Assessing the effects of compulsory land acquisition projects on women's land rights in Uganda

Abstract

Article 237(1) of the Constitution (Constitution of Uganda, 1995) states that land belongs to the citizens of Uganda and Article 26(1) protects the right to own property either individually or in association with others for instance groups of people who hold land communally. Article 33 pertains specifically to the rights of women and requires that (1) the government must provide opportunities to enhance the welfare of women and enable them to reach their full potential, and (2) women have rights equal to men in areas including political, economic, and social activities. Compulsory land acquisition projects in Uganda in the recent years have emerged as a matter of critical concern, significantly impacting several women's land rights. Deininger et al., (2018) found that Uganda's land tenure systems often perpetuate gender inequalities, leaving women particularly vulnerable to the adverse effects of compulsory land acquisition. Ghebru & Holden, (2019) highlighted the intricate connection between poverty, gender disparities, and the heightened risk of women losing their land rights when faced with compulsory acquisition. Socio economic factors in most instances play a central role in exacerbating women's vulnerability to land dispossession. Therefore, there is an urgent need to examine the socio-economic dimensions of this issue, by prioritizing the importance of inclusive policies that consider the unique challenges faced by women in the context of land ownership especially in Uganda. In their study, Daley et al., (2017) contribute significantly to the discourse by emphasizing the critical role of government policies and institutions in either protecting or compromising women's land rights. They argued for a closer examination of the regulatory environment to ascertain the effectiveness of current measures in safeguarding women's land tenure. This underscores the significance of understanding the broader institutional context within which compulsory land acquisition projects unfold. Efforts to address these challenges posed by compulsory land acquisition projects have been documented in the Voluntary Guidelines on the Responsible Governance of Tenure (VGGTs) (FAO, 2022). However, a study by Doss et al., (2014) reveals that there are limitations in these initiatives, particularly in their lack of a gender sensitive approach. This calls for a comprehensive analysis into the gender dimension within land acquisition projects, emphasizing the need for policies that explicitly consider and protect women's rights. Land dispossession not only impacts women's rights but also has broader implications for their economic empowerment. (Deininger et al., 2018), show the economic consequences of compulsory land acquisition, its 2 potential to disrupt women's livelihoods and it perpetuates cycles of poverty. Understanding these economic dimensions is crucial for crafting interventions that not only protect land rights but also contribute to the sustainable economic empowerment of women. The nexus between gender, land rights, and poverty is cardinal in achieving Sustainable Development Goals (SDGs), particularly Goal 5 (Gender Equality) and Goal 1 (No Poverty). This aligns with these global commitments, emphasizes targeted policy reforms and community interventions, to foster gender-equitable land ownership and the empowering women.