Penn – UNICEF Summer Program on Advances in Social Norms and Social Change “Early and Forced Marriages in Afghanistan” By Gopal Sharma 1. Introduction Early and forced marriages are still prevalent in Afghanistan and also justified by certain interpretations of Islamic texts and traditions. A significant portion of rural girls marry young due to cultural and religious beliefs and poverty, which is detrimental to their health and development. It subjects them to pregnancy and childbirth before they have reached physical maturity, a circumstance that often produces serious physical trauma, psychological disturbance, and sometimes lifelong physical and/or emotional incapacities. Reports by non-governmental organizations such as Medica Mondiale and UNICEF describe 57% of Afghan girls are forced to marry before the age of eighteen. Pregnancies of under eighteen years girls are relatively common in Afghanistan. Afghanistan has the second-highest maternal mortality ratio in the world (1,600 per 100,000 live births). Infant and under-five mortality are also high, at 129 per 1,000 live births and 257 per 1,000 live births, respectively. In Afghanistan marriage is regulated by civil law, various interpretations of Shariah law, and traditional and customary practices. Civil law sets the minimum marriage age for females at 16, but it permits a father to marry his daughter at age of 15, if he so chooses. Shariah law sets the minimum age for females at 15. Customary practices approve marriage at earlier ages. In the legal system Civil law takes precedence over both Shariah law and customary practice and civil law is enforced in case of any contradiction. The Shariah law is applied only in matters not specifically set forth in the civil codes. To respond to the issues relating to early and forced marriages UNICEF Afghanistan office has been working with the government and NGOS on the abandonment of child marriage. This is done through supporting the government to develop laws and policies to protect children. UNICEF has facilitated the establishment of Child Protection Action Networks (CPAN) in 2007; some communities have begun reporting child marriage, which is facilitating advocacy and prevention against the practice, as well as action, in some cases, taken to cancel marriages. Youth Information and Contact Centers (YICC) have also been used for raising awareness against this practice. Family honour and social expectations play a powerful role in perpetuating early marriages, making it difficult for individual families as well as individual girls to abandon on their own. Even when parents recognize that early marriage can cause serious harm, but they believe it a lesser harm than the social sanctions and moral judgments that would be directed at the girl and her family if they were to refuse to undertake it. The principle motivating force behind the practice, therefore, is the desire to protect girls and to give them the best possible chance to have a proper future. Husband’s motivations for young girls are primarily their preference for young girls and getting married as it is not always possible to get married at an older age. The issue of early marriage in Afghanistan is similar to some extent to the case study of Kishori Abhijan project on the “empowerment of Adolescents” in Bangladesh. The situation of girls in this case study to a large extent be compared to the current situation of girls in Afghanistan. Girls in both countries are likely to be pulled into underage marriage through arranged relationships and dowry practices. Girls are usually either not sent to school or are withdrawn from schools to be married. This paper is a preliminary examination of some of the dimensions of causes of child marriage in Afghanistan and its consequences. It will also help promote such efforts to bring child marriage to an end, and so ensure that a greater proportion of Afghan girls have their basic rights respected. 2. Impact of early marriages The Afghanistan Independent Human Rights Commission (AIHRC) annual report on the status of human rights in Afghanistan indicates that runaways; suicides; selfimmolations; murders; sexual perversions; and psychological disorders are amongst the many negative consequences of child marriage. These also include the increase of maternal and child mortality rates, and the low level of education for women which has a long term effect on the role these play in the country’s political, social, and economic life. According to a United Nations Children’s Fund (“UNICEF”) report, girls who marry during their childhood do not develop properly, neither physically nor psychologically. They are frequently denied access to education and are subject to different types of diseases arising from abnormal births and isolation. Child marriage also has negative consequences from a physiological point of view. A child who marries before puberty will face severe health problems. In addition, because of the lack of awareness of both or one of the parties, child marriages result in the spreading of sexually transmitted diseases. Sociologically, a girl who marries before eighteen loses her chances to obtain a higher level of education. Her access to social and vocational successes is jeopardized and the role and contribution of women in the society’s progress is diminished. Illiteracy amongst women and low enrolment level of girls in the schools and universities are the results of child marriages. In addition to the direct consequences on the woman’s situation, child marriage is also a threat to her family’s health and development. A child bride is