Marriage In Africa Research Articles

Decolonising and decriminalising child marriage in Africa

AbstractChild marriages, often attributed to culture and gender inequality, are prevalent across Africa. Several countries have moved to criminalise the practice. At the core of the criminalisation debate are the fundamental tensions between statutory (state) law on the one hand, and religious and customary law on the other. The growing momentum towards punishment, targeted almost invariably at male offenders, is meant to address the conflict between cultural practices that lead to child marriage and the protection of children's rights. However, some countries have not criminalised child marriage. Thus, the outlawry of child marriages is not universal on the continent. The agitation towards criminalisation—I describe this as ‘popular punitvism’ ‐ as a panacea, is animated by Western penological justifications, principally, deterrence. However, Western criminological and penological theories may not fully account for a phenomenon in other social and geographical spaces. The paper argues for decolonising and decriminalising child marriages in Africa but not legalising it.

Traditional Marriage in Africa: A Pragmatic Analysis of the Wedding Songs in Saalum Communities

This study raises women’s issues that are part of women’s lives. It draws particularly the wedding songs pragmatics in societies in which communication is an oral cultural basis. From these views, the topic elaborates cultural perception of a certain community, regarding wedding songs to illustrate a handful of characteristics of civilized rules held by the tradition. This topic treats from the view of pragmatic meaning the problem of wedding songs in which, an extracted version is taken from informants to analyze the impact of these oral communication characteristics. Pragmatically, the analysis has thus outlined many communicative aspects to convey knowledge, to inherit social and cultural practices, and to educate the young generation, while serving adults as guides. This topic contributes to cultural diversity and traditional apprehension around different concepts in African societies generally, and the Saalum community particularly.

Systematic scoping review of interventions to prevent and respond to child marriage across Africa: progress, gaps and priorities

ObjectivesDespite the high prevalence of child marriage in Africa, little is known about the current state of the evidence on interventions to prevent and respond to child marriage in the...

Preventing and Eliminating Child Marriage in Africa: The Perspectives from Nigeria

Child marriage is a global scourge and remains prevalent in many parts of Africa particularly in Nigeria’s northern region where many girls are given away in marriage without their consent. Child marriage violates the human rights of the affected girl-child and increases their risks for several negative sexual and reproductive health outcomes, including maternal morbidity and mortality. The United Nations Children’s Education Fund (UNICEF) report of 2021 confirmed that although child marriage is becoming less common globally, the rate of progress is not fast enough to achieve the Sustainable Development Goal (SDG) target of eliminating child marriage by 2030 as child marriage still affects 650 million girls worldwide. The amount of progress is uneven across regions, between countries and within countries. The least reductions have been observed in Sub- Saharan Africa where child marriage is presently most prevalent. As the most populous country in the African region, Nigeria reportedly has the highest number of child brides with an estimated 44% of the girls married before their 18th birthday. This has been rated as one of the highest globally and rates are not likely to decrease soon as girls, especially those living in northern Nigeria, are living in one of the most difficult times due to factors like armed conflict, kidnapping, COVID-19 pandemic and economic recession. Preliminary investigation confirmed that tradition and culture still play a dominant role in the operation of the practice of child marriage in Nigeria and Africa in general. This article proposed inter alia, that for effectiveness, interventions aimed at reducing and eliminating child marriage in Nigeria must give considerable attention to culturally-laden social norms that vary by ethnic groups as well as religious-related beliefs. Keywords: Child marriage, Girl-child, Child bride, Prevalence, Elimination, Prevention, Progress, Nigeria, Africa. DOI: 10.7176/JLPG/119-03 Publication date: March 31 st 2022

Exploring Thematic Progressions in Two Excerpts From Amma Darko’s Faceless

This study explores thematic progressions in two excerpts from Amma Darko’s Faceless. The study aims at looking into the different types of thematic progressions used in the selected excerpts to decode there-from the deep meanings linguistically encoded by the author. The study further aims at examining how the different thematic progressions used in the studied texts contribute to their cohesion and contextual coherence. The research appeals to the mixed quantitative and qualitative methodology. Via this method, the number of thematic progression patterns identified has been quantified per excerpt to pave the way to the interpretation of the findings that ensued. The study has arrived at impressive results. Among several others available in the interpretation of the findings subsection, Amma Darko has purposefully not used the Split-Rheme Pattern to avoid a complex writing style that would make her writing not accessible to her readership. The simple linear thematic progression and the overriding theme reiteration patterns extensively used in both texts have allowed the author to emphasize the key thematic points of the studied texts. Moreover, the theme reiteration development strategy used in both texts has provided them with clear focuses. Some of these include skin bleaching, tradition and marriage in Africa, street children, women’s life conditions in Ghana to name but a few. For deeper meanings decoding in the studied excerpts, further studies on discourse-semantics, contextual coherence, conjunctive and lexical relations, as well as experiential and interpersonal meanings could pick up from this article findings.

