Year: 2022
Type: dissertation
Abstract: The thesis analysed the Ugandan policy and legal framework on women's land rights vis-à-vis the regional and international legal and policy framework, to identify the gaps, progress and the way forward.Four objectives were framed in handling the research problem.First, there was an analysis of the regional and international legal framework on the rights of women to land.Secondly, the study examined and analysed the legal framework on the women's land rights in Uganda.The third objective was the analysis of women's land rights in East Africa.The study also reviewed the nexus between women's land rights and financial inclusion.Lastly, the study proposed policy and strategic reforms for advancement of the rights of women to land in Uganda.The thesis was structured into six chapters.Chapter 1 laid down the background and context of the study, the problem statement, aims and objectives of the study and the significance of the study.The research methodology was also highlighted and so were the limitations of the study.Chapter 2 discusses the regional and international legal and policy framework on women's rights to land.Chapter 3 has an analysis of the legal framework on women's land rights in Uganda.Chapter 4 discusses the link between women's land rights and financial inclusion.Chapter 5 narrowed the discussion to women's land rights in the East African region with particular focus on Kenya and Tanzania.In Chapter 6, there is a summary of the findings and recommendations.Doctrinal research involving the analysis of both primary and secondary data were used in this research.A summary of the findings is presented for every chapter.The study noted that Uganda has made progressive constitutional, legislative and judicial processes in the advancement of women's land rights.The reforms are, however, time and again stifled by long-standing discriminatory cultures, customs, practices and pieces of legislation that continue to restrict women from owning or inheriting land.Cultural practices and norms continue to override formal law in Uganda.Succession and inheritance of family or marital land is heavily influenced by a patriarchal culture that favours male lineage.In conclusion, the study recommended the domestication of the MAPUTO Protocol that provides for women's right to inherit in equitable shares the parent's properties as men.There is also need for a complete overhaul of the legal system in Uganda on women's land rights.This should be coupled with the building of a functional institutional framework for addressing women's land rights.There is so urgent need for enactment of a law that defines what constitutes matrimonial property and the formulae to apply in the sharing of the matrimonial property at the dissolution of the marriage.There should be serious awareness campaigns against women discrimination in land matters and other areas. List of Acronyms.
Author: Byaruhanga, Moses G.
Language: English
Topic: Land Rights and Reforms
Subfield: Soil Science
Domain: Life Sciences
Open Access status: green
Funder: African Union
OpenAlex ID: W7213685210