The president of the small West African nation of Sierra Leone signed a law on Tuesday banning marriage for children 18 and under and imposing hefty fines on adult spouses. The move is a victory for campaigners who have long campaigned to eradicate the widespread practice.
Experts say the new legislation goes further than many other similar laws in Africa by penalizing those who facilitate the marriage – such as parents, officiants and even wedding guests – in addition to the husband.
According to a 2020 UNICEF report, approximately 800,000 girls under the age of 18 are married in Sierra Leone, accounting for approximately one-third of the country’s girls. Half are married by the age of 15. According to Human Rights Watch, about 4% of boys are married by the age of 18.
Under the new law, those who were married as children can seek financial compensation. They also have a way out of their marriage: filing for annulment.
Betty Kabari, a researcher at Human Rights Watch who focuses on women’s rights and sexual health in Africa, praised the approach of penalizing those who abet the marriage, saying, “The strongest aspect, to me, is noting that a child does not get married In isolation.”
How common is child marriage?
According to the United Nations, at least 12 million girls under the age of 18 are married every year. More than 650 million girls and women are married as children.
South Asia has the largest number of child brides, about 290 million, accounting for 45% of the total number of child brides in the world. Sub-Saharan Africa follows closely behind, with a population of approximately 127 million, accounting for 20%.
According to a child marriage map maintained by Girls Not Brides, a global organization dedicated to ending child marriage, 16 of the 20 countries with the highest rates of child marriage are in Africa.
A report released this year by Equality Now surveyed 20 countries in Africa and found that only a handful of countries had implemented blanket bans and that many did not fully enforce them.
What problems does getting married at such a young age bring?
Child marriage often causes girls to drop out of school. Pregnancy at a young age can cause long-term damage and trauma.
Sierra Leone has one of the highest death tolls during childbirth, and it is even more dangerous for teenagers.
“They are forced to become adults before they become adults,” said Kadijatu Barrie, 26, a student and project leader of Strong Girls Evolution, a network of women and other groups in Sierra Leone Coordinator.
Ms Barry said her family began pressuring her to marry when she was 10 and she was disowned by her father when she was 15 for refusing. She said she was worried she would have to drop out of school.
“As a result of all this, our women are less educated,” she said.
Many face additional complications from another common cultural practice in the country: female genital mutilation, which the World Health Organization considers a human rights violation. About 61% of girls aged 15 to 19 in Sierra Leone have undergone female genital mutilation, which can lead to severe birth difficulties.
How is the ban implemented in Sierra Leone?
People married with children could be sentenced to 15 years in prison or more than $5,000 under new legislation that takes effect Tuesday. That’s a severe penalty for a country whose per capita gross domestic product will grow by about $433 by 2023, according to the World Bank.
The law doesn’t just apply to marriage. It also prohibits adults from cohabiting and having sexual relations with children.
Parents are also not allowed to consent to their children’s marriage. A moderator cannot host an event. Guests cannot attend the ceremony. In fact, anyone who “aids or abets” a marriage may face 10 years in prison, a fine of approximately $2,500, or both.
The ban is in line with a broader initiative in Sierra Leone to promote girls’ rights by keeping girls in school and protecting them from genital mutilation.
President Julius Maada Bio invested 22% of the state budget in education and brought more women into government. He and his wife Fatima Bio pushed for a ban on child marriage.
“I have always believed that the future of Sierra Leone is female,” Mr. Bio wrote on social media after signing the law with his youngest daughter by his side.
“We want to see Sierra Leone as a leader on the continent who can influence other countries,” said Nerida Nthamburi, head of Africa at Girls Not Brides.
What are the barriers to a ban?
Ms Ntambri said that in other countries, the criminalization of child marriage had driven the practice underground, leading to tighter ties within communities and less protection for girls from the practice.
For the law to have a real impact, Sierra Leone officials must build ongoing relationships with communities, especially in rural areas where child marriage is more common, researchers and experts say.
This means tackling poverty, which can lead families to marry off their daughters as children. It also means increasing sexual and reproductive health education for communities.
Many women and girls still must resist the rejection of marriage by their neighbors, husbands, and family members, petition to end a marriage, or seek compensation.
Ms. Barry was ostracized for rejecting pressure from her family. “They all came together against me,” she said. “I became the worst person in their eyes.”
She said she had tried to prevent her 14-year-old sister from getting married. Her sister has a talent for painting and once wanted to be a fashion designer.
“I couldn’t save her,” Ms. Barry said. “It’s still something I cry about.”
joseph johnson Contributed reporting.
