bride price dissertation

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

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

i

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

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.

iii

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.

iv

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

v

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


infection............................................................................................................................35

vi

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

vii

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

viii

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

ix

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.

x

CHAPTER ONE

INTRODUCTION

1. 1 Background to the study

Bride price, dowry and other marriage gifts form an essential element of marriage

in many countries around the world. The practice of bride price is extensively

spread across the different continents of the world. In Africa, women are literally

"bought" and "sold" through the institution of bride price.

In a typical African setting, bride price consists of a contract where material items

or money is paid by the groom to the bride's father in exchange for the bride, her

labour and reproductive capacity. If the bride or wife wants to divorce, the

material items or money paid to the bride/ wife's father must be returned to the

husband. If the wife's family is unable to pay the husband, the wife cannot get a

divorce and is condemned to live in an unhappy and sometimes fatal marriage.

This situation is not unique to Africa. Many Arab and Islamic states too consider

bride wealth as a fundamental requirement of marriage. The groom has to

provide marriage gifts known as Mahr to the bride in exchange for her hand in

marriage. In Asia, especially in India, women are subjected to abuse as a result

of the institution of dowry where the bride or her family has to pay dowry to the

groom's family. The UK Committee for UNICEF stated that "Dowry related

violence, sometimes resulting in death of young brides, is common. For example

there were 999 registered cases of dowry related deaths in India in 1985, 1,319

in 1986 and 1,786 in 1987.

The numbers have continued to increase: the UK government stated in the 1999

Human Rights Report that " In India more than 3,000 women were killed in 1998

because their in laws considered their dowries inadequate. A tiny percentage of

murders were brought to justice. Girls continue to be married off well before they

reach the minimum age of 18, especially in northern India.

1

The institution of bride price in Africa has far reaching health, economic, social,

human rights and legal implications in the countries where it is practised. Bride

wealth as an institution has negative implications on the rights and status of

women.

Uganda is one of the countries where the practice of bride price is the norm.

Bride price is currently actively practised throughout the country. In a research

carried out by The Uganda Association of Women Lawyers in Uganda (FIDAU,

2006), 95.1% of the respondents stated that bride price is essential to validate a

marriage.

1.2 Statement of the Problem

Bride price has, throughout the years become increasingly commercialised and

abused. Because of the grinding poverty, parents and clan members who ask for

exorbitant sums or commodities have abused the practice of bride price. The

amount of bride price varies according to socio-cultural variables such as level of

education, level of income, rural -urban differentials and religion. Rising costs of

living has pushed families to sell daughters as soon as possible in order to obtain

the much needed bride price to supplement family income or be used to pay for

the son's bride. Bride price has been used to deal with the day to day expenses

of the family and no longer provides security for the wife in case of divorce. This

in the end has caused a lot of suffering to the women because they are treated

as property of the men. The result of this has been the continued domestic

violence. There was therefore need to investigate the impact of bride price on

domestic violence.

2

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.

3

http://en.wikipedia.org/wiki/Equator

http://en.wikipedia.org/wiki/Lake_Victoria

http://en.wikipedia.org/wiki/Uganda

http://en.wikipedia.org/wiki/Districts_of_Uganda

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.

4

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.

5

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.

6

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

7

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

8

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

9

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.

10

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,

11

religion, political or any other opinion, national and social origin, fortune, birth or

other status" (Barzellato, 1998).


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.

12

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)

13

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.

14

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.

15

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.

16

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

17

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.

18

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

19

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.

20

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.

21

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%


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


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%).

22

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


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

23

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

24

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


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;

25

Table 4: Opinion of respondents on whether women have to stay in abusive

or simply unwanted marriages


Agree 20 50

Not sure 5 12.5

Disagree 15 37.5

Total 40 100


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;

26

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%



The results in Figure 3 showed that 25(62.5%) of employees agreed that Bride


treated as property instead of human beings and 15(37.5%) disagreed that Bride


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

27

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


Agree 35 87.5

Not sure - -

Disagree 5 12.5

Total 40 100


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,

28

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%



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

29

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


Agree 20 50

Not sure 5 12.5

Disagree 15 37.5

Total 40 100

30


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%



31

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


Agree 20 50

Not sure 10 25

Disagree 10 25

Total 40 100


The results in Table 7 showed that 20(50%) of employees agreed that a man can

leave the marriage without anyone else's permission unlike a woman who has to

seek permission from her parents. 10(25%) were not sure and 10(25%)

disagreed that a man can leave the marriage without anyone else's permission

unlike a woman who has to seek permission from her parents.

32

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


Agree 35 87.5

Not sure - -

Disagree 5 12.5

Total 40 100


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;

33

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%



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.

34


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


Agree 35 87.5

Not sure - -

Disagree 5 12.5

Total 40 100


35

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;

36

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%



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.

37

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


Agree 20 50

Not sure 4 10

Disagree 16 40

Total 40 100


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’.

38

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


Agree 20 50

Not sure 5 12.5

Disagree 15 37.5

Total 40 100


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;

39

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


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.

40

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.

41

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.






marriage without anyone else's permission. A woman must obtain her father's

42

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.

43

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



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.

44

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


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.

45






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.



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.

46

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.

47

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.

48

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

49

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

50

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

51

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?

52

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

53

bride price dissertation

Documents