The CEDAW Committee has stated:
Many States parties lack either a legal requirement of marriage registration or
implementation of existing registration requirements, and in such instances
individuals should not be penalized for failure to register [emphasis added],
including where lack of education and infrastructure makes registration difficult.130
And:
States parties should provide for establishing proof of marriage by means other
than registration where circumstances warrant. The State must protect the rights of
women in such marriages, regardless of their registration status.131
It has recommended that “[u]nregistered marriages may be substantiated by production
of a marriage contract, witness accounts of the rituals or other means, as appropriate in
the circumstances.”132
The CEDAW Committee has also held that bride price (lobola, in Zimbabwe) is a violation of
a woman’s right to freely choose her spouse, stating: “This practice should not be in any
way required in order for a marriage to be valid, and such agreements should not be
recognized by the State party as enforceable.”133
The CEDAW Committee furthermore concluded that polygamy is contrary to CEDAW and
must be “discouraged and prohibited.”134 In Zimbabwe, however, the practice has not
been discouraged or prohibited and is in fact condoned and sanctioned by national law.135
130 Committee on the Elimination of Discrimination against Women, “General recommendation on article 16 of the
Convention on the Elimination of All Forms of Discrimination against Women (Economic consequences of marriage, family
relations and their dissolution)” UN. Doc. CEDAW/C/GC/29, 30 October 2013,
http://hrlibrary.umn.edu/gencomm/CEDAW%20Gen%20rec%2029.pdf (accessed July 26, 2016), para. 25.
131 Ibid., para. 26.
132 Ibid., para. 20.
133 Ibid., para. 33.
134 Ibid., para. 21.
135 See, Customary Marriages Act, sec. 3(1); Administration of Estates Act, cap. 6:01, sec. 68F(2)(c).
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