Systemic change needed to stop child marriages

 

From Venessa Sambai Usek and Wan Farihah Ahmad Fahmy

We are very disappointed by the stance of the women, family and community development minister, Rina Harun, to not ban underage marriage.

The minister is the lead policymaker with power and responsibility to improve life outcomes for generations of women and children. She has a duty to safeguard the wellbeing of vulnerable children and women.

This is particularly disappointing given previous government assurances of a roadmap to prevent child marriage.

The current government’s decision to absolve itself of the responsibility of preventing child marriages indicates a lack of care for girls, who are more vulnerable to adverse effects of early marriages, including gender-based violence, unsafe pregnancies and financial instability.

The ministry is doubtless aware of the deleterious effects of child marriages on individuals and society at large.

In a speech for International Women’s Day 2021, Rina had said: “It is a violation of a child’s rights, with negative implications on the child’s ability to fulfil potential and future opportunities, not least that of the female child.

“The ministry’s stand is that children should always be allowed to develop their full potential.”

In the absence of an enduring government commitment to eradicate child marriage, one wonders whether this is mere lip service.

The current situation on child marriages in Malaysia

Apologists for child marriage outline that this practice is not inappropriate, from the cultural and social perspective. The law has put the decision-making power of young girls and boys under the age of 18 on their parents.

Child marriages are considered legal upon parents’ consent in the eyes of Malaysian law — even for customary law in Sarawak.

In 2019, a Sarawakian news portal reported that cases of teenage customary marriages in Sarawak had increased by 10% from 2017 (384 cases) to 425 cases in 2019.

However, child marriages have become a stop-gap measure in dealing with issues of poverty, weak family institutions and teenage pregnancy, which has seen girls being placed at a disadvantage, even in pre-pandemic times.

The Covid-19 pandemic has undoubtedly worsened outcomes for children, particularly girls. A legal ban on child marriage signals that in a Keluarga Malaysia, the most vulnerable members are protected.

Why policies are important

Policies can also be implemented to secure and support the welfare of young girls already in underage marriages. In particular, policies may provide a map to guide community efforts to support those in existing marriages.

Shaping the environment through policies for these girls to flourish will challenge the norms and societal expectations.

Although there are institutions designed to protect pregnant teens, such as Sekolah Harapan, the isolated environment is not supportive enough as it is seen as “an illness to be treated”.

Rina’s calls for more education and advocacy in place of a legal ban on child marriage implies that civil society organisations and family institutions alone are responsible for curbing child marriage.

While advocacy and community education are necessary, robust policies should be formulated as an immediate and sustainable response to child marriage.

Our suggestions to relevant authorities

Sex education in Malaysia should not be seen as a taboo, especially in schools. Age-appropriate and gender responsive sex education in schools allow teachers to conduct lessons that are context sensitive.

Context-sensitive sex education is useful when the target group finds the learning relatable and relevant. We also call for sex education to be implemented beyond the school level.

There should be sex education at the community level by targeting community chiefs and village heads, when counselling in rural areas is inaccessible and expensive.

The community leaders can use the context sensitive information on sex education to advise parents and their children on health risks that come with teen pregnancy or unprotected sex.

Adaptation to certain cultural practices or traditions is necessary when it helps to safeguard our young children’s well-being.

This can be done through collective effort.

For example, the Sarawak Native Customs Council (MAIS) has been lobbying the native community leaders and tuai rumah to set a minimum age limit for Sarawak’s customary marriages.

Admittedly, the pandemic has halted efforts, as surmised from the lack of any official announcement.

It is understandable that customs and religious practices on marriages can be hard to navigate in these modern times.

Nonetheless, the relevant parties should hasten the process of committing to a minimum age limit on marriage for the sake of the most vulnerable girls and women of Keluarga Malaysia. - FMT

Venessa Sambai Usek heads a Sarawak campaign against teenage customary marriages while Wan Farihah Ahmad Fahmy is a gender and social inclusion expert.

The views expressed are those of the writers and do not necessarily reflect those of MMKtT.