CHAPTER ONE

INTRODUCTION

Background to the Study

Historically women’s access to land was based on status within the family and involved right of use, not ownership in Asia, the most prevalent barrier to acquiring real property is inheritance laws which favor male inheritance over female. If a woman inherits property, it is managed by her husband (Chigbu et al., 2019). Hindu women formally hold rights in property for life only; at death it reverts back to the male line. In Africa, custom rather than religious practice excludes women from ownership; property is held in a man’s name and passed patrilineal with the group. A widow’s right to remain on the land is not secure. In Latin America, discrimination results more from limited status under the law. Women, for example, may reach majority age at 21, but still be required to be represented by their husbands in all legal capacities (Doss et al., 2013).

Women’s land and property rights remain a challenge across the globe. In Africa, it is worsened by the social norms, beliefs and patriarchal attributes of land, legal attachment and recognition of land and property ownership rights (Birabwa-Nsubuga, 2016). Uganda’s policy and legal regime relating to access, ownership and control of land is adequate, yet this has not translated into an increment in women’s ownership. While over 70% of women are engaged in agriculture, less than 20% of them have control over their agricultural output, and nationally only approximately 17% of the women own land, mainly through purchase. The efforts have been marred by limited resource allocation, corruption, mismanagement of cases, land case backlog, and cultures compounded with unequal power (Kabahinda, 2017). Women’s rights to land are a fundamental structure necessary for the modernization of rural nations (Natuhwera, 2019).

In Africa, it is estimated that women own 1% of land but produce 80% of food for household consumption, Disparities also exist between women and men regarding the quality of agricultural land they have access to due to restrictive institutions, myths and beliefs surrounding land ownership, control and use. The land allocated to women is often exhausted fields, which limits their production and ability to expand (Senyomo, 2021). Gender disparities in access to inputs and extension services add to the problem many women farmers face. It is estimated that women could increase production by 20-30% if they had the same access to productive resources that their male counterparts do, With the current estimates that 798 million people globally are undernourished, it is important to work towards closing gender disparity because increasing women’s production and access to fertile land will contribute significantly to meeting the food needs of the present and future generations and improve the well-being of the poor (Mishra, & Sam, 2016).

It can also reinforce women’s role as pillars of food security in the family and household as in many societies they produce a great deal of food crops for domestic consumption. Additionally, it will secure women’s income which might be used to pay for health care and children’s education.

The Ugandan government’s unwillingness to include women as equals in the land law represents a direct conflict with its recognition of the importance that women play in household income generation from agriculture. The government asserts that to achieve sustainable development gender inequality must be addressed (The Uganda Gender Policy, 2017) and recognizes that the lack of ownership of land by women retards development and contributes to poverty (Latarria – Cornhieal, 2013).

In Busoga sub region generally and Iganga district specifically, gender relations are built on an ideology of a gender hierarchy, where the male is supreme and the woman is subordinate (Asiimwe, 2019). Men are regarded as the owners of the matrimonial land, it is normal for the matrimonial land to be registered solely in a husband’s name regardless whether the wife has contributed financially to the land. Hence it is not surprising for a married man to exclude his wife’s name from the title deed of the plot of land regardless of whether or not the wife contributed financially to the land.

As a result of the population increase, sub-division of land into fragmented sizes for additional family members further threatens women’s access to land (Grabe, Grose, & Dutt, 2015). The gradual expansion of the market economy also militates against women’s access to land in Africa. High value of land through commercialization and privatization in the market economy has made land a scarce commodity. In Uganda studies show that clan leaders and family heads hold on to land and protect it for commercial gains and are reluctant to allow women’s access to land (Tripp, 2014). Land tenure rights or policies do not guarantee women’s access to secure ownership or access to land in developing countries (Kaunza et al., 2016). In instances where laws and policies are changed to increase or promote equitable ownership and access to land among women and men, they tend to be inefficient and lack enforcement due to conflicting laws or traditional practices and customs (Balasubramanian et al., 2019).