The Case of 'Suspected Adulteress': Reading Numbers 5:11-31 from the Perspective of a Married African Woman

As studies have shown, marital sexual infidelity is attested in every society of the world.1 In African societies, adultery is not only strictly prohibited on social, moral and religious grounds but is also regarded, in some African cultures, as an abomination. This is rooted, among others, in the sacredness of marriage in Africa and the inseparable link between the use of human sexuality in marriage and the generation of new life for the perpetuation of the family-lineage and the community. In theory, the ban on adultery applies equally to all married men and women but in praxis, there are some hints of gender injustice against women in observing the ban on adultery. The patriarchal context in some African cultures provides the background for such gender inequality and sexual injustice against women. By using bosadi biblical hermeneutics to interpret the Sotah ritual (Num 5:11-31) - a ritual that is gender-specific, meant only for women accused of adultery - this article condemns the sexual injustice endured by married women in some (African) patriarchal societies and advocates the reading of Num 5:11-31 and other biblical texts containing 'oppressive elements' in a way that is liberating and empowering to the oppressed and marginalised.

Does criminalizing discriminatory cultural practices improve women’s welfare? A simple model of Levirate marriage in Africa

Whether cultural practices that discriminate against women should be criminalized is an important consideration for policymakers. In this study, I show that, theoretically, legal prohibition may decrease women’s welfare, by analyzing one cultural practice called “levirate marriage,” which is widely observed in sub-Saharan Africa. According to this practice, because a widow is inherited by the brother or other male relative of her deceased husband, levirate marriage is often seen as a form of forced marriage. However, this practice is also anecdotally believed to provide social protection for widows, as they usually have limited property rights. According to the developed game-theoretic analysis, this practice is selected as an equilibrium when a widow’s other livelihood means are limited and her husband’s clan wishes to continue a family line through generations by keeping sons of the deceased within his extended family. In this equilibrium, the woman obtains her reservation utility plus the net information rent, which is given by the clan to encourage her to produce more sons during marriage. Legally prohibiting this practice makes it costly for the clan to provide this information rent or even offer the levirate marriage. Because this information rent disappears, her welfare may decline. The present investigation serves as an important caution for those who propose an outright ban on an anti-social practice that is seen as violating women’s human rights.

‘Be fruitful and multiply’: Examining Genesis 1:28 as a basis for the adoption of polygamy as a solution to childlessness amongst Nigerian Christians

In spite of Christianity and western civilisation, polygamy remains a major issue in Christian marriage in Africa. In Nigeria, most of the mainline churches officially adopt monogamy, whilst many of the African Initiated Churches (AICs) practise polygamy. Because Africans consider procreation as the primary purpose of marriage, some childless Nigerian Christians engage in polygamy in order to have children. But apart from the factor of traditional passion for children, some engage in polygamy to have children because they take the phrase ‘Be fruitful and multiply’ in Genesis 1:28 as a divine command to everyone to produce children. Therefore, this article examines the text with a view to ascertain whether it is appropriate to exploit the passage as a basis for the adoption of polygamy as a solution to infertility. The target population is those Nigerian Christian men and women who engage in this practice. The article employs descriptive and exegetical methods. It found that, although couched as an imperative, the phrase ‘Be fruitful and multiply’, rather than being a command to procreate, should be simply understood as a saying that God blessed the humankind with offspring, just as he did the fish that are not expected to obey or disobey (Gn 1:22). It therefore does not provide a basis for adoption of polygamy as a solution to infertility. The article recommends that apart from assisting childless Nigerian Christians to realise their dream of childbearing, the church should make them understand the biblical position that every individual and couple need not have children.Intradisciplinary and/or interdisciplinary implications: This research involves the disciplines of the Old Testament and Christian Ethics. It examines Genesis 1:28 with regard to the adoption of polygamy as a solution to infertility amongst Nigerian Christians. The article postulates that the passage is not a command for procreation but is simply a saying that God blessed the humankind with offspring; hence, it does not provide a basis for the adoption of polygamy to solve the problem of infertility.

