DRY
ON CHILD MARRIAGE: SOLVING THE CONSEQUENCES AND POLICING THE RIGHT POLICIES
INTRODUCTION
Movie
Name- DRY
Director:
Stephanie Okereke Linus
Major
Cast: Stephanie Okereke Linus, Liz Ameye (Benson), William McNamara, Darwin
Shaw, Lu Jacobs, Paul Sambo, Zubaida Ibrahim Fagge
Release
Date: (Nigeria) 14th August, 2014.
Running
time: 115 Minutes
Settings:
Nigeria and Wale
Overview
Overview
Human
rights are fundamental for the existence of humanity because every human is vested
with some form of inalienable rights that everyone in the society is bound to
respect. These rights are expected to be exercised and enjoyed without any form
of discrimination being that all persons are born equal, whether big or small,
woman or man. Rights define every human and the beauty of their existence. Without
rights, the society will be chaotic and full of conflicts, as servitude and slavery
will be the order of the day. This is not good for any society yearning for civilization.
Before current modernization sets in, the world was clouded with the dark times
of Master and Slave relationship. In those days, only some privileged few were enjoying
some basic rights with the slaves enjoying little or no rights at all. This
made rights a privilege to wish for, rather than a right itself. British Poet,
William Coper (1731 – 1800), on ‘Table
Talk’, said: Freedom has a thousand
charms to show, that slaves, howe’er contended, never know. Even as society
advanced, that is, as slavery started becoming more than archaic, women started
struggling in the web of ‘whether or not they are entitled to certain rights’,
such as, the right to vote and be voted for, the right to the possession of
property and so on. In Africa, most precisely Nigeria, it is even of recent
that the society started accepting this reality, even though cultural
relativism still remains a hard nut to crack. The decision of the Nigerian Supreme
Court in the case of Mojekwu v. Mojekwu,[1]
went a long way to define clearly the equal rights of women in our society. However,
as earlier opined, cultural relativism is one quagmire that need to be
addressed. Andrew Mellon Professor at the graduate School of International
Studies, University of Denver, Jack Donelly, extensively discussed the concept
of cultural relativism in his work: “Cultural Relativism and Universal Human Rights,
(1984)[2] as
well as the “Relative Universality of Human Rights”,[3]
where universality and cultural relativism were placed side by side and argued.
Bonny Ibhawoh, Assistatant Professor of the McMaster University in his work: “Between Culture and Constitution: Evaluating
the cultural Legitimacy of Human Rights in the African State” made similar
findings on the discourse. In the Indian case of Sushila Gothala v. State of
Rajasthan,[4]
the court was explicit when it stated that the social evil of child marriage
can be eradicated only if the people revolt against the custom”. Africa has
numerous cultures that cannot be easily abandoned owing to the fact that they
are rooted in deep beliefs. One of such cultural practices is the practice of
early child marriage. Child marriage is an act of getting a female below the
legal age of adulthood which is 18, married to a child of same age range or an
adult. Article 1 of the Convention of the
Right of the Child[5] defines
a child to mean every human being below the age of eighteen years unless under
the law applicable to the child, majority is attained earlier. Child’s not
Brides (CNB) on the other hand, defines child marriage as any formal marriage
or informal Union where one or both of the parties are under 18 Years of age.
According to CNB, each year, 15 million Girls are married before the age of 18.
That is 28 girls every minute, 1 every 2 seconds.[6]
United Nations Population Fund went further to state that one in every nine is
married under age 15.[7]
Child marriage is a common practice in the Northern part of Nigeria where young
girls are given in marriage at a tender age. This practice has been condemned
by most civilized countries of the world including Nigeria even though
practiced by some radical traditionalists in Nigeria because of religion
beliefs. The practice is not just condemned because the girl child has not come
of age but because of the health and psychological effect the act may have on
the child and her womanhood. Such a child’s life will be stigma stocked. These
effects can last for a lifetime if it doesn’t lead to the eventual death of the
child involved. Books upon books have been written on the right of the girl
child. Movies have also been shot about the girl child, one of which is “DRY”.[8]
Movies primarily are acted to entertain the audience, however secondary and
beyond, some movies have many stories to tell and many more moral lessons that
can also be learned from books. This review will be focusing on the movie, DRY
with a thorough discuss on the right of the girl child marriage, and its
consequences and how the implementation of the right policies will lead to
relative peace in our society.
