Customary Law Women and Land Inheritance Rights

Serious Citizen; Women's Economic Empowerment -Poll 3

How can customary practices best be reformed to improve women's inheritance rights?

Male respondents
33%- There should be NO change
28%- Cultural leaders should be educated on the new national law on inheritance rights
25%- They should be reformed into clear written laws
14%- Customary practices regarding inheritance should be abolished
Female respondents
36%- They should be reformed into clear written laws
30%- Cultural leaders should be educated on the new national law on inheritance rights
20%- There should be NO change
14%-Customary practices regarding inheritance should be abolished

According to Article 26 of the 1995 constitution of Uganda, every person has the right to own property, either individually or in association with others. This means women can acquire and own land or any other property in their own right as well as with others. Despite the fact that the constitution regulates land ownership for both men and women, Ugandan women only own between 7 and 20% of the land. To address the existing gap and guarantee women's land ownership and inheritance, recently (April 2022), the president passed the Succession Amendment Act 2022, which provides for the rights of women to inherit the land and ensures equality in the distribution of property or estates. In essence, the Act gives women equal rights with men in inheriting the property of their parents or spouses.

Despite Ugandan laws supporting equal inheritance rights, cultural inheritance practices related to land benefit men. Patrilineal inheritance is the norm in most Ugandan cultural settings, and most women fail to enforce their rights to inheritance following the death of their husbands or parents if not explicitly stated in a will. Without changes in cultural practices, formal laws will not make significant changes in women's land ownership and access to capital..

 

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