Uganda Land Alliance

ACCESS TO LAND JUSTICE:Why You may Fail

Quarterly Newsletter Issue 13, July 2013

INS

IDE

• KaloliTabuta’scomplexsearchforjustice

• Canyouexecutethatcourtorder?

• Isequalitybeforethelawachievable?

• Wordsofjudges• Successstory

President Yoweri Kaguta Museveni appointed seven judges to the land division of the High Court in Kampala, a move that is anticipated to reduce

the case backlog. The appointments announced on May 17 took effect on July 15, 2013. Today, the land division has eight judges and two assistant registrars namely:1. Hon Justice Wilson Kwesiga (Head of

Division)2. Hon Justice Mike Chibita (Deputy

Head of Division)3. Hon Justice Owiny Doro4. Hon Justice Andrew K Bashaija5. Hon Justice Monica Mugenyi6. Hon Justice Damalie Lwanga7. Hon Justice Eva Luswata 8. Hon Justice Elizabeth Kabanda9. His worship Alex Ajiji (Assistant

Registrar)10. His worship Festo Nsenga (Assistant

Registrar)

However, Justice Mike Chibita was recently appointed Director of Public prosecution by the President.

For years, the division had only three

Members of Uganda Land Alliance approved a new strategic plan to guide its operations over the next five years.

The four strategic goals of the plan include: influencing protection and enforcement of land rights of the poor and vulnerable; influencing policy through advocacy; improving land rights administration; and improving land resources management. ULA intends to address challenges in the land sector such as legal dualism in property systems and diversity of tenure regimes, inefficiencies in land administration, and customs that violate the land rights of vulnerable groups and

Dear Reader,Welcome to the second edition of the Uganda Land Alliance newsletter

focusing on access to land justice.

In this issue, your writers share with you court processes and technicalities which make access to justice almost impossible for some sections of society.

Read about 80-year-old Kaloli Tabuta whose land, worth billions of shillings, is at the centre of a seven-year long court battle that has involved more than 10 judicial officers, 15 law firms, 5 courts, the Law Council, ministry of lands, Attorney General and police, among others. Will he live to see justice done?

We talked to judges in the High Court and bring you their opinions on why justice is not easy to come by in land matters.

We bring you an analysis of why you may never see real justice even after winning a court battle. An advocate shares the challenges in executing a court order.

Enjoy your reading.Proscovia NnamulondoEmail: proscovia@ulaug.org

Editor’s WordIn brief

High Court Land Division gets more Judges

judges namely Justice Joseph Murangira, Justice Opio Aweri and retired Justice Ann Magezi before being joined by Justice Passy Tuhaise and Justice Solome Bbosa. Justice Solome Bbosa and Justice Opio Aweri have since been appointed judges of the Supreme Court while Justice Joseph Murangira was transferred to the criminal division of the High Court.

According to the Assistant Registrar, His worship Alex Ajiji, there is hope that the new team will go a long way in clearing the case backlog, which has been a challenge to the division for years. He said the current number of judges in the division is considered adequate and called for facilitation to enable them and other staff to execute their mandate.

Ajiji is grateful to Uganda Land Alliance for fostering frequent interaction between the judiciary and stakeholders, which is resulting into improvements in the delivery of justice. He singled out the first ever bar bench interaction in land matters which attracted over 250 lawyers.

ULA gets new Strategic Plan, new Board Members

2 ULA • Quarterly Newsletter • Issue 13, July 2013

individuals.

At the Annual General Meeting that took place in May, members held elections which ushered new members to the Board of Directors. These include Mr Richard Mugisha (treasurer) from Participatory Ecological Land Use Management, Ms Christine Adong (member), an advocate, Ms Penninah Zaninkah (member) from United Organisation for Batwa Development in Uganda, and Ms Jennifer Ochwo (member). Mr Richard Sewakiryanga, Ms Agnes Kirabo and Ms Marren Akatsa Bukatchi retained their positions as chairperson, vice chairperson and board member respectively.

