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IMPLICATIONS OF BRIDE PRICE ON DOMESTIC VIOLENCE IN
EASTERN UGANDA
(A case study of Waibuga sub-county Iganga)
IGANGA DISTRICT
BY
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
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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
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This is to acknowledge that this research report has been under my supervision
as a university supervisor and is now ready for submission.
Signatures Date
……………………………………... ………………………….
Supervisor
MR. ANYAMA CHARLES
ii
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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
DECLARATION..................................................................................................................i
APPROVAL........................................................................................................................ii
DEDICATION...................................................................................................................iii
AKNOWLEDGEMENTS..................................................................................................iv
TABLE OF CONTENTS...................................................................................................v
LIST OF TABLES..........................................................................................................viii
LIST OF FIGURES..........................................................................................................ix
ABSTRACT........................................................................................................................x
CHAPTER ONE................................................................................................................1
INTRODUCTION...............................................................................................................1
1. 1 Background to the study..........................................................................................1
1.2 Statement of the Problem.........................................................................................2
1.3. Objectives...................................................................................................................2
1.3.1 General objective....................................................................................................2
1.3.2 Specific Objectives..................................................................................................3
1.4 Research Questions..................................................................................................3
1.5 Scope of the study......................................................................................................3
1.6 Significance of the study...........................................................................................3
CHAPTER TWO................................................................................................................5
LITERATURE REVIEW....................................................................................................5
2.0. Introduction.................................................................................................................5
2.1 Background to Bride price in Uganda.....................................................................5
2.2 Bride price as a slave-like practice..........................................................................6
2.3 Bride price and right to equality in marriage..........................................................9
2.4 Bride price as a discriminatory practice................................................................11
2.5 Bride price as a cause/contributing factor in the incidence of AIDS/ HIV
infection............................................................................................................................12
2.6 National laws in Uganda..........................................................................................14
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2.7 The Proposed Law...................................................................................................15
2.8 Conclusion.................................................................................................................16
CHAPTER THREE..........................................................................................................17
METHODOLOGY............................................................................................................17
3.0 Introduction................................................................................................................17
3.1 Research Design......................................................................................................17
3.2 Study population.......................................................................................................17
3.3 Sample Framework..................................................................................................17
3.3.1 Sample size............................................................................................................17
3.3.2 Sample technique.................................................................................................18
3.3.3 Sample procedure.................................................................................................18
3.4 Methods.....................................................................................................................18
3.4.1 Instruments............................................................................................................18
3.4.2 Sources of data.....................................................................................................19
3.5 Data processing........................................................................................................19
3.6 Data analysis.............................................................................................................19
3.7 Ethical procedure......................................................................................................19
3.8 Limitation of the study..............................................................................................20
CHAPTER FOUR............................................................................................................21
PRESENTATION, ANALYSIS AND DISCUSSION OF THE FINDINGS...............21
4.0 Introduction................................................................................................................21
4.1 Demographic Characteristics of Respondents....................................................21
4.1.1 Sex..........................................................................................................................21
4.1.2 Age..........................................................................................................................22
4.1.3 Education................................................................................................................22
4.3 Bride price and the right to equality in marriage..................................................23
4.4 Bride price as a discriminatory practice................................................................30
4.5 Bride price as a cause/contributing factor in the incidence of AIDS/ HIV
infection............................................................................................................................35
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CHAPTER FIVE..............................................................................................................41
SUMMARY OF THE MAJOR FINDINGS, RECOMMENDATIONS AND
CONCLUSIONS..............................................................................................................41
5.0 Introduction................................................................................................................41
5.1 Summary....................................................................................................................41
5.2 Recommendations...................................................................................................43
5.2.1 Government...........................................................................................................43
5.2.2 NGOs......................................................................................................................43
5.2.3 Local community...................................................................................................44
