CREATING LEGAL AWARENESS OF COMMUNITIES

ABOUT WOMEN RIGHTS TO LAND IN UGANDA

BY

NAJJUKA BARBRA. 121-053011-24819

NAKASANGO 121-053011-24389.
HANIFAH.
NYADOI JOANITA 121-053011-24583.
NAMONO ZAITUNA. 121-053012-24327.
AOYA MERCY. 121-053011-24198

A DISSERTATION SUBMITTED TO THE FACULTY OF LAW

IN PARTIAL FULFILMENT OF REQUIREMENTS FOR THE
AWARD OF DEGREE OF BACHELOR OF LAWS OF
ISLAMIC UNIVERSITY IN UGANDA

MARCH 2025

Page 1 of 47
DECLARATION.

We, Najjuka Barbra, Nakasango Hanifah, Nyadoi Joanita, Namono Zaituna and Aoya
Mercy, hereby declare that this dissertation is our original work and has not been presented
to any institution or university for any award of a degree.

Dated and Signed by the following at Islamic University in Uganda Mbale Campus on this 25th
Day of February 2025.

NAME REGISTRATION SIGNATURE

NUMBER

NAJJUKA BARBRA. 121-053011-24819

NAKASANGO HANIFAH. 121-053011-24389.

NYADOI JOANITA 121-053011-24583.

NAMONO ZAITUNA. 121-053012-24327.

AOYA MERCY. 121-053011-24198

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APPROVAL

I certify that I have supervised and read this study and that in my opinion it confirms to
the acceptable standards of scholarly presentations and it is hereby submitted with my
consent.

Dated and Signed at Islamic University in Uganda Mbale Campus on this ________Day
of ______________________2025.

MUGISHA ISMAIL

________________________
(SUPERVISOR).

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DEDICATION

1. Najjuka Barbra

I dedicate this piece of work to my parents Mr. Katunze Richard and Mrs.
Nabawanuka Harriet for their tremendous contributions towards my academic
support they offered me in realizing the fruits of education, Whenever I called them
they did not resist ,I just pray to the almighty to bless you for me such that you can
see my success.

2. Nakasango Hanifah

I dedicate this Research dissertation to my beloved parents Miss Namutamba Mary,

Miss Salma Saleh and [Link] Salim for their moral and financial support
towards this journey. Their support has enabled my research to be fully in line with
the recommendations of the research supervisor.
3. Nyadoi Joanita.

I dedicate this Research dissertation to my beloved parents Mr. Omitta Okoth Patrick and
Mrs. Omitta Jesca Taaka for their tireless support and guidance. I also dedicate this study to
my beloved Siblings and Isaac and Chloe for an extensive and conducive environment in the
course of this study.

4. Aoya Mercy.

I dedicate this Research to my beloved parents Mr. Agwaya Samuel and Mrs. Asimo Caroline
For an extra Ordinary care and financial support that has made me able to complete this study
without any doubt with my colleagues’ also dedicate it to my brother Ekulu Daniel for the
encouragement and motivation throughout this journey, I thank you all for the efforts.

5. Namono Zaituna.

I dedicate this study to my beloved father Mr. Magombe Siragi and my beloved aunt Neumbe
Ritah Kidasa for their parental advice, academic and on time suppor

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ACKNOWLEDGEMENT

We are deeply thankful without reservation to the Almighty God for the grace and
provisions that have enabled us reach this far to the completion of our course at law
school. Our sincere appreciations goes to our supervisor, Mr. Mugisha Ismail without
whose support and guidance this research would not have been possible. We deeply thank
you for your time and dedication to our research.

Our classmates and friends, we are thankful for the enormous support you gave us in the
course of our dissertation. Your prayers and encouragement to us must surely not pass
unappreciated. Lastly to our sisters, brothers and parents, their immeasurable sacrifices
and great investment in our education, their endless care and nurturing with strict
discipline and unwavering support to us have been central to the completion of our
research work. We are deeply thankful to you.

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LIST OF ACRONYMS/ABBREVIATIONS

ADR Alternative Dispute Resolution

AU African Union

CEDAW . Convention on the Elimination of all forms of Discrimination against

Women

ICCPR International Covenant on Civil and Political Rights

ICESCR International Covenant on Economic Social and Cultural Rights.

ILC International Land Coalition

LAC Legal Aid Clinic.

MP Maputo Protocol

NGO Non-Government Organization

NLP National Land Policy

NWLRA National women’s land rights agenda

OHCHR Office of High Commissioner for Human Rights.

RTA Registration of Titles Act

SDGs Sustainable Development Goal Agenda

ULA . Uganda Land Alliance

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ABSTRACT

This Research paper presents the legal awareness of communities about women’s
rights to land in Uganda. It digs into the contemporary legal and policy framework in
regards to women’s rights to land in Uganda, it identifies areas where women’s rights
to land in Uganda has been enforced, the challenges which are limiting awareness,
enforcement and applicability of women’s rights to land in Uganda. The paper gives
appropriate background on women’s rights to land Uganda. It goes ahead to provide
an analysis of the literature review of different scholars both local and international,
while critiquing the gaps. The paper goes ahead to investigate the existing legal
reforms relating to women’s rights to land in Uganda, (national) regional and on
international level highlighting the particular provisions of the law that state confines
within this kind.
In conclusion, the paper is comprehensive in analysis, investigation and reporting of the
awareness to women’s rights to land in Uganda in relation to the topic; local legal
framework with international and concludes with recommendations like legal reforms
that prioritize women’s rights over discriminatory customary practices, public awareness
campaigns to promote legal literacy, efforts to strengthen access to justice and economic
empowerment for women.

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 CHAPTER ONE

GENERAL INTRODUCTION

Introduction

This chapter presents the following; the background to study, problem statement, objectives of
the study, general objective, specific objectives, research questions, hypothesis of the study,
scope of the study, research methodology, significance of the study, limitation of the study,
chapterization of the study and conclusion.

Background of the study

A woman is an adult human being1, further a woman is defined as all females of the human
species, all such females who have arrived at the age of puberty 2 women are entitled to human
rights. These include the right to live free from violence and discrimination, to enjoy the highest
attainable standard of physical and mental health, to be educated, to own property, to vote, and to
earn an equal wage. But across the globe many women still face discrimination on the basis of
sex and gender. Gender inequality underpins many problems which disproportionately affect
women such as domestic and sexual violence, lower pay, and lack of access to education, and
inadequate healthcare and discrimination. For many years’ women’s rights movements have
fought hard to address this inequality, campaigning to change laws, to demand their rights and
respect. During the 19th and early 20th centuries people began to agitate for the right of women to
vote3 and in 1893 New Zealand became the first country to give women the right to vote on a
national level. This movement grew to spread all around the world. Today women’s suffrage is a
right under the Convention on the Elimination of All Forms of Discrimination against Women
(1979). However, despite these developments there are still many places around the world where
it is still difficult for women to exercise this right. In some areas women have been effectively
cut off from political engagement, including the ongoing peace process for example in Countries
like Syria, Pakistan4. Previously, Ugandan women were traditionally restricted in their ownership
and use of land however, what is not known is the extent to which the traditions have contributed
1
[Link] on 15th, November, 2024)
2
Black’s law dictionary 2nd edition page 1230.
3
http/[Link]/women suffrage. (Assessed on15th November, 2024).
4
http/[Link].(Assessed on 15th November, 2024)

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to women’s denial of their land rights. Upon acquiring independence in 1962, Uganda sought for
self-governance under a multiparty system. This demonstrated clearly the consciousness of good
governance. The systems and mechanism at the time were all manned by the imperial
government, Uganda has undergone social, economic and political problems which has had
drastic considerable influence on the politics, organizational and institutional capacities for
development5 on both women and men. In Uganda, where a significant portion of the population
is employed in agriculture, land ownership plays a crucial role in livelihoods. A blessed Uganda
with fertile land and beyond that land is a means of production that is essential in development.
This means that access, ownership and use of land and importantly land tenure security offers
perhaps the only survival alternative to the vast majority of poor Ugandans. Women often give
up their claims to parental ancestral land in favor of their brothers in order to keep access to the
natal village and natal home open. Before the 1962 Uganda’s independence, Uganda was in
super superior control of the colonialist and land ownership could only be determined by the
British chiefs and upon acquiring independence, the 1962 constitution was also not clear on
women’s rights to own land until in the year of 1995 when the current amended constitution was
enacted clearly stating how land is acquired. In 1998 Uganda enacted another Land Act cap
2004 pursuant to Article 237 (9)6 which required Parliament to have a Land Act in place by July
of that year. Uganda has got four types of land tenure system. The first is freehold tenure,
wherein one has full rights and registered ownership. The second is leasehold tenure, which
refers to land leased for a specific period under certain terms. The third is known as Mailoland
tenure, which involves holding registered land in perpetuity under a specific political authority
such as a traditional leader. The final type of land tenure is customary, wherein land is regulated
by customary rules often administered by clan or family leaders. The 1995 constitution of the
republic of Uganda is trite that land in Uganda belongs to the citizens and is conferred to them.
The constitution and other land laws prohibit discrimination against land ownership based on
gender. However, despite these legal provisions, women in Uganda, who make up a total of
23,440,0167 of the population in Uganda, few of that number own land. This gap in land