Statement of the Problem

Access to land and other resources is imperative for creating economic benefits for women (Ellis et al. 2017). Women’s access to land improves their well-being, efficiency, parity, empowerment and if women hold rights and control over their land, what they produce is likely to reduce their threat of poverty to their families by increasing household incomes (Agarwal 2014).

The 1995 constitution of Uganda recognizes and upholds the rights of married women to have access to property, inherit a certain percentage of marital property when the husband dies and also have a right to own individual property. Under Article 40 of the constitution, it gives every person the right to own land anywhere in Uganda. In addition, Article 60(1) of Chapter V of the constitution makes elimination of gender discrimination and equitable access to land part of the new principles of land policy. The two Articles jointly create the pillar on which women’s rights to land are constitutionally upheld. Various constitutional acts such as marriage act, land act and succession act clearly spell out what is entitled to women.

However, the provisions in the Ugandan Constitution under various articles are not keenly upheld, customary laws, traditional values and multiple roles hamper the advancement of women in accessing land. Within their households, men decide the work that family members should perform and make marriage arrangements for their children as well as any others who come under their care and authority. It is therefore not clear how inheritance rights of women to land, women’s decision making power over land use and registration of land rights by women influence household income from agriculture. It’s against this background that the study will assess the impact of women’s access to land on household income from agriculture with a focus on Idudi Sub county Busoga Region

Specific objective

To examine how inheritance rights of women to land influence on household income from agriculture.
To examine the effect of women’s decision making power over land use on household income from agriculture.
To examine the effect of registration of land rights by women on household income from agriculture.

Conceptual Framework

Independent Variable Dependent Variable

Intervening variables

Source: Doss et al, (2013) and modified by the researcher, (2023)

The conceptualization of this study is based on the assumption that women’s access to land contributes to household income from agriculture. The independent variable is women’s access to land which is indicated by inheritance rights of women to land, percentage of women included on land titles, women’s decision making power over land use, awareness about women land rights, registration of land rights/ ownership documents by women and perception towards women land rights. The dependent variable is the household income from agriculture which is indicated by availability of credit, crop yield per unit land and labour efficiency.

METHODOLOGY

Study Design

The study will use descriptive survey design involving both quantitative and qualitative approaches. According to (Sandra, Siedlecki , 2020), descriptive research design is a type of research that is used to describe the characteristics of a population. It collects data that are used to answer a wide range of what, when, and how questions pertaining to a particular population or group. The descriptive survey helped to locate and obtain data for the study and describe issues such as how women access to land influences household income from agriculture. This is because descriptive study determines and reports the way things are and commonly involves assessing attitudes and opinions towards individuals, organizations and procedures.

Study site

The area of data collection will be conducted in Idudi Sub County. The sub county is located in Busoga sub region. It’s mainly occupied by Basoga as the dominant tribe. This area has been chosen because it has mainly two tenure systems that is free hold and customary land tenure system. It offers the best case scenario of comparing how those systems influence women in practicing farming for household incomes.

Sampling procedure

Sampling is the use of definite and defined procedure (s) in the selection of individuals from a total population for the purpose of obtaining from its descriptions, estimates in analysis of certain characteristics of the whole. Purposive sampling was used to select key informants particularly NGO staff, land officials, cultural leaders and local leaders. This method allows the researcher to select respondents relevant to the problem under investigation in order to provide in-depth information and knowledge of a phenomenon of interest.

Simple random sampling is a sampling method that allows for the randomization of sample selection, i.e., each sample has the same probability as other samples to be selected to serve as a representation of an entire population. The researcher will use random sampling technique to select households to participation in the study.

Methods of Data Collection

This study will use questionnaire and interview methods to collect data from the field.

Questionnaire

In carrying out the research, primary data will be used to collect data. This will be done using the questionnaire. Structured questionnaire will be administered to a sample of 63 households of Idudi Sub County. Methods will be specifically designed for that purpose, whereby the questionnaire has closed questions. This will enable the collection of ideas related to the research from the respondents. Respondents will be given time to complete questionnaires as the researcher will be back to collect them after the given response time is over.

