8- Statutory Law, Patriarchy and Inheritance: Home ownership among Widows in Uganda
African Sociological Review,
Vol. 13 No. 1 (2009): African Sociological Review
Abstract
This paper discusses the ways in which urban widows in Uganda are deprived of home ownership upon the death of their husbands. It is based on a qualitative research conducted in the middle-income areas of Kampala between 2004 and 2007. The results show that the institutional legal framework and the patriarchal customary practices and beliefs deprive widows of home ownership notwithstanding the gender sensitive Constitution. The study also shows that the special ways in which widows are able to inherit the matrimonial home upon the death of their husbands demonstrate the difficulty widows face to become home owners.
Keywords
Download Citation
Endnote/Zotero/Mendeley (RIS)BibTeX
- Asiimwe, J., 2005 One Step Forward, Two Steps Back: The Women’s Movement and Law Reform in Uganda from 1985-2000, in J.
- (ed.) voices of African Women: Women’s Rights in Ghana, Uganda, and Tanzania, Durham: Carolina Academic Press.
- Asiimwe, F., 2006 Gender Dynamics and Home ownership in Kampala Trapped by laws: A sociological perspective, The Social Sciences 12, pp.144-148, Medwell Online Casimiro, I, Andrade, X, Temba, E., Espling, M., 1996 Women and Law in Southern Africa Research project: Right to Succession and inheritance, Mozambique, Department of Women and Gender Studies, Centre of African Studies, Eduardo Mondlane University, Maputo Constitution of the Republic of Uganda 1995 Kampala: LDC Publishers Printing Press.
- Deere, D. and Doss, C., 2006 The Gender Asset Gap: What do we know and why does it matter? Feminist Economics, 12, 1-50.
- Dengu-Zvogbo, K., Donzwa, B., Gwaunza, E., Kazembe, J., Ncube, W., Stewart, J., 1995 inheritance in zimbabwe: Law, customs and practice, Harare: Women and Law in Southern Africa Research Trust (WLSA) SAPES Trust Farha, L 1998 Is there a Woman in the House? Women and the right to adequate housing A Resource Guide to Women’s international Human Rights, Geneva: Transnational Publishers Guyer, J.,1987, Women and the State in Africa: Marriage Law, Inheritance, and Resettlement, Working papers in African Studies, No.129, African.
- Gwaunza, E., Nzira, T., Dengu-Zvobgo, Donzwa, B, Kazembe, J., Ncube, W., Stewart, J., 1995 Widowhood, inheritance Laws, customs & practices in Southern Africa, Harare: Women and Law in Southern Research Project.
- Harley, A, and Verbeek, C., 2005, A Place to Live, Women’s Inheritance Rights in Africa, Summary English Report, Centre of Adult Education, University of KwaZulu-Natal, Pietermaritzburg.Original Report prepared by Scholz, B., and Gomez, M, Centre on Housing Rights and Evictions (COHRE), Geneva, Switzerland.
- Kameri-Mbote, P., 2001 Gender Dimension of Law, Colonialism and Inheritance in East Africa: Kenyan.
- Women’s Experiences, Working paper 1 International Environmental Law Research Centre, Geneva.
- Kanabahita, D., 2006 Report on intestate Succession, Law and Advocacy for Women in Uganda Kampala.
- Kawamara, S., 2003 East African Legislative Assembly member’s Response to president yoweri Museveni’s view on the reform of the Domestic Relations Bill, April, 2003. Kampala: Uganda Women’s Network (UWONET), Kharono, E., 2003 Response to the president’s views on the Domestic Relations Bill, April 25, 2003, Kampala: Uganda Women’s Network, (UWONET), Larsson, A., and Schlyter, A., 1995, Changing Gender Contracts and Housing Conflicts, in Sithole-Fundire, S., Zhou, A., Larsson, A., Schlyter, A., (eds.), Gender Research on Urbanization, planning, Housing and Everyday Life, Harare: Zimbabwe Women’s Resource Centre and Network.
- LaShawn, R., 2005 Ugandan Bill Would Save Lives, Letter to the Speaker of the parliament of Uganda, June Miraftab, F., 2001 Risks and Opportunities in Gender Gaps to Access Shelter: A Platform for Intervention, international Journal of politics, culture and Society, 1,51, Mugisha, J., and Okumu-Wengi, J (eds.), 2001, Women and Law in East Africa, WLEA (U) Publications No.2, Kampala: LDC Publishing Printing Press.
