abimonthly publication issue 02 march - april 2007 …land reforms have consis-tently hit snags due...

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UGANDA COALITION FOR SUSTAINABLE DEVELOPMENT Nsambya Kabalagala (Towards Nsambya Housing Estates) P.O. Box 27551 Kampala- Uganda Tel: 256-41- 269461 E- Mail:[email protected] Website:www.ugandacoalition.or.ug, www.suswatch.org/uganda A Bimonthly Publication Issue 02 March - April 2007 A Publication of Uganda Coalition for Sustainable Development Towards a national land policy for Uganda: Can it go beyond reforming the Mailo land tenure? L and reform generally denotes gov- ernment measures designed for a relatively equitable redistribution of agricultural land, but actual reform measures can reflect a range of ideo- logical positions. The political nature of reform is difficult to avoid given the effect of changes in land tenure arrangements on the social relations and hierarchies they embody. In Uganda, land reforms have consis- tently hit snags due to the failure to satisfy different Ugandan's needs. According to the Ministry of Lands (2007), Eighty eight per cent of the population lives in the rural areas where densities vary from 226 per- sons per square kilometre in eastern, 176 in central, 126 in western to 65 in northern Uganda. Only 12% of the population lives in urban centers. The largest concentration of these settlements is to be found in the conurbation stretching from Kampala to Entebbe in the Central Region and Mbarara in the Western region. Today, issues around land as a prop- erty but also as a resource that is fun- damental to economic development in Uganda, have remained ‘up in the air’ as the country's population con- tinues to grow, while related interna- tional obligations increase and / or change. A process lead by the Ministry of Lands has since the beginning of 2007 come up with a draft national Land reform: A source unending conflict in Uganda Forceful breakdown of houses/structures may remain if there is no compre- hensive national land policy in place (Courtsey Photo).

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UGANDA COALITION FOR SUSTAINABLE DEVELOPMENTNsambya Kabalagala (Towards Nsambya Housing Estates) P.O. Box 27551 Kampala- Uganda

Tel: 256-41- 269461 E- Mail:[email protected] Website:www.ugandacoalition.or.ug, www.suswatch.org/uganda

Turn to Page 2

A Bimonthly Publication Issue 02 March - April 2007

A Publication of Uganda Coalition for Sustainable Development

Towards a national landpolicy for Uganda: Can it go beyond reforming the

Mailo land tenure?

Land reform generally denotes gov-ernment measures designed for a

relatively equitable redistribution ofagricultural land, but actual reformmeasures can reflect a range of ideo-logical positions. The political natureof reform is difficult to avoid giventhe effect of changes in land tenurearrangements on the social relationsand hierarchies they embody. InUganda, land reforms have consis-tently hit snags due to the failure tosatisfy different Ugandan's needs.

According to the Ministry of Lands(2007), Eighty eight per cent of thepopulation lives in the rural areaswhere densities vary from 226 per-sons per square kilometre in eastern,176 in central, 126 in western to 65 innorthern Uganda. Only 12% of thepopulation lives in urban centers.The largest concentration of thesesettlements is to be found in theconurbation stretching fromKampala to Entebbe in the CentralRegion and Mbarara in the Westernregion.

Today, issues around land as a prop-erty but also as a resource that is fun-damental to economic developmentin Uganda, have remained ‘up in theair’ as the country's population con-tinues to grow, while related interna-tional obligations increase and / orchange.

A process lead by the Ministry ofLands has since the beginning of2007 come up with a draft national

Land reform: A sourceunending conflict in Uganda

Land reform has consistently hit snagsin Uganda. Tension has been aroused

each time the central governments havetried to reform the land laws. Right fromcolonial days, governments have failed tofind a way to satisfy different Ugandans'land needs.

Historical conflict: colo-nial regime;The first move to reform land in Ugandawas witnessed in 1900 when the Britishprotectorate government tabled it. Thiswas this was the preamble of thedebates with the British government atthe centre of the reform to motivate thecultural leaders as a tool of imperial-ism.

Under a series of agreements, bigchunks of land were given several cul-tural leaders in Buganda, Ankole,

Bunyoro and Toro kingdoms. This leftmost people who lived on such landturned into 'tenants.'Efforts have been made under variousregimes to harmonise the situation, butnothing has come out of them.

