The Application of Succession The Application of Succession Law in the Realization of Law in the Realization of Women’s Land Rights in Women’s Land Rights in

UgandaUganda

bybySsonko Nabacwa Mary (PhD Ssonko Nabacwa Mary (PhD

Development Studies)Development Studies)

Outline of the presentation Outline of the presentation BackgroundBackground Objectives of the studyObjectives of the study The Office of the AGThe Office of the AG

Establishment Establishment MandatesMandatesProcedures Procedures

Approach to the studyApproach to the study Findings Findings Conclusion Conclusion

BackgroundBackground Inheritance is one of the main means of Inheritance is one of the main means of

land acquisition in Ugandaland acquisition in Uganda

Statutory laws are perceived to protect Statutory laws are perceived to protect women’s inheritance and property women’s inheritance and property rightsrights

Cap 162 of the laws of Uganda relates Cap 162 of the laws of Uganda relates to successionto succession Sections of the succession Act that were Sections of the succession Act that were

deemed unfair to women were repealed in deemed unfair to women were repealed in 20072007

Cap 157 of the laws of Uganda provides Cap 157 of the laws of Uganda provides for the administration of estates of for the administration of estates of deceased persons by the AGOdeceased persons by the AGO

Background Cont….Background Cont….

Three years ago, a study was done Three years ago, a study was done to establish whether women’s to establish whether women’s inheritance rights particularly in inheritance rights particularly in relation to land were protected by relation to land were protected by one of the institutions mandated to one of the institutions mandated to do so– the OAGdo so– the OAG

This office was enacted in 1933, it This office was enacted in 1933, it constitutes one of the departments constitutes one of the departments in the Ministry of Justice in the Ministry of Justice

This law has never been reviewedThis law has never been reviewed

Objectives of the studyObjectives of the study

To evaluate the effectiveness of To evaluate the effectiveness of statutory laws and practices of the AG statutory laws and practices of the AG office in relation to women’s property office in relation to women’s property rightsrights

Ascertaining the volume and number Ascertaining the volume and number of received and concluded cases by of received and concluded cases by the office of the Administrator General the office of the Administrator General during the period 1986 – 2005during the period 1986 – 2005

Objectives Cont…Objectives Cont…

Establishing proportions of Establishing proportions of immovable property particularly land immovable property particularly land awarded to women compared to awarded to women compared to their male counterparts by AG officetheir male counterparts by AG office

Document the practices of this office Document the practices of this office in the execution of its dutiesin the execution of its duties

Mandates of the AGOMandates of the AGO It is closely intertwined with the It is closely intertwined with the

Estates Trusts and Succession Laws Estates Trusts and Succession Laws (Caps 154-165), particularly the SA (Caps 154-165), particularly the SA (Cap 162) as well as (Cap 162) as well as Marriage and Marriage and Divorce LawsDivorce Laws

The office facilitates the The office facilitates the management of a deceased person’s management of a deceased person’s immovable (immovable (land, & buildings) land, & buildings) and and movable properties movable properties

ProceduresProcedures The AG Office assumes power to The AG Office assumes power to

administer a deceased’s’ estate administer a deceased’s’ estate under 6 major circumstances: under 6 major circumstances: when the deceased has left a will when the deceased has left a will

appointing the office to administer appointing the office to administer his/her estatehis/her estate

when the deceased makes a will and when the deceased makes a will and omits to appoint an executoromits to appoint an executor

when the persons named as when the persons named as executors in the will die before the executors in the will die before the testator or when they renounce that testator or when they renounce that responsibilityresponsibility

ProceduresProcedures Cont… Cont…

When the letters of administration When the letters of administration have not been obtained within 2 have not been obtained within 2 months from the death of the testator months from the death of the testator or, or,

When the deceased died without a willWhen the deceased died without a will If/when a creditor brings his/ her claim If/when a creditor brings his/ her claim

to the office. Other responsibilities of to the office. Other responsibilities of the AG include keeping and the AG include keeping and accounting for every estate under accounting for every estate under his/her jurisdiction his/her jurisdiction

Approach to the studyApproach to the study 1010% of cases reported to the AGO % of cases reported to the AGO

between 1986 and 2005 were selected between 1986 and 2005 were selected by simple random sampling.by simple random sampling.