EFFICACY OF A STATUTORY MARRIAGE IN A POLYGAMOUS FAMILY: THE PARADOX OF THE MARRIAGE ACT

Marriage is an important aspect of human life. It attributes rights and obligations to the parties. It also settles disputes and is remotely connected to a person's civil and political rights, genealogy and pedigree, inheritance and class. Also, marriage is largely personal and it is a question the law has to address carefully. In Nigeria, there are basically two ways of solemnizing marriage, each with its unique consequence. One, statutory marriage which is strictly monogamous and two, customary marriage, which is polygamous. Any marriage not solemnized in accordance with the Marriage Act is polygamous even if the man presently marries only one wife. This implies that all customary marriages are vulnerable to polygamy. Intending couples therefore apply statutory marriage as an assurance for monogamy. This article investigates the efficacy of monogamy marriage in Africa where polygamy is customary and ubiquitous and whether statutory marriage achieves the reason of its institution.

Multi-Country Analysis of Child Marriage Laws and Policy Instruments in Africa

This paper is informed by the findings and recommendations of the UN Women East and Southern Africa led Multi-Country Analytical Study of Legislation, Policies, Interventions and Cultural Practices on Child Marriage in Africa which undertaken in 2018. The study focused on Africa as a continent but synchronised into 10 study countries (Niger, Mali, Nigeria, Egypt, Ethiopia, Malawi, Mozambique, Tanzania, DRC and Morocco). It is undoubtable that child marriage is not only a regional challenge but also a global nightmare that every treaty, convention, protocol or agreement condemn. Succinctly, the Convention on the Elimination on All Forms of Discrimination against Women (CEDAW), the UN Convention on the Rights of the Child (CRC), the Beijing Declaration and Platform of Action, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, and the International Conference on Population and Development of 1994 are among the leading policy instruments that advance the human rights of children and thus are critical for ending child marriage. In this analysis, the paper underscores the critical role that such legal and policy frameworks perform in transforming toxic norms across the continent and beyond to deliver the human rights of women and girls with a particular focus on country legal frameworks and policies. In a snapshot, the paper focuses on relevant laws and regulations reported in the study including those that set the minimum age for marriage at 18 years for both/either girls and boys; requirements for birth and marriage registration; sexual violence and domestic violence laws; anti-corruption laws; and family status laws regulating marriage, divorce, custody, and inheritance. Keywords: Child marriage, Child bride, age of marriage, prevalence, CEDAW, survivors, Bejing Platform for Action, UN Women, policy instruments, women and girls, constitution, customary laws, children, laws, religion, society, family code, criminal code, penal code, legal system, Africa, Niger, Mali, Nigeria, Egypt, Ethiopia, Malawi, Mozambique, Tanzania, DRC and Morocco. DOI : 10.7176/JCSD/51-07 Publication date :September 30 th 2019

Multi-Country Analysis of Effects and Consequences of Child Marriage in Africa

This paper is drawn from the findings and recommendations of the UN Women East and Southern Africa led Multi-Country Analytical Study of Legislation, Policies, Interventions and Cultural Practices on Child Marriage in Africa undertaken in 2018. The study focused on Africa as a continent but with a deeper lens on 10 study countries (Niger, Mali, Nigeria, Egypt, Ethiopia, Malawi, Mozambique, Tanzania, DRC and Morocco) that are among those with the highest prevalence of child marriage on the continent despite their high-level national commitments to end child marriage. This paper focuses on the findings of the study as they relate to the effects and consequences of child marriage in Africa and in the study countries in particular. Child marriage affects the involved children’s (mostly girls) quality of life in diverse, severe and lasting ways. These effects range from biological (health), to social and economic, all of which impact their lives permanently, especially their reproductive health, human rights and life chances as human beings. From a human rights perspective, child marriage is a violation of the rights of an individual, rooted in gender inequality and an impediment to girls’ social and economic development. In the study countries, the societies where this practice is common, exhibited a low value placed on girls and women, thereby perpetuating this as a norm and continually binding them in a vicious cycle affecting both present and subsequent generations. There is a strong correlation between child marriages, unequal opportunities for women, and low social economic development in those countries with countries that have a high prevalence of the practice. It follows therefore that developing countries have the highest levels of child marriages and that child marriages are most common among the proportion of the population living below the poverty line. The study noted that besides the inherent health risks associated with the practice, child marriages also put the girls at risks of maternal mortality, infection with venereal diseases and HIV as well as affecting their education and wellbeing. Child marriages also subject girls to rape throughout their marriage and increase other forms of gender-based violence such as domestic violence, child labour, loss of freedom isolation for the victims, school drop-out and illiteracy. Keywords: Child marriage, Child bride, prevalence, survivors, hotspots, UN Women, effects and consequences, women and girls, children, culture, religion, society, families, Africa, Niger, Mali, Nigeria, Egypt, Ethiopia, Malawi, Mozambique, Tanzania, DRC and Morocco DOI : 10.7176/JCSD/50-05 Publication date :July 31 st 2019

