IS MORE LESS? ENHANCING
WOMEN’S ACCESS TO JUSTICE
IN UGANDA
ROSE NAKAYI
FACULTY OF LAW
MAKERERE UNIVERSITY
PAPER PRESENTED AT THE WOMEN’S LAND
RIGHTS CONFERENCE, SPEKE RESORT
MUNYONYO, OCTOBER 4-6TH 2010.
INTRODUCTION
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
Mapping the “MORE”; the post 1986 era.
 The growth of the women’s movement.
 Participation in the Constitution making process
and Land Act.
 Participation in politics.
 Good provisions in the Land Act Cap 227.
 A number of land justice institutions - BUT
 The “LESS” is glaringly visible.
 Land justice remains elusive in practical terms;
the problem of implementation.
 Yet women’s survival is so attached to land.
PAPER OVER VIEW
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This paper does the following:
1. Un packs the key concepts; justice and women.
2. Conceptualizes the predicament of women’s
access to land justice.
3. Analysis the impediments to access to justice.
4. The land justice institutions.
5. Makes recommendations.
JUSTICE
 No single definition.
 Attributes: fairness
and impartiality.
 “Justice is not a
cloistered virtue. It a
tree under whose
spreading branches
whoever seeks shelter
should find it.”
(Newbold .p. Musa and
others v. Republic)
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Some issues:
 Should justice mean the
same in all cases?
(conflict situations and
peaceful societies?
 Is the language of
justice congruent with
the role of traditional
institutions (Clan
Courts)?
 Ultimately, Justice
should be accessible &
Achievable (Newbold.
P.)

JUSTICE CONT’D.
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LAND
JUSTICE
FORMAL JUSTICE
INSTITUTIONS
WOMEN
Access
TRADITIONAL
INSTITIONS & LOCAL
COUNCILS?
SECURE LAND RIGHTS IN
LAWS
WOMEN; A HOMOGENOUS CATEGORY?
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 Land justice needs of women differ:
Women in urban areas v. Rural women.
 Women in stable areas v. those in conflict or post conflict
settings.( smaller categories for post conflict women)
 Women on customary land v. those on freehold,
leasehold, mailo.
 Registered title holders, it matters how they acquired the
land.
 The literate woman v. the illiterate.
 A one-size -fits -all approach in search for solutions can’t
work, but well crafted approaches that target specific
categories.

CONCEPTUALIZING THE PREDICAMENT
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A. Predominance of customary land
 Progressive provisions in Constitution & Land Act
(Articles: 21 (1) – (3) on equality of men and women
in all spheres, 28 decisions that deny women rights
to land are null and void, 31(1)(b) equality at all
stages of marriage, Land Act Article 39).
 Written law is a trump card against bad customary
practices, BUT; wide gap between law and practice,
bad practices still continue unchecked.
 Poor perception of the traditional institutions:
insufficient state backup.
 Structural problem; colonial time polarization
between formal and informal law and institutions
shapes current perceptions.
THE PREDICAMENT CONT’D
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 Traditional Institutions v. formal institutions.
 Has neglect of customary law perpetrated land
injustices for women?
B. Capitalism Commercialization of Land
 Increased value of land, more need to sale,
increased demands for land justice for women.
 Preference for private rights; “replacement” v.
“adaptation” paradigms of the World Bank.
 The cost of justice.
IMPEDIMENTS TO WOMEN’S ACCESS TO LAND JUSTICE
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 Institutional operational deficiencies and



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
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inadequacies (small budgets, delayed funds, etc).
Insufficient knowledge about justice (illiteracy).
Non functional institutions: brilliant on paper.
Over legalization of justice in some instances.
poverty /insufficient resources.
Cynicism and hypocrisy on matters of women.
Delays ( “Justice is sweetest when it is freshest; it
becomes sour when delayed.” Justice Benjamin Odoki.
The justice institutions: Crisis or Confusion?
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 A variety of options (High court thru Supreme Court;

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
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magistrates and Local Council Courts(LCC), other
institutions like the Clan Courts ).
The good and evils of LCC.
District Land Tribunals.
Traditional authority and disputes over customary
land( s.88 Land Act; BUT, implementation dilemma,
s. 92 (6) L/A).
Magistrate courts mean time option where Land
Tribunals not yet in place (s.95 L/A).
INSTITUTIONS CONT’D.
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Many institutions, no information, forum
searching eternal, justice delayed.
 Structural crisis in need of correction, or mere
confusion requiring information?

MAKING THE “LESS” “MORE”
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 More information and training for women about



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access to justice.
Address underlying causes of inaccessibility
( poverty, illiteracy).
Tenure security and implementation of good
provisions.
Recognition of traditional institutions and
support.
From a confrontational to a dialogue strategy with
men in the justice delivery sector; target change of
perception and mind set, etc.
“LESS” TO “MORE” CONT’D.
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
National discussions about the future of
customary law, it’s position in the legal
system, relationship with statutory law etc.
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CONCLUSSION