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Adultery and the Law in Uganda

Voice 1 Hello. I'm Marina Santee. Voice 2 And I'm Ruby Jones. Welcome to Spotlight. This programme uses a special English method of broadcasting. It is easier for people to understand, no matter where in the world they live.

Voice 3 ‘Yes. You are right ... I am so sorry. I have been unfaithful.' Voice 2 Every married person hopes they will never hear these words. Yet there are lots of people with a sad story to tell. For many, adultery is the worst kind of betrayal. It goes against the promises of marriage. These promises speak of uniting two people as one. Adultery breaks this unity.

Voice 1 Like most people, Gary Shriver did not think he would ever become an adulterer. He loved his wife, Monica. His marriage was important to him. So, what went wrong? Gary describes how the adultery happened.

Voice 3 ‘The best description I have heard is ‘baby steps'. One small step led to another... and another. I let myself get into a position of innocent closeness with another female. Our talks were innocent enough. But one step led to another. Before I could run away, I was involved too deeply. It was much easier to fall than I had ever believed possible.' ‘Monica was my wife. I loved her. I had made a promise to her before God. But adultery changed things.' Voice 1 Sadly, Gary's case is not uncommon. Many married people find themselves in this situation. Adultery is often the end of their marriage. However, for Gary and Monica, it was not the end. They managed to battle through the hurt, pain and distrust. Together, they wrote a book. It is called: ‘The Unfaithful: Rebuilding Trust After Infidelity.' They speak about the importance of God, communication and forgiveness. They provide help for other married people in crisis. Their story also serves as a warning for people who are tempted to be unfaithful. It tells the painful results of adultery for both the man and the woman.

Voice 2 Gary knows the pain that adultery causes. Some people would say that pain and guilt are enough punishment. But others say that adultery should be a criminal offence.

Voice 1 In many countries adultery is a criminal offence. However, in these countries, the law is not always the same for men and women. This raises another important issue - equality for men and women.

Voice 2 In early 2007, there was debate concerning the adultery law in Uganda. Section one hundred and fifty four [154] of the Ugandan Penal Act criminalised adultery. It stated that it was an offence for a married woman to have sex with another man. This included both married and unmarried men. However, it was not a crime for a married man to have sex with an unmarried woman. The Ugandan constitution states that men and women are equal before the law. So, the law on adultery did not fit with the constitution.

Voice 1 A group of female lawyers fought against the adultery law. They wanted laws that treated men and women equally. And, they won their battle. In April 2007, the Ugandan Constitutional Court ruled against the adultery law. Adultery was no longer a crime under the law.

Dora Byamukama is head of a legal group for women in Uganda. At the time, she spoke to the BBC about the removal of the adultery law. She said: Voice 4 ‘I am happy that the court has decided to remove the law. It would have taken a long time for the courts to make another law - one that fitted with the thinking of the constitution... Both man and woman who are married should be treated the same ...This is a big success for us.' Voice 2 But not all people share her thinking. The BBC website has published the opinions of different people on this matter: Voice 5 ‘There is no need for such a law. It is for the man and woman to decide. They should choose how they want to live.' Kurian, India Voice 6 'This is insane in our age - with so many sexual diseases. Let us Africans show by example self respect, respect for others. And most of all respect for our most high God.' Ndukwe Valentine, Lagos, Nigeria Voice 7 'I feel this law was unequal. In most cases women are honest to their husbands. Men are the most dangerous creatures in the world. They can do anything to satisfy themselves. We married women are too frightened to just go out and do things that most men do - for example working late, going to drinking places. A woman is at home making sure the house is in order. The law should be on man not woman.' Gloria Gaborone, Botswana.

Voice 8 ‘I am a Muslim. Islamic law does not permit adultery. If a married person commits adultery, man or woman, stone them to death... No jail terms. No inequality. Good justice.' Mohammed Esse Voice 3 ‘It is sad that a country whose motto is “for God and my country” has come to this point.' Bobson Rugambwa, Kabala Uganda Voice 1 The Ugandan Church leaders have also spoken about the change in the law. Revered Henry Luke Orombi is the Archbishop of the Church of Uganda. He said the court ruling does not mean that people should start living carelessly. Otherwise, the victims will use their own form of punishments against adulterers - such as murder. He encouraged people to follow the teachings of their religions. He said, Voice 6 ‘I want to urge all Christians, Muslims and other religious people. Their religious teachings should guide their behaviour. You should not hurt your fellow man or woman.' Voice 1 Reverend Yonah Katoneene is the Bishop of West Ankole. He appealed to married people to be faithful and trustworthy, and to forgive each other. He spoke about people who did not use the word ‘forgive' in their marriages. He said their families were weaker.

Voice 2 However, some reports say that a new adultery law is coming. James Nsaba Buturo is the Ethics Minister for Uganda. He said that removing the law was only temporary, because adultery is still a crime by the country's values and the law of God. Voice 6 ‘The government has no [plans to keep quiet] about this matter ...' ‘It would be unthinkable to legalise adultery. Adultery has the power to destroy marriage. But marriage is what gives meaning to human society.' Voice 1 What are your opinions on the Ugandan change in law? Does a person decide to be faithful because of outside influences - like the law? Or does the decision come from within? Or is it both? You can email us at radio @ english . net.

Voice 2 The writer and producer of today's programme was Marina Santee. Quotations were adapted for this programme. The voices you heard were from the United Kingdom, the United States, South Africa and Zimbabwe. You can hear this programme again on our website at www.radio.english.net. The programme is called 'Adultery and the Law in Uganda'. Voice 1 Thank you for joining us for today's Spotlight. Goodbye.

