Africa

Knowing Her Rights

Ugandan Woman Uses Property Rights Training to Settle Dispute
Wed, 12/15/2010

After learning about her property rights, Hafswa Nabanjja is compensated for being forced off land she had farmed for decades.

After learning about her property rights, Hafswa Nabanjja is compensated for being forced off land she had farmed for decades.


Property Rights

Hafswa Nabanjja spends her days making mats to sell locally.

© Photo David Snyder/ICRW

LUWERO DISTRICT, Uganda – As a poor woman in Uganda’s Luwero District, Hafswa Nabanjja’s land dispute could have had any of 100 different endings – none of them beneficial to her. Looking back, she still remembers the day a new landowner appeared at her door with news she and her husband could not believe.

“The landowner sold the entire land,” Hafswa says. “And even though there were tenants on the land, he told us all we had to leave.”

Faced with eviction from land she and her husband had farmed for most of their lives, the news got worse when they learned that the new landowner had no intention of compensating them for their one-acre plot. While others faced with such a scenario might cede to the pressures of a wealthy landowner, Hafswa had something many in rural Uganda do not: access to grassroots paralegal Eddie Zziwa.

“When (the landowner) decided to chase us off the land, Eddie had conducted a ‘sensitization’ on land rights,” Hafswa says, referring to a training about property rights. “From that we learned, one, that we had rights as tenants; we couldn’t just be kicked off the land. And two, that we should be compensated.”

A local expert mediates

Zziwa is one of 20 local volunteers trained in Ugandan law to provide legal aid and education. ICRW is helping arm people like Zziwa – referred to as “grassroots paralegals” – with skills to mediate conflicts like the one Hafswa faced. Working in partnership with the Uganda Land Alliance (ULA), ICRW developed a training curriculum to help bolster paralegals’ efforts to educate communities about women’s property rights and serve as liaisons during land disputes. ICRW is also working with ULA on how to evaluate the effectiveness of the program.

ICRW believes that solid research is fundamental to creating social change and must be conducted in a manner that engages communities and individuals like Hafswa. ICRW’s work with ULA is rooted in identifying culturally appropriate, pragmatic solutions that allow women to exercise their property rights and advance economically. And in central Uganda’s Luwero District, the trainings that Hafswa attended about property rights appear to be making a difference.

“These trainings have helped women in the community to stand up and talk,” Hafswa says. “Now we are willing to assert our rights, and we are able to sensitize and council other women because we are knowledgeable about these issues.”

Indeed, an ICRW survey found that most residents in Luwero District don’t understand Uganda’s land tenure laws, which essentially define who owns property and what they can do with it.

Women and property rights Uganda

Hafswa plans to buy more land with the income she earns from selling her handcrafted mats.

© Photo David Snyder/ICRW

The country has four land tenure systems. In Hafswa’s case, the land she and her husband farmed was under the “mailo” system. Mailo allows for land owners to pass their land on to their children. Tenants like Hafswa and their descendants pay fees to the owners while they live on and use the land. The owners can sell or rent the land to someone else, but tenants still have the right to remain or be compensated if they leave.

“We’ve found that many people living on mailo lands don’t understand their rights as tenants or are unaware that the land is owned by someone outside of the family or clan,” says Krista Jacobs, an economist who leads ICRW’s work on women’s property rights.

Land to call her own

Grassroots paralegals report that tenants are surprised to learn that land owners have rights to the land that the tenants had been living on for decades, Jacobs says.

“This lack of understanding of legal rights and obligations, combined with rising land prices, persuade owners to sell their land, often without regard to their tenants,” she adds. “It puts people like Hafswa at risk.”

However, once Hafswa learned about her rights, she and her husband, with Zziwa’s assistance, arranged to meet the landowner. Despite his reluctance at first to listen to Hafswa’s demands, she and Zziwa ultimately convinced him that he was legally obligated to compensate her for the land she was losing – land that had grown more valuable in Uganda in recent years as property values skyrocketed. Faced with the law, and a tenant unwilling to be cowed, the landowner agreed to the compensation. 

“We left this land and bought in the same parish,” Hafswa says. “We bought two acres.” 

These days, Hafswa plans to put her newfound knowledge of land rights to use. She spends each day weaving small mats and baskets to sell. She uses income from those sales to invest in a small village bank in the hopes of one day buying more land. 

Looking back on her experience, Hafswa recalls why she got a fair price for the land that almost slipped through her fingers: “We were willing to go to every organization for help,” she says. “We knew we had rights, and we were not willing to lose out.” 

Photojournalist David Snyder covered this story for ICRW in Uganda. Gillian Gaynair, ICRW's writer/editor, contributed to this report from Washington, D.C.

