THE STATE OF EARLY MARRIAGES IN LESOTHO PRESENTATION BY: ADV. LIBAKISO MATLHO DATE: 2ND OCTOBER 2018 VENUE: AVANI LESOTHO

PRESENTATION OUTLINE Introduction Causes of early marriages Consequences of early marriages The legal position of early marriages in Lesotho General Observations Recommendations

INTRODUCTION Early marriage is a formal or informal union entered into before the age of 18. It is a harmful traditional practice that has various negative implications for boys and girls who are married as children. due to the interplay between tradition, socio economic circumstances and religion that is usually present in incidences of child marriage. (Source: The United Nations Convention on the Rights of the Child (UNCRC)

CAUSES OF EARLY MARRIAGES Poverty: due to poverty, low income families are more likely to marry off young girls to acquire ‘bohali’ which is a source of income for them  . Gender inequality (unequal rights, unequal opportunities, and unequal decision making power) Lesotho is a patriarchal society and Cultural traditions emphasise male parental duty on the safety and security of daughters can be abused in making decisions with negative consequences for girls. Parents marry off children to avert the social stigma attached to not getting married as a woman, These practices are still culturally acceptable, primarily in rural areas.

CAUSES OF EARLY MARRIAGES…cont’d Religious and social pressure; where girls fall pregnant to protect family honour and religious association such girls are forced into early marriage to secure legitimacy of children. Early marriage can also be caused by false notions of social protection where it is falsely presumed that early marriage protects girls from HIV, sexual promiscuity

CONSEQUENCES OF EARLY MARRIAGE Early married girls are more likely to contract HIV and other sexually transmitted diseases. Early married girls are exposed to early sexual debut and results in chances of having more children, they also become more likely to die during birth. Early marriage limits educational opportunities for children, including lower levels of access to information to sexual and reproductive health information

THE LEGAL POSITION OF EARLY MARRIAGES IN LESOTHO Children Protection and Welfare Act 2011; child means any person under the age of 18 Sexual Offences Act 2011: child is a person below the age of 16 and 18 depending on the parts of the Act. The Laws of Lerotholi; a child can get married at a puberty stage Marriage Act 1974; a girl child can enter into marriage at 16 and a boy child at 18 years of age

GENERAL OBSERVATIONS Currently in Lesotho, child marriage stands at 19% There is conflicting legislature regarding protection of the child in Lesotho Lesotho Marital Laws allow for children to enter into valid marriages CPWA and SOA protect children against sexual exploitation and abuse

RECOMMENDATION Advocacy at the community level on the negative consequences of early marriage on children. Sensitization of the law makers on the negative consequences of early marriage on children. Amendment of Lesotho Marital laws to abolish children marriage

THANK YOU “ By getting men to reject the practices that subordinate women and girls and subject them to violence , we can get to the root of child marriages.” Wanjala Wafula