Challenges and Opportunities in Inheritance Rights in Uganda

Abstract

Ugandan statutory law contains some progressive as well as constraining elements for the protection of spouses’ and children’s inheritance rights. Opportunities exist to address limitations through the revision of Uganda’s Succession Act, and in allocating budget resources to implement provisions of the laws, such as the existing prohibition against evicting a widow or orphaned child from their residence.

Extensive policy advocacy, debate, media coverage and public awareness campaigns have generated important progress on awareness of some laws, which is expected to affect practices, including recognition of the property and inheritance rights of spouses.

Strategic litigation pursued by NGOs has provided judicial precedents for the recognition of women’s property rights that are not yet established in legislation.

Poor progress in the decentralisation of administrative and legal services (e.g. district land tribunals) has stymied implementation of progressive provisions in the law (e.g. Alternative Dispute Resolution mechanisms) leaving NGOs reliant on foreign donor funding to fill in the gaps.

Important opportunities exist in piggybacking on HIV and AIDS outreach initiatives to provide information and advice on inheritance rights and planning.