For lack of a stronger word, the land case involving 80-year old Kaloli Tabuta and more than 20 others is simply complex. It arose in 2006 and has drawn in more

than 10 judicial officers, 15 law firms, 5 courts, the Law Council, ministry of lands, Attorney General and police, among others. Along the way, courts have handled 7 civil suits, 2 appeals, 19 applications and numerous criminal cases arising from the dispute over 25 acres of land located on Kyadondo Block 222, plot 96 at Namugongo Kimbejja, about 14km from Kampala city centre. After seven years of vigorous action by concerned parties, the case is still ongoing in the High Court.

Origin of the caseIn a small swamp located on the now disputed land in Kira Town Council, Wakiso district, Steven Lubega, son to Kaloli Tabuta, made bricks for sale but lacked the firewood to burn them in a kiln. In what seemed to be a not-so-dangerous move to him, Lubega stole his father’s certificate of title and mortgaged it with a moneylender for shs300,000 (about USD118) to buy firewood. By the time Tabuta realized that his certificate of title was missing, the land had been subdivided and registered in different names of people he did not know.

Tabuta, with the help of local politicians, hired a lawyer who successfully engaged the ministry of lands and the certificate of title was reverted into his name in March 2007. This marked the beginning of a protracted court battle that is still raging.

Transactions on the landBetween September and November 2006, the land was transferred from Tabuta’s name to Richard Mulumba, Kakooza Wood, and Drobagu Company Limited, which was incorporated on 5th October 2006. Transfer

Kaloli Tabuta Vs Benedicto Kalongoli Iga & 5 others

The Complex search for Justiceforms indicate that Mulumba bought the land from Tabuta at shs5 million, which Tabuta denies. Mulumba donated it to Kakooza as a gift who, in turn, sold it to Drobagu at shs230 million. Between 2006 and 2010 the certificate of title was changed 10 times. The subdivided land now comprises plots 2099, 2352, 2287 and 2288.

Transfers/changes on the Certificate of Title• 20th March 1957 – Benedicto Sajjabi

(Kaloli Tabuta’s father) • 20th July 1995 – Kaloli Tabuta• 5th September 2006 – Richard

Mulumba• 12th October 2006 – Kakooza Wood• 13th November 2006 – Drobagu

Company Limited• 10th March 2007 – Kaloli Tabuta• 6th August 2007 – Kaloli Tabuta

(1.619 hectares)• 6th August 2007 – J. Mulaya• 25th January 2008 – Drobagu

Company Limited• 24th April 2009 – Kaloli Tabuta • 24th April 2009 - Drobagu Company

Limited• 27th April 2010 - Drobagu Company

Limited

Court suitsAfter cancelling the certificate of title in favour of Kaloli Tabuta in March 2007, Drabagu sued Tabuta, the commissioner for land registration and the Attorney General for wrongful cancellation. Different cases emerged out of the suit leading to arrests, court injunctions, decrees and applications. Other cases were filed in at Kira and Buganda road courts. Over the past seven years, Kaloli and Drobagu have filed counter suits while lawyers and judicial officers have traded accusations alleging unethical conduct. The principal

judge, Law Council, Police Standards Unit and the Inspectorate of Government have been petitioned to investigate/discipline individuals and entities involved in the case.

Suits • Civil suit no. 91 of 2007 • Civil suit no. 443 of 2007• Civil suit no. 102 0f 2011• Civil suit no. 205 of 2011• Civil suit no. 102 of 2012• Civil suit no. 105 of 2012• Civil appeal no. 104 of 2012• Civil appeal no. 105 of 2012• Criminal case GEF2123 of 2011

Miscellaneous applications• 17 0f 2007• 165 of 2007• 166 of 2007• 536 of 2008• 189 of 2008• 90 of 2009• 26 of 2011• 75 of 2011• 254 of 2011• 255 0f 2011

• 256 of 2011• 420 of 2011• 30 of 2012• 44 of 2012• 234 of 2012• 235 of 2012• 293 of 2012• 294 of 2012• 414 of 2012

Courts involved• Court of Appeal• Kampala High Court (Land division)• Nakawa High Court• Buganda road magistrates court• Kira magistrates court

