By Nasratu Kargbo
The euphoria in the jam-packed well of parliament was one of willingness to discourage and end early child marriage in Sierra Leone, as Members of Parliament inserted strong penalties in a bill entitled the ‘Prohibition of Child Marriage 2024’, which makes it a crime to officiate, attend, aid and abet, conspire and promote child marriage.
The enthusiastic members of parliament spent more than five hours ensuring that the bill went through all the right procedures and thorough scrutiny before it was enacted into Law on the 20th June 2024.
A person found wanting could be imprisoned, asked to pay a fine, or handed both imprisonment and a fine.
The Act forbids a person from presiding over the marriage ceremony of a child. Until there is evidence to show that the person who officiated or presided over the wedding is not aware that one or both parties are under the age of eighteen, it will be presumed that the person is aware and will be liable to a jail term or a fine or both.
Section 7 (1) (2) and (3) of the Act states that “A person shall not attend a child marriage ceremony. (2) Unless and until the contrary is proven, it shall be presumed that a person who attends a child ceremony knows one or both parties to the marriage is below the age of 18 years. (3) A person that contravenes subsection (1) commits an offence and is liable on conviction to a term of imprisonment of not less than 10 years or a fine not less than Le 50,000 or both imprisonment and fine”.
Whilst Section 2 of the Act prohibits a person from contracting marriage with a child, it explains that when a person does, they will be liable on conviction to not less than fifteen years or a fine not less than one hundred thousand Leones.
The law further prohibits the promotion of child marriage and unless it is proven that the person who performs the act does not know that one or both parties to the marriage are under the age of eighteen, it will be presumed that the person knew and will be considered to have committed an offence which is liable on conviction to a jail term of ten years or pay a fine of fifty thousand Leones or both imprisonment and fine.
Section 8 says that a person who attempts to marry a child will suffer a jail term of not less than fifteen years or a fine of not less than fifty thousand, whilst Section 9 talks about conspiracy which is also considered very grave and attracts a jail term of fifteen years or a fine of hundred thousand Leones or both.
According to a section of the Act any person who aids and abets a child marriage commits an offence, stating that the person will be liable on conviction to a term of imprisonment of not less than ten years or a fine of fifty thousand Leones or both imprisonment and fine.
Other aspects of the law speak on annulment of child marriage, compensation to the victim, and protection of victims of child marriage amongst others.
In an interview with the country’s First Lady Fatima Jabbie Bio, after the bill was enacted, she expressed appreciation to all MPs for enacting the law and acknowledged their efforts across the aisle.
When asked what strides have they made to ensure the law is implemented, considering the country’s problem in terms of implementation of laws, the First Lady said the law would be implemented. “This bill is our bill, we have to protect our children. Don’t wait till I come to your door before you implement it, let us implement this bill because together we can save this country” Bio appealed.
The bill is a private member’s bill that was introduced in parliament by Pujehun District MP Mariama Munia Zombo, who gave notice to the house on the 4th of June 2024.
In an interview with Zombo, after she had given the notice, the MP said they would harmonize certain laws to make sure loopholes are taken care of, mentioning the Child Rights Act of 2007, the Registration of Customary Marriage and Divorce Act 2009, the Christian Marriage Act 1960, the Muslim Marriage Act 1960 and the Civil Marriage Act 1960.
Human rights groups and child rights advocates have over the years campaigned against child marriage which has had a profound effect on the health, education, and general wellbeing of the girl-child in Sierra Leone.
The bill is yet to be given the much-desired presidential ascent after its enactment by the House of Parliament.
Copyright © 2024 Politico (26/06/24)
