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March 28, 2024, 12:38 pm
Title: | African feminism, land tenure and soil rights in africa: a case of uganda |
Author(s): | Godard Busingye, LL.D |
Year | 2019 |
Publisher: | International Yearbook of Soil Law and Policy, Germany |
URI: | https://publications.kiu.ac.ug/publication-page.php?i=african-feminism-land-tenure-and-soil-rights-in-africa-a-case-of-uganda |
File: | |
Keywords: | African Feminism Land and Soil Rights. |
This article 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.
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