Women’s rights only a lip service
Oct 22, 2002
Uganda’s present Constitution has been hailed as one of the most gender sensitive in the whole of Africa if not in the world.
Uganda’s present Constitution has been hailed as one of the most gender sensitive in the whole of Africa if not in the world.
Indeed, the women of Uganda had seen it as a beacon of hope intended to lift them out of the mire of rights abuse and discrimination that are part of their every day existence.
But seven years after its promulgation, the Constitution seems to be gathering dust with respect to women’s rights – especially those areas that would fundamentally alter the status quo and improve the lives of the majority of women.
The Constitution is only but a first step when it comes to rectifying or eliminating discrimination against women. What is more important is that the rights in the Constitution be reflected in enabling laws.
Enabling laws are needed to operationalise the Constitution. For example, the enabling law for Article 31, which speaks of the right to found a family and the same right of spouses before, during and after marriage, would be the Domestic Relations Bill.
The Bill would also address the rights contained in Article 33 (6)
We all know though that our advocacy efforts for enabling laws have met stiff resistance even though the people we sometimes lobby are the very ones who debated the Constitution and who often tell women how progressive our constitution is.
So, why the dilly-dallying when it comes to enabling laws? What is the fear – or as so many things in Uganda, was this meant to appease women, secure their votes for all eternity but make no real change to their daily existence?
Every year, the number of women seeking the services of the legal aid clinics increases and the major complaints and rights violations stem from the home.
But for every woman that seeks legal advice and intervention, there are hundreds more who cannot access legal services but whose plight is just as bad or even worse.
The pertinent question here is: aren’t women citizens of Uganda too? don’t they deserve to be protected from discrimination in the home?
Every year since the promulgation of the Constitution, reports from organisations such as Uganda Women’s Network (UWONET), Action For Development (ACFODE), Association for Women Lawyers (FIDA, Uganda) Foundation for Human Rights Initiative (FHI) and even our own Human Rights Commission (HRC) all point to the fact there are no enabling laws to effectuate women’s rights in the home.
In fact, eight of the 20 laws (representing a whopping 40%), cited by the HRC, as in need of repeal, all touch on the plight of women. These are: the Marriage Act, the Marriage and Divorce of Mohammedans Act, the Divorce Act, the Customary Marriages Registration Decree, the Succession act and the Succession amendment Decree as well as the Penal code Act, especially as regards to sections that deal with sexual violence.
There is also urgent need to pass a law on domestic violence, which is rife in our society. The danger of having these laws that are inconsistent with the Constitution still in our statute books is that they continue to be enforced to the detriment of women. However, Government remains adamant in its refusal to repeal these laws sighting all manner of excuses.
What then is the way forward? may be it is high time we take a constitutional case challenging the discriminatory laws that still exist and persist in our statute books and that violate the rights of women.
How many constitutional days will pass by where we celebrate the illusionary promise of real rights for women? Seven down, how many more years to go before women’s rights become a reality?
Jacqueline Asiimwe
Coordinator, UWONET
Indeed, the women of Uganda had seen it as a beacon of hope intended to lift them out of the mire of rights abuse and discrimination that are part of their every day existence.
But seven years after its promulgation, the Constitution seems to be gathering dust with respect to women’s rights – especially those areas that would fundamentally alter the status quo and improve the lives of the majority of women.
The Constitution is only but a first step when it comes to rectifying or eliminating discrimination against women. What is more important is that the rights in the Constitution be reflected in enabling laws.
Enabling laws are needed to operationalise the Constitution. For example, the enabling law for Article 31, which speaks of the right to found a family and the same right of spouses before, during and after marriage, would be the Domestic Relations Bill.
The Bill would also address the rights contained in Article 33 (6)
We all know though that our advocacy efforts for enabling laws have met stiff resistance even though the people we sometimes lobby are the very ones who debated the Constitution and who often tell women how progressive our constitution is.
So, why the dilly-dallying when it comes to enabling laws? What is the fear – or as so many things in Uganda, was this meant to appease women, secure their votes for all eternity but make no real change to their daily existence?
Every year, the number of women seeking the services of the legal aid clinics increases and the major complaints and rights violations stem from the home.
But for every woman that seeks legal advice and intervention, there are hundreds more who cannot access legal services but whose plight is just as bad or even worse.
The pertinent question here is: aren’t women citizens of Uganda too? don’t they deserve to be protected from discrimination in the home?
Every year since the promulgation of the Constitution, reports from organisations such as Uganda Women’s Network (UWONET), Action For Development (ACFODE), Association for Women Lawyers (FIDA, Uganda) Foundation for Human Rights Initiative (FHI) and even our own Human Rights Commission (HRC) all point to the fact there are no enabling laws to effectuate women’s rights in the home.
In fact, eight of the 20 laws (representing a whopping 40%), cited by the HRC, as in need of repeal, all touch on the plight of women. These are: the Marriage Act, the Marriage and Divorce of Mohammedans Act, the Divorce Act, the Customary Marriages Registration Decree, the Succession act and the Succession amendment Decree as well as the Penal code Act, especially as regards to sections that deal with sexual violence.
There is also urgent need to pass a law on domestic violence, which is rife in our society. The danger of having these laws that are inconsistent with the Constitution still in our statute books is that they continue to be enforced to the detriment of women. However, Government remains adamant in its refusal to repeal these laws sighting all manner of excuses.
What then is the way forward? may be it is high time we take a constitutional case challenging the discriminatory laws that still exist and persist in our statute books and that violate the rights of women.
How many constitutional days will pass by where we celebrate the illusionary promise of real rights for women? Seven down, how many more years to go before women’s rights become a reality?
Jacqueline Asiimwe
Coordinator, UWONET