Post colonial-leadershipreforms;

In 1928, the envujo law was establishedto regulate how the tenants paid rentand tributes to landlords. This lawfavoured tenants in a way that landlordscould not evict them without compensa-tion. Although this was a mean toresolve the land crisis in favour of ten-ants, it caused grave conflict betweenthe central government and landlordsat that time.In 1975, President Idi Amin declared aLand Reform Decree. To Page 2

Forceful breakdown of houses/structures may remain if there is no compre-hensive national land policy in place (Courtsey Photo).

22

Uganda Coalition for Sustainable Development (UCSD) is a Civil Society membership network dedicated to coordinateadvocacy and lobby work around issues and commitments made by world governments towards sustainable development.

Collective actions for UCSD members are encouraged through the five Thematic Groups: Biodiversity; Climate Changeand Energy; Integrated freshwater management; Sustainable agriculture; and Sustainable socioeconomic development.

Towards a nationalland policy for

Uganda

land policy to among otherthings: address the need toenhance the contribution of theland sector in development;land development and its con-tribution to poverty eradica-tion; management of landresources for democratic gover-nance; peacemaking and secu-rity; and land management inrelation to other productive sec-tors. Though these are broaderissues that need to be discussedthrough consultative processes,up to today, the reality is thatcurrent discussion on the devel-opment of a national land poli-cy is centered around tenuresystems. Equally pressing mat-ters like women' rights, land inthe development context, theenvironment, agricultural pro-ductivity have not yet receivedadequate attention. Instead, thedraft national land policydebate is reduced around Mailoland reform: whether to do it ornot?

UCSD's sustainable agriculturethematic group has in thisissue come up with an articleon land reform as a source ofunending conflict in Ugandadriven by the concern that 88%Uganda population lives in therural, practicing largely smallscale agriculture. We thereforethink that the debate should be'salvaged' to allow other reali-ties alongside the mailo landdebate to feature more promi-nently. Short of this, the ratherworthwhile process will leavesome Ugandans out - looking atit as irrelevant to their lives,while in actual fact it holds akey to sustainable developmentand the very future of theirchildren.

UCSD Secretariat P.O Box 27551

Kampala -UgandaTel: 256-41-269461

E-mail:[email protected]

From Page 1

Land reform: A sourceunending conflict in Uganda

This was to convert all mailo land andfreehold into state land on which individ-uals could acquire leases of 49, 99 and 999years. This intensified the conflictbetween the mailo landowners andtenants.

In effect, the Decree moved the security oftenure that had been guaranteed by the1928 busuulu and envujo law. However, theDecree never took effect until PresidentAmin's government was overthrown.

The 1995 Constitution of the republic ofUganda made outstanding provisions vest-ing land in private citizens. However, it didnot adequately solve the historical conflictbetween mailo landlords and tenants. Itnever resolved the issues of tenants thatwere dispossessed by their landlords.These loopholes paved way for manydebates and it was evident that governmentwas in for more problems. Eventually, theLand Act of 1998 was enacted.

The Act was regarded as a ray of hopethat would solve Uganda's land conflictsby taking care of the loopholes in the 1995Constitution. It created lawful tenants onland belonging to landlords by registra-tion and owning titles. This too favouredtenants. However, this created complica-tions because it guaranteed multiple legit-

imacy over the same piece of land. Themultiple claims over land created impass-es, as landlords with titles could not usetheir land while tenants lived on it.

In 2003, the 1998 Land Act was amended.Still, the amendment neither solved theconflict between tenants and landlords norhelped Ugandans know when and how thecentral government can acquire land orlease out public land. The new land policyhas come in the wake of the loopholes inthe 1998 Land Act.

Today's reforms; the birthof a Land policy

In February 2007, the Ministry of Land,Housing and Urban Development present-ed the first draft of the land policy, for pub-lic review and comments. We indeed appre-ciate government's effort to put in place acomprehensive land policy and congratu-late the land-working group in the Ministryof Land, Housing and Urban Developmentfor its achievement so far reached. We hopethat this achievement is sustainable. Thisis because the land policy which is still inits draft form, has given rise to many con-tentious debates; and the issue of mailoland tenure conversion rather reform, hascontinued to be at the centre of numerousconflicts. This issue has reduced theComprehensive Land

UCSD is a Civil Society membership network and thus invitesmore interested organizations to join it. NGOs are mainly underthe REGULAR membership category (any legally registered bodyin Uganda) Membership and subscription fees total to Ugshs 45,000.ASSOCIATE and CORPORATE membership categories also exist.