- Munalula, M., 1995 Choice of Law: Theoretical Perspectives on Urbanization and Women’s Rights to Property In Gruphel phase One, Gender Research on Urbanization, planning, Housing and Everyday Life, Zimbabwe Women’s Resource Centre and Network, Harare Nabwire, S., 2003 The impact of Health User Fees on Women’s role in Household Health care Decision-Making in Mukono District, Uganda: A Gender ersity College, UK.
- Nanyenya, P., (ed.), 1973, A simple guide to the Law of Succession in Uganda, Introduction to Law
- Series No.3, Kampala: The Law Development Centre Narayan, D., Patel, R., Schafft K., Rademacher, A., and Koch-Schulte,S., 2000 voices of the poor: can anyone hear us? Oxford University Press, New York, 2000.
- Nkurunziza, E., 2004 informal Land Delivery processes and Access to Land for the poor in Kampala, DFID Contract No. SSR Project R8076, Working Paper 6.
- Okumu-Wengi, J., 1994 The law of succession in Uganda: women, inheritance laws, and practices:
- essays and cases. Kampala: Women and Law in East Africa.
- Okumu-Wengi, J., 2001 Women and The Law of Inheritance, In, Tuhaise, P., Matovu, V., Madrama, C., Mbaaga, F., Mugisha, J.,and Okumu- Wengi, J (eds.), Women and Law in East Africa, WLEA (U)
- Publications No.2, Kampala: LDC Publishing Printing Press.
- Owen, M., A World of Widows, 1996, London: Zed Books.
- Rukimirana, V.and Bateson, A., 2000 Laws of the Republic of Uganda vol. vii, Revised Edition.
- Sebina-Zziwa, A., 1998, The paradox of Tradition: Gender, Land and inheritance Rights Among the Baganda, PhD Thesis, Faculty of Social Sciences, University of Copenhagen Sithole-Fundire, S., Zhou, A., Larsson, A., Schlyter, A., (eds.), 1995 Gender Research on Urbanization, planning, Housing and Everyday Life, Harare: Zimbabwe Women’s Resource Centre and Network.
- Tiisetso Matere-Lieb, ‘ Basotho Women’s role in Urban Housing: The Case of Maseru’, In Gruphel, Phase One, Gender Research on Urbanization, Planning, Housing and Everyday Life, Zimbabwe Women’s Resource Centre & Network, Harare, 1995, pp.61-81.
- Wagubi, A., 2003 The Legal and institutional framework Governing inheritance in Uganda: A critique of the Law and institutions. Master of Law dissertation submitted, Makerere University White, S., Kamanga, D., Kachika, T., Chweza, A., Chidyaonga, F., (eds.), 2002, Dispossessing the Widow: Gender Based violence in Malawi, Blantyre: Association in Malawi (CLAIM).
References
Asiimwe, J., 2005 One Step Forward, Two Steps Back: The Women’s Movement and Law Reform in Uganda from 1985-2000, in J.
(ed.) voices of African Women: Women’s Rights in Ghana, Uganda, and Tanzania, Durham: Carolina Academic Press.
Asiimwe, F., 2006 Gender Dynamics and Home ownership in Kampala Trapped by laws: A sociological perspective, The Social Sciences 12, pp.144-148, Medwell Online Casimiro, I, Andrade, X, Temba, E., Espling, M., 1996 Women and Law in Southern Africa Research project: Right to Succession and inheritance, Mozambique, Department of Women and Gender Studies, Centre of African Studies, Eduardo Mondlane University, Maputo Constitution of the Republic of Uganda 1995 Kampala: LDC Publishers Printing Press.
Deere, D. and Doss, C., 2006 The Gender Asset Gap: What do we know and why does it matter? Feminist Economics, 12, 1-50.
Dengu-Zvogbo, K., Donzwa, B., Gwaunza, E., Kazembe, J., Ncube, W., Stewart, J., 1995 inheritance in zimbabwe: Law, customs and practice, Harare: Women and Law in Southern Africa Research Trust (WLSA) SAPES Trust Farha, L 1998 Is there a Woman in the House? Women and the right to adequate housing A Resource Guide to Women’s international Human Rights, Geneva: Transnational Publishers Guyer, J.,1987, Women and the State in Africa: Marriage Law, Inheritance, and Resettlement, Working papers in African Studies, No.129, African.
Gwaunza, E., Nzira, T., Dengu-Zvobgo, Donzwa, B, Kazembe, J., Ncube, W., Stewart, J., 1995 Widowhood, inheritance Laws, customs & practices in Southern Africa, Harare: Women and Law in Southern Research Project.
