customary law in uganda

Without children, women have no independent right to own land. Since 1995, traditional leaders have been reinstituted in Uganda’s Constitution: “Subject to the provisions of this Constitution, the institution of traditional leader or cultural leader may exist in any area of Uganda in accordance with the culture, customs and traditions or wishes and aspirations of the people to whom it applies” (10). Mailo tenure is land that was formally acquired under the 1900 Buganda Agreement. 28(1)(a)). An unmarried woman or girl who lives with her natal family can use access her family land. In accordance with the Constitution, there are four types of tenure: customary, freehold, leasehold, and mailo. It has been reported that the Local Council Courts routinely make gender-biased decisions, especially in marital property inheritance cases (3). 4 – 18. Traditionally, transactions in land were not permitted without sanction of the clan, however today, the clan is simply informed of a pending transaction and, in the event of a sale, the clan has the right of first refusal. Communal land is used as communal hunting grounds, but also includes forest and grazing areas. This means that the orphans must rely on the benevolence of their uncles and other family members to ensure their rights to their family land. She then has the responsibility of managing the land and allocating it to male children when they become adults and get married. Since clan influence is largely related to a perception of common land resources, camp life – where people live in make-shift huts in very close proximity to one another away from their land – impacted clan influence on daily life. In its application, customary law is often discriminatory in such areas as bride price, ZAMBIA L.J. Since its independence, Uganda … Sexual assault was common and the prevalence of HIVAIDs is high. Surely, it may be argued, a statutory "customary law" is a contradiction in terms? With freehold tenure the landholder is registered as the owner, and the title is absolute, in perpetuity. ... A customary heir is a person recognized by the rites and customs of the tribe or community of a deceased person as a customary heir. laws of Uganda. Under customary tenure, all land is traditionally regarded as clan land, and falls into three categories: (1) arable land, (2) communal clan land, and (3) unallocated or unused land. According … [11] Customary laws regarding land, family life and inheritance are extremely important because over 75 percent of Ugandan land is held under customary tenure systems. In other circumstances she would go the clan of the father of the child, since the child would be allocated land by that clan, but in this case the clan may be unknown or unsupportive. The lessee has exclusive possession of the land. With no land to cultivate, camp dwellers became idle and many developed significant problems of alcohol abuse. If the child of the unmarried girl is from a rebel soldier she may face serious opposition to any support from her birth family. Next in line are the deceased person’s brothers, uncles and other extended male family members (11). Customary law still provides the basis for new laws in many modern societies. In addressing custom as a source of law within the civil law tradition, John Henry Merryman notes that, though the attention it is given in scholarly works is great, its importance is "slight and decreasing". The 1902 Order -In -Council formalized colonial rule in Uganda and was the fundamental law of the protectorate. If she does not choose one from the clan, she must return to her natal family and seek land from them. Second, few women know the law and the obligation that their consent be obtained before a transaction in land and thus the transactions take place without her consent. Although the law permits wives to inherit from their husbands, the law’s definition of a “wife” limits its application to those who are legally married according to the laws in Uganda. Buying Customary Land in Uganda If you are looking to buy land in Jinja, Busoga or anywhere in Uganda, and you have to purchase through customary tenure, this is done under the native law and custom of the people where the land is located basing on their customs. Also, as soon as a widow remarries, her occupancy rights to this property expire (11). Five types of marriages are recognized in Uganda: civil, Christian, Hindu, Muslim and customary. Under many customary marriage regimes, a husband may divorce his wife for not having a. African customary law: Geographically Uganda has fallen in African continent. Thus, as in much of Uganda, a woman or girl’s rights to property in Acholiland, is determined by her relationship to a male. Widow, abandoned woman, or separated/divorced girl. Also, as soon as a widow remarries, her occupancy rights to this property expire (11). Also, because husbands pay bride price, women are regarded as part of the man’s acquired property and cannot inherit land (thus the oft-cited Ugandan adage, “property cannot own property”). She continued on to explain that if customary law could form part of Uganda’s constitution, then so could customary international law. One or both parties to a land dispute may invite the traditional authorities to hear their matter. An abandoned wife cannot remarry without losing her rights to her first husband’s land. While recognizing the role of legislation in reform, it is argued that the courts … In her opinion, “The matter may only require a repugnancy test to establish it in Uganda’s jurisprudence, a test which in my opinion is not a very difficult one,” she said. Customary law is, by definition, intrinsic to the life and custom of indigenous peoples and local communities. Customary tenure systems that guaranteed women a certain level of tenure: customary, freehold, customary law in uganda, and prevalence. Modifi- cations or representations of the land Act of 1903 or under the mailo,! Does not sell, trade, or customs that discriminate against women sell... S inheritance rights in the Uganda living law Journal, Uganda practices both customary and therefore legally. Their consent is only required for the right to use all persons listed above ). Shared equally customary law is in all cases a son, most often the eldest girl may be by... 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