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Voice 1

Hello. I'm Marina Santee.

Voice 2

And I'm Ruby Jones. Welcome to Spotlight. This programme uses a special English method of broadcasting. It is easier for people to understand, no matter where in the world they live.

Voice 3

‘Yes. You are right ... I am so sorry. I have been unfaithful.'

Voice 2

Every married person hopes they will never hear these words. Yet there are lots of people with a sad story to tell. For many, adultery is the worst kind of betrayal. It goes against the promises of marriage. These promises speak of uniting two people as one. Adultery breaks this unity.

Voice 1

Like most people, Gary Shriver did not think he would ever become an adulterer. He loved his wife, Monica. His marriage was important to him. So, what went wrong? Gary describes how the adultery happened.

Voice 3

‘The best description I have heard is ‘baby steps'. One small step led to another... and another. I let myself get into a position of innocent closeness with another female. Our talks were innocent enough. But one step led to another. Before I could run away, I was involved too deeply. It was much easier to fall than I had ever believed possible.'

‘Monica was my wife. I loved her. I had made a promise to her before God. But adultery changed things.'

Voice 1

Sadly, Gary's case is not uncommon. Many married people find themselves in this situation. Adultery is often the end of their marriage. However, for Gary and Monica, it was not the end. They managed to battle through the hurt, pain and distrust. Together, they wrote a book. It is called: ‘The Unfaithful: Rebuilding Trust After Infidelity.' They speak about the importance of God, communication and forgiveness. They provide help for other married people in crisis. Their story also serves as a warning for people who are tempted to be unfaithful. It tells the painful results of adultery for both the man and the woman.

Voice 2

Gary knows the pain that adultery causes. Some people would say that pain and guilt are enough punishment. But others say that adultery should be a criminal offence.

Voice 1

In many countries adultery is a criminal offence. However, in these countries, the law is not always the same for men and women. This raises another important issue - equality for men and women.

Voice 2

In early 2007, there was debate concerning the adultery law in Uganda. Section one hundred and fifty four [154] of the Ugandan Penal Act criminalised adultery. It stated that it was an offence for a married woman to have sex with another man. This included both married and unmarried men. However, it was not a crime for a married man to have sex with an unmarried woman. The Ugandan constitution states that men and women are equal before the law. So, the law on adultery did not fit with the constitution.

Voice 1

A group of female lawyers fought against the adultery law. They wanted laws that treated men and women equally. And, they won their battle. In April 2007, the Ugandan Constitutional Court ruled against the adultery law. Adultery was no longer a crime under the law.

Dora Byamukama is head of a legal group for women in Uganda. At the time, she spoke to the BBC about the removal of the adultery law. She said:

Voice 4

‘I am happy that the court has decided to remove the law. It would have taken a long time for the courts to make another law - one that fitted with the thinking of the constitution... Both man and woman who are married should be treated the same ...This is a big success for us.'

Voice 2

But not all people share her thinking. The BBC website has published the opinions of different people on this matter:

Voice 5

‘There is no need for such a law. It is for the man and woman to decide. They should choose how they want to live.'
Kurian, India

Voice 6

'This is insane in our age - with so many sexual diseases. Let us Africans show by example self respect, respect for others. And most of all respect for our most high God.'
Ndukwe Valentine, Lagos, Nigeria

Voice 7

'I feel this law was unequal. In most cases women are honest to their husbands. Men are the most dangerous creatures in the world. They can do anything to satisfy themselves. We married women are too frightened to just go out and do things that most men do - for example working late, going to drinking places. A woman is at home making sure the house is in order. The law should be on man not woman.'
Gloria Gaborone, Botswana.

Voice 8

‘I am a Muslim. Islamic law does not permit adultery. If a married person commits adultery, man or woman, stone them to death... No jail terms. No inequality. Good justice.'
Mohammed Esse

Voice 3

‘It is sad that a country whose motto is “for God and my country” has come to this point.'
Bobson Rugambwa, Kabala Uganda

Voice 1

The Ugandan Church leaders have also spoken about the change in the law. Revered Henry Luke Orombi is the Archbishop of the Church of Uganda. He said the court ruling does not mean that people should start living carelessly. Otherwise, the victims will use their own form of punishments against adulterers - such as murder. He encouraged people to follow the teachings of their religions. He said,

Voice 6

‘I want to urge all Christians, Muslims and other religious people. Their religious teachings should guide their behaviour. You should not hurt your fellow man or woman.'

Voice 1

Reverend Yonah Katoneene is the Bishop of West Ankole. He appealed to married people to be faithful and trustworthy, and to forgive each other. He spoke about people who did not use the word ‘forgive' in their marriages. He said their families were weaker.

Voice 2

However, some reports say that a new adultery law is coming. James Nsaba Buturo is the Ethics Minister for Uganda. He said that removing the law was only temporary, because adultery is still a crime by the country's values and the law of God.

Voice 6

‘The government has no [plans to keep quiet] about this matter ...'

‘It would be unthinkable to legalise adultery. Adultery has the power to destroy marriage. But marriage is what gives meaning to human society.'

Voice 1

What are your opinions on the Ugandan change in law? Does a person decide to be faithful because of outside influences - like the law? Or does the decision come from within? Or is it both? You can email us at radio @ english . net.

Voice 2

The writer and producer of today's programme was Marina Santee. Quotations were adapted for this programme. The voices you heard were from the United Kingdom, the United States, South Africa and Zimbabwe. You can hear this programme again on our website at www.radio.english.net. The programme is called 'Adultery and the Law in Uganda'.

Voice 1

Thank you for joining us for today's Spotlight. Goodbye.