A Ugandan marriage ceremony known as ‘kuhingira’ at which the groom pays a ‘bride price’. The country’s Supreme Court has now ruled that refunding them if the marriage breaks up is unconstitutional. Credit: Wambi Michael/IPS

By Wambi Michael
KAMPALA, Aug 7 2015 (IPS)

After years of a protracted battle against Uganda’s “bride price” practice, the country’s Supreme Court this week ruled that husbands can no longer demand that it be returned in the event of dissolution of a customary marriage but has stopped short of declaring the practice itself unconstitutional.

In a country in which most marriages are customary, women’s rights activists have hailed the decision as a step in the right direction for greater equality in the marriage relationship but had hoped that the court would rule the bride price – or dowry – itself unconstitutional.

In Uganda, the bride price is the gift that is given as a token of appreciation by grooms to the families of their brides. Traditionally, it takes the forms of cows or goats, besides money, and some tribes have recently been demanding articles such as sofas and refrigerators among others.

The legal battle over “bride prices” started back in 2007 when MIFUMI, a non-governmental women’s rights organisation based in Kampala, filed a petition to Uganda’s Constitutional Court, seeking to have them declared unconstitutional.“Refund of the bride price connotes that a woman is on loan and can be returned and money recovered. This compromises the dignity of a woman" – Uganda’s Chief Justice Bert Katureebe

MIFUMI, whose work revolves around the protection of women and children experiencing violence and other forms of abuse, argues that if women are empowered they can rise above many of the cultural traditions, such as bride price, that hold them back, blocking their potential contribution to development.

The MIFUMI petition argued that the demand for and payment of bride price by the groom to the parents of the bride, as practised by many communities in Uganda, gives rise to conditions of inequality during marriage contrary to the country’s constitutional provisions which guarantee that men and women be accorded equal rights in marriage and its dissolution.

In 2010, however, the Constitutional Court ruled that the bride price was constitutional, with just one judge, Amos Twinomujuni (who has since died) dissenting, arguing that the main issue at stake was women’s equality and that the bride price was a source of domestic violence.

Undeterred, MIFUMI decided to appeal to the country’s Supreme Court and finally, in a 6-1 decision, the judges have ruled that the act of refunding the bride price is contrary to the country’s constitution regarding equality in contracting marriage, during marriage and in its dissolution.

Lead Justice Jotham Tumwesigye observed that it was unfair for the parents of the woman to be asked to refund the bride price after years of marriage and that it in any case it was unlikely that the parents of the bride would have kept anything involved in the bride price on hand for refunding.

Justice Tumwesigye further argued that one effect of the bride’s parents no longer having bride price goods or cash to refund could force a married woman into a situation of marital abuse for fear that her parents would be in trouble owing to their inability to refund the bride price.

Uganda’s Chief Justice Bert Katureebe, one of the six judges, ruled that “refund of the bride price connotes that a woman is on loan and can be returned and money recovered. This compromises the dignity of a woman.”

The judges of the Supreme Court unanimously agreed that referring to bridal gifts as bride price reduces its significance to a mere market value.

Solomy Awiidi, a legal officer with MIFUMI told IPS after the judgment that she was happy that ruling had partly struck off some of the cultural practice that has held women hostage in abusive marriages.

She said much as MIFUMI had wanted the whole issue of bride price totally abolished, the fact that court had ruled against refund was something to celebrate after 15 years of struggle against the practice.

“There are fathers and brothers of brides facing civil suit because they failed to return the bride price, while thousand if not millions of women across the country who have been abused because of failure to refund the bride price. This ruling will liberate many of them,” said Awiidi.

Kampala-based human rights lawyer Ladislaus Rwakafuzi, who has been the principal lawyer for the MIFUMI petition, told IPS: “We have not got everything we wanted but at least we know that people will start being cautious paying too much when they know there is going to be no refund when there is failure of the marriage.”

Rita Achiro, Executive Director of the Uganda Women’s Network (UWONET), told IPS that the ruling has shown that women of Uganda can use courts of law to fight against laws that oppress them.

Achiro also challenged the Ugandan government and Parliament to come up with a law to enforce the court decision, saying that demand for refund of the bride price will continue if government and Parliament do not enact a law criminalising bride price refunds.

She said there were precedents in which Ugandan courts had nullified laws discriminating against women but Parliament and government had failed to enact the laws needed enforce the judgments.

Achiro cited the March 2004 Constitutional Court ruling that struck down ten sections of the Divorce Law on the grounds that they contravened a clause in the constitution that guaranteed women and men equal rights.