PLOT SUMMARY:
Set
in the Wales and Nigeria, Shephanie Linus’ Dry, tells the story of a Girl child
by name Halima, the daughter of One Dr. Zara, who suffers from the consequences
of early child marriage and losing her life in the process. The movie is
inspired by the true life story of a woman the director, Stephanie Okereke
Linus, met some years back.
STORY NARRATION:
Zara
grows up in the northern part of Nigeria. Her parents are killed and so she is
forced to live with her aunt. Mr. Musa the husband of Mrs. Musa, Zara’s aunt,
started fixing his eyes on her, in an awkward way. In his lust, he rapes Zara.
Zara explains this to her aunt who drives her away into the streets in the
cold, claiming her husband is innocent. Zara, who is already pregnant, is taken
in by one Madam Kojo, who is an expert in human trafficking. Madam Kojo takes
her in and engages her (Zara) in prostitution. Zara doesn’t like the idea, but
being naïve she can only wish for God’s grace. Madam Kojo eventually prepares a
young man for Zara. Zara is now expected to have her first encounter with a
rich folk, a patron of Madam Kojo. Zara who
cannot bear the thought of a man sleeping with her, bites the ear of the man.
This leads to the beating of Zara as Madam Kojo asks her thugs to deal with her
mercilessly. Soon Zara becomes due. She puts to birth a bouncing baby girl.
Madam Kojo who has a better plan for the baby, sells the baby to one Mrs.
Ibrahim who is in dare need of a baby. Zara lives on, believing her baby is
dead. Zara has to suffer from a complication known as Vesicovaginal Fistula as
a result of the complications suffered during delivery. This causes her to bed-wet
anytime she sleeps. Madam Kojo can no longer bear it and therefore chases her
out of the house. Zara becomes homeless and is picked up by a medical doctor
who always visits Africa for missionary trips, but resides at Wales. Zara grows
up and is educated to be a successful medical Doctor.
Meanwhile
in Nigeria, Zara’s daughter who was brought up by Mrs. Ibrahim, is married to
one old man, Sani, at the age of thirteen (13) causing Halima’s childhood to be
stolen from her. She is married, not just married as a minor but as the fourth
wife. On her first night, Old Sani forcefully sleeps with her resulting to the loss
of her virginity at 13 in a child marriage. Nine months were due and a quack midwife
ministers on her using a razor to cut sensitive organs of her body. This leads to the death of her child and her having
Fistula which is the same ailment her mother, Dr. Zara, suffered from years
back. She starts bed wetting, making her husband’s household to be
uncomfortable. Owing to the fact that the cause of her ailment cannot be
explained by the villagers or her family, she is accused of witchcraft and is
chased out of the house into the cold. Fatima, the first wife of old Sani, who
loves her, takes care of her in an old building while she was suffering from
isolation and a life of rejection. No one associates with her, for she was
believed to be a cursed child. Help is sort for, but none is forth coming.
Zara
arrives Nigeria as a missionary medical doctor, after her adoptive mother falls
ill. She visits where Madam Kojo used to live only to find out that Madam Kojo
no longer stays there. She eventually locates Madam Kojo only to discover that
Madam Kojo is suffering from stroke, she talks only once in a while. Zara meets
Madam Kojo’s daughter who tells her that her mother regrets all she had done. Madam
Kojo eventually speaks and Zara and Madam Kojo’s daughter visits Mrs. Ibrahim
in her husband’s house. The real story is revealed about who the true mother of
Halima is. Mrs. Ibrahim denies it all. Halima’s suffering continues. The whole village
does not want to associate with her save her adoptive mother and Fatima, who
has been threatened by her husband Old Sani, should she help.