Interview method

An interview method will be used by the researcher to interview the NGO staff, land officials, cultural leaders and local leaders during data collection. This is because it enables detailed oral interaction with a respondent with probing to collect as much details as possible. It also allows clarification of questions in case the respondent has not understood well.

Data Analysis

Quantitative and qualitative techniques will be used to analyze the data. After collecting the data, it will be analyzed, organized and presented through statistical techniques either frequency distribution tables or pie charts and measures of central tendency like the mean, mode; charts to present the analysis, also discussion with women will be presented as narrative to answer the main questions on inheritance to land, women’s decision making power over land use, and

Ethics

The researcher will get authorization letter from the Faculty of law MUK, before conducting any research. The researcher will seek respondents‟ consent before involving them in the research. This will include briefing the respondents about the research objectives and roles of the respondents and how they will be going to benefit from the research. By explaining to the respondents the objective of the study, the researcher will not force them to participate in any way but they are allowed individually to decide whether or not to participate in the study. The researcher will also assure the respondents about the degree of confidentiality in the information that will be gathered from them. Additionally, the names or identifications of the respondents will be kept anonymous by assignment of unique identifiers/codes on the questionnaires and information collected from them will be treated with utmost confidentiality. Moreover, the researcher will act honestly, fairly and respectfully to all other stakeholders that will be involved in this study. Not only that, the researcher will accurately attribute to the sources of information in an effort to celebrate the works of past scholars or researchers.

REFERENCES

Kaunza-Nu-Dem, M. K., Tijani, B., Millar, D., & Humphrey, A. (2016). The complexities of women land ownership in northern Ghana. Open Access Library Journal, 3(8), 1-8.

Grabe, S., Grose, R. G., & Dutt, A. (2015). Women’s land ownership and relationship power: A mixed methods approach to understanding structural inequities and violence against women. Psychology of Women Quarterly, 39(1), 7-19.

Balasubramanian, S. A., Kuppusamy, T., & Natarajan, T. (2019). Financial inclusion and land ownership status of women. International Journal of Development Issues, 18(1), 51-69.

Senyomo, A. (2021). Islamic and Buganda customary inheritance laws, their implications on Ugandan communities: a case study of Kawempe division (Doctoral dissertation, Kyambogo University).

Doss, C. R., Kovarik, C., Peterman, A., Quisumbing, A. R., & Van den Bold, M. (2013). Gender inequalities in ownership and control of land in Africa: Myths versus reality.

Kusiima, S. K., Egeru, A., Namaalwa, J., Byakagaba, P., Mfitumukiza, D., Mukwaya, P., … & Asiimwe, R. (2022). Interconnectedness of Ecosystem Services Potential with Land Use/Land Cover Change Dynamics in Western Uganda. Land, 11(11), 2056.

Mulinde, C., Majaliwa, J. G. M., Twinomuhangi, R., Mfitumukiza, D., Komutunga, E., Ampaire, E., … & Jassogne, L. (2019). Perceived climate risks and adaptation drivers in diverse coffee landscapes of Uganda. NJAS-Wageningen Journal of Life Sciences, 88, 31-44.

Doss, C., Kovarik, C., Peterman, A., Quisumbing, A., & Van Den Bold, M. (2015). Gender inequalities in ownership and control of land in Africa: myth and reality. Agricultural Economics, 46(3), 403-434.

Chigbu, U. E., Paradza, G., & Dachaga, W. (2019). Differentiations in women’s land tenure experiences: Implications for women’s land access and tenure security in sub-Saharan Africa. Land, 8(2), 22.

Kabahinda, J. (2017). Culture and women’s land rights on the ground in Uganda. Development in Practice, 27(6), 828-838.

Natuhwera, J. (2019). Rights of women to property, a case study of Isingiro district, Uganda (Doctoral dissertation, Kampala international University, School of Law).

Mishra, K., & Sam, A. G. (2016). Does women’s land ownership promote their empowerment? Empirical evidence from Nepal. World Development, 78, 360-371.