Af Dr. Wilberforce Kisamba-Mugerwa
En national løsning på jordspørgsmålet er nok den vigtigste nationale opgave for Uganda de næste 50 år. Befolkningstilvæksten gør presset på jord stadig mere kritisk, og et udkast til jordpolitik, der kunne løse konflikter over krav på rettigheder til jord og sætte skub i økonomisk vækst, er i mølpose.
As Uganda celebrates the Golden Jubilee since Independence, the land question remains central at the minds of Ugandans. Land has remained a highly volatile and political issue without a lasting solution.
Blood has been shed by individuals and among ethnic groups due to land use/ownership conflicts. It is even becoming increasingly more critical due to the pressure exerted by the growing population.
A national solution to the land issue may well be the single most important national investment as Uganda enters a second jubilee after independence.
A resource for both the poor and the affluent
Land remains a basic resource for development for both the poor and the affluent. It is important for the capital it provides, an asset that can be used and traded and a critical factor of production.
The problems related to land use and have their roots in colonial administration when land was apportioned to certain categories of the people.
This article serves two purposes: firstly to present the land reforms undertaken in the country in the last fifty (50) years and secondly highlight the importance of land as a critical strategic resource in the socio-economic transformation of Uganda in the next 50 years.
Redistribution no longer adequate
Land reform has to meet more than political objectives and also provide a solid basis for long term economic growth and social integration.
To achieve this set of objectives, ‘land resettlement’ or ‘redistribution’ alone is no longer adequate.
It is more appropriate to plan and invest in a land reform, which involves transforming land distribution patterns, strengthening security of land tenure, and strengthening rural institutions that manage land administration and provide economic services to land users.
In this way, political, economic and social objectives can be met.
Until 1900, the prevalent mode of land tenure in what came to be known as Uganda (in 1962) was customary tenure. Governance of access to, utilization and parting with land in a given ethnic area was by customary rules of about 140 major groupings.
The period 1900 to 1975 had four major tenure systems namely: Mailo, Freehold, Leasehold and Customary tenures. There was also one minor but important tenure system, viz. statutory tenancies in the former kingdoms of Buganda, Toro and Ankole.
Land Reform Decree 1975
It was against this background that the Government of the day decided to attempt a major land reform by issuing The Land Reform Decree, 1975.
This was a major land reform undertaken by Government and it came into force on 1st June 1975.
The Decree vested title to all land in trust for the people of Uganda, to facilitate the use of land for economic and social development and other related matters.
The following are highlights of the changes introduced by the Land Reform Decree:
1. The Decree declared all land in Uganda to be public land, abolished Mailo and Freehold Estates (except for the land held by the Uganda Land Commission). It also converted the estates to leases of 199 years (for public bodies, religious organizations and other charitable organizations) and 99 years (for individuals) with effect from 1st June 1975.
2. Customary tenure on public land was preserved, but a customary tenant became a tenant at sufferance and the land he/she occupied could be leased by the Commission to any person including his/her tenant.
The Constitution of 1995
Uganda’s Constitution, developed through a consultative process in the early 1990s, brought about fundamental reforms relating to ownership, tenure and management of land in Uganda:
Land was vested in the citizens of Uganda; in a corporate sense; as opposed to land being vested in the State;
Customary tenants on public land were empowered to own land occupied by them;
Four land tenure systems namely, customary, freehold, mailo and leasehold were introduced as opposed to the two land tenure systems which had been created by the Land Reform Decree 1975, viz. Leasehold and Customary Tenures.
The Land Act 1998
The 1995 Constitution, while providing the basic principles and framework for land legislation, had left many of the priority issues for land unanswered
.
Chief among these were the rights of tenants on Mailo Land, the status of certificates of customary ownership, and the procedures for conversion of leaseholds and customary holdings to freehold.
Additional concerns over the rights of women and rights over communal areas were added through the advocacy efforts of Non-Governmental Organizations (NGOs) and some donors.
The Land Act 1998 contains very important sections that cover land ownership. The sections deal with land ownership, with control of land use, land management and covers land tribunals.
The weakness of the Land Act 19198
The weakness of the Land Act 1998 and even as amended, is that it created very expensive procedures and institutions which have never been financed by the Government.
Instead of the elders mutually solving land use conflicts the matters are left to the Land Committees which in many cases were not functioning.
As a result the Local Government Councils at the villages and parishes took responsibility but were often challenged and political interference worsens their well intended objectives.
Yet, in practice the peasants are being evicted massively causing conflicts in the communities but also creating stalemates on development.
The worst is that much of the mailo land has been purchased by people of different background who do not appreciate the mailo land tenant relationship.
On the other hand even Government Projects are delayed due to protracted procedures in acquiring land. The Government has to pay upfront before the use of any piece of land for public projects where in most cases the compensation are inflated due to mismanagement of public funds.
Historical injustices persist
As Uganda celebrates the Golden Jubilee it has no any policy or law to address the historical injustices, the colonial legacies, land use and land management issues.
