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IMPLICATIONS OF BRIDE PRICE ON DOMESTIC VIOLENCE IN EASTERN UGANDA (A case study of Waibuga sub-county Iganga) IGANGA DISTRICT

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A RESEARCH REPORT SUBMITTED TO THE FACULTY OF SOCIAL SCIENCES IN PARTIAL FULFILLMENT FOR THE AWARD OF BACHELORS DEGREE IN PUBLIC ADMINISTRATION OF KAMPALA INTERNATIONAL UNIVERSITY

AUGUST 2009

DECLARATION I, Namuhuma Rose Rene declare that this project is my original work and has never been presented to any other university for award of any academic certificate or anything similar to such. I solemnly bear and stand to correct any inconsistence.

Signatures ...

Date .

APPROVAL

This is to acknowledge that this research report has been under my supervision as a university supervisor and is now ready for submission.

Signatures ... Supervisor MR. ANYAMA CHARLES

Date .

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DEDICATION This work is affectionately dedicated to my husband and children for their support patience and understanding during this period of study not forgetting all those who constantly wished me success.

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AKNOWLEDGEMENTS My gratitude first goes to God who has given me the strength and courage to undertake this research.

I also owe a lot of appreciation to all those who assisted me in carrying out this research. I am grateful to my supervisor Mr. Anyama Charles who tirelessly went through my work and inspired me to dig deeper into the core of the matter. His kind criticism, patience and understanding, assisted me a great deal.

I am indebted to my friends who gave me encouragement in time of difficulties. Thanks also go to all those lecturers who impacted professionalism into my work. I wish to thank my family for their love, financial support and inspiration during my stay in Kampala International University (K.I.U).

Finally, I would like to thank all my respondents and those within a short notice without which this work would not have been possible.

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TABLE OF CONTENTS CHAPTER ONE..................................................................................................................1 INTRODUCTION...............................................................................................................1 1. 1 Background to the study...............................................................................................1 CHAPTER TWO.................................................................................................................5 LITERATURE REVIEW....................................................................................................5 2.0. Introduction ..................................................................................................................5 CHAPTER FOUR.............................................................................................................21 PRESENTATION, ANALYSIS AND DISCUSSION OF THE FINDINGS...................21 CHAPTER FIVE...............................................................................................................41 SUMMARY OF THE MAJOR FINDINGS, RECOMMENDATIONS AND CONCLUSIONS...............................................................................................................41 5.0 Introduction..................................................................................................................41

LIST OF TABLES

LIST OF FIGURES

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ABSTRACT Bride price has, throughout the years become increasingly commercialised and abused. Because of the grinding poverty, parents and clan members who ask for exorbitant sums or commodities have abused the practice of bride price. The purpose of the study was to investigate the impact of bride price on the domestic violence in Iganga District. The objectives of the study were to investigate whether Bride price affects the right to equality in marriage; to investigate whether Bride price results in discrimination in the marriage and to investigate whether Bride price is the cause/contributing factor in the incidence of AIDS/ HIV infection. The methods used for data collection were questionnaires to the major respondents and interview guides to the key informants. The study discovered that the practice of bride wealth is facially discriminatory towards women. A man can marry anyone he likes, and need not ask his parents for permission. The study recommended that the government should have a straight forward law that strictly prohibits the practice of bride price since it contravenes the Ugandan Constitution and other International Human Rights Instruments and Conventions that Uganda has signed. The international community donor aid. through governments and international Non government organizations should support the activities that help stop the practice through

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CHAPTER ONE INTRODUCTION 1. 1 Background to the study Bride price, dowry and other marriage gifts form an essential element of marriage in many countries around the world. The practice of bride price is extensively spread across the different continents of the world. In Africa, women are literally "bought" and "sold" through the institution of bride price. In a typical African setting, bride price consists of a contract where material items or money is paid by the groom to the bride's father in exchange for the bride, her labour and reproductive capacity. If the bride or wife wants to divorce, the material items or money paid to the bride/ wife's father must be returned to the husband. If the wife's family is unable to pay the husband, the wife cannot get a divorce and is condemned to live in an unhappy and sometimes fatal marriage. This situation is not unique to Africa. Many Arab and Islamic states too consider bride wealth as a fundamental requirement of marriage. The groom has to provide marriage gifts known as Mahr to the bride in exchange for her hand in marriage. In Asia, especially in India, women are subjected to abuse as a result of the institution of dowry where the bride or her family has to pay dowry to the groom's family. The UK Committee for UNICEF stated that "Dowry related violence, sometimes resulting in death of young brides, is common. For example there were 999 registered cases of dowry related deaths in India in 1985, 1,319 in 1986 and 1,786 in 1987. The numbers have continued to increase: the UK government stated in the 1999 Human Rights Report that " In India more than 3,000 women were killed in 1998 because their in laws considered their dowries inadequate. A tiny percentage of murders were brought to justice. Girls continue to be married off well before they reach the minimum age of 18, especially in northern India. 1

The institution of bride price in Africa has far reaching health, economic, social, human rights and legal implications in the countries where it is practised. Bride wealth as an institution has negative implications on the rights and status of women. Uganda is one of the countries where the practice of bride price is the norm. Bride price is currently actively practised throughout the country. In a research carried out by The Uganda Association of Women Lawyers in Uganda (FIDAU, 2006), 95.1% of the respondents stated that bride price is essential to validate a marriage. 1.2 Statement of the Problem Bride price has, throughout the years become increasingly commercialised and abused. Because of the grinding poverty, parents and clan members who ask for exorbitant sums or commodities have abused the practice of bride price. The amount of bride price varies according to socio-cultural variables such as level of education, level of income, rural -urban differentials and religion. Rising costs of living has pushed families to sell daughters as soon as possible in order to obtain the much needed bride price to supplement family income or be used to pay for the son's bride. Bride price has been used to deal with the day to day expenses of the family and no longer provides security for the wife in case of divorce. This in the end has caused a lot of suffering to the women because they are treated as property of the men. The result of this has been the continued domestic violence. There was therefore need to investigate the impact of bride price on domestic violence.

1.3. Objectives 1.3.1 General objective To investigate the impact of bride price on the domestic violence in Iganga District 1.3.2 Specific Objectives i) ii) iii) To investigate whether Bride price affects the right to equality in To investigate whether Bride price results in discrimination in the To investigate whether Bride price is the cause/contributing factor marriage marriage in the incidence of AIDS/ HIV infection 1.4 Research Questions i) ii) iii) What is the influence of Bride price on the right to equality in marriage? What is the influence of Bride price in discrimination in the marriage? What is the influence of Bride price in the incidence of AIDS/ HIV infection? 1.5 Scope of the study The study investigated the impact of bride price on domestic violence in Iganga District. Iganga is a district in eastern Uganda. Like other Ugandan districts, it is named after its 'chief town'. It has a population of 716.311 in 2002. Iganga is located in Central Uganda, about 25 km (16 miles) to the north of Lake Victoria. Iganga lies at an altitude of 1,138 m (3,732 ft.) above sea level and just north of the Equator. The study was only limited by the objectives of the study and was carried out between the months of January to May 2009. 1.6 Significance of the study This study will be of great importance both at the macro and micro level;

i) At the macro level, informed decisions in policy formulations and in the building of the institutions aimed at stopping the practice regulatory framework might be made basing on the findings from research. ii) At the macro level, a number of NGOs responsible for the fight against domestic violence may adopt the recommendations put forth, and use the findings to address issues in the report. iii) The research will help researchers and academicians to increase on the available literature for further studies iv) The research will help community members realize the dangers of Bride price so that they can allow their daughters to marry for free with out any strings attached v) The study will help lobbyists to promote awareness Raising through information, education, training and drama vi) The study will also bring about Advocacy, Lobbying and Networking with women activists, women lawyers and other allies who are in the fight against domestic violence vii) The study will be used by the researcher for the award of bachelors

degree of Kampala international University.

