307 6 minutes 3 ans

communiqué de presse  de L’ONG FOCUS DROITS
ET ACCES (FDA) en collaboration avec les organisations de  défense des
droits humains des femmes en ville  de Goma.
Cordialement
Dieudonné Mango

Nous, organisation féminine FOCUS DROITS ET ACCES, en collaboration avec
les organisations de  défense des droits humains des femmes en ville  de
Goma ayant apprise comme tout le monde, la proposition de loi portant
modification du code de la famille de 1987 tel que révisé à ces jours
initiée par initiée par l’honorable Daniel MBAU contenant plusieurs
articles sur la succession du conjoint du survivant, les  fiançailles,
les régimes matrimoniaux, le divorce, la polygamie et la polyandrie,
faisons la déclaration dont la teneur est la suivante :
Primo : nous avons constaté que l’honorable Daniel MBAU SUKISA  a
rédiger sa proposition  de loi dans une précipitation sans précédent en
ce que sa proposition contienne plusieurs incongruités pour ne pas dire
de l’obscurité, est à un certain niveau inintelligible notamment à son
art 337 al 2 de cette proposition de loi où il a dit expresis verbis : «
le mariage être sans célébration préalable des fiançailles »
Secundo : parlant des fiançailles lorsqu’il dit à l’art 340 que  « les
fiançailles sont dissoutes 12 mois après  lorsque les futurs époux sont
dans l’impossibilité de contracter le mariage, ils peuvent être
renouvelées pour la même durée lorsqu’il n’y a ni faute, ni abstention
coupable ». Les fiançailles au-delà d’être un projet entre deux
personnes, c’est une affaire des cœurs qui s’attirent l’un à l’autre et
faire intervenir le tribunal dans les affaires de cœur n’a aucun sens.
Voilà  le caractère Nul de cette proposition de loi !
Tertio : Le fait de fixer préalablement  le prix de la dot à
500$(1million des francs congolais) et 200$ (400 mille francs congolais)
revient à la réification de la femme car le critère  lié à la
différenciation des filles du village et celles de la ville est d’une
absurdité inouïe et frise une discrimination qui ne dit pas son nom.
Pourtant nous sommes régit  par des textes nationaux qu’internationaux
notamment l’art 12 de la constitution et 7 de la DUDH qui interdisent
toute forme de discrimination.
Aucune femme n’a choisi de naitre dans telle ou telle autre contré, la
valeur de la femme reste la même en RDC  dans plus nos 450 tributs et
dialectes qui font partie du patrimoine congolais et constituent nos
richesses et nos forces.
Comment justifier en amont le caractère symbolique de cette proposition
prévoyant  un montant qui constitue le prix à payer pour avoir une femme
? Quelle est la spécialité de la fille du milieu rural de celle du
milieu urbain ? Pourtant Le législateur congolais avait déjà  laissé la
manœuvre à chaque famille, précisément à celle de la fille de fixer
conformément à la coutume le montant symbolique de la dot.
L’honorable MBAU  doit nous faire comprendre son intention en faisant
une telle proposition.
Quarto : L’art 539 alinéa 4 que le mariage se dissout par consentement
des époux sans contestation sur le partage des biens et la garde
d’enfants.
L’acte de divorce par consentement mutuel…  cet alinéa n’a pas raison
d’être car en réalité, le divorce n’a jamais été un souhait dans le
mariage et nul n’a jamais contracté le mariage dans l’objectif de le
dissoudre mais il peut arriver que les conjoints ne s’entendent pas et
c’est à ce point-là le législateur de 1987 du code de la famille tel que
révisé en 2016, avait instauré la procédure pour le divorce conformément
à l’art 549 du code de la famille.
Le fait pour  l’honorable de minimiser la dot, ensuite le mariage, nous
pousse à nous demander s’il reconnaît  vraiment la valeur de la famille,
celle-ci étant la base d’une nation, logiquement parlant  le mariage est
une institution divine, alors,  quelle serait sa valeur  et sa force
lorsque les conjoints se dise qu’à tout moment ils peuvent décider
mutuellement sur leur divorce? Quelle serait  le sort de ces futurs
citoyens issu de ce mariage dissout?  Voilà ce qui explique même
l’inintelligibilité de cette loi !
En définitive, nous, femmes congolaises, disons non à l’uniformisation
du prix de la dot tenant compte du caractère inintelligible et
discriminatoire de  certaines dispositions qui  visent  tout simplement
à réduire la femme à l’état d’une marchandise  et vu que  cette
proposition de loi  contenant plusieurs  articles sur la succession du
conjoint du survivant, les  fiançailles, les régimes matrimoniaux, le
divorce, la polygamie et la polyandrie qui ,lorsqu’elles ne sont pas
bien gérées , constituent des vraies atteintes aux droits des femmes.
Nous recommandons à l’honorable  DANIEL MBAU de consulter les
spécialistes du droit privé et judiciaire pour qu’il soit éclairé  sur
le droit civil des personnes.
Et  invitons toutes les organisations féminines, de se joindre à nous
afin mobiliser et empêcher l’adoption et la promulgation de cette
proposition de loi.
Ensemble disons non à l’uniformisation du prix de la dote en RDC!

Dieudonné Mango
Officier de communication / Focus Droits et Accès RDC

307 commentaires sur « FOCUS DROITS ET ACCES (FDA): La valeur de la femme reste la même en RDC  dans plus nos 450 tributs et dialectes qui font partie du patrimoine congolais et constituent nos richesses et nos forces. »

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