Article 5 of the Maputo Protocol and Ten Years of a New Constitutional Order: An Assessment of Child Marriages in Zimbabwe

Abstract

Article 5 of Maputo Protocol sets a concrete yardstick for effective eradication of child marriage in Zimbabwe, and the rest of Africa. Despite several attempts to implement Article 5 of the Maputo Protocol, child marriage remains a clear infringement of human rights of girls. In 2013, Zimbabwe enacted a new Constitution with a comprehensive Declaration of Rights that guarantees the rights of women and girls was enacted. Further in May 2022, the government of Zimbabwe promulgated Marriages Act (Chapter 5.15) to harmonise various types of marriages and criminalise child marriage. This paper explores the potential efficiency of this Marriages Act in curbing child marriages in Zimbabwe to fulfil the spirit of the Maputo Protocol. It discusses the adequacy of this law to curb child marriage as a way to give effect to Article 5 of the Maputo Protocol in face of other non-legal drivers of child marriage in Zimbabwe. It has been observed that although there is a myriad of harmful practices against girls and women still existing in Zimbabwe, child marriage is among the most significant harmful practices which have thrived against a background of legal lacuna and misalignment of laws as well as cultural and religious value systems existing in Zimbabwe. The paper argues that efforts to eradicate child marriage should be predicated on solid legal framework and advocacy efforts targeting underlying cultural, religious, and socio-political factors contributing to the scourge of child marriages. The paper recommends adequate administrative and technical support and strategies that give full effect to the implementation of the recently enacted Marriages Act.