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An Assessment of the Effects of Land Conflict on the SocioEconomic Aspect of Women in Mbale District

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    An Assessment of the Effects of Land Conflict on the SocioEconomic aspect of Women in Mbale District

    By

    Nagudi Judith Nabugyere BA. Edu. 2002 (MUK)

    A Research Proposal submitted to the Department of Political Science, Faculty of Arts and Social Science

    in partial fulfillment of the requirements for the award of a Master of Arts in Peace, Religion and Conflict

    Resolution of the Islamic University in Uganda.

    October 2008

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    DECLARATION

    I, Nagudi Judith Nabugyere declare that the information in this Research Proposal is correct. This

    Research work is as a result of my independent investigation and acknowledgment has been given to

    works of others. This research work has not been published and /or tendered for any other degree award

    to any other University before.

    Signed: ...................................

    Candidate

    .......................................

    Date

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    APPROVAL

    This is to certify that Nagudi Judith Nabugyeres Research Proposal titled An Assessment of the Effects

    of Land Conflicts on the Socio-Economic status of the Women in Mbale District is ready for submission

    to the department for examination by the Facultys Higher Degrees committee

    Supervisor: .

    Dr. Nabalegwa Muhamud

    Date:

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    DEDICATIONS

    This work is dedicated to my family.

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    TABLE OF CONTENT

    DECLARATION.............................................................................................................................

    APPROVAL....................................................................................................................................

    DEDICATIONS..............................................................................................................................

    TABLE OF CONTENT...................................................................................................................

    CHAPTER ONE: INTRODUCTION.............................................................................................

    1.1 Background of Study.........................................................................................................

    1.2 Statement of the Problem..................................................................................................

    1.3 The Objectives of the Study:.............................................................................................

    1.3.1 General Objectives:........................................................................................................

    1.3.2 Specific Objectives:........................................................................................................

    1.4 Research Questions...........................................................................................................

    1.5 The Scope of the Study......................................................................................................

    1.6 Significance of Study........................................................................................................

    1.7 The Theoretical Framework..............................................................................................

    CHAPTER TWO: LITERATURE REVIEW..................................................................................

    2.1 Causes of Land Conflicts..................................................................................................

    2.2 Identify land tenure system practiced and how it has affected women.............................

    2.3 Asses the effectiveness of Land Tribunals in disposing land disputes..............................

    2.4 Establish remedies adopted in solving land related wrangles...........................................

    CHAPTER THREE: METHODOLOGY........................................................................................

    3.0 Introduction.......................................................................................................................

    3.1 Research Design................................................................................................................

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    3.2 Study Population...............................................................................................................

    3.3 Sample Size.......................................................................................................................

    3.4 Sampling Techniques.........................................................................................................

    3.5 Data Collection Methods...................................................................................................

    3.5.1 Questionnaires................................................................................................................

    3.5.2 Interviews.......................................................................................................................

    3.6. Data Quality Control........................................................................................................

    3.6.1 Reliability.......................................................................................................................

    3.6.2 Validity...........................................................................................................................

    3.7 Data Processing and Analysis............................................................................................

    REFRRENCES................................................................................................................................

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    CHAPTER ONE

    INTRODUCTION

    1.1 Background of Study

    While there is a large, though inconclusive, literature on the impact of land titles in Africa, little

    attention has been devoted to the study of land conflict, despite evidence on increasing incidence

    of such conflict. Deininger and Castagnini (2004) use data from Uganda to explore who is

    affected by land conflicts, whether recent legal changes have helped to reduce their incidence,

    and to assess their impact on productivity. Results indicate that female-headed households and

    widows are particularly affected and that the enactment of the 1998 Land Act has failed to reduce

    the number of pending land conflicts. The government of Uganda has suggested amending the

    above said Land Act in a bid to resolve the ever emerging land conflicts between the Landlords

    and the sitting tenants. This suggests that, especially in Africa, attention to land-related conflicts

    and exploration of ways to prevent and speedily resolve them would be an important area for

    policy as well as research.

    Land is a treasured resource for development in every respect and at all levels especially in the

    sub Saharan regions, and it has become a source of conflict. Evidence shows that the highest

    numbers of cases registered by Local Council Courts from village level to Sub-county level are

    land related. According to interactions with the Local Council members in Mbale, these cases

    range from unclear boundaries, grabbing, disputes of inheritance to deceased property, sell of

    air (land that is not there) and forceful eviction of sitting tenants by the land lords like those on

    Kakugulu Estates.

