How CA delegates clashed over minimum age for marriage

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The Constituent Assembly (CA) made history when it agreed that 18 years will be the minimum age for marriage in Uganda. The decision came after a long and emotional debate as delegates worked to give the country a new Constitution.

By choosing 18 years instead of the unclear words “full age” that were in the draft, the assembly gave clear protection to young people, especially girls, against child marriages. The ruling was a big step in showing that the new Constitution would stand for human rights, equality and the protection of families.

The decision came as the CA debated Article 31 relating to the family. Delegates agreed that both men and women who have attained 18 years shall have the right to marry and found a family, with equal rights during marriage and at its dissolution.

Crucially, marriage must be entered into with the free consent of both parties. The draft Constitution had used the vague term “full age” to describe eligibility for marriage.

However, several delegates pushed back, saying the phrase was too ambiguous. Juliet Rainer Kafire (Kibuuku), supported by Margaret Nantongo Zziwa (Kampala) and Hope Mwesigye Ruhindi (Kabale), led the call for an amendment.

Zziwa argued that “full age” could be twisted to mean any culturally recognised stage of maturity, which could open doors to child marriages.

“By stating clearly ‘18 years and above’, we are protecting our children and giving certainty to the law,” Zziwa said.

Mwesigye added that using “man and woman” instead of the neutral phrase “intending parties” was necessary to avoid ambiguity.

“The term ‘intending parties’ can be read to mean parents or guardians, or even stretch to homosexual unions,” she said, adding: “This amendment ensures clarity that it is about a man and a woman.”

On her part, Jennifer Nabafu (Mbale) reminded the CA of the harsh reality faced by many girls, who are forced into marriages without consent.

“Many young girls are married off to men chosen by their parents. They suffer silently. This Constitution must protect their right to choose,” Nabafu said.

Yet not all delegates were satisfied. Besweri Mulondo (Mityana South) sought to insert the phrase “in accordance with the culture”, arguing that cultural norms must be respected.

He cited the Kiganda culture, where boys are forbidden from marrying within their mother’s clan, as an example of important traditions that should not be overlooked.

But the proposal was met with strong resistance. Other delegates warned that opening the door to “culture” in the Constitution could entrench harmful practices like child marriage.

The amendment was firmly rejected as the debate stretched beyond marriage age.

Delegates also agreed that parents have a natural duty to care for their children, and that children should not be separated from their families except by lawful means.

Ben Wacha (Oyam county) successfully pushed for an amendment guaranteeing this right in explicit terms. But Amama Mbabazi (Kinkizi East) opposed it, saying the draft language already covered the matter and the new wording was unnecessary.

Despite his objection, the amendment sailed through. The CA had not only set a clear legal marriage age but had also affirmed principles of consent, equality and family protection.

For many delegates, this was a victory for Uganda’s future. “We are building a foundation where the dignity of women and children is respected,” Zziwa remarked after the session.

CONSTITUTIONAL RULE

When the National Resistance Army (NRA) overran Kampala under the leadership of President Yoweri Museveni, the journey to transitioning to constitutional rule started almost immediately with the issuing of Legal Notice No. 1 of 1986.

The legal notice established the legal framework for the NRM Government, vesting legislative powers in the National Resistance Council and outlining the code of conduct for the NRA.

The CA, which comprised representatives elected by the people under the chairmanship of James Wapakhabulo on September 22, 1995, promulgated the Constitution, effectively replacing the one of 1967.

In the run-up to October 8, New Vision will publish stories that showcase the country’s progress under the 1995 Constitution.

VISION GROUP MAGAZINE

To commemorate the 30th anniversary of Uganda’s Constitution promulgation, Vision Group will publish a comprehensive magazine that highlights the milestones covered under the 1995 Constitution.