Uganda’s Divorce Law had previously allowed men to leave their wives in cases of adultery, while women were not granted the same right because they had to prove their husbands guilty not only of adultery but also of a range of crimes including bigamy, sodomy, rape and desertion.

A panel of five constitutional judges unanimously upheld the view that grounds for divorce must apply equally to all parties in a marriage.  Women activists had hailed the judgment as a landmark ruling that would bring equality of the sexes but, eleven year later, no law has yet been enacted to enforce the ruling.

Edited by Phil Harris    

Bienvienue Taguieke, now 15, who refused to be sold into marriage when she was 12 for the equivalent of 8.5 dollars. Credit: Ngala Killian Chimtom/IPS

By Ngala Killian Chimtom
MAROUA, Cameroon, Jun 10 2015 (IPS)

Twelve-year-old Bienvienue Taguieke was expected to obey her parents and marry a man 40 years her senior, but an association of women in Cameroon’s Far North Region, where child marriages are rife, put a stop to it in a sign that women are starting to speaking out against the practice.

“I was a pupil at a government school in Guidimdaz, a village in the Mokolo area of the Far North Region when a man offered 5,000 CFA francs (around 8.50 dollars) to my mother for my hand in marriage. I refused and alerted some people including the headmistress of my school,” Bienvienue, now 15, told IPS.

Bienvienue believes her mother had considered the offer for economic reasons. “I think my mother wanted to sell me because of poverty. My father had died and there was nobody to pay my school fees and take care of us,” she says.“My daughter will not suffer like me. I will do everything to keep her in school. I am appealing to government to outlaw early marriages, so that girls can go to school, and get married only after their studies” – 15-year-old Nabila who succeeded in escaping from her marital home

However, the school’s headmistress, Asta Djarmi, begged Bienvienue’s mother not to give her daughter away to a much older man. “The headmistress stopped the marriage arrangement my mother had initiated, then the people of ALDEPA, a local civic group campaigning against child marriages, intervened and repaid the 5,000 CFA franc “dowry” to this man. They are also the ones paying my school fees today,” says the grateful schoolgirl.

The 15-year-old says she dreamt of becoming a teacher, and that getting married as a child could have ended that dream. Now that she not had to do so has revived that dream.

Hers is not an isolated case of resistance in the region. Across the Far North Region, teenage girls are resisting what they consider a hurtful culture.  In neighbouring Zilling village, for example, 15-year-old Nabila succeeded in escaping from her marital home.

“I was forced by my parents into marrying an elderly man two years ago when I was only 13. I lived in the man’s house for 14 painful days. I felt as if an evil spirit was haunting me and I decided to run away,” the young girl recalled.

But those 14 days left her pregnant, and the teenager now raises the child by herself. Ironically, the man she was coerced to marry has now filed a court case against her, demanding that Nabila return to her marital home.

“I can’t do that,” she insists. “Not for anything in the world.” The premature marriage spoiled her chances of becoming the nurse she had wanted to be and now Nabila insists that she will never let her daughter go through the same trauma.

“My daughter will not suffer like me. I will do everything to keep her in school. I am appealing to government to outlaw early marriages, so that girls can go to school, and get married only after their studies.”

ALDEPA is now providing legal assistance to the teenage mother, and a senior official of the association, Henri Adjini, told IPS that it is currently paying the school fees of 87 teenagers rescued from early marriages.

Adjini said that forced marriages were part of the culture of the local Mafa and the Kapsiki tribes, explaining that parents marry off their daughters in exchange for dowry payments in the form of money, livestock or goods.

“The wish to strengthen family ties and friendships is very important for people here and they believe marrying off their daughters could do just that. Some other parents simply use their daughters to pay off their debts … the young woman’s choice hardly counts here,” he told IPS.

Marrying daughters off is an income-generating strategy in Cameroon, where almost one-third of the country’s 22 million people are poor, according to the United Nations.

In fact, according to the U.N. Population Fund (UNFPA), there is a relationship between early marriage and poverty in the Central African country, with 71 percent of child brides coming from poor households. Figures from the U.N. Children’s Fund (UNICEF) for 2014 show that 31 percent of teenage girls in the Far North Region fall prey to early marriages.

Cameroon’s Minister of Women’s Empowerment and the Family, Marie Therese Abena Ondoa has publicly condemned these marriages, saying that it is “immoral to sell out girls as if they were property.”

Child marriage is not unique to Cameroon, however. Many countries in the region and in the world face similar, or even worse case scenarios.

According to a 2013 UNFPA report, two out of five girls under the age of 18 are married in West and Central Africa. The worst culprit is Niger with 75 percent of child marriages – the highest rate in the world – followed by Chad with 72 percent and Guinea with 63 percent.