5
The Preamble of the 1995 Constitution of the Republic of Uganda explicitly infers as the Recalling of our history
that has been characterized by political and constitutional instability and recognizing our struggles against the forces
of tyranny, oppression and exploitation.
6
The 1995 constitution of the republic of Uganda as amended.
7
[Link]
[Link].(assessed on 15th November, 2024)

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ownership is concerning and highlights the need for action. Uganda is one of those countries
which has responded to all spheres of women’s rights, Article 21 8 provides that all persons are
equal before and under the law in all spheres of political, economic, social and cultural life and
in every other respect and shall enjoy equal protection of the law. This study therefore helped in
creating legal awareness of communities about women’s rights to own land in Uganda and
ensuring that their rights to land are respected hence promoting effective and sustainable
development. To achieve women equality in land ownership, it is crucial to break down
barriers/limitations, challenges, discriminatory laws like customary inheritance, social norms and
patriarchal systems that hinders women's access to land in Uganda.

Statement of the problem.

Before the enactment of the 1995 constitution land ownership by women in Uganda was not very
clear as it is today9. After the enactment of the 1995 Constitution, Uganda has come up with
various impressive list of existing laws that provide rights to ownership of land by women in
Uganda such as The Land Act Cap 227,The Registration of Titles Act Cap 240,The Succession
Act Cap 268,The National Women’s Land Rights Agenda 2021, however the actual ownership
of land by women remains merely theoretical for example the land tenure systems are embedded
in a cultural and social systems regulated along patrilineal lines, Women’s participation in land
management structures and dispute resolution is inadequate due to much lack of information,
ignorance and insufficient knowledge over the laws and therefore the study sought to create legal
awareness of women’s land rights, strengthening, engaging and sensitizing communities over
land rights of women in Uganda and thereby opine the necessary recommendations thereof.

Objectives of the Study.

8
The 1995 constitution of the Republic of Uganda as amended.
9
Tamukedde Mugambwa (Principles of land law in Uganda 2002 ,published by Fountain publishers Ltd)

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General Objectives.

- To create legal awareness of communities about women rights to land in Uganda.

Specific Objectives.

i. To examine the historical background of women’s right in Uganda.

ii. To examine the legal and policy framework on women’s rights in Uganda.
iii. To examine the enforcement or applicability of women’s rights to land in Uganda.
iv. To examine the challenges faced in implementing women’s rights to land in Uganda.
v. To examine the possible recommendations and conclusions for the challenges facing
in the implementation of women’s rights to land in Uganda.

Research Questions.

1. What are the historical background of women’s rights to land in Uganda?

2. What are the contemporary legal and policy framework on women’s right to own land in
Uganda?
3. What are the applicability of women’s right to land in Uganda?
4. What are the challenges facing in implementing women’s rights to land in Uganda?
5. What are the possible recommendations for the challenges facing in the implementation
of women’s rights to land in Uganda?

Hypothesis of the Study

A big percentage of women in Uganda lack knowledge of the available legal laws to their rights
to land because the available laws are formulated in the language which cannot be read and
interpreted by many, and some who can read cannot interpret, the existing culture keeps many
women far from their rights and end up whipping over the loss of their properties and
infringement of their rights because they couldn’t be fairly or not represented at all.

Research Methodology

In this section, Researchers described the methods that were used to obtain information for this
study. The Researchers employed the qualitative research design because the design enables the

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Researchers to look at variables in the natural setting in which they are found compared to
quantitative which attempts to gather data by objective methods to provide information about
relations, comparisons and predictions. Under qualitative it will involve the use of primary and
secondary sources of information. These include, examination of both primary and secondary
material, interviewing and Questionnaires.

a. Primary data collection.

Researchers used questionnaires, discussions, and key informants as the instruments for
provision of data for this study. Interviews were held face to face meetings between the
interviewer and the interviewee. Interviews were used as the principal data gathering techniques
for this study. The semi structured interviews are defined as those organized around areas of
particular interest, while still allowing considerable flexibility in scope and depth.

b. Secondary data collection.

The Researchers collected Secondary data through desk review of relevant literatures on
women’s access to and control over land, International policies on women’s Human rights issues
and concerns on property (land) these included UDHR, CEDAW and the UN conventions and
land policies, the Constitution,10 legal textbooks, legal articles, law journals, newspapers and
publications on land and gender related issues, declarations, international conventions11 were also
considered to get clear understanding of women’s land rights issues.

As Researchers we observed the principles of informed and voluntary participation of

interviewees in the study. Also when questioned about our identity we were able to provide our
students IDs from our University.

The Researchers also explained the importance of the study to the participants and this gave
enough ground for the respondents to expose issues that they considered extremely private which
principle produced a good result since respondents were in a position to answer our questions
relatively freely and also to share their views on the subject matter. This consideration really

10
The Constitution of the Republic of Uganda 1995.
11
The International Covenant Civil and Political Rights (ICCPR), The International Covenant on Economic Social
and Cultural Rights (ICESCR), The Universal Declaration for Human Rights, all collectively constituting the Intern
Bill of Rights.

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helped the Researcher because the data collection process was successful and managed in a
proper manner.

In summary, therefore the Researchers adopted both an on desk data collection method by
accessing various scholarly works and interviews to gather the required information.

Scope of the Study

This section covers the content, geographical, and time scope of the study.

a. Content.

The scope of the research was restricted to cover legal awareness of women’s rights to land in
Uganda.

b. Geographical Scope.

The study was conducted particularly in Uganda with cautious comparative analysis to other
jurisdiction.

c. Time Scope.

The study focused on the period from 1962 when Uganda acquired her independence to date and
it was carried out during the period of 2024-2025 and it is in this period when data was collected,
analyzed and presented.

Significance of the study

1. The study triggered the government and private sectors to contribute to the
general understanding of women rights to land in Uganda.
2. The study made the public to know the existing legal and policy frame work about
women rights to land in Uganda.
3. The study helped to identify the challenges facing the enforcement/applicability of
women’s rights to land in Uganda.
4. The study also provided possible recommendations to the challenges facing

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 5. The study provided a civic education to the society on women’s potential regarding land
ownership.
6. The Researchers believe that the study is also useful for academic purposes.

Limitations of the study

1. The study was limited by difficulty in tracing material, this slowed the pace of the survey
bearing consequences on the financial, human and others resources as well as the time
factor.
2. Limited literature for review. Availability of information on women’s rights to own land
was very limited because the existing literature and practice were not adequately
documented, the only documented literature was on the existing laws yet our concern was
on legal awareness on women’s rights to land in Uganda. This made reviewing the
available literature very limited.
3. The overall quality of the research was directly related to the accuracy of information
sources used to collect data. The many websites that provide information provided
incorrect information. As the Researchers it required a lot of efforts, patience, extreme
care and skill to identify reliable sources related to the topic, then analyze and crosscheck
the same data from various sources to validate its accuracy.
4. The limited room for open debates and interviews with the public given that we were
resident students also limited the study.

Chaptalization of the Study

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 1. Chapter One

Researchers gave a general introduction of the study, the background of the study, the
problem statement, the objectives of the study both general and specific, the research
questions, the significance of the study, the scope of the study, the methodology of the study,
hypothesis of the study, chaptalization and conclusion.

2. Chapter Two

The literature review of the study. Researchers provided the literature review of different
scholarly presentations, introduction, body analysis and conclusion.

3. Chapter Three

The contemporary Legal and policy framework. Researchers provided the contemporary
legal and policy framework in regards to women’s rights to land in Uganda, introduction,
body and conclusion.

4. Chapter Four

The Researchers identified the areas where women’s rights to land in Uganda has been
enforced and the challenges which are limiting awareness, enforcement and applicability of
women’s rights to land in Uganda.

5. Chapter Five.

Recommendation and the conclusion of the study. The Researchers recommended possible
measure to the challenges limiting awareness, enforcement and applicability of women’s
rights to land in Uganda, and the conclusion of the study.

