The Sunday Mail
Mr TOMANA
The Prosecutor General Mr Johannes Tomana’s comments which suggested that minors under the age of 16 can consent to sex and marriages are a violation of children’s rights and therefore he should issue a public apology over the remarks, the Zimbabwe Human Rights Commission (ZHRC) has said.
The ZHRC, whose mandate is to guard against human rights violations, becomes the latest voice to criticise Mr Tomana over the utterances that have sparked widespread condemnation and raised the ire of child protection groups.
In a statement availed to The Sunday Mail last week, ZHRC said Mr Tomana should immediately retract his remarks and issue a public apology to ensure the justice system is properly guided on the matter.
“The Commission therefore calls on the Prosecutor-General to immediately retract his statements, if indeed he uttered them, or was unequivocal in his remarks so as to raise misconceptions and misperceptions, and issue a public apology to the nation on the alleged unfortunate and misleading remarks on the age of consent and marriage in Zimbabwe, so that the justice delivery system is properly guided on this issue.”
ZHRC said it “condemns in the strongest terms” Mr Tomana’s remarks, which have the effect of undermining measures being undertaken by the Commission and other stakeholders to raise awareness on child marriages.
According to ZHRC, the legal age of consent to sex remains at 16 as stipulated by Constitutional provisions, which will be backed by specific Acts that are currently being processed.
“Mr Tomana is reported to have suggested that girls as young as 12 years of age should be able and be free to consent to marriage if they are not in school and have nothing else to look forward to.
“The ZHRC notes that according to pieces of legislation which have not yet been aligned to the Constitution such as the Criminal Law (Codification and Reform) Act Chapter 9:23, the age of consent remains at 16 years.”
The Commission said Mr Tomana’s statements disregard principles on children’s rights and child protection, as well as international conventions that Zimbabwe has ratified to guard against exploitation of young people.
“In light of this, the alleged statements by the PG are in violation of children’s rights, disregard the principle of ‘best interests of the child’ as espoused in the Constitution of Zimbabwe as well as in regional and international conventions and are against international developments on child protection.”
Last weekend, President Mugabe said Government would soon outlaw marriage below the age of 18.
The ZHRC said this pronouncement should give direction on the correct age for sexual consent.
“The Commission is encouraged by the statement of His Excellency, the President of the Republic of Zimbabwe . . . that Government would soon outlaw any marriage with persons below the age of 18.
“The Commission acknowledges the statement by His Excellency the President as a highly positive step in providing direction to addressing the problem of early marriages, sexual offenses against children, appropriate prosecution of offenders and alignment of laws on age of consent to the Constitution, and as a clear indication of his appreciation of regional and international norms and trends in protecting children which Zimbabwe must conform to.”