CHAPTER TWO LITERATURE REVIEW

2.0. Introduction This chapter reviews literature as an account of the knowledge and ideas that have been established by accredited scholars and experts in the field of the study. It is guided by the objectives of the study outlined in chapter one. 2.1 Background to Bride price in Uganda The practice of bride wealth in Africa has been associated with marriages under customary law. Traditionally, bride price was supposed to consist of gifts given to the parents of a bride in appreciation of their role in the bride's up bringing. Bride wealth has also been defended as an institution that serves to protect the wife against abuse from her husband, stabilise the marriage and join the two families together. In some cases, bride price was supposed to act as security for the wife in case of divorce. Today, the institution of bride wealth has infiltrated many different forms of marriages in Uganda e.g. Civil, Christian, Hindu and Islamic marriages. In fact, the institution of bridewealth is so "deeply entrenched in Ugandan society that ... in practice, [even] a civil marriage will not be regarded as valid by all concerned parties unless it has been preceded by bridewealth." Sylvia Tamale, Law Reform and Women's Rights in Uganda, 1 East Afr. J. Peace & Human Rts. 164, 171 (1993) [hereinafter Tamale, Law Reform and Women's Rights]; see also Uganda Association of Women Lawyers (FIDA-U),

A Research Project on Marriage, Its Rights and Duties and Marital Rape (1996) (Findings from studies "carried out in the districts of Iganga, Masindi, Soroti and Kampala, 95.1% of the respondents said that dowry is paid and 76.7% of these respondents asserted that dowry is a compulsory requirement.").The nature and amount of bridal wealth levied varies among the different tribes. In Buganda, the largest tribe in Uganda, it is local mwenge (banana wine), kanzus and gomesi (traditional dress) including a variety of other items like meat, vegetables, bananas, paraffin etc. In Bugisu, it is two heads of cattle and optionally, goats. Among the Japadhola it is 5 cows, 5 goats and a sheep. Bride price for tribes found in western and eastern Uganda is in the form of cattle. This may change depending on the economic status of a family; some may ask for rare antiquities such as coins now out of circulation. For most, if not all the tribes, until 1945, bride price was mainly a form of appreciation to parents of a girl who remains a virgin till her marriage. However, since the Second World War many changes have occurred in the structure of society, thereby increasing the significance of bridal wealth in these communities. Migration to towns and cities, economic decline during the Amin and Obote II era meant that families were split and increasingly impoverished. All cultural values and norms that governed bride price gave way to economic interests in most parts of Uganda except Buganda, which still retains the cultural basis of bride price. Currently, the level of poverty in the countryside is extremely high and this has had a direct impact on the institution of bride price. 2.2 Bride price as a slave-like practice Bride price has been condemned as a practice similar to slavery, which should be abolished. The Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery (to which Uganda is signatory) states in section one that: "each of the States Parties to this

Convention shall take all practicable and necessary legislative and other measures to bring about progressively and as soon as possible the complete abolition of ... any institution or practice whereby: (i) A woman, without the right to refuse, is promised or given in marriage on payment of a consideration in money or in kind to her parents, guardian, family or any other person or group. Uganda assented to the slavery convention in 1964 and more recently, in 1995, Uganda reiterated its support for the international ban against slavery and hence, bride wealth by joining The International Covenant on Civil and Political Rights. The ICCPR states that "no one shall be held in slavery; slavery and slave-trade in all their forms shall be prohibited." Art. 8(1). The ICCPR further emphasises that "no one shall be held in servitude." Art. 8(2). In the same year that Uganda ratified the ICCPR, the Constitution was adopted and it too bans slavery in no uncertain terms. In addition, the Universal Declaration of Human Rights an instrument that has world-wide recognition as one which represents a common standard for all nations to strive for in the promotion of human dignity emphasises that all human beings are born free and equal in dignity and rights. (art.1). The African Charter also denounces all forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited." (art. 5) Bride price as a cause/ contributing factor to violence against women Violence against women violates women's human rights. Bride price promotes unequal power relations within the family and contributes towards such violence. Bride price is a practice that makes women vulnerable to abuse because they are treated as property instead of human beings. In a research study done in Uganda, bride price was reported as a leading cause of domestic violence. 62.2% of the focus groups polled listed bride price as a major source of domestic violence in their communities (Law & Advocacy for Women-Uganda, 2000).

Statistics from the Mifumi Domestic Violence Office and the Consultancy Report indicate that bride price is a significant factor to violence in the home. Ugandan women who participated in the Constitutional Commission also reported that "many men who have paid bride wealth subject their wives to inhuman treatment." Ministry of Women in Development, supra p. 6, at 3.4.1(ii) (a). Consider that in addition to the abuse that bride wealth promotes, women who are in these relationships are frequently trapped as a result of an exorbitant bride price that the parents either cannot afford to or do not want to refund to the husband. One woman stated that "Women in my culture are taken as property to be bought and can be treated as those who take them wish, as long as they pay the dowry bride price to the parents." The World Bank Group, Excerpts from Women in Tradition (visited January 20, 2009) at http://www.worldbank.org/worldlinks/english/ html/ugwomen.html. The right to be free from violence, torture, cruel, inhuman and degrading treatment is recognised in many international conventions. The Universal Declaration of Human Rights states that "[n]o one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment." UDHR, art. 5. The African Charter states that "all forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited." Art. 5. The International Covenant on Civil and Political Rights states that "no one shall be subject to torture or to cruel, inhuman or degrading treatment or punishment." Art. 7. The Constitution states that "[n]o person shall be subjected to any form of torture, cruel, inhuman or degrading treatment or punishment." Const., art. 24. The practice of bride wealth promotes cruel, degrading and inhuman treatment towards women. (Heise, 1998)

2.3 Bride price and right to equality in marriage The institution of bride wealth denies women equality throughout a marriage, and is therefore in violation of both international and domestic law. The Universal Declaration of Rights states that "[women] are entitled to equal rights as to marriage, during marriage and at its dissolution." Art. 16(1). Many international conventions ratified by Uganda have followed suit, as did the Ugandan Constitution. CEDAW, which Uganda ratified in 1985, compels Uganda to outlaw the practice of bride wealth. Following the Universal Declaration of Rights' example, CEDAW requires that: States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women: (a) The same right to enter into marriage; (b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent; (c) The same rights and responsibilities during marriage and at its dissolution Art 16. The ICCPR declares that "States Parties to the present Convention shall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution." Finally, Uganda included a specific provision in the Constitution reflecting this norm of international law: "Men and women ... have the right to marry ... and are entitled to equal rights in marriage, during marriage and at its dissolution" (Barzellato, 1998). In order to fully understand the impact of bride wealth on the equality of women throughout the course of a marriage, it is useful to consider the impact of the custom on each stage of a marriage separately: 1) the same and equal right to enter marriage and to freely choose a spouse; 2) the right to equality during a marriage; and 3) the right to equality at the dissolution of a marriage (Kaye, Mirembe, F; Bantebya, 2002)

