gisw13_chapters

ugandaUsing ICTs to create awareness of legislative challenges and changeWomen of Uganda Network (WOUGNET)Harriet Adongwww.wougnet.orgIntroductionThe Domestic Relations Bill (DRB), which reformsand consolidates the marriage and divorce law, hasbeen shelved for half a century in the Ugandan parliament.It has suffered due to its unfavourable linkto Ugandan culture, religious concerns and the ruralwomen question, and this delay has led to unequalaccess to justice among women.Uganda is a signatory to most international humanrights and women’s rights conventions, including theConvention on the Elimination of All Forms of Discriminationagainst Women (CEDAW). The country is saidto have the most gender-sensitive constitution in theworld, with a well-established ministry of gender anda gender-mainstreaming strategy and national plan forthe empowerment of women. Nevertheless, several civilsociety organisations have conducted campaigns forthe recognition of women’s rights, but with little success.The lack of success is attributed to religious andcultural proponents who have moved on to claim thatsome of the articulated women’s rights violate religiousand cultural norms. Others have stated that women activistshave exaggerated the plight of rural women andsowed discontent in an otherwise “happy rural woman”.Currently a hot topic in the country, the DRBhas sparked wide debate in all quarters, from politicians,activists and the clergy to the people onthe streets, as well as in the most remote parts ofUganda. WOUGNET has hosted the debate using allavailable communication channels and platforms,which include online platforms, social media (Facebook),blogs and SMS campaigns.Policy and political backgroundThe government of Uganda has been debating thecurrent version of the DRB since 2003 (the first versionwas tabled in parliament in 1964). The bill isaimed at reforming and consolidating laws relatingto marriage, separation and divorce amongst itsdiverse religious and ethnic communities. In addition,the bill, if passed, would criminalise currentcustoms of widow inheritance, marital rape and thepayment of a dowry, and set the minimum legal ageof marriage to 18 years for both men and women.Polygamy is legal in Uganda, according to customaryand Islamic law, and will remain so shouldthe DRB pass. Women currently have no legalcourse of action to prevent their husbands fromtaking another wife, although under the new bill,a wife would be allowed to divorce her husbandif he attempted to marry a new wife without herconsent.When this bill was re-tabled in parliament by thewomen legislators in March this year, it raised an uproarfrom their male counterparts, who stated that ifpassed in its current form, the bill would perpetuatethe break-up of marriages and promote sexual promiscuityand violence. They called for more time forconsultation. However, the speaker of parliamenthad promised that the introduction of the bill wouldbe an Easter gift for women in Uganda.The constitution guarantees a woman’s equalrights within marriage, even in the event of a divorce,but the law currently does not enforce this right. Inaddition, under customary law in some areas, womenwishing to divorce on the grounds of their husband’sadultery are required to meet stricter standards ofevidence than men in the same position. Customarylaw dictates that women do not have the right to inherit,but the Marriage Code grants widows the rightto inherit 15% of a deceased husband’s property.Combating conservative culturaland religious demandsProperty rights is a contentious issue in Uganda.While no laws prevent women from owning land inthe country, the customs of male inheritance haveresulted in many women being excluded from propertyownership.Issues that were raised by the clergy were expressedin various forms, including: “If cohabitationis recognised as a form of marriage, at which datedo you begin counting? When the woman bringsin her first dress? When she finally moves in?”The clergy have brought in such diversionary andcontentious views that the policy machinery hasbeen halted, with the head of state coming in todiscuss the issue at the party level, and advancingfunds for legislators for further consultations and229 / Global Information Society Watch