For more information/ questions regarding updates membership,please contact:

Robert Kugonza / Rebecca Kwagala on Tel: +256- 414- 269461 or

E-mail:[email protected] and [email protected]

Interested to join UCSD as a member?To Page 3

From Page 1

22

Uganda Coalition for Sustainable Development (UCSD) is a Civil Society membership network dedicated to coordinateadvocacy and lobby work around issues and commitments made by world governments towards sustainable development.

Collective actions for UCSD members are encouraged through the five Thematic Groups: Biodiversity; Climate Changeand Energy; Integrated freshwater management; Sustainable agriculture; and Sustainable socioeconomic development.

Towards a nationalland policy for

Uganda

land policy to among otherthings: address the need toenhance the contribution of theland sector in development;land development and its con-tribution to poverty eradica-tion; management of landresources for democratic gover-nance; peacemaking and secu-rity; and land management inrelation to other productive sec-tors. Though these are broaderissues that need to be discussedthrough consultative processes,up to today, the reality is thatcurrent discussion on the devel-opment of a national land poli-cy is centered around tenuresystems. Equally pressing mat-ters like women' rights, land inthe development context, theenvironment, agricultural pro-ductivity have not yet receivedadequate attention. Instead, thedraft national land policydebate is reduced around Mailoland reform: whether to do it ornot?

UCSD's sustainable agriculturethematic group has in thisissue come up with an articleon land reform as a source ofunending conflict in Ugandadriven by the concern that 88%Uganda population lives in therural, practicing largely smallscale agriculture. We thereforethink that the debate should be'salvaged' to allow other reali-ties alongside the mailo landdebate to feature more promi-nently. Short of this, the ratherworthwhile process will leavesome Ugandans out - looking atit as irrelevant to their lives,while in actual fact it holds akey to sustainable developmentand the very future of theirchildren.

UCSD Secretariat P.O Box 27551

Kampala -UgandaTel: 256-41-269461

E-mail:[email protected]

From Page 1

Land reform: A sourceunending conflict in Uganda

This was to convert all mailo land andfreehold into state land on which individ-uals could acquire leases of 49, 99 and 999years. This intensified the conflictbetween the mailo landowners andtenants.

In effect, the Decree moved the security oftenure that had been guaranteed by the1928 busuulu and envujo law. However, theDecree never took effect until PresidentAmin's government was overthrown.

The 1995 Constitution of the republic ofUganda made outstanding provisions vest-ing land in private citizens. However, it didnot adequately solve the historical conflictbetween mailo landlords and tenants. Itnever resolved the issues of tenants thatwere dispossessed by their landlords.These loopholes paved way for manydebates and it was evident that governmentwas in for more problems. Eventually, theLand Act of 1998 was enacted.

The Act was regarded as a ray of hopethat would solve Uganda's land conflictsby taking care of the loopholes in the 1995Constitution. It created lawful tenants onland belonging to landlords by registra-tion and owning titles. This too favouredtenants. However, this created complica-tions because it guaranteed multiple legit-

imacy over the same piece of land. Themultiple claims over land created impass-es, as landlords with titles could not usetheir land while tenants lived on it.

In 2003, the 1998 Land Act was amended.Still, the amendment neither solved theconflict between tenants and landlords norhelped Ugandans know when and how thecentral government can acquire land orlease out public land. The new land policyhas come in the wake of the loopholes inthe 1998 Land Act.

Today's reforms; the birthof a Land policy

In February 2007, the Ministry of Land,Housing and Urban Development present-ed the first draft of the land policy, for pub-lic review and comments. We indeed appre-ciate government's effort to put in place acomprehensive land policy and congratu-late the land-working group in the Ministryof Land, Housing and Urban Developmentfor its achievement so far reached. We hopethat this achievement is sustainable. Thisis because the land policy which is still inits draft form, has given rise to many con-tentious debates; and the issue of mailoland tenure conversion rather reform, hascontinued to be at the centre of numerousconflicts. This issue has reduced theComprehensive Land

UCSD is a Civil Society membership network and thus invitesmore interested organizations to join it. NGOs are mainly underthe REGULAR membership category (any legally registered bodyin Uganda) Membership and subscription fees total to Ugshs 45,000.ASSOCIATE and CORPORATE membership categories also exist.

