Relevant bibliographies by topics / Customary law – Uganda

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Customary law – Uganda'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "Customary law – Uganda"

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Mujuzi, Jamil Ddamulira. "Reconciling Customary Law and Cultural Practices with Human Rights in Uganda." Obiter 41, no. 2 (October 1, 2020): 239–56. http://dx.doi.org/10.17159/obiter.v41i2.9148.

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Customary law has been part of Ugandan law for many years. Section 2 of the Local Council Courts Act, 2006 defines “customary law” to mean “the rules of conduct established by custom and long usage having the force of law and not forming part of the common law nor formally enacted in any legislation”. Ugandan courts have explained the relationship between customary law and other laws. In 1995, Uganda adopted a constitution that includes, among other things, a bill of rights that prohibits discriminatory and degrading laws and customs. This was informed during the making of the Constitution by the arguments of many Ugandans that discriminatory and degrading customary practices and laws should be abolished by the Constitution. In this article, the author illustrates the steps that have been taken by the drafters of the Constitution, Parliament (through legislation) and courts to outlaw discriminatory and degrading cultural practices. The author recommends ways in which some of these measures could be strengthened.
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Joireman, Sandra F. "Intergenerational land conflict in northern Uganda: children, customary law and return migration." Africa 88, no. 1 (January 9, 2018): 81–98. http://dx.doi.org/10.1017/s0001972017000559.

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AbstractNorthern Uganda is in transition after the conflict that ended in 2006. While its cities are thriving and economic opportunities abound, the social institutions governing land access are contested, the land administration system is changing, and the mechanisms available to address conflicts over resources have themselves become a venue for authority claims. This article examines the intergenerational nature of land conflicts in northern Uganda, focusing on the interplay of customary law, return migration and the development of a market in land. There are three contributions to existing literature: (1) a discussion of children's property rights under customary and statute law in Uganda; (2) the identification of the dual nature of children during complex emergencies as both victims and agents; and (3) an addition to knowledge on post-conflict return and community reconstruction. Evidence comes from several sources, the most important of which are a set of interviews conducted in Gulu and Kampala in May and June 2015. Secondary sources augment the field research, particularly survey research conducted in northern Uganda after the conflict.
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Dennison, David Brian. "The Resonance of Colonial Era Customary Codes in Contemporary Uganda." Potchefstroom Electronic Law Journal 22 (December 12, 2019): 1–25. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a7587.

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Colonial era codifications of customary law – especially those codified in indigenous first languages – have a resilient capacity to form and inform living customary law. In the context of Mukono District, Uganda, modern conceptions of customary law are informed and shaped by colonial era codifications promulgated by the British Protectorate and the Kingdom of Buganda. This research insight offers practical benefits to those seeking to promote access to justice and human rights development in Mukono District. Such benefits speak to the potential vitality and relevance of colonial era customary codifications. Misgivings about the alien influences and exploitative purposes that distorted and corrupted colonial era codes do not warrant disregard of their active legacy within modern customary legal frameworks. The use of receptive research approaches such as those developed and modelled by Sally Falk Moore can help ensure the ongoing influence of colonial era codes are not hidden by contemporary orthodoxies and biases.
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Coldham, Simon. "Land Reform and Customary Rights: The Case of Uganda." Journal of African Law 44, no. 1 (2000): 65–77. http://dx.doi.org/10.1017/s0021855300012043.

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This article examines the Ugandan Land Act, 1998, which seeks to transform land relations throughout the country both by settling once and for all the vexed question as to the relative rights of “owners” and “tenants” of mailo land, and by providing procedures whereby persons may apply either for certificates of customary ownership or for freehold titles to their land. While the Act recognizes that in some areas it may be more appropriate for land to be held communally, it is the long-term aim that most land should be held on individual freehold title. However, the negotiability of such a title is undermined by a variety of provisions designed to protect customary rights.
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Quinn, Joanna R. "The Impact of Internal Conflict on Customary Institutions and Law: The Case of Uganda." Journal of African Law 59, no. 2 (March 26, 2015): 220–36. http://dx.doi.org/10.1017/s0021855315000042.

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AbstractCustomary institutions are used successfully in some Ugandan communities, but not in others. There may be several explanations for this. First, the nature of social institutions clearly changes over time; it is likely that the utility of traditional practices has also changed accordingly. Secondly, the presence of protracted civil conflict in various parts of the country has altered the manner in which people are able to live and deal with conflict. Thirdly, the scope of conflict may have caused traditions to become dislocated or modified beyond any recognizable or useful form, which may have caused traditional mechanisms to become less useful or entirely obsolete. Fourthly, societies in Uganda are stratified very differently; this organization has had a major role to play in whether and how such mechanisms are used. Fifthly, the homogeneity of the population could be a key factor in whether, and whose, “traditions” are used in a given community.
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Scheibinger, Lena. "Die gewohnheitsrechtliche Praktik der Leviratsehe in Kenia und Uganda." Recht in Afrika 22, no. 2 (2019): 175–203. http://dx.doi.org/10.5771/2363-6270-2019-2-175.