    In Uganda, over 80% of its population practice agriculture and these depend on land, this is also

    the case in Mbale District especially in the Bungokho Sub-region unlike in Mbale Municipality

    which is predominately an Urban Place. What should be observed in this region is that land is

    limited due to the high population that has lead to land fragmentation. On a general note, Mbale

    district has an area of 2444.7 square kilometers with an average population of 721,242, at a

    growth rate of 2.8 (Ugandan population and housing census 2002). This population density about

    594 persons per square kilometer. This has led to scarcity of land resource, ending into scramble

    for land, which has developed into conflicts.

    Land conflicts are numerous and historical in evolution. Deininger (2003) observes that, formal

    institutions for land administration were often simply super-imposed on traditional structures

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    without a clear delineation of responsibilities and competences, implying that they lack both

    outreach and social legitimacy. On the historical perceptive, many land conflicts stem from

    customary land ownership patterns, lack of clear land demarcations and this has caused serious

    harm to communities like loss of life.

    In Mbale, land as a natural resource is of vital importance, particularly true of land ownership and

    control. It is still a sign of economic power and social standing. The (Bamasaba) have a motto

    Lweliswa ni Bulamu bwe Bagisu. This implies that land and life are inseparable to the

    Bamasaba. Balunywa (2008:2) also supplement this opinion to land we come, on land we live

    and on land we go.

    Mbale rural households experience land conflicts with relatives, neighbors, landlords, local

    government, and politicians and of which such conflicts have had significant impact on womens

    socio-economic aspects as regards land occupancy, right for ownership and usage. Mugambwa

    (1993: 110) observes that in the centralized and feudalistic kingdoms of Buganda, Ankole,

    Bunyoro and Toro, the chiefs of various grades were appointed and awarded junks of land.

    Similarly in Mbale, power was disposed through territorial or clan chiefs, who played a big role

    in the allocation and distribution of land. Semi Kakugulu estates in Mbale is a testimony, where it

    now occupies part of Mbale Municipality and Namayonyi Sub-county.

    Whereas Mugambwa (2002: 9) asserts that land tenure laws are meant to protect the vulnerable

    members of Society from loss of their access to land for subsistence production, this is not the

    case in Mbale District where land allocation is based on inheritance by the male sex, with no right

    of ownership by the female sex. Statistics at the district indicate that about 13.1% of the female

    legally own land in Mbale. The same is occurring in parts of the western and central region of

    Uganda, women struggle to own land in case their husbands die with male relative (Odongo,

    2006). In Buganda region land belongs to the clan, in case the husband dies the woman has no

    right to sale or use the land without permission from the clan elders.

    Land resources being the backbone of the socio-economic wellbeing of most societies in Uganda

    and Mbale in particular, women have been denied access to its full or partial ownership, despite

    the fact that they are the principal users. Agricultural activities on land is largely carried out by

    women; for growing cash and food crops and little surplus is sold to earn an income for the

    family (Tripp: 2004).

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    Land conflicts have caused painful suffering to women causing death of their husbands in land

    wrangles and also being kicked out of their family land when the husbands die (Wamkuyu: 2008).

    Whereas in the 19th century china had recognized the importance of women in organizing

    agricultural production from household levels (Lea and Chaudhri 1986: 293), this was aimed at

    correcting the imbalance in development of rural areas. However, overtime, the issues of land

    management are being handled lightly. The authorities concerned seem not to be very serious in

    understanding the negative effects of these conflicts on the individuals and the community at

    large.

    The fundamental question at this point is what can be done to prevent the escalating land disputes

    in Mbale District so as to harmonies development in the district? Whether the complainants of

    these disputes have ever been attended to, their satisfaction to enable them regains their land

    ownership, and if not, why is the authority taking time to address such issues? This therefore, has

    prompted this study to be carried out.