For more information/ questions regarding updates membership,please contact:

Robert Kugonza / Rebecca Kwagala on Tel: +256- 414- 269461 or

E-mail:[email protected] and [email protected]

Interested to join UCSD as a member?To Page 3

From Page 1

22

Uganda Coalition for Sustainable Development (UCSD) is a Civil Society membership network dedicated to coordinateadvocacy and lobby work around issues and commitments made by world governments towards sustainable development.

Collective actions for UCSD members are encouraged through the five Thematic Groups: Biodiversity; Climate Changeand Energy; Integrated freshwater management; Sustainable agriculture; and Sustainable socioeconomic development.

Towards a nationalland policy for

Uganda

land policy to among otherthings: address the need toenhance the contribution of theland sector in development;land development and its con-tribution to poverty eradica-tion; management of landresources for democratic gover-nance; peacemaking and secu-rity; and land management inrelation to other productive sec-tors. Though these are broaderissues that need to be discussedthrough consultative processes,up to today, the reality is thatcurrent discussion on the devel-opment of a national land poli-cy is centered around tenuresystems. Equally pressing mat-ters like women' rights, land inthe development context, theenvironment, agricultural pro-ductivity have not yet receivedadequate attention. Instead, thedraft national land policydebate is reduced around Mailoland reform: whether to do it ornot?

UCSD's sustainable agriculturethematic group has in thisissue come up with an articleon land reform as a source ofunending conflict in Ugandadriven by the concern that 88%Uganda population lives in therural, practicing largely smallscale agriculture. We thereforethink that the debate should be'salvaged' to allow other reali-ties alongside the mailo landdebate to feature more promi-nently. Short of this, the ratherworthwhile process will leavesome Ugandans out - looking atit as irrelevant to their lives,while in actual fact it holds akey to sustainable developmentand the very future of theirchildren.

UCSD Secretariat P.O Box 27551

Kampala -UgandaTel: 256-41-269461

E-mail:[email protected]

From Page 1

Land reform: A sourceunending conflict in Uganda

This was to convert all mailo land andfreehold into state land on which individ-uals could acquire leases of 49, 99 and 999years. This intensified the conflictbetween the mailo landowners andtenants.

In effect, the Decree moved the security oftenure that had been guaranteed by the1928 busuulu and envujo law. However, theDecree never took effect until PresidentAmin's government was overthrown.

The 1995 Constitution of the republic ofUganda made outstanding provisions vest-ing land in private citizens. However, it didnot adequately solve the historical conflictbetween mailo landlords and tenants. Itnever resolved the issues of tenants thatwere dispossessed by their landlords.These loopholes paved way for manydebates and it was evident that governmentwas in for more problems. Eventually, theLand Act of 1998 was enacted.

The Act was regarded as a ray of hopethat would solve Uganda's land conflictsby taking care of the loopholes in the 1995Constitution. It created lawful tenants onland belonging to landlords by registra-tion and owning titles. This too favouredtenants. However, this created complica-tions because it guaranteed multiple legit-

imacy over the same piece of land. Themultiple claims over land created impass-es, as landlords with titles could not usetheir land while tenants lived on it.

In 2003, the 1998 Land Act was amended.Still, the amendment neither solved theconflict between tenants and landlords norhelped Ugandans know when and how thecentral government can acquire land orlease out public land. The new land policyhas come in the wake of the loopholes inthe 1998 Land Act.

Today's reforms; the birthof a Land policy

In February 2007, the Ministry of Land,Housing and Urban Development present-ed the first draft of the land policy, for pub-lic review and comments. We indeed appre-ciate government's effort to put in place acomprehensive land policy and congratu-late the land-working group in the Ministryof Land, Housing and Urban Developmentfor its achievement so far reached. We hopethat this achievement is sustainable. Thisis because the land policy which is still inits draft form, has given rise to many con-tentious debates; and the issue of mailoland tenure conversion rather reform, hascontinued to be at the centre of numerousconflicts. This issue has reduced theComprehensive Land

UCSD is a Civil Society membership network and thus invitesmore interested organizations to join it. NGOs are mainly underthe REGULAR membership category (any legally registered bodyin Uganda) Membership and subscription fees total to Ugshs 45,000.ASSOCIATE and CORPORATE membership categories also exist.