A
certain girl observes Halima’s condition and feels pity for her because she had
similar issue of fistula but gets DRY (well). Halima’s health worsens and she
is taken to the hospital by her adoptive mother and Fatima. Reaching the
hospital, Mrs. Ibrahim discovers that Zara, the true mother of Halima, is the
one expected to save Halima’s life. The operation is successful. Mrs. Ibrahim couldn’t
bear it as she tells Halima that Dr. Zara is her true mother. The hands of
Halima could only touch the cheek of her mother when she finally gives up. Zara
weeps for the death of her daughter. However, the death of her daughter encourages
her to do more. Zara speaks against the government that has undeveloped the
health sector. Zara start speaking for the right of the girl child with so much
zeal. This is a woman who saved many lives but could not save her own flesh and
blood. The government feels threatened and therefore invites Dr. Zara to the
National Assembly to speak to the parliamentarians. Zara speaks thus:
“Thank you, honorable
speaker, for this wonderful opportunity. I am standing in front of you today,
not just because am a woman, but first, I am a human being and as such, my
fundamental human right must be protected.
The African woman can be described as the most endangered species of our
world. Culture conditions have put her[9] to
a life of submission, and subservient against her natural inclinations for
freedom and self-determination. She is
at birth, a child to be loved and cared for but as she gains age and
consciousness of her environment, an archaic tradition reduces[10] her
social value to a mere object to be used and given away to almost anything, to
almost anybody. That am alive today is a
miracle. You all may wonder what my story is. My daughter Halima, died in my
arms few days ago from fistula. She was rushed to the hospital almost in a
state of comma. Fistula has resulted in giving her septicemia and then she
died. I am a medical doctor. I have saved many lives. But the one person that I
cared about, the one I wanted to just tell how much I loved her, the one person
I could have ever given everything for, or could have done anything for, ended
up dying in my arms. And you know what? I am not different from all this women
who go through this trauma every day. I am just lucky. My parents died or
rather they were killed by the rebels who invaded our village and killed
everyone. I escaped. I ran to my Aunty’s house, but she wasn’t pleased to see
me. Her husband was nice to me at first.
Showered me with gifts, looked at me in awkward ways I did not understand until
eventually….[11]
My aunty had to chase me away. I found myself on the street. I was hawking and
then two men kidnapped me and took me to a woman called madam Kojo. And Madam
kojo who felt she owned me and could do anything with me, forced me into
prostitution. And it was at that point, I realized that I was carrying my
uncle’s child. Well Madam Kojo had her plans. She had all the plans. She lied
to me that my baby died, and then I developed fistula. I felt so ashamed that I
meant nothing. I believe everything my aunty told me that I was evil, that I
killed my parents, that I allowed my uncle to rape me, that everything
happening to me, I deserve it, that I am such a horrible person. But you know
what? The death of my daughter made me realize that, No, I don’t! I don’t
deserve it. I deserve to be happy. I deserve to be protected. I deserve to be
loved. Just that I wish I could show the love that I got from my adoptive
mother to my daughter who found me on the street, repaired me of fistula and
changed my life. Today I stand before you, to speak for the rights and welfare
of the daughters of Africa. To speak on the abuse on induction, to the status
of material gifts especially at tender age, the practice of underage marriage,
female circumcision, lack of access to medical care and education and the gross
abuse of womanhood. I insist that our final and most decisive anti fistula
effort should commence now. Time has come for us to put a stop to this menace.
Time has come for us to save ourselves… We need to enforce the Child Rights
Act. We need to pass the National Health Bill, create an agency for the
eradication of fistula in other to achieve our millennium development goals,
and in all I beg you, please, let these young girls have their childhood,
because when it’s taken away from them you can never get it back. And in all of
this today, I confront my abuser, who amazingly is one of you, Honourable Musa
Abdulahi. I urge the National Assembly not only to grant me the wishes of these
women, but also to bring to judgment, Honourable Musa for the crime he committed
to a young girl many years ago.”
