Married women in many African countries are considered to be property owned by their husbands (because a dowry is traditionally paid to a bride’s family), and are victim to widespread marital rape. But a program funded by Fasken Martineau seeks to change the fate of these women, and a new report on the initiative by journalist and human rights activist Sally Armstrong details some of initial steps required to make that happen.
As part of the African and Canadian Women’s Human Rights Project, Faskens sponsored Armstrong to participate in discussions in Nairobi, Kenya organized by Canadian Lawyers Abroad and its Director of Human Rights, Fiona Sampson. The meeting was the culmination of two years of organizing and strategizing on how to combat an issue that’s deeply ingrained in the culture of the countries where it occurs.
Armstrong reports that that the program, dubbed, “Three to be Free,” will focus on “three countries — Kenya, Malawi and Ghana — and use three strategies — litigation, policy reform and legal education — over three years to alter the status of women.” She writes that the first step is criminalizing the act of marital rape, and not removing the dowry system, because laws are easier to change than embedded customs. But major challenges remain; the three countries of focus recently reformed their sexual violence laws, but sections related to marital rape were removed for fear of a lack of community support.
But there’s hope, and there’s even a homegrown example of how views can change. Armstrong writes:
The Canadian women at the table shared their experience with a similar resistance. Jennifer Koshan, a professor of law at the University of Calgary tells the story: In 1983 when Member of Parliament Margaret Mitchell presented the sexual assault law reform package to the House of Commons, the members burst out laughing. They called to each other across the house making derisive gestures about beating their wives.
“Before 1983 there was immunity for men who raped their wives in Canada for the same reasons African women are struggling with now: women are assumed to be property once married and there is implied consent because of marriage vows,” she says.
Armstrong’s report, provided to Faskens’ Women’s Networking Initiative, follows up on her Globe and Mail feature from last month, as well as an event the firm recently held with Armstrong as a guest speaker.
Photo by Karl Mueller