5.2.4 International community.......................................................................................44
5.2.5 General recommendations..................................................................................44
5.3 Areas for further research.......................................................................................45
5.4 Conclusions...............................................................................................................45
REFERENCES................................................................................................................47
APPENDICES..................................................................................................................49
APPENDIX A: QUESTIONNAIRE FOR THE COMMUNITY....................................49
APPENDIX B: INTERVIEW GUIDE FOR NGOS AND DISTRICT LEADER........53
APPENDIX C: LETTER OF INTRODUCTION...........................................................54
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LIST OF TABLES
Table 1: Age of respondents.........................................................................................21
Table 2: Education of respondents..............................................................................21
Table 3: Opinion on whether the practice of bride wealth does not afford women
the right to enter a marriage of their own choosing....................................23
Table 4: Opinion of respondents on whether women have to stay in abusive or
simply unwanted marriages............................................................................25
Table 5: Opinion on whether men who have paid bride wealth subject their wives
to inhuman treatment.......................................................................................27
Table 6: Opinion of respondents on whether a man can marry anyone he likes. 30
Table 7: Opinion on whether a man can leave the marriage without anyone else's
permission.........................................................................................................31
Table 8: Opinion on whether the bride price is fixed by only male members of the
family/clan.........................................................................................................32
Table 9: Opinion on whether Bride Price reduces women to the status of property
............................................................................................................................35
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. 37
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...............................................................................................................38
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LIST OF FIGURES
Figure 1: Opinion of respondents on whether in the practice of bride wealth,
women are in a powerless situation to effect divorce.................................24
Figure 2: 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.................................................................................26
Figure 3: Opinion on whether women are subordinated into a powerless position
in their marriage by the institution of bride wealth......................................28
Figure 4: Opinion on whether a woman must ask her father's permission, since
he sets the bride price.....................................................................................30
Figure 5: 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.........................................................................................................33
Figure 6: Opinion on whether Rising costs of living has pushed families to sell
their daughters..................................................................................................36
Figure 7: Opinion of respondents on whether young men choose to live with a
woman without getting married......................................................................39
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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 through governments and international Non government
organizations should support the activities that help stop the practice through
donor aid.
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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.
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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.
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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) To investigate whether Bride price affects the right to equality in marriage
ii) To investigate whether Bride price results in discrimination in the marriage
iii) To investigate whether Bride price is the cause/contributing factor in the
incidence of AIDS/ HIV infection
1.4 Research Questions
i) What is the influence of Bride price on the right to equality in marriage?
ii) What is the influence of Bride price in discrimination in the marriage?
iii) 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.
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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.
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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.
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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.
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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
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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
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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
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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
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.
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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.
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,
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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.
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.
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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
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)
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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
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.
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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.
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.
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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
Categories of Respondents Sample
District leader 1
NGO officials 2
Community members 37
Total 40
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3.3.2 Sample technique
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
Interviews were held with the NGOs about how the problems they face on
domestic violence.
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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
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
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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.
4.1Demographic 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
40%
60%
Male
Female
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.
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4.1.2 Age
Table 1: Age of respondents
Age Respondents Frequency
20-29 10 16.7%
30-39 40 66.7%
40- and above 10 16.7%
Total 40 100%
Source: Primary Data
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 Number Percentage (%)
Primary 20 60
Secondary 10 20
Diploma 7 14
Degree 3 6
Post graduate - -
Total 40 100
Source: Primary Data
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%).
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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
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 Number Percentage (%)
Agree 10 25
Not sure 10 25
Disagree 20 50
Total 40 100
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
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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 don’t let their husbands know. They just stop
using (them), conceive and later may get rid of the pregnancy. At times you
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
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Figure 2: Opinion of respondents on whether in the practice of bride wealth,
women are in a powerless situation to effect divorce
50%
25% 25%
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
50%
Agree Not sure Disagree
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.