3ULA • Quarterly Newsletter • Issue 13, July 2013

Part of the disputed land which borders the housing estate in the background

Kalori Tabuta

Judicial officers involved • Hon. Lady Justice Faith Bessy

Mwondha• Justice Ruby Opio Aweri• Hon. Mr. Justice Joseph Murangira• Her worship Sylvia Nabaggala• His worship John Arutu• His worship Erias Kisawuzi• His worship A.G. Opifeni• His worship Muse-Musimbi• Justice Mukanza (deceased)

Lawyers/law firms involved• Kaheru and Basalirwa Company

Advocates• Nyanzi Kiboneka and Mbabazi

Advocates• Kajeke, Maguru and Company

Advocates• Nsibambi and Nsibambi Advocates• Jombwe and Company Advocates• Nanfuka and Company Advocates

(declared non-existent by Law Council)

• Percy Aubrey Wadid Advocate• Serwadda and Company Advocates• Lukwago and Company Advocates• Tebusweke Mayinja, Okello and

Company Advocates• Tumwesigye, Baingana and Company

Advocates• Akampumuza and Company

Advocates• Nyangoma and Company Advocates• Hamza Sebuta and Company

Advocates• F. Mukasa and Company Advocates

Parties involved• Kaloli Tabuta and his seven children • Kabogoza Mutwalib• Drobagu Company Limited• Sebunya Amos (deceased)• Benedicto Kalongoli Iga• Zimbe Sebalamu• Luboyera Wilsons• Commissioner Land Registration• Attorney General• Richard Mulumba• Kakooza Wood• J. Mulaya• Resty Kiguli Nakayenga• Mamerito MugerwaOthers involved• Police land protection division• Police Standards Unit• Law council• Principal Judge (petitioned for

disciplinary action)

the land case to the attack although none of them was prosecuted by the state.

Inheritance disputeOn 17th June 2011, the commissioner for land registration, Sarah Kulata Basangwa, summoned Tabuta to the ministry of lands over a complaint lodged by one Benedicto Kalongoli Iga, claiming ownership of the disputed land. Kalongoli had presented letters of administration issued by High court on 9th February 2011, indicating that he is the only true son of the late Benedicto Sajjabi, hence challenging Tabuta’s parentage and rights over the late Sajjabi’s property. The claim became another subject of contention in court and has not been successfully resolved though court once declared Kalongoli fictitious and nonexistent.

Amalgamating casesActing on the advice of Justice Joseph Murangira, Tebusweke applied to court to amalgamate all the cases into one which was granted. All civil suits that arose from the matter were amalgamated into civil suit no.102 of 2012 before High court sitting at Nakawa. However, the amalgamation is also being contested by other parties to the case.

Current situationToday, Tabuta is being accommodated by a good samaritan in a remote village west of Kampala. His prayer is to return to the land, worth billions of shillings, to start a new home. His children are renting houses around Kyaliwajjala since their homes were razed down. New structures are slowly cropping up on the land under the watchful eye of plain cloth guards.

Other cases arising out of the dispute• Murder• Attempted murder• Theft• Fraud• Malicious destruction of property• Impersonation• Disturbing the peace of the dead

Murder and attempted murderIn 2007, stout young men attacked Tabuta’s family in the wee hours of the morning and destroyed nine houses belonging to himself and his children. Ten graves of Tabuta’s children and grandchildren were dug up and human remains exhumed. To date, he does not know where the remains were taken. His daughter, Nalaki Filista, was reportedly assaulted in the scuffle leading to her death seven days later. This happened a day after the arrest and detention of four of Tabuta’s sons under unclear circumstances. Sources privy to the case allege that the moneylender, Sebunya Amos, who was suspected of conniving with others to defraud Tabuta of his land was poisoned.

In a separate incident, on 30th November 2009, Tabuta’s lawyer, Tebusweke David Mayinja of Tebusweke Mayinja, Okello and Company Advocates, was attacked with acid which severely burnt him and his wife. His wife completely lost sight on top of the large rumpled scars the two sustained on their bodies.

