Advocates of alternative dispute resolution argue that informal, communitybased institutions are better placed to provide inexpensive, expedient and culturally appropriate forms of justice. In 1988, the Ugandan government extended judicial capacity to local councils (LCs) on similar grounds. Drawing on attempts by women in southwestern Uganda to use the LCs to adjudicate property disputes, this article investigates why popular justice has failed to protect the customary property rights of women. The gap between theory and practice arises out of misconceptions of community. The tendency to ascribe a morality and autonomy to local spaces obscures the ability of elites to use informal institutions for purposes of social control. In the light of women's attempts to escape the`rule of persons' and to seek out arbiters whom they associate with the`rule of law', it can be argued that the utility of the state to ordinary Ugandans should be reconsidered.
Since the promulgation of Uganda's new constitution in 1995, the Law Reform Comission (LRC) has had the task of revising statutory laws to conform to the new constitution. One focal point has been the drafting of a Domestic Relations Bill. The bill proposes significant changes in women's legal status within the institutions of marriage and succession. Under the new statute, for example, women would gain joint marital property rights over any assets acquired during the course of marriage. Women could use the law to challenge husbands who seek to sell property or shift assets among their wives. The bill also proposes that when a married person dies intestate, the suviving spouse(s) should be appointed administrator to the estate, unless the courts have good reason not to do so. This should facilitate widows who seek to protect their assets from relatives who perceive in death opportunities to grab property. Not suprisingly, publication of the bill generated considerable outrage among men who perceive the extension of property rights to women as a direct threat to a natural social order privileging male authority.
Given the growing scholarly interest in Uganda, we thought it might be useful to provide an update on research conditions in the country and the state of some of the archives. Barrett-Gaines is a historian working on the history of the salt trade in the Great Lakes region while Khadiagala is a political scientist studying the adjudication of women's property rights within the courts of law in Uganda. Barrett-Gaines still resides in Uganda, while Khadiagala completed her research in August of 1997. In disclosing our discoveries, it is our hope that additional use of the resources by both Western and Ugandan scholars will spur interest in preserving Uganda's rich historical record.The first step toward obtaining research clearance is to request affiliation with a research institute or academic department within Uganda. There are several independent research institutions and several universities. The actual clearance process is relatively easy. For social scientists, two possibilities are Makerere Institute for Social Research (MISR) or the Center for Basic Research (CBR). Scholars intending to travel to Uganda should initiate contact with one of these organizations about four to six months prior to arrival to obtain the application forms. Addresses are supplied at the end of this paper.Actual research clearance is granted by the Uganda National Council for Science and Technology (UNCST). The application includes a lengthy (and often redundant) form, a brief research proposal, passport-size photographs, and proof of affiliation. On approval, the UNCST issues a small red book that serves as an identification card and a letter for presentation in each district specified in the research proposal.
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