Child Marriage: Africa’s legislative reforms and growing commitments

Amal Clooney, co-founder of the Clooney Foundation for Justice, recently pledged support to Malawi in its campaign to eradicate child marriages.

The commitment aligns with Malawi's ongoing efforts, marked by the implementation of the National Strategy for Ending Child Marriage.

Malawi's Parliament on February 14, 2014, voted to amend the constitution, making marriage before the age of 18 illegal.

The amendment, signed into law by then-President Peter Mutharika, replaced the previous practice that allowed minors aged 15 and above to marry with parental consent.

Perpetrators of such marriages now face a penalty of five years imprisonment and a fine of approximately $145.

The fight against early child marriage has gained momentum across Africa. Gambia's steps under former President Yahya Jammeh draws parallels to Malawi's constitutional ammendement.

The former leader of the West African nation outlawed child marriage in 2016. In a proclamation during a feast marking the end of Ramadan on July 6, 2016, Jammeh said "As from today, child marriage below 18 years is illegal in the Gambia." The practice is now punishable by twenty years imprisonment.

Encouraging progress is also evident in Zimbabwe, where the Constitutional Court ruled against child marriage in 2016.

A new Marriage Act enacted in 2022 prohibits marriage for those under 18 in all cases and imposes up to five years imprisonment for offenders. This aligns with a broader trend in Southern Africa, where six out of 16 countries, including Malawi, DRC, Mauritius, Mozambique, Seychelles, and Zimbabwe have set 18 as the minimum age of marriage for both boys and girls without exceptions.

Angola, Botswana, Comoros, Madagascar, and Namibia are among the African countries to have also set the minimum age as 18. However, they allow exceptions in cases of customary and religious marriages, as well as marriages with consent from judicial or other government officials.

The Tanzanian government also announced that men who impregnate or marry school girls will face 30 years in prison as part of the government's commitment to fight and prevent child marriage, a provision that was passed by parliament in June 2016.

Transitioning from Tanzania’s resolute action to Malawi's recent commitment, it becomes evident that the fight against child marriage has gained momentum across Africa.