A Woman's Equal Right with Men to Enter Marriage and to choose a Spouse The practice of bridewealth does not afford women the right to enter a marriage of their own choosing, a right which men clearly have. No woman who has to either ask her father to set a price for her that the groom can afford, or finds herself betrothed to a man simply because her family has struck a bargain for her and received the traditional bride wealth, has been able to choose her husband freely. Uganda has admitted as much in its government report to the UN Committee on the Elimination of Discrimination Against Women, stating that "cases may arise whereby a spouse is chosen for a woman provided the man can pay the amount of bride price required. ... This shows that women do not have a right to enter into marriages with their free and full consent" (CEDAW Report, 2008). Nor do such women have equal rights with men at marriage. The right to equality during the course of a marriage is eroded by the institution of bride price. Women are expected to be subservient to their husbands. One woman stated that "like a lot of men, my husband believed that, having paid bride price for me, he had a right to sleep around while it was my duty to stay at home, cook, clean, take care of the children, remain faithful and never complain." Mark Mathabane, Lobola, AIDS and Africa, Wash. Post, March 27, 2000, at A27. Women are subordinated into a powerless position in her marriage by the institution of bridewealth. Even at the dissolution of a marriage, women are in a powerless situation to effect divorce. A woman, Zahara Gaina from Western Uganda (Mbarara) testified that women from her culture were not supposed to apply for a divorce because it is taboo. It is the husband to decide on whether or not to divorce her. The World Bank Group, Excerpts from Women in Tradition (visited January 20, 2009) at http://www.worldbank.org/worldlinks/english/ html/ug-women.html. If women want a divorce, they must get their father's permission. Bride price must be returned to the husband; if the husband doesn't get his money back, then the

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wife will not be returned. Many women have to stay in abusive or simply unwanted marriages because their father cannot afford to or are unwilling to refund the bride wealth given to them by a husband. In essence, women cannot divorce their husbands without their father's consent, whereas men can divorce their wives without obtaining anyone's consent. 2.4 Bride price as a discriminatory practice The practice of bride wealth is facially discriminatory towards women. A man can marry anyone he likes, and need not ask his parents for permission. A woman must ask her father's permission, since he sets the bride price and has the power to make it too exorbitant for the suitor to afford. A man is not sold for a price set by his parents without his permission, as are women. A man can leave the marriage without anyone else's permission. A woman must obtain her father's permission, for in order to be divorced, the bride price paid by the husband to her father must be returned. As Uganda noted in its report to the UN Committee on the Elimination of Discrimination against Women: "The bride price is fixed by only male members of the family/clan: even the girl's mother has no hand in the affair; she is never present at the ceremony" (CEDAW Report, 2009). International law prohibits such blatant discrimination against women. CEDAW states that "the term 'discrimination against women' shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status ... of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field." CEDAW, art. 1. Article two of CEDAW requires state action to eliminate all forms of such discrimination, including those stemming from "customary ... practices which are based on the idea of the inferiority or the superiority of either of the sexes." Art.

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5(a). By failing to prohibit the practice of bride wealth, a sex discriminatory custom, Uganda violates its obligations under articles two and five of CEDAW. The African Charter states that everyone "shall be entitled to the enjoyment of the rights and freedoms recognised and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status" (Barzellato, 1998). 2.5 Bride price as a cause/contributing factor in the incidence of AIDS/ HIV infection The practice of Bride wealth contributes significantly to the spread of AIDS throughout Uganda. Not only does it threaten the health of women, but also men and children. The right to physical and mental health is recognised by most international human rights instruments. The African Charter states that "everyindividual shall have the right to enjoy the best attainable state of physicaland mental health." Art. 16(1). And that "States Parties to the present Charter shall take the necessary measures to protect the health of their people." Art. 16(2). The International Covenant on Economic, Social and Cultural Rights, similarly states that everyone has the right to "the enjoyment of the highest attainable standard of physical and mental health." Art. 12(1). Finally, domestic policy has consistently stressed the importance of improving the health of the Ugandan people, especially given the increasing problem that AIDS represents in this society. (CEDAW Report, 2007) The Uganda CEDAW Report, (2007) stated that the practice of bride wealth has been abused by parents and clan members asking for exorbitant sums or commodities. Young virgin women are in high demand because they are less likely to have already contracted AIDS.

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Rising costs of living has pushed families to sell their daughters as soon as possible in order to obtain the much-needed bride price that will supplement their family income. The bride wealth paid in Gulu, for instance, used to be a gift of 5 or more cows. These days, as cows are not available, bride wealth is paid in cash (UNDP,2009). The price required for a bride has been going up throughout Uganda and the average age of girls being sold into marriage is getting younger. See Ministry of Gender and Community Development, Women and Men in Uganda: Facts and Figures 1998 12 [Ministry, Facts and Figures 1998] Some men believe that young girls are less likely to have had sex - and encountered HIV - than older women. Some also believe that having sex with a virgin can cure them of HIV infection or AIDS). ( Carol Ezzell, 20005). (Early marriage means early realisation of the economic value of a daughter, and parents who are struggling to raise many children may choose to marry off their adolescent daughters earlier than they would have in different circumstances. See id.; see also Ministry, Facts and Figures 1998 at 12 (attributing the value to women's parents of bride wealth as one of the reasons women enter marriage at an earlier age than men). The marriage age for girls in Tororo, according to one TASO Councillor, as young as 13 and 15 years" (UNDP, 2009). Another related result of commercialisation of bride price is that many young men can not afford to marry because of the exorbitant bride price. Such men then opt to live with a woman out side marriage or to live alone. Both options tend to increase the spread of AIDS. If young men choose to live with a woman without getting married, it has been found to encourage high-risk sexual behaviour. ( UNDP, 2008) President Yoweri Museveni has said that the culture of exorbitant bride price and dowry now taking root in Ankole is the cause of the escalating rate of prostitution in the region. Museveni said that the youth in Ankole have resorted to staying single - hence engaging in prostitution because of the high bride price demanded by parents for their daughters. He said it was very unfortunate for the Banyankole

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to turn their daughters into "income generating projects" by demanding hefty sums of money and herds of cattle from in-laws to be. Museveni said the issue of "selling girls" in Ankole has gone too far with some parents now demanding only Friesian cows. (New vision, 2008)

2.6 National laws in Uganda There is no law in Uganda that specifically prohibits payment of bride price. Bride price is widely practised and even condoned by statutory and case law. The Customary Marriages Registration Decree governs customary marriages in Uganda permits customary marriages to be celebrated according to the rites of the community (section 38) . According to the African marriage rites, bride price is essential for the validity of a customary marriage. The Ugandan courts have taken the additional step of stating that a marriage is not valid under customary law if Bride wealth has not been exchanged. In the case of Uganda Versus Eduku (1975) HCB 359, the court held that a customary marriage is not valid until bride price has been exchanged. Uganda has a plural system of laws, applies written law, case laws, customary law and common law. In addition, many different types of marriages, e.g. civil, customary, Islamic, Hindu and Christian marriages. Most marriages do entail payment of bride price even if they are not customary marriages. Although the practice of bride wealth is widely condoned and practiced, this practice contravenes the Ugandan Constitution and other International Human Rights Instruments and Conventions that Uganda has signed as discussed above The Ugandan Constitution which is the supreme law specifically prohibits "laws, cultures, customs or traditions which are against the dignity, welfare or interest of women or which undermine their status" art 33. The Constitution accords both

