MARRIAGE?is a legally recognized voluntary union between ?two people. As Lesotho does not recognise same sex unions – arguably for good reasons – this union is between a man and a woman. We hold no brief against gays and lesbians, or those who prefer that lifestyle. We also don’t support their persecution. However, for the survival of humanity, and in light of low birth rates particularly in developed countries, we are all for voluntary heterosexual marriages and families that produce children.
The key word here is “voluntary”. ?As a partnership, a marriage must be entered into voluntarily by a man and woman who love each other.
Yet in Lesotho this is not always the case. Despite the existence of legislation aimed at protecting young girls against abduction for marriage, the ancient practice continues unabated.
Just over two decades ago, the Sexual Offences Act, 2003, was introduced, followed almost a decade later by the Children’s Protection and Welfare Act 2011.
But in the absence of enforcement mechanisms, the two pieces of legislation have not been effective in protecting girls.
Hidden behind Lesotho’s beautiful, majestic and scenic mountains is the sinister reality of young girls being forced into early marriages to rescue their families from poverty.
So, when girls are abducted for marriage, rarely do their families reclaim them.
For a marriage to stand in Lesotho, it involves the male’s family paying a dowry (lobola) to the girl’s family, either in cash or livestock, usually cattle and sheep. Poverty means many families are forced to let go their young girls in exchange of these resources.? In most cases the males are far older. In some instances, he is old enough to be her father or grandfather and even older than the girl’s parents. Then enter the power imbalance which results in physical, psychological, emotional abuse. Not to mention that their young bodies are not ready to carry babies. The younger the mother, the greater the risk of physical hazards of pregnancy.
An adolescent mother’s body is not yet mature enough to carry a baby. It is trying to finish its own growth when at the same time it is called upon to ?support the physical demands of a growing foetus, ?wearing down its disease resistance capabilities.
Adolescent mothers (aged 10–19 years) face higher risks of eclampsia, puerperal endometritis and systemic infections than women aged 20–24 years, and babies of adolescent mothers face higher risks of low birth weight, preterm birth and severe neonatal condition.
Not to mention the fact that early marriage threatens a girl’s prospects of getting an education and becoming financially independent.
The government has therefore an indispensable task to protect girls from being forced into early marriages. It needs to lead efforts to mobilise and conscientize communities about the harmful effects of child marriages. ?
This is because some parents, unfortunately, are accomplices in this practice. Either because they believe they are helping their girl children escape the poverty of their families, or they themselves ?simply want to benefit from such.
The practice of early marriages, especially through abduction, is most prevalent in rural areas where it is justified in terms of deeply ingrained but archaic cultural and religious norms.
It is, therefore, commendable that the United Nations Population Fund (UNFPA), has been consistent with its campaign to help eradicate the scourge of child marriage in Lesotho.
This, the UNFPA has done by way of advocating ?the provision of alternative forms of support and protection for vulnerable girls.
UNFPA National Program Analyst in Adolescents and Youth, Maseretse Ratia, recently noted that education and empowerment programs, could help equip young girls with the skills and confidence they need to resist these harmful practices.
According to Ms Ratia, ending child marriages in Lesotho requires a multifaceted approach involving government, civil society, and local communities, working together to protect the rights and dignity of young girls.
Well, while it is a noble move to reach out to development partners for help in addressing the crisis, the onus is on the government to roll its sleeves to ensure that girls have access to the education and ?opportunities they require to avoid early marriages.
It is also up to society to make noise and speak up against abduction of young girls for marriage. It is after all a violation of their fundamental human rights. ?
Less talk, more action Adv Tuke
LAW Society of Lesotho (LSL) president, Advocate Lintle Tuke, is right to continuously speak against the dishonourable conduct of many crooked members of the legal profession who – like snake oil or used car salesmen – have done much to discredit what should be a noble and respected profession.
In fact, since he took over the LSL, Adv Tuke has been a breath of fresh air unlike his predecessors who reduced the important organisation into a sort of national joke.
But Adv Tuke must also be fully aware that his rhetoric must be matched with firm action. The LSL needs to prove that it is serious about reining in its errant members.? So many of the? crooked lawyers Adv Tuke opines about are left to go scot free.? Adv Tuke needs to demonstrate that the LSL is now fit for purpose and has developed effective mechanisms to protect the public against criminal lawyers. It is his obligation to ensure that such procedures and mechanisms are fully explained and understood by the public.
Very often, reporting errant lawyers to the LSL has been a waste of time. Not least because the LSL covered for its delinquent members, but because of its general ineffectiveness as a regulatory body. That some “lawyers” operate without being registered by the LSL is a huge cause for concern. Action is thus what matters now Adv Tuke. Nice sounding words alone are no longer enough.?