The International Federation of Women Lawyers (FIDA) Ghana has formally petitioned Ghana’s Parliament. They are calling for an immediate acceleration in passing the Property Rights of Spouses Bill. This move comes after decades of waiting for a law that would protect families during marital breakdown.
FIDA Ghana states that the current lack of a clear law on how to divide jointly owned property causes significant insecurity. This uncertainty leads to hardship, especially for women and children. The group believes this is a constitutional matter that has been overlooked for too long.
This issue touches on Ghana's broader legal framework. The 1992 Constitution, specifically Article 22, mandates Parliament to create laws for spousal property rights. For over 33 years since the constitution’s adoption, this crucial legislation has not been enacted. This period has seen significant economic development and shifts in family structures, making the need for clear legal guidance more pressing.
Gloria Ofori-Boadu, President of FIDA Ghana’s Board, presented the petition. She emphasized that Article 22 of the 1992 Constitution requires Parliament to legislate this area. She stated, “Article 22, clause 2 of the constitution requires parliament to enact legislation regulating the property rights of spouses.” She added that spouses should have equal access to jointly acquired property. Distribution should be equitable upon the end of a marriage.
The absence of a specific law means courts must rely on past legal decisions, or case law. This results in unpredictable rulings. While some court decisions acknowledge contributions by both spouses, legislation offers more certainty. Mrs. Ofori-Boadu explained, “Case law alone cannot provide the clarity, predictability, and uniform protection that legislation is meant to provide.”
Drafts of the Property Rights of Spouses Bill have existed for years. These drafts have undergone numerous discussions with various groups since 2009. More recent engagements took place in 2013, 2014, 2021, and 2024. However, the bill has not yet become law. Ofori-Boadu noted, “This long history confirms that there is a need for the law that has long been recognized. What remains is the political and legislative will to complete the task.”
The impact on children is also a significant concern. Marital dissolution can leave children without stable homes. They may also suffer from a lack of essential resources like education and healthcare. Ofori-Boadu stressed, “No child should be homeless in this country.”
Responding to the petition, the Speaker of Parliament, Alban Bagbin, showed strong support. He assured FIDA Ghana that Parliament is ready to pass the bill. He even suggested it could happen under a certificate of urgency. This means the bill could be fast-tracked through the legislative process. Speaker Bagbin acknowledged that the issue is a regular concern for MPs. He stated, “We ourselves are very concerned about it. I’m not surprised that you are here today because of some recent rulings of some courts.”
However, Speaker Bagbin also highlighted that passing the law is only the first step. He stressed the importance of effective implementation and enforcement. He warned, “You can pass a bill, it becomes law, and if they’re not implementing it, we’re back to square one.” He views the advocacy as a national priority affecting both men and women, crucial for societal well-being.