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men and women the right to marry, to equal rights in marriage, during marriage and at its dissolution. " Const. , art. 31, 1. Art 31 (3) requires consent to the union by both the man and the woman. Articles 21, of the 1995 Ugandan Constitution provides for equality and non discrimination on the grounds of sex and articles 32 and 33 provides for the protection and promotion of women as a marginalised group and calls for affirmative action. The Constitution provides the basis for gender equality and for the protection and promotion of women's rights. It specifically prohibits laws and practices that discriminate against women. Since the constitution is the supreme law, any laws and practices that are not consistent with the Constitution are void. 2.7 The Proposed Law The current trend is to put in place laws and policies that are in conformity with the Constitution. The government of Uganda has recognised that the practice of bride wealth is destructive to women, and goes in violation of both domestic and international law and against the policy of this government. Between 1993-4, during the process of collection of ideas to be incorporated in the new constitution in Uganda, the Constitutional Commission stated that women from thirteen districts agreed that the practice of "bride wealth undermines the status of women and often implies that men believe they have the right to treat their wives as slaves, or property or ornaments purchased. " Recommendations by the Women of Uganda. The Uganda government is aware of the problems caused by bride price and has acknowledged the adverse effects that the payment of bride price has on women. It is aware that bride price assumed the character of selling and buying, lowers the status of women to a chattel and has serious implications on women's human rights.

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Presently, the Ugandan government proposes to enact a new family law that will conform to the Constitution. Section 19 of the proposed Domestic Relations Bill deals with the issue of bride price and states that: Marriage gifts shall not be essential requirements for any marriage under this Act, but where marriage gifts have been given by any party to a marriage under this Act, it shall be an offence to demand for the return of the marriage gifts. This is one step towards the abolition of the institution of bride price. However, this law has not yet been enacted and may take years before it is passed. In the mean time therefore, The Mifumi Intervention project provides an important social strategy in curtailing the practice of bride price. 2.8 Conclusion The practice of bride price is gross violation of human rights and exposes the victim to violence, abuse as well as numerous health risks and dangers. The International community has recognised that bride price is a form of slavery, a violation of the fundamental rights of liberty, equality and non discrimination among others, and calls for states to abolish it. The institution of bride price has far reaching health, economic, social, human rights and legal effects in societies where it is practised. It is a practice that subordinates women, objectifies them, commercialises marriage and threatens women's physical and mental health. Bride price is a practice that has outlived its usefulness and should be abolished in the societies where it is practised. Although bride price is widespread, there is very little research or interventions put in place to abolish it in the communities where it is practised.

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CHAPTER THREE METHODOLOGY 3.0 Introduction This chapter constitutes the research design, population and sample, sampling procedure, data collection methods and instruments and data analysis. 3.1 Research Design The quantitative and qualitative designs were used. The qualitative design involved the administration of a structured questionnaire developed in order to capture the findings and attitudes of respondents. The qualitative design involved the use of semi-structured interview schedules that were administered to the respondents. 3.2 Study population The study population consisted of 40 community members who were familiar with the topic who were picked at random from Iganga District. The study also included some NGO officials and Leaders directly dealing with the problems of Domestic Violence. 3.3 Sample Framework 3.3.1 Sample size A total of sixty respondents were used for this study as illustrated by the table 3. Table 3: Categories of Sample 17

Categories of Respondents District leader NGO officials Community members Total 3.3.2 Sample technique

Sample 1 2 37 40

Using a convenient sampling technique, a total of 40 number of respondents were selected for this study. 3.3.3 Sample procedure A primary sample of 20 people was taken from the local population where the researcher stays to participate in the trial run of instruments to perform items analysis. Then a second sample of about 10 comprising of youth, women, men, elders, local councils, administrative officials were sampled quotably and purposely to prove the construct validity of instruments. 3.4 Methods 3.4.1 Instruments (i) Observation method The behaviors of the women who confessed to be abused by the fact that the husband paid their bride price in order to understand the extent of the problem and how bad it can affect the victims. (ii) Questionnaire method Open and close ended questions were administered to the local community in order to get answers to the questions regarding bride price and domestic violence. (iii) Interview method

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Interviews were held with the NGOs about how the problems they face on domestic violence.

3.4.2 Sources of data This study used both primary and secondary data. i) Primary Data Primary data was collected using interview guides, which were given to District officials and local leaders. These were self administered since these respondents were all literate. For community members questionnaires were distributed to them to get the required information for the study ii) Secondary Data Secondary data was through Document analysis in the form of reports, training manual, news papers, and journals for the period under study were read and the required data collected from them. 3.5 Data processing Qualitative data involved three sets of activities which included editing, coding and frequency tabulations. Editing was done by looking through each of the field responses from interview guides and focus group discussions ascertaining that every applicable question had an answer and all errors eliminated for the completeness, accuracy and uniformity. 3.6 Data analysis Using quantitative technique the researcher then proceeded on to coding the various responses given to particular questions that lacked coding frames, she then established how many times each alternative response category was given

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an answer using tally marks which later was added up. Data was then presented in frequency tabulations rendering it ready for interpretation. 3.7 Ethical procedure In carrying out research the researcher first got a release letter from the course administrators at Kampala International University which she took to the District headquarters in Iganga. she was then given permission by the authority to access information necessary for this study. The respondents were not required to give their names in the process of acquiring information so as to protect their identity which is a requirement of the ethical procedure in research. This would also enable the researcher to get the confidence of respondents in order to ensure that accurate information was given. 3.8 Limitation of the study The first limitation of this study is time constraints. There is little time given for the study and yet a lot is required in terms of finding the required information form the respondents. This problem was solved by strictly following the timetable made for carrying out this study in order to avoiding being caught by time. Also there is the issue of some respondents who fail to return the questionnaires as the research had to consider other people who in the first place were not supposed to be part of the study. Finally the issue of financial resources needed to carry out the study as there was no body who offered to sponsor the researcher. She has to foot all the bills on her own.

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CHAPTER FOUR PRESENTATION, ANALYSIS AND DISCUSSION OF THE FINDINGS 4.0 Introduction This chapter is a presentation, interpretation and discussion of the field results. The results are presented in tables and in form of frequency counts and percentages. The results and discussions are centered on the set objectives of the study. 4.1 Demographic Characteristics of Respondents 4.1.1 Sex The study covered 40 randomly selected respondents of whom 25(60%) were female and 15(40%) were male as shown in the figure 1. Figure 1: Sex of respondents

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40% Male Female 60%

Source: Primary Data Figure 1 indicates that the majority of respondents (25) were female. This is attributed to the fact that the respondents were more women than men because women are known to show more customer care to the visitors compared to men. 4.1.2 Age Table 1: Age of respondents Age 20-29 30-39 40- and above Total Source: Primary Data Respondents 10 40 10 40 Frequency 16.7% 66.7% 16.7% 100%

The majority of respondents were in the age bracket of 30-39 (66.7%). This was because it is the age bracket that is mostly married and suffers violence. 4.1.3 Education Table 2: Education of respondents Education level Primary Number 20 Percentage (%) 60

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Secondary Diploma Degree Post graduate Total Source: Primary Data

10 7 3 40

20 14 6 100

Table 2 shows that the majority of the respondents 20(60%) had undergone some form of education at least to primary and secondary level (20). Although a few respondents especially those working with NGOs handling the problem of domestic violence had been fully educated to diploma (14%) and degree level (6%).

