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2002 Int'l Surv. Fam. L. 433 (2002)
Family Relations and the Law in Uganda: Insights into Current Issues

handle is hein.journals/intsfal9 and id is 451 raw text is: 433 UGANDA FAMILY RELATIONS AND THE LAW IN UGANDA: INSIGHTS INTO CURRENT ISSUES Lillian Tibatemwa Ekirikubinza* I INTRODUCTION This paper sets out to analyse recent developments in various branches of the law which have a direct impact on domestic relations, with a special focus on the husband-wife relationship. Since the main focus is on spousal relations, I have placed my analysis within the Women's Human Rights Discourse and based the critique on the extent to which particular legal provisions are in line with the notion of equality between men and women. I also find it necessary to place the discussion within a gender perspective. The paper is not limited to laws which fall within what is traditionally accepted as family law, such as marriage and divorce laws. It covers the Constitution, the law on succession, land law, and criminal law in so as far as they affect domestic relations and relate to the concept of equality between men and women. Uganda's 1995 Constitution has been applauded by many as gender sensitive. This among other things is by virtue of the fact that its article on equality between persons specifically outlaws the use of the sex of an individual as a basis for according him/her different treatment.' It also states that women shall be accorded full and equal dignity of the person with men.2 Furthermore, the same Constitution prohibits laws, cultures, customs or traditions that are against the dignity and welfare or interest of women or which undermine their status.3 Further still, the same Constitution accords men and women equal rights in marriage, during marriage and on its dissolution. Acknowledgement of the need to cater specifically for the rights of women in the new Constitution presents a sharp contrast to the earlier (1967) Constitution whose equality article prohibited discrimination on the ground of race, tribe, place of origin, political opinions, colour and creed but was silent on sex. Furthermore, the 1967 Constitution expressly allowed discriminatory personal laws and cultures to operate in the area of marriage, divorce and devolution of property.5 Senior Lecturer and Associate Dean, Faculty of Law, Makerere. Article 21(2). 2 Article 33(1). Article 33(6). Article 31(1). Article 20(1) stated that no law should make any provision that is discriminatory. The same article, however, exempted the application of its provisions to, among other things, devolution of property or other matters of personal law.

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