65 Vigencia y Derogatorias.

There are several programmes being implemented in the north of the country by the Government and NGOs that are actively encouraging married women to buy their own land.155 _{The logic behind encouraging women to buy their own}

land is that it is believed that it will give women greater independence from the conjugal patriarch and more land tenure security. In principle it could make sense; after all, as noted in Chapter Two, there is evidence to suggest that if women own their own land, not only does it benefit them but it also benefits their children. As I have argued, however, this is not always the case, as

153 _{Michael has three wives, of various ages.}

154 _{Customary land, as noted in Chapter Four, is governed differently to the other land tenure}

systems that are evident in Uganda.

155 _{I was informed of this by Regina, the Gender Communication and Development Officer}

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having land alone will not necessarily mean that women and their children will benefit, especially if they lack other vital resources. Another point is, how much is enough land so that women can be independent from the husband? Even if there are programmes being implemented, as discussed by Regina the Gender Communication and Development Officer for Agaoa,156

“It’s not practically possible for a female subsistence farmer to buy land… They can’t, they can’t own land.”

The reason given that married subsistence farmers cannot buy land is that in the villages married women are simply too poor. Not only this, but a valid question to ask is, in an area of the country where up to 99% of the land is customary, where would married women buy land and who from? I did ask Regina who these programmes were supposed to target and she informed me that the programmes were aimed more at elite women in salaried employment who reside in urban areas. This, once again, I believe confirms and reinforces that elite women are in a much stronger position than female subsistence farmers and that the Government do not have their interests in mind.

Not only are married women not in a position to buy land in their own right due to a lack of resources (in the village a plot of land, enough for a home and a small garden, although not large enough for the sustainable needs of a family, costs Ugandan Shillings 320,000).157 _{If married women were to buy land}

independently with their own money they would not negate their husbands on the land title document, thus the land would be co-owned, as discussed by Paul.

“The only problem might be if you have a husband and you try to buy the land without involving your husband that could then cause some problems. Or a husband might question why you would want to buy land? They might think that you are planning to leave them, or that you are no good as a wife. With that tension will be created and domestic violence will happen.

156 _{The position of Gender, Communication and Development Officer for Agago is a civil}

servant governmental position.

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You need to buy as one, because you are united as one, now why would you separate on land issues? It should be done together.”

From Paul’s statement it is clear that if a married woman did buy land independently of her husband she would be seen as destabilising the social equilibrium and challenging gender relations and gender roles. Not only this, but she could be leaving herself open to abuse and harm. Also, if women do buy land independently of their husbands there is no guarantee that they will actually be more secure. As Grace stated,

“My husband would say that I’ve gotten the money for buying my land due to working on his land so I should go back to my father’s home as I have no rights to the land that I’d bought.”

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This is a sentiment that confirms the opinions of Rwot Levi, insofar as whatever a woman produces is the property of the conjugal patriarch. If this is the case, then even if the Government are advocating that wives should buy land independently of husbands, a valid question to ask is, is there any real benefit in doing so in practice? From the evidence presented here, even if married women were in a position to buy land, the land would need to be registered jointly, or, as the example given by George shows, by the head of the household, which is the conjugal patriarch. Also, if married women do buy land independently, how are they expected to work not only the gardens of the family, but also their own land? Married women after all, already have demanding workloads. In relation to distorting the social equilibrium, even in the Global North women do not often buy homes independently of their husbands, so why is it seen as being appropriate in the Developing South, especially in rigid patriarchal societies where woman’s options are limited. I am inclined to argue that even if the Government and NGOs are advocating for independent ownership of land for married women that they have misunderstood the realities on the ground and that gender empowerment and

158 _{Rose and her husband bought several acres of land near to their homestead a few years}

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equality cannot be achieved by pitting women against men. Also in choosing not to buy land, married women are actively demonstrating a level of agency insofar as they are aware of the negative connotations that may follow if they challenge the patriarch’s authority, so it is easier to continue to work on the land of the conjugal patriarch. Also, another key issue that NGOs and the Government have missed is that socially women are aware that the land of their husbands is also theirs because bridewealth has been paid. It is the payment of bridewealth that gives security of access.

The purpose of this section was to show how married women access and continue to retain access to the ancestral lands of their husbands. It clearly demonstrated that if bridewealth has been paid, women are aware that the land is not only theirs, but that they can inherit the land upon the death of their husbands. Not only this, but in relation to the purchasing of land, it is clear that women will not challenge the conjugal patriarch’s authority, and that they embrace their supportive role. This is also demonstrated in the fact that women see no reason why their daughters should inherit land as ultimately they should marry. After all, that is what they as mothers have done.