Realising women’s property rights through the Kitawuluzi of Buganda : a case study of Busiro, Bulemeezi and Kyaggwe Counties

Abstract

This study delved into the realization of women’s property rights through traditional justice mechanisms, focusing on the kitawuluzi system within the context of Buganda, Uganda. Despite Uganda's ratification of international and regional instruments safeguarding women's rights, persistent discrimination and inequality between genders continue to manifest, particularly in the realm of property rights. The Uganda Social Institutions and Gender Index (SIGI) Report 2015 underscores this ongoing challenge, highlighting the prevalence of restrictions on women's property rights due to weak statutory and customary laws that often favor men. Consequently, many Ugandan women, particularly in rural areas, turn to traditional justice mechanisms seeking redress for property rights violations. However, traditional justice systems remain largely understudied and undervalued, partly due to perceptions of their incompatibility with the modern nation-state. Consequently, they are often overlooked or discouraged rather than strengthened or engaged with, limiting understanding of their role in human rights realization. This nine-month mini-ethnographic study aimed to address this gap by exploring the role of the kitawuluzi traditional justice system in advancing women’s property rights. Conducted in three randomly selected counties of Buganda—Busiro, Bulemeezi and Kyaggwe—the study employed various qualitative methods including life history profiles, focus group discussions, key informant interviews, observation, and document reviews. The findings revealed that traditional justice mechanisms, such as kitawuluzi, are significant actors in promoting and protecting women’s property rights. They share fundamental human rights principles and values akin to the Western notion of human rights. Therefore, the study recommended recognizing and leveraging the capacity of traditional justice mechanisms to address contemporary human rights challenges, particularly violations of women’s property rights. This acknowledgment can foster greater collaboration between traditional and statutory justice systems, ultimately enhancing access to justice and gender equality in Uganda.