Tebusweke says that nine days before the incident, a party to the conflict offered him a cash bribe of shs50 million to withdraw from the case, which he rejected. He adds that circumstantial evidence linked adversaries in

4 ULA • Quarterly Newsletter • Issue 13, July 2013

BELOW: Newly constructed houses on the disputed land. In the background is a prime housing estate adjacent to the land

RIGHT: A structure that was built to house guards protecting the land. It replaced houses that belonged to Tabuta and his children

A signpost erected on the land by one of the parties involved in the dispute

1. Hon. Mr. Justice Joseph Murangira – former Head of Land Division, Kampala High Court

2. His Worship Festo Nsenga – Assistant Registrar, High Court Land Division

In the Words of the Judges

• When the poor come to court, they do not know what to do and are unable to engage lawyers. This is the reason why people say justice is for the rich. The rich engage lawyers and take advantage of the situation to bulldoze the poor. Sometimes, the poor use the services of court clerks who draft documents poorly and when they come to court, we follow the procedure of the law and the matter is dismissed, because, according to Article 126 [2] of the constitution, courts have to deliver justice subject to the law.

• On our part as judges and magistrates, we sometimes give long adjournments. This shows that we lack seriousness in managing cases. Some judges and magistrates are lazy; they just mention cases and adjourn. Even when you have witnesses, he/she will not listen to you. This lack of seriousness is caused by ineffective supervision on the part of the courts. The court should adjourn, maybe to the following day.

• There are currently about 4,900 cases (March 2013) of which 2000 are applications yet there are only three resident judges to handle them. Procedural law in civil cases, where rules allow parties to make endless applications, makes court move in circles and a lot of time is wasted. The other challenge is that there are no funds for visiting the locus and staff are underpaid. Some evidence brought before court is inaccurate hence the need to visit the locus. I have visited

locus only in three cases but what you find on ground is contrary to what is on court records.

• The most complicated system is the bibanja where holding a title does not guarantee one full rights. The government should raise funds to pay off landlords and give tenants titles or compensate them. There is need to have one tenure system, which is registered land.

3. His Worship Alex Ajiji – Registrar High Court Land Division

• Land cases have increased due to population increase; there is too much pressure on land yet judicial manpower is not increasing. LC courts are not legally constituted and people do not know the hierarchy of the court system.

• Land ownership is also limited to old

tenure systems. The communal land tenure system is unfortunate in modern days. People are holding land but are unable to use it. Land must be maximally utilized for national development. It is high time the land tenure system changed.

4. Justice Simon Byabakama Mugenyi – Lira High Court

• The judiciary is thin on the ground due to inadequate personnel who cannot handle all cases registered. Visiting the locus is almost impossible especially in rural areas where feeder roads are impassable or do not exist at all. If you have to visit disputed land in Nwoya district, you have to do it during the dry season because

if it starts raining, even if you have a four wheel drive car, you will get stuck. Land is a potential for violence, insecurity and social disequilibrium, and this is why we need to expedite justice in these matters.

5ULA • Quarterly Newsletter • Issue 13, July 2013

By Rebecca Apio

Article 7 of the Universal Declaration of Human Rights adopted in 1948 states that, “all are equal before the law and are entitled without any

discrimination to equal protection of the law”. Article 17 of the same guarantees the right to own property alone as well as in association with others. However, a deep analysis of the formal court process tempts one to conclude that equality before the law is rather assumed and unrealistic.

Litigants (complainants), in their quest for justice against violation of their rights, face various challenges which require great agility, resilience and financial resources that many vulnerable groups and individuals lack. The formal court process in Uganda, more often than not, leaves the poor frustrated, confused and jittery. The situation is worse in land matters since the existence of the majority of the world’s poor is directly dictated by access, ownership and control over land.

Does Equality before the Law Mock the Poor?

Local Council CourtsLocal council (LC) courts are nearer to the people but lack capacity to effectively dispense justice in land matters. They handle cases without the necessary jurisdiction or quorum, and records management is almost nonexistent. Once any of such irregularities is raised at the appellate level of the Chief Magistrate’s court, a retrial is automatically ordered.

