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Women still struggle to own property

This attitude is deeply embedded in the psyche of many communities in Uganda. With this attitude, the girl child is even disadvantaged in inheritance, education and other. Even with liberal parents, a girl child may not be prepared and considered for inheritance in the same way a boy child is.

Kamuli Kutesa Abwooli. (Courtesy)
By: Admin ., Journalist @New Vision

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OPINION

By Kamuli Kutesa Abwooli

In most communities in rural Uganda, property ownership by women is still uncommon. Whereas a word like nakyeyombekedde characterises a woman who owns property, it has negative feel to it. In most communities, people frown at a nakyeyombekedde.

This feeds into a socio-cultural attitude where a woman cannot get involved in any land matter (whether as a buyer, witness or seller). This speaks to a general tendency and attitude among Ugandan communities regarding property ownership by women.

This attitude is deeply embedded in the psyche of many communities in Uganda. With this attitude, the girl child is even disadvantaged in inheritance, education and other. Even with liberal parents, a girl child may not be prepared and considered for inheritance in the same way a boy child is.

Needless to say, a man without a boy child will feel incomplete and is likely to seek a boy child of his brothers than trusting his girl child with total inheritance. Yet, the law is clear: there is no gender considerations in matters related to property ownership.

However, while Uganda’s Constitution and the Land Act legally guarantee gender equality and prohibit discrimination, women own less than 20% of the land despite making up over 70% of the agricultural workforce. This massive gap between legal rights and the reality on the ground is driven by deeply entrenched social, cultural and structural barriers.

The challenge of property ownership by women in Uganda does not lie in the lack of protective laws. Rather, it lies in the gap between the failure in implementing the laws and the traditional cultural and customary attitudes. The reality on the ground is that these customary attitudes, practices and economic limitations tend to override legal protections.

In spite of provisions in the Constitution and legislative frameworks, property ownership by women in Uganda is still facing challenges. Some of the obstacles to property ownership by women in Uganda run deeper. For instance, most land in Uganda is held under customary tenure (where patriarchal norms dictate that land belongs to men).

Under customary land tenure, the reality on the ground is that land is generally supposed to be passed down from fathers to sons to keep it within the clan. Because daughters are expected to be married away, they are not supposed to inherit what is viewed as ancestral land.

Although the law protects women in many aspects, including property ownership, informal customary courts still handle the majority of rural land disputes. Needless to say, these systems are dominated by men and tend to favour traditional practices over laws.

As the Minister of State for Gender and Culture, I find myself in an office where I can contribute to the general effort towards changing the status quo. This article is one of those small contributions.

The message in this article is that at least we know where the problem lies. How can the public participate in processes that make it easier for women to own property with as limited encumbrance as possible?

As someone in the privileged position of state minister, I drive policy and legislation. But what should be the public’s contribution in this? My answer is simple: we need a mindset change regarding issues surrounding the girl child (from childhood to adulthood).

And the only way to achieve this mindset change is by engaging the public. For me, this office offers an opportunity to make my humble contribution towards the cause.

The writer is the Minister of State for Gender and Culture

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