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The practice of levirate marriage describes cases where, under the customary conception of marriage, a male relative of the deceased husband ‘inherits’ or ‘takes over’ his widow. Based on the concept of legal pluralism, the paper analyses different notions of marriage in customary law and statutory law. Within this legal framework the collective character of marriage under customary law and the assumption that the alliance entered by two kin groups is not dissolved by the death of one spouse function as central preliminaries for the levirate marriage. Even though the levirate shows a large number of variables, all these arrangements were initially created as a support system for the widow and her children. Furthermore, it allowed the perpetuation of the lineage and the maintenance of the alliance between two families. By referring to case studies from various ethnic groups in Kenya and Uganda the paper discusses current developments of and challenges for this complex practice that constitutes a field of multiple negotiations especially in its legal-pluralistic context.
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Quinn, Joanna R. "Tradition?! Traditional Cultural Institutions on Customary Practices in Uganda." Africa Spectrum 49, no. 3 (December 2014): 29–54. http://dx.doi.org/10.1177/000203971404900302.

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This contribution traces the importance of traditional institutions in rehabilitating societies in general terms and more particularly in post-independence Uganda. The current regime, partly by inventing “traditional” cultural institutions, partly by co-opting them for its own interests, contributed to a loss of legitimacy of those who claim responsibility for customary law. More recently, international prosecutions have complicated the use of customary mechanisms within such societies. This article shows that some traditional and cultural leaders continue to struggle to restore their original institutions, some having taken the initiative of inventing new forms of engaging with society. Uganda is presented as a test case for the International Criminal Court's ability to work with traditional judicial institutions in Africa.
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Quinn, Joanna R. "Social Reconstruction in Uganda: The Role of Customary Mechanisms in Transitional Justice." Human Rights Review 8, no. 4 (September 18, 2007): 389–407. http://dx.doi.org/10.1007/s12142-007-0020-8.

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Owor, Maureen. "Creating an Independent Traditional Court: A Study of Jopadhola Clan Courts in Uganda." Journal of African Law 56, no. 2 (August 29, 2012): 215–42. http://dx.doi.org/10.1017/s0021855312000095.

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AbstractThis article examines the contribution of clans (kinship institutions) to the administration of justice within the context of standards set out in the African regional human rights instruments. Field work on the Jopadhola of Eastern Uganda is drawn upon, to explore how clans reproduce their notion of an independent court using an abridged legal doctrine of separation of powers, and partially mimicking lower level government and judicial features. The field work also shows how clans accommodate interests of women and youth. Even so, clans retain a largely customary approach to the appointment, qualifications and tenure of court officials. The main findings lead to the conclusion that, by applying an “African” notion of human rights, clans have created traditional constructs of an independent court: one that is culturally appropriate for their indigenous communities.
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Dancer, Helen. "An Equal Right to Inherit? Women’s Land Rights, Customary Law and Constitutional Reform in Tanzania." Social & Legal Studies 26, no. 3 (January 10, 2017): 291–310. http://dx.doi.org/10.1177/0964663916677560.

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This article explores contemporary contestations surrounding women’s inheritance of land in Africa. Legal activism has gained momentum, both in agendas for law reform and in test case litigation, which reached the United Nations Committee on the Elimination of Discrimination against Women in ES and SC v. United Republic of Tanzania. Comparing the approach of Tanzania to that of its neighbours, Uganda, Kenya and Rwanda, this article explores patterns of resistance and omission towards enshrining an equal right to inherit in land and succession laws. It identifies two main reasons: neoliberal drivers for land law reform of the 1990s and sociopolitical sensitivity surrounding inheritance of land. It argues that a progressive approach to constitutional and law reform on women’s land rights requires understanding of the realities of claims to family land based on kinship relations. It calls for a holistic approach to land, marriage and inheritance law reform underpinned with constitutional rights to equality and progressive interpretations of living customary law.
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Dissertations / Theses on the topic "Customary law – Uganda"

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Dennison, David Brian. "The status, rights and treatment of persons with disabilities within customary legal frameworks in Uganda: A study of Mukono District." Doctoral thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/27074.

