factor in bestowing entrenched or limited land or soil rights to the holder. The
chapter uses Uganda as a case to demonstrate the relationship between African
feminism, land tenure and soil rights in Africa. The case study method enables the
analysis made to identify the problematic misconceptions about land and soil rights
as constrained by the various land tenurial systems identified in the chapter. Paradoxically, human life cannot be sustained on land without the land right holder
enjoying soil rights. The relationship between land rights of holders and soil rights,
therefore, is intrinsic and mutually reinforcing. It can be clearly understood using the
lenses of African feminism perspective, which explains, albeit in a theoretical
manner, the socio-legal foundations of each of these rights.
Rights to soil basically fall into two categories; jus soli (automatic soil rights
based on birth right citizenship) and jus sanguinius (soil rights based on right of
blood or familial lineage). Jus sanguinius is the prevalent form of soil rights in most
African countries.
2 The discussion in this chapter, therefore, largely hinges on the jus
sanguinius rights, which are tagged to blood or familial lineage a person has at the
time of birth. For instance, children born in Uganda, but whose parents are not
citizens of Uganda, or whose parents are not known to be Ugandan citizens do not
get automatic citizenship and soil rights at birth. They, however, may be presumed to
be citizens of Uganda by birth if up to the age of five, their parents remain unknown.
3
Land tenure systems in Uganda are of two broad categories, those that grant
perpetual interest in land, and hence accord perpetual soil interests to the land holder
and those that grant only limited interest in land, and equally, limited access rights to
the soil.
Citizens of Uganda are entitled to acquire perpetual interest in land and also in
soil under customary, freehold or mailo tenure systems; non-citizens, can only
acquire limited rights to soil, under the leasehold tenure system.
4
The main argument in this chapter is that acquisition of land and soil rights are
important because they bestow firm rights to each of them and entice the rights
holders to sustainably utilize the same. It therefore, becomes important to use a
theoretical framework such as the African feminism to highlight the socio-legal
regime governing land and soil rights, which historically were constructed within the
realm of the ideology of patriarchy, and intended largely favour men, and to a limited
2 See the Constitution of Uganda, 1995, Article 10 which provides: [T]he following persons shall be
citizens of Uganda by birth (a) every person born in Uganda one of whose parents or grandparents is
or was a member of any of the indigenous communities existing and residing within the borders of
Uganda as at the first day of February, 1926, and set out in the Third Schedule to this Constitution;
and (b) every person born in or outside Uganda one of whose parents or grandparents was at the
time of birth of that person a citizen of Uganda by birth.
3 The Constitution of Uganda, 1995, Article 11(1) provides: A child of not more than five years of
age found in Uganda, whose parents are not known, shall be presumed to be a citizen of Uganda by
birth. Article 11(2) provides: A child under the age of eighteen years neither of whose parents is a
citizen of Uganda, who is adopted by a citizen of Uganda shall, on application, be registered as a
citizen of Uganda.
4 Perpetual interests in land and soil accrue to anyone who is, or who becomes a citizen of Uganda,
without discrimination.
134
G. Busingye
chapter uses Uganda as a case to demonstrate the relationship between African
feminism, land tenure and soil rights in Africa. The case study method enables the
analysis made to identify the problematic misconceptions about land and soil rights
as constrained by the various land tenurial systems identified in the chapter. Paradoxically, human life cannot be sustained on land without the land right holder
enjoying soil rights. The relationship between land rights of holders and soil rights,
therefore, is intrinsic and mutually reinforcing. It can be clearly understood using the
lenses of African feminism perspective, which explains, albeit in a theoretical
manner, the socio-legal foundations of each of these rights.
Rights to soil basically fall into two categories; jus soli (automatic soil rights
based on birth right citizenship) and jus sanguinius (soil rights based on right of
blood or familial lineage). Jus sanguinius is the prevalent form of soil rights in most
African countries.
2 The discussion in this chapter, therefore, largely hinges on the jus
sanguinius rights, which are tagged to blood or familial lineage a person has at the
time of birth. For instance, children born in Uganda, but whose parents are not
citizens of Uganda, or whose parents are not known to be Ugandan citizens do not
get automatic citizenship and soil rights at birth. They, however, may be presumed to
be citizens of Uganda by birth if up to the age of five, their parents remain unknown.
3
Land tenure systems in Uganda are of two broad categories, those that grant
perpetual interest in land, and hence accord perpetual soil interests to the land holder
and those that grant only limited interest in land, and equally, limited access rights to
the soil.
Citizens of Uganda are entitled to acquire perpetual interest in land and also in
soil under customary, freehold or mailo tenure systems; non-citizens, can only
acquire limited rights to soil, under the leasehold tenure system.
4
The main argument in this chapter is that acquisition of land and soil rights are
important because they bestow firm rights to each of them and entice the rights
holders to sustainably utilize the same. It therefore, becomes important to use a
theoretical framework such as the African feminism to highlight the socio-legal
regime governing land and soil rights, which historically were constructed within the
realm of the ideology of patriarchy, and intended largely favour men, and to a limited
2 See the Constitution of Uganda, 1995, Article 10 which provides: [T]he following persons shall be
citizens of Uganda by birth (a) every person born in Uganda one of whose parents or grandparents is
or was a member of any of the indigenous communities existing and residing within the borders of
Uganda as at the first day of February, 1926, and set out in the Third Schedule to this Constitution;
and (b) every person born in or outside Uganda one of whose parents or grandparents was at the
time of birth of that person a citizen of Uganda by birth.
3 The Constitution of Uganda, 1995, Article 11(1) provides: A child of not more than five years of
age found in Uganda, whose parents are not known, shall be presumed to be a citizen of Uganda by
birth. Article 11(2) provides: A child under the age of eighteen years neither of whose parents is a
citizen of Uganda, who is adopted by a citizen of Uganda shall, on application, be registered as a
citizen of Uganda.
4 Perpetual interests in land and soil accrue to anyone who is, or who becomes a citizen of Uganda,
without discrimination.
134
G. Busingye