US embassy cable - 05DARESSALAAM545

UNCLAS SECTION 01 OF 02 DAR ES SALAAM 000545 
 
SIPDIS 
 
DEPARTMENT FOR G/IWI - KHADIAGALA, L, AF/E, AND AID 
 
E.O. 12958: N/A 
TAGS: PHUM, KWMN, PREF, ECON, ELAB, SCUL, SOCI, TZ 
SUBJECT: CHILD MARRIAGE IN TANZANIA 
 
REF: A) SECSTATE 36341 
 
1. Summary:  Marriage under 18 is common in Tanzania 
particularly in Muslim areas and amongst pastoralist tribes 
in Arusha region.  Tanzania law prohibits child marriage 
under age 15 for girls, except with a court's consent.  The 
Islamic and customary courts may allow exceptions for 
members of their respective communities.  Civil society is 
advocating for an increase in minimum legal marriage age for 
girls.  Government officials are also outspoken against 
child marriage, publicly urging parents to let girls 
continue their education.  Child marriage contributes to 
girl's dismally low - five percent - secondary school 
enrollment rate.  End Summary. 
 
2.  LEGAL CONTEXT: Under the "1971 Laws of Marriage Act", 
the legal age for marriage is 18 for boys and 15 for girls. 
A girl younger than 18 also needs parental consent to marry. 
However, with court consent, the minimum age for marriage is 
14 for both boys and girls.  The Penal Code provides that 
persons of "African or Asiatic descent" may marry or permit 
marriage of a girl under 15 years of age in accordance with 
their custom or religion so long as the marriage is not 
consummated before she reaches 15 years. 
 
3.  EXTENT: Child marriage is a significant problem in 
Tanzania.  UNICEF figures for 1998-2003 show that 23 percent 
of children in Tanzania are in a child marriage with child 
marriage more common in urban areas(48 percent) than in 
rural areas (39 percent). [Note: These statistics are 
internally inconsistent, and possibly unreliable.  The 
national average is lower than both the average in urban and 
the average in rural areas, as published in UNICEF's State 
of the World Report. End note.]  According to anecdotal 
accounts, child marriage is a particular problem among 
Tanzania's Muslim community and among pastoralist tribes in 
the Arusha region (e.g. Masaii). In Arusha Region, there 
have been reported cases in which children as young as 9 
have been married off by their parents, reportedly because 
of high bride prices offered by prospective husbands. 
Tanzania Media Woman's Association research found several 
instances of child marriages, including forced marriages. 
In one documented case, an 11 year old girl was married off 
to a 70 year old man. 
 
3.b.EXTENT IN REFUGEE CAMPS: Among the  400,000 refugees 
resident in Tanzania, there are few reported incidents of 
child marriage. International NGOs documented 0-6 cases of 
child marriage per camp in 2004, with an average of about 50 
cases per year for all camps. However, many child marriages 
may not be reported. An Africare field officer told PolOff 
that child marriage is more common among Congolese refugees, 
where girls marry at ages 12-14, but that Burundian refugees 
commonly marry later, at ages 15-18. Poloff asked a small 
group of Burundian refugees about the average age of 
marriage; they all said that 18 was the common age of 
marriage.  PRM has supported "sexual and gender based 
violence" programs implemented by international NGOs in the 
refugee camps.  These programs sensitize refugees about 
problems associated with child marriage, track incidents of 
child and forced marriage, and provide counseling and 
appropriate referrals to child brides. 
 
4. RISK FACTORS:  Cultural and economic factors contributing 
to child marriage include: 
--Widespread poverty 
-Small number of girls who continue on to secondary school 
(5 percent). 
--Cultural belief that at puberty unmarried girls may become 
promiscuous and rendered unmarriageable if they are not 
married young. 
--Parent's desire to obtain bride-price 
--Child marriages used to strengthen tribal or familial ties 
under arranged marriages. 
--Some young girls may enter child marriages to earn respect 
as recognized adults in their communities. 
--Limited economic opportunities for young girls to support 
themselves financially. 
--Cultural beliefs that at around age 14 girls are adults. 
 
5. ADVERSE AFFECTS: Underage marriage in Tanzania reduces 
the number of girls who complete or enter secondary school. 
Girls who marry are generally not permitted to continue 
school by their husbands or parents. 
 
6. USG INITIATIVES:  Neither USAID nor the US Embassy has 
any programs that directly aim to reduce the incidence of 
child marriage in Tanzania nationals.  However, there are 
several programs that indirectly target child marriage. Four 
or five local NGOs which receive capacity building support 
under USAID's civil society program, advocate raising the 
legal marriage age for girls and have published articles on 
the issue of child marriage.  USAID received $4 million for 
2004-2006 initiatives to improve education on Zanzibar (semi 
autonomous islands which are 99 percent Muslim).  USAID 
anticipates follow-up activities in Zanzibar through 2005- 
2006.  The Ambassador's Girl Scholarship fund provides 
scholarships to girls in secondary school to help girls stay 
in school.  The Public Affairs Section provided a grant to 
support a local girl's leadership program on Ukererwe 
Island.  A 2003 Democracy and Human Right Fund grant 
supported a legal rights workshop for Masaii women, 
including training on child and forced marriages. 
 
OWEN