The Land rights in Uganda
Land Rights in Uganda:
The Constitution of the Republic of Uganda was adopted in 1995 and is the supreme law and has binding force on all authorities and persons throughout Uganda. It contains one chapter which provides extensive protection of human rights, including: the right to equality and freedom from discrimination; protection from deprivation of property (article26 ); right to privacy of person, home and other property (article27); right to a fair and public hearing; freedom of movement and assembly; right to marry and ‘equal rights in marriage, during marriage and at its dissolution’; and a right to just and fair treatment in administrative decisions. All of these rights, which are in line with international human rights standards, have a potential bearing on land rights.
Chapter IV of the Constitution also provides for ‘affirmative action in favor of groups marginalized on the basis of gender, age, disability or any other reason created by history, tradition or custom, for the purpose of redressing imbalances which exist against them.’ Article 32 states that ‘Women shall be accorded full and equal dignity of the person with men. Women shall have the right to equal treatment with men and that right shall include equal opportunities in political, economic and social activities. Laws, cultures, customs or traditions which are against the dignity, welfare or interest of women or which undermine their status are prohibited. Article 33 guarantees children’s rights and states that: ‘the law shall accord special protection to orphans and other vulnerable children.
The land act also provides for protection of women rights
- If your husband wants to sell, lease, exchange, transfer or mortgage land on which you live, you must personally give your permission in writing to the Land Committee
- If you have your own land, and your husband lives there, your husband must also consent to a sale, lease, exchange, transfer or mortgage of the land.
- You may lodge an objection (called a caveat) on the certificate of title or on the certificate of customary ownership as a way of telling the public to consent to transactions of land.
The law does not allow for women to be discriminated against in decisions relating to land. Any decision taken on customary land which denies a women ownership, occupation or use of land is illegal. There are systems in place to provide for appeals inn any courts of law in case she is aggrieved by a decision on land.