For more information/ questions regarding updates membership,please contact:

Robert Kugonza / Rebecca Kwagala on Tel: +256- 414- 269461 or

E-mail:[email protected] and [email protected]

Interested to join UCSD as a member?To Page 3

From Page 1

22

Uganda Coalition for Sustainable Development (UCSD) is a Civil Society membership network dedicated to coordinateadvocacy and lobby work around issues and commitments made by world governments towards sustainable development.

Collective actions for UCSD members are encouraged through the five Thematic Groups: Biodiversity; Climate Changeand Energy; Integrated freshwater management; Sustainable agriculture; and Sustainable socioeconomic development.

Towards a nationalland policy for

Uganda

land policy to among otherthings: address the need toenhance the contribution of theland sector in development;land development and its con-tribution to poverty eradica-tion; management of landresources for democratic gover-nance; peacemaking and secu-rity; and land management inrelation to other productive sec-tors. Though these are broaderissues that need to be discussedthrough consultative processes,up to today, the reality is thatcurrent discussion on the devel-opment of a national land poli-cy is centered around tenuresystems. Equally pressing mat-ters like women' rights, land inthe development context, theenvironment, agricultural pro-ductivity have not yet receivedadequate attention. Instead, thedraft national land policydebate is reduced around Mailoland reform: whether to do it ornot?

UCSD's sustainable agriculturethematic group has in thisissue come up with an articleon land reform as a source ofunending conflict in Ugandadriven by the concern that 88%Uganda population lives in therural, practicing largely smallscale agriculture. We thereforethink that the debate should be'salvaged' to allow other reali-ties alongside the mailo landdebate to feature more promi-nently. Short of this, the ratherworthwhile process will leavesome Ugandans out - looking atit as irrelevant to their lives,while in actual fact it holds akey to sustainable developmentand the very future of theirchildren.

UCSD Secretariat P.O Box 27551

Kampala -UgandaTel: 256-41-269461

E-mail:[email protected]

From Page 1

Land reform: A sourceunending conflict in Uganda

This was to convert all mailo land andfreehold into state land on which individ-uals could acquire leases of 49, 99 and 999years. This intensified the conflictbetween the mailo landowners andtenants.

In effect, the Decree moved the security oftenure that had been guaranteed by the1928 busuulu and envujo law. However, theDecree never took effect until PresidentAmin's government was overthrown.

The 1995 Constitution of the republic ofUganda made outstanding provisions vest-ing land in private citizens. However, it didnot adequately solve the historical conflictbetween mailo landlords and tenants. Itnever resolved the issues of tenants thatwere dispossessed by their landlords.These loopholes paved way for manydebates and it was evident that governmentwas in for more problems. Eventually, theLand Act of 1998 was enacted.

The Act was regarded as a ray of hopethat would solve Uganda's land conflictsby taking care of the loopholes in the 1995Constitution. It created lawful tenants onland belonging to landlords by registra-tion and owning titles. This too favouredtenants. However, this created complica-tions because it guaranteed multiple legit-

imacy over the same piece of land. Themultiple claims over land created impass-es, as landlords with titles could not usetheir land while tenants lived on it.

In 2003, the 1998 Land Act was amended.Still, the amendment neither solved theconflict between tenants and landlords norhelped Ugandans know when and how thecentral government can acquire land orlease out public land. The new land policyhas come in the wake of the loopholes inthe 1998 Land Act.

Today's reforms; the birthof a Land policy

In February 2007, the Ministry of Land,Housing and Urban Development present-ed the first draft of the land policy, for pub-lic review and comments. We indeed appre-ciate government's effort to put in place acomprehensive land policy and congratu-late the land-working group in the Ministryof Land, Housing and Urban Developmentfor its achievement so far reached. We hopethat this achievement is sustainable. Thisis because the land policy which is still inits draft form, has given rise to many con-tentious debates; and the issue of mailoland tenure conversion rather reform, hascontinued to be at the centre of numerousconflicts. This issue has reduced theComprehensive Land

UCSD is a Civil Society membership network and thus invitesmore interested organizations to join it. NGOs are mainly underthe REGULAR membership category (any legally registered bodyin Uganda) Membership and subscription fees total to Ugshs 45,000.ASSOCIATE and CORPORATE membership categories also exist.