Conclusion

In conclusion therefore, the Researchers in this chapter looked at the general introduction of the
study, the Researchers also looked at the background of the study where they provided a clear
picture on women’s rights to land in Uganda, the Researchers further looked at the statement of
the problem, objectives of the study where they provided both general and specific objectives of

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the study. The Researchers provided research questions, the hypothesis, and research
methodology, scope of the study where the Researchers provided the content, geographical and
the time scope. The Researchers also provided the significance and limitations of the study
where they highlighted both the significance of the study and the limitations which faced the
Researchers in the process of the study. The Researchers also provided chapterization of the
study where they highlighted contents of different chapters of this study in a descending order.
Finally, the Researchers provided the conclusion of the study where they highlighted all the
contents contained in this chapter one.

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 CHAPTER TWO
LITERATURE REVIEW

Introduction

This chapter presents the following; the introduction, the analysis of literature review of different
scholarly papers, article, handbooks, textbooks and newspaper and the conclusion.

Literature Review analysis

Researchers reviewed the existing literature in three main concepts; land rights, land tenure and
awareness of the existing law. Legal awareness discusses how women as individuals and through
their lobby groups are able to internalize and use the law to realize their land rights.

Land Rights. Many conflicts and struggles in Africa in general and Uganda in particular have
been waged over land. Uganda has witnessed what the Researchers termed as resource land
conflicts. However, in some cases these conflicts have been subtle. These conflicts over land has
been more intense, Conflicts have emerged over the fight to control and own land amongst both
men and women. The gender inequality in terms of ownership of land has made many scholars to
write on what has been commonly referred to as land rights, in local areas some communities’
access land and ownership is a signal of the person’s social personality and social footing.
Women with protected privileges to land, stand more chances to retain sovereign to monetary
undertakings and having robust negotiating authority in the family and community.

As argued by many, the Researchers therefore used the concept of land rights to explore how
women have been deprived of their access to land in Uganda despite the existing women rights
to land embedded in the existing laws. International human rights statutes, treaties and
instruments has been signed by Uganda for example the Universal Declaration of Human Rights
(UDHR), the African Charter on Human and People’s Rights, and the Convention on the
Elimination of All Forms of Discrimination against Women. All these instruments seek to
promote women’s rights in terms of having equal access and opportunities as men. This then
means that women should also have equal access to own land as men.

The land rights concept. The Researchers reviewed and analyzed why women in Uganda are
failing to enjoy the embedded available land right to land. To put it in other words, women lacks

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the legal consciousness or awareness on how they can mobilize through advocacy so as to realize
their right to access and own land.

Therefore, the need to close the existing gap between the legislation and the awareness about the
knowledge of the law on women’s land right to land in Uganda. However, various scholars who
have researched extensively on this subject such as Cotula et al 12. Argue that rural women always
lack knowledge about the available law. This is particularly due to many factors ranging from the
difficulties involved in accessing information. The Researchers believe that all those difficulties
in Uganda range from technicalities in the legal system, remoteness in some areas to the urban
centers and the cost of hiring legal personnel to educate women.

Article 1713 , provides that everyone has the right to own property alone as well as in association
with other. (2) No one shall be arbitrarily deprived of his property. Uganda has lived to this
promise through the implementation of the constitution of 1995 and Article 26 14 . This implies
that Uganda’s commitment to all the above instruments as a duty bearer on the respect of human
rights for everyone is key to upholding women’s land rights by the mere fact that they are human
being.

However, in this study the Researchers argue that there is no relation between the ‘living law’
and the reality on the ground. The Ugandan constitution provides for the right to own land on
paper. The Ugandan women still remain landless due to structural violence and ignorance.

Tamukedde Mugambwa in his book15 holds that the Bill which later the Land Act, 1998 was
enacted was debated for over 5 years before it was finally enacted and it came when Ugandans
were relatively enjoying freedom of speech. He further discusses that the debate generated a lot
of controversy through the country and which made the government to fear that it might lead to a
civil war. Mugambwa argues that land in Uganda like in any other developing countries is such a
very sensitive issue. He further discusses 6 provisions of land in Uganda which is Government
land, freehold, lease hold, mailo land, customary tenure and ownership of land by non-citizen
and in all these categories ownership is for both male and female 16. Further on Mugambwa holds
12
Cotula L (Ed) (2007) p.1-2 Changes in Customary Land Tenure Systems in Africa. London: DFID/IIED/FAO
13
Universal Declaration on Human Rights
14
The 1995 Constitution of the Republic of Uganda as amended
15
Tamukedde Mugambwa (Principles of land law in Uganda 2002 at page 6-8.)published by Fountain Publishers
Ltd
16
Tamukedde Mugambwa (Principles of land law in Uganda) published by Fountain Publishers Ltd 2002.

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that ownership of land in freehold or mailo land is open to all citizens of Uganda regardless s of
the race and a person is deemed not to be a citizen of Uganda as defined by the 1995
Constitution of the Republic of Uganda, the Uganda Citizenship and the Immigration Control
Act 199417. All his assertion is valid but what he left out is the sensitization, awareness on land
ownership by women in Uganda more so that big percentage which cannot read, interpret and
understand those rights embedded in the statutes.

Cheromoi Clare in her research paper presented on December 2012 18 argues that Human Rights
framework in analyzing how women’s rights to access and own land has been mobilized and
realized by third party actors such as women land lobby groups. The actors have translated
global human rights norms into the local human rights regime by pushing for the Ugandan
government to uphold to the rights of women as stipulated in global and regional human rights
instruments. Cheromoi Clare further argue that some scholars have noted that ‘‘Uganda land law
is one of the best at protecting people’s rights’’ as articulated by the Land Equity Movement
Uganda.

Yes, the Researchers agree with Cheromoi Clare’s view that ‘women have been given the
opportunity to exercise their land rights. And this has enabled them to make choices on what
they want to do with the land and this has shown the importance of Individual choices to own
land and make decisions on it. However, the researchers hold that “rights are shaped through
actual struggles informed by own people’s understandings of what they are justly entitled” goes
on to support that.

Human rights law plays a key role in turn in advancing these rights to the women through the
legal instruments and courts of law. As noted by International Institute for Environment and
Development, that communities, individuals or groups of people should have a right to cultivate
land, build a house or even donate it however, if they are denied then they do not have these
entitlements towards the market or to determine off that equal portion of property leading it to be
a big problem19.

17
Section 4l (7) (a) of the Land Act, Articles 9-13 of the Constitution and Uganda Citizenship and Immigration
Control Act, 1999, Part 111.
18
Women’s Land Rights in Busia District: Land Rights Tenure Systems and Women’s Awareness of the Law.
19
Bikaako, W. and J. Ssenkumba (2003) 'Gender, Land and Rights: Contemporary Contestations in Law, Policy and
Practice in Uganda', Women and Land in Africa: Culture, Religion and Realizing Women’s Rights.

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The Researchers agree that, the greatest method of securing land rights is by recording the
societies’ concerns to property, some reviewed research papers indicated that there are several
ways of registering rights to land whereby some are short term certificates of occupancy while
others are formal registers and titling processes. Though the reviewed paper does not clearly
specify and show how these rights can be enforced or implemented.

Uganda through the land register office has tried to promote opportunities for women on their
land rights on access to and ownership through advocacy and sensitization on the importance of
these rights to both the women and men with the help of enforcement by the concerned organs
like government and this in turn has improved food security and livelihoods in the country.

The International Institute for Environment and Development 20, holds that, ‘‘land rights to
be totally reorganized the institutions that issue them have to be legitimate and socially accepted
by the people’’. Despite, the Ugandan government commitment to these provisions as a duty
bearer it has been in a slow position to respect, fulfil and protect women’s rights to land and
utilization of land as such ownership of land is still skewed in favor of men. As per the Article 18
21
which stresses that reports may indicate factors and difficulties affecting the degree of
fulfilment of obligations under the present convention and also Article 15 22 calls for equality
before the law and state parties shall accord this to women and to that of men and the same
opportunities to that of men. The Uganda government has taken appropriate ways to eliminate all
this forms that discriminate women. Despite, these provisions on women human rights Uganda
still faces challenges on its property rights and which land is part, the literature we visited we
found out that it is true Uganda has very welcoming laws but the question as to their awareness
still lacking.

