Just like men, women have right to own land

Since time immemorial, women’s rights to land and property have been undermined. It is just recently that government and civil society organisations have upped the fight for women’s rights to own land and inherit property legally.
Property rights include the legal right to acquire, own, sell and transfer property, collect and keep rents, keep one’s wages, make contracts and bring lawsuits. Historically, a woman’s property has often, but not always, been under the control of her father, brother or, if she was married, her husband.

In an article published in the Daily Monitor of January 8, John Mugabo opined that “women and men in Uganda do not have equal rights to land and there is no consensus on whether women should own, access and control land or not. This is because effective laws protecting land, inheritance and property rights of women, including the widowed, divorced, separated or those in cohabitation are missing”.

I agree with Mr Mugabo about the missing laws. Article 26 of the Constitution guarantees the right of every person to own property either individually or in association with others. This somehow means that just like men, women have the right to own property. However, he law does not specify enforcement or implementation mechanisms to ensure that this is adhered to. The same article does not protect a woman’s interest in case of divorce or separation since it confirms a husband’s right to own property already registered in his name.

There have been attempts by the government to address some of these historical and cultural injustices through legislation. However, it has been met with resistance by some people. For instance, government mooted the “Marriage and Divorce Bill of 2017”, which sought to address the issue of property ownership in a home in the event of death or separation whether married or co-habiting.

Interestingly, in Buganda and many indigenous cultural settings, women have always had access to land because they always take a leading role in food production in a home. However, this did not guarantee ownership since we live in a patriarchal society. But in Buganda, it is now common and culturally okay for women to own and inherit property.

The progressive approach to women’s property (land) ownership in Buganda Kingdom can be traced as far back as the 1900 Buganda Agreement, where the Namasole and princesses were allocated land legally. We have seen many women register for and receive lease titles through the Kyapa Mu Ngalo campaign (a mass land titling campaign run by the Buganda Land Board. This is aimed at strengthening security of tenure for tenants on Kabaka’s land). Even upon the completion of the aforesaid campaign, women continue to legally get lease titles.

I believe this is a step in the right direction that should be adopted by all stakeholders. A recent research conducted by Kawempe Home-Based Care Alliance (KHBCA) and Slum Women Initiative for Development (SWID) and other organisations sought to champion the adoption of Gender Evaluation Criteria (GEC) and profile other methods by people to enhance the democratisation of land.

The centre of attention was the Kyapa mu Ngalo campaign and its effectiveness in promoting gender equality in accessing land. More than 600 community members from Kawempe Division in Kampala participated - 234 males and 342 females. At least 68 per cent recipients agreed that men and women have equal rights in accessing land services on Kabaka’s land; all respondents agreed that the process of attaining a lease title on Kabaka’s land is non-discriminative and is intended for all irrespective of gender.

And this can be evidenced in the number of women receiving lease titles on Kabaka’s land. During the recent title give-away ceremony by Buganda Land Board on February 1, more than 30 per cent of the lease titles were given to women. This shows the growing trend in property ownership in Buganda, more women a owning and securing their tenancy.
While the government has a duty to protect women’s rights to own property, individuals, organisations and cultural leaders also have a role to play. All stakeholders should positively stand up for women’s rights to own property.

We call upon all women to obtain legal documents for their rightful property. There is no way one will be able to defend your rights if you do not have legal documents. Married women are also encouraged to take interest in marital property. If your husband is buying a property, be there as a witness or include your name as a co-owner. This will make your legal claim easy to defend.

Mr Mulindwa is a market research and sensitisation officer at Buganda Land Board.