1. Implementing Uganda’s National Land policy: Monitoring Performance with a Focus on Gender. A paper presented at the World Bank Conference on 25 TH March, 2015 By Naome Kabanda Head, National Land Policy Implementation Secretariat. Ministry of Lands, Housing and Urban Development Kampala- Uganda 1

2. STRUCTURE OF THE PAPER Situational analysis of women’s land rights in Uganda. Uganda’s National Land Policy Implementation Action Plan(IAP ): Indicators for tracking progress on Gender, Culture and Women’s Land Rights. Conclusion. 2

3. SITUATIONAL ANALYSIS OF WOMEN’S LAND RIGHTS IN UGANDA Uganda is an agricultural country, with agriculture contributing over 20% of the country's GDP. About 70 % of agricultural labor is provided by women, 86 % of registered land is owned by men and only 14 % is owned by women. Over 80% of land in Uganda is held under customary tenure and 95 % of landowners do not have land titles to guarantee their security of tenure. The majority of women are rural land rights- holders who have focused on land as their fundamental source of livelihood, and have not been able to look at alternative sources to enhance their well- being. 3

4. SITUATIONAL ANALYSIS OF WOMEN’S LAND RIGHTS IN UGANDA CONT’D Land held under customary tenure is usually subject to restrictions such as transfer outside the family and the clan. Women’s access and secure rights to land is highlighted as one of the priority areas in the implementation of the National Land Policy, if the country is to achieve economic growth and development as per the objectives of Vision 2040 and the NDP 2010-2015. The measures for enhancing women’s land rights are highlighted in the Implementation Action Plan To track progress, a number of indicators have been categorized into the following areas: Capacity Development and Training Research & Studies Legal and Regulatory Civic Education and Awareness. 4

5. Program AreasAction AreaActivityIndicator Lands Rights of Women and Children CAPACITY BUILDING AND TRAINING Guiding Principles : (a):Government shall by legislation, protect the right to inheritance and ownership of land for women and children; and (b)Government shall ensure that both men and women enjoy equal rights to land before marriage, in marriage, after marriage, and at succession without discrimination Family law,(Marriage and Divorce) Inheritance laws, Law on succession and Land laws on the rights of women and children are reformed and harmonized 1. 2. 3. Provide capacity to support the legitimate authority of customary leaders in upholding customary rules that respect and strengthen the land rights of women, children and other vulnerable groups. Put in place provisions on gender equity in the property ownership and inheritance. Put in place a programme to build capacity of women leaders in the land sector to defend the women land rights agenda. No. of trainings undertaken for customary leaders. No. of gender inclusive provisions in place. No. of sensitization workshops held for women to create awareness. No. of women trained in handling the women’s agenda. 4. Support the activities of the Equal Opportunities Commission to comply with the goals and objectives of the NLP as far as equal opportunities for women and children are concerned and to accept and implement gender actions called for in the NLP. No. of support programmes extended to EOC to comply with NLP. No. of opportunities offered to women in recruitment across all sectors. RESEARCH AND STUDIES 5. Review existing studies that have proposed the reform and harmonization of Family law, Inheritance laws, and Land laws under the Justice Law and Order sector. No. of studies reviewed. No. of laws reviewed and harmonized to comply with the gender provisions in the NLP. The table below Illustrates the programme of reforms for enhancing women’s Land rights, action areas, activities and indicators to be used in measuring progress. 5

6. Program AreasAction Area Activity Indicators 6. 7. Prepare a National Gender Strategy / Action Plan on land. Introduce gender budgeting initiatives in the land sector National Gender strategy on land in place. Guidelines on mainstreaming gender at various levels in place. No. of women benefiting from the interventions in the gender strategy. No. of women accessing institutions to enhance Women’s Land Rights. (WLRTS) Amount of resources budgeted, allocated, released and utilized on gender interventions in the land sector. 9. Study all relevant conventions and amend the relevant laws to domesticate all international conventions ratified by Government of Uganda that outlaw discrimination against women and children; subsequently enforce all the principles therein. No. of Conventions harmonized and domesticated in Government of Uganda laws. No. of laws with positive gender provisions in place. LEGAL AND REGULATORY REFORMS 10. 11. 12. Amend the Land Act to provide for co- ownership of family land by spouses and children below 18 years. Amend the Land Act and succession Act to provide for inheritance of land by both men, women and girls. Ensure women’s participation in the traditional land administration and dispute resolution institutions governing the administration of customary land A gender responsive Land Act amended and in place. Land Act and succession Act amended with the all inclusive gender provisions on succession and inheritance. No. of women and men appointed in the land administration and dispute resolution institutions No. of gender responsive decisions taken. No. of Traditional leaders trained on gender responsive interventions. 6

7. 13. Review and strengthen the Marriage & Divorce Bill to: (a) Design and implement a regime of matrimonial property law aimed at the protection of spouses; and (b) Make legal provision for joint or spousal co- ownership of family land and the matrimonial home. Note: 5 (a) and (b) above need to be fast tracked. Marriage and Divorce law in place. Gender provisions for joint ownership incorporated in the Marriage and Divorce law. No. of communities sensitization programmes on the new provisions undertaken 14. Amend the Land Act to restore the requirement of the consent clause for mortgaging family land. Land Act amended with provision on protection of spouses' and children below 18years. 15. 16. Amend Inheritance laws to ensure rules and procedures relating to succession do not impede transmission of land to women and children, specifically amending the Succession Act to provide for the right to succession and inheritance of family land by women and children. Carry out a regular gender audit to establish the strengths, weaknesses and opportunities of the status of women and men in the land sector. New inheritance law in place with positive provisions relating to succession to property by women and the girl child. Regular gender audits carried out. Recommendations implemented. 7

8. Land Rights of Women and children (cont’d) 16. Review and strengthen sections 27 and 39 of the Land Act to avoid violation and abuse of family land held in trust for the family by holding the head of family accountable in matters relating to his/her fiduciary duties over family land held in trust. Rules and regulations to Guide the Accountability of Heads of families in matters relating to family land in place, CIVIC EDUCATION AND AWARENESS 17. 18. Design a program for education and sensitization of the public on discrimination against women and children with respect to access, use, and ownership of land. Publish on a regular basis facts and figures on women and men in the land sector relating to ownership, dispute resolution. Evictions, decision making, income, budget and investments by women. No. of programs on education and sensitization against discrimination of women developed and implemented. No. of sensitization workshops on discrimination carried out Database established. A sector facts and figure handbook published 19. 20. Solicit the support of faith-based institutions and cultural leaders to accept and implement measures in the NLP designed to protect the rights of women and children. Dispute Resolution and complaints handling. No. of meetings held with Faith Based Organizations and Cultural leaders held. No. of disputes resolved and complaints handled for women. No. of women in dispute resolution institutions. No. of women accessing dispute resolution institutions. 8

9. CONCLUSION In conclusion, I wish to state that the indicators intended to measure women’s land rights will be both- rule-based indicators in order to assess whether the proposed institutions are not only in place, but are associated with good governance and outcome-based indicators to measure the extent to which women, men and children as users find these public services easy to access and how responsive these institutions are to their needs. 9