4.3 Bride price and the right to equality in marriage The first objective of the study was to investigate whether Bride price affects the right to equality in marriage. To achieve this, respondents were asked on whether the practice of bride wealth does not afford women the right to enter a marriage of their own choosing, a right which men clearly have; whether because of the practice of bride wealth, women are in a powerless situation to effect divorce; whether many women have to stay in abusive or simply unwanted marriages because their father cannot afford to or are unwilling to refund the bride wealth and whether Bride price is a practice that makes women vulnerable to abuse because they are treated as property instead of human beings. The results are presented in the subsections illustrated below; Respondents were asked if the practice of bride wealth does not afford women the right to enter a marriage of their own choosing, a right which men clearly have. Their responses are summarized in Table 3

23

Table 3: Opinion on whether the practice of bride wealth does not afford women the right to enter a marriage of their own choosing Response Agree Not sure Disagree Total Source: Primary Data The results in Table 3 shows that 20(50%) of employees disagreed with the statement that the practice of bride wealth does not afford women the right to enter a marriage of their own choosing. 10(25%) were not sure and 10(25%) agreed that the practice of bride wealth does not afford women the right to enter a marriage of their own choosing. The results therefore indicate the practice of bride wealth affords women the right to enter a marriage of their own choosing Consequently, bride price payment and domestic violence were perceived to have some connection, whose basis was gender inequality. When probed whether bride price payment, domestic violence and reproductive ill-health were related, respondent thought so, as illustrated by an abstract from the interview with one midwife: Yes, some men think that contraceptives will make women barren, so they beat up women who use them. Others believe contraceptives make women wild, that they may either get more interest in sex, or become more carefree as they know they will not conceive. Often, they are younger (than men). Many women hide any evidence that they are using them (contraceptives). In case they get problems, they dont let their husbands know. They just stop using (them), conceive and later may get rid of the pregnancy. At times you Number 10 10 20 40 Percentage (%) 25 25 50 100

24

sit both (man and woman) together, but they fail to agree on what methods to use, or even (using) any methods. Some (couples) agree for the sake, but later change their mind, and the man always has the final say. Respondents were asked if in the practice of bride wealth, women are in a powerless situation to effect divorce. Their responses are summarized in Figure2 from page 25 Figure 2: Opinion of respondents on whether in the practice of bride wealth, women are in a powerless situation to effect divorce

50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% Agree Not sure Disagree 25% 25% 50%

Source: Primary Data The results in Figure 2 showed that 20(50%) of employees agreed that in the practice of bride wealth, women are in a powerless situation to effect divorce. 25

10(25%) were not sure and 10(25%) disagreed that in the practice of bride wealth, women are in a powerless situation to effect divorce. The results of the findings therefore show that in the practice of bride wealth, women are in a powerless situation to effect divorce. Respondents were asked if women have to stay in abusive or simply unwanted marriages because their father cannot afford to or are unwilling to refund the bride wealth. Their responses are summarized in Table 4;

Table 4: Opinion of respondents on whether women have to stay in abusive or simply unwanted marriages Response Agree Not sure Disagree Total Source: Primary Data The results in Table 4 showed that 20(50%) of employees agreed that Many women have to stay in abusive or simply unwanted marriages because their father cannot afford to or are unwilling to refund the bride wealth. 5 (12.5%) were not sure and 15(37.5%) disagreed Many women have to stay in abusive or simply unwanted marriages because their father cannot afford to or are unwilling to refund the bride wealth. Thus it can be said that many women have to stay in abusive or simply unwanted marriages because their father cannot afford to or are unwilling to refund the bride wealth Number 20 5 15 40 Percentage (%) 50 12.5 37.5 100

26

Respondents were asked if Bride price is a practice that makes women vulnerable to abuse because they are treated as property instead of human beings. Hence, their responses are summarized in Figure 3;

Figure 3: Opinion of respondents on whether bride price is a practice that makes women vulnerable to abuse because they are treated as property instead of human beings

70.00% 60.00% 50.00% 40.00% 62.50% 30.00% 20.00% 10.00% 0.00% Agree Not sure Disagree 37.50%

Source: Primary Data The results in Figure 3 showed that 25(62.5%) of employees agreed that Bride price is a practice that makes women vulnerable to abuse because they are treated as property instead of human beings and 15(37.5%) disagreed that Bride price is a practice that makes women vulnerable to abuse because they are

27

treated as property instead of human beings. The results therefore conclude that Bride price is a practice that makes women vulnerable to abuse because they are treated as property instead of human beings. Older men expressed that they felt compelled to exercise their authority in the home with the justification they paid bride price, a view common among young men too. Where they sensed a real or imaginary threat to their authority, men were said to resort violence, as exemplified by two key informants: Men are dominant in decision-making. The woman has no power for anything. Where the man is suspicious or insecure, domestic violence is common. This is mainly where the man is unemployed or the woman has higher education and social status. He expects the woman to show him respect as the village women should. He may even refuse her from working outside home. Such women may be assaulted. I am not sure whether people who have grown in the town experience the same. (Young woman, NGO) Respondents were asked if many men who have paid bride wealth subject their wives to inhuman treatment. Their responses are summarized in Table 5; Table 5: Opinion on whether men who have paid bride wealth subject their wives to inhuman treatment Response Agree Not sure Disagree Total Source: Primary Data Number 35 5 40 Percentage (%) 87.5 12.5 100

28

The results in Table 5 showed that 35(87.5%) of employees agreed that many men who have paid bride wealth subject their wives to inhuman treatment and 5(12.5%) disagreed that Many men who have paid bride wealth subject their wives to inhuman treatment. Thus, it can be said that many men who have paid bride wealth subject their wives to inhuman treatment according the findings of this study. Women lack power to make decisions in the home. The culture does not allow them to stand up to the men. The laws are also (support)men, especially over sexual matters. If (women) want to leave, they pay back the bride price first. (Local Council chairman) Respondents were asked if women are subordinated into a powerless position in their marriage by the institution of bride wealth. Their responses are summarized in Figure 4; Figure 4: Opinion on whether women are subordinated into a powerless position in their marriage by the institution of bride wealth

90.00% 80.00% 70.00% 60.00% 50.00% 40.00% 30.00% 20.00% 10.00% 0.00% Agree Not sure Disagree 12.50% 87.50%

Source: Primary Data

29

The results in Figure 4 showed that 35(87.5%) of employees agreed that Women are subordinated into a powerless position in their marriage by the institution of bride wealth and only 5(12.5%) disagreed that Women are subordinated into a powerless position in their marriage by the institution of bride wealth. Thus it can be said that Women are subordinated into a powerless position in their marriage by the institution of bride wealth according to findings in this study. Women in many families were dependent on economic support from men. Since the perception was that women were bought, the buyers controlled all financial and social resources (the wife inclusive). This reduced the womans decisionmaking, enhancing gender power imbalances. Such women feared leaving an abusive relationship as the man may demand repayment of bride price by her family. The girl is .dependent on the spouse, more so if she marries a much older or uneducated man. She can not take independent positions. Such men are even more jealous and possessive. Such women will be subject to domestic violence.(Local Council leader, woman) 4.4 Bride price as a discriminatory practice The second objective of the study was to investigate whether Bride price results in discrimination in the marriage. To achieve this, respondents were asked on whether a man can marry anyone he likes, and need not ask his parents for permission and like the woman who only has to marry one man; whether a woman must ask her father's permission, since he sets the bride price and has the power to make it too exorbitant for the suitor to afford; and whether a man can leave the marriage without anyone else's permission unlike a woman who has to seek permission from her parents. Data collected was analyzed below;

