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La vision de PGA est de contribuer à la création d'un ordre international fondé sur le respect des règles pour un monde plus équitable, sûr, durable et démocratique.

Inspiring Parliamentarians: Case Studies to Advance Policy and Legislation to End Child, Early and Forced Marriage (CEFM)

Bangladesh: Coordinated, multi-stakeholder action is key to success

As a Member of Parliament, I raise my voice against child marriage, inside and outside of Parliament. In my constituency, I am working hard, interacting with local relevant stakeholders to make my area free of CEFM. Our parliamentarians should give top-most priority to saving girls from child marriage, by partnering with other relevant actors to raise awareness on the benefits of education and voting comprehensive national strategies into laws protecting children. I firmly believe that we must win this fight together to eliminate child, early and forced marriage completely. Hon. Fazilatun Nasa Bappy, MP, Bangladesh, PGA Member

Bangladesh has one of the highest child marriage rates in the world with 29% of girls married before age 15 and 2% of girls married before age 11. The root causes of child marriage include poverty, traditional values based on patriarchy, the financial burden of the dowry as it gets higher the older the girl becomes, and fear for the girl’s security.

Hon. Fazilatun Nasa Bappy, MP is actively working in her Parliament’s Standing Committee on Ministry of Women and Children Affairs and with the Subcommittee on Eliminating Child Marriage to push for comprehensive policy and legislation that increases the protections afforded to women and children. As a member of the Parliamentary Caucus on Children’s Right’s, Hon. Fazilatun has raised awareness about the impact of child marriage in hindering development and perpetuating the cycle of poverty. In Parliament, as well as in her constituency, she has encouraged discussions among different stakeholders to reject child marriage as a tradition.

In parallel to her efforts, the Government of Bangladesh has adopted several national policies addressing CEFM holistically, such as creating job opportunities, promoting free education and scholarship programs for girls, and ensuring that local administration offices correctly register births and marriages. Additionally, the government has organized social and cultural activities to strengthen girls’ self-esteem.

As a result of this collaboration between government, parliamentarians, civil society, religious leaders, and national and international organizations, the rate of child marriage has declined significantly in some Upzilas (sub-units of districts) in Bangladesh. This is a good starting point!

Morocco: Collaborating with Civil Society and the Media to bypass regressive legislation on child marriage

We, Members of Parliament, need to utilize the media as an advocacy tool to reach the most remote areas and organize, in partnership with civil society, gender-sensitive capacity-building initiatives in schools. Education is paramount. I believe that if our constituents are made aware of their human rights thanks to the work of civil society and the media, the government will have to treat CEFM as a priority. Hon. Khadija Yamlahi, MP, Morocco, PGA Member

Morocco’s religious and patriarchal values permeate all of society, resulting in 16% of girls marrying before 18 as they are expected to conform to traditional roles of women.

The Family Code (Moudawana) - the law dealing with child marriage - stipulates the legal age of marriage as 18 for girls and boys (article 19). However, in its articles 20 and 21, the Code states that a judge, after hearing the parents or legal tutor of the minor and either a medical expert or a social enquiry, can authorize the marriage in a well-substantiated decision. The decree granting the petition to marry a minor cannot be appealed (article 20). Hon. Khadija Yamlahi, MP described these inconsistencies as nonsense.

In November 2010, the Socialist group introduced a bill to the Chamber of Counsels (Chambre des Conseillers, Second Chamber) to amend articles 20 and 21. In March 2011, the Party of Progress and Socialism (PPS) also presented a draft bill regarding articles 20, 21 and 22 of the Moudawana to ban child marriage. On November 13, 2012, parliamentarians, this time from the Justice and Development Party (Parti de la Justice et du Développement, PJD), introduced a draft bill to the Second Chamber to amend articles 20 and 21 to limit the cases for which a judge can allow the marriage of a minor and stating 16 as the minimum age at which a petition to marry could be granted. After an extensive debate, the Second Chamber arrived to a consensus establishing 16 as the minimum age of marriage.

After the vote on 23 January 2013, the draft bill was introduced to the Chamber of Representatives (Chambre des Representants, First Chamber), where it is still unresolved given that progressive parties are pushing to have 18 as the minimum age of marriage without exceptions. In February 2013, several feminist organizations organized against the draft bills that allow 16 to be the minimum age of marriage. Hon. Yamlahi emphasized that one of the most serious consequences of child marriage, even at 16, is that it prevents girls from completing their secondary education and exposes them to domestic violence as well as to an early divorce.