Wan-Sin23 holds that Uganda boasts a relatively progressive legal framework designed to
promote gender equality and protect women's rights, including those related to land ownership.
Laws have been enacted and revised to 16% of land in Uganda registered in the names of
women, underscoring the gap between legal provisions and reality. This discrepancy is largely

20
International Institute for Environment and Development (2006) ‘Innovation in Securing Land Rights in Africa:
Lessons from experience.
21
The Convention on Elimination of all forms of Discrimination Against Women
22
The Convention on Elimination of all forms of Discrimination Against Women
23
[Link] Tsao International Land Coalition (ILC) on
women’s land rights in Uganda. presented on 30 Sep 2024

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driven by deeply entrenched social and gender norms, which continue to favor men as the
primary landowners and decision-makers in most communities. The ILC goes further to
highlight that the law is clear, implementation fails because customary practices still dominate,
leaving women without a voice in land matters.

The Researchers agree that the ILC paper did not boost need for legal awareness to communities
about women rights to land, they instead focused more on the existing customary practices which
dominates woman’s rights, yet the key issue in this study is on legal awareness.

Ahmad Sawaba Abdulhadi in his journal Vol.6 (5) 201924 Holds that, the 1995 Constitution of
Uganda, provides that the ownership of all lands in Uganda is vested on the citizens of Uganda,
the State shall hold for and on behalf of the citizens of Uganda. 25 Article 24426 , provide that the
ownership and control of lands in Uganda belongs to the Government of Uganda, Articles (237
and 244)27 are in conflict with one another here and his view he suggested that there is need to
reconcile or amended the two provisions28. ownership of all lands in Uganda are owned and
controlled by the citizens of Uganda which is not true position, Looking at the situation, where
the government want to acquire land for public interest only payment of compensation is given
to the citizens.29 This, goes to the fact that restrictions is placed on the mode of acquiring land in
Uganda, where land had been taken from the citizen’s for public interest, this acquisition
contravened the provisions of the Universal Declaration of Human Rights 1948 for the sole
reason that there is no common concern on the side of the Government, which was the main
intent and purposes of the Convention of Universal Declaration of Human Rights 1948.30

The Constitution of Uganda 1995, also recognized four (4) types of ownership which were
rooted under customary lands tenure system of the Country. These customary land tenures are;
the freehold, leasehold, Mailo and customary land tenure operated within the regions. All these
provisions only serve best in theories and of which they serve no purpose if not implemented.

24
Islamic University Multidisciplinary Journal IUMJ, vol. 6 (5), 2019) at page 7.
25
The 1995 constitution of Uganda as amended
26
The 1995 Constitution of the Republic of Uganda as amended
27
The 1995 Constitution of the Republic of Uganda as amended
28
[Link] Critique on the Laws for the Protection of Women’s
Rights to Property in Nigeria and Uganda. At page 7(assessed on 15 November 2024).
29
Article 26 of the Republic Constitution of Uganda 1995.
30
Universal Declaration of Human Rights 1948

Page 21 of 47
Annet Kandole31 Holds that the available land laws do not provide co-ownership of land and
property by spouses. To her this was an empowering clause that would bring to light equal
ownership by a husband and wife of the land on which the family’s principal place of residence
rests, or property from which the family derives its principal source of livelihood or sustenance.

The Uganda Vision 204032 is geared towards achieving a transformed Ugandan society from a
peasant to a modern and prosperous country with in 30years this calls for the government, land
sector, local government leaders and politicians to embrace women rights to land and property as
reforms are undertaken to facilitate acquisition of land for planned urbanization, infrastructure
development, agriculture commercialization and other developments. However, much as Annet
Kandole argues that an incorporation of a provision for co-ownership in the land Act is a must to
promote women’s rights to land, she did not dispute the fact that by law women can own land in
Uganda, and still she is silent to its legal awareness. The Researchers believed that what Care
Uganda (Annet Kandole) is trying to advance is already in existence and what is remaining is to
make the publicity of it.

Gladys Rosette Nandutu33. Holds that in Uganda land is more than a mere commodity, and it
sustains over 95% of the livelihoods for Ugandan, in particular women who plays a vital role in
the agricultural sector. Further making a reference to the 2020 report by the Land Sector
Technical Working Group showed that 18% of the land titles are held by women and she argues
that the gap between legal rights and actual ownership is very big, hence a need for legislative
reform that reinforces women’s land rights inclusive initiatives aimed at sensitizing both men
and women about gender equality in land rights to foster an environment where women feel
empowered to claim their entitlements without fear, and so Uganda must review its existing
laws in ensuring that women‘s rights to land are protected unequivocally34.

The argument sounds clear calling for legislative reforms yet the available laws on women’s
rights to land are still in documents which needs to be communicated to the communities,

31
[Link]
[Link], page 8.(assessed on 15 November 2024)
32
[Link]
[Link](assessed on15th November 2024)
33
New vision 05 September 2024.
34
[Link] on 20th
November 2024)

Page 22 of 47
therefore the Researchers contends that before calling for more reforms the existing laws has to
be communicated to the communities through various possible means to make the public aware
of these laws on women’s rights to own land in Uganda minus that even though thousands laws
are enacted the problem will remain the same.

Conclusion.

The Researchers comprehensively analyzed the existing literature around the study through
reviewing scholarly papers, Hand books and News Paper. The researchers in the process
reviewed the existing literature in three main concepts; land rights, land tenure and awareness.
Therefore, in all the reviewed literature on women’s right to land in Uganda from different
sources indicated that the laws on women’s rights to own land was an issue prior to the
enactment of the 1995 constitution and some reviewed papers calls for legislative reforms yet
and the big percentage lacks knowledge on the existing land rights.

Page 23 of 47
 CHAPTER THREE

LEGAL AND POLICY FRAMEWORK IN REGARDS TO WOMEN’S

LAND RIGHTS IN UGANDA .

Introduction.

This chapter presents the following; the introduction of the chapter, the existing legal and policy
frame work in regards to women’s land rights in Uganda, internationally, regionally, National
and the Conclusion.

Legal frame work

a. International legal framework.

Women’s equal rights to land and property are grounded in the core human rights instruments
that Uganda ratified and became one of the signatories such as, the Universal Declaration of
Human Rights. The International Covenant on Economic, Social and Cultural Rights. The
International Covenant on Civil and Political Rights, and the Convention for the Elimination of
All Forms of Discrimination against Women. All these frameworks have provided legal
protection on the advancement of women’s land rights on a global level35 as discussed below;

Under Article 1736 Universal Declaration of Human Rights. guarantees the right to ownership of
property individually and without any attachment and protects ownership against any arbitrary
deprivation.

The International Covenant on Economic Social and Cultural Rights under Article 337
acknowledges equal rights of men and women considering all aspects social, cultural, and
economic rights which includes property and lands rights as well38.

35
[Link] on 20th November 2024)
36
Universal Declaration of Human Rights 1948
37
International Covenant on Economic Social and Cultural Rights.
38
[Link] on 20th November 2024).

Page 24 of 47
Article 2 of the International Covenant on Civil and Political Rights, provides for non-
discrimination and this is reinforced in Article 26 of the treaty which enshrines equality before
the law and it can be applied to defend women’s right to non-discrimination and equality, not
only with respect to civil and political rights, but also with economic and social rights 39. The
objective of the Platform for Action (1995), confirm with the purposes and principles of the
Charter of the United Nations and international law and the empowerment of all women. The full
realization of all human rights and fundamental freedoms of all women is essential for the
empowerment of women.

The Convention on the Elimination of all forms of Discrimination against Women Article
16,40emphasize equality of both spouses in respect of the ownership, acquisition, management,
administration, enjoyment, and disposition of property. This provision is a cornerstone for the
promotion and protection of women’s rights including the right to land and addresses the
elimination of discrimination against women before, during and after Marriage.

b. Regional legal Framework.

The SDGs 2030 gives prominence to gender equality on land, equal rights to economic resources
and basic services including land ownership, while doubling agricultural productivity through
secure and equal access to land and other productive resources, and undertaking reforms to give
women equal rights to economic resources, as well as access to ownership and control over land
and other forms of property.

The African Union declaration on Land issues and Challenges (2009) resolved to ensure that
land laws provide for equitable access to land and related resources among all land users
including the youth and other landless and vulnerable groups such as displaced persons;
strengthen security of land tenure for women which require special attention. The AU framework
and guidelines on land requires governments to strengthen women land rights through enactment
of legislation that allows women to enforce documented claims to land within and outside
marriage and to put in place measures to remove issues regarding the land rights of women from

39
International Covenant on Civil and Political Rights
40
The Convention on the Elimination of all forms of Discrimination against Women.

Page 25 of 47
the confines of private sphere of marriage and family, and into the public domain of human
rights.