DRY, ON CHILD MARRIAGE
The
foregoing summarizes the narration of the movie, DRY. The movie exposes the
menace of child marriage and its consequences. As seen in the movie, Dr. Zara
had to visit a shrink always to calm hers nerves down. This was because of the
psychological effect her experience produced. Child marriage is a kind of child
abuse which invariably means Dr. Zara was indeed abused at a young age. The thought
of it always led to tears even at a tender age. It is no gain saying that Halima’s
death was as a result of her abuse. Many young girls all over the world had
been subjected to the same emotional torture that has amounted to unimaginable
consequences in their lives. Although, the story of Halima may be a fiction,
fact is the story depicts the similar if not the exact story of many girls in
our world. Aggressive frustration which is transferred is one goal of this
soccer of abuse following the Frustration Aggressive Theory of conflict, and
this is certainly conflict connected and a threat to world peace. In the book: “Child Marriage and the Law”, compiled
by United Nations Children Fund (UNICEF), it was stated that evidence shows
that child marriage is a tool of oppression which subordinates not just the
woman but her family. Not only does child marriage perpetuate an
inter-generational cycle of poverty and lack of opportunity; it reinforces the
subordinated nature of communities that traditionally serve the powerful
classes by giving a girl child in marriage to an older male.[12]
Domestic violence is one consequence discussed in the series. The US Department
of Health and Human Services, Administration for Children and Families, 2005,
data shows that Psychological maltreatment had a total of 63, 497 cases which
is a total of 6.2% and Sexual abuse alone, 83, 810 cases which is 8.2%, unknown
cases running over 9,000. Thus, beyond the reduction of the societal value
which is an affront attack on a universal treasure and the injury it causes to
the dignity of her person (Girl Child), whosoever may be the person in test, child
marriage is a major cause of physical and emotional violence which is an
antonym of all kinds of peace. This, perhaps and more, must have inspired the
International community to make moves to solve this problem.
SOLVING THE CONSEQUENCES AND
POLICING THE RIGHT POLICIES
The
United Nations majorly has been at the fore, protecting and promoting the right
of the girl child. Non-Governmental organizations too have been instrumental to
that effect such as Amnesty International, Human Right Watch and Peace
December, most precisely Peace December, Nigeria. The United Nations adopted
for the first time a resolution on child, early and forced marriage at the
human rights council of the UN.[13] It
was co-sponsored by a cross-region of over 100 countries. This was considered
for the international development agenda for post-2015. Many countries in
Africa such as Angola, Benin, Congo, Ghana, Egypt, Morocco, Tunisia, etc., were
present at the resolution with Nigeria in absentia.[14] Apart from resolutions by the UN, and seminar
as well as forum talks, certain principles of Jus Gentium and Jus cogens
that help project the need for child marriage prevention, there are certain
Declarations and Conventions both international and regional, that directly and
indirectly do the same, viz: the Universal Declaration of Human Rights,[15]
that was developed to the International Convention on Civil and Political
Rights[16]/International
Convention on Economic Social and Cultural Rights,[17] Conventions
on the Rights of the Child,[18] Conventions
on the Consent to Marriage, Minimum Age for Marriage and Registration of
Marriage,[19]
Supplementary Convention on the Abolition of Slavery,[20]
the Slave Trade and Institutions and Practices, 1959, the World Health
Constitution,[21]
Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
(CAT),[22]
African Charter, 1981, America Conventions on Human Rights, 1969, The European
Convention on Human Rights, 1950, The European Social Charter, 1961, etc. Various
provisions under these instruments clearly spell out the right of the girl
child or the child in general. Beyond these, municipal jurisdictions have been
encouraged as signatories to many of these treatises to domesticate them in
other to foster the fight against child marriage and other threats. In India,
judicial activism have been made manifest in many ways thorough ratio and dicta to affirm the combat of child marriage as was seen in the
case of Sushila Gothala v. State of Rajasthan,[23]
stated above. The Indian Child Marriage Restraint Law of 1929 is a very good
example of municipal law banning child marriage in the national level. For
dicta, they should be most likely found in judicial
than in obiter.
In
Nigeria, the first generation rights as broken down in the International
Convention on Civil and Political Rights (ICCPR) have been made supreme in the Chapter
IV of the 1999 Constitution of the Federal Republic of Nigeria as amended, (CFRN).[24] The
rights in the International Convention on Economic, Social and Cultural Rights
(ICESCR), found its place in Chapter II of the fundamental objectives and
Directive principles of state policy which is actually not justifiable.[25] However,
some conventions signed and ratified by Nigeria which directly and indirectly
deals on child marriage have been domesticated into her municipal Laws in line
with S. 12 of the CFRN. One of such is the African Charter of Human’s and
People’s Right as affirmed in the case of Abacha v. Gani Fawehinmi.[26]
The Nigerian Child Right’s Act, 2003 provisions re-stated the fundamental
rights of humans as provided for in the constitution via marginal references
and then goes a step further to specifically provide for the prohibition of child
marriage in Part III. While this is commended as a very good move, the issue of
enforceability is one that should be considered for improvement and this is one
of the points raised by Dr. Zara. Amongst the policies raised by Dr. Zara is
the passing of the National Health Bill which has already been passed as the
National Health Act. This Act is expected to help in solving most of medical
issues of our time which ought to be little or no issues at all.
