Women in Uganda have the vote, the pill, and education, but for the main factor of production, land, they are at a minimal 28% according to a 2021 document: Ministry for Lands Women’s Land Rights Agenda.

Note that legislation for women to access land in Uganda is for celebration. From the Constitution to the Land Act and, now, the recently assented Succession Act.

The Constitution calls for gender balance and equality of all persons. But it also calls for affirmative action for women to address some imbalance.

However, the stories of widows being thrown out of their matrimony homes after the death of a husband or conflict where to bury the departed are always fodder in our national dailies.

The worst reported scenarios are matrimony homes where all family members have contributed to the development, but one partner usually the husband sells or uses the home as collateral without the knowledge of the other.

Land is a fundamentally important resource, the basis of income, sustenance, and identity. Agriculture dominates the economy and accounts for 80% of export earnings and an estimated 80% of employment nationwide. Approximately 87% of Uganda’s estimated 41 million people reside in rural areas, 85% of whom are involved in subsistence agriculture.

Nationwide, 90% of all rural women work in agriculture, produce an estimated 80% of food crops, and contribute 90% of all labour for food production.

Relatedly, Prof. Andersson Djurfeldt Agnes, in a study of Gendered land rights, legal reform, and social norms in the context of land fragmentation, found little headway in achieving gender parity in land access. The professor did a review of the literature for Uganda Kenya, and Rwanda for Lund University, Sweden in 2020.

Her research questions included finding out whether gender-based discrimination exists in the land tenure system and land-use practices in these countries. She also wanted to see if so, what role do formal and informal legal mechanisms and social norms respectively play in upholding this discrimination.

Her finding especially praises the legal and administrations steps in Uganda citing the Land Act and certificates on customary land in empowering women

However, she highlights the disconnect between the introduced legal land provision and the discriminatory cultural practices and norms on the ground that are mainly patriarchal.  Hence the 2004 Land Act amendment and incorporation of the Spousal consent clause.

The Spousal consent clause

The clause puts restrictions on the transfer of family land. A spouse can lodge a caveat on the certificate of title, certificate of occupancy, or certificate of customary land, and as such it requires the spouse's consent as long as the marriage exists.

Dennis Obbo, the spokesperson at the land Ministry, says where women have been exploited, it was because they didn’t know the law or failed to access legal services.

“Otherwise, restrictions must be followed, or else, the transfer will be challenged,” Obbo says

And indeed, transfers have been challenged, and courts have ruled in favour of those who petitioned.

Getrude Katatumba is one beneficiary. Her case with her husband Katatumba, a well-known property dealer, was well covered by the media. Her late husband had dealings with a property mogul. Then claims for forgery and betrayal led from one case to another. But it is in one case, one property, Hotel Diplomat which was also the matrimony home that the consent clause comes into play.

The clause of consent is one of the main grounds why the judge ruled in the favour of Getrude Katatumba.

“It was crucial,” she said when called by Women’s voice. This is in line with goal 5 of the SDGs which has a target on increasing women’s access to land.

Angella Katatumba, a daughter, adds a voice calling it the most important legislation benefiting the women in Uganda.

Her misgiving is that women are still in the backseat, with many not knowing their husband’s business

“Be part of your man’s development,” she says adding that for her mother’s case the property was clearly registered 50/50 father’s and mother’s name hence the benefit from the consent clause.

She calls for empowerment through education citing her father’s motivation to educate all children regardless of gender.

“It is through education that they will know about such legislation,” she says.

Richard Masereje, a lawyer and valuer with extensive knowledge on land and property issues urges that the consent clause agrees with the proponents of the clause arguing that it is a good piece of legislation in ensuring land equity though advises parties to do their due diligence if it is to benefit

“It serves a good intention. I have had clients saved by it, but I have as well had to deal with fraudsters trying to use the same clause,” he says.

He talks of a client who benefited from the proceeds after the selling of their matrimonial homes after he provided that she was the legitimate spouse and not the one the husband had taken to the bank.

He adds that the recently assented Succession Act is better as it gives clarity, especially in the sharing mode.

He, however, calls for more sensitization about the provision advising Ministry of Land to work with that of Gender to the better system

He says the definition of matrimony needs to be well defined.

“It is ambiguous,” he says.

Dr. Rose Nakanyi, a law don at Makerere University, also weighs in and gives some praise to the consent provision. He says it has helped some women, especially those aware of it; the elite and people in urban areas.

However, like Masereje she warns of its inefficiencies in defining what is family property.

“Its limitation in scope to cover everything the spouse has contributed,” she argues.

She also warns of limping all women in one group as there are rural women depending on subsistence agriculture, urban poor, and women like her who have a steady income.

Her proposition is that each group can be empowered to access land differently; either by encouraging rural women groupings where they can benefit through marketing and finance

“Land is scarce and not everyone is going to own one, but what is important is access,” she argues. “Explaining that regulation of access is important.”

Johnson Karemani, the judiciary’s public relations officer, says though good, the consent clause has been abused by some people.

In the first instance, there are cases where people have fronted other people because their actual wives will not approve of the move.

He argues of other instances where a person requests for a loan, gets it using the matrimonial home as security, then connive with the wife that she did not consent.

“Find out to whom he is actually married to before buying,” he advises  

Obbo says the provision of consent also serves the rural people through their customary titles.

He says the Ministry has so far issued 40,000 customary land titles in the districts of Karamoja, Kasese, and Buliisa. Women must be a third of the members and must consent for any transfer.

He says customary land can be converted into freehold ownership by registration through the Commissioner, Land Registration.

Here, it should be noted that about 80% of the land in Uganda is customarily owned.

“Customary land is held according to the customs of the people,” says, Nakanyi

The Women’s Land Rights Agenda 2021 paper suggests ways how to increase land parity. It talks about fast-tracking legislation like the recently assented Succession Act, community awareness to the benefit of equity in land access, increased budget allocation to the land sector, the strengthening of both formal and informal justice systems.

It adds on scaling up land documentation like in the case with customary land registration, training of local councils on land matters, and entrepreneur skills training for women for financial independence.

This reporting was supported by the International Women’s Media Foundation‘s Gender Justice Reporting Initiative.