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Journal articles on the topic 'Customary law – Uganda'
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1
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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Kemigisha, Prudence. "Land Tenure Regimes and Women’s Land Rights in Uganda; Legality and the Land Legal Framework." Advances in Social Sciences Research Journal 8, no. 1 (January 17, 2021): 116–33. http://dx.doi.org/10.14738/assrj.81.9462.
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A review on the implications of land tenure regimes on women’s land rights is relevant in the Ugandan context and other countries in Africa due to the fact that land is in many ways the most important productive resource to possess or have access to. Rights over land are associated with social identity and help to regulate what people do with that land as a source of livelihood. Despite the critical contribution of land resource, it is not equitably distributed. The position of women in land accessibility, control and ownership is still precarious under the different tenure regimes in Uganda. A literature review was conducted to assess the implications of the tenure regimes on women land rights in Uganda, with specific reference to the land legality and the legal framework. From the literature reviewed, the study indicates that women’s right to land under the land holding systems are largely limited to access rights but not ownership rights. Ugandan women face significant challenges accessing justice when their rights are violated. The lack of clear distinction between legitimacy and legality of land rights makes it difficult to attain effective women’s rights to land. A combination of contemporary and customary law still restricts land rights of women in that the statutory instruments in place have failed to grant women the right to land. The study recommends that the necessary change required to narrow the gender gap in land rights necessitates simultaneous struggles over the norms and legal structures governing women’s land rights.
12
Hopwood, Julian. "Women’s Land Claims in the Acholi Region of Northern Uganda: What Can Be Learned from What Is Contested." International Journal on Minority and Group Rights 22, no. 3 (July 17, 2015): 387–409. http://dx.doi.org/10.1163/15718115-02203005.
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Women are often understood to be highly marginalised in typical African customary land regimes. The research presented in this article found that in the Acholi region of northern Uganda this is not the case. The crisis of land conflict that followed the twenty-year lra insurgency and mass rural displacement has seemingly passed, notwithstanding a minimal contribution from the formal justice, law and order sector: local state actors as well as clan elders are mediating and adjudicating disputes on the basis of custom. However some social institutions, in particular traditional marriage, have been deeply affected by displacement and the consequent poverty. In this context, custom appears to be becoming more responsive to the needs of women, including those who are divorced or separated. While women’s customary land claims are often challenged, they appear to be generally respected and supported by communities and those with responsibilities for settling disputes.
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McKenzie, Peter. "A shared commercial legal heritage - reflections on commercial law reform in former British Colonies and Dependencies." Victoria University of Wellington Law Review 39, no. 4 (December 1, 2008): 553. http://dx.doi.org/10.26686/vuwlr.v39i4.5478.
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This article reflects on Professor Tony Angelo's contributions to the laws of various British colonies, particularly Mauritius. The author illustrates different types of jurisdiction by reference to individual countries. First, the author discusses colonies with a received legal heritage – Mauritius, who has influences from its French colonial administration and English law, and Botswana who has hints of English commercial statutes. Secondly, the author discusses colonies with an underlying common law system – Uganda, Sierra Leone, and Samoa. None of these nations were settled colonies, but colonial administrators took with them a common law structure for contracts, and civil and commercial obligations, while retaining customary law and practices in relation to land. Finally, the Maldives is discussed as a "special case". The author then discusses his reflections on the colonial legal legacy, including the impact of the English language, the shared nature of the colonies' legal systems (including a common accounting and business framework), and the "colonial legal patchwork". The author hopes that the impetus given by Professor Angelo to law reform in Mauritius, as well as other nations, will continue.
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Cotran, Eugene. "Marriage, Divorce and Succession Laws in Kenya: Is Integration or Unification Possible?" Journal of African Law 40, no. 2 (1996): 194–204. http://dx.doi.org/10.1017/s0021855300007762.
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It gives me great pleasure to contribute to this liber amicorum for my colleague and friend James Read. I wish him a happy retirement though I suspect that his hunger for research and discovery into African law will continue. I met Jim some 36 years ago when I joined the School of Oriental and African Studies as a research officer in African law attached to the Restatement of African Law Project of which Tony Allott was the Director. Like me, Jim was then a young student of African law, being taught and coached by the pioneer of the subject, Tony Allott. Again, like me, Jim also specialized in East Africa and in the early 1960s we exchanged notes and ideas and collaborated on research into the customary and other laws of Uganda, Kenya and Tanzania. Naturally Jim took a special interest in my Restatement of African Law in Kenya and I am forever grateful for his encouragement and enthusiasm during the research and afterwards, when the Kenya Government decided to go further than the Restatement and integrate its marriage, divorce and succession laws. This article tells the story of the establishment of the two Kenya Commissions on the subject and asks whether such unification or integration is possible.
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Mugabi, Josses, Sam Kayaga, Ian Smout, and Cyrus Njiru. "Determinants of customer decisions to pay utility water bills promptly." Water Policy 12, no. 2 (November 9, 2009): 220–36. http://dx.doi.org/10.2166/wp.2009.096.
