Over 80% of the land
in Uganda is held under customary tenure and is regulated by customary law or the
local custom. In this framework,
land is passed on to children through inheritance and managed by the family
unit; traditionally through the male line from father to son. This patrilineal
tradition remains especially dominant in the rural areas of Uganda, and is
characterized by male control of decision-making about who will inherit and
manage the land. Usually the land management responsibility is passed on to members of the family through the actualization of events such as marriage (for boys), divorce (for wives who
return to their homes), death of husband (for widows), death of fathers (for
heirs), or death of brothers (for uncles managing the land of orphans). Although the same custom acknowledges that everyone who is born married into or accepted as a
member of a family has automatic land rights whether male or female, preference
for male over female heirs is dominant.
In most
parts of the lango sub region, land is passed from father to sons. A woman’s
right to land is guaranteed through her husband. If he dies, her children
inherit this land, but her rights as a widow are protected through her own
children, and through her late brother’s family. Traditionally, in Lira
District, one of her late husband’s brothers would provide a more formal
protection role for her place within the clan by giving her the status of his
wife; however, this practice is slowly dying out because of the fear of
spreading HIV/AIDS. Because the family’s land was customarily administered
through the clan system (giving rise to a widespread misconception that all
land is owned by the clan), it was the clan which protected the rights of
orphans. Clan elders ensured that friends and family heads in-charge of orphans
looked after them rather than exploiting them.
Unfortunately
for Lucy Amot of Abed ber village this was not the case. Following the death of
her husband in 2002, the
good relationship Amot’s family had with their neighbour Okello Cyprino ended
when he resorted to grabbing her land instead of protecting her. In-spite of
the deceased’s will stipulating that his land be given to the wife- Amot, Okello
Cyprino was determined to grab it from the poor widow. Cyprino reported the
case to Lira Court (case no. 30 of 2007) and Amot was summoned to appear; only
to be surprised at the judgement which was in favour of Okello Cyprino. Lucy was
later kicked out of her land.
While
listening to a radio talk show by an IDF grantee Guu Foundation Community Based Rehabilitation (GUFO) on Voice of
Lango FM about women rights to land and property, Amot felt a rush of relief
flowing through her. She couldn’t imagine there was still hope for her to
reclaim her land. Amot
later shared her ordeal with GUFO’s reflect volunteer in Ogur Sub County. GUFO
helped Amot to find a lawyer who submitted an appeal for review of the case.
Court sitting on 17th January 2014 heard the case and ruled in
Amot’s favour.
Okello
was defeated and forced to give Amot’s land back. Since then, Amot has become
an advocate for women rights to land and property in Ogur Sub County. She is
now processing a Certificate of Customary ownership. Her story and advocacy
work have changed the lives of many women in Lira. Amot sharing her experience with other
women during a meeting organized by GUFO.
With continued support to
Civil Society strategies that address women rights to land, IDF is certain to contribute
to enhancing access to redress mechanisms leading to consequent realization and
enjoyment of women rights by women in Uganda.