The African Union (AU) Agenda 2063 explicitly made a commitment to develop and implement
affirmative policies and advocacy to ensure women’s increased access to land and inputs and
ensure that at least 30% of agricultural financing are accessed by women. Although not legally
binding, the Voluntary Guidelines on the Responsible Governance of Tenure (VGGTs) seek to
improve tenure governance for the benefit of all, with an emphasis on vulnerable and
marginalized people. Gender equality is one of the 10 implementation principles and addresses
gender issues in a cross-cutting way. The VGGTs recognize equality between individuals and
explicitly highlight women’s and girls’ equal tenure rights as compared to men (VGGT, 3B
Principles of Implementation, article 3 and 4). VGGTs also provides clear guidance for
governments in terms on what they need to harness potential for women’s land tenure security,
(VGGT, 3B Principles of Implementation, Article 1) and specifies that States should ensure
equal tenure rights for women and men, including the right to inherit and bequeath these rights.

Articles 7, 15, 16, 20 and 2141 grants women rights to access and control. The productive
resources including land is a legally binding human rights instrument for all Member States and
has the potential of safeguarding the rights of women’s land rights. The MP requires State parties
to take measures to provide women with access to clean drinking water, sources of domestic
fuel, land, and the means of producing nutritious food in the context of women’s right to food
security and puts emphasis on inheritance rights.

c. National legal Frame Work.

The 1995 Constitution of the republic of Uganda as amended

The Constitution of Uganda42 is the supreme law of the land and provides the foundation for
women’s land rights. It enshrines the principles of equality and non-discrimination, which are
essential for protecting women’s rights to own and inherit land in Uganda. Article 21 43
guarantees equality before the law and prohibits discrimination based on gender and race. This

41
The Maputo Protocol.
42
The 1995 Constitution of the republic of Uganda as amended.
43
The 1995 Constitution of the Republic of Uganda as amended

Page 26 of 47
article is crucial in addressing the historical gender based discrimination that has prevented
44
women from fully exercising their land rights. Article 26 protects the right to own property,
including land, stating that every person has the right to own property either individually or in
association with others. This provision is gender neutral, implying that women have the same
rights as men to own and dispose off property at their own interest and wish.

Article 31 (1)45 entitles women and men to equal rights during and after marriage including the
acquisition of property which may be land during marriage. Article 237 (1)46 vests land in the
citizens of Uganda women inclusive, furthermore, land shall be owned in accordance with land
tenure systems including customary, freehold, mailo and leasehold.

Article 3347 specifically addresses the rights of women, women shall be accorded full and equal
dignity with men. Article 33(6) explicitly prohibits laws, customs, or traditions that are against
the dignity, welfare, or interest of women or which undermine their status. This provision is
particularly relevant in the context of women’s rights to land, as it provides a constitutional basis
for challenging discriminatory customary practices. The Researchers however, believes that the
practical realization of this right for women, particularly in rural areas, is often hindered by
customary practices that favor more male landownership.

The 1998 Land Act cap 236

The Land Act is a landmark piece of legislation that sought to reform Uganda’s land tenure
system and address issues of land ownership, including the protection of women’s rights to land.
The Act48 provides for security of land tenure, ownership and management of land for bonafide
and lawful occupants of public and private land in Uganda. It provides for mandatory
representation of women on land tenure governance institutions. Section 29(1)49 defines who a
bonafide and a lawful occupant as a person who entered the land with the consent of the
registered owner and includes a purchaser or a person who had occupied land as a customary
tenant but whose tenancy was not disclosed or compensated for by the registered owner at the

44
The 1995 constitution of the Republic of Uganda as amended
45
The 1995 Constitution of the Republic of Uganda as amended.
46
The 1995 constitution of the republic of Uganda as amended.
47
The 1995 constitution of the Republic of Uganda as amended
48
Land Act laws of Uganda cap236
49
The Land Act laws of Uganda cap 236

Page 27 of 47
time. Section 29(2)50 on the other hand defines a bonafide occupant as a person who before the
coming into force of the 1995 Constitution had occupied, and utilized or developed any land
unchallenged by the registered owner or agent of the registered owner for twelve years or more
or has been settled on the land by government or an agent of the government.

Section 4051 is very important for women, as it requires spousal consent before any transaction
involving family land can take place. This provision is intended to protect women from being
dispossessed of their land by ensuring that decisions involving the sale, mortgage, or lease of
family land cannot be made unilaterally by the husband. Hon. Justice Duncan Gaswaga in Laila
Lubega Vs Ali Lubega DFCU BANK LTD52 while referring to Alice Okiror and Anor vs.
Global Capital Save and Anor53 stated that there must be a valid spousal consent before family
land is sold or mortgaged.

The Researchers however contend that enforcement of Section 4054 is inconsistent, with many
women unaware of their rights or unable to challenge transactions that have taken place without
their consent. Despite the gender neutral language of the Land Act, women continue to face
significant barriers in asserting their land rights, particularly in cases where customary law
prevails. Customary land tenure often grants women secondary rights to land, such as access
through marriage or kinship, but does not recognize women as primary landowners. This creates
a conflict between the statutory protections offered by the Land Act and the customary practices
that continue to dominate land governance in rural areas. Therefore, the Land Act attempts to
harmonize customary land practices with statutory law, providing a framework for women to
claim land rights within both systems.

The Registration of Titles Act Cap 240.

Uganda uses the Torrens system of titles registration, which was introduced through the
Registration of Titles Act 1924. This act applies to all freehold, leasehold, and mailo land, but

50
The Land Act laws of Uganda cap 236
51
The Land Act laws of Uganda cap 236
52
High Court Civil Suit No. 118 of (2010)2021
53
Supreme Court Civil Application No.57 of 2021
54
The Land Act laws of Uganda cap 236

Page 28 of 47
does not recognize customary tenure rights, which must first be converted to freehold. The Act
recognizes any person’s right to own property as long as it is lawfully in his or her name. Section
355 specifically disclaims any intentions to limit the application of laws providing for the
property of married women.

Section 56 56 provided that where there are two or more persons registered as joint proprietors of
land shall be deemed to be entitled to the land as joint tenants this essentially leads to gender
equality in regards to land ownership in Uganda; when a couple has property registered in both
their names the principle of survivorship comes in when the other dies. Though, women still face
significant challenges in accessing cultural justice, in the sense that almost all cultural norms in
Uganda still put men on top which is detrimental women’s property rights.

The Succession Act, Cap 268

This law generally prohibits discrimination against women in the inheritance processes, and
Provides for legal remedies for women who face discrimination or are being denied their
57
inheritance rights. Section 36 provides for who has capacity to make a will, Subsection 258
provides that while the marriage is still existent both parties may hold property in his or her
name may by will dispose of such property.

The wording of the Act is more gender sensitive in that Section 2759 provides for an intestate,
rather than a male intestate in the principle Act. A spouse has automatic legal place in a will,
Section 27(1) (a) (i) provides that where the intestate is survived by a spouse, a lineal
descendant, a dependent relative and a customary heir, the spouse shall receive 20% of the whole
property of the intestate.

Under the Act60, the surviving spouse (the widow) is entitled to a portion of the deceased
husband’s estate, with the remainder distributed among children and other relatives, often to the
55
The Registration of Titles Act, laws of Uganda Cap 240
56
The Registration of Titles, laws of Uganda Act Cap 240
57
The Succession Act, laws of Uganda Cap 268
58
The Succession Act, laws of Uganda Cap 268
59
The Succession Act, laws of Uganda Cap 268
60
Succession Act, laws of Uganda Cap 268

Page 29 of 47
detriment of the widow’s land rights. Recent legal reforms have sought to address these issues,
but significant challenges remain. For example, the requirement for spousal consent in land
transactions under the Land Act is an important step toward protecting women’s land rights
within marriage, but the unequal distribution of inheritance under the Succession Act continues
to undermine women’s ability to inherit land in their own right.

The National Policy Frame Work

According to the Uganda law reform commission a national policy frame work refers to a
systematic and structured approach adopted by the government to address legal and social
challenges.

a. The National Land Policy (NLP) 2013.

The NLP 201361 provides for equity and justice in access to land irrespective of gender, age,
disability or any other reason created by history, tradition or custom. It further highlights in its
foreword and executive summary. The aim was developed to harmonize the diverse views on
historical injustices which have resulted in multiple rights and interests over the same piece of
land by some individuals in the different communities, boarder disputes arising out of tribal and
ethnic groupings and trans-state boarder disputes. It further intended to protect the rights of the
citizens to own land and use it optimally 62. Therefore, the NLP projects a transformed Ugandan
society through optimal use and management of land resources for a prosperous and
industrialized economy with a developed services sector and to be able to achieve this vision, it
set out a goals; ‘to ensure efficient, equitable and optimal utilization and management of
Uganda’s land resources for poverty reduction, wealth creation and overall socioeconomic
development.

b. National Women’s Land Rights Agenda 2021.

