IV. Endnotes & Citations
This page will highlight a few areas for analysis.
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Endnotes & Citations
2 Ministry of Finance, Planning, and Economic Development, Population Secretariat website. Available at: http://www.popsec.org.
3 Forum for Women and Democracy (2012) Gender Policy Brief for Uganda’s Agriculture Sector, accessed at http://www.womankind.org.uk/wp-content/uploads/downloads/2013/06/FOWODE-Gender-policy-brief-for-Ugandas-Agriculture-sector.pdf; Tripp, A. (2004), “Women’s Movements, Customary Law, and Land Rights in Africa: The Case of Uganda,” 7(4) African Studies Quarterly. Available at: http://asq.africa.ufl.edu/previous-issues/volume-7/issue-4/.
8 Mailo tenure is a quasi-freehold tenure system established in 1900 by the British colonial government to reward colonial agents and remains a relatively secure system of tenure, particularly in the Central region. The Land Act 1998 treats mailo almost identically to freehold tenure, except that mailo tenants cannot use their rights to the detriment of customary tenants, bona fide or lawful occupants on that land (UN-Habitat (2007) A Guide to Property Law in Uganda, United Nations Human Settlements Programme: Nairobi).
11 The Land (Amendment) Act (2001) (Uganda). This amendment made minor changes to section 98 to allow an extended time limit for courts to dispose of land disputes pending before them prior to the entry into force of the 1998 act.
12 The Land (Amendment) Act (2004) (Uganda). This amendment introduced extensive changes to certain provisions of the Land Act (1998). Where relevant to this legal analysis, these changes are referenced in footnotes. The 2004 amendment changed, repealed, or added the following sections: 1, 3-9, 14, 28, 30-34, 37-41, 52, 57, 59, 63, 64, 68, 74-87, 89, 91, 93, 95, miscellaneous amendments, and amendments to the Registration of Titles Act (1924).
13 The Land (Amendment) Act (2010) (Uganda). This amendment introduced extensive changes to certain provisions of the Land Act (1998). Where relevant to this legal analysis, these changes are referenced in footnotes. The 2010 amendment changed, repealed, or added the following sections: 31, 32A, 35, 59, and 92.
16 Asiimwe, J. (2001), "Making Women's Land Rights a Reality in Uganda: Advocacy for Co-Ownership by Spouses," 4(1) Yale Human Rights and Development Journal Article 8. Available at: http://digitalcommons.law.yale.edu/yhrdlj/vol4/iss1/8.
18 Id., sec. 1.2.3, p.7; sec. 3.8, paras. 112 & 113, p.31; Sec. 4.2, para. 122, p.33; Sec. 4.9, p.41. Section 4.9 is the major section confronting discrimination toward women in Ugandan land and succession law.
19 Registration of Titles Act 1924, sec. 9. Article 237(4)(a) of the Constitution provides all customary rights holder with the right to obtain a Certificate of Customary Ownership. Procedures for the issuance of such certificates for communal, individual, and family applicants are provided in the Land Act 1998, section 27. See also UN-Habitat, supra note 8, at 15.
21 Various laws apply to each type of marriage. These include: The Marriage Act 1904 (Cap. 211, Laws of Uganda); the Divorce Act 1904 (Cap. 249, Laws of Uganda). The Hindu Marriage and Divorce Act 1961 (Cap. 250, Laws of Uganda); the Marriage and Divorce of Mohammedans Act 1906 (Cap. 252, Laws of Uganda) governing all marriages and divorces between Muslims. The Customary Marriages (Cap. 248, Laws of Uganda) Act of 1973 recognizes customary marriage as a legal type of marriage, including polygamous marriages, and establishes a uniform system of registration of customary marriages.
22 FIDH (2012), "Women’s rights in Uganda: gaps between policy and practice," available at http://www.fidh.org/IMG/pdf/uganda582afinal.pdf.
23 The Land (Amendment) Act (2004)(Uganda). Section 38A.
24 Id. section 38A(3).
25 Law Advocacy for Women in Uganda vs. Attorney General of Uganda, Constitutional Petitions Nos. 13 /05 /& 05 /06,  UGCC 1, April 4, 2007. Available at http://www.law.georgetown.edu/rossrights/docs/cases/lawa.html
26 Succession (Amendment) Decree 22/72, sec. 28.; see also Asiimwe, J. and O. Crankshaw (2011), "The impact of customary laws on inheritance: A case study of widows in Urban Uganda," 3(1) Journal of Law and Conflict Resolution 7-13.
29 Asiimwe, supra note 27 at 4.
32 Bennett et al, supra note 30.
34 Asiimwe, supra note 16.
37 In Uganda, it is customary for the family of the prospective husband to provide payment to the family of the prospective wife, or “bride price.” In one study, bride price was commonly cited by individuals as the reason why women should not have property interests when married. (Giovarelli supra note 15).
39 UN Habitat, supra note 8 at 33.
40 Land Act 1998 section 3.
42 Adoko and Levine, supra note 38.
43 Id. In fact, some view this move towards privatization of customary tenure as a chief aim of the Land Act, which has been criticized as being hostile to customary tenure. However, section 39 of the National Land Policy deals with these criticisms directly, and lays out recommendations for strengthening customary tenure.
46 UN-Habitat, supra note 8 at 40.