As result according to the draft Land Policy which has been pending for the last ten (10) years, Uganda experiences legal dualism in the property system, a multiplicity of tenure regime, multiple rights and overlapping interests over the same piece of land rights of ethnic minorities’ remains a challenge particularly for Basongola in the Kasese area and other ethnic groupings whose land rights of ethnic minorities as ancestral and traditional owners, users and custodians of various natural habitants are not acknowledged.
The same applies to Pastoral Communities whose survival is still dependant on access to natural resources.
The land rights of women have been mainly constrained by cultural attitudes. Through education and empowering the women this may be gradually overcome.
The vulnerable groups such as the people with disabilities are also exposed to evictions where poverty still prevails. The main unresolved land question is Kibaale land question which arises from historic injustices and colonial legacies.
Draft of National Land Policy
The hope to resolve the land question now lies in the long standing draft of the Uganda National Land Policy, which has been discussed over ten years but never approved.
At least the Uganda National Land Policy identifies the critical areas and suggests the way to address them. The onus is on political will and the capacity to have a viable functioning administrative machinery to handle these sensitive issues.
Records of land titles
The records of land titles remain a challenge for the public to gain confidence in the Government machinery in respect of land management.
The proposed Land Policy suggests to amend the Constitution of Uganda Article 237(1) and the Land Act (Cap 227) to authorize the state to exercise power under the radical title on behalf of the citizens of Uganda.
In that respect the radical title to all land in Uganda shall vest in the citizens of Uganda but the state shall exercise residual sovereignty over all land in trust for the citizens of Uganda.
With that the state shall guarantee all titles to land issued under the radical title on behalf of the citizens of Uganda.
It is emphasized that the state shall exercise the power of public regulation of land use strictly in the interest of social-economic welfare and development.
Related to that, it is also stated that the state shall manage and protect the natural resources held under public doctrine for the common good of all the citizens of Uganda. This is in line with sustainable use of natural resources.
Environmental destruction
While the proposed Land Policy maintains the thrust of social, economic, environmental and political security in respect of all land tenant system, the delay to implement it generates destructive trend of wetlands, public forest reserves and pollution of rivers and lakes threatening sustainable development.
Much as there are statutes governing most of these issues, the inspectorate and enforcement remains very weak.
The extent to which individualism of customary tenure is being made, the recognition and equating of the customary tenure to be par with other Tenure system remains in theory.
It would have protected communal grazing societies of Uganda who are still practicing pastoralism and customary land tenure. Due to population pressure and urbanization, even individuals from those ethnic groups pursue individual land titles.
The supply of land is fixed yet, Uganda’s population continues to grow at an astronomical rate of 3.2% per annum.
The current population is estimated at 32 million in 2012 as is expected to double in about 22 years, thus aggravating land distribution problems. The size of land held by the poor has been diminishing and land is increasingly in the hands of a few.
National Vision 2040
Uganda needed a comprehensive reform two decades ago but has been continuously postponed under the guise of consultation.
Land remains a fundamental dimension of the industrialization question which is at the core of National Vision 2040, which is a Transformed Uganda Society from a Peasant to a Modern and Prosperous Country in 30 years.
The rationale is that once the current problems of land administration and management are addressed the potential of many other sectors like agriculture, tourism, mining, will lead to accelerated growth in the economy.
The National Land Policy in Uganda should be adequate to address the general tenure insecurities. Institutional reforms will need to be part and parcel of the policy. It should defend the poor to accommodate those who for long have been excluded from owing increasingly scarce arable land (woman, youth and ministries).
The reform should also be able to prevent and resolve conflicts over competing claims to land rights, in addition to ensuring the fair administration of land rights and land use regulations.
Climate change has become a global issue that many countries including Uganda are now facing. The policy should take into account the impact of climate change.
The policy should promote adequate physical planning which ought to be at the core of land management.
At the moment there are a number of urban centres which do not portray any physical planning initiative at all.
It should also create a framework conducive to efficient management of the country’s promotion and exploration efforts in the oil and gas industry.
It seems that the land market if supported in terms of proper administrative institutioning, reliable records and data of land together with access to credit it would resolve much of the land distribution problems.
In this respect all people must have equal opportunities in terms of access to education and employment opportunities.
Land market machinary
In light of budgetary constraints and disputes on using public funds on solving some historic imbalances, it’s time to work on a land market machinery to sort out some of these anomalies.
Even when public funding is deployed all will depend on a national efficient land registry system that guarantees titles, provides accurate information and is open to public scrutiny.
The land market in Uganda is rapidly growing but with poor records and in absence of proper land administration at all levels, the land question persists.
References: Government of Uganda: Constitution of The Republic of Uganda (As at February 15, 2000),Government of Uganda: The Uganda National Land Policy (Final Draft March 2011) and The Uganda National Vision 2040.
Dr Wilberforce Kisamba-Mugerwa er formand for Ugandas National Planning Authority. Han er Ph.D. i landbrugsøkonomi, har en stærk baggrund i forskning og er knyttet til Makerere Institute of Social Research. Han var medlem af parlamentet i 24 år, har haft flere poster i regeringen og bl.a. andet været landbrugsminister. Han var den første Chairman of Luweero District Council in Uganda og driver et mindre landbrug i distriktet.
