1

Half Full or Half Empty Glass

Decentralisation and Women’s Land Rights in Uganda

Josephine AhikireWomen & Gender Studies

Makerere University&

Centre for Basic ResearchKampalaUganda

Context

The Land Act 1998 Women’s movement struggle over land (the lost co-ownership clause)

Section 40: consent clause - protection of family land/restrictions on the transfer of land by family members

Section 57: Decentralisation of land services- establishment of district land boards, mandate of LC courts, role of district land office

3

DEC. & LAND RIGHTS ADMINISTRATION SYSTEM

District Land Office

District Land Office

Area Land Committee

Area Land Committee

LCIII CourtLCII Court

LC I

LCIII CourtLCII Court

LC I

Ministry of Lands

Ministry of Lands

District Land Board

District Land Board

Clan

Family

Magistrates Court

The Implications: Findings

Unclear impact of decentralisation on land rights generally- However some preliminary observations:

Land registrationsome women registered land in own names. Land owned by women has gone up from 7% in the early 1990s to 16% in the current period- but tiny minority in terms of all women

Dispute resolution –

slow but steady Increase in women seeking redress with a mix of within the customary realm and LC courts But women said to often stop at low lower levels- clan & LC2Those who can afford and have ‘proper papers’ can go to the magistrate’s court (only a few urban elite can do this

5

The half full glass

The LC court system represents an opening, a vent, utilised or not utilised

Increasing claims of land access Judgements of LC courts utilise a blend of

know ledges, formal statutory law, custom and norms- this may have the potential to recreate and document positive customary norms and practices that were otherwise being dumped in the ‘cold room’. The increased documentation may resurrect gender fair values into normalcy

6

Half full Glass…

LCs are accessible Use of familiar language Not legalistic All kinds of evidence possible No need to be represented by a

lawyerNB this is not a blanket….next slide!

7

Half empty… the story of Mary Achola

8

Half Empty Namugga… (nt. real name

9

Nampijja (nt real name)Expanse of family land but not allowed to cultivate

10

Policy Implications ctd

Elaborate more and enforce section 40 (consent clause)

Unpack customary tenure Institute safety measures for

women in land disputes

11

12

Nampijja: Cabbage growing in face of restrictions on family land

13

The Contradictions

LCs may be too close for comfortThe lowest village chairpersons have been

implicated in land fraud and they connive with rich & powerful

The next level of LC2 is accused of being compromised, women intimidated as defendants and witnesses

The third level is known to be relatively impartial, But in some cases all LCs not trusted at all –

increasing role of the RDCs office in land matters RDCs office though a symbol of power not well

equipped

14

Implications

Opening in rights claiming- but which is paradoxically clogged

More individualised women’s agency as opposed to collective agency on land rights

Women’s land rights easily trampled upon in the maze of unclear channels of accountability

15

Recommendations from the field

Eliminate LC1 level from land matters Increase land service oriented

organisation Make the system more clear and

responsive Social mobilisation - Sensitize on

women’s land rights Work to increase women in key leadership

positions at local level

16

Policy Implications

Firmly institutionalise local land services Review the structure and put in place clear and known mechanisms for land services delivery

Harmonise land adjudication- with a proper policy on remuneration and fees to restore confidence

Upgrade land knowledge services- as of now the knowledge is highly fractured

Revisit the District Land Office to deal with irregularities