- The complexity of the national law making it difficult to effectively combat the
sale of children, child prostitution and child pornography of children;
- The scarcity of prosecutions and impunity;
- The social tolerance as well as poverty evoked to justify that tolerance.
434.Taking into account the recommendations of the Special Rapporteur, the Ministry of
Justice supported by UNICEF and the IOM organised a workshop to develop an
inclusive Bill affecting all forms of exploitation including national and transnational
trafficking, sexual exploitation including children, domestic trafficking, exploitation of
other people’s begging including children, forced marriages and organ trafficking.
e. Children victims of harmful, social and cultural practices affecting the welfare,
dignity, normal growth and development of the child
i.
The betrothal of girls and boys (article 21.2), early and forced
marriage (article 21.2)
435. With regard to social and cultural practices as stipulated in Article 21 of the
Charter, one should mention the persistence of discriminatory practices against girls
who are subjected to the practice of "moletry"
436. The "moletry" practiced in some North West localities, is a conditional marriage
based on the donation or donation pledge (moletry) made by the groom to the bride's
family, consisting of some amount of money and cattle, according to what is agreed
during the negotiations: the value of the donation is often determined by social
status, age and the beauty of the bride to be.
437.Practiced against a girl under the age of 18, the moletry is considered a case of
child mariage.
438.The donation, specifically zebu, become part of the wife’s family asset after a year
of union (volambita), if the wife is not involved in any misconduct or act of dishonesty.
439.Parents are the beneficiaries of the dowry offered in the context of the moletry. In
case of any wrong doing attributed to the woman subjected to moletry, the dowry is
not due.
440.In 2008, in order to combat the moletry, the Ministry of Justice, supported by UNDP,
commissioned a study through Miaramita firm aiming to:
- Determine the magnitude of the phenomenon especially concerning girls;
- Develop a roadmap for the elimination of child marriage through the moletry
441.Following the results of the study, the Ministry of Justice organised a workshop
involving all stakeholders including justice, police, health, education, as well as local,
traditional and religious authorities to combat the moletry practice against girls under
the age of 18. It also aims to obtain their commitments followed by an action plan to
eradicate the moletry.
67