Like most governments in the region, Cameroon does little to protect these girls. The legal minimum age of marriage in Cameroon is only 15 years for girls, and 18 years for boys.  Even then, the legal requirement that marriage should only be contracted between two consenting partners is hardly enforced.

Minister Ondoua has helped launch advocacy campaigns and collaborated with NGOs, community and religious leaders in rural areas to educate the population, but she has not been able to convince government to raise the legal marriage age.

Nevertheless, the campaigns have been bearing fruit, with many girls saying “no” to family attempts to sell them off.

Girls like Abba Mairamou who resisted her father’s attempt to sell her off at the age of 12, are a living testimony to this success.

“I was only 12-years-old when my father pulled me out of primary school in 2004 to offer me to his friend as a wife. I refused and my father got angry and wanted to send me away from the house. I was desperate until I was, introduced to the association that fights against violence towards women in Maroua,” Abba says.

“Later, my father was invited to a meeting and he was persuaded to be opposed to early and involuntary marriage .This completely changed my father and me. I not only refused to be a victim of involuntary marriage, but today, I am a fighter against it.”

Abba formed the Association for the Autonomy and the Rights of Girls, known by its French acronym ‘APAD’, to sensitise teenage girls and parents in her Zokkok neighbourhood in Maroua against early marriages.

“We now offer shelter to many victims of forced marriages, and many girls are now standing up to that hurtful custom,” she beams.

Edited by Lisa Vives/Phil Harris

Billboard for the referendum called to strengthen a constitutional ban on same-sex marriage and same-sex adoption in Slovakia in February. It says: WE ARE DECIDING ABOUT CHILDREN'S FUTURES. LET'S PROTECT THEIR RIGHT TO A MOTHER AND FATHER. Credit: Pavol Stracansky/IPS

By Pavol Stracansky
BRATISLAVA, Mar 15 2015 (IPS)

Lesbian, gay, bisexual and transgender (LGBT) groups in Central and Eastern Europe, which still faced mixed prospects as they fight for rights and acceptance, are now taking some heart from the “failure” of a referendum in Slovakia, a member of the European Union.

Last month, a referendum called to strengthen a constitutional ban on same-sex marriage and same-sex adoption in Slovakia was declared invalid after only just over 20 percent of voters turned out.

The controversial plebiscite was heavily criticised by international rights groups, which said it pandered to homophobic discrimination and was allowing human rights issues affecting a minority group to be decided by a popular majority vote.

The campaigning ahead of the vote had often been bitter and vitriolic, including public homophobic statements by clergy, and a controversial negative commercial about gay adoption, which Slovak TV stations refused to broadcast and eventually only appeared on internet.The reasons behind the relative societal intolerance towards LGBT groups in Central and Eastern Europe vary from entrenched conservative attitudes rooted in countries’ isolation under communism, to local political aims and the influence of the Catholic Church.

The commercial showed a child in an orphanage being told that his new parents were coming to collect him and, after two men appear at the door, asking: “Where’s Mum?”

Activists here say that the referendum’s outcome was a sign that, despite this campaigning, Slovaks know that LGBT people pose “no threat” to society and has positively furthered discussion about allowing registered partnerships in the country.

Martin Macko, head of the Bratislava-based LGBT rights group Inakost, told IPS: “The referendum showed that people consider the family important, but that they do not see same-sex families as a threat to traditional families. The long-term perspective regarding discussions on registered partnerships in Slovakia is positive.”

Importantly, the result has also been welcomed in other parts of Central and Eastern Europe where many LGBT groups still face intolerance and discrimination.

Evelyne Paradis, Executive Director of international LGBT rights group ILGA-Europe told IPS: “LGBT activists across Europe have welcomed the outcome of the Slovak vote … hopefully the referendum will lead to a constructive discussion about equality in Slovakia. At the same time, we know that there is a broad diversity of views in the region which means that much work remains to be done before full equality is realised.”

Compared with Western Europe, attitudes in many countries in Central and Eastern Europe to LGBT people and issues are often much more conservative and in some states actively hostile.

The Czech Republic, whose larger cities have relatively open and vibrant gay communities, is the only country in the region which allows for registered partnerships of same-sex couples.

In other countries, such as Slovakia, Hungary, Croatia and Poland, marriage is defined constitutionally as only between a man and a woman. In January this year, Macedonia’s parliament voted to adopt a similar clause in its constitution.