30

Respondents were asked if a man can marry anyone he likes, and need not ask his parents for permission and like the woman who only has to marry one man. Their responses are summarized in Table 6; Table 6: Opinion of respondents on whether a man can marry anyone he likes Response Agree Not sure Disagree Total Source: Primary Data Results from Table 6 show that 20(50%) of respondents agreed that a man can marry anyone he likes, and need not ask his parents for permission and like the woman who only has to marry one man. 15(37.5%) of the respondents said a man can marry anyone he likes, and need not ask his parents for permission and like the woman who only has to marry one man while 5(12.5%) of the respondents were not sure. It can thus be concluded that a man can marry anyone he likes, and need not ask his parents for permission and like the woman who only has to marry one man according the results of this study. Respondents were asked if a woman must ask her father's permission, since he sets the bride price and has the power to make it too exorbitant for the suitor to afford. Their responses are summarized in Figure 5; Figure 5: Opinion on whether a woman must ask her father's permission, since he sets the bride price Number 20 5 15 40 Percentage (%) 50 12.5 37.5 100

31

90.00% 80.00% 70.00% 60.00% 50.00% 40.00% 30.00% 20.00% 10.00% 0.00% Agree Not sure Disagree 12.50% 87.50%

Source: Primary Data The results in Figure 5 showed that 35(87.5%) of employees agreed that a woman must ask her father's permission, since he sets the bride price and has the power to make it too exorbitant for the suitor to afford and 5(12.5%) disagreed that a woman must ask her father's permission, since he sets the bride price and has the power to make it too exorbitant for the suitor to afford. Thus, it can be said that a woman must ask her father's permission, since he sets the bride price and has the power to make it too exorbitant for the suitor to afford basing on the findings of this study. Respondents were asked if a man can leave the marriage without anyone else's permission unlike a woman who has to seek permission from her parents. Their responses are summarized in Table 7; Table 7: Opinion on whether a man can leave the marriage without anyone else's permission Response Number Percentage (%)

32

Agree Not sure Disagree Total Source: Primary Data

20 10 10 40

50 25 25 100

The results in Table 7 showed that 20(50%) of employees agreed that a man can leave the marriage without anyone else's permission unlike a woman who has to seek permission from her parents. 10(25%) were not sure and 10(25%) disagreed that a man can leave the marriage without anyone else's permission unlike a woman who has to seek permission from her parents. It thus be concluded from the findings that a man can leave the marriage without anyone else's permission unlike a woman who has to seek permission from her parents Respondents were asked if the bride price is fixed by only male members of the family/clan: even the girl's mother has no hand in the affair; she is never present at the ceremony. Their responses are summarized in Table 8; Table 8: Opinion on whether the bride price is fixed by only male members of the family/clan Response Agree Not sure Disagree Total Source: Primary Data Number 35 5 40 Percentage (%) 87.5 12.5 100

33

The results in Table 8 showed that 35(87.5%) of employees agreed that The bride price is fixed by only male members of the family/clan: even the girl's mother has no hand in the affair; she is never present at the ceremony and 5(12.5%) disagreed that The bride price is fixed by only male members of the family/clan: even the girl's mother has no hand in the affair; she is never present at the ceremony. It can thus be concluded from the findings that the bride price is fixed by only male members of the family/clan: even the girl's mother has no hand in the affair; she is never present at the ceremony Respondents were asked if the promise of Bride Price encourages parents to force young girls out of school in order to be married off for Bride Price which discriminates against girls in education. Their responses are summarized in Figure 6;

Figure 6: Opinion of respondents on whether the promise of Bride Price encourages parents to force young girls out of school in order to be married off

70.00% 60.00% 50.00% 40.00% 62.50% 30.00% 20.00% 10.00% 0.00% Agree Not sure Disagree 37.50%

34

Source: Primary Data The results in Figure 6 showed that 25(62.5%) of employees agreed that The promise of Bride Price encourages parents to force young girls out of school in order to be married off for Bride Price which discriminates against girls in education and 15(37.5%) disagreed that The promise of Bride Price encourages parents to force young girls out of school in order to be married off for Bride Price which discriminates against girls in education. It can thus be concluded that The promise of Bride Price encourages parents to force young girls out of school in order to be married off for Bride Price which discriminates against girls in education according the findings in this study.

4.5 Bride price as a cause/contributing factor in the incidence of AIDS/ HIV infection The third objective of the study was to investigate whether Bride price is the cause/contributing factor in the incidence of AIDS/ HIV infection. To achieve this, respondents were asked on whether Bride Price reduces women to the status of chattel or property and exposes them to all sorts of abuse, widow inheritance and the risk of HIV infection; whether young virgin women are in high demand because they are less likely to have already contracted AIDS; Rising costs of living has pushed families to sell their daughters as soon as possible in order to obtain the much-needed bride price that will supplement their family income; Some men believe that young girls are less likely to have had sex - and encountered HIV - than older women and whether If young men choose to live with a woman without getting married, it has been found to encourage high-risk sexual behaviour. Data collected was analyzed below;

35

Respondents were asked if Bride Price reduces women to the status of chattel or property and exposes them to all sorts of abuse, widow inheritance and the risk of HIV infection s. Their responses are summarized in Table 9; Table 9: Opinion on whether Bride Price reduces women to the status of property Response Agree Not sure Disagree Total Source: Primary Data The results in Table 9 showed that 35(87.5%) of employees agreed that Bride Price reduces women to the status of chattel or property and exposes them to all sorts of abuse, widow inheritance and the risk of HIV infection and only 5(12.5%) disagreed that Bride Price reduces women to the status of chattel or property and exposes them to all sorts of abuse, widow inheritance and the risk of HIV infection. Thus it can be said that Bride Price reduces women to the status of chattel or property and exposes them to all sorts of abuse, widow inheritance and the risk of HIV infection according to the findings of this study. Young womens view is illustrated by one respondent: It has lost value. Women are forced to marry at young age because (they) want cows. Those who cannot afford to pay may not marry or may just elope. How do you equate a woman to cows, goats or money? It does not matter even if the woman is educated; her value is reduced to cows or goats. Number 35 5 40 Percentage (%) 87.5 12.5 100

36

In contrast, reasons expressed by young men as to why bride price should be abolished were that presently, it is expensive and unaffordable. Some young participants, however, found bride price payment necessary since what was paid to the mens family was used by men as bride price (when the latter wanted to marry). Respondents were asked if rising costs of living has pushed families to sell their daughters as soon as possible in order to obtain the much-needed bride price that will supplement their family income. Their responses are summarized in Figure 7;

Figure 7: Opinion on whether Rising costs of living has pushed families to sell their daughters

50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% A gree Not s ure Dis agree 25% 25% 50%

37

Source: Primary Data The results in Figure 7 showed that 20(50%) of employees agreed that the Rising costs of living has pushed families to sell their daughters as soon as possible in order to obtain the much-needed bride price that will supplement their family income. 10(25%) were not sure and 10(25%) disagreed that Rising costs of living has pushed families to sell their daughters as soon as possible in order to obtain the much-needed bride price that will supplement their family income. It thus be concluded that rising costs of living has pushed families to sell their daughters as soon as possible in order to obtain the much-needed bride price that will supplement their family income according to the results from the findings of this study. Respondents were asked if the young virgin women are in high demand because they are less likely to have already contracted AIDS. Their responses are summarized in Table 10; Table 10: Opinion of respondents on whether the young virgin women are in high demand because they are less likely to have already contracted AIDS Response Agree Not sure Disagree Total Source: Primary Data Results from Table 10 show that 20(50%) of respondents agreed that the young virgin women are in high demand because they are less likely to have already contracted AIDS. 16(40%) of the respondents said the young virgin women are in high demand because they are less likely to have already contracted AIDS while 5(12.5%) of the respondents were not sure. It can thus be concluded that young Number 20 4 16 40 Percentage (%) 50 10 40 100

