Draft:Child Marriage in Somalia

Somoan girl

Child Marriage in Somalia

Child marriage is a deeply ingrained and pervasive issue in Somalia, characterized by complex cultural norms and economic factors that contribute to its prevalence. According to the "Somalia Child Marriage Country Profile" report (August 29, 2023), the prevalence rate of child marriage stands at 36% among girls under the age of 18, highlighting the urgent need for comprehensive interventions.Shockingly, Somalia ranks tenth globally in child marriage, with an alarming rate of 16% of them before their 15th birthday.

Causes and Contributing Factors

Child marriage in Somalia is influenced by harmful religious, traditional norms, and cultural practices that perpetuate the cycle of early unions. Parents, driven by a fear of potential public shame associated with their daughters facing abuse on their way to or from school, prefer to opt for early marriages. In this context, religious leaders play a pivotal role, as some may refrain from condemning child marriage, while others may even permit it to occur. Additionally, social pressure from peers contributes to a bandwagon effect, leading to marriages that frequently end in divorces, further exacerbating the impact on family social status.. Furthermore, gender norms and power dynamics, exemplified by approximately 30% of girls aged 15 to 24 marrying significantly older husbands and one in five women aged 15 to 49 being in polygynous marriages, contribute to the subservient position of women and girls in society. Finally, poverty and humanitarian crises, including gender inequality, push families to view child marriage as a coping mechanism during times of economic hardship and increased violence, fueled by Somalia's prolonged conflict, recurrent droughts, floods, and widespread poverty, impacting millions of people within the country. Child marriage in Somalia is driven by various factors, including economic incentives such as dowries. The COVID-19 pandemic has exacerbated the issue, leading to an increase in reported cases of early marriages. The practice is deeply rooted in Somali culture, as reflected in a traditional saying that suggests a limited choice for girls: "Gabadh ama god hakaaga jirto ama gunti rag," meaning "a girl should either be married or in a grave." . This saying underscores the societal expectation that girls should either be married or face severe consequences, highlighting the entrenched nature of early marriage within Somali cultural norms.

Addressing Child Marriage: A Multifaceted Approach

Addressing child marriage in Somalia requires a multifaceted approach. Legal enforcement remains challenging, necessitating intensified awareness campaigns at the grassroots level to ensure communities understand and adhere to existing laws. Societal norms and attitudes perpetuate child marriage, and community-based awareness programs, coupled with engagement with local influencers, are essential for challenging and reshaping harmful norms.

Speaking out

Economic empowerment programs targeting poverty-stricken families play a crucial role in reducing child marriage by providing alternatives to marrying young girls. Establishing effective monitoring and reporting mechanisms is paramount to enforcing laws and ensuring that incidents are identified and addressed promptly. Additionally, collaboration with international organizations focused on women's rights, child protection, and education is crucial, as it provides valuable insights and resources, contributing to a more comprehensive and coordinated effort to combat child marriage in Somalia. The Somali Ministry of Women and Family Affairs has taken significant steps to address child marriage and Female Genital Mutilation/Cutting (FGM/C). Legislation, such as the Sexual Offences Bill, has been drafted to protect children, providing sanctions for child marriages, and is currently under parliamentary review. The Child Rights Bill goes further, prohibiting harmful practices, including child marriage and FGM, and addressing various forms of child abuse, including that against children with disabilities. The Ministry of Women and Human Rights Development (MoWHRD) is actively working on several draft laws, aiming to enhance children's rights in Somalia and align national laws with the Convention on the Rights of the Child. These drafts include the Sexual Offences Bill, Anti-FGM Bill, Disability Bill, and Juvenile Justice Bill. In Puntland, a Zero Tolerance Female Genital Mutilation/Cutting Policy has been developed, with a draft bill adopted by the cabinet and parliament in 2018. The National Development Plan (2017–2019) reflects the government's commitment to eliminating child marriage, and the Ministry of Justice has undertaken awareness training for religious leaders, providing templates for documentation and action plans to minimize child marriages.

Government Initiatives

To combat the pervasive issue of child marriage in Somalia, the government has implemented several ongoing initiatives. The Somali Ministry of Women and Family Affairs is actively engaged in legislative measures to address child marriage, exemplified by the parliamentary review of the Sexual Offences Bill. This proposed legislation aims to impose sanctions explicitly targeting child marriages.

Furthermore, the government's commitment to eradicating child marriage is evident in the National Development Plan (2017–2019), which serves as a comprehensive policy framework. This plan includes provisions demonstrating a clear intention to eliminate child marriage through various developmental strategies. Recognizing the influential role of religious leaders in shaping community attitudes, the Ministry of Justice has initiated programs for their training, aiming to raise awareness about the detrimental impacts of child marriage. The government's dedication to combating child marriage in Somalia is reflected in these concerted efforts, highlighted in a press release by the Office of the High Commissioner for Human Rights (OHCHR) in May 2022.

This table outlines Somalia's significant commitments and actions in chronological order, addressing child marriage and related issues.

Commitment/Action
1991	Signature of the African Charter on the Rights and Welfare of the Child, including Article 21 prohibiting child marriage
2006	Signature of the African Charter on Human and People’s Rights on the Rights of Women in Africa, including Article 6 setting the minimum age for marriage as 18.
2014	Co-sponsorship of the UN General Assembly resolution; Joint statement at the Human Rights Council calling for a resolution on child marriage; 2013 Human Rights Council resolution on child, early and forced marriage.
2015	Ratification of the Convention on the Rights of the Child, setting a minimum age of marriage at 18.
2016	Agreement during the Universal Periodic Review to examine recommendations countering human rights violations of women and girls, including child marriage.
2019	Commitment at the Nairobi Summit on ICPD25 to zero tolerance for gender-based violence, addressing vulnerability factors, and strengthening policy and legal frameworks.

Conclusion

In conclusion, child marriage stands as a deeply rooted and pervasive issue in Somalia, shaped by intricate cultural norms and exacerbated by economic factors. The staggering prevalence rate, as reported in the "Somalia Child Marriage Country Profile" (August 29, 2023), underscores the urgent need for comprehensive interventions. Despite legal provisions setting the marriage age at 18, exceptions persist, fueled by harmful religious and cultural practices, societal pressures, and gender norms.

Somalian Flag of hope

The government's commitment to combatting child marriage is evident in ongoing initiatives, such as legislative measures, the National Development Plan, and programs to engage religious leaders. Challenges persist, necessitating a multifaceted approach involving legal reforms, community awareness, economic empowerment, and collaboration with international organizations. As efforts intensify, it is crucial to recognize the deep-seated societal attitudes and complex factors that contribute to child marriage in Somalia, ensuring that interventions are holistic, culturally sensitive, and impactful.