Magistrate’s CourtsWhile in court, poor complainants, because they cannot hire lawyers, use the services of court clerks who charge them exorbitant fees to draft the documents they need such as the plaint, summons to file defense, memorandum of appeal, etc. Many complainants are usually shocked at the first hearing when magistrates inform them that their documents were not properly drafted. A case may be dismissed for such technicality or, if the magistrate is fair enough, the litigant is ordered to amend

documents. The first step in hearing a land case in court is to conduct a scheduling conference. At this stage, both parties state the brief facts of the case, issues for determination, list of documents, list of witnesses, list of authorities, etc. For heaven’s sake, how can a peasant farmer who has never entered a classroom know what issues for determination or list of authorities are all about?

Litigants believe that presenting many witnesses may give one an advantage in a case. They, therefore, spend their last penny ferrying witnesses to court, the numerous adjournments common in our courts notwithstanding.

It is a fact that about 99 percent of customary land in northern Uganda is unregistered, meaning that occupants do not have conclusive proof of ownership, because there is no document to that effect.

The process of tendering documents in court is equally challenging. A litigant may possess documents such as minutes of clan meetings or agreements that are vital to his/her case but may testify about them without tendering them in court. A magistrate who is lenient may ask for such documents and record them but a rigid one will ignore this.

Court business in Uganda is conducted in English with a clerk interpreting in the local language. Majority of poor litigants are illiterate and do not understand English. The interpretation by clerks is sometimes misguiding especially where the presiding magistrate does not understand the local language. The court clerk sometimes does it intentionally out of influence or may not find appropriate words in the local language. The question is; can court rule fairly in any matter where submissions are misinterpreted?

The law requires that before a land matter is concluded, locus must be visited unless

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6 ULA • Quarterly Newsletter • Issue 13, July 2013

Judges

Incomplete Justice: Can you Execute that Court Order?

has proved very hard. Previously the law prohibited decree execution against government but court held that a party can actually do so. Even with this court decision, it is not practical as government uses whatever resources at their disposal to resist the execution. When execution does come to pass, it takes too long for the decree holder to enjoy full benefits. For instance, where government is supposed to make monetary payments or compensation, the department of civil litigation always states that there is no money to settle such obligations.

Another challenge is the delay in the execution process. With the creation of the Execution division of the High Court, movement of files from the trial court to the division takes so long. In circumstances

By Doreen Nanvule

Execution is the process of realising the fruits of a judgement by enforcing the decree against the unsuccessful party through any one or more of modes

prescribed by law. The successful party is called a decree holder or judgement creditor while an unsuccessful party is called a judgement debtor. A decree is executed by the court which passes it or by court to which the decree is sent.

A decree must be executed within 12 years from the date of delivery of the judgment. There are exceptions where that time can be extended, for instance, if the judgment creditor has been persuaded by fraud or by force.

A decree can be transferred or assigned. A judgement debtor does not cease to be

liable on a decree merely by death; a decree remains enforceable to its full extent against the deceased’s legal representative, executor or administrator of the estate or mediator.

Great care must be exercised during execution not to execute against a wrong party as this could amount to trespass that may create both criminal and civil liability.

Where the holder of a decree desires to execute it, he or she applies to the court which passed it. Court then appoints a bailiff to carry out the execution. Unfortunately the execution process is not smooth as envisaged under the law. There are various challenges faced by the decree holders, bailiffs as well as court.

Enforcement of decrees against government where the judgement debtor files an application for stay of execution, the file keeps moving between the two courts, making execution very hard to achieve.

The bailiffs, as the officers of court warranted to carry out executions, also face numerous challenges through a requirement to clear warrants with the police. The clearance of the warrant must come from the Commandant of police Land Protection Unit, regional police commander, resident district commissioner (RDC), district internal security officer, district police commander and finally, officer in charge of the police station of the area. Of late, the bailiffs have to clear the warrants through the state minister for lands. There is also a lot of interference in the process by RDCs who, at times, even go against the court order to the extent of providing judgment debtors with armed guards.

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7ULA • Quarterly Newsletter • Issue 13, July 2013

Men armed with clubs, hoes and pangas disperse from a land meeting in Napak District

sufficient cause is shown as to why locus must not be visited. The cost of visiting locus is supposed to be borne by government but, most times, the litigants are told to pay for such or wait for government funds which normally take forever. Some of the litigants are too poor to raise money for locus visit and some cases have stopped at locus level for that reason. It is important to note that some of the land disputes arise in hard to reach areas that are impassable especially during rainy seasons.

