By: Matembe Samuel
African wise, women’s rights to own land has been limited by cultural, economic, and legal challenges especially in Uganda. Traditionally, men control land, and women often don’t inherit or manage it, even though they do much of the farming than women. This makes women economically dependent and less powerful in decision-making. Different public figures, organizations, policy and among government programs are working to change this. They educate women about their rights, provide legal help, and support small businesses to make women more independent.
These scholars and advocates have significantly influenced the conversation around women’s land rights in Uganda. Their work underscores the importance of legal reforms, grassroots movements, and policy advocacy in ensuring that women can access and own land. By addressing the cultural rigidities like women are not allowed to sit in village meetings in important issues like those which concerns land, a lady or girl cannot inherit his father’s property and among other backward saying. The following public figures showcase the importance of how a woman feels when she owns land with a legal title. The following play a vital role;
Harriet Busingye (2002) is a notable scholar who has extensively researched customary land tenure systems in Uganda. In her seminal work, “Customary Land Tenure Reform in Uganda: Lessons for South Africa,” Busingye highlights the systemic challenges women face in accessing land due to entrenched patriarchal norms. She argues that legal reforms are essential to dismantle these barriers and ensure that women can secure land rights. Busingye’s advocacy emphasizes the need for a legal framework that recognizes and protects women’s land ownership, which is crucial for their economic empowerment and social status.
Jacqueline Asiimwe (2001) has also made significant contributions to the discourse on women’s land rights. In her article, “Making Women’s Land Rights a Reality in Uganda: Advocacy for Co-Ownership by Spouses,”Asiimwe explores the legal and social barriers that prevent women from owning land. She advocates for co-ownership laws that would ensure women have secure land rights, arguing that such legal provisions are vital for achieving gender equality. Asiimwe’s work highlights the importance of legal advocacy and the need for policies that support women’s rights to property.
Winnie Byanyima (2004), the Executive Director of UNAIDS and a prominent Ugandan politician, has also been a vocal advocate for women’s rights, including land ownership. Byanyima has consistently highlighted the economic and social benefits of empowering women through land rights. She even championed for women’s rights on land at African Union and the UN. She argues that when women have secure land tenure, they are better able to contribute to their families’ well-being and the broader economy. Byanyima’s advocacy is rooted in the belief that gender equality in land ownership is not only a matter of justice but also a catalyst for sustainable development.
Miria Matembe (2003) as an advocate, she has served in various political roles, including as a Member of Parliament and as the Minister of Ethics and Integrity. Her political career has been marked by her strong stance on issues related to women’s rights and social justice. As a Member of Parliament, she was instrumental in pushing for legislation that aimed to improve the status of women in Uganda. She has been a vocal advocate for laws that protect women’s rights, including those related to land ownership and inheritance which still apply today.
Nabalende Witness (2024) As the dean school of law at Nkumba University ,she stressed the fact that women’s rights on land should be observed and the only way to do that is to educate the girl child to become aware of her rights.
Advocacy and Awareness, organizations such as the Uganda Land Alliance ULA and Action Aid Uganda have been at the forefront of advocating for women’s land rights. ULA, for instance, has implemented community sensitization programs that educate women about their legal rights to land ownership and inheritance. These programs often involve workshops, seminars, and community meetings where women are informed about their rights under the law and how to assert them. Action Aid Uganda has similarly focused on raising awareness through campaigns and educational programs that highlight the importance of women’s land rights for overall community development. Law Advocacy for Women in Uganda v. Attorney General, Constitutional Petition No. 13 of 2005, 2007 UGCC 1.this case involved a petition to the Constitutional Court of Uganda, challenging laws that discriminated against women in land ownership. The court ruled in favor of the petitioners, recognizing the need for gender equality in property rights. Various organizations in Uganda are actively working to improve women’s land rights. One notable example is the (Stand for Her Land campaign), a global initiative aimed at closing the gap between the legal framework and its implementation. This campaign empowers grassroots women to advocate for their rights and engage in land governance processes, ensuring that their voices are heard at the national and community levels.
Caroline, who has worked closely with communities on land issues, highlights this challenge, stating, “Even where the law is clear, implementation fails because customary practices still dominate, leaving women without a voice in land matters.“
Legal Support, providing legal aid to women facing land disputes is another critical role played by these organizations. Legal aid services ensure that women have access to justice and can defend their rights in court. For example, Action Aid Uganda has established legal aid clinics that offer free legal advice and representation to women involved in land disputes. These services are crucial in a context where many women lack the financial resources to hire legal representation. In the case of Uganda Land Alliance v. Attorney General, Constitutional Petition No. 2 of 2004, 2010 UGCC 2.
The Uganda Land Alliance ULA challenged the implementation of the Land Act, arguing that it did not adequately protect women’s land rights. The issue was whether the Land Act provided sufficient protection for women’s land rights. The court acknowledged the gaps in the Land Act and called for amendments to better protect women’s land rights. Also in a case of Kampala District Land Board & Chemical Distributors Ltd v. National Housing and Construction Corporation, Civil Appeal No. 2 of 2004, 2005 UGSC 1.This case involved a dispute over land ownership and the rights of women to inherit land. The issue were Whether women had the right to inherit land under customary law. The court ruled in favor of women’s inheritance rights, emphasizing the need to align customary practices with constitutional provisions.
Policy Advocacy, by engaging with policymakers, these organizations have been able to influence the drafting and implementation of laws that promote gender equality in land ownership. Article 21 of the 1995 Constitution of the Republic of Uganda as amended which guarantees equality and freedom from discrimination. Article 26 of the 1995 Constitution of the Republic of Uganda as amended which provides for the right to own property regardless of whether someone is a woman or not and this entitles everybody to his or her right of owning property.
Article 33(6) of the 1995 Constitution of the Republic of Uganda as amended which provides for the rights of women, ensuring that laws, cultures, customs, or traditions which are against the dignity, welfare, or interest of women or which undermine their status, are prohibited. The idea of women not being in the meetings or corporations regarding land was solved by the land Act section 16(4)(b) which provides that at least 1/3 must be women to address gender old imbalance. Section 27 of the revised Land Act Cap 236 which provides for the protection of the rights of women, children, and persons with disabilities in relation to land. Section 39 of the revised Land Act Cap 236 which requires spousal consent for transactions involving family land, ensuring that women have a say in the disposition of land since this provides for spousal security of occupancy of the family land.
In conclusion, how does a lady feel to own her own land? Besides feeling good. I think a lady feels secure and that is to say even if her husband leaves her, she has where to start from. Furthermore, she feels empowered economically and protected since she has a non-depreciating asset already and there is no need for her to worry. Since 70% of the ladies carryout agriculture in Uganda than to men out of the population of Uganda. In my above systematic research, I have illustrated the various efforts done by organizations, advocates and legal reforms. Despite the efforts being made, there are persistent challenges which highlight the need for continuous advocacy and education to assert women’s rights on land leading to greater economic independence and social equality. The rigidities of cultural practices like women are still treated as personal property which means even if the man marries this lady who inherited his father’s property, he feels he owns the this lady as a wife and what everything which belongs to her.
The writer is in year 2, 2nd semester, Passionately in the Law Research Club of Nkumba University (Entebbe)
Discussion about this post