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;
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Table 4: Opinion of respondents on whether women have to stay in abusive
or simply unwanted marriages
Response Number Percentage (%)
Agree 20 50
Not sure 5 12.5
Disagree 15 37.5
Total 40 100
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
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;
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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
62.50%
37.50%
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
Agree Not sure Disagree
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
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
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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 Number Percentage (%)
Agree 35 87.5
Not sure - -
Disagree 5 12.5
Total 40 100
Source: Primary Data
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,
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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
87.50%
12.50%
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
80.00%
90.00%
Agree Not sure Disagree
Source: Primary Data
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 woman’s decision-
making, enhancing gender power imbalances. Such women feared leaving an
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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;
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 Number Percentage (%)
Agree 20 50
Not sure 5 12.5
Disagree 15 37.5
Total 40 100
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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
87.50%
12.50%
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
80.00%
90.00%
Agree Not sure Disagree
Source: Primary Data
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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 (%)
Agree 20 50
Not sure 10 25
Disagree 10 25
Total 40 100
Source: Primary Data
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.
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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 Number Percentage (%)
Agree 35 87.5
Not sure - -
Disagree 5 12.5
Total 40 100
Source: Primary Data
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;
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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
62.50%
37.50%
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
Agree Not sure Disagree
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.
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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;
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 Number Percentage (%)
Agree 35 87.5
Not sure - -
Disagree 5 12.5
Total 40 100
Source: Primary Data
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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 women’s 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’.
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 men’s 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;
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Figure 7: Opinion on whether Rising costs of living has pushed families to sell
their daughters
50%
25% 25%
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
50%
Agree Not sure Disagree
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.
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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 Number Percentage (%)
Agree 20 50
Not sure 4 10
Disagree 16 40
Total 40 100
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
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’.
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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 Number Percentage (%)
Agree 20 50
Not sure 5 12.5
Disagree 15 37.5
Total 40 100
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
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;
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Figure 8: Opinion of respondents on whether young men choose to live with a
woman without getting married
50%
12.50%
40%
Agree
Not sure
Disagree
Source: Primary Data
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.
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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 women’s productivity and contribution to marriage; in practice, it often
serves to limit women’s control over their bodies. Both sexually and in terms of
their labor, bride price has long been linked to domestic violence, owing to
women’s fear of returning to their natal home without being able to repay the
bride price (Ansell, 2001). African women’s 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 women’s 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.
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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 women’s 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.
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 bride’s
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
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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.
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.
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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
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.
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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
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.
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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
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.
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REFERENCES
Barzellato, J. (1998). Understanding Sexual and Reproductive Violence: an
overview. Int J Gynecol Obstet;63:S13–S18.
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. 91–101.
Creswell, JW. (1994). Research design: Qualitative and quantitative approaches.
CA: Sage: Thousand Oaks; FIDA (2006): Annual reports
Heise, L. (1998). Violence against women: an integrated ecological framework.
Violence against women. 4:262–290.
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):63–68.
Landenburger, K. (1999). A process of entrapment in and recovery from an
abusive relationship. Issues in Mental Health Nursing. 10:209–227.
Levinson, D. (2007). Violence in cross cultural perspective. Newbury Park,
California: Sage Publishers.
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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; 104:236–250.
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 b) Female
2. Age
a) Below 30 years b) 31- 40
c) 41-50 c) 51 and above
3. Marital status
a) Married and living with his/her husband or wife
b) Married but not living with his/her husband or wife
c) Divorced d) Widowed
e) Single
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4. Educational status.
a) Illiterate b) Primary education
c) Secondary education d) College or university
e) Others (mention)………………………………..
Evaluate the following statements using the following;
Agree Not sure I Disagree
3 2 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
7 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
8 Bride price is a practice that makes women vulnerable to abuse
because they are treated as property instead of human beings
9 Many men who have paid bride wealth subject their wives to inhuman
treatment
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10 Women are subordinated into a powerless position in their marriage by
the institution of bride wealth
11 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
12 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
13 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
14 A man can leave the marriage without anyone else's permission unlike
a woman who has to seek permission from her parents
15 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
16
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
17
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
18
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
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women.
19 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
20 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.
21 Young virgin women are in high demand because they are less likely to
have already contracted AIDS.
22 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
23 Some men believe that young girls are less likely to have had sex - and
encountered HIV - than older women
24 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?
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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?
APPENDIX C: LETTER OF INTRODUCTION
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