To crown the process, the final steps to enjoyment of fruits of litigation are simply annoying. How do you get your land back from a grabber? After winning a case, court issues an order for vacant possession but the other party may stubbornly refuse to leave the land. In this case, one needs a court bailiff to enforce the order. Before the bailiff does the work, he requires clearance from the police, let alone interference from other organs of the government such as Resident District Commissioners.

As if procedural challenges are not enough, our courts are contaminated with corruption yet most land cases are worth a fortune. When a judicial officer is compromised, all you expect is injustice. The lengthy, expensive, intricate and tedious process of arriving at justice casts the poor as misfits in the formal justice system.

The writer is a legal officer in Uganda Land Alliance

Dishonesty in dealing with the proceeds of the execution by the bailiffs is another challenge. Bailiffs, though expected to be persons of reputable and exemplary character, are, in most cases, corrupt. For instance, some collude with judgment debtors, misuse property attached during execution or deliberately misinterpret court orders to frustrate the process. Their misconduct goes unabated due to lack of adequate laws governing their actions. The bailiffs’ actions are not checked by any authority and they go scot-free even after messing up the execution process.

Some of the judgment debtors escape from the court’s area of jurisdiction or have no property to their names. For example, some companies, which I will refer to as ‘sham’, do not register any assets/properties used for running of the business in company names.

There is an urgent need to address the challenges faced in judgement execution processes to enable successful litigants to enjoy the fruits of judgments granted by court. Issues such as inadequate training for bailiffs, low remuneration, weak regulatory framework, unfair distribution of warrants by judicial officers, and interference in the execution process by government agencies must be addressed in consideration of the domestic, regional and global trends.

The writer is a private advocate based in Kampala.

Does Equality before the Law Mock the Poor?

Incomplete Justice: Can you Execute that Court Order?

Access to Justice under the Small Claims Procedure

Personal involvement enables the parties to prepare for the outcome of a case since they are offered an opportunity to express themselves throughout the process. The judicial officer is also able to ascertain the truth basing on the conduct of the parties during the process.

Under the small claims procedure, only cases that are not contentious in nature and are below the value of shs10 million are handled. A case should be concluded within one month. The mechanism is envisaged to help aggrieved parties with matters of small value get justice timely and cheaply.

Note, however, that this procedure does not clearly spell out what constitutes a contentious matter. Decisions reached under the procedure are also not appealable.

There is need to popularize the procedure and roll it out across the country to enable disadvantaged groups and individuals that cannot afford the legal fees and attendant costs of sustaining a court case get justice.

The writer is a legal officer at Uganda Land Alliance

By Jacinta Kaaya

Small Claims Procedure is where a person interfaces with the judicial officer (judge/magistrate) without legal representation from an advocate.

This implies that parties in a dispute are able to present their case.

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8 ULA • Quarterly Newsletter • Issue 13, July 2013

Kampala High Court

Community members in four districts in Karamoja region have finalized formation of Communal Land Associations (CLAs) to enhance

protection of communal land in the area. So far, 48 CLAs have been formed in the four districts of Kotido, Kaabong, Moroto and Napak with the support of Uganda Land Alliance (ULA) and local leaders.

Owing to the customary nature of land ownership in Karamoja, little attention was accorded to land protection in the past since land traditionally belonged to the community as a whole, given its importance in pastoralism, their source of livelihood.

Lobuin Audoi, head of Ngiriwo sub-clan, Jie clan, says,

“In the past, we used to enjoy peaceful existence on land. There were no

Success Story: ULA Secures Commons in Karamoja

conflicts because we used to share everything including cows. Movement from one place to another for grazing and settlement was not restricted at all.”

The good old days for Karimajongs ended towards the turn of the century when statutory agencies and private investors saw opportunities for lucrative investments in the arid area which, paradoxically, is endowed with natural resources of great value including gold.