    1.2 Statement of the Problem

    Land is a treasured resource by the community. Population pressure, changes in the land laws

    (Land Act 1998, and its subsequent amendments 2007), increasing evictions and industrialization

    and urbanization has created great awareness about land and increasing land conflicts in our

    communities. Despite government intervention measures like amendment of Land law

    (amendment 2007) to resolve the imbalances in Land ownership, Local council, courts of law,

    and police; still land conflicts are on the increase. According to the sub-county Chairperson (LC

    III) - Bufumbo Sub-county, most of the LCs cases handled are land related. In August 2008, 3

    people were killed during the clash on the border boundary between Mbale Budaka as a result of

    land demarcation (monitor). The case is still with the ministry of land to have a clear boundary.

    Kituyi (2006) observes that most of the cases reported in LC courts 85% of them are related to

    land issues). She notes that women are the most affected due to their vulnerability in terms

    funding required legal fees to settle their cases due to low incomes of most women in Mbale. 10

    This study therefore, intends to assess the effects of land conflicts to the livelihood of the women

    in Mbale district. Secondly, there is no sufficient empirical data to show the effect of land

    conflicts on the livelihood of the women in Mbale District and as such there is no basis where

    land conflicts can be handled. Little attention has actually been devoted to the study of land

    conflicts despite evidence on increasing incidences of such conflicts. It is therefore; against this

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    background that the researcher will investigate the effects of land conflicts on the livelihood of

    the people in Mbale district.

    1.3 The Objectives of the Study:

    The study will have both the general and specific objectives

    1.3.1 General Objectives:

    The general objective of the study is to assess the effects of Land Conflicts on the socioeconomic

    aspects of women in Mbale district.

    1.3.2 Specific Objectives:

    Specifically, the study intends to:

    i) Examine the causes of land conflicts in Mbale District.

    ii) Identify consequences of land conflicts that have affected the socio-economic aspects of

    women in Mbale District

    iii) Asses the role of Local Councils (LCs) in disposing land disputes in Mbale District.

    iv) Establish the land tenure system practiced in Mbale district.

    1.4 Research Questions.

    i) What are the causes of land conflicts in Mbale District?

    ii) What are the consequences of land conflicts that have affected the socio-economic aspects of

    women in Mbale District?

    iii) What is the role of Local Councils (LCs) in disposing land disputes in Mbale District?

    iv) What land tenure system is being practiced in Mbale district?

    1.5 The Scope of the Study.

    This study is restricted to assessing the effects of the land conflicts on the socio-economic aspects

    of the women in Mbale District with particular emphasis on the causes of land conflicts,

    consequences and how it has affected women in the district, role of LCs in resolving land

    disputes and also examine the land tenure system practiced and its effects on the socioeconomic

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    aspects of women. It will be limited to the period 2000 to 2008, as delimitation to the scope of

    study for better management and during this period many land conflicts were experienced. This

    period is optimal to have a clear picture of the land conflicts in Mbale.

    The study will be carried out in the 6 (six) sub counties out of 14 (fourteen); Mbale district which

    covers the counties of Mbale Municipality, Bungokho North, and Bungokho South. Mbale district

    is surrounded by the District of Sironko, Bukedea, Budaka, Butaleja, Tororo and Manafwa

    District.

    Land Conflicts Interventions Socio-Economic Effects Land tenure - Government Policies - Loss

    of income Fighting - Police - Low food production

    1.6 Significance of Study

    o The study is intended to establish how land conflicts have affected the socio-economic aspects

    ofwomen in Mbale District.o It may also enhance and build a body of knowledge on the Effects of land conflicts on the

    socio-economic status of women.

    o Besides these the Research is a partial fulfillment leading to the Award of Master of Arts

    Degree in Peace, Religion and Conflict Resolution of Islamic University in Uganda and opening

    up for further future research undertakings.

    1.7 The Conceptual Framework

    Loss of property LCs - Poor housing facilities Inheritance - Courts of law - Marriage breaks

