Court to decide on Polygamy

In a bold and brazen effort to change the marital landscape of Uganda, the women's rights NGO, MIFUMI, wants polygamy to be outlawed. A case has recently been filed in the Constitutional Court to determine if polygamy is constitutional.

This radical step arises from MIFUMI's work of supporting women experiencing domestic violence in Uganda. Patrick Ndira, MIFUMI Director of Programmes, said 'It is evident from MIFUMI's analysis of over 1000 cases in the last one year, that polygamy is the most significant factor fueling violence and abuse against women and children. It is very common to come across cases where women have been dispossessed of land and property used as bride price to marry a second wife, or where families are abandoned through negligence or inability to provide for the many wives and children.'

The petition contends that the custom of polygamy is unconstitutional for violating the right to equality guaranteed in article 21 of the constitution which provides that all people are equal before and under the law in all spheres .

Uganda's laws of marriage are currently complicated. Polygamy is allowed under the Customary Marriages Registration and the Marriage and Divorce of Mohammedan Act but is not allowed under the Marriage Act Cap 251. This implies that people within the country can choose under which law they wish to be governed. It is not known whether other countries allows such ambiguities within their laws.

MIFUMI believes that Polygamy violates the freedom from discrimination guaranteed in the constitution because the custom does not allow a woman to marry more than one husband.

It is likely that polygamy increases the risk of HIV infection, contrary to the provision of the constitution that guarantees that no custom should undermine the well being of women.

MIFUMI believes that polygamy deprives the family members of equality in their marriage contrary to the Constitution because the husband cannot afford to offer undivided attention to one wife during the relationship.

As this newspaper went to press, the attorney general had not responded to the petition. It is not known what the Government's position will be.

MIFUMI believes that this petition is an on-going commitment to the promotion of women's personal security and improved quality of life. According to Patrick Ndira, Director Programmes MIFUMI, polygamy and bride price are all ingredients of customary marriages which underscore the subordinate position of women in marriage.