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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
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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
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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
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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!
10
Policy Implications ctd
Elaborate more and enforce section 40 (consent clause)
Unpack customary tenure Institute safety measures for
women in land disputes
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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
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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
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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
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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