Magistrates, Lawyers Seek To Abrogate Gender-Biased Laws

By Kini Nsom

Some magistrates and lawyers have resolved to cause the Cameroon government to abrogate all laws that discriminate against women.

This is the main resolution the legal minds took last week after brainstorming at the United Nations Regional Centre for Human Rights and Democracy in Bastos, Yaounde.Organised by Women in Alternative Action, WAA-Cameroon, in collaboration with Open Society Initiative for West Africa, OSIWA, the forum provided an opportunity to examine different strategies of eliminating gender unfriendly laws in the country.

It was in this perspective that the Moderator of the forum, veteran journalist Peter Essoka, and WAA-Cameroon Board Chair, Mrs. Gladys Viban, urged participants to make proposals to amend the laws that discriminate against women.

The forum was a logical follow-up of an action in which WAA-Cameroon, led by Mrs. Justice Kwachu published a document that contains all the laws that discriminate against women.
In this perspective, a core group was formed during the forum to make concrete proposed amendments to gender-biased laws.

The group is made up of Magistrate Prudence Galega, Barristers Jean Bertrand Ndam, Anthony Nong, Pengue Osee B.O and Sume Eyoh.The resolve is a frontline move by WAA-Cameroon to push government to bow to the dictates of the UN Convention for the Elimination of all Forms of Discrimination against Women, CEDAW.

Close to 14 years after the government ratified the Convention, observers hold, it is unacceptable that the justice system should continue to apply laws that discriminate against women.

Before the meeting closed, the participants identified article 17 of law No 68/LF/3 of 11/06/1968 and decree of 16/12/1968, which does not grant the Cameroonian woman the same opportunity as the Cameroonian man to demand Cameroonian nationality for her husband.

It was proposed that the article be amended to read as follows: "that anyone (foreigner) who marries a Cameroonian should obtain a Cameroonian nationality after marriage."
The lawyers equally frowned at Section 361 of the Penal Code which provides punishment with imprisonment for a woman caught in adultery even for the first time, while it favours the man with fine phrases of excuses that rule out punishment.

In such a situation, they proposed that the section should be amended to read as follows: "that any married man or woman having sexual intercourse with any person other than the legal spouse (husband or wife) shall be punished with imprisonment for two to six months and with a fine from FCFA 25,000 to FCFA 100,000."

Moreover, the core group was asked to examine the possibility of making a proposal that would take that law completely away from the Penal Code since it sanctions adultery without divorce even though adultery is legal ground for divorce.

Some participants argued that such a move would lead to many broken homes since many people were ready to conserve their marriages despite infidelity.They equally observed that section 49 of the 1981 Ordinance discriminates against women as only the man is allowed to choose many wives.

According to them, this section should also give the possibility to the woman to choose and that the man only brings in other wives if he has the consent of the wife in the case of monogamous marriage.

The meeting also took exception to section 77 (2) of the law that imposes the observance of a period of widowhood of 180 days on the woman upon the death of her husband. It was proposed that such a provision be completely abrogated or make sure that the law should also impose such an observance on the man.

Given that the choice of the matrimonial home is solely the responsibility of the husband as per article 215 of the law, it was proposed that the amendment should state clearly that the determination of the matrimonial home should be the concern of both parties.

Participants also disagree with another legal provision that says categorically that the man is head of the family. They proposed that such a provision should rather read as follows: "the husband should act as head of the family." Both parties, they said, should jointly administer matrimonial property and frowned against the law that says the husband alone is the owner.

They also condemned article 7 of the Commercial Code, stating that it is at variance with the Constitution which provides that nobody has the right to stop one from trading or carrying out commercial activities. The present law gives the husband the right to stop the wife from doing business if he so wishes.

WAA-Cameroon has also embarked on research work that would enable it publish all the customary laws in Cameroon that discriminate against women.