unable to face her responsibilities and properly raise her children. In addition, she will not be able take care of her own health, because she is in an age at which others should pay attention to her and take care of her health. Child marriage is the cause of obstetric, physical, and psychological diseases and disorders in women but also carries consequences on their children. Most of the girls who are forced to childhood marriages face domestic violence and deprived of their right to continue their education and work. 3. Cause of early and forced marriages in Afghanistan A variety of factors may lead to early and forced marriage. Parents: The major factors for father’s decision of early marriages of his daughters are due to social pressures, financial problems/financial gains, honor and prestige, etc. Particularly in the rural areas and parents being illiterate they think that it would be better for them to marry their daughters at an early age which will be in line with current social norms. People think it would be easier to marry their daughter young and would be very difficult to marry at an older age. So the parents also feel that if they do not marry their daughter early this would imply a set back to their honour and prestige in the society as they could not marry their daughter at an age which the society recognizes as appropriate though against the law of the land. The parents face a situation of social dilemma which makes them to prefer for early marriage of their daughter as marrying their daughter at an older age would be very difficult. Sometimes, parents are made to marry their child daughters to repay their outstanding debts. This illustrates the weakness of the dominant social system and the government’s inability to implement the rule of law and to bring social welfare. Influence and power of husbands is another reason for early and forced marriages of girls. This reason for early marriage is driven by social pressure and coercion. They feel if they do not marry their daughter they will miss the opportunity which will position them in a better place after the marriage. This at times results into marrying their daughter to much older man. The parents think that this marriage will be good for them and for their daughter though this is worse for their daughter and against the law. Brides: Young girls do not have any say as they are under social pressures from their parents and family. Even against their wishes they are married forcefully and at times these girls try to run away which increases the risk to their life. Social norms and sometime law also go against them. These girls are mostly illiterate and find themselves under social dilemma of staying under forced marriage or runaway and risk their life. Older girls are less marketable Grooms: The social norms go in favour of grooms as it is accepted in society and law also supports them once they are married. There are no social sanctions against the grooms after the marriage with a younger girl. Men marrying younger girls give them social status and brings them honour and prestige. Another wrong presumption is that the older girls may not be virgin. The educated girls are better placed to resist social pressures and resulting exploitation of early marriages. 4. Understanding some theoretical analysis of early marriages We need to understand what motivates the people in Afghanistan to follow early marriages. “The very existence of a social norm depends on a sufficient number of people believing that it exists and pertains to a given type of situation, and expecting that enough other people are following it in those kinds of situation” (Bicchieri 2006). The people mainly illiterate and in rural areas of Afghanistan have conditional preferences for obeying this norm of early marriage having expectations about other people’s conformity. Such expectations and preferences result in collective behaviours that further promotes follow up of early marriages. To apply social dilemma theory to early child marriage an initial assumption is necessary –– that parents care about their children and ultimately want to do what’s best for them. In a community where nearly all girls married early, families choose to marry their daughters early to ensure the social status of the family. If, on the other hand, parents break with social expectations, their daughters will not marry, and families will be rejected by their communities. Under these conditions, early marriage is perceived as the best choice to ensure their daughters have a positive future. The social convention theory explains not only why daughters and their parents continue to choose early marriage but also why it is so difficult for individual girls or families not to marry early on their own. Families will end early marriage of their daughters only when they believe that most or all others will make the same choice at the same time. A moral norm is a general rule personally motivated, such as to be a good parent, or to do no harm. It is commonly found across different groups and endures over time, but it is often implemented in different ways according to the particular circumstances. The moral norm, “do what is best for your child,” motivates families in some social contexts to marry their daughters early. However, once an alternative becomes possible within a community and people realize that the community might be better off jointly abandoning this practice, it is this basic value – to do what is best for their children – that also motivates communities to abandon the practice. When provided with credible new information and with the opportunity to reflect upon it together, families choose to change their practices in order to realize their basic values more coherently and more fully. 