The Constitution of Uganda includes anti-discriminatory provisions and condemns any custom that contradicts human rights. But discrimination against women is rife and the situation of Ugandan women is further aggravated by deeply rooted patriarchal tradition and years of armed conflict. The government has enacted new laws to improve the situation of women, but their implementation has been obstructed by some reticent communities.
Customary laws dominate in regard to family matters, many of which discriminate against women. The minimum legal age of marriage is 18 years for both men and women, but early marriage is frequently arranged for young girls, especially in rural areas. A 2004 United Nations report estimated that 32 per cent of girls between 15 and 19 years of age were married, divorced or widowed. By contrast, a 2006 Demographic and Health Survey reported the figure to be 15.4 per cent.
Polygamy is legal in Uganda, according to traditional and Islamic Sharia law. Women have no legal course of action to prevent their husbands from taking another wife.
Although the 1996 law on the status of children stipulates that both parents are responsible for supporting their offspring, customary law holds that men hold sole parental authority in Uganda. Customary law also prevails in the event of divorce in that child custody is typically awarded to the father.
Tradition dictates that women do not have the right to inheritance, but the Marriage Code grants widows the right to inherit 15 per cent of a deceased husband’s property.
The physical integrity of Ugandan women is poorly protected. Violence against women is widespread: some estimates say that more than half of the women in the country have suffered domestic violence at the hands of their partners. Domestic violence has wide social acceptance, even by women.
Rape is very common in Uganda. In nearly half of sexual violence cases, the victim’s husband or partner is the perpetrator reflecting a widely held belief that spousal rape is a husband’s prerogative. In addition, many women were raped by rebel soldiers during the conflict in northern Uganda.
Women of the Sabiny tribe are subjected to female genital mutilation. There are no laws prohibiting the practice, but the local authorities have issued a decree denouncing the custom.
There is no evidence to suggest that Uganda is a country of concern in relation to missing women.
Ugandan women’s ownership rights remain extremely limited. Access to land is governed by customary laws. In theory, women have access to land. Decision-making powers, however, are typically granted to men and most female landowners have no power to administer their land holdings. Traditional practices persist despite the government’s recent adoption of a new land law designed to improve women’s access to land and grant them the right to manage their property.
The Constitution upholds women’s rights to have access to property other than land. Theoretically, women are free to administer their property without their husbands’ consent. This is another area in which customary laws prevent women from exercising their rights.
Access to bank loans is difficult for women in Uganda. Discriminatory practices that prevent women from accessing land are a major obstacle as most commercial banks will not approve loans unless women hold title deeds as a guarantee. Several NGOs operate micro-credit programmes that specifically target women.
Women’s civil liberties are restricted in Uganda. Their freedom of movement is curtailed by the need to have the written consent of their husbands before obtaining a passport or travelling outside the country. There are no reported limitations on their freedom of dress.
Afrol News (n.d.), Gender Profile: Uganda, www.afrol.com/Categories/Women/profiles/uganda _women.htm.
CEDAW (Committee on the Elimination of Discrimination against Women) (2000), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Uganda, Third Periodic Report of States Parties, CEDAW/C/UGA/3, CEDAW, New York, NY.
CEDAW (2002), Summary Record of the 575th Meeting, CEDAW/C/SR.575, CEDAW, New York, NY.
CEDAW (2004), Summary Record of the 576th Meeting, CEDAW/C/SR.576, CEDAW, New York, NY.
DHS (Demographic and Health Surveys) (2006), Demographic and Health Survey 2006, Uganda Bureau of Statistics, Kampala and Macro International Inc., Calverton, MD, www.measuredhs.com/pubs/pub_details.cfm?ID=681&ctry_id=44&SrchTp=ctry&flag=sur.
IPU (Inter-Parliamentary Union) (n.d.), Legislation and Other National Provisions: Uganda, Parliamentary Campaign “Stop Violence Against Women”: Female Genital Mutilation, IPU, Geneva, www.ipu.org/wmn-e/fgm-prov.htm, accessed 10 October 2007.
Struensee, V. von (2005), “The Contribution of Polygamy to Women’s Oppression and Impoverishment: An Argument for its Prohibition”, Murdoch University Electronic Journal of Law, Murdoch, www.austlii.edu.au/au/journals/MurUEJL/2005/2.html#fn100.
US Department of State (2007a), Country Reports on Human Rights Practices: Uganda, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
US Department of State (2007b), International Religious Freedom Report: Uganda, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
