By Farai Marapira
Zimbabwean citizens and other international organizations like UNICEF Have welcomed the Statutory Instrument No. 2 of 2024 promulgated by His Excellency, President, Dr Emmerson Mnangagwa invoking his powers under the Presidential Powers (Temporary Measures) Act making it a criminal offence for anyone to initiate, have any sexual or indecent relations with anyone under the age of 18 years.
According to the United Nations Children's Fund (UNICEF, 2023), an estimated 15 million girls worldwide are subjected to early marriage every year, often resulting in significant physical, emotional, and psychological harm. Shockingly, Zimbabwe is not exempt from this crisis, as recent data by the Zimbabwe National Statistics Agency reveals that nearly 33% of girls are forced into marriage before turning 18. These alarming statistics required urgent intervention to protect our most vulnerable citizens and ensure their rights to a safe and prosperous future are guaranteed as have been the critical policy position for the ruling party ZANU PF and the Second Republic.
Empirical evidence has proven that proactive legal measures are a crucial part of combating child exploitation and protecting children's rights globally. Recognizing this, numerous countries have implemented legislation similar to the recently passed Statutory Instrument 2 of 2024 by the Zimbabwean government. In Zimbabwe, the 2013 Constitution includes several provisions that relate to the protection of children's rights. These provisions serve as a guide for policymakers and lawmakers when enacting legislation to address issues such as sexual offences against children. Some key provisions of the Zimbabwean Constitution that may be relevant in this context include; Section 19 which ‘affirms the right to personal security, which includes protection from all forms of violence, including sexual violence, Section 20 which guarantees the right to human dignity, emphasizing the importance of protecting individuals, especially children, from degrading treatment or abuse and Section 81 which specifically addresses the rights of children and emphasizes the importance of protecting children from economic and sexual exploitation, abuse, and any form of violence or maltreatment.
International best practices endorse this approach as an effective means of safeguarding children from the horrors of early marriage, protecting their physical and mental well-being, and empowering them to fulfil their educational, career, and personal potential and Zimbabwe’s intervention through the wisdom of His Excellency, Dr Mnangagwa is a clear indicator of how we value fundamental and inalienable human rights in relation to treaties we are part of.
International human rights instruments play a crucial role in addressing and preventing child abuse and child marriages. These instruments provide a framework of rights and protections for children, aiming to safeguard their well-being and ensure their healthy development. Several specific articles within these instruments explicitly forbid child abuse and child marriages. These provisions have had a significant impact on the development of legislation worldwide, such as the recently enacted law in Zimbabwe.
One of the key international instruments that address child abuse and child marriages is the United Nations Convention on the Rights of the Child (UNCRC). Article 19 of the UNCRC emphasizes the right of children to be protected from all forms of physical or mental violence, including abuse and neglect. It requires States Parties to take necessary legislative, administrative, social, and educational measures to protect children from such harm. Regarding child marriages, Article 16(2) states that the minimum age of marriage should be 18 years, and parties should ensure that there is no discrepancy between minimum age requirements for marriage for boys and girls.
Furthermore, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), though not solely focused on children, has provisions that address the issue of child marriages. Article 16(2) of CEDAW states that the betrothal and marriage of a child shall have no legal effect. It emphasizes the importance of enacting legislation to establish a minimum age for marriage and implementing measures to eliminate child marriages.
The newly legislated law in Zimbabwe, which criminalizes sexual activities with children under the age of 18, is in line with these international human rights instruments. By setting the age of consent at 18, the law aligns with the UNCRC and CEDAW provisions that aim to protect children from sexual abuse and exploitation. It reflects the commitment of the Zimbabwean government to prevent child sexual abuse and promote the rights and well-being of children. This legislation serves as an important step towards eradicating child abuse and child marriages in Zimbabwe, supporting the international human rights standards set forth in the UNCRC and CEDAW.
The instrument constitutes a pivotal moment in Zimbabwe's commitment to combating child exploitation. This landmark legislation reflects the government's determined efforts to eradicate the abhorrent practices that have marred our society for far too long. By setting a clear legal precedent, this instrument sends a powerful signal that exploiting our children will not be tolerated.
The Act serves as a powerful deterrent for potential offenders, instilling the fear of prosecution and severe consequences for those who would prey upon our vulnerable youth. It establishes an environment where offenders are held accountable for their actions, ensuring justice for survivors, and strengthening the foundation of a society that values the safety and welfare of its children above all else.
To address this deeply rooted societal issue, the Government of Zimbabwe has adopted a holistic approach. In doing this, the Second Republic as a precursor to resolutions of the Zanu PF National People’s Conferences has prioritized comprehensive sexual education campaigns, promoting gender equality, and engage communities, religious leaders, traditional leaders, and civil society organizations in discussions aimed at breaking the cycle of child exploitation. By doing so, Zimbabwe can build a society where every child is safe from harm, and their rights are protected.
In supposition, Zimbabwe's recently passed statutory instrument marks a vital step in the battle against child exploitation and early marriages. By aligning ourselves with international best practices, we demonstrate our commitment to creating a future where children can grow, thrive, and contribute to the progress of our nation.
Farai Muroiwa Marapira is the ZANU PF Director for Information & Publicity