    Displacement - TribunalsLandless Loss of male members - Land Boards - Widow-ship

    Independent Variables Intervening Variable Dependent Variables

    0100090000037800000002001c00000000000400000003010800050000000b02000000000500

    00000c027f02e801040000002e0118001c000000fb021000070000000000bc0200000000010202

    2253797374656d0002e80100005af7fb9d283e110004ee833960e8f3050c020000040000002d01

    000004000000020101001c000000fb02ceff0000000000009001000000000440001254696d6573

    204e657720526f6d616e0000000000000000000000000000000000040000002d0101000500000

    00902000000020d000000320a2d0000000100040000000000e8017e0220241600040000002d01

    0000030000000000

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    In the conceptual framework above, the arrows shows the relationships between the various

    variables. Land conflicts in most communities stem from poor management of the land tenure

    system practiced, loss of male members in a family, inheritance of the deceased properties land

    inclusive, inter-clan/tribal clashes. These are some of the causes of land conflicts and have serious

    effects on the socio-economic aspects on women like loss of income, widow-ship, low food

    production, becoming landless, poor housing facilities, loss contact with families and also

    marriage breaks. On the other hand some of the intervention present like government policies,

    police, LCs, courts of law, land boards and tribunal seem not adequately handle the escalating

    land conflicts in Mbale district. The majority of the population does not have sufficient;

    knowledge, policy implementation procedures and the associated costs have scared most people

    in seeking services of land board and tribunals so as to resolve land conflicts and disputes.

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    CHAPTER TWO

    LITERATURE REVIEW

    2.0 Introduction

    This chapter presents literature related to an assessment of the effects of land conflicts on the

    socio-economic aspects of women. It is divided into four sub-themes; Causes of land Conflicts,

    consequences of land conflicts and its effects on women in particular, and role of LCs in land

    dispute settlement. This chapter gives the researcher an idea about the problem and what others

    have done in the past in order to guide the researcher on how to proceed to investigate the

    problem. The sources of the literature review included the textbooks, Journals, and other relevant

    sources. The aim was to equip the researcher with concepts and variables that can improve her

    understanding of conflicts and their effects.

    2.1 Causes of Land Conflicts

    This sub theme will discuss the causes of land conflicts in communities. Before getting into the

    intrinsic of the causes of land conflicts in communities, one should understand the meaning of

    land and its importance to human beings. Land is defined as an area of ground. The statutory

    definition of land also indicates that the concept of land covers much more than the physical

    portion of the earths surface (Mugambwa, 2006:50).

    International Land Coalition (ILC) (2006:2) asserts that the relationships between land and

    conflict are extraordinarily complex. When it comes to land issues, economics and politics are

    mixed together with traditions, culture, legal systems and public administration. The roots of

    conflicts are numerous, including: structural or historically-based inequalities; economic and

    social policies patterns of growth and development; political or territorial disputes; communities

    in competition with commercial interest, overlapping jurisdiction among government

    departments; former landlords and land reforms beneficiaries; and contradictory regulations, such

    as differences in legal and customary ways of managing or mediating land rights. ILC has

    extensively summarized the probable causes of land conflicts. What it does not point out is how

    this has affected the women, yet land conflicts have a disproportionate impact on women since

    women tend to suffer more than men from weak legal systems, limited institutional capacities and

    traditional/customary practices.

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    Garcia (2005:1) Points that land reform policies recently implemented in southern Africa have

    put the classic debate on land redistribution back on regional agendas at both scientific and

    political levels. Several circumstantial factors have contributed to this political renaissance of

    land reform policies in southern Africa, namely Zimbabwes new radical land reform approach,

    the end of the collapse of the communist regimes in South Africa and Namibia. All these have

    transformed the land issue from apolitical taboo into a sensitive and controversial, but de facto,

    operating policy. Whereas these land reform policies are sensitive by design, they do affect the

    socio economic patterns of life. The motives of these reform are self centered by the perpetuators,

    for instance in Zimbabwe what was seen as a mere change of ownership through land

    redistribution to the blacks affected the societies, at local levels and stretched to affect the entire

    national economy. In Uganda the proposed land reform has sparked off regional resentments that

    are eventually culminating into tribal conflicts.

    Tesfaye (2004:2) comments that there are several cases of environmentally induced disputes and

    conflicts in different parts of the country. Disputes and conflicts arise for example over parental

    land, returnees claiming ancestral or original land, migrants encroaching on indigenous land and

    sharing of common resources(i.e. common grazing , water and forest resources).While there is no

    strong empirical evidence, there is a reason to believe that the frequency and as well as the

    intensity of conflicts have increased over time. In Uganda for instance this has happened in those

    governments gazetted areas like Mount Elgon where there is occupation of the forest park, in the

    North-east the Karimojongs and the Itesots have had endless battles that are sometimes fatal

    because of grazing and water for their animals. 2.2 Identify consequence of land conflicts and

    how it has affected women.