CONCLUSION
DRY
may have been long acted as a movie, but the significance of the movie for our
future generations cannot be overemphasized, owing to the fact that it doesn’t
only expose the consequences of child marriage; it is simply a blueprint of
practical directions for the government to reduce if not to eradicate the
menace completely. Furthermore, other measures outside the purview of the Law
should be carried on to see that this current menace is checkmated. Thus, DRY
is a most watch movie, today and for tomorrow. Its message shall last for ages
to come.
-A sure way to achieve peace is respect for human rights.-
-Child marriage is malice to Humanity-
Ebi Robert
Acting
Director, Peace December, Bayelsa State Chapter, Nigeria
[1] [1997] 7 N.W.L.R. 283 CA
[2] Human Rights Quarterly, Vol. 6,
No. 4 (Nov., 1984), 400-419
[3] Human Rights Quarterly, Vol 29,
November 2, May, 2007, pp. 282-306, published by Johns Hopkins University Press
- DOI: 10.1353/hrq.2007.0016
[4] AIR 1995.
[5] Available at www.unicef.org/crc/ Last accessed, 2/22/2017
(UNICEF’s Website)
[6] Available at:
<www.girlsnotbrides.org/about-child-marriage/> Last accessed, 2/21/2017
[7] Available at:
<www.unfpga.org/child-marriage> last accessed, 2/21/2017.
[8] See the movie at
<wwww.themoviedry.com> Last accessed, 2/21/2017.
[9] Italics mine, for emphasis
purpose. (NB: The words in italics are injected to the statement just for
clearly purpose, though they are not part of the original speech, there
introduction however does not change the original idea).
[10] Italics mine, for emphasis
purpose.
[11]
At this point was a flashback in the movie narrating her life story.
[12] UNICEF: “Child Marriage and the
Law- Legislative Reform Initiative paper Series” (2008, New York), at page 34.
[13] Available at <www.reproductiverights.org/features//un-takes-major-action-to-end-child-marriage>
Last accessed, 2/22/2017
[14] Available at
<www.girlsnotbribes.org/states-adopt-first-ever-resolution-on-child-marriage-at-human-rights-council/> Last accessed, 2/22/2017
[15]
Adopted on 10th December, 1948, in Palais De Chailot, Paris. Although not binding but
persuasive being a declaration, it’s provisions have been replicated in other
instruments which have binding effect upon ratifications by member states.
[16] International Convention on
Civil and Political Rights, entered into
force, 23th March 1976, U.N.T.S. No. 14668, Vol 999 (1976), P. 171.
[17] International Convention on
Economic Social and Cultural Rights, entered
into force, 3rd January, 1976, U.N.T.S, Vol. 994, P.3.
[18] Convention of the Right of the
Child, entered into force, 2nd
September, 1990, U.N.T.S, Vol 1577, P. 3.
[19] Convention on Consent to
Marriage, Minimum Age for Marriage and Registration for Marriage, entered into fore, 9th
December, 1964, 521 U.N.T.S 231.
[20] Supplementary Convention on the
Abolition of Slavery, entered into force,
30th April 1957, U.N.T.S. 226.
[21] WHO constitution, 22nd
July, 1946, 14 U.N.T.S 185.
[22] Convention Convention Against
Torture and other Cruel Inhuman or Degrading Treatment or punishment, 10th
December, 1984, 1465 U.N.T.S. 85.
[23] AIR 1995.
[24] Cap 23 LFN 2004.
[25] S 6 (6) of the CFRN.
[26] (2000) 4. S.C (pt II) 1.3.
[First published by the TUCK MAGAZINE. Available at: http://tuckmagazine.com/2017/03/07/child-marriage-solving-consequences-policing-right-policies/]
Wonderful review. It makes you want to watch the movie again
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