Addressing Child Marriages in Lesotho: Analysis, Frameworks, and Laws
This report delves into the issue of child marriages in Lesotho, covering situation analysis, key facts, normative frameworks, and laws in the country. It addresses the minimum legal age of consent to marriage, societal attitudes, and relevant international treaties. The current situation in Lesotho, where the age of consent for girls is 16, is discussed along with efforts to amend existing laws to combat forced marriages. Various frameworks such as SDGs, CEDAW, ICPD, and SADC Protocol highlight the need to eliminate harmful practices like child marriages.
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Presentation Transcript
Lesotho Alliance Child Marriages 2021-2022
What this will cover Situation analysis SWOT Key actors Key targets Objectives Messages Action plan short term Action plan long term
Situation analysis KEY FACTS Lesotho Early child marriages AGE SOURCE Minimum legal age of consent to marriage for women Minimum legal age of consent to marriage for men Exceptions for women 16 18 Possible no age Possible no age 16 Exceptions for men Percentage young women married by age 18 Percentage young women married by age 15 Attitudes Survey % That Agree or Strongly Agree - Families should spend less money on the education of daughters as on the education of sons 1 6
Normative frameworks SDGs 5.3: Eliminate all harmful practices, such as child, early, and forced marriage and female genital mutilation. CEDAWArticle 16(b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent; Article 16 (2) The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory. ICPD 6.11: Countries should create a socio-economic environment conducive to the elimination of all child marriages and other unions as a matter of urgency and should discourage early marriage. Maputo Protocol Article 6(a) no marriage shall take place without the free and full consent of both parties; Article 6(b) the minimum age of marriage for women shall be 18 years. SADC Protocol Article 8.2a: No person under the age of 18 shall marry.
LAWS IN THE COUNTRY There are three laws that are referred to in cases of child marriages; Laws of Lerotholi Marriage Act CPWA There is no stand alone Model Law on Child Marriages in Lesotho There are only a few sections incorporated into the amendment of the CPWA that address the age of marriage.
Current situation Most SADC countries have set the age of consent to marriage at 18. Lesotho is one of six countries that have lower ages of consent to marriage for girls(16), boys(18), or both. Amendment of the CPWA is meant to correct the problem. Forced Marriage between an under age girl who falls pregnant and the boy who impregnated her (age mates).
SWOT THREATS WEAKNESSES OPPORTUNITIES Limited Ethnicity dynamics No internal bench mark on practices. All our practices are adopted from other nations. Easily exploited. Lesotho is a SADC member state Basotho are adaptable to change. In the absence of positive messaging we are susceptible to adapt to negative social behaviours. Can easily be diluted by other ethnic group, religion. Availability of laws such as SADC model law on child marriages Good Legal/ legislative bases Too many laws that don t speak to each other. Needs harmonization s. Signatory to regional and international frameworks
Key actors (partners) WLSA FIDA LANFE MoSD Help: Lesotho LANFOD MGYSR GL UNICEF UNFPA She-Hive Men-Engage Khotla Lesotho MoLG Chieftainship affairs Churches Communities General terms should used
Key targets/ messages MESSAGES Parents Parents should let their children decide/giving children a voice and a choice Community Leaders /Traditional Leaders Change of traditional norms Enforce the laws and prevent incidents of child marriages Church/ religious Leaders Celibacy (They should preach and condemn child marriage) Teachers Children Say no to child marriage and report(Voice it out). Men #Esengkabanabarona Adolescent and Young People #childmarriageisnotourfuture LGBTI,Q Don t force us into early marriage because I am different.
Objectives Eliminate Child marriage incidences. Capacitate service provides to deal effectively with incidences of child marriage. Harmonize Laws relating child Marriages. To engage community and families to be agents of change.
Action plan short term ACTION WHO WHEN (0-6months) Advocacy Local Authorities, Community Based Organisations, Churches, Influencers Immediately Training capacity building of service providers. (Sensitization) Non State Actors, Government Immediately Sensitize and capacitate affected parties. Adolescent, Parents, Community Immediately
Action plan long term ACTION WHO WHEN Review of laws MGYSR, MoSD, LMPS, CSOs, Community Members, Non State Actors, Local Authorities, Parliament (Passing of Laws Annual (on-going) Implementation Law enforcement agencies, Local Authorities, Non state actors Annual (on-going) Enforcement MGYSR, MoSD, LMPS, Judiciary, CSOs, Community Members, Non State Actors, Local Authorities Annual (on-going)