The NWLRA was developed to identify key priority challenges that inhibit the advancement of
women’s land rights in Uganda but also to provide strategies for the realization of these rights,
61
The National Land Policy 2013
62
The National Land Policy 2013

Page 30 of 47
women and housing, land and property by the OHCHR on women’s human rights and gender
equality. Women’s rights to land, property and housing are essential for realizing their rights to
equality and to an adequate standard of living 63. Having secure access to land, property and
housing supports a woman’s independence and autonomy. Realizing women’s land, property and
housing rights is an integral part of the gender responsive implementation for 2030 Agenda for
Sustainable Development64.

Conclusion.

This chapter of the study assessed the existing laws and policies governing women land rights
both internationally, regionally and in Uganda. The Researchers examined and assessed different
legal reforms and policies Legal Framework providing women’s land rights for example the
Universal Declaration on Human Rights, the International Covenant on Economic, Social and
Cultural Rights, the International Covenant on Civil and Political Rights, and the Convention for
the Elimination of All Forms of Discrimination Against Women, The African Union declaration
on Land issues and Challenges, The Sustainable Development Goal Agenda, The 1995
Constitution, The land Act, The Registration of Titles Act, Succession Act among others.

63
The National Women’s Land Rights Agenda 2021
64
[Link] on 4th December 2024)

Page 31 of 47
 CHAPTER FOUR.

APPLICABILITY AND CHALLENGES HINDERING AWARENESS OF

WOMEN’S LAND RIGHTS IN UGANDA .

Introduction

This chapter presents the introduction, the areas where women’s rights to land in Uganda
has been enforced, the challenges which are limiting awareness, enforcement and
applicability of women’s rights to land in Uganda and the conclusion.

The Researchers identified the areas where women’s rights to land in Uganda has been
enforced, Women's land rights have been enforced in some areas through legal, policy
frameworks and cases.

Applicability of Women Rights by the Law

65
Chapter 4 focuses on the protection and promotion of fundamental and other human
rights and freedoms. One of these rights is the right to own property that is provided for
under Article 26(1)66 states that every person has a right to own property individually or
in association with others. The Researchers contend that this chapter does not segregate
this right on the basis of gender, tribe, age or any other aspect. This therefore means that
men, women and children have the right to own property in Uganda and that includes
land.

Article 31(1) (b)67 is on equal rights of spouses at and in marriage, during marriage and
at its dissolution. The Researchers contend that these rights extend to the right to own
property and land inclusive. Sub Article 2 of the same Article emphasizes the role of
Parliament to appropriately legislate so as to protect the rights of widows and widowers

65
The 1995 Constitution of the Republic of Uganda as amended
66
The 1995 Constitution of the Republic of Uganda as amended
67
The 1995 Constitution of the Republic of Uganda as amended

Page 32 of 47
to inherit the property of their deceased spouses and to enjoy parental rights over their
children. This guarantees equal rights of either the wife or the husband at divorce 68. In the
researcher’s view, not all property either individually or jointly acquired before or during
the subsistence of a marriage should in all cases, be shared equally upon divorce. In the
case of Rwabinumi vs. Bahimbisomwe69 court while recognizing the right to equality of
men and women in marriage and at its dissolution, also reserved the constitutional right
of individuals, be they married or not, to own property either individually or in
70
association with others as under Article 26(1). This means that, even in the context of
marriage, the right to own property individually is preserved by our Constitution as is the
right of an individual to own property in association with others, who may include a
spouse, children, siblings or even business partners.

Section 38A71 gives every spouse security of occupancy on family land which means a
right of access and residence therein. It further provides that every spouse shall in every
case have the right to use the family land and to give or withhold his or her consent to
any transaction referred to under Section 3972 which may affect his or her rights. The act
defines family land as land on which is situated the ordinary residence of a family and on
which is situated the ordinary residence of the family and from which the family derives
sustenance. The right extends to the residence, whether or not there is also land from
which derives sustenance. Security of occupancy means a right to have access to and live
on family land and give or withhold his or her consent to any transaction, which may
affect his or her rights. Section 3973 requires spousal consent prior to entering into any
land transaction concerning land on which the spouse resides on and uses for sustenance.
In Alice Okiror Vs. Global Capital Save 2004 Limited 74 it was held that the requirement
for spousal consent is intended to provide security of occupancy on family land unless a

68
Deogratias Acidri, policy and practice, volume 6, 2016. ‘’women's rights to land ownership in Uganda’
69
Supreme court (civil appeal No.10 of 2009) [2013] UGSC5 (2Oth March 2013
70
The 1995 Constitution of the Republic of Uganda as amended
71
The Land Act, laws of Uganda Cap 236
72
The Land Act Cap, laws of Uganda cap 236
73
The Land Act , laws of Uganda cap 236
74
Supreme Court Civil application No.57 of 2021

Page 33 of 47
spouse consents to doing away with it. That in the absence of written spousal consent to
mortgaging the property in issue for the amount stated in the mortgage, the mortgage
created over it is void.

Applicability of Women Rights by the Judiciary

The Researchers identified that the judiciary has played a significant role in interpreting
and enforcing laws related to women’s land rights, often balancing statutory protections
with customary practices. However, despite some progressive judgments, there remains
inconsistency in the courts approach to upholding women’s land rights, especially in
cases involving customary tenure. Lawrence Musoke v Rebecca Musoke75 is a landmark
case that highlights the complexities surrounding spousal consent in land transactions. In
this case, a husband sold family land without seeking the consent of his wife, as required
under Section 4076 . The wife challenged the sale in court, arguing that the transaction
was invalid without her consent. The High Court ruled in favor of the wife, affirming the
necessity of spousal consent in land transactions involving family property. This case set
an important precedent for protecting women’s rights to family land, but enforcement of
this principle remains inconsistent, particularly in rural areas where customary practices
often prevail. In the case of Uganda Association of Women Lawyers (FIDA Uganda) v
Attorney General Constitutional77 in this case challenged the constitutionality of the
succession Act, which limited women’s inheritance rights. The court ruled in favor of
FIDA Uganda declaring several provisions of succession Act unconstitutional and affirms
women’s equal rights in inheriting land and other properties which led to new
amendment of Succession Act of 2022 which provided for gender balance in inheritance
of property of the deceased.

75
[Link]:/[Link](assessed on 15th January 2025)
76
The Land Act, laws of Uganda cap 236
77
Constitutional Petition No. 2 of 2003

Page 34 of 47
Applicability of Women Rights in Divorce and Inheritance

The Researchers identified that upon dissolution of marriage a woman has apportion on
the properties acquired before or during the marriage as provided for under section 15 78.
The Researchers also identified that women have a right to inherit any property as per the
will of the deceased or the law. The succession laws have been amended to offer better
protection to women’s inheritance. Section 3679 further provides for who has the
capacity to make a will, meaning a woman can make a will and bequeath her properties
to another woman as well a woman has a legal right to inherit her husband property who
died intestate.

Challenges limiting the applicability of Women’s Rights to Land in Uganda

Women’s rights to access, own, and control land are of paramount importance, given
their significant role in agriculture and rural development. However, despite their
substantial contributions to food production and household welfare, women in Uganda
face considerable challenges in securing land rights80. Women’s secondary status with
regard to land ownership is further entrenched by cultural attitudes that view land as a
symbol of male power and authority. In many cases, women’s access to land is
contingent on their relationships with male relatives or their status as wives. Widows and
divorced women are particularly vulnerable, as they may lose access to land once their
marital ties are severed.

Therefore, the Researchers identified some of the barriers which are limiting awareness,
enforcement and applicability of women’s rights to land in Uganda drawing on case
studies that illustrate the persistence of these norms despite the existence of statutory
protections.
78
The Divorce Act , laws of Uganda cap 249
79
The Succession Act, laws of Uganda Cap 268
80
Fredrick Immanuel Kindi, 2010. "Challenges and Opportunities for Women’s Land Rights in Post-
Conflict Northern Uganda. Uganda Women’s land rights Agenda, [Link] authority on
development (IGAD).

Page 35 of 47
 a. Lack of legal knowledge.