For more information/ questions regarding updates membership,please contact:

Robert Kugonza / Rebecca Kwagala on Tel: +256- 414- 269461 or

E-mail:[email protected] and [email protected]

Interested to join UCSD as a member?To Page 3

From Page 1

33

Production of this bulletin has been steered by the Sustainability Agriculture thematic group led by Uganda EnvironmentEducation Foundation ( UEEF) ). Others include:Kikandwa Environmental Association (KEA), Uganda Socioeconomic Progress

(USEP), Mukono Rural Development Initiative, Katosi Women Development Association, Christ the King Orphanage Care,Mukono Multipurpose Youth Organisation (MUMYO), Ntenjeru Farmer's Association, Junior Chamber International - Uganda

The Land law and policy debate is sometimes 'heavily laddened and sometimes intimi-date' due to the technical and legal terms used. In order to fully appreciate the on goingland policy debate, one may need to understand these terms withintheir historical con-texts. Below, we attempt to give a quick guide to a few terms that have been used in thisarticle (adopted from the Programme for Land and agrarian Studies - PLAAS and theMinistry of Lands documentation)

Land policy: According to the Ministry of Lands, the policy is a result of the recognition of thecentrality of land in the overall social and economic development process in Uganda ad callsfor the development of an integrated policy for the sector. In addition, it calls for effective inter-linkages between the land and other productive sectors.

Land Reform Decree: This was promulgated in 1975 and made radical changes in respect ofland and property relations by declaring all land in Uganda to be public land. It further provid-ed that access would henceforth be on the basis of leasehold tenure only and vested all landin the state to be held in trust for the people of Uganda, being administered by the LandCommission. The decree also abolished all laws that had been passed to regulate the rela-tionships between landlords and tenants in Buganda, Ankole and Toro. However, the decreewas not fully implemented and remained in the books until 1995 when the new constitution wasenacted. That constitution repealed the decree and restored the systems of land tenure (Mailo,Freehold and Leasehold and customary) that were in existence at independence

Land reform: Land Reform processes have been on going in several sub-Saharan AfricanCountries. Many of these processes aim to transform traditional land holding systems to the'modern' that is easier to market.

Land Act of 1998: Uganda's land law, developed to among other objectives, enhance the landmarket where it did not exist. This law also sought to clarify the content of the various cate-gories of tenure created by the Constitution, provide for the nature and exercise of the policepower of the state, and set out the powers and functions of land boards and tribunals.

Mailo land: This form of tenure was only peculiar to Buganda. It was created by the 1900Buganda Agreement between Her Majesty's Government of Great Britain and the Kingdom ofBuganda. By this agreement, chunks of land were given to some individuals to own in perpe-tuity. The royal family of Buganda received 958 sq miles as private Mailo, chiefs and other nota-bles received 8 sq miles each. Local peasants previously on the land were not recognized andbecame tenants on land and had to pay rent to the Landlord commonly known as "Busulu." Theowner of Mailo land was and is entitled to a certificate of title.

Freehold Land Tenure: This form of tenure also existed in Uganda especially in the Westernpart of the Country. This was a system of owning land in Perpetuity and was set up by agree-ment between the Kingdoms and the British Government. Grants of land in freehold weremade by the Crown and later by the Uganda Land Commission. The grantee of land in free-hold was and is entitled to a certificate of title. Most of this land was issued to church mission-aries and academic Institutions.

Selected key terms in land policy debate

Policy to be only Mailo Landtenure.

Today, once someone talks ofthe new land policy, whatcomes to minds of the majori-ty is the reforming of Mailoland.

Conflicting argu-ments for andagainst the policy

The Buganda Lukiiko hasbeen clear and open; theyhave resolved not to supportthe policy because it under-mines their cultural norms.

Land in Buganda is regardedas a cultural valuable. And,that is why the king is calledSsabataka. Land is the onlyasset most Baganda own andare proud of. So absence ofland may mean no monarchyto them.

The Prime Minister, Prof.Apollo Nsibambi recently toldBuganda Kingdom ministersthat the Baganda in top posi-tions in the central govern-ment like himself, the VicePresident, Speaker ofParliament and ministersown mailo land which wasinherited from their parents.So, there is no way they wouldsupport this clause passed inthe new land policy because itwill affect them too.