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This thesis addresses the question: How do customary legal frameworks impact the status, rights and treatment of persons with disabilities? It is motivated by two underlying premises. First, customary legal frameworks are highly consequential in Sub-Saharan contexts. Second, human impairments are likely to impact status, rights and treatment in customary legal scenarios. In addition, the reality of deep legal pluralism and an anthropologically versed conception of customary law inform the research design. Customary legal content is rightly discerned by researching its substance and application within the lived environment. The researcher gathered input and stories of 63 persons with disabilities and conducted interviews of 23 community members with heightened knowledge of cultural matters in order to discern the experiences of persons with disabilities in non-formal legal contexts. In her semi-autonomous social field approach, Sally Falk Moore considers diverse and layered sources of law when determining the normative legal content in lived contexts. However, this research uncovered little in the way of normative principles specially pertaining to persons with disabilities within lived environments. Instead, legally consequential occurrences take place in customary scenarios that are largely autonomous from formal actors and institutions. The perceived normative substance of formal and customary law can influence the outcome of customary scenarios, but the decision makers' working knowledge of this legal content as it pertains to people with human impairments is limited and disparate. Decision-making family, clan and community members take various factors into consideration when determining rights, status and treatment in customary scenarios. Suppositions about the capacity and functionality of persons with disabilities are particularly influential. Thus, human impairments can be consequential factors in these decisions. This thesis demonstrates that customary scenarios are highly significant forums for establishing customary rights and status in the contexts of marital relations, clan leadership, customary guardianship, customary succession and land rights. Moreover, it indicates that effectual social and legal influences in these scenarios are multi-sourced, multi-layered and dynamic. Finally, the thesis offers practical change strategies suggested by the research for those seeking to improve the status, rights and treatment of persons with disabilities in Mukono District and similar settings.
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Kirby, Coel Thomas. "Exorcising Matovu's ghost : legal positivism, pluralism and ideology in Uganda's appellate courts." Thesis, McGill University, 2008. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=112605.

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In 1966, the High Court of Uganda legitimised the new nation's first coup d'etat. After two decades of civil war, Ugandans enacted their first popular constitution in 1995. However, the judiciary's dominant positivist ideology, Matovu's ghost, still haunts the new legal order. The author sets out this ideology's presumptions and then critiques them against an alternative, pluralist map of laws in Uganda.
The constructive analysis of recent case law (or lack thereof) that follows shows how this ideology undermines the constitution's promises of equality and freedom. This pluralist methodology is also essential to explain contemporary crises like the Lord's Resistance Army, arms proliferation in Karamoja and Museveni's "no-party" rule. In conclusion, exorcising Matovu's ghost is a priority for Ugandans and the process deserves considered thought for legal scholars advocating the "rule of law" or interventions by the International Criminal Court.
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Books on the topic "Customary law – Uganda"

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Hovil, Lucy. Peace first, justice later: Traditional justice in northern Uganda. Kampala: Refugee Law Project, 2005.

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An illusionary shield?: Gendered governance and the role of customary law in protecting the rights of widows in Uganda. Kampala: Human Rights and Peace Centre, Faculty of Law, Makerere University, 2010.

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Arutu, John Ochepa Elanyu. A court user guide for local committee courts in Uganda. Kampala: Uganda Law Watch Centre, 1998.

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4

Tukuratiire, Ketrah. A report of the study on domestic relations in Uganda: A critical analysis of the law and customary practices : recommendations submitted to the Uganda Law Reform Commission. [Kampala?]: Action for Development, 1996.

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UCICC Regional Sensitization Workshops in South Western and Western Uganda (2007 Mbarara, Uganda, etc.). A report of the UCICC Regional Senstization Workshops in South Western and Western Uganda: March 25-April 3, 2007 : held at hotels Rwizi Arch, Green Hills and Kenneth Inn. Kampala: Uganda Coalition on the International Criminal Court, 2007.

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Book chapters on the topic "Customary law – Uganda"

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Mugerwa, P. J. Nkambo. "Status, Responsibility, and Liability: A Comparative Study of Two Types of Society in Uganda." In Ideas and Procedures in African Customary Law, 279–91. Routledge, 2018. http://dx.doi.org/10.4324/9780429487576-15.

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Conference papers on the topic "Customary law – Uganda"

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Pakravan, Mohammad H., and Nordica MacCarty. "An Agent-Based Modeling Approach for Clean Technologies Adoption Using Theory of Planned Behavior Based Decision-Making." In ASME 2019 International Design Engineering Technical Conferences and Computers and Information in Engineering Conference. American Society of Mechanical Engineers, 2019. http://dx.doi.org/10.1115/detc2019-97670.

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Abstract Technology adoption in low-income regions is among the key challenges facing international development projects. Nearly 40% of the world’s population relies on open fires and rudimentary cooking devices exacerbating health outcomes, deforestation, and climatic impacts of inefficient biomass burning. Clean technology alternatives such as clean cookstoves are among the most challenging technologies to approach their target goals through sustainable adoption due to lack of systematic market-driven design for adoption. Thus, a method is needed to provide insight regarding how target customers evaluate and perceive causes for adopting a clean technology. The holistic approach of this study captures the three main aspects of technology adoption through lenses of social networks, individual and society scale beliefs, and rational decision-making behavior. Based on data collected in the Apac region in Northern Uganda, an Agent-Based Model is developed to simulate emerging adoption behavior in a community. Then, four different scenarios investigate how adoption patterns change due to potential changes in technology or intervention strategy. These scenarios include influence of stove malfunctions, price elasticity, information campaigns, and strength of social network. Results suggest that higher adoption rates are achievable if designed technologies are more durable, information campaigns provide realistic expectations for users, policy makers and education programs work toward women’s empowerment, and communal social ties are recognized for influence maximization. Application of this study provides insight for technology designers, project implementers, and policy makers to update their practices for achieving sustainable and to the scale clean technology adoption rates.
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