A structured data extraction form was A structured data extraction form was used to extract details of casesused to extract details of cases

The Data was analyzed using the SPSS The Data was analyzed using the SPSS Package to Frequency tables and for Package to Frequency tables and for divergent or similar gender patternsdivergent or similar gender patterns

Content analysis was used to relate to Content analysis was used to relate to existing theories in the analysis of existing theories in the analysis of gender disparitiesgender disparities

Study LimitationsStudy Limitations

Scanty and mScanty and mmissing information missing information information on the filesinformation on the files

Poor records storage and retrieval Poor records storage and retrieval

Indeterminate casesIndeterminate cases

FindingsFindings A total of 609 cases were extracted A total of 609 cases were extracted clients utilized different arbitration clients utilized different arbitration

levels including:levels including: Local councils (40%) Local councils (40%) Family/Clan leaders (20%),Family/Clan leaders (20%), NGOs (Federation of Women Lawyers NGOs (Federation of Women Lawyers

(FIDA), Legal Aid)(FIDA), Legal Aid) District offices (CAO) District offices (CAO) before and in-between reporting the before and in-between reporting the

case and visits to the AG’s office as case and visits to the AG’s office as well as the High Courtwell as the High Court

Findings cont…Findings cont…

Cental63%

East 14%

West 14%

North9%

Regional Distribution of Cases

Findings cont…Findings cont… Out of the 609 deceased 500 (82%) Out of the 609 deceased 500 (82%)

were men aged between 36 and 60 were men aged between 36 and 60 years years

HIV/AIDS was the leading cause of HIV/AIDS was the leading cause of death for both males and femalesdeath for both males and females

Only 15% of the 609 were reported Only 15% of the 609 were reported to be single at the time of deathto be single at the time of death

Findings cont…Findings cont… 23% of the women made wills in 23% of the women made wills in

comparison to 16% of the mencomparison to 16% of the men

50% of the beneficiaries could 50% of the beneficiaries could not directly and/or access the not directly and/or access the estateestate

Only 49 (8%) of the 609 cases Only 49 (8%) of the 609 cases were indicated to be conclusively were indicated to be conclusively disposeddisposed

Distribution of land and money Distribution of land and money of non-willed Estatesof non-willed Estates

Only 35 non-willed estates over the Only 35 non-willed estates over the period of 20 years were conclusively period of 20 years were conclusively distributed distributed

63% of distribution involved money 63% of distribution involved money while 35% was about landwhile 35% was about land

52% of the males and 48% of the 52% of the males and 48% of the females were apportioned landfemales were apportioned land

Patterns of Property distributionPatterns of Property distribution

Children 63%Spause

17%

Parent 11%

Sibling 5%

Other4%

%

Property distribution by category Property distribution by category beneficiary in willed Estates beneficiary in willed Estates

179

144

65

111

66

133

103

48

81

48

0

20

40

60

80

100

120

140

160

180

200

Land Houses Livestock Personal ef fects

Other

Female

Male

Conclusion Conclusion The AG office plays a positive role in The AG office plays a positive role in

restoring women’s property including restoring women’s property including land through:land through: Adhering to the succession law of equal Adhering to the succession law of equal

share in non-willed estateshare in non-willed estate

The case disposal rate is very low 8%The case disposal rate is very low 8%

The study helped to create a database The study helped to create a database for follow-up to document women’s for follow-up to document women’s retention of the inherited landretention of the inherited land

Conclusion …. Conclusion ….

Findings show that contrary Findings show that contrary to the dominant narrative to the dominant narrative that women do not inherit that women do not inherit land, this study showed that land, this study showed that in fact women benefit much in fact women benefit much more in willed estatesmore in willed estates