5. Programmatic response to early and forced marriages An insight into the theory of norms will help to prepare a programmatic response to this bad social norm of early and forced marriages in Afghanistan. There is a need of holistic approach which includes a study of when and why the people in Afghanistan follow early marriage and what prevents this social norm being followed. Understanding of how to move away from this bad social norm we have to know what makes people obey it, and under which conditions they will disobey or even abandon this norm. We need to determine which beliefs are consistent with behaviours of each duty bearer involved in early marriages and what are the conditions for this social norm to exist. The practice of early marriage is followed in Afghanistan as a sufficiently large number of individuals, empirical and normative expectations (as analyzed and discussed above) are met and, as a result such individuals prefer to marry their daughter early. UNICEF Afghanistan needs to continue its efforts to prevent early and forced marriages through reinforcing the promotion of girls’ education. A project similar to Kishori Abhijan project may also be considered for promoting the rights of adolescent girls and combating rights violations such as child marriage and dowry. Legal and Policy Framework: Legislation and enforcement The Government of Afghanistan needs to establish 18-year as the legal age of marriage for girls instead of sixteen years, and ensure its implementation through review of (civil law and customary law) and reform of legal and policy framework for provision of strict legal sanctions against the offenders. Promotion of birth and marriage registration will help enforce these laws. As there is wide spread confusion around the legal age of marriage and knowledge of legal sanctions against violations of marriage age it would be important to raise awareness on the laws and policies, rights of the girls and boys. Increased awareness can motivate the communities to abandon the practice. Government commitment and capacity To address this problem of early and forced marriages, the role of government and civil-society institutions is to develop and implement systems to prevent or discourage this practice. As child marriage is closely associated with poverty, the government commitment to poverty reduction is likely to lead to a decrease in child marriages. Social change: Attitudes, customs and practices We need to understand the attitudes, customs and practices through increased understanding of the networks in Afghanistan. Abandoning early and forced marriage is challenging because even parents who understand its negative impact may find it hard to resist economic and societal pressures and traditions. Addressing social attitudes and customs that promote or condone the practice is vital to changing the acceptable age for marriage. Open discussion and debates on early marriages UNICEF continues to promote communication campaigns which can help facilitate discussions on traditional beliefs about marriage and examine underlying empirical and normative expectations. These debates may help to foster behavioural change from within communities through emphasizing human rights. Reinforce children’s life skills, knowledge and participation UNICEF needs to reinforce children’s knowledge and empowerment particularly for girls. Educated girls are less likely to agree to marry at a young age. UNICEF needs to further strengthen its efforts to close gender gaps in education including establishment of child-friendly schools, and the expansion of non-formal education. Develop capacity of families and communities Special efforts are necessary to develop the capacity of families and communities in collaboration with community-level organizations and NGOs. The capacity building of families and communities can create dynamics leading to a change in customs, hierarchies and prejudices linked to the tradition of child marriage. Provision of essential services (including prevention, recovery and reintegration) It is important to promote preventive services against abuse and exploitation. UNICEF may consider to further support through CPAN recovery and reintegration for young girls who run away from early and forced marriages. Moral values and relationships We need to enrich our understanding of relationships and kinds of relationship. Individuals are connected through relationships and form multiple networks. The network thinking can help us uncover the relevant population of individuals whose expectations drive the social norm of early marriage. Through networks we may reinforce positive moral values relating to marriages at appropriate age. We may generate debates through elders, religious leaders and opinion makers at community level to convince people to abandon this practice and reinforce moral sanctions against early marriages. 6. Conclusion Early and forced marriages in Afghanistan are serious child rights violations and need to be tackled though in-depth study of the moral, social and legal norms promoting these practices. Focused programmatic response need to be implemented by reinforcing interventions for social change which will address these child rights violations in a sustainable manner at community level through ownership of elders, religious/community leaders, and public opinion makers and by strengthening regulatory mechanism (which include legal, social, and moral norms).