 1. Because the private regulation of di vorce in customary law places women and children at risk, it is recommended that all marriages may be terminated only by decree of a competent court. Baseline report zambia kit royal tropical institute. The common law and zambia 3 it is generally agreed that the process involves a grouping of facts into categories or classes in accordance with their relevance to a particular legal theory deemed appli cable to both cases so that some facts can be retained as significant and others dismissed as inconsequential. The dynamics of customary marriage set up in a country which has more than 73 ethnic groupings is not only fascinating but, is also challenging to regulate.
Statutory marriage under customary law, marriages are contracted according to customs of the contracting parties. In this case a man sends a middle man shibukombe to ask for permission to marry from a chosen family. Urgent need to align all laws that affect children to the constitution it is commendable that the constitutional court has finally outlawed child marriage and struck down section 221 of the marriage act, which for years had allowed children under the age of 18 years to marry. An act to provide for the solemnisation of marriages. Marriage is the first gift that god gave to human beings, the creator blessed it and gave us the power to be pro creators on earth. In zambia, the legal minimum age of marriage is 18, though girls can marry as young as age 16 with parental consent. At present, zambia is ranked 16th amongst countries with the highest rate of child marriage in the world and although the marriage act establishes a legal age for marriage, and the penal code makes sex with a girl under 16 an offence. The overwhelming majority of child marriages, both formal and informal, involve girls under 18 years old, although at times their spouses are also underage.
Zambia ratified the convention on the rights of the child in 1991, which sets a minimum age of marriage of 18, and the convention on the elimination of all forms of discrimination against women cedaw in 1985, which obligates states to ensure free and full consent to marriage. Child marriages are more prevalent in rural than in urban areas. Zambia records 28,000 divorces, east tops all zambia. Despite being prohibited by international law, it continues to rob millions of girls under 18 around the world of their childhood. Zambia hosts the sixth international steering committee meeting on the global programme to accelerate action to end child marriage, 812 july 2019. The new marriage law of 1950 radically changed chinese marriage traditions, enforcing monogamy, equality of men and women, and choice in marriage. Solemnise marriages in zambia registrar means a registrar of marriages appointed under section four and any person lawfully acting as such. There are three types of marriages recognized by law in zambia, these are. Although child marriage has declined by 25% from 41. Early marriage denies girls their right to make vital decisions about their sexual health and wellbeing. Unlike western cultural marriages, in the zambian culture, marriage is not just a bond between two people but two families. A religious viewpoint introduction africa is one continent with several worlds. In zambia there are several premarital ceremonies that are practised between the two families of the man and woman who are to marry.
Zambia 2010 census of population and housing preliminary. For unifpa 2006 early marriage, also known as child. With changes in social and economic trends zambian marriages have also evolved. A petition for divorce may be presented to the court by either party to a marriage on the ground that the. Starting october 2003, it became legal to marry or divorce without authorization from the couples work units. A situation report on child marriages in zambia world. Hence, marriage has accompanied the human story from the very genesis.
Embassy provides the following general information on seeking a divorce in zambia. At provincial level, lusaka had the highest annual population. The term child marriage will be used to refer to both formal marriages and informal unions in which a girl lives with a. Child marriage, the marriage of a person below the age of 18, deprives adolescent girls of their reproductive health rights and impinges upon their opportunity to. Forum on marriage and the rights of women and girls 2001.
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