    All land conflicts, no matter how peaceful or violent they are, produce negative consequences for

    individual people as well as for the entire society. Many families across the world have seen their

    shelterstheir homesbeing bulldozed out of existence. And in Africa, many daily experience

    the selling of their property by someone else who also claims to be the owner.

    The social welfare policies adopted by NRM government brought improvement of Uganda

    womens status relative to education, health and nutrition and labour force participation.

    Nonetheless, gender inequities persist. Women still have low political participation; relatively

    few women have access to higher levels of decision making in the public and private sectors and

    violence against women and rights violations have surfaced (Wijayatilake, 2004). Wehrmann

    (2008:22) observes that whenever there is a land conflict, someone suffers economic

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    consequences. In extreme but not rare situations, people find themselves landless and/or

    without shelter. In the case of a farmer, this often includes the loss of his/her production 17 base.

    But thats not all. Where there are many land conflicts, social stability within society is affected,

    as land conflicts undermine trust and increase fear and suspicion often between formerly close

    people such as neighbours and family members. Violent land conflicts or simply the fear of

    becoming a victim of themcan also have a traumatizing effect on those who are or feel at risk.

    In addition, whenever state land is allocated illegally it generally affects the nations budget

    negatively and often results in ecological destruction or social exclusion. Still other consequences

    of land conflicts are unorganized, unstructured land development and the subsequent additional

    costs for infrastructure provision. The costs of these have to be borne by the entire society.

    Tripp (2004: 43) acknowledges that land ownership conflicts have negative effects on individual

    households as well as on the nations economy. They increase costs, slow down investment, can

    result in the loss of property for a conflict party and reduce tax income (land tax,

    trade/commercial tax) for the state or municipality. Conflicts over the use of land generally have a

    negative impact on the poor or on the natural or building environment.

    They either decrease quality of life for parts of society or, if they are addressed and ameliorated,

    contribute to additional state expenditures and therefore have an impact on the national wealth

    (Wehrmann, 2008:42). Land conflicts also increase social and political instability. Where ever

    there occur a lot of multiple sales, evictions, land grabbing etc., people lose confidence in the

    state and start mistrusting each other. Social and political stability suffers even more when land

    conflicts are accompanied by violence. Dealing with land conflicts therefore also means to re-

    establishing trust and confidence in public as well as private institutions. 18

    Kariuki (2005) stress that land conflicts affect different groups in different ways like having a

    stronger impact on the livelihood of the poor than that of the rich, but they also impact differently

    on men and women, urban and rural populations, farmers and pastoralists etc., with groups such

    as squatters, ethnic minorities or orphans being extremely marginalized.

    2.3 Asses the role of Local Councils (LCs) in disposing land disputes.

    Garcia (2005:6) observes that the political pressures and the social imbalances created by the

    skewed distribution of land have led local governments to devote themselves to land

    redistribution.

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    According to Land Act, 1998, Section 98 as amended by the Land (amendment) Act 2007, courts,

    other than High Court, ceased to have jurisdiction over land disputes. Each District, subcounty,

    gazetted urban area must have Land Tribunals (see ss 75, 76, 81, and 82) and all members are to

    be appointed by the judicial service commission.

    Mugambwa (2002:106) observes that the District Land Tribunals have jurisdiction over land

    disputes relating to the grant, lease, repossession, transfer or acquisition of land. They also have

    jurisdiction over amounts of compensation, and hear cases on appeal from sub-county land

    tribunals. Ibid (2002:115) asserts that an unanticipated consequence of the Land Act has been 19

    the short-term adverse impact on the rate of dispute settlement due to failure to activate the land

    tribunals. However, it is reasonable to assume that this has had some adverse economic impact in

    terms of output foregone on disputed land and probably, some increase in the costs arising from

    injury to persons.

    According to a study of the Land Tribunals, the involvement of the Provincial administration in

    land issues continue to work against the aims of the Tribunals (Okuro 2002). The average

    estimated costs required to approach the elders and chiefs, although lower than those required for

    the Land Tribunal and the Court, remain an obstacle for women with severely limited resources,

    which are also those who are most vulnerable to land insecurity and disputes. In conclusion then,

    both the formal and the informal dispute resolution channels are inaccessible to the women who

    are likely to have land disputes because their cost is too high. (Henrysson and Joireman1, 2005:

    18). 2.4 Establish the Land Tenure System Practiced.

