The Child’s Rights in Tanzania: The Opposition calls on Government to Amend Marriage Laws

Florence Mugarula (The Citizen Reporter)

The government has been asked to prepare and table a bill for the amendment of 1971 and 1963 traditional marriage laws. The proposal was made yesterday by the official opposition camp in parliament and the parliamentary committee for Community Development, Gender and Children.

Both pointed out that the 1971 marriage law (The Law of Marriage Act, No. 5/1971, Cap. 29 of the RE: 2002) which allows girls below 18 years to get married, was contrary to the 2009 Child Act that defines a person below 18 years of age as a child. Presenting the opposition camp's opinion in the House, the deputy shadow minister for Community Development, Gender and Children, Ms Conchester Lwamlaza, said the 1971 marriage law was out-dated and against basic women's rights.

She said the law gave a big opportunity to the society to degrade and suppress girls as well as women in the society.

"It is quite clear that the traditional marriage law of 1963 and the 1971 marriage law are amendments," said Ms Lwamlaza.

For her part, the acting chairperson of the parliamentary committee for community development, gender and children, Ms Asha Omar said the laws were against women's dignity. As such, she suggested, it was high time for the government to make crucial changes to them.

She said the laws were forcing young girls under 18 years to get married and take care of families, but according to the committee this was unfair and unacceptable.

"For more than 40 years now, there have been such oppressive laws which degrade girls and women in general. It is quite clear that girls under 18 are forced to take care of families, which is unfair," lamented Ms Omar. She added that the committee wanted the government to work on the matter if it intends to bring about changes among women and the society as a whole," said Ms Omar.

The 1971 Marriage Act allows a boy aged from 18 years of age to get married and a girl from 15 years of age to get married with parents' or guardians' blessings. However, the 2009 Child Act, recognises a person less than 18 years as a child.

The official opposition camp in parliament said brutal and oppressive actions have continued in the society. It therefore asked the government to take appropriate measures to curb the situation.

Ms Lwamlaza accused the minister for Community Development, Gender Children, Ms Sophia Simba, of abandoning Ms Nasra Mohamed, who was deliberately seriously injured by her husband after they differed on family matters.

According to Ms Lwamlaza, the husband, Mr Elisha Mkumbati, used a vehicle to knock down Ms Mohamed who died a few weeks later.

"The minister concerned visited the victim at the Weill Bugando Hospital in Mwanza and she promised to help her and four children to get their rights. But as we are talking, the woman is dead, the husband is yet to be arrested and no support has been rendered to the children," explained Ms Lwamlaza. She said oppression and brutal actions against women and children have been increasing in the country, a situation which questioned the government's performance and its seriousness in dealing with gender issues.

She said the 2011 UNICEF report on violence against children in Tanzania showed that violence to children below 18 years of age was rising in the country.

It revealed that at least three girls out of ten and one boy out of seven have been reported to have been suppressed and faced violence before turning 18 years of age.

Further, about six per cent of girls have been forced to perform sex before turning 18 years, it said. The opposition camp also asked the government to make a follow-up and take serious legal action against an Arusha-based business man accused of marrying and impregnating an eight- year old girl.

Source: The Citizen (23/07/2012):
http://www.thecitizen.co.tz/news/5-political-news/24292-opposition-calls-on-govt-to-amend-marriage-laws