An Assessment of the Effects of Land Conflict on the Socio-

Economic aspect of Women in Mbale District

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 2008DECLARATION

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

2
 APPROVAL

This is to certify that Nagudi Judith Nabugyere’s 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 Faculty’s Higher Degrees

committee

Supervisor: ……………………………………….

Dr. Nabalegwa Muhamud

Date: …………………………………

3
 DEDICATIONS

This work is dedicated to my family.

4
 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................................................................................................................

5
 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................................................................................................................................

6
 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

7
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

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

women’s 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

8
land1. 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). 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

1 The East African Standard 20th April 2002

9
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 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 socio-

economic 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.

11
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 socio-

economic 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.

12
Land Conflicts Interventions Socio-Economic Effects
Land tenure - Government Policies - Loss of income
Fighting - Police - Low food production
1.6 Significance of
Loss of property Study
- LCs - Poor housing facilities
Inheritance - Courts of law - Marriage breaks
Displacement - Tribunals
o The - Landless
study is intended to establish the how land conflicts have affected the
Loss of male members - Land Boards - Widow-ship
socio-economic aspects of women 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

Independent Variables Intervening Variable Dependent Variables

0100090000037800000002001c00000000000400000003010800050000000b02000000000500

00000c027f02e801040000002e0118001c000000fb021000070000000000bc0200000000010202

2253797374656d0002e80100005af7fb9d283e110004ee833960e8f3050c020000040000002d01

000004000000020101001c000000fb02ceff0000000000009001000000000440001254696d6573

204e657720526f6d616e0000000000000000000000000000000000040000002d0101000500000

00902000000020d000000320a2d0000000100040000000000e8017e0220241600040000002d01

0000030000000000

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

13
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.

14
 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
15
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.

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 Zimbabwe’s 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
16
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 shelters – their homes – being 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

women’s 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 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 that’s 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 them – can 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 nation’s 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 nation’s 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.

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, sub-

county, 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).

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 Uganda can be looked at in three ways: Feudalism, where access to land was

controlled by an 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.

21
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 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)

23
 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) sub-

counties 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.

24
3.3 Sample Size

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

Table of Respondents

S Respondent Estimated Total Sampled Size

/no
1 Members of District Land Tribunals 5 5
2 Members of Sub-county Land 40 25

Tribunals
3 Women Groups 50 30
4 Land Board Members 14 8
5 Selected Village LCs 110 60
Totals 128 128

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.

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.

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.

27
 REFRRENCES
Asiimwe .J. and E. Nyakoojo (2001): A study of women’s land rights in the districts of Pallisa

and Kapchorwa, Kampala, Uganda land Alliance and Action Aid Uganda.

Bassett, T.J (1993), introduction. Land in Africa Agrarian systems. Maidson, University of

Wisconsin press.

Bosworth, J.L (1995) Land tenure systems in sub- Saharan Africa. Faculty of social studies.

Oxford, Oxford university.

Bruce J.W (2000). African Tenure models at the turn of the century. Individual property models

and common property models. Land reform, land settlement and co-operatives 200011:16-27.

Devninger, K(2003). Land policies for Growth and poverty Reduction. Oxford, World Bank

and Oxford University press. Widows in African societies. ‘Human Rights Quarterly 24(2):424-

486’

Gopal, G. (1999) Gender – Related legal Reform and Access to Economic Resources in Eastern

Africa. Washington. D.C, World Bank.

Gray, L and M. Kerane (1999). Diminished Access, Diverted Exclusion; women and land

tenure in sub-Saharan Africa. African studies Review 42(2): 15-39.

Khadiagala, L.S (2001), Failure of popular justice in Uganda: local councils and women’s

property Rights.” Development and change 32:55-76

Khadiagala, L. S (2002), “justice and power in the Adjudication of Women’s property Rights in

Uganda.Africa Today 49(2):101-121.

Kiguta J.(1992), Law Disputes in Uganda: An overview of the types of land disputes and the

dispute settlement for a Kampala, Makerere institute of social Research, Makerere university

and Madison: land tenure center, university of Wisconsin –madison.

28
Mitchell, C.R (1981), The Structure of International Conflicts. London Macmillan press ltd.

Muganbwa John. T,(2002), source book of Uganda’s land law. Kampala fountain publisher’s

ltd.

Mugambwa john T (2006): principles of land law in Uganda. Kampala; fountain publishers ltd.

Okumu wengi,J. (1996): Dispossession and management of common property: women and

inheritance in East Africa. International Association for the study of common property,

university of California Berkeley.

Tekhe T. (2002): women’s access to land and property rights in Eritrea towards good practice;

women’s land and property rights in situations of conflict and reconstruction.

Trot, E.S (1994): Rural Africa land markets and access to agriculture land: The central region

of Uganda. Madison, university of Wisconsin.

West, H.W (1972): Land policy in Buganda. Cambridge: Cambridge university press.

Willy L.A (2000). “Land tenure reform and the balance of power in Eastern and Southern

Africa.” Overseas Development Institute.

Nampala (The New Vision, Tuesday, Aug. 26.2008; 8)

International Land Coalition Land Related Conflicts. A policy Brief: International Conference

on Agrarian Reform and Rural Development, March 2006, Porto Alegre, Brazil.

Teklu Tesfaye FSS Panel on environment and conflicts at the Second International Conference

on the Ethiopian Economy, June 2004

Kituyi Zaituni (2006): PhD thesis

Lea D. A and Chaudhri D.P. (1986): Rural Development and the State; Contradictions and

Dilemmas in Developing countries. University Press, Cambridge. UK.

29
Zenebeworke T. Marcos (2003): Revisiting customary institutions and gender relations: a

daunting challenge. Paper presented at International Women’s conference. Cape Town, South

Africa.

Tripp, A.M. 2000. The politics of women's rights and cultural diversity in Uganda. Paper part of

UNRISD's work for the Beijing +5 review: Gender justice, development and rights:

Substantiating rights in a disabling environment.

Khadiagala, L.S. 2001. The failure of popular justice in Uganda: Local councils and women's

property rights. Development and Change, Vol. 32

Rugadya Margaret A. (2003): Current status and challenges in the land Reform process in

Uganda: An NGO perspective; Paper Presented at International conference on Land. 5th –7th

MAY 2003, Cape Town.

Wehrmann Babette (2008) Land conflicts a practical guide to dealing with land disputes.

Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) Eschborn, Germany.

30