    Today in Africa, external and internal forces variously advocate retaining the status quo,

    overhauling the whole system, or amending some aspects of land tenure in light of rapidly

    changing realities. These changing realities range from the interest in creating a market for land to

    the push towards democracy, and from land insecurity to social effects of the HIV/AIDS

    pandemic. The bottom line is that each of these realities is eroding women's precarious land

    rights.

    Uganda is a predominantly agricultural country, and land is the most important resource of the

    people and the country as a whole. Due to the importance attach to land, there is need to 20

    reduce, if possible eliminate future conflicts erupt from time and again, because of the rise in

    population pressure (Breyer et-al 1991).

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    Rugadya (2003) points out that until 1900; the prevalent mode of land tenure in Uganda was

    customary tenure. This meant that customary rules of about 140 major ethnic groupings governed

    access to, utilization of and parting with land in a given ethnic area. Land relations in pre-colonial

    oligarchy in which political power in society was exclusively vested. Security of tenure for land

    users was based on continuous loyalty to that oligarchy. The payment of tribute in the form of

    produce and gifts was norm and a requirement as evidence of that loyalty, mainly in the

    kingdoms of Buganda, Bunyoro, Busoga and Toro.

    However, ibid (2003) further notes that the current land tenure reforms were essentially

    introduced by the 1995 Constitution and operationalised by the Land Act, 1998. That Constitution

    abolished the Land Reform Decree and restored the systems of land tenure that was in existence

    at independence. These were re-stated as customary land tenure, freehold tenure, leasehold tenure

    and Mailo tenure. It made new and radical changes in the relationships between the State and the

    land in Uganda. It declared that land in Uganda would henceforth belong to the citizens of

    Uganda and vest in them in accordance with the land tenure systems outlined above. It set up a

    new system of land administration consisting of Land Boards in every district, Although the

    Uganda Land Commission was re-established, the Constitution made it clear that District Land

    Boards were to operate independently of that Commission and was not subject to the direction or

    control of any person or authority. They were, however, expected to take account of national and

    district council policy on land.

    Marcos (2003:2) notes that ever since the first attempt to record customary land law during the

    colonial period, a tension has persisted between the desire to codify this law in a simple and

    readily identifiable set of rules and the ever-evolving practice of this law, which is based on hotly

    contested traditions. Locally derived meanings attached to land and resources are perhaps best

    understood in terms of a set of rights, and no generalized land codification is likely to reflect the

    complexity and fluidity of this understanding. What is clear is that customary land laws are not

    always readily identifiable or consensually determined. What becomes law reflects the relative

    economic and political power of competing interest groups and individuals. What Marcos does

    not bring out is how the customary laws affected women has socially and economically,

    especially in Mbale where women depend on land for their livelihood.

    Tripp (2000) states that in Uganda, women play a key role in food production, involved in the

    cultivation of cash crops and the value-added processing of food while continuing to ensure that

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    the subsistence needs of their families are met. Until the new Constitution came into effect,

    women were treated as minors under the law, without adult legal status or rights, and in most

    Ugandan communities women do not own land. Although, conveniently enough, women are

    permitted to till the land to produce crops, they have no right to plant perennial crops or use the

    land as collateral unless they secure male permission. Women's labour has become even more

    significant under Uganda's current agricultural policy to expand non-agricultural exports. The

    above situation was comfortably being observed by women, without raising any question on their

    status, until the NRM government came to power.

    Women enjoyed well-defined and inalienable rights to this property attached to their houses, and

    had recourse in law when men violated those rights. Based on this principle, most 22 customary

    courts affirmed that once property had been gifted or assigned to a wife, it could not be taken

    away, and husbands who tried to sell land or transfer it to a new wife were rebuked. Moreover,

    the customary law of succession allowed widows to inherit ownership rights in matrimonial

    homes and land, and to share in the distribution of the deceased man's personal property.

    (Khadiagala 2001: 61)

    Odoki (1992) report of Uganda constitutional commission, argues out that some land tenure

    systems promote Socio economic development better than others. There could then be need to

    contribute a good tenure policy that would ensure a fair and equitable allocation of land among

    the citizens, at the same time preserving its capacity to satisfy the present and future generations.

