Base de données Genre et le Droit à la Terre


Autorités traditionnelles et institutions coutumières

  • Since 1995, traditional leaders have been reinstituted in Uganda’s Constitution: “Subject to the provisions of this Constitution, the institution of traditional leader or cultural leader may exist in any area of Uganda in accordance with the culture, customs and traditions or wishes and aspirations of the people to whom it applies” (10).
  • A “traditional leader or cultural leader” is a king or similar leader, by whatever name called, who derives allegiance from the fact of birth or descent in accordance with the customs, traditions, usage or consent of the people led by that traditional or cultural leader (10).
  • In Chapter 16, the Constitution states that “the allegiance and privileges accorded to a traditional leader or a cultural leader by virtue of that office shall not be regarded as a discriminatory practice prohibited under Article 21 of this Constitution; but any custom, practice, usage or tradition relating to a traditional leader or cultural leader which detracts from the rights of any person as guaranteed by this Constitution, shall be taken to be prohibited under that Article (10).
  • Traditional leaders may determine or mediate in disputes over customary tenure. One or both parties to a land dispute may invite the traditional authorities to hear their matter. The Land Tribunal may also advise the parties to use such mediation or may refer the parties to an independent mediator, appointed by the Tribunal, but agreed to by the two parties.
  • The tribunals accept evidence that would not ordinarily be admissible in the normal courts of law (11).
  • The Local Council Court (LCC) is a system created to complement the formal courts with more informal courts; they are designated in every village, parish and subcounty to function as courts. Among other issues, these courts deal with customary law disputes relating to customary marriages, such as the marital status of women and the identification of customary heirs. They might also be called upon to decide on family property upon divorce (11).

Sources:  Les nombres affichés entre parenthèse (*) font référence aux sources énumérées dans la Bibliographie.