US embassy cable - 05MAPUTO354

UNCLAS MAPUTO 000354 
 
SIPDIS 
DEPT FOR AF/S JDIFFILY, G/IWI LKHADIAGALA 
E.O. 12958: N/A 
TAGS: ECON, ELAB, PHUM, PGOV, SCUL, SOCI, KWMN, MZ 
SUBJECT: CHILD MARRIAGE IN MOZAMBIQUE 
 
REF: STATE 36341 
 
1. Mozambique's new Family Law, which entered into force 
in October 2004, sets the minimum age for civil marriage at 
21 for those who marry without their parents' consent. 
Parental consent is compulsory for civil marriage for 
persons aged 18 through 20. With parental consent and under 
exceptional conditions (pregnancy, for example), it is 
possible to get married at 16 years old. The new Family Law 
applies equally for men and women. The new law marks a 
significant departure from pre-existing policy, which 
established the minimum age for civil marriage at 16 for 
boys and 14 for girls. 
 
2. Dependable statistics for child marriage in Mozambique 
are not available. However, a 2003 study by the Mozambican 
Women Lawyers Association (AMMJC), carried out during the 
preparation process for the new Family Law, shows that the 
practice is common in remote rural areas and in Muslim 
communities. Underage marriage is considered more or less 
equally common in the poorer African Muslim communities and 
the relatively wealthy South Asian Muslim community. To 
spread awareness of the new Family Law into communities, the 
Ministry of Social Action organized three regional workshops 
in 2004. In workshop seminars, the Ministry specifically 
focused on disadvantages that early marriage entails for 
girls, such as less access to education and low future 
incomes in agriculture and small business. 
 
3. There are currently no USG-funded initiatives to reduce 
the effects of child marriage in Mozambique. The USG does 
have several development programs targeted toward girls and 
young women. Within the President's Emergency Plan for AIDS 
Relief, USAID carries out a range of prevention and care 
programs targeted to young women; several of these programs 
address basic life skills and choices. On another front, 
starting in FY05, the Ambassador's Scholarship fund will 
provide primary school scholarships and basic educational 
materials to 6,000 economically vulnerable girls. Also, in 
FY04 the Embassy has provided DHRF grants to two community 
organizations that will be disseminating information on the 
2004 Family Law. These programs have potential for 
incorporating discussion of child marriage, but it unclear 
whether such activity would be appropriate in all cases. 
LA LIME