The Marriage and Divorce Bill 2009 had its entry into the Parliament of
Uganda about 40 years ago but has never found its way off the dusty shelves in
the honorable Parliamentarians pigeon holes for it to be passed as a law.
This year, the fight to have it passed into Law has seen Civil
Organizations and women activists come up in arms and legs as they put
out vigorous campaigns with the aim of sensitizing all the men in the country
and having it passed into law.
The president of Uganda has not gone silent on this and has not only written
a letter to the members of parliament over the issue but has also advanced
Shs5million to all the honorable members of parliament to have them discuss
this Bill with the members of their constituency. And we now await the results
of these discussions with the exception of those who have refused to receive
the money citing unclear circumstances surrounding the money. However, in the
undated 21 page letter the President took a swipe at middle class women for
wanting to turn marriage into a business. He rejected the provision on property
sharing after divorce calling the actions of civil organizations groups behind
this Bill as women who want to pollute our women emancipation movement by
introducing elements of mercenary tendencies in marriage.
He argues that mixing domestic chores with property claims is stretching the
argument to far sighting that the adoption of the clause in the Bill that
outlaws the practice of returning gifts is against the traditions of Africans.
This being a Bill that has divided the country men of this nation with some
of them saying aye’ and others nay’ we decided to take this to the people to
get their opinions;
Pastor
Martin Ssempa’s opinion
A renowned vocal pastor, Martin
Ssempa (born 1968) is a Ugandan
pastor, activist and founder of the Makerere Community Church in Uganda was
more than willing to give his opinion.
He states that as an African man there are guidelines for marriages in
Africa that have been there for thousands of years and the Bill is trying to
turn African marriages and make them like the Europeans marriages.
In regard to the women activists and the civil organizations behind this
controversial Bill, the pastor singles them out as mad people, pointing out
that he does not recognize marital rape and calls it uncomfortable sex that
cannot equal to rape. This is westernization he goes on to elaborate,
that is trying to destroy the African culture.
This Bill in his opinion is giving students a lieu way to cohabit at school
and will encourage fresher’s to ‘get married’. He goes to state that people are
angry about men and marriage. He thinks that the Bill should die, be buried for
three weeks, three months or three years and resurrect like Jesus with new
Biblical ideas included and those repugnant to our culture removed.
The ideas he proposes are that the husband is the head of the family and
therefore in the new resurrected bill, this should be clearly shown; a Marriage
investment Authority should be put in place, marriage advisory extension
services should be provided, nobody should marry without proper training on how
to handle sexual pressure. He says people should have driving incenses to drive
so people should have marriage training before getting married, it will reduce
on the rape scandals and also on divorce.
A baseline survey on the problem of marriage in the country should be done
as there is no survey done so far and sights feminists as a problem as they
even had the law against adultery unenforceable in the country.
Other
arguments against it on the street;
It is an act to violate and change our African culture that is the bride
price clause that makes it optional and criminalizes the refund of the bride
price on divorce by the partners.
The church believes the Bill is promoting cohabitation and overlooking the
importance of marriage in our society and yet it is of considerable importance
in imparting morals.
Marital rape is hard to prove and it is argued that it can turn out to be a
weapon against a partner since it’s a delicate matter that can only be proven
by the most convincing partner.
Isaac Mageezi, a banker believes it is away through which to deprive men
economically sighting the ‘de- toothers’ syndrome that will be on the increase
as a result of this Bill.
M/s Achulo
Rita ED of Uganda women’s network
UWONET (Uganda Women’s Network) is a civil organization armed with the
gender empowerment and the gender transformation in Uganda. In her arguments
for the need to have the Bill passed into a law she outlined some of the
advantages of the Bill if passed into a law as follows;
The Marriage and Divorce Bill no. 19/ 2009 consolidates all the marriage,
separation and divorce laws into one umbrella. She goes on to state that
it promotes and harmonizes unity in families.
Her opinion in regard to the marital rape clause is that it is a reasonable
law that can be enforced contrary to what other people think especially men who
forcefully have sex with a woman who has undergone surgery or child birth.
Her arguments in regard to arguments on property is that the law aims at
protecting both sexes and does not in any way aim at depriving men since you
can decide to own property individually or jointly.
She concludes by stating that religious leaders should be considerate
and consider human beings before anything since human beings come into the
world as humans first before getting a religion. Her plea is for them to speak
as humans first and then as religious leaders second.
Other
arguments on the street;
The women activists and civil organizations behind the Bill look upon it as
a ground for changing the status quo and empowering women especially the
disadvantaged women in our country.
A one Sharon Wito, a model around town argues that it’s a way through which
the rampant cases of violence against women can be curbed especially those who
are sexually violated in their home.
The
controversial clauses;
1.
The cohabitation clause
a) The presence of this clause in
the Bill recognizes cohabitation as a form of legally binding relationship in
Uganda.
b) It allows for partners to make an
agreement concerning property they come with before cohabiting or over the
property they buy while cohabiting.
c) Property accumulated during
cohabitation is treated similar to matrimonial property.
d) It recognizes non monetary
contribution of a spouse in a marriage or cohabitation i.e. house work and
maintain of the house as a ground for claiming a right in the property.
2.
Marital rape clause
a) Is recognized by the Bill as an
existing act that is criminalized under it
3.
Marital gifts definition
a) The definition includes bride
price and bride wealth but makes it optional persons marrying in a customary
traditional marriage to bring bride price.
b) It is a criminal act that is illegal
and punishable under the Bill to ask for a refund of bride price on divorce.
This Bill that has drawn interest across gender in the country is a law that
may not likely see the daylight like all the controversial bills in our
country especially since it is not only fighting a legal battle but has crossed
the arena into the moral sphere. It has laundered our dirty laundry by making
us aware that the rate of cohabitation in the country is higher than the
marriage rate as per the reports of 2011 by the Bureau of Statistics that put
it at 30: 60.
