customary land tenure

The main idea of blog should be that under customary land tenure people do not have desire to register their land officially. They usually register land in LC1 (Local Council 1) level which protects them in community level. Community and clan leaders are responsible for registration of land and even making laws and rules. They are wondering only about to protect their community land and often do not care about the land rights of women.

The blog title:The impact of the land registration under customary land tenure on women’s land rights in Uganda.

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Some general ideas which should be included in the blog:

Speech from representative of Uganda Association of Women Lawyers (FIDA), AnnetBada:

Under customary land tenure system land predominantly goes to male members of families.

The legal framework has some challenges. In case of divorce women cannot keep the land which they inherited because to register land in your name you have to provide evidence that you spent money to get land.

One of the greatest challenges is that women are uneducated in Uganda. Moreover, the economic and social situations in the country have affected a lot on women’s land rights.

In the land declaration you can find name of men only. Women have land rights only to use but not to sell it (AnnetBada, FIDA, personal communication, March 28, 2017).

 

Speech from representative of Kampala Capital City Authority (KCCA), Dr.RichardErumbo:

Land tenure system in Uganda is too complicated. Informal land transactions are very popular. Land goes from A to B, from B to C without letting know authorities.

Customary land tenure system causes informal land transactions as well. People register their land in Local Council 1 (LC1) which protects their property rights in community level. As the authority of head of community is apparent there is no need for local people to register land officially which is expensive and take long time. Head of community is responsible for providing and dividing community land and usually doesn’t appreciate giving land to females(Dr.RichardErumbo, KCCA, personal communication, March 28, 2017).

 

Speech from Prime Minister of Acholi, Ambrose Olara:

Traditionally, in Northern Uganda land owned by community. Under traditional and cultural rules a community leader is responsible for accessing of every member of community to land. However, there is a thin line between accessing and owning of land. As a community leader is responsible for all land of community mostly land divided for name of men. Women’s land rights protected by community till women remain a member of community. In case of death of men, women should decide to stay in or out of community. If she decided to go out of community she cannot pretend to land of community.

Land disputes mostly solved by mediation in community level. People have a choice to go to official court or to community mediators. Today, people prefer community mediation which is cheaper and faster. Court system can continued even for around 10 years. Official laws and rules do not work in Acholi. Community elders make laws and rules and everyone has to follow them and nobody worries about women’s rights especially in terms of land.

Documentation is not providing very well by national government in the region which is one of the problem of titling and registering of land. Moreover, registration process is very expensive and there is a high level of corruption (Ambrose Olara,personal communication, March 31, 2017).

Speech from the local farmer:

The farmer had to move to this area because of the lack of land in his place of birth. Initially he bought 2 hectare of land in 2007. Now he has a bit more land for farming. He bought lands form his neighbours for one cow or for some school items for neighbour’s’ children, some portion of land he got for free. All his lands are registered by LC1 which is for community level. The farmer said that he is in the process of registering his lands but the process is very long and expensive for the farmer. The process of registration has a few levels (village level, sub-county level, district level, national level) and he has to pay for each level separately from 300 000 to 1 000 000 Ugandan shillings. Consequently, buying land is cheaper than registering it(the local farmer, personal communication, April01, 2017).