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VILLAGE OF MUYAFWA, Kenya – Much of Janet Wamalwa’s one-acre farm plot lay bare and difficult to cultivate. Like many areas of sub-Saharan Africa, her land in Muyafwa, a village in western Kenya, was plagued by soil erosion and low productivity. And for a subsistence farmer like 32-year-old Janet, when her crops don’t grow, her family doesn’t eat. The mother of five said that they lived on one meal a day during the dry season.

But no more.

Today, Janet’s crops are thriving and her family is eating better because of several sustainable farming techniques she implemented with the help of an international nongovernmental organization, World Neighbors, and Kenya’s Ministry of Agriculture.

Janet is one of several women farmers who experts from the International Center for Research on Women (ICRW) met with to learn more about farming methods that work best for them. Janet’s approach is just one example of how small-scale farmers in Africa – most of whom are women – can use a diversity of simple practices to stave off hunger, earn an income and, ultimately, improve their lives.

“Women like Janet are central to alleviating hunger in rural communities Janet Wamalwawhere most of the world’s poor and food insecure people live,” said Rekha Mehra, ICRW’s director for economic development. “They depend primarily on agriculture for their livelihoods, and small-scale, affordable solutions that increase their productivity can go a long way in improving the quality of life of their entire household.”

ICRW experts plan to take what they learned from Janet and other women during the ICRW-sponsored workshop and share it with Kenyan and U.S. policymakers and practitioners as they develop strategies to boost agricultural productivity.

"Farmers like Janet also can inspire and teach other farmers in similar circumstances how to adopt practical skills and techniques – this is something they all discovered during the workshop," Mehra said.

So what exactly did Janet do to increase her yields and curb her family’s hunger?

In part, she learned to use her land more efficiently by dividing it into several plots to plant a variety of crops. She grows bananas, beans, cassava, groundnuts, kale, maize, tomatoes and sorghum – all of which she uses to feed her family and sell at local markets. Janet also owns dairy goats, whose milk helps nourish her children and whose manure helps create organic fertilizer.

By planting a combination of compatible crops – a process known as “intercropping” – and using the organic fertilizer, Janet’s soil fertility is much richer. The proof is in her yields: In the past, Janet said she harvested some 100 to 200 pounds (45 to 90 kilograms) of maize per season; now she produces about 595 to nearly 1,000 pounds (270 to 450 kilograms).

Janet Meanwhile, she also developed ways to store water at her home, which is located in an area where rainfall is unpredictable and excessive drought is common. She did this by fashioning a roof gutter to collect and direct rainwater into a 100-liter tank. Now, even in the dry season, Janet said she has water that can last up to four days.

Janet also took advantage of the terrain where her farm is located. Although her village does not have electricity or irrigated water, her farm sits on a slight downhill slope. She used the slanted ground to her benefit by digging channels between her plots. These channels collect water and nutrient runoff from the farms above hers, helping to nourish her crops.

The small, relatively cost efficient farming techniques Janet adopted are representative of solutions small-scale farmers in Africa and elsewhere can practice to alleviate hunger – and poverty.

And for Janet, the benefits have been life-changing. Now, she said her children’s overall nutrition is better, in part because the variety of crops she grows allows her to provide a healthy mix of food for her family year-round. Meanwhile, the extra income Janet earns from selling products in local markets means she can pay her children’s school fees. In the past, when she couldn’t make ends meet, the first cost-savings remedy was to pull the children from their studies.

Now, Janet can afford to steadily keep them in school.

ICRW Program Associate Charles Ashbaugh contributed to this report.

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Property Rights and Gender: A Training Toolkit

Property Rights and Gender: A Training Toolkit

International Center for Research on Women and Uganda Land Alliance
2010

Property rights economically empower women by creating opportunities for earning income, securing their place in the community and ensuring their livelihoods. This toolkit seeks to strengthen understanding of property rights for women and men as equal citizens. In Uganda, where this toolkit was piloted, women often are not treated as equal citizens, and the toolkit addresses what rights women have, how to communicate women’s rights and the issues preventing women from exercising their rights.

The overarching goals of the training are to:

  • Increase knowledge of legal rights to property in Uganda
  • Understand and recognize women’s and men’s equality before Ugandan law
  • Allow women and men to exercise and protect their own property rights while respecting others’ rights

The toolkit has five modules:

Rights and Gender in Uganda
Land Law and Gender
Property Rights in Marriage and Family
Inheritance Law, Wills and Women
Monitoring Skills for the Community Rights Worker

(9.68 MB)

We encourage the use and dissemination of our publications for non-commercial, educational purposes. Portions may be reproduced with acknowledgment to the International Center for Research on Women (ICRW). For questions, please contact publications@icrw.org; or (202) 797-0007.

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america.gov

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