38

virgin women are in high demand because they are less likely to have already contracted AIDS considering the findings from this study. Consequent to non-negotiation, high fertility rates, low contraceptive use rates and poor health of women were perceived to be related to bride price payment. This sentiment is illustrated by one elderly man in FGD: Early marriage, poverty and frequent pregnancies are common, as the men may not allow women to use contraceptives suspecting that they may end up being promiscuous. They (men) get insecure if women start using contraceptives, especially for women who have some work outside the home. Respondents were asked if some men believe that young girls are less likely to have had sex - and encountered HIV - than older women. Their responses are summarized in Table 11; Table 11: Opinion of respondents on whether some men believe that young girls are less likely to have had sex - and encountered HIV - than older women Response Agree Not sure Disagree Total Source: Primary Data Results from Table 11 show that 20(50%) of respondents agreed that Some men believe that young girls are less likely to have had sex - and encountered HIV than older women. 15(37.5%) of the respondents said Some men believe that young girls are less likely to have had sex - and encountered HIV - than older women while 5(12.5%) of the respondents were not sure. It can thus be Number 20 5 15 40 Percentage (%) 50 12.5 37.5 100

39

concluded that some men believe that young girls are less likely to have had sex - and encountered HIV - than older women from the findings of this study.

Respondents were asked if young men choose to live with a woman without getting married, it has been found to encourage high-risk sexual behaviour. Their responses are summarized in Figure 8;

Figure 8: Opinion of respondents on whether young men choose to live with a woman without getting married

40% 50% Agree Not sure Disagree

12.50%

Source: Primary Data

40

Results from Figure 8 show that 20(50%) of respondents agreed that young men choose to live with a woman without getting married, it has been found to encourage high-risk sexual behaviour. 16(40%) of the respondents said young men choose to live with a woman without getting married, it has been found to encourage high-risk sexual behaviour while 5(12.5%) of the respondents were not sure. It can thus be concluded that young men choose to live with a woman without getting married, it has been found to encourage high-risk sexual behaviour according to the findings from this study.

CHAPTER FIVE SUMMARY OF THE MAJOR FINDINGS, RECOMMENDATIONS AND CONCLUSIONS

5.0 Introduction In this chapter, the conclusions from the study and the recommendations made are presented. The study used both qualitative and quantitative methods of analysis. 5.1 Summary The promise of Bride Price encourages parents to force young girls out of school in order to be married off for Bride Price. This discriminates against girls in education. Though marriage payments can take many different forms, no consensus exists on which of these forms, if any, will enhance the welfare of women. In theory, bride price could be interpreted as explicit recognition and valuing of womens productivity and contribution to marriage; in practice, it often

41

serves to limit womens control over their bodies. Both sexually and in terms of their labor, bride price has long been linked to domestic violence, owing to womens fear of returning to their natal home without being able to repay the bride price (Ansell, 2001). African womens rights campaigners advocate the abolishment of the practice, and have linked it to the spread of AIDS, since bride price as payment for sexual rights leads to womens loss of say in sexual protection and frequency. A working paper by Bishai and Grossbard (2006) demonstrates that bride price increases the number of extramarital affairs for men, but decreases those of women. Many young couples begin their married life poorer, with the groom having paid the little income he had on Bride Price. This contributes to poverty and Domestic Violence. Many young men who cannot afford Bride Price simply co-habit. This makes them forfeit many rights and entitlements, which can be particularly detrimental for already disadvantaged and vulnerable women. Many parents often sell their land, a vital resource, to refund Bride Price. Most economic explanations for bride price are based on notions of supply and demand in the marriage market. Demand for women should arise when they contribute productive agricultural labor and land is not scarce. Although correlations between womens economic productivity and bride prices have been asserted in the anthropological literature, the importance of these relationships has not been empirically tested. For example, Jacoby (1995) empirically links the productivity of women in agriculture to polygene in Africa but does not have data on bride prices. Likewise, the reported rise of bride price payments in colonial Africa and their subsequent decline in more recent times is inferred from case study and anecdote, but has not been firmly established.

42

Bride Price reduces women to the status of chattel or property and exposes them to all sorts of abuse, widow inheritance and the risk of HIV infection. Because women generally join the household of their groom at the time of marriage, bride price is typically considered to be the payment a husband owes to a brides parents for the right to her labor and reproductive capabilities. The amount of bride price required has usually been rather uniform throughout society, where the size is linked directly to the number of rights which are transferred and not to the wealth level of the families involved. The practice of bride wealth is facially discriminatory towards women. A man can marry anyone he likes, and need not ask his parents for permission. A woman must ask her father's permission, since he sets the bride price and has the power to make it too exorbitant for the suitor to afford. A man is not sold for a price set by his parents without his permission, as are women. A man can leave the marriage without anyone else's permission. A woman must obtain her father's permission, for in order to be divorced, the bride price paid by the husband to her father must be returned. 5.2 Recommendations 5.2.1 Government The government should have a straight forward law that strictly prohibits the practice of bride price since it contravenes the Ugandan Constitution and other International Human Rights Instruments and Conventions that Uganda has signed Government must put in place measures which the police and other bodies that are responsible for enforcing the law can use to take the culprits to book. The government should discourage the practice bride price by sensitizing the community about the dangers the practice brings so that they can abandon it willingly.

43

The government should incorporate the subject in school curricular so that children can learn about its dangers at an early stage so that they inform their communities where they come from about the dangers the practice come with so that the communities see the need to stop the practice 5.2.2 NGOs NGOs responsible for the fight against domestic violence should be facilited to directly go to the villages and sensitize people about the dangers of stopping the practice of bride price. NGOs should come out and help the people who have been abused due to the fact that they were married off and bride price paid. They should do this through helping the affected people get the money to pay back the bride wealth. NGOs should be helped to cooperate with law enforcement officers in order to identify the women who are victims of abuse due to bride price so that the culprits should be taken to answer for their climes. 5.2.3 Local community The local community should be on the look out against people who abuse their spouses due to the fact that they paid their pride price. This would enable to help the victims get justice from their abusers. The local community should denounce the practice of setting the bride price and leave the couples to marry either free of charge of at a price only determined by the couples them selves at will with out any obligation to pay. 5.2.4 International community The practice of bride price is gross violation of human rights and exposes the victim to violence, abuse as well as numerous health risks and dangers. The

44

international community should ensure that it argues all countries to abolish it and put in place laws that punish the culprits. The international community through governments and international Non government organizations should support the activities that help stop the practice through donor aid. 5.2.5 General recommendations The institution of bride price has far reaching health, economic, social, human rights and legal effects in societies where it is practiced. All stake holders should work towards its abolishion by supporting the institutions that help to eliminate it and sensitizing the people about the dangers of practicing it.

