Judge blasts parliament over gender insensitive laws

Sep 22, 2014

HIGH Court Judge David Batema has blasted parliament for passing what he called insensitive laws when it comes to women issues

By Edward Kayiwa & John Agaba

 

HIGH Court Judge David Batema has blasted parliament for passing what he called insensitive laws when it comes to women issues.

 

“Some of these laws do very little to address the discrimination and the gender violence that women in our communities continue to suffer,” Batema said. 

 

This was during the convention on elimination of all forms of discrimination against women (CEDAW) meeting at Speke Resort Munyonyo.

 

The meeting, organized by Plan Uganda, sought to raise awareness about the discrimination women continue to suffer in the country and how parliamentarians can be enabled to pass gender sensitive legislation.

 

Batema expressed concern that most laws on women issues were male biased or not advancing the gender issue.

 

Quoting Article 54 of the constitution, he said, for instance, the emotional effect of adultery weighs more on women as the law tends to favor men.     

 

“When a married man has sexual intercourse with any married woman being not his wife, then he shall be guilty of committing adultery. But if any married woman sleeps with any man being not her husband then she shall be guilty of committing adultery. This is therefore unfair to the rights of women,” adding that: “When it comes to inheritance, the law only provides for the customary heir who in most cases is definitely a male.”

 

He said that if a woman is raped, the law subjects her to the burden of proof where  she is required to  prove beyond reasonable doubt that she was raped and has to be subjected to medical examination that can make the whole experience uncomfortable.

 

“These laws were debated in a male dominated parliament and are therefore biased towards man and are insensitive towards the concerns of women.”

 

Domestic violence remains the commonest form of violation of women rights in Uganda. Statistics show that approximately 60% of all families in Uganda, whether legally married or cohabiting, are choking on domestic violence, according to CEDOVIP (Centre for Domestic Violence Prevention).  

 

“Women are subjected to all forms of economic, physical, sexual and emotional violations,” Richard Makumbi, from CEDOVIP, said.

 

“When it comes to prostitution there is more demand than supply. But the demanders are never affected. So the law enforces who go arresting those women should also hold these men accountable,” Gender minister Mary Karooro Okurut, said.

 

In the albertan region, oil is fueling discrimination and domestic violence against woman. Men are selling land to buy boda bodas and the women are left with nothing. When they complain, the men simply say “you came with nothing.”

 

Opening the conference, Speaker Rebecca Kadaga said the lack of enough education facilities was limiting the girl child education. She said lack of latrines at some schools was causing some girls to drop out while continue to study.

 

“Boys can go to the bush and they will be okay. What about the girls? Kadaga asked.

 

Makumbi said Government needs to implement the domestic violence act so women can enjoy their rights and actively participate in the national development agenda.

 

Issa Athuman Kipera, Plan Uganda Deputy Country Director, said government needs to address the question of funding to the gender ministry in order to popularize the campaign against violence and discrimination against woman.

 

“There is a need for state parties to address and change social and cultural patterns that promote stereotyping of women and girls and traditional gender roles,” Kipera said.

 

“While MPs are making laws they should know the purpose and the effect the law may cause. All laws should be made in cognizance of the gender issue,” Butera said.

Related stories

Judges want laws on gender violence improved

A push for more gender-friendly laws

Gender issues hurting trade in EAC

(adsbygoogle = window.adsbygoogle || []).push({});