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Cost recovery is a prerequisite for sustainable water service provision. For water utilities, one of the key determinants of overall cost recovery efficiency is the ability to recover payment, within a reasonable timeframe, for all the water bills sent to customers. This study used empirical data, obtained through a cross-sectional survey in eight small urban centres in Uganda, to establish the determinants of customer decisions to pay utility water bills promptly. Regression analysis on the data showed that customer attitude towards prompt payment, perceived ease or difficulty of paying on time (perceived control), as well as social pressure, strongly influence intentions to pay, which in turn directly affects actual prompt bill payment behaviour. The results also show that attitudes towards prompt payment are informed by perceptions of benefits and sacrifices associated with the behaviour, while social pressure is perceived to come from family members, neighbours and the utility itself. Perceived control was found to reflect both internal and external impediments to prompt bill payment, many of which relate to service issues that are within the control of water utility managers.
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Katusiime, Lorna. "Mobile Money Use: The Impact of Macroeconomic Policy and Regulation." Economies 9, no. 2 (April 7, 2021): 51. http://dx.doi.org/10.3390/economies9020051.
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This paper examines the effects of macroeconomic policy and regulatory environment on mobile money usage. Specifically, we develop an autoregressive distributed lag model to investigate the effect of key macroeconomic variables and mobile money tax on mobile money usage in Uganda. Using monthly data spanning the period March 2009 to September 2020, we find that in the short run, mobile money usage is positively affected by inflation while financial innovation, exchange rate, interest rates and mobile money tax negatively affect mobile money usage in Uganda. In the long run, mobile money usage is positively affected by economic activity, inflation and the COVID-19 pandemic crisis while mobile money customer balances, interest rate, exchange rate, financial innovation and mobile money tax negatively affect mobile money usage.
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Mugisha, Silver. "Performance assessment and monitoring of water infrastructure: an empirical case study of benchmarking in Uganda." Water Policy 9, no. 5 (October 1, 2007): 475–91. http://dx.doi.org/10.2166/wp.2007.022.
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Performance monitoring and benchmarking are increasingly becoming vital performance drivers especially in utilities where strong tariff incentive applications are not readily applicable. In this paper, performance improvement initiatives in the National Water and Sewerage Corporation (NWSC), Uganda are presented, incorporating practical benchmarking and performance monitoring approaches. A detailed empirical study of the influence of commercial/customer orientation on technical efficiency is outlined using stochastic frontier analysis (SFA) benchmarking techniques. After a long spell of heavy engineering orientation in a water utility, a shift to significant commercial/customer orientation is positively associated with a reduction in technical inefficiency.
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Dennison, D. Brian. "Proving Customary Law in Uganda: Roadmaps and Roadblocks." SSRN Electronic Journal, 2013. http://dx.doi.org/10.2139/ssrn.2441861.
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EW Makoko, E Wozei, and L Birungi. "Relationship between water quality and physical conditions of domestic storage tanks supplied by a water utility in a rapidly growing city." Water SA 47, no. 1 January (January 27, 2021). http://dx.doi.org/10.17159/wsa/2021.v47.i1.9452.
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Domestic water storage tanks are commonly used in urban centres of developing countries such as Uganda to enable reliable access to water. However, little work has been done on the conditions of domestic water storage tanks since it is assumed that water received meets the required standards and guidelines for drinking water. In 2015, over 80% of the water quality complaints raised by water utility customers in Kampala were about water from storage tanks. In this study we assessed water quality in, and conditions of, domestic storage tanks, for customers supplied by a water utility from March–August 2017 in Kampala, Uganda. Longitudinal assessment of 372 storage tanks in 6 sampled wards involved a minimum of 6 samples collected from each site in both wet and dry months of 2017. A set of guiding questions was used to establish tank conditions, with a ‘yes’ or ‘no’ response and a range of ‘low’ to ‘critical’ risk ratings. The study showed that there were three main types of storage tanks: plastic (88%), concrete (7%), and metal (5%). Of these tanks, 84% were elevated, 41% were less than 5 years old, 69% were not cleaned annually, and 88% were covered. There was a statistically significant relationship (p < 0.05) between tank physical conditions and quality of stored water. Wards with unplanned and industrial settlements had the highest number of tanks with contaminated water. The study therefore revealed that the physical conditions and management of domestic water storage tanks have an effect on water quality. This is important information for a water utility as it means that it is not enough to supply safe water if the quality may deteriorate upon storage at the consumer premises. A routine inspection checklist and consumer guidelines for domestic storage tank management are proposed.
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Dektar, Benbella, Scott McConnell, and Allan Kasekende. "Exploratory assessment of challenges and issues with private water operators in rural water supply and service delivery: a case study of the Karamoja region, Uganda." Water Policy, July 28, 2021. http://dx.doi.org/10.2166/wp.2021.263.
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Abstract This exploratory assessment was conducted in the Karamoja region of North Eastern Uganda. The aim was to analyse the contextual shortfalls that undermine the effectiveness and sustainability of private operators (PO) in water supply. POs had limited capacity to manage affairs of the water supply systems (WSS). Specifically, their skills were lacking to manage the electromechanical components of the systems, meter reading, and they exhibited poor customer care skills. Intermittent power supplies rendered the WSS unreliable. Solar systems were reported to have erratic frequencies and output which also ultimately resulted in inconsistent water supply. However, the POs hardly pursued corrective measures. The weak enforcement of regulatory policies propagated non-uniformity in tariff implementation approaches across districts contributing to lower willingness to pay. The POs’ focus on profits presents a unique challenge as POs attempt to minimise energy expenses in a bid to widen profit margins. We conclude that the limited technical and managerial capacity of POs in running water supply systems is a critical cause of unsatisfactory service delivery to water users. Finally, the weak water governance and regulatory policy enforcement and the non-adherence to water tariff plans not only affect PO economies of scale but also hamper efficient service delivery.