Multi-Country Analysis of Causes and Drivers of Child Marriage in Africa

The research is funded and led by UN Women East and Southern Africa Regional Office. UN Women is the UN Agency dedicated to gender equality and the empowerment of women. As a global champion for women and girls, UN Women was established to accelerate progress on meeting their needs worldwide. With a vision of equality enshrined in the Charter of the United Nations, UN Women works for the elimination of discrimination against women and girls; the empowerment of women; and the achievement of equality between women and men as partners and beneficiaries of development, human rights, humanitarian action and peace and security. UN Women also coordinates and promotes the UN system’s work in advancing gender equality, and in all deliberations and agreements linked to the 2030 Agenda. The entity works to position gender equality as fundamental to the Sustainable Development Goals, and a more inclusive world. It supports UN Member States as they set global standards for achieving gender equality and works with governments and civil society to design laws, policies, programmes and services needed to ensure that the standards are effectively implemented and truly benefit women and girls worldwide. It works globally to make the vision of the Sustainable Development Goals a reality for women and girls and stands behind women’s equal participation in all aspects of life. It has invested in its commitment to end all forms of violence including child marriage, Female Genital Mutilation and other harmful practices against women and girls across the globe. UN Women envisions a world where societies are free of gender-based discrimination, where women and men have equal opportunities, where the comprehensive economic and social development of women and girls is ensured so that they can lead the change that they want to see, where gender equality and women’s empowerment are achieved, and where women’s rights are upheld in all efforts to further development, human rights, peace and security. Abstract This paper is drawn from the findings and recommendations of the UN Women East and Southern Africa led Multi-Country Analytical Study of Legislation, Policies, Interventions and Cultural Practices on Child Marriage in Africa undertaken in 2018. The study focused on Africa as a continent but with a deeper lens on 10 study countries (Niger, Mali, Nigeria, Egypt, Ethiopia, Malawi, Mozambique, Tanzania, DRC and Morocco) that are among those with the highest prevalence of child marriage on the continent despite their high-level national commitments to end child marriage. This paper focuses on the findings of the study, provides analysis, and draws some conclusions about the underlying causes and drivers of child marriage in Africa and in the study countries in particular. The underlying causes of child marriage are common across Africa, and they are anchored in patriarchal societies adhering to discriminatory gender norms that perpetuate gender inequality. This leads to discrimination against women and girls in all spheres of life, including social, cultural, and economic. It forms part of the structural and systemic determinants of the children’s, girls’ and women’s ecology and how they are treated and valued in the society, both in the public and private sphere. Keywords: Child marriage, UN Women, causes and drivers, women and girls, children, culture, religion, society, families, Africa, Niger, Mali, Nigeria, Egypt, Ethiopia, Malawi, Mozambique, Tanzania, DRC and Morocco DOI : 10.7176/JCSD/49-06 Publication date :June 30 th 2019

Translation of Human Rights Law according to Local Context: A Solution to Child Marriage in Africa?

In Africa, despite decades of campaigns to restrict child marriage through legislation and the adoption of minimum age laws, the practice is still very common and the continent is predicted to have the largest global share of child brides by the year 2050. This begs the question whether human rights law, as it stands, is the appropriate strategy against child marriage. On the one hand, law can create an “enabling environment” and strengthen those who seek the elimination of child marriage; but, on the other hand, vigorous enforcement of such legislation may result in counter-intuitive effects, leaving the girls more vulnerable instead of the law fulfilling its protective role. This article uses a socio-legal approach to argue that the solution to child marriage might lie in a form of translation and enforcement of human rights. It makes a case for the need for human rights to be translated according to local conditions in order to deal effectively with child marriage in Africa. In this case, “translation” refers to the reinterpretation and reframing of human rights in line with specific local conditions, leading towards assimilation and acceptance while maintaining its core foundations.

FORCED MARRIAGE IN AFRICA - Marriage by Force? Contestation over Consent and Coercion in Africa. Edited by Annie Bunting, Benjamin N. Lawrance, and Richard L. Roberts. Athens: Ohio University Press, 2016. Pp. 358. $80.00, hardback (ISBN: 9780821421994); $34.95, paperback (ISBN: 9780821422007).

FORCED MARRIAGE IN AFRICA - Marriage by Force? Contestation over Consent and Coercion in Africa. Edited by Annie Bunting, Benjamin N. Lawrance, and Richard L. Roberts. Athens: Ohio University Press, 2016. Pp. 358. $80.00, hardback (ISBN: 9780821421994); $34.95, paperback (ISBN: 9780821422007).

