African Feminism, Land Tenure and Soil Rights in Africa: A Case of Uganda

Citation:

Busingye, Godard. 2020. “African Feminism, Land Tenure and Soil Rights in Africa: A Case of Uganda.” In Legal Instruments for Sustainable Soil Management in Africa, edited by Hadijah Yahyah, Harald Ginzky, Emmanuel Kasimbazi, Robert Kibugi, and Oliver C. Ruppel, 133–55. International Yearbook of Soil Law and Policy. Cham: Springer International Publishing.

Author: Busingye, Godard

Abstract:

This chapter discusses the relationship between African feminism, land tenure and soil rights in Africa. It uses the lenses of African feminism, particularly the motherism brand, to provide a medium through which Africans can assert their rights to land and soil. It bases on a case of Uganda to critique the ideology of patriarchy which denies Africans automatic rights to land and soil or jus soli, through policy and the law. Automatic rights to land and soil would ensure that everyone in Africa is bonded to the land and soil as a mother is bonded to her child. Land and soil rights, which mean the same thing to an African, are contemporaneously acquired and are linked to citizenship rights, largely based on the principle of jus sanguinius. A general conclusion drawn is that in order to rectify the situation discussed African governments should use the lenses of African feminism to reconstruct policies and re-enact laws related to land ownership, soil and sustainable development. It recommends that African governments should review their land policies and laws, including constitutions, in order to grant land and soil rights to all Africans based on the principle of jus soli, while that of jus sanguinius should only be adopted in circumstances where it does not disadvantage any person. Future researchers should build on the analysis made herein and step up their advocacy drives to persuade African governments to undertake the necessary reforms in their land regulatory policies and laws. (Abstract from Springer Link)

Topics: Citizenship, Development, Feminisms, Gender, Women, Gendered Power Relations, Patriarchy, Governance, Land Tenure, Rights, Land Rights Regions: Africa, East Africa, Southern Africa Countries: Uganda

Year: 2020

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