Land Rights and Gender in Uganda: Widows’ Journeys to Justice in Kapchorwa District

The study investigated the land rights of widows and the challenges faced when they try to look for justice. The study considers how widows engage with existing institutions, such as the Magistrates courts, the police and civil society among others in Kapchorwa district. The gender dimension concerns the efforts of widows to seek remedy with the main focus on customary land tenure. The study considers factors that influence the outcomes of such land claims by widows in Kapchorwa District. A central concept in the study was land rights, which were approached from a rights-based perspective. RBA to land rights of women are viewed as basic human rights. Among the key study findings were that 1) widows land claims under customary tenure are complex, sensitive and fragile; 2) if not handled in a fair and appropriate way, formal courts, police and other authorities can even exacerbate the vulnerability of widows and their entire households; 3) the problems of widows in seeking land justice include violence. The study found that widows’ efforts are constrained by patriarchal cultural norms, expensive and long bureaucracies of legal procedures coupled with lack of knowledge about the legal processes, corruption and limited enforcement of rights. It is critical that any crimes committed against widows due their vulnerability should be dealt with rapidly and effectively by the police and courts, rather than allowing impunity for perpetrators. Protecting this vulnerable group of women’s land rights requires legal courts and police institutions to embark on a more rights-based approach that focuses on social justice and empowering the most vulnerable and marginalized groups in society.