The Researchers identified that while Uganda’s legal framework provides for the
protection of women’s land rights, many women are unaware of their legal rights or face
difficulties in accessing the formal legal system. This is particularly true in rural areas,
where customary dispute resolution mechanisms are more accessible and familiar than
formal courts. In some cases, women may be reluctant to bring land disputes to court due
to social stigma or fear of reprisal from their families or communities. Moreover, the cost
of legal representation and the slow pace of court proceedings can be prohibitive for
many women. Legal aid services, though available are often limited in reach and
capacity, particularly in rural areas where women’s land rights are most at risk.

b. Harsh Government Policies on NGOS.

The Researchers identified that some restrictions on the operation of Non-Government

Organizations in Uganda deter its effectiveness. The NGOs have done a significant role
in advocating for women’s equality and rights in most parts of the country, however the
authority thinks that some non-government organizations have hidden political ambitions
and hence delaying and hardening renewal process of their license hiding to non-
compliance with the NGO Act 2016 regulations which includes failing to register with
the NGO Bureau, not filing annual returns, not submitting audited financial statements,
and operating with expired permits, often resulting in the government suspending their
operations through the National Bureau for NGOs under the Ministry of Internal Affairs;
this was most notably seen in August 2021 when 54 NGOs were suspended for such
reasons yet there very key in enforcing women’s rights to land in Uganda.

c. High Costs of media program.

The Researchers identified that media platforms like televisions, local stations and radio
stations are very expensive due to high taxes levied by the taxing authority which makes
it hard for some organizations and group to use them to sensitize and educate women

Page 36 of 47
about their rights to own land in Uganda. Despite the existence of gender-sensitive
policies aimed at improving women’s land rights, their implementation is largely
ineffective. For example, the requirement for spousal consent in land transactions under
the Land Act is an important legal safeguard, but in practice, many women are unaware
of this provision or are unable to enforce it. A key reason for the ineffectiveness of these
policies is the lack of public awareness and education on women’s land rights through
different media platforms. Many women, particularly in rural areas, are unaware of their
legal rights to own and inherit land, and are thus unable to assert these rights when faced
with opposition from family members or community leaders. Moreover, cultural
resistance to gender equality in land ownership remains strong in many communities,
with patriarchal norms continuing to dictate that men are the rightful owners of land.

d. Limited access to Legal Remedies.

The Researchers identified that the formal legal system in Uganda, though providing
essential protections for women’s land rights, is often inaccessible to many women due to
a variety of socio-economic and cultural barriers. Many women, particularly in rural
areas, lack knowledge of their legal rights and are often unaware of the legal avenues
available to them for resolving land disputes. Additionally, the cost of legal
representation and the complexity of navigating the formal court system can be
prohibitive for women, particularly those from low-income backgrounds. The legal aid
organizations, such as the ULA and the LAC of the Law Development Centre (LDC),
have made significant strides in offering free or low-cost legal services to women seeking
to assert their land rights. These organizations play a crucial role in educating women
about their rights and providing legal representation in court. However, the reach of these
services remains limited, and many women in rural areas continue to rely on informal
dispute resolution mechanisms, such as clan councils or local leaders, which often favor
customary law over statutory protections. Moreover, the court system in Uganda is often
slow, with cases taking years to be resolved. The lengthy and expensive nature of formal
legal proceedings deters many women from pursuing justice, especially in cases where

Page 37 of 47
they face opposition from powerful family members or community leaders. In some
instances, women may face social stigma or threats of violence for challenging customary
norms, further discouraging them from seeking legal recourse. These barriers to
accessing legal remedies illustrate the gap between the legal protections afforded to
women under Ugandan law and the realities on the ground. Without greater awareness of
legal rights and improved access to legal services, many women will continue to face
difficulties in asserting their land rights.

e. Enforcement Challenges

The Researchers identified that even where statutory laws provide clear protections for
women’s land rights, enforcement remains a major challenge. The Ugandan legal system
lacks the capacity and resources to effectively enforce land laws, particularly in rural
areas where customary law prevails. Local government officials, who are often
responsible for implementing land-related policies, may lack the training or political will
to uphold women’s land rights, particularly when faced with opposition from powerful
community leaders or family members. Moreover, corruption within the land
administration system further undermines the enforcement of women’s land rights.
Women may face demands for bribes or other forms of exploitation when attempting to
register land or seek legal recourse in land disputes. These challenges are compounded
by the weak capacity of land tribunals and courts, which are often understaffed and
underfunded, leading to delays in the resolution of land disputes. The lack of enforcement
mechanisms for statutory protections, coupled with the dominance of customary law in
rural areas, means that many women are unable to fully exercise their land rights.
Without stronger enforcement of existing laws and greater support for women seeking
legal remedies, the gap between legal protections and the realities on the ground will
continue to widen.

f. Land Governance and Institutional Weaknesses

Page 38 of 47
The Researchers identified that complexity of Uganda’s land tenure system, compounded
by both statutory and customary laws, presents a significant governance challenge. The
institutions responsible for land administration and dispute resolution, such as the Uganda
Land Commission and the District Land Boards, often lack the capacity to manage land
issues effectively. This institutional weakness disproportionately affects women, who are
more vulnerable to exploitation, corruption, and delays in land related matters. Moreover,
these institutions tend to be male dominated, both in terms of staffing and decision
making processes, which perpetuates the exclusion of women from land governance
structures. Women’s limited representation in these institutions means that their concerns
and rights are often overlooked in policy formulation and implementation. Women’s
participation imbalances in land governance is still limited by social cultural barriers and
a lack of resources to support gender-sensitive land administration.

g. The Gender Inequality in Land Ownership.

The Researchers identified that women’s access to land is closely tied to their social
economic status, as land ownership in Uganda is often a determinant of wealth, power,
and security. Women who lack secure land rights face a higher risk of poverty, food
insecurity, and dependence on male relatives or spouses. Additionally, women’s
exclusion from land ownership perpetuates gender inequality more broadly, limiting their
ability to participate in decision-making processes at both the household and community
levels81. The lack of economic independence hinders women’s access to financial
services, such as credit, as land is often used as collateral for loans. Consequently,
women are less able to invest in agriculture or other income generating activities,
reinforcing the cycle of poverty.

h. Discriminatory Customary Practices.

The Researchers identified that customary law, which governs approximately 80% of
land in Uganda, is largely patriarchal and often conflicts with statutory protections meant
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to uphold women’s rights. Under customary tenure, land ownership is predominantly
passed through male lineage, perpetrating the notion that men are the natural custodians
of land82. As a result, women are often excluded from inheriting land, particularly when
customary norms favor male heirs. One of the most significant discriminatory practices in
Uganda is the principle of male primogeniture, which gives the eldest male child
preferential inheritance rights over female children 83. This practice stems from cultural
beliefs that men are the rightful stewards of family land, tasked with protecting the
lineage. Women, on the other hand, are seen as temporary members of their families who,
upon marriage, belong to their husband’s family and thus have no claim to their natal
family’s land. A typical example of how customary law affects women’s land rights is
seen in the case of Olivia Nalwadda v Mukasa84, In this case, a widow sought to inherit
her late husband’s land, but the husband’s relatives challenged her claim, arguing that
customary law dictated that the land should pass to a male heir. The court, while
acknowledging the widow’s legal right to a portion of her husband’s estate under the
Succession Act, struggled to reconcile statutory law with customary norms, highlighting
the tension between the two legal systems. While the Constitution and the Land Act
provide statutory protections for women, these laws are often undermined by the
resilience of customary practices, particularly in rural areas where formal legal systems
are less accessible85. Therefore, Women’s land rights in Uganda are heavily influenced by
the local application of customary law, which often discriminates against women,
particularly in matters of inheritance and land transfer.

i. Conflict between Statutory and Customary Law.

The coexistence of statutory and customary law in Uganda presents a significant

challenge to the realization of women’s land rights. While statutory law, including the
Constitution and the Land Act, provides clear protections for women, customary law
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often conflicts with these provisions, particularly in rural areas where customary norms
govern land ownership and inheritance. One of the major issues in this dual legal system
is the principle of male primogeniture under customary law, which grants inheritance
rights to male heirs while excluding women. This directly contradicts the gender equality
provisions of the Constitution and the Land Act, which guarantee women’s equal rights
to own and inherit property. However, in practice, customary law continues to dominate
in many communities, with local leaders and clan councils often enforcing traditional
norms over statutory law. This conflict is evident in the inconsistent application of laws
related to women’s land rights, particularly in cases involving inheritance. For example,
while the Succession Act provides for the distribution of a deceased person’s estate
among surviving family members, including women, customary practices often prioritize
male heirs. As a result, women ended up being denied their rightful inheritance under
statutory law, with little recourse to legal remedies due to the dominance of customary
norms.

