1. Men, Marriage and Women’s Land Rights
Josephine Ahikire
SWGS/CHUSS

2. Acknowledgements Sida support to Makerere University
The PI and research team at MAK Social Sciences
My research team:
Dr. Amon A. Mwiine (PhD Stellenbosch)
Ms. Harriet Pamara (graduate, PD Iceland
Ms. Jovah Katushabe (MA Gender Studies)

3. Struggle for community land in Amuru

4. Desperate measures!!! resistance

5. So what are Women’s land rights
When we talk about rights there are two kinds:
1. the right to exclude others- registered with a paper
2. The right to be included- inherent right as a citizen, by virtue of being human

6. What are those concerns that are unique to women
The inherent dilemma of customary tenure where rights are allocated and sanctioned following the customs of a given community.
Increasing individualisation of land
Men’s abuse of power- in the name of custom
Limited dec. making & right to fruits of labour on land
Poor land governance
Women’s limited agency- the difficulty to translate the letter on property rights
Land more of a private matter- need to be made a public issue

7. What does the Law say? “Land belongs to citizens
provides that land belongs to the people, to the citizens of Uganda, vested in them in accordance with the land tenure systems provided for in the Constitution (Art. 237). These are: Mailo, customary, leasehold, and freehold.
Interests under customary can be registered – Certificate of Customary Ownership (What does this mean?)
The voice from the land boards- this is utter confusion!!
Customary tenure is a form of tenure applicable to a specific area of land…Freehold tenure involves the holding of registered land in perpetuity…Mailo tenure involves holding of land in perpetuity; permits the separation of ownership of land from the ownership of development on land made by a lawful or bona fide occupant.. Leasehold tenure is created through contract or operation of law (Land Act 1998).

8. Women focused Provisions in the Land Act 1998
Section 39 requires the prior written consent of both spouses in transactions involving family holdings, defined as land on which the family ordinarily resides and from which they derive sustenance.
Section 28 prohibits decisions affecting customary land that deny women access to ownership, occupation or use of any land, as well as decisions that impose conditions violating constitutional provisions protecting women.
The Act requires land management bodies and institutions to have female representation. The Uganda Land Commission must include at least one female among its five members, one-third of the membership of the District Land Boards must be female, and land committees at the parish level must have at least one female among their four members.
Under Section 17 (4) (b) at least one-third of the members of the Communal Land Management Association must be female. These are Associations which may be formed under the Land Act by any group of persons on any land for any purpose connected with communal land ownership and management of land.

9. So, does registration resolve the dilemma?
The answer from Rukiga is NO
The answer from Amuru is may be
The answer from Kayunga is – none of the above

10. Some nwoya residents display CCOs

11. Away from officialdom-

12. Where should we be facing?
More Dialogue on customary tenure and women’s land rights -Public social debate informed by the situations on the ground
Knowledge , Knowledge Knowledge – beyond generalisation – esp. what are the practices on the ground, how is customary tenure actualised? How are women using the existing rights- albeit a rather patriarchal template
Blind registration may cause more exclusion of women