The Minister of Lands,Omara Atubo, says that Gov-ernment of Uganda does notintend to grab anybody'sland. He says governmenthas not yet taken its positionon the land policy since itcontains recommendationsmade by experts who are notpart of the government.That, government's objectiveis to make land more accessi-ble for economic develop-ment and poverty eradica-tion. And, mailo land will notbe scrapped but will be'reformed' or 'liberated' so asto address the clarity andcertainty of tenure rightsand the relationship betweenthe occupants and land own-ers in view of the numerousland evictions and stale-mates to clear land to beutilised for investment.To Hon. Erias Lukwago, alawyer and Kampala CentralMember of Parliament, elim-inating mailo land will notwork. To him, it is not possi-ble to have similar landtenure in all regions in thecountry given the differentcultures across the board.Land consultants at UgandaLand Alliance, believe thatalthough the conversion ofmailo land tenure to freeholdis acceptable, it is of no con-sequence as the two tenure

Land reform: A source unending conflict in Uganda

From Page 2

To Page 4

––

Editorial Team: Nicholas Senyonjo -UEEF Erina Nalunga -UEEF Kelvin Nsangi Moses M. Bahati - WeblogicSystems Ltd Richard Kimbowa - UCSD Grace Balikoowa - UCSD Robert Kugonza - UCSD

This Publication has been produced by the Uganda Coalition for Sustainable Development with support from MS Uganda

1.Ministry of Lands, Housing and UrbanDevelopment (January 2007). Drafting the NationalLand Policy. Working Draft 3:http://www.enteruganda.com/brochures/nationalland-policydraft3jan_feb_versionforconsultation.doc

2.The Land and Equity Movement in Uganda (LEMU)is a movement which aims to unite the efforts of localpeople, local Government, local civil society organiza-tions, students, elders, volunteers, and anyone withcontribution to make land work for the poor. For details,visit: http://www.land-in-uganda.org/

3.The Pan-African Programme on Land andResources Rights (PAPLRR) works to develop andarticulate a pan-African voice on land and resourcerights, policies and advocacy, and engage with otherstakeholders at regional and international research andpolicy-making events. This programme provides anopportunity for scholars, practitioners and advocacygroups across Africa to enhance their capacity toengage critically but constructively with these chal-lenges to analysis and action in the interests of the poor.

4.Online discussion on "Financing for genderequality and the empowerment of women" fromJune 18 - July 15, 2007 The online discussion, to be conducted in English,where each of the first three weeks of the discussion willbe devoted to one theme, while the last week will pro-vide the opportunity to raise additional issues and wrapup. The purpose of the online discussion is to contributeto a further understanding of the existing mechanismsand processes of financing for gender equality and theempowerment of women at the national, regional andglobal levels; identify good practices and lessonslearned and highlight gaps and challenges requiring fur-ther action.

The discussion is part of the preparatory process of the52nd session of the Commission on the Status ofWomen (CSW), held 25 February to 7 March 2008,which will consider "Financing for gender equality andthe empowerment of women" as its priority theme. Youcan share your ideas and experiences (for exampleland issues) as an input to further development of glob-al policy in this area.

There are two ways to participate in the discussion. Youmay post a message by clicking the "post message"button on the website or you may reply to the emailmessages sent to the group by the Moderator. More information: http://www.un.org/womenwatch

Resources and events

stature. It is therefore difficult to conceptualise the addedadvantage of engaging in such a huge undertaking. In addi-tion, it will have an implication on land readjustment andredistribution in which enormous amounts will have to becompensated to the landowners with tenants by occupancy.

Article 237 of the 1995 Constitution made outstanding provi-sions vesting land in private citizens who can own land underany tenure systems like; mailo, leasehold, freehold, and cus-tomary. This implies we need the different land tenure sys-tems as laid out in the Constitution. The government shouldonly amend the envujo law to harmonise the landlords and thetenants since these are the cause of conflicts. Call for a broad-er land policy debate.

It is not obvious whether the land policy will end the debatesand conflict surrounding land or intensify them. When theconflict is intensified, there may be need to amend the policy,or enact another law. In the end, it may become difficult forany government to come up with a final law on land.

Therefore, for a final comprehensive national land policy toemerge, UCSD believes that equally pressing matters likewomen and children rights, land in the development context,the environment, agricultural productivity, structures thatneed to be put in place for better land administration and man-agement, the most appropriate documentation system to be putin place for registration (for confidence building) of all landtransactions and land-related international obligations shouldreceive equal attention like the Mailo land reform discussion.The Ministry of Lands, should expeditiously work with themedia and CSO actors to 'plug' this gap.

Land reform: A sourceunending conflict

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From page 3

Bwebajja residents on Entebbe Road watching in disbeliefas their houses are demolished due to land wrangles.(Courtsey Photo)