Adoption by same sex couples is banned in all states in the region while other important legislation relating to LGBT issues is also absent. In Bulgaria, for instance, inadequate legislation means that homophobic crimes are investigated and prosecuted as ‘hooliganism’. This, activists claim, creates a climate of fear for LGBT people.

Poor records on minority rights in general in places like, for instance, Ukraine, mean that while the state may ostensibly be committed to LGBT rights, such communities are in reality extremely vulnerable.

In Russia, legislation actively represses same-sex relationships, with federal laws criminalising promotion of any non-heterosexual lifestyle, while Lithuania has legal provisions banning the promotion of homosexuality.

Deeply negative attitudes towards homosexuals are widespread in some societies. A 2013 survey in Ukraine showed that two-thirds of people thought homosexuality was a perversion, while a study in the same year in Lithuania showed that 61 percent of LGBT people said they had suffered discrimination based on sexual orientation or gender identity.

Isolated verbal and physical attacks and passive intolerance among more conservative groups are common across the region. But in some countries, specifically Russia, anyone even suspected of being non-heterosexual faces open, organised and sometimes lethally violent persecution.

Natalia Tsymbalova, an LGBT rights activist from St Petersburg, was forced to flee Russia in September last year after receiving death threats. Now claiming asylum in Spain, she was one of at least 12 LGBT activists who left Russia last year.

Speaking from Madrid, she told IPS about the continuing repression of LGBT people in her home country.

She said that although state propaganda campaigns had “switched to ‘Ukrainian fascists’ and the West” being portrayed as the public’s greatest enemy instead of LGBT people since the annexation of Crimea and the start of the Ukraine conflict, “state homophobia has not disappeared”.

“It has just faded into the background,” she added, “no longer making top headlines in the news, but it is still there and it has never left. The number of hate crimes is not falling, and they are being investigated as badly as before.”

The reasons behind the relative societal intolerance towards LGBT groups in Central and Eastern Europe vary from entrenched conservative attitudes rooted in countries’ isolation under communism, to local political aims and the influence of the Catholic Church.

In Slovakia, a strongly Catholic country where the Church’s influence can be extremely strong in many communities, supporters of the referendum welcomed Pope Francis’ personal endorsement of their cause.

It has been speculated that the conservative Alliance for Family movement, which initiated the referendum, is funded by Slovakia’s Catholic Church and that the Church was the driving force behind moves to bring about the vote.

In Lithuania, another strongly Catholic country, Church officials have supported laws restricting LGBT rights and have openly called homosexuality a perversion.

However, some rights activists also say that politicians in countries struggling economically or looking to entrench their own power can often use minorities, including LGBT people, as easy political targets to gain voter support.

ILGA’s Paradis told IPS: “Unfortunately many political leaders use the LGBT community as scapegoats … from activists we often hear that they do this to hide ‘real problems’ in countries, such as youth unemployment, access to education and healthcare. They promote ‘traditional family values’ as the way to rescue society. Sadly, in doing this, political leaders build a climate of intolerance and hatred.”

Saying that Russian politicians are now using homophobia to push wider agendas, Tsymbalova told IPS: “Homophobia plays an important role in the anti-Western rhetoric of President [Vladimir] Putin and his fellows. It is one of the main points of the conservative values that they try to promote and the public still has negative attitudes toward LGBT communities.”

The outcome of the Slovak referendum has left activists there more optimistic about the future for LGBT people in their country.

They are now pushing for discussions with the government about introducing registered partnerships and they hope that LGBT communities in other countries in the region will be heartened by the result or that, at least, people hoping to organise similar referendums will reconsider what they are doing.

Macko of Inakost told IPS: “Religious groups in some Balkan and Baltic countries are considering organising similar referendums and we really hope this will discourage them.”

Paradis told IPS that while the Slovak referendum had already been welcomed by many of its member groups in Central and Eastern Europe, progress on LGBT issues in many countries, including registered partnerships, was unlikely to be swift. “There indeed is more discussion in the region on granting rights to same sex partnerships, but what we see is a very mixed picture.”

However, the outlook for LGBT people in some places remains grim. Tsymbalova told IPS that many LGBT people in her home country have given up hope of any positive changes in the foreseeable future.

“In our community, there is almost no one who believes that the situation for LGBT people in Russia will seriously change for the better any time soon. Under the existing regime, which promotes and exploits homophobia, these changes will not happen and there is almost no hope of a regime change, so expectations are gloomy.”

She added: “Many LGBT activists have either left Russia, like me, or are going to. [As] for same-sex registered partnerships, it would take several decades to be accepted in Russia and I don’t believe I will see this in my lifetime. It is completely out of the question for the next 20 or 30 years.”

Edited by Phil Harris