Men pining for polygamy

2004-06-24 09:38

Emile Kouton

Cotonou - A law banning polygamy which was passed by the Benin parliament last week has left some men in the west African country deeply worried that they might be dominated by their spouses.

"We want to change everything in this country by enacting laws. Polygamy, which has been practised for centuries here, has been banned. That's unthinkable," lamented a man called Jean in front of a news vendor's stand in Cotonou.

"This law allows women to dominate their husbands. It won't be applied in this country," said a motorbike-taxi driver a few metres away.

Beninese lawmakers adopted the new code for the family on June 14, under which some widespread practices, such as polygamy, are no longer legally recognised.

An earlier version of the family code which was adopted in June 2002 by parliament was overturned six months later by the constitutional court, which said that at least 37 of the code's clauses contravened the constitution.

One of them was the clause covering marriage. In the earlier, overruled law, polygamy and monogamy were given equal legal status.

The new law says that, in line with the constitution, the only legally recognised union between a man and a woman in Benin will be monogamous marriage celebrated by a qualified government official.

It also states that, on the death of a man who has several wives, only the wife whose marriage is legally recognised will have inheritance rights.

Widow given to brother

The new law also ends the long-time practice of "giving" a man's widow to his brother.

Women are also allowed to keep their maiden name under the new law, instead of being obliged to take their husband's name.

"Many aspects of the new law undermine the basis of marriage," said Pascal, a male student in his final year at Benin University.

"We have certain values and I don't know why we always feel we should imitate white people," he said.

Omer Houenou, a retired teacher, accused lawmakers of "simply having betrayed the people by adopting a law which does not take into account our reality.

"I myself have the impression that they have gone too far with some clauses. Before we had a law, we led our lives well and in total transparency. But this is a law that could lead to debauchery," he said.

"In any case, the members of the constitutional court and lawmakers will be held accountable for their acts, even if they feel they fought tooth and nail to prevent the law being adopted," warned Houenou, who, in his village, is one of the biggest polygamists.

Women lawmakers waged a hard-fought, months-long battle in parliament to get the law passed and make sure it was in line with recommendations made by the constitutional court.

One male lawmaker, who asked not to be named, complained that the law was forced on parliament by the constitutional court.

"The court dictated its own law. This was a veritable coup against men," he said.

- AFP