The Ugandan judiciary has been tasked with balancing these competing legal systems,
but the courts’ approach has been inconsistent. While some judges have taken a
progressive stance in upholding women’s statutory rights, others have deferred to
customary law, particularly in cases where local customs are deeply entrenched 86. This
legal uncertainty creates a significant barrier for women seeking to assert their land rights
and underscores the need for clearer legal guidelines on the relationship between
statutory and customary law.

Conclusion

This chapter presented the introduction of the chapter, the areas where women’s rights to
land in Uganda has been enforced, the challenges which are limiting awareness,
enforcement and applicability of women’s rights to land in Uganda and the conclusion.

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The Researchers also delved into the gaps, and inconsistencies in the legal framework
that hinder the protection of women rights to land in Uganda as well as hindrance of
gender in equality in terms of access, ownership and use of land and the conclusion.

CHAPTER FIVE

RECOMMENDATIONS AND CONCLUSION

Introduction

This chapter presents recommendations on the identified challenges by the Researchers which
are limiting awareness, enforcement and applicability of women’s rights to land in Uganda and
the general conclusion of the study.

Recommendations

1. Increase women's participation in decision making processes related to land

governance.

The Researchers believe that this can curb the challenge of traditional norms and practices that
limit women's access to and control over land. When women have a voice in land related
decisions, they are better positioned to advocate for their rights and interests since most cultures
in Uganda do not involve women in decision making.

2. Provision of legal aid.

The Researchers recommend that provision of legal aid since most women face difficulties in
accessing justice because it is expensive, too technical and delays. Hence a need to establish
legal aid programs to enable women to demand enforcement of their rights. If this process is left
to individual women, they may find it nearly impossible to seek redress given the cost and other
complications associated with the judicial process in Uganda.

3. Capacity Building and Public Awareness Campaigns;

While legal reforms are crucial, they must be accompanied by efforts to raise awareness of
women’s land rights, both among women themselves and the broader public. Many women,

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particularly in rural areas, are unaware of their legal rights to own and inherit land. Public
education campaigns that focus on legal literacy, particularly in local languages, would empower
women to assert their rights and challenge discriminatory practices.

Capacity building programs are also needed for land administrators, local leaders, and law
enforcement officials to ensure that they are aware of and capable of enforcing women’s land
rights. These programs should include training on gender sensitive approaches to land
governance, as well as the importance of upholding statutory protections for women, even in
areas governed by customary law. Empowering women with the knowledge and resources to
assert their land rights effectively is crucial in overcoming these practical challenges in the
application of laws protecting women's land rights in Uganda.

4. Strengthening Access to Legal Remedies.

Ensuring that women have access to effective legal remedies is crucial for protecting their land
rights. This includes improving access to legal aid services, particularly in rural areas, where
women are most vulnerable to land-related injustices. Expanding the reach of legal aid
organizations, such as the Uganda Land Alliance and the Legal Aid Clinic, would provide
women with the resources and support they need to pursue justice. Additionally, the government
should work to reduce delays in the court system, particularly in land related cases. Establishing
specialized land courts or land tribunals with clear mandates to prioritize cases involving
women’s land rights would help to expedite the resolution of disputes. These courts should be
adequately funded and staffed to ensure that they can effectively manage their caseloads. Beyond
formal legal remedies, the government should also support the development of ADR
mechanisms, such as mediation and arbitration, which can provide more accessible and cost-
effective solutions to land disputes. However, it is important that these ADR mechanisms are
gender sensitive and do not reinforce discriminatory customary norms.

5. Institutional Framework for Implementation.

Uganda's laws contain provisions to protect women's land rights, but there is a gap in
implementation. Women reported utilizing existing cultural structures for initial land issue

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reporting, who later refer to the Local Council or Government in the event of contentious
matters.

6. Economic Empowerment Programs for Women.

Securing women’s land rights must be accompanied by broader efforts to economically empower
women. This includes providing women with access to credit, agricultural extension services,
and market opportunities. Ensuring that women can use land as collateral for loans would enable
them to invest in income-generating activities, such as agriculture or small businesses. Programs
that focus on improving women’s agricultural productivity, such as training in sustainable
farming techniques or access to improved seeds and inputs, would also help to enhance women’s
economic security. These programs should be tailored to the needs of women in different
regions, taking into account the specific challenges they face in accessing land and other
resources. In addition, the government should promote joint land titling and other measures that
recognize women’s contributions to marital property, ensuring that they have an equal share in
land ownership. This would not only secure women’s land rights but also promote gender
equality within the household and the broader community.

7. Community Engagement.

The Researchers recommend that it is important to dialogue with the cultural leaders on the need
for women to be granted land. This however, should also include other decision makers like
Members of Parliament and Local Councilors who make laws at various levels so that they see
the need to provide for women’s land rights in policy. Engaging with cultural leaders is crucial to
transform norms that hinder women's land rights. Women expressed that despite their presence
in decision-making roles, they have not seen tangible improvements in women's rights.

8. Policy, Information dissemination and awareness creation.

Many women are unaware of their land rights and how to assert them. There is need to introduce
public education and legal literacy campaigns related to women's rights to land. This should
involve the whole community so that they too learn about women’s rights and come to
appreciate the experiences of women in relation to access

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 9. Institutional/ Implementation framework.

There are many provisions in Uganda’s laws that protect women’s land rights. These need to be
fully implemented, and this implementation should be monitored. For this to succeed the
institutional structures, land bodies and courts should be fully constituted and well facilitated.

10. Legal Reform and Harmonization of Customary and Statutory Laws.

Researchers believes that one of the most pressing needs in addressing women’s land rights in
Uganda is the harmonization of customary and statutory laws. The legal reforms must ensure that
statutory protections for women’s land rights are prioritized and enforced, even in areas where
customary law is dominant. These reforms should include clear provisions that protect women’s
inheritance rights, even when such rights conflict with customary practices. The Land Act should
be further strengthened to include explicit protections for women in polygamous marriages and
ensuring that all wives have an equal share of marital property. Legal reforms should also
include provisions to enhance the role of women in land governance structures, such as requiring
a gender balance on District Land Boards and other land administration bodies. These changes
would ensure that women’s voices are heard in land-related decision-making processes,
promoting a more equitable approach to land administration.

11. Reducing on taxes.

The Researchers recommended that taxing authorities and the government should reduce on
taxes levied from the media platforms like televisions and radio stations to enable NGOs and
other organizations to afford programs to sensitize and educate women on the available land
rights to own land in Uganda. Many women lack awareness of their land rights and how to
exercise them. Public awareness campaigns and legal literacy programs o televisions is
recommended to empower women and educate the community on the importance of women's
land ownership.

Conclusion.

In conclusion therefore, the Researchers recommended possible remedies for the challenges that
limit or hinders awareness, implementation and applicability of women’s rights to land. This

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includes legal reforms that prioritize women’s rights over discriminatory customary practices,
public awareness campaigns to promote legal literacy, and efforts to strengthen access to justice
and economic empowerment for women among others. The Researchers believes that if these
recommendations are considered all these challenges of co-existence of statutory and customary
law, socio-cultural barriers, and weak enforcement mechanisms on women’s land rights in
Uganda as a contentious issue and complicated is to be addressed.

BIBLIOGRAPHY

Books & Journals

1. Fredrick Immanuel Kindi, 2010. "Challenges and Opportunities for Women’s Land
Rights in Post- Conflict Northern Uganda
2. John Duddington, Land Law 3rd Edition. 2010.
3. John T. Mugambwa, Principles of Land Law in Uganda 2002
4. Kabumbuli, R., Mubangizi, J., Kindi, F. and Ssebuliba, J. (2008) Land Ownership and
Food Security in Uganda: A Study of Land use and Control among Households of
Women Living in Four Districts, Washington, food and policy, research.
5. Modern land law by martin Dixon 2018
6. Mwesigye, F, and Matsumoto, T, 'The Effect of Population Pressure and Internal
Migration on Land Tenure and Land Use Rights in Uganda' (2016) 61 Land Use Policy.

Conventions & Treaties

1. African Convention on Human Rights

2. Charter of the United Nations
3. Convention on the Elimination of all forms of Discrimination against Women
4. European Convention on Human Rights
5. International Covenant on Civil and Political Rights
6. The International Covenant on Civil and Political Rights
7. The International Covenant on Economic Social and Cultural Rights.
8. Universal Declaration of Human Rights.

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Statutes

1. National Women’s Council Act 2005

2. The 1995 Constitution of the Republic of Uganda as amended.
3. The Divorce Act cap 249
4. The Land Act cap 236
5. The Registrations of Tittles Act. Cap 240
6. The Succession Act cap 268

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