The need to tackle gender issues in land and property rights is now widely recognized in the debates for land reform. The question of gender and land rights is a very sensitive one particularly so because it involves relinquishing powers and privileges by the holders of those rights to those who do not possesses these rights. In our political set-up and social organization, the power holders are at the same time the policy makers. This is further compounded by the fact that the majority of the citizens (particularly women) are blind to the tools of oppression that subvert undesirable policies in their favor.
As IDP camps closed, people headed out to find new places of stay, some resettled in new locations while others returned to where they had been displaced from. The resettled found themselves confronted with the challenge of accessing land for production while the returned found themselves with land that had various caveats. Both categories aimed to have secure tenure to the land they accessed, which should have guaranteed personal development plans, which in turn should have guided production activities in a manner that would have led to incomes that at the very least should have been sufficient to sustain their households. Using panel data collected in 2012, 2013 and 2014 this paper interrogates which group along with a control was better placed to reap the fruits of secure tenure. The paper concludes that tenure arrangements that are individual and more formal even within customary tenure are more efficiency-oriented.
Uganda has a rich legal and regulatory environment hailed for its outstanding recognition of women’s rights. Policy and legal frameworks for redressing gender imbalances, harmonizing and streamlining the complex tenure regimes for equitable access to land and security of tenure exist. However, the presence of such impressive frameworks on the gender equality has not curtailed gender disparities. Even though Uganda’s economy has been steadily growing in the past 25 years and significant reduction in poverty has been recorded, over 7 million Ugandans are still trapped in chronic poverty. This report is compiled on the basis of review of literature, the professional experience of authors from more than 12 years of working in the land sector in Uganda. Information was also gathered through key informant interviews with selected civil society actors, government officials and opinions leaders on land matters in Uganda. Extensive discussions were held with team of lawyers that petitioned the Constitutional Court on the Succession Act from Law Uganda. Focus group discussions were carried out in Gulu and Apac and in central region district of Kiboga. Unless otherwise stated, all information in this report is the view and opinion of the authors.
In this paper, the context within which the National Land Policy ascribes to tackle gender issues and specially provide for entrenchment, opportunity and strengthening of women’s land rights is analyzed. In the first part acknowledgement of influencing context conditions that refine gender issues are detailed these include; the nature of women’s rights, position of women given their transient rights, the consequences of gender inequality on land and the effect of dispute resolution on land matters. The economic efficiency and equity theory together with the human rights discourse have provided a firm foundation for negotiating and demanding for women’s rights in national policy, which has either had to make choice between options or promote concurrent ideologies to accommodate evidence based demands to tackle two key issues; access to land and control of land (including its outputs) through adaptation of tenure and legal dualism, making a choice between representation, participant or professionalism in land management and purchase or inheritance under customary or registered tenure. This paper concludes by outlining key implications of gender for PSIA data collection and ex-post analysis, as well as implications for systematic demarcation projects.
This presentation reviewed, discussed and pointed issues relating to land tenure and their relevance to policy and legal reform in Uganda. The fundamental argument on land tenure in this report was that pastoral production was determined by land use patterns which in turn determined whether the herders are mobile or not; elaborated under four major issues: Land is a factor that is not controlled by pastoralist; since no system of land tenure recognizes pastoral rights; existing land law does not recognize or understand pastoral tenure, Changes that stifle pastoral rights in land originate from the external; no political will to deal with pastoral land tenure issues, since they are a minority; Plans to grant pastoral land rights seemed to be in inertia and gender issue ought to be tackled.
Property rights evolve over time depending on economic and political factors; property rights regimes have to adjust in relation to potential impacts (negative and positive) on growth, poverty reduction, social peace and good governance. The question of Property Rights is a very sensitive one particularly so because it involves relinquishing powers and privileges for the holders. In our political set-up and social organization, the power holders are at the same time the policy makers. This is further compounded by the fact that the majority of the citizens (particularly women) are blind to the tools of oppression to subvert undesirable policies in their favour. Some of these tools are the ideology that; land belongs to men or that land belongs to the clan. Another is that women have access to land through marriage. In Uganda, the women’s struggle for gender balance with particular regard to land, is a direct
result of the fact that, whereas women have played the central role in agriculture and food production, history, tradition and customs (such as polygamy, bride wealth and the limitation of the practice of women succeeding to property in their homes of birth) have deprived them of actual ownership of land. The transfer of land is limited to either out right purchase or inheritance; women have been deprived from either of these options and have thus turned to legislation and policy as the most viable option. In spite of the fact that there is no explicit policy or legislation barring women from owning property.
Land reform has in the last decades taken centre stage in the agenda of East, Central and South African Countries. The reasons behind this are basically social, economic and political and include among others: the need to right historical wrongs as the case with Zimbabwe, Uganda, Eritrea and South Africa, the need to rationalise distortions in land relations particularly as regards, tenure and distribution as the case with Kenya, Uganda , Malawi and Mozambique, the need to resolve internal conflicts arising from inefficiencies within the, existing tenure relations-Tanzania, Swaziland, Lesotho and Uganda, the desire to “modernise” indigenous tenure as a means of stimulating agrarian, development such as Swaziland, Kenya and South Africa. The process of land reform across the regions had been carried out either by use of bureaucratic mechanisms through drafts, discussions and publication of sessional or white papers followed by drafted legislations or by the use of more radical procedures involving comprehensive inquiry and public discussion at all stages of reform process. The outcomes of either processes however, tend to be broadly similar even through the level of concreteness sometimes do vary, this often involves: formulation of statements of national policy, Translation of national policy statements into legislative programmes, actual enactment of the basis land legislations which may be accompanied by complementary series of instruments