(Photo) Ndemowoma Yankuba Mustapha
CRITICAL LOOK AT THE MAJOR CHANGES THE THREE GENDER ACTS INTRODUCED.
By: Ndemowoma Yankuba Mustapha
Child Rights Activist
Manjia Destitute Child Foundation
On Thursday June 14th 2007, the Sierra Leone Parliament passed three gender bills’ into law. The Domestic Violence Act, the Registration of Customary Marriage and Divorce Act and the Devolution of Estates Act, with the sole purpose of radically improving the legal position of women in Sierra Leone.
It was believed that the injustices that were committed against women especially in the domestic realm was as a result of inadequacies in the law. The government is a signatory to all major international instruments, including the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW).
Thus, the enactment of the three gender Bills was the first step in the right direction towards domesticating the provisions of the Convention into the laws of Sierra Leone.
Prior to the enactment of the gender acts in 2007, the women in Sierra Leone, especially the rural women, were subjected to inhuman treatment and their human rights trampled upon. Wife battering, wife inheritance, forced marriage, to name but a few, are some of the disadvantages they were subjected to.
The aim of this article therefore is to critically look at the major changes the acts introduced.
THE REGISTRATION OF CUSTOMARY MARRIAGE AND DIVORCE ACT
This act introduces the legal minimum age of marriage to 18 years. Previously, there was no age requirement for marriage under customary law. The rate of child marriage was very high which has serious consequences for them and the society as they are not matured enough to run their homes.
The consent of both spouses is now needed for a marriage to become valid. Previously, girls consent is not required and as a result, forced marriage was very common which results in unhappy union and divorce. This act clearly states that both male and female should agree to marry each other.
Also, married women are now entitled to own property. Previously, women could only inherit 30 % of her husband’s property whilst the latter would receive 100% of a deceased wife’s property. Women were considered as part of their husband’s property and could also be inherited by the husband’s family by marrying his brother or other relations. This law offers women the right to own and dispose of property. This intends to protect them in cases of divorce.
The act also states that dowry (i.e. property or money brought by a bride to her family), should not be returned by the woman’s family when divorce occurs. This practice forces women to stay in unhappy and abusive relations as they cannot buy their way out of the marriage. The law makes it illegal for women to return dowry as the man cannot compensate the woman for all the time she spent with him and in most cases the children she had for him.
The legitimization of partners cohabiting for more than five years was also introduced. Before this time, unmarried couples cohabiting were not protected by law and in the case of death or separation; they are not considered because they are not legally married which has great effect on the maintenance and welfare of the children. This law offers them the same rights as married couples.
Another change is the registration of customary marriage and divorce. Previously, no registration of customary marriage is required. This law ensures spouses are over 18 years and both consent to the marriage. They can also approve of marriage or divorce and can apply for maintenance.
With respect to polygamous marriages, the act states that if a man wants to marry more than four wives; it should be done under customary marriage as there are no limitations as to number of wives a man should marry. Under Islamic law, a man should not marry more than four wives. In a nutshell, the act is saying that it is an offence for a man to marry one wife under Christian or civil law and marry another under customary or Islamic law. People now have to choose one marriage and stay with that type.
DEVOLUTION OF ESTATES/INTESTATE SUCCESSION ACT
One of the notable changes introduced under this act is that there should be no discrimination between male and female children. They should be treated equally and have the same inheritance right. It is worthy of note that in our culture, males are perceived to be superior to the females.
Also, husband and wife now have right to inherit property from each other. Previously, when a man dies, especially under customary marriage, the woman does not have the right to inherit her husband’s property. This act will improve the economic status of women and will have a positive effect on women’s access to acquiring loans, owning property, starting businesses, etc.
Unmarried couples who cohabit for more than five years will be protected under this law. Before this time, no law protects unmarried couples in case of death. This had far reaching consequences on the surviving spouse especially women with children. Estranged spouses are also protected under this act. The act also protects children born out of wedlock. These children will now be entitled to monies for education and maintenance until 18 years.
The law also makes it an offence to eject a surviving spouse or child from the matrimonial home before the final distribution of the estate.
DOMESTIC VIOLENCE ACT
This law makes domestic violence a crime punishable by law. Prior to the passing of this act, domestic violence was a crime prosecuted under the Person’s Act of 1961 as wounding or grievous bodily harm. This act also makes provision to strengthen the ability of the Family Support Unit {FSU}, to help victims of domestic violence and stop the abusive cycle. The FSU was established in 2001 within the Sierra Leone police to deal with incidences of domestic violence but much has not been achieved in that respect. The act stipulates that public institutions that take care of children and which those children regard as their homes are included under the domestic realm.
Also, victims of domestic violence now have the right to seek redress in a court of law without fear of reprisal by perpetrators. They can do so by asking for protection order to prevent the perpetrator from further harassing her/him or regulating the relationship. It also creates options for dealing with cases relating to domestic violence. These are: settlement, prosecution or protection order.
CONCLUSION
In conclusion, it is evident that the three gender acts are set to bring about harmony, unity and respect with regards to the human rights of both male and female including children in the family and community. They provide for dialogue, security and safety for women and men thereby upholding their dignity at all times.
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References:
a look at the major changes in the threeGender Acts …by: Hawa Kamara.
