UGANDAN MPS OPPOSED CLAUSES OF THE NEW DOMESTIC BILL ON WOMEN INHERITANCE AND FORCED SEXUAL INTERCOURSE BETWEEN SPOUSES.
By Leo Odera Omolo.
A highly sensitive and very controversial bill is just about to be introduced in Ugandan parliament concern spouses relationship.
It stipulates that spouses have a right to deny each other sex if one is in poor health, after child birth and surgery, the proposed Law Reform Commission has recommended.
In its proposals in the wide ranging proposals, the controversial Domestic Relations Bill which was recently presented to MPs and Civil Society organizations for discussions , the commission states that the spouses may also deny each other sexual intercourse for fear that engaging in the act was likely to cause physical or psychological injury.
The commission also noted that if a spouse had sex against the consent of the other, the offender would be imprisoned for a period not exceeding 5 years or a fine of UG .Shs. 2.4 million.
Tessa Kawoga, the legal officer, read the proposals by parliament and cabinet to refine the widely contested Bill
According to the proposals, widow inheritance is prohibited, but the widower is allowed to remarry.
“A man may marry his relative’s widow where both the man and widow, with their free consent go through any form of marriage provided for under this act,” reads a section in the proposal.
The proposed law highlights that any person who contravenes this section, commits an offence and is liable upon conviction to imprisonment not exceeding five years or to a fine of Ushs. 2.4 million.
According to a clause in the proposal, matrimonial property shall be co-owned. But property acquired prior to marriage shall not be affected by the marriage.
The controversial law draft says that the consent, of parents, relative or clan leader is not necessary for the validity of any marriage.
The new proposal ,however, did not recognize cohabitation.
But MPs are vehemently opposed to some provisions, arguing they would erode “treasured values” of the society.
“The commission and they should go slow on this very essent issue with the society,” said Erias Lukwago (MP) adding that the consent of a parent or elder is very important.
Abdu katuntu (FDC) objected to the proposal that divorce could not be sought in less than two years after marriage, noting that in that time, a partner could be subjected to violence.
Mrs. Cecilia Ogwal (Independent) said the proposal were silent on the rights of children on matrimonial property while another MP Wilfred Niwagada (NRM) told the commission to address the MP’s concerns.
In the neighboring Tanzania the Rwandan government has severely criticized the Arusha based UN court trying the 1994 genocide suspects for introducing conjugal visits for the detainees, describing the move as ” ridiculous and a mockery of the justice process.”
“Many people in Rwanda consider this as very ridiculous. I don’t know what kind of legacy the International Criminal tribunal for Rwanda (ICTR) is trying to leave,” Mr. Martin Nyoga, the Rwanda’s prosecutor general was last week quoted by agencies as saying.
Nyoga was quoted by the Hirondelle agency as saying the move by ICTR “was contextually misplaced” and may jeopardize the tribunal’s credibility. Rwanda does not allow conjugal visits to prisoners.
The decision comes just one year before the UN court closes as directed by the Security Council.
The tribunal spokesman, Ronald Amoussoga was quoted by the agency as saying that the controversial move was part of efforts to harmonize policy with its sister tribunal in the ex Yugoslavia.
There are a total of 56 detainees at the special detention facility, including 18 convicted persons.
Amoussouga, the shift had been under consideration since 2005 when the court denied a convict by the name Hassan Ngeze ex-editor of Kangera newspaper, the right to get married at the ICTR premises.
He cautioned that the conjugal visits must be exercised within set regulations and any relations would mean automatic cancellation to the offer.
The tribunal said any detained person was presumed innocent unless proven otherwise.
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leooderaomolo@yahoo.com
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EAC COUNTRIES TO CONTRIBUTE TO THE EAC ANNUAL BUDGET ACCORDING TO THEIR GDP.
By Leo Odera Omolo
CONTRIBUTIONS to the East African Community annual budgets by member states will no longer be uniform if proposal in the EAC common market model is implemented.
The model protocol, the basis on which the ongoing negotiations on the common markets are being conducted, recommends that funding to the EAC budget should be pegged on partner state’s previous years Gross Domestic Product {GDP}and customer revenue.
The common market, which is the second stage in the integration process of the EAC, is expected to come into force in January 2010.
Currently the budget of the East African Community is made up of special contributions by each of the five EAC partner states of Kenya, Uganda, Tanzania, Rwanda and Burundi.
This is in keeping with article 132(4) of the Treaty for the establishment of the East African Community, which provides for equal contributors by each member state stands at USD 4.7 million per year.
But in Article 154-156, the draft model protocol, prepared by MA consultants group and submitted to the EAC headquarters in Arusha last year, proposes that the community be financed through direct contributions by partner states pegged at 0.5 per cent charge on customer revenue.
Resources from the first funding proposal, the model protocol says, are to be dedicated to the community programme and projects. On the other hand funds from the second source will finance development projects. A development fund, to which donors may contribute, is to be established.
The model protocol stipulates that the fund is not a compensatory mechanism, but may finance projects in disadvantaged areas of the community.
“The primary purpose of the fund, however, will be to finance regional, economic and social infrastructure and projects that promote investments and development,” says the report on the study on the establishment of an East African Community Common Market.
It recommends that the fund be administered by the East African Development Bank and that customer revenue collected centralized and “become the responsibility of the Community Customs Directorate”
Sources avers, however, that despite increase in contribution to the EAC budget by partner states was essentially supposed to underline the equal partnership of the member states in the community.
Those privy to the operation of the EAC, however, say that despite increase in contributions, funding has been insufficient as a result of an increase in the number of EAC projects and progrrammes. There is “irregular” release of remittance from member states has created uncertainty in the planning and implementation of community affairs.
Information is sourced from the EAC secretariat
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leooderaomolo@yahoo.com
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Date: Wed, 16 Jul 2008 05:17:32 -0700 (PDT)
From: Leo Odera Omolo
Subject: UGANDAN MPS OPPOSE WOMEN’S RIGHTS BILL CLAUSES; EAC MEMBER CONTRIBUTIONS FORMULA ESTABLISHED