    Ndeye (2005) observes that, 80% of all legal disputes brought before the courts in Burundi, those

    within the family over inheritance rights feature a higher percentage. Unlike in Rwanda, the

    government promulgated on inheritance law, that gave equal inheritance rights to both males and

    females, children to inherit their parents; land property (Kimonyo, 2005)

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    CHAPTER THREE

    METHODOLOGY

    3.0 Introduction

    This chapter is devoted to the methodology of the study in which the; Research design, sample

    size, sampling techniques, instruments of data collection and methods of data analysis are

    discussed.

    3.1 Research Design

    The study will be descriptive. This will give a clear picture of the study under investigation. A

    qualitative approach will be adopted to produce the descriptive data to assesses the effects of land

    conflicts on the socio-economic status of women in Mbale District 3.2 Study Population The

    study population shall consist of; the three counties viz Mbale Municipality, Bungokho North and

    Bungokho South. Six (6) Sub-counties will be selected from fourteen (14) subcounties in,

    Members of the District and Sub-county Land tribunals, women groups, LCs members in the

    selected sub-counties, and Members of Land Boards and at the District will form the study

    population of this research undertaking.

    3.3 Sample Size

    The table below gives a summary the sample size on the study under investigation. Table of

    Respondents S /no 1 2 3 4 5 Respondent Estimated Total Sampled Size 5 25 30 8 60 128

    Members of District Land Tribunals 5 Members of Sub-county Land 40 Tribunals Women

    Groups Land Board Members Selected Village LCs Totals 50 14 110 128

    3.4 Sampling Techniques

    Random sampling will be used in selecting samples from sub-counties, women groups, Village

    LCs and Members of Sub-county Land Tribunals. The lottery method will be employed in

    selecting the required samples from the Village LCs, Land Board Members. A list of all the

    Village LCs, Members of Land Boards and Tribunals and Women Groups will be drawn, in the

    Mbale District. 3.5 Data Collection Methods Primary data will be collected by use of direct

    personal interviews, self-administered questionnaire, and group discussions.

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    Secondary data will also be employed. Review of the available literature on the effects of land

    conflicts that affect the socio-economic status of women either published or unpublished will

    explored. Journals, Periodicals, newspaper and on-line resources like internet will also form 25

    part of the secondary 3.5.1 Questionnaires The Questionnaire will be the main instrument in data

    collection. Questionnaire is preferred because it could collect information from a large sample in

    a very short time. It is very reliable method as the respondents give objective answers since they

    usually feel free without prejudice when filling them.

    The questionnaires will contain both open and closed-ended items and will be used to collect

    information from the Women Groups, and Members of Sub-county Land Tribunals in Mbale

    District. 3.5.2 Interviews This method will be employed to collect information from Members of

    Land Boards, and Land Tribunals in Mbale District. This is aimed at collecting technical

    application information and challenges facing them in settling land disputes that have culminated

    into serious conflicts affecting many people and particularly the women.

    3.5.3 Focused Group Discussion

    This method will be employed to gather data from Village Local Council Member. This is due to

    their limited capacity to answer questionnaires or have a smooth interview session with them

    because of their low education levels.

    3.5.4 Observation

    This method will also be used in collecting data from the field. Observation will be made from 26

    attending local council courts related to land dispute settlements. Clan sitting will be attended to

    enable the researcher to understand how land disputes arise and are disposed in the traditional

    manner. 3.6. Data Quality Control 3.6.1 Reliability A test-retest method will be used to ensure

    that there reliability in the data collected despite repeatedly use of a particular technique to the

    same object. This will also involve the same measurement more than once thus administering the

    same test repeatedly. 3.6.2 Validity Any measuring instrument is said to be valid when it

    measures what it purports to measure. Measurement of validity will be done through content

    validity whereby the degree to which a measure covers the range of meanings within the study

    will be made. These will include stakeholders participation, dispute settlement mechanisms,

    service delivery and land allocations in Mbale District.

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    3.7 Data Processing and Analysis

    Data will be edited, coded, classified and tabulated with a view of reducing it to manageable

    proportions. SPSS computer software will be employed to analyze data and interpretation in order

    drawn conclusions.

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