Federalism and the Challenge of Applying International Human Rights Law Against Child Marriage in Africa

AbstractFederalism presents a dilemma for the implementation of international human rights law in those African states that operate federal constitutions. Central governments in these states enjoy international legal personality, make treaties and represent their states as parties to those treaties, yet internal legislative competence over some issues regulated by treaty is commonly shared between central and regional governments. Consequently, while central governments bear responsibility for transforming international standards into national law, challenges arise in areas such as the protection of children from child marriage, where they lack exclusive national legislative competence. How have these states managed to implement international law without violating their own constitutions? Applying a comparative approach, this article argues that African federal states have employed two main models to overcome the dilemma, neither of which has been totally effective. Drawing lessons from federal states outside Africa, the article suggests other mechanisms to perfect Africa's two main models.

Education as a Contrivance to Ending Child Marriage in Africa: Perspectives from Nigeria and Uganda

Nigeria and Uganda have both ratified the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child and have enacted domestic legislations that provide for the promotion and protection of the rights and welfare of children. Sadly, child marriage still exists and is one of the leading causes of morbidity and school dropout among children in both countries. This paper examines the legal and policy frameworks for combating child marriage and highlights the trends, challenges and prospects from a socio-legal perspective. It reveals a number of systematic procedural problems in the legal and policy apparatus for addressing child marriage. In responding to these challenges, the authors argue that the Nigerian and Ugandan governments should enhance access to basic education and initiate institutional reforms pertinent to the legal framework for effective enforcement of the laws that address child marriage.

Small Christian Communities Promote Family and Marriage Ministry in Eastern Africa

Africa in the context of the recent Synod on the Family. In the nine countries of Eastern Africa there are 160,000 Small Christian Communities (SCCs), which is a significant number. The family in Africa is facing a mixture of challenges, some of them being an effect of globalization of culture, others are coming from the cultural beliefs. Traditionally marriage in Africa is not just between a man and a woman, but between two families and even two clans. The children belong to the community and not just to the biological parents. That is why it is natural for SCC to be involved in family ministry/family life apostolate/family evangelization that includes marriage ministry, youth ministry, and a variety of other pastoral ministries and spiritual ministries.

Education an Antidote against Early Marriage for the Girl-Child

This paper explores the reasons behind early marriage in Africa, ray Nigeria to include economic, socio-cultural and religious as well as notions of morality and honour and its devastating effects on physical, health, psycho-social as well as the education of the girl-child. While many conventions have addressed the issues of early marriage and made strong case for protection of the children’s right but the country lacks political will to enforce the relevant provisions. This paper proposes education as an antidote. DOI: 10.5901/jesr.2013.v3n5p73

Association of Child Marriage With Suicidal Thoughts and Attempts Among Adolescent Girls in Ethiopia

Little information exists on the mental health implications of child marriage in Africa. This study examined the association between child marriage and suicidal ideation and suicide attempt among girls aged 10-17 years. Data were drawn from a 2007 cross-sectional survey conducted in the Amhara region, Ethiopia. Multilevel logistic regression was used to analyze risk factors for suicidality. Approximately 5.2% of girls reported ever being married, 5.4% were promised in marriage, and 9.3% reported receiving marriage requests. Girls who were ever married (odds ratio [OR] = 1.81; 95% confidence interval [CI] = 1.03-3.18), were promised in marriage (OR = 2.35; 95% CI = 1.38-4.01) or had received marriage requests (OR = 2.29; 95% CI = 1.46-3.59) were significantly more likely than girls who were never in the marriage process to have had suicidal thoughts in the past 3 months. Residence in communities with high involvement in stopping child marriage was protective of suicidal ideation. The odds of suicide attempt were twice as high among girls with marriage requests as among those with none. Child marriage was associated with increased odds of suicidality. Findings call for stronger community engagement in child marriage prevention and mental health support for child brides.

Of Wine Carrying and Bridal Train: A Portrayal of Traditional Igbo Marriage in Elechi Amadi’s The Concubine and The Slave

Marriage, the special kind of union whereby a man and woman are joined together for the purpose of making a home and raising a family is as old as man. As unique as it is, the institution of traditional marriage in Africa has been grossly misunderstood by many prejudiced foreigners who claim that love has no place in the social enterprise. This paper, therefore, explores traditional Igbo marriage as portrayed by Elechi Amadi in two of his novels. It posits that love not only exists among the Igbo in particular and Africans in general but that it is actually celebrated in marriage which is a whole community af fair. It concludes however, that like many things, traditional Igbo marriage has under gone some changes courtesy of the grinding wheel of time.