Harley, A, and Verbeek, C., 2005, A Place to Live, Women’s Inheritance Rights in Africa, Summary English Report, Centre of Adult Education, University of KwaZulu-Natal, Pietermaritzburg.Original Report prepared by Scholz, B., and Gomez, M, Centre on Housing Rights and Evictions (COHRE), Geneva, Switzerland.
Kameri-Mbote, P., 2001 Gender Dimension of Law, Colonialism and Inheritance in East Africa: Kenyan.
Women’s Experiences, Working paper 1 International Environmental Law Research Centre, Geneva.
Kanabahita, D., 2006 Report on intestate Succession, Law and Advocacy for Women in Uganda Kampala.
Kawamara, S., 2003 East African Legislative Assembly member’s Response to president yoweri Museveni’s view on the reform of the Domestic Relations Bill, April, 2003. Kampala: Uganda Women’s Network (UWONET), Kharono, E., 2003 Response to the president’s views on the Domestic Relations Bill, April 25, 2003, Kampala: Uganda Women’s Network, (UWONET), Larsson, A., and Schlyter, A., 1995, Changing Gender Contracts and Housing Conflicts, in Sithole-Fundire, S., Zhou, A., Larsson, A., Schlyter, A., (eds.), Gender Research on Urbanization, planning, Housing and Everyday Life, Harare: Zimbabwe Women’s Resource Centre and Network.
LaShawn, R., 2005 Ugandan Bill Would Save Lives, Letter to the Speaker of the parliament of Uganda, June Miraftab, F., 2001 Risks and Opportunities in Gender Gaps to Access Shelter: A Platform for Intervention, international Journal of politics, culture and Society, 1,51, Mugisha, J., and Okumu-Wengi, J (eds.), 2001, Women and Law in East Africa, WLEA (U) Publications No.2, Kampala: LDC Publishing Printing Press.
Munalula, M., 1995 Choice of Law: Theoretical Perspectives on Urbanization and Women’s Rights to Property In Gruphel phase One, Gender Research on Urbanization, planning, Housing and Everyday Life, Zimbabwe Women’s Resource Centre and Network, Harare Nabwire, S., 2003 The impact of Health User Fees on Women’s role in Household Health care Decision-Making in Mukono District, Uganda: A Gender ersity College, UK.
Nanyenya, P., (ed.), 1973, A simple guide to the Law of Succession in Uganda, Introduction to Law
Series No.3, Kampala: The Law Development Centre Narayan, D., Patel, R., Schafft K., Rademacher, A., and Koch-Schulte,S., 2000 voices of the poor: can anyone hear us? Oxford University Press, New York, 2000.
Nkurunziza, E., 2004 informal Land Delivery processes and Access to Land for the poor in Kampala, DFID Contract No. SSR Project R8076, Working Paper 6.
Okumu-Wengi, J., 1994 The law of succession in Uganda: women, inheritance laws, and practices:
essays and cases. Kampala: Women and Law in East Africa.
Okumu-Wengi, J., 2001 Women and The Law of Inheritance, In, Tuhaise, P., Matovu, V., Madrama, C., Mbaaga, F., Mugisha, J.,and Okumu- Wengi, J (eds.), Women and Law in East Africa, WLEA (U)
Publications No.2, Kampala: LDC Publishing Printing Press.
Owen, M., A World of Widows, 1996, London: Zed Books.
Rukimirana, V.and Bateson, A., 2000 Laws of the Republic of Uganda vol. vii, Revised Edition.
Sebina-Zziwa, A., 1998, The paradox of Tradition: Gender, Land and inheritance Rights Among the Baganda, PhD Thesis, Faculty of Social Sciences, University of Copenhagen Sithole-Fundire, S., Zhou, A., Larsson, A., Schlyter, A., (eds.), 1995 Gender Research on Urbanization, planning, Housing and Everyday Life, Harare: Zimbabwe Women’s Resource Centre and Network.
Tiisetso Matere-Lieb, ‘ Basotho Women’s role in Urban Housing: The Case of Maseru’, In Gruphel, Phase One, Gender Research on Urbanization, Planning, Housing and Everyday Life, Zimbabwe Women’s Resource Centre & Network, Harare, 1995, pp.61-81.
Wagubi, A., 2003 The Legal and institutional framework Governing inheritance in Uganda: A critique of the Law and institutions. Master of Law dissertation submitted, Makerere University White, S., Kamanga, D., Kachika, T., Chweza, A., Chidyaonga, F., (eds.), 2002, Dispossessing the Widow: Gender Based violence in Malawi, Blantyre: Association in Malawi (CLAIM).