SIHA Network

REVISED FAMILY CODE STRENGTHENS WOMEN’S RIGHTS IN DJIBOUTI

The Horn of Africa has witnessed significant changes in Family Law in recent years; most notably the revised Family Codes of Ethiopia in 2000 and Djibouti in 2002. SIHA wanted to find out why these changes were so significant for women in the Horn of Africa. We interviewed Amal Said from SIHA member organization Bender Djedid Association about her association’s work to achieve gender equality and what the new Family Code meant for women and girls.

Q. Why was the change in the Family Code so important for women and girls?
Amal Said: What has changed for women is that the husband cannot re-marry in secret; he must obtain the consent of his first wife. And now it is necessary for the woman (the first wife) herself to go before a judge and give her point of view. If she has children, then she will receive the greater part of his salary, which is drawn directly from his earnings and transferred to her. If the man insists on remarrying, he is left with a third of his wage in order to discourage him. Without enough money, he is not able to hope for another marriage unless the new wife is rich and can maintain him. With this new law, the man can no longer behave irresponsibly and fail to financially support and respect the marital home; now the wife is entitled to make a complaint. The wife did not use to have the right to ask for a divorce, while now she does have the right to ask for a divorce.

For a young girl, her parents can no longer marry her to someone without her consent. Before, there was no minimum age limit for marriage. The girl was able to marry at whatever age, but now it is strictly illegal to marry her off before the age of 18.

Q. What do you think is the most important change in the new Family Code?
Amal Said: The man is no longer able to behave however he likes; he is now obliged to respect the rights of the woman as an equal. He must now reflect longer before going through with whatever he wants. He can no longer divorce his wife on his own. In the event of a divorce, he can no longer take the children into his custody by force. The custody case will go to court and the children will be taken in by the parent judged most responsible, if they are of a young age, and if they are older than eight then they are asked their opinion; whether they want to stay with their mother or with their father. If the divorced woman remarries then the children can remain with her without any problems and the ex-husband must continue to pay alimony. Before, if the divorced woman remarried, then the custody of the children was automatically transferred to the father. Back then, the children of a remarried woman were taken by force and returned to their father.

Q. Do you think the new Family Code is being implemented in rural areas where Customary and Sharia laws are still a strong part of society?
Amal Said: Given that we are in a Muslim country, our family code governs even the traditional law and Sharia. There is a tribunal in each region and the nomination and allocation of judges at the regional levels. In the worst cases, and if there is a serious dispute, the matter is brought to Djibouti town.

Q. What significant changes have you seen in the legal treatment of women since the Family Code changed in 2002?
Amal Said: Even illiterate women know their rights thanks to the information campaign for the new Family Code, which was organized by the Ministry for the Promotion of Women. A hearing committee has also been created with the aim of guiding women and helping them to make approaches to the appropriate authorities (justice, health etc). Before, for example, in the case of a divorce the presence of the wife was not required; the husband was able to proceed with a divorce without the wife’s knowledge. Now in the present situation, the judge cannot give a divorce without the wife’s presence. In the event of a divorce, the wife stays in the marital home with the children and the husband leaves the house and must continue to pay alimony. It is taken directly from his salary and transferred to the woman.

Q. What is your organization doing to make sure the new Family Code is enforced effectively?
Amal Said: Since the enactment of the Family Code, we have organized information and familiarization campaigns by inviting judges to explain to women their rights and responsibilities in the nation’s three languages. We have also the idea, and this is in progress, to invite both men and women to participate in familiarization days (i.e. workshops) because the Family Code is for the balance of the family, it is for men and women, not just women.

Q. What further changes would you like to see for the future?
Amal Said: It is to get men and women to understand, so that the respect between them is mutual and reciprocated. And above all that the husbands understand and accept that the Family Code is not devised for women alone but it is ultimately for supporting the balance of the family.