Maghreb: Maghreb activists propose new marriage contract to protect women

Magharebia
By Jamel Arfaoui for Magharebia in Tunis – 15/04/09


In an ambitious plan to educate women in the Maghreb about married life, activists from Algeria, Morocco, and Tunisia drafted a new marriage contract that, if certified, will provide better protection for women's rights.

The idea was presented Saturday (April 11th) in Tunis at a meeting organised by the Global Rights Maghreb organisation and attended by human rights activists, members of women's organisations and legal experts.

"Many women in the Maghreb region usually ignore their right to incorporate certain conditions that would protect their rights when they sign the marriage contract," said Stephanie Willman Bordat, the regional director of British NGO Global Rights. Her group operates in African, American, and Asian countries to help non-governmental organisations get the necessary legal tools to address pressing human issues, including gender equality.

The draft contract is the result of a year-long study in which more than 1400 women from different backgrounds participated. More than 70 associations and 177 lawyers contributed to the study.

The findings were alarming.

"Women are suffering from complete ignorance of their rights upon signing the marriage contract," said Moroccan legal expert Saida Kouzzi.

Although the law granted women the right to add certain demands in a marriage contract, "women still consider it is inappropriate, if not disgraceful, to impose conditions on their husbands," she said.

"Cultural and social reasons still control our habits and customs. Women still believe that daring to take such a step would reduce their chances in marriage."

Moreover, the study showed that some women "looked at the marriage contract as a way to have a legal sexual relationship, or, in other words, to protect the right of their children to care and inheritance and to protect their rights upon divorce," said Tunisian Amel Ellafi, who supervised a discussion workshop for women.

The draft marriage contract includes 18 articles, including guarantees against polygamy, the wife's right to work and continue her education, guarantees against domestic violence and insurance of the freedom of movement and travel.

And, to raise women's awareness of their rights and present the new draft contract to Maghreb society, participants in the meeting launched a comprehensive educational campaign. The co-ordinated effort will help exert pressure on legislative and judicial authorities to accept the contract and enable civil society organisations and authorities to defend it.

"This initiative is aimed at making people who are about to get married shoulder the responsibility, allow them to know and preserve the rights and duties, and behave rationally and realistically to avoid the consequences of passionate love in the face of everyday life details," said Tunisian lawyer Saida Guarrach, who participated in drafting the contract.

"It will enable women to get acquainted with the existing legislation in their countries, and how to take advantage of the positive laws thereof by imposing them as conditions included in the marriage contract," added Bordat of British Global Rights.