UPR Sexual Rights Database

National Report:
Para 111) The Marriages Bill which harmonises all marriage laws, bans child marriages, sets the minimum age of all marriages at 18 and protects children from sexual exploitation is before Parliament.
Para 112) Despite the best efforts of Government to end child marriages, there are a number of factors that tend to militate against progress. These include lack of cooperation by family members of the victim, especially where the perpetrator has promised to pay compensation or bride price, ignorance of the law due to the fact that community awareness campaigns have not yet reached all parts of the country, and belief systems including religion.
Para 113) Government is making efforts to address these challenges by ensuring that all children remain in school by providing compulsory and State funded basic education, broadening awareness raising campaigns, and expediting the processing of court cases, among other measures.

National Report Annex:
A national plan of action to combat the practice of child marriage is being developed.

Despite Government’s efforts to end child marriages, it faces a number of challenges which are slowing down progress. They include lack of cooperation by family members of the victim, especially where the perpetrator has promised to pay compensation or brideprice, ignorance of the law due to the fact that community awareness campaigns have not yet reached all parts of the country, and belief systems including religion. Government is trying to address these challenges by ensuring that all children remain in schooI by providing compulsory and State funded basic education, broadening awareness raising campaigns, and expediting the processing of court cases.

The Marriage Bill, which is currently going through Parliament, will set the minimum age for marriage at 18 years. The Children’s Amendment Bill will safeguard against child marriages and also set 18 years as the minimum marriageable age. Government will enforce these laws once they are enacted.

UN Compilation:
Para 7) … CEDAW expressed concern at the long delays in amending legislation subsidiary to the Constitution and by the remaining discriminatory provisions in the legislative framework, including provisions on marriage and property rights and on the minimum age for marriage.
Para 26) CEDAW expressed concern about the persistence of discriminatory gender stereotypes and harmful practices, including child marriage, polygamy and virginity testing. It was particularly concerned about the widespread impunity for such harmful practices and the absence of convictions in cases of child marriage.
Para 69) CEDAW noted the prevalence of child marriage, with one third of girls being married before they reached the age of 18 years, …
Para 70) The United Nations country team stated that the enactment of the Marriages Bill setting the minimum age of marriage at 18 years was facing inordinate delays. The Children’s Amendment Bill which, when enacted, would criminalize child marriage, was undergoing legislative processes. A national action plan to end child marriage was being implemented.

Stakeholder Summary:
Para 72) Referring to relevant supported recommendations from the previous review, JS2 stated that the HIV/AIDS response was adversely affected by the COVID-19 pandemic which eroded the advancements that had been made.
Para 83) … ECLJ stated that in the rural regions, poor families, especially amidst the worsening poverty aggravated by the COVID-19 pandemic, would often forcibly marry off their daughter to receive financial compensation in the form of a “bride price” that was paid to the family by the groom.
Para 84) JS21 stated that the legislation and the policy and institutional framework that were adopted to combat gender based violence was commendable, and considered relevant supported recommendations from the previous review to have been partially implemented. JS14 stated that there was a notable lack of implementation and a general lack of awareness of the legislation on sexual and gender-based violence and domestic violence. JS19 stated that women continued to suffer all kinds of violence and that political violence against women has increased. JS21 noted that that gender based violence has worsened with the introduction of COVID-19 related lockdown measures.
Para 88) JS19 stated that a sharp increase in teenage pregnancy and child marriage was reported during the COVID-19 related lockdown. JS14 stated that there was no government plan to address teenage pregnancy and early marriage.

Stakeholder Summary:
Para 19) JS7 noted the existence of laws that discriminated against persons based on their real or imputed sexual orientation, including Section 78 of the Constitution, which restricts marriage rights to heterosexual relationships, Section 73 of the Criminal Law (Codification and Reform) Act, which criminalises consensual same-sex sexual relations regardless of the age of the persons, and Section 14(1)(f) of the Immigration Act, which classifies “homosexuals” as prohibited persons. In addition, other laws which although were prima facie neutral, have been weaponised by law enforcement officials, including Section 41 of the Criminal Law (Codification and Reform) Act, on disorderly conduct and Section 46 of this Act on criminal nuisance. JS7 stated that the criminalization of consensual same-sex relations lay at the heart of the human rights violations perpetrated against LBGTI persons.
Para 20) Noting that in the previous review, recommendations relating to equality and nondiscrimination on the basis of sexual orientation, gender identity and expression did not enjoy the support of Zimbabwe, JS1 stated that the current context characterised, inter alia, by poverty, unstable fiscal policies and religious fundamentalism, perpetuated stigma and discrimination against women and LGBTI persons.
Para 21) TIRZ stated that the criminalization of HIV transmission, consensual sex between adult males and sex work increased the stigma and discrimination faced by people living with HIV and LGBTI persons.
Para 22) JS7 noted the absence of legislation allowing for transgender persons to change their gender marker on their identification documents.
Para 73) JS9 stated that stigma and discrimination by health service providers denied transgender and intersex identifying persons their rights to health care. Additionally, the public health services did not provide affirming health services for transgender and intersex persons.