This bill touches the nerve center of our cultural, societal,
traditional and religious norms. It is at the centre of who we are. It
challenges us to reflect on aspects of our cultural belief psychology that
seems to contradict edicts of bellicose modernity and waves of globalization.
The foregoing could be why this bill has galvanized wide and keen
attention. Make no mistake- majority of
both men and women are looking at it with suspicion and sheer reluctance. To
promote shared understanding, proponents of this bill will need to democratize
information. I however understand motivations of its proponents. They rightly argue that justice, fairness and
equality – even in the sacred institution of marriage -are universal norms that
transcend any culture or tradition. I also agree that sometimes culture and
traditions of some societies can be cruel and unacceptable. Take for instance
child sacrifice, female genital mutilation, rape, castration, killing of twins,
ritual murders, forced circumcision, inheritance traditions that are lopsided
against females etc. Therefore, the argument that a law should be in place to
counter some of our cherished –yet cruel traditions is timely and should be
supported. However, where the bill, without any foreseen injurious outcomes
heavily contradicts cultural and religious norms- it should be harmonized and
bill be pushed forward. In spite of its
good intentions, I have been scratching my head on how the law will deal with
cohabitation and marital rape.
For starters, cohabitation is an arrangement where two people
who are not married
live together in an intimate relationship, particularly an
emotionally and/or sexually intimate one, on a long-term or permanent basis.
Now this bill seeks to enforce rights (property etc) for cohabiting couples who
have lived together for two or more years and wish to part ways. Whereas this
could be noble, how will it be determined? You see, when a couple is wed in
church, they receive a marriage certificate. There is also a civil route where
couples tie note in front of government Registrar of marriages and they also receive
a certificate of marriage. With the foregoing actions, the married are entered
in the book and their union is on record. So, who will record cohabiting
couples? Who will determine that a couple has lived together for two or more years?
What will be the point of reference? I think promoters of this important bill
should remove this ambiguity. Such a loophole can be exploited by unscrupulous
gold diggers (who can be men or women) to cheat and claim undue rights. Take
for example a partner who you have dated for a week- shows up with a cartel of
hired witnesses claiming that you have been cohabiting for two or more years
and wants equal share of your property? How will the law deal with this? Should
partners who seek to cohabit be registered by Local council one? Should the
couple sign agreement at the start of their cohabitation? There is need for
answers before we can proceed on this bill that seeks to validate cohabitation.
Whereas there could be many legitimate reasons that explain
cohabitation in Uganda or elsewhere in the world, University of Chicago
sociologist Linda Waite recently found that "16 percent of cohabiting
women reported that arguments with their partners became physical during the
past year, while only 5 percent of married women had similar experiences."
Most cohabiting couples have a faithful relationship, but Waite's surveys also
demonstrated that 20 percent of cohabiting women reported having secondary sex
partners, compared to only 4 percent of married women. Could the foregoing
resonate for Uganda?
The other issue in the bill generating debate is marital
rape. Scientists seem to argue that this is hard to prove. Even legally, who
will be the witness? And a partner who wants out may use this aspect of the law
to secure quick and convenient divorce. This could make the institution of
marriage vulnerable. Stories of marital rape are rife. Especially for women who
have just given birth-it is pitiful and cruel. A solution must be found. Could
non legal solutions be more sustainable? We can think of counseling, spiritual
guidance, cultural interventions etc. Many also seem to argue that this law
relegates men – as if they are immune to vulnerability. For the bill to move
forward – it must also balance interest of men and women. Will the law provide
a silver bullet solution or rather weaken the institution of marriage? Your
guess is as good as mine.
Morrison Rwakakamba
Chief Executive Officer
Agency for Transformation
This is a bad bill for our society, a bill that wants to legislate for an Institution that is either Religious of cultural is a disaster in waiting coz these institutions, cultural and religious have existing principals, Moral values that are followed and that have worked for many years now. The argument of changes happening in society as a result of globalization thus warranting such bills bills for me doesn't hold, I say, Increase in Immorality and Uncultured Tendencies should not influence Legislation. Another example is Bride Price, where the bill says Its non essential as far as marriage is concerned, this is bizarre because that gives the power to the Person marrying to tell the other Parents that look, I don't want to pay bride price and that becomes legal? Imagine its your daughter being taken on that day!
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