5.2.6 Areas for further research Further areas of research are suggested from the outputs of this report; (i) Economic impact of bride price on the family of the married couple (ii) Prevalence of Marriage Payments in Uganda (iii) Social Characteristics and the Occurrence of bride price 5.3 Conclusions Uganda is one of the countries where the practice of bride price is the norm. Bride price is currently actively practiced throughout the country. Violence against women violates women's human rights. Bride price promotes unequal power relations within the family and contributes towards such violence. Bride price is a practice that makes women vulnerable to abuse because they are treated as property instead of human beings. The institution of bride wealth denies women equality throughout a marriage, and is therefore in violation of both international and domestic law. The practice of

45

bride wealth does not afford women the right to enter a marriage of their own choosing, a right which men clearly have. No woman who has to either ask her father to set a price for her that the groom can afford, or finds herself betrothed to a man simply because her family has struck a bargain for her and received the traditional bride wealth, has been able to choose her husband freely. If women want a divorce, they must get their father's permission. Bride price must be returned to the husband; if the husband doesn't get his money back, then the wife will not be returned. Many women have to stay in abusive or simply unwanted marriages because their father cannot afford to or are unwilling to refund the bride wealth given to them by a husband. In essence, women cannot divorce their husbands without their father's consent, whereas men can divorce their wives without obtaining anyone's consent. The practice of bride wealth is facially discriminatory towards women. A man can marry anyone he likes, and need not ask his parents for permission. A woman must ask her father's permission, since he sets the bride price and has the power to make it too exorbitant for the suitor to afford. A man is not sold for a price set by his parents without his permission, as are women. A man can leave the marriage without anyone else's permission. A woman must obtain her father's permission, for in order to be divorced, the bride price paid by the husband to her father must be returned. The practice of Bride wealth contributes significantly to the spread of AIDS throughout Uganda. Not only does it threaten the health of women, but also men and children. The right to physical and mental health is recognized by most international human rights instruments. The practice of bride price is gross violation of human rights and exposes the victim to violence, abuse as well as numerous health risks and dangers. The International community has recognized that bride price is a form of slavery, a

46

violation of the fundamental rights of liberty, equality and non discrimination among others, and calls for states to abolish it. The institution of bride price has far reaching health, economic, social, human rights and legal effects in societies where it is practiced. It is a practice that subordinates women, objectifies them, commercializes marriage and threatens women's physical and mental health. Bride price is a practice that has outlived its usefulness and should be abolished in the societies where it is practiced. Although bride price is widespread, there is very little research or interventions put in place to abolish it in the communities where it is practiced.

REFERENCES Barzellato, J. (1998). Understanding Sexual and Reproductive Violence: an overview. Int J Gynecol Obstet;63:S13S18. Blanc, AK; Wolff, B; Gage, AJ; Ezeh, AC; Neema, S; Ssekamatte-Ssebuliba, J. (1995). Negotiating Reproductive Outcomes in Uganda. Calverton, MD and Kampala, Uganda: Macro International and Institute of Statistics and Applied Economics. Corbin, J. Coding, (1991). writing memos and diagramming. In: Chenitz WC, Swanson JM. editors. From practice to grounded theory. Menlo Park, CA: Addison-Wesley. pp. 91101. Creswell, JW. (1994). Research design: Qualitative and quantitative approaches. CA: Sage: Thousand Oaks; FIDA (2006): Annual reports

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Heise, L. (1998). Violence against women: an integrated ecological framework. Violence against women. 4:262290. Kaye, D; Mirembe, F; Bantebya, G (2002). Levels, types, severity and risk factors for domestic violence among women attending antenatal clinic in Mulago hospital, Uganda. Cent Afr J Med. 40(5/6):6368. Landenburger, K. (1999). A process of entrapment in and recovery from an abusive relationship. Issues in Mental Health Nursing. 10:209227. Levinson, D. (2007). Violence in cross cultural perspective. Newbury Park, California: Sage Publishers. Silberschmidt, M. CDR Research report No. 16. Copenhagen: (1991). Rethinking men and gender relations: an investigation of men, their changing roles within the household and implication for gender relations in Kisii District, Kenya. Strube, M. (1988): The decision to leave an abusive relationship: empirical evidence and theoretical issues. Psychological Bulletin; 104:236250. UDHS 2000/2001. Calverton, MD, USA (2001): Uganda Bureau of Statistics and Macro International, Inc; Uganda Demographic and Health Survey (UDHS) report.

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APPENDICES APPENDIX A: QUESTIONNAIRE FOR THE COMMUNITY Dear respondent, I am a student of Kampala International University carrying out an academic research on the impact of bride price on the domestic violence in Iganga District. You have been randomly selected to participate in the study and are therefore kindly requested to provide an appropriate answer by either ticking the best option or give explanation where applicable. The answers provided will only be used for academic purposes and will be treated with utmost confidentiality. NB: do not write your name anywhere on this paper. A) Personal Information 1. Gender a) Male 2. Age a) Below 30 years b) 31- 40 49 b) Female

c) 41-50 3. Marital status

c) 51 and above

a) Married and living with his/her husband or wife b) Married but not living with his/her husband or wife c) Divorced e) Single d) Widowed

4.

Educational status. a) Illiterate c) Secondary education b) Primary education d) College or university

e) Others (mention).. Evaluate the following statements using the following; Agree 3 Not sure 2 I Disagree 1

Bride price and the right to equality in marriage 5 The practice of bride wealth does not afford women the right to enter a marriage of their own choosing, a right which men clearly have 6 Because of the practice of bride wealth, women are in a powerless situation to effect divorce

50

Many women have to stay in abusive or simply unwanted marriages because their father cannot afford to or are unwilling to refund the bride wealth

Bride price is a practice that makes women vulnerable to abuse because they are treated as property instead of human beings

Many men who have paid bride wealth subject their wives to inhuman treatment

1 0 1 1

Women are subordinated into a powerless position in their marriage by the institution of bride wealth The right to equality during the course of a marriage is eroded by the institution of bride price because women are expected to be subservient to their husbands

Bride price as a discriminatory practice 1 2 1 3 1 4 1 5 A man can marry anyone he likes, and need not ask his parents for permission and like the woman who only has to marry one man A woman must ask her father's permission, since he sets the bride price and has the power to make it too exorbitant for the suitor to afford A man can leave the marriage without anyone else's permission unlike a woman who has to seek permission from her parents The bride price is fixed by only male members of the family/clan: even the girl's mother has no hand in the affair; she is never present at the ceremony 51

The promise of Bride Price encourages parents to force young girls out 1 6 1 7 1 8 of school in order to be married off for Bride Price which discriminates against girls in education Many young couples begin their married life poorer, with the groom having paid the little income he had on Bride Price. This contributes to poverty and Domestic Violence Many young men who cannot afford Bride Price simply co-habit. This makes them forfeit many rights and entitlements, which can be particularly detrimental for already disadvantaged and vulnerable women. 1 9 Many parents often sell their land, a vital resource, to refund Bride Price

Bride price as a cause/contributing factor in the incidence of AIDS/ HIV infection 2 0 Bride Price reduces women to the status of chattel or property and exposes them to all sorts of abuse, widow inheritance and the risk of HIV infection. 2 1 Young virgin women are in high demand because they are less likely to have already contracted AIDS.

2 2

Rising costs of living has pushed families to sell their daughters as soon as possible in order to obtain the much-needed bride price that will supplement their family income

2 3

Some men believe that young girls are less likely to have had sex - and encountered HIV - than older women

52

2 4

If young men choose to live with a woman without getting married, it has been found to encourage high-risk sexual behaviour

APPENDIX B: INTERVIEW GUIDE FOR NGOS AND DISTRICT LEADER Do people in this community practice pride price? How has the practice contributed to domestic abuse in this area How many cases of domestic abuse does your organization register in this area related to bride price? Are the culprits getting the punishment from the authorities? How has the practice of pride price affected equality in marriage? Do you agree with the fact that bride price is a discriminatory practice? Does the practice of bride price lead to more cases of HIV/AIDS?

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APPENDIX C: LETTER OF INTRODUCTION

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