“Government has to effectively implement articles 32 (legal and social protection of children) and 33 (on its responsibility for effectively protecting children) of the new Constitution as well as article 3 (on the best interest of the child criteria) of the Convention on the Rights of the Child, to which Morocco is a party,” concluded Ms. Yamlahi.

The review process of the Moudawana is often at the center of debate thanks to the tireless efforts of civil society who denounce violations to children’s rights. Hon. El Yamlahi is aware of the many challenges still prevailing in her country, but advises to fight each battle and slowly win terrain in areas where it is possible to advance.

Unofficial Translation of the Family Code, Global Rights, 2005

Article 20 - The Family Affairs Judge in charge of marriage may authorize the marriage of a girl or boy below the legal age of marriage as stipulated in preceding Article 19, in a well-substantiated decision explaining the interest and reasons justifying the marriage, after having heard the parents of the minor who has not yet reached the age of capacity or his/her legal tutor, with the assistance of medical expertise or after having conducted a social enquiry. The decree granting the petition to marry for a minor who has not reached the age of legal capacity for marriage is not open to appeal.

Article 21- The marriage of a minor is contingent on the consent of his/her legal tutor.

The legal tutor’s consent is expressed by signing, along with the minor, the marriage authorization petition and being present during the conclusion of the marriage contract. If the minor’s legal tutor refuses to consent, the Family Affairs Judge rules on the matter.

Article 22 - The two spouses acquire, pursuant to preceding Article 20, the civil capacity to bring suit on matters pertaining to the rights and obligations created by the marriage contract. The court may, upon request from one of the spouses or his/her legal tutor, determine the financial obligations of the husband in question as well as payment methods.

Zimbabwe: Sharing strategies among MPs from different countries inspires action at home

Women in Africa are vocal, we are raising our voice and we are not letting age-old [practices] stand in the way. We have found ways to rediscover the value of women in our traditional cultures and societies, emphasizing the dignity of each person. The future of African women is going to be very exciting, let’s work together to end CEFM and ensure that our girls attain their highest potential. Hon. Jessie Majome, MP, Zimbabwe, PGA Member

Conscious of the crucial role that parliamentarians play as leaders and lawmakers in their communities and in protecting the human rights of all members of society, Hon. Jessie Majome, MP has taken measures to raise awareness about child, early and forced marriage (CEFM) among her colleagues to increase their political will to effectively address this harmful practice.

In Zimbabwe, 31% of girls are married before they reach 18 and 4% of girls are married before 15. Concerned about this reality and committed to change these figures, Hon. Majome participated in two Parliamentary Seminars organized by Parliamentarians for Global Action (PGA) in Accra, Ghana in March 2014 and March 2016, where she exchanged best practices, opportunities and challenges in addressing child marriage with other African parliamentarians. The information and strategies she learned at these seminars, combined with her pledge to take action on her return to Zimbabwe (Statement of Commitment 2014 on Combatting CEFM), prompted Hon. Majome to meet with Mr. Emmerson Mnangagwa, Minister of Justice and Vice-President of Zimbabwe, to elicit his commitment to eliminate the existing discrepancies between statutory and customary provisions and the constitutional ban on child marriage. As a result, she was invited to submit a draft of the required amendments.

In collaboration with civil society partners, such as the Girls Not Brides Consortium, Hon. Majome prepared a Draft Bill on Elimination of Child Marriages from the Zimbabwean statute books. She will soon present the draft Bill to the Vice President and then to Parliament. She established a PGA National Group in the Parliament of Zimbabwe with a Subcommittee on Gender and Population to mobilize her colleagues around CEFM and to influence her government to design a national strategy. Additionally, she mobilized 21 Zimbabwean MPs to sign PGA’s Parliamentary Declaration to End Child Marriage, which placed the number of Zimbabwean MPs’ signatures among the highest in Africa.

On the occasion of International Women’s Day, the Vice-Secretary of PGA’s National Group, Hon. Priscilla Misihairabwi-Mushonga, MP moved a motion seconded by Hon. Majome on the Unlawful Practice of Child Marriage to celebrate the landmark judgment of the Constitutional Court banning child marriage (January 2016). This motion successfully mobilized 70 Zimbabwean male MPs to sign a petition personally disavowing child marriage. Her action encouraged the Vice-President and Minister of Justice of Zimbabwe to amend all marriage laws reflecting the constitutional position.

Despite many remaining challenges, Hon. Majome’s actions have increased political will in Parliament and Cabinet.