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Achieving Sustainable Land ownership and Land use Conflict Management in Uganda
| Content Provider | Semantic Scholar |
|---|---|
| Author | Ahumuza, John M. Vianney |
| Copyright Year | 2014 |
| Abstract | This paper explores land ownership and land use conflict management in Uganda.The author builds an argument that supports the view that a proper management of land ownership and Land use is vital for managing emerging conflicts. It highlights land ownership and Reform in Uganda focusing on a historical perspective.The author further focuses on Land related conflicts in Uganda. Specific attention is put on the progress towards land reform and sustainable use.The last part of the discussion ends with fostering sustainable land ownership conflict management. Recommendations aimed at creating sustainable peace in land ownership and land use in Uganda are also brought forward. Introduction on Land as a major factor of production In the production process, there are a number of four factors considered vital.These include; land, labour, capital and entrepreneurship. Land is the primary factor of all production processes (Lipsey et al, 1992).Land has been defined, by different scholars and practitioners, in several ways, both narrow and broad.The Economists (Lipsey et al 1992, & David,1992), noted that land refers to all those gifts of nature, such as soil, forests and minerals, commonly referred to as natural resources.According to the National Land Use Policy document (NLUP 2007), land refers to soil, landforms, geology, climate and hydrology, the plant cover, and fauna, including insects and micro organisms.Thus it comprises all the elements of the physical environment. These definitions indicate that land is an economic resource which is important in production and distribution processes. Indeed, both Lipsey et al (1992) and NLUP (2007), concur that not much can be done except when the producers of wealth use land in their production processes.However, its supply is perfectly inelastic.This means that its total availability does not increase or decrease.As the population increases, there is an increased demand for land despite the fact that its supply remains unexpanded. This often results into acute competition which renowned Economist Tom Malthus theorized would escalate into what he referred to as a population trap (David,1992).Consequently, individuals’, families’, communities’ and governments’ interests in land ownership may clash.Besides, various interest groups could have differing rights over the use of land. The rich may buy it faster than the poor land owners.They may seek to displace them in their effort to develop such land, resulting into conflict.It is only when conflicts are not efficiently managed that they produce disastrous effects (Maicibi,2003).This means that comprehensive measures for protecting the poor in accessing land are vital in land ownership and land use conflict management. Land ownership and Reform in Uganda: Historical perspective In Uganda, land relations have been guided by existing tenure systems.The Pre-colonial Ugandan societies did not have common land tenure systems.These variations in land tenure systems ranged from state to stateless societies.For instance Mugambwa 2002, notes that land in pre-colonial Buganda Kingdom was customary owned.This ownership included four categories of rights of control over land namely:The Obutaka ( rights of clans over land), Obutongole( rights of the Kabaka and the Chiefs), Obwesengeze ( Individual hereditary rights) and Ebibanja ( peasant rights of occupation).This land tenure structure greatly influenced how land was to be used with an aim of mitigating conflicts. It should however be observed that Semifeudal structures of land rights were replicated in other pre-colonial kingdoms in Uganda such as Ankore, Toro and Bunyoro .In other decentralized pre-colonial societies like Kigezi, Acholi, Lango and Sebei, land was customary owned. This type of ownership enabled individuals to posses and use land in line with community expectations.This greatly promoted land use and ownership while checking related conflicts. At the time of Uganda’s independence in 1962, four categories of land tenure systems existed: The Mailo land, freehold, lease hold and customary tenure.In illustrating the nature of these tenure systems Mugambwa (2006) observes that Mailo land basically worked in Buganda and accrued from the 1900 Buganda agreement.In case a Mailo land owner allowed a “Kibanja” occupant peasants to use their land, these were deemed to pay fixed annual rent. At no time was the landlord granted permission to evict a Kibanja owner except when land was required for a public purpose or in case such a person abandoned his plot of land. Freehold tenure systems were applied in Ankore and Toro Kingdoms following the 1903 Crown Lands Ordinance.The British also issued adjudicated freehold to a small number of people and churches or religious institutions. The areas of Kigezi, Bugisu and Ankore were subjected to adjudicated freeholds.This scheme of issuing individual titles was widely accepted because of population pressure and land use disputes at a time (Murindwa-Rutanga,2007). Lease hold tenure was drafted in relation to the 1969 Public Land Act. This enabled individuals to acquire lease on public land. Customary ownership was left open with occupants of such land having no protection against evictions except compensations for some developments on such land like buildings and crops.The Public Lands Act of 1969 however, granted protection to occupants of customary land. In 1975, President Idi Amin Dada pronounced The land Reform Decree which abolished the land tenure systems in Uganda by declaring all land as Public Land.The Uganda land Commission was established specifically to handle issues of land on behalf of the state. This step in away removed the legal protections customary tenants had enjoyed under the 1969 Public Land Act.All mailo ownership, which existed immediately before the enactment of the decree, was converted into leasehold for a period of 199 years for public bodies and 99 years for individuals.The Decree altered the fundamental legal status of tenants by abolishing a number of laws that provided for prudent ownership of land including; the Busuulu and Envujju Law of 1927, the Ankole Land lord and Tenant Law and the Toro landlord and Tenant law of 1937. The next step in Uganda’s land reform system was the promulgation of the 1995 Constitution that pronounced itself on issues of land tenure policy.Article 237 of the Constitution recognizes the right of citizens to own and use land. Despite these assurances, land ownership and use in Uganda has continued to be a source of conflict hence the need for an inquiry into how best sustainable land ownership and use can be realized without conflict, irrespective of differing interests. Land related conflicts in Uganda The experience of escalating land conflicts in Uganda stem from the colonial era.A good example of this fact can be traced in the history of Buganda Kingdom and its relationship with the then Uganda.The 1900 Buganda agreement with the British created a new land tenure system of crown land and Mailo land.However by the time of independence in 1962, the Buganda land question was not properly resolved.Buganda was rather fussed with other societies to form the Republic of Uganda.Tensions of land ownership between the central government and Buganda Kingdom have persisted even today with the later accusing the former of illegally occupying part of Mailo land.More is needed like the case of Cameroon for the Ugandan government to ensure full transfer of Mailo land to Kingdom authorities to mitigate land ownership conflicts.For this to be realized there must be political will from the central government.Because of its central location, Buganda Kingdom has been a hot bed of massive land investments. However this has been at the expense of “Bibanja” owners since many lack land tittles.Strict control and procedures of issuing of land tittles must be ensured to protect these tenants.This process is often undermined by corruption in land boards that results into issuing of false land tittles that further fuels land ownership conflicts. Northern Uganda was engaged in armed conflicts between the Lord Resistance rebels led by Joseph Kony who is still at large and the government of Uganda since the 80’s.This conflict resulted into Mass displacement that began in 1996, when the government ordered civilians into camps, in most cases without prior discussion with host communities.A second round of government-organised displacement took place in 2002.The camp population was estimated at around 1.5 million at a time, including the existing inhabitants of the land where the camps were situated. Since the host populations lived in the same camps, and had limited access to land, they were also generally considered to be Internally Displaced Persons (IDPs). With the end of the war in northern Uganda, the IDPs were ordered to return to their original land.Land in northern is majorly communally owned.The very first group’s resettlement was based on clan ties.Challenges came in later especially for the people born during the war time since most of them lost their parents with vital information about their land. Additionally, those that had stayed for long in urban areas and belonged to the young generation lacked protection in relation to identifying exactly where their parents lived.In case such areas were identified but already occupied by earlier returnees, such people lacked money to enable them seek for justice ending up exploited.However the government has empowered Local councils and courts to handle cases related to land, but these have not been active. Also the death of older people during war who could have provided vital information on land in their areas has become a challenge. This has greatly fuelled land ownership conflicts in northern Uganda.As (Andrew, 2009) noted, enforcing property rights and resolving ownership disputes can be an incredibly complex endeavor, one with policy as well as legal dimension |
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| Alternate Webpage(s) | https://ucudir.ucu.ac.ug/bitstream/handle/20.500.11951/77/Ahumuza_Achieving%20sustainable%20land%20ownership_2014.pdf?isAllowed=y&sequence=1 |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
