Uganda High Court Widows' Occupation Orders Under Domestic Violence Act

• Approximately 80% of Ugandan land is held under customary tenure.
• The Domestic Violence Act recognizes economic abuse as a form of domestic violence, allowing widows to seek an occupation and protection order.
• The Succession (Amendment) Act of 2022 explicitly protects the principal residential holding, ensuring a widow's right to her matrimonial home.

To bridge this gap, we must rethink our approach to enforcement. For instance, the Domestic Violence Act offers a vital, underutilized lifeline.

In rural Ugandan homesteads, a familiar scene unfolds every week: a husband dies, and within days, his widow is evicted from the family land she has farmed for decades. This crisis of enforcement is not just about laws on paper; it's about the institutional practices that allow patriarchal customs to override statutory law. The widow, often without a land title or lawyer, is left vulnerable to swift eviction. Her lifetime of contribution and dedication to the household are ignored in favor of her in-laws' claims.

Uganda's Constitution guarantees equality and property rights for women, while the Land Act provides a sharp legal tool: Section 40, which mandates spousal consent and prohibits dealings in family land without it. The Succession (Amendment) Act of 2022, which came into force on May 31, 2022, explicitly protects the principal residential holding, ensuring a widow cannot be lawfully evicted from her matrimonial home. However, these laws on paper do not automatically protect women's rights in practice. In reality, approximately 80% of Ugandan land is held under customary tenure, governed by unwritten norms that often deny women access to land.

To address this crisis, we must rethink our approach to enforcement. The Domestic Violence Act offers a vital lifeline for widows facing eviction. By recognizing economic abuse as a form of domestic violence, the Act allows women to seek an occupation and protection order, securing their physical home while substantive property rights are resolved. This is not just about laws; it's about creating awareness and institutional practices that support women's land rights.

Lawyers and compliance officers should be aware that a widow facing eviction can seek an occupation and protection order under the Domestic Violence Act, securing her physical home while substantive property rights are resolved.

Source: Original reporting via AllAfrica