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The land governance architecture and securing women's land rights in Uganda
Thesis (LLD)--University of Pretoria, 2024.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2025
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| _version_ | 1867613704841854976 |
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| access_status_str | Open Access |
| author2 | Killander, Magnus |
| author_browse | Killander, Magnus |
| author_facet | Killander, Magnus |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (LLD)--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/101117 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:40:23.116Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/101117 The land governance architecture and securing women's land rights in Uganda Killander, Magnus skitui@gmail.com Nakayi, Rose Kitui, Barbara UCTD Sustainable Development Goals (SDGs) Women Culture Land Governance Rights Thesis (LLD)--University of Pretoria, 2024. This thesis examines the land governance architecture in a bid to secure women’s land rights in Uganda. It specifically scrutinises parliament, the judiciary and implementing institutions of the executive arm of government within the context of land governance. The thesis first reflects on the historical and socio-legal context relating to women’s land rights in Uganda. An analysis is made of precolonial, colonial and postcolonial societal perspectives on women and land in Uganda. It reviews global, regional, sub regional and domestic legislation in relation to women’s land rights. It also engages on the women movement post 1986. This lays the foundation for an assessment of the opportunities that may be harnessed through subsidiary legislation to secure women’s land rights in Uganda. The study analyses Uganda’s land governance architecture to unearth whether special attention is given to engendering processes related to securing women’s land rights. The study assumes that the state wields a lot of power and can conclusively resolve most land governance concerns to strengthen women’s land rights in Uganda. It assesses the statutory and non-statutory entities and evolving concerns. It then reflects on the emerging opportunities to galvanise women’s land rights in Uganda. This thesis analyses the impact of customs and cultures on women’s land rights in Uganda. It reflects on the paradoxical nature of cultures and customs. Deliberation is made on legal pluralism and its influence on women’s land rights. The thesis discusses selected spheres of influence cultures and customs manifest comprising marriage, divorce, succession and refugees and the extent to which they deliver on women’s land rights. Subsequently, the study introduces a theoretical perspective of lifting or piercing the cultural veil as an equitable remedy and the procedure for lifting the cultural veil to address negative customs and cultures to protect women’s land rights. Lifting the veil entails administrative, adjudicative and self-test procedures. Administratively the veil can be lifted within the respective government ministries departments and agencies by a concerned party, an aggrieved party or the respective government entity. The adjudicative procedure is through the ordinary courts of law. Additionally, the veil can be lifted through a self-test phone assessment e-justice solution to enable parties assess their complexity in relation to cultures or customs and the law. Finally, the thesis concludes with recommendations on how the land governance architecture, customs and legislation can be used to secure women’s land rights in Uganda. More specifically as regards legislation, it suggests that subsidiary legislation is harnessed by including an explicit co-ownership provision within the landforms and smoothening the intersection between customary law and formal laws so that the entire society is safeguarded. Regarding the land governance architecture, it is proposed that non-statutorily established entities are disbanded and harmonised within the statutorily established institutions to deliver on the mandate. The study also recommends that cultural institutions are on boarded as pivotal entities in addressing land rights gaps for women especially where customs and formal laws clash. It also recommends government to release sufficient funds so that institutions can implement their mandate and uphold women’s land rights. Lastly, regarding customs and cultures, it is the proposition of this study that customary laws and formal laws are integrated and interconnected to arrive at human rights-based centred land law solutions within the various government entities. It is also proposed that women’s voices are amplified through creating avenues to influence policy and legislation so that negative cultures and customs are eroded. University of Pretoria, Social and Economic Rights Associates and Law and Society Associates Centre for Human Rights Doctor Legum (LLD) Unrestricted Faculty of Laws SDG-05: Gender equality 2025-02-21T07:57:01Z 2025-02-21T07:57:01Z 2025-05 2024-12-18 Dissertation Barbara Kitui serves at the Governance and Security Programme Secretariat (formerly Justice Law and Order Sector Secretariat). She was educated at Makerere University where she obtained the Bachelor of Laws Degree (upper second), Law Development Centre - the Diploma in Legal Practice, and the University of Pretoria- where she obtained the LLM in Human Rights and Democratisation in Africa. Her areas of specialisation are governance, access to justice, and public sector justice reform. M2025 http://hdl.handle.net/2263/101117 None en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sustainable Development Goals (SDGs) Women Culture Land Governance Rights The land governance architecture and securing women's land rights in Uganda |
| title | The land governance architecture and securing women's land rights in Uganda |
| title_full | The land governance architecture and securing women's land rights in Uganda |
| title_fullStr | The land governance architecture and securing women's land rights in Uganda |
| title_full_unstemmed | The land governance architecture and securing women's land rights in Uganda |
| title_short | The land governance architecture and securing women's land rights in Uganda |
| title_sort | land governance architecture and securing women s land rights in uganda |
| topic | UCTD Sustainable Development Goals (SDGs) Women Culture Land Governance Rights |
| url | http://hdl.handle.net/2263/101117 |