Today, the scramble for land to extract minerals (more than 20 different types), conserve nature for tourism and carry out agriculture in Karamoja is getting tense with total disregard to the unique traditional land management system. As a result, there are land conflicts between the community and other interested parties notably, mining companies, Uganda Wildlife Authority and large

scale crop farmers.

ULA, with the support of local leaders, carried out mass sensitization to introduce the concept of CLAs to the community as a mechanism for protecting their land. ULA adopted the sub-clan system as the primary unit for mobilization and several meetings were held with the sub clan heads to acquaint them with benefits of the CLA for them to embrace the exercise.

Through sustained efforts of ULA staff and local leaders, 15 CLAs have been formed in Kotido, 16 in Kaabong, 10 in Moroto and 7 in Napak district. The process to register the CLAs is ongoing. CLAs are providing a common voice for communities in land matters.

9ULA • Quarterly Newsletter • Issue 13, July 2013

Leaders of Ngiriwo sub clan, Jie clan in Karamoja meeting at Rengen Primary School in Kotido district to form a Communal Land Association

Buyaga Elderly Development Association (BEDA) brings together elderly persons in Kibale district, western Uganda. Its goal

is to improve conditions of living for its members and their families.

The formation of BEDA was conceived on 26th December 2005 at a Christmas party for elderly persons. Mr. Erisa Tibamwenda, who was 50 years old at the time, observed the need to organise elderly persons into an association for socio-economic empowerment. In 2007, BEDA was registered with the national NGO board as a non-governmental organisation. Currently, the association has more than 10,000 members.

Member profile: Buyaga Elderly Development Association

Buyaga Elderly Development Association (BEDA) brings together elderly persons in Kibale district, western Uganda. Its goal is to improve conditions of living for its members and their families.

The formation of BEDA was conceived on 26th December 2005 at a Christmas party for elderly persons. Mr. Erisa Tibamwenda, who was 50 years old at the time, observed the need to organise elderly persons into an association for socio-economic empowerment. In 2007, BEDA was registered with the national NGO board as a non-governmental organisation. Currently, the association has more than 10,000 members.

Mission

BEDA exists to impart knowledge and skills, improve income, good health, and prevent HIV/AIDS, promote land rights, and bring about peaceful co-existence of older persons in the community.

Services

BEDA offers the following service to its members and their families:

Counselling depressed individuals facing challenges such as broken marriages and those affected by HIV and AIDS

Education loan scheme Knowledge and skills in agriculture and land resource management Civic education, peace and conflict resolution Story telling

BEDA and ULA BEDA is one of the active members of Uganda Land Alliance. It participates in ULA’s strategic planning and implementation of land rights programmes at community level. BEDA has greatly supported community members to resolve land conflicts which were rampant in the district.

Achievements

Over the past five years, BEDA has carried out tree planting for income generation for members and environmental protection. It introduced a bee keeping project which was embraced by members since it requires minimal initial capital and involves light tasks which the elderly can manage. Dependants of its members are supported to remain in school.

“Giving insight to older persons”

Member Profile:Buyaga Elderly Development Association

BEDA and ULABEDA is one of the active members of Uganda Land Alliance. It participates in ULA’s strategic planning and implementation of land rights programmes at community level. BEDA has greatly supported community members to resolve land conflicts which were rampant in the district.

AchievementsOver the past five years, BEDA has carried out tree planting for income generation for members and environmental protection. It introduced a bee keeping project which was embraced by members since it requires minimal initial capital and involves light tasks which the elderly

MissionBEDA exists to impart knowledge and skills, improve income, good health, and prevent HIV/AIDS, promote land rights, and bring about peaceful co-existence of older persons in the community.

ServicesBEDA offers the following services to its members and their families: • Counselling depressed individuals

facing challenges such as broken marriages and those affected by HIV and AIDS

• Education loan scheme• Knowledge and skills in agriculture

and land resource management• Civic education, peace and conflict

resolution• Story telling

10 ULA • Quarterly Newsletter • Issue 13, July 2013

Rev. Apuuli Brown Patrick, BEDA Executive Director

Community members at a workshop on conflict management and land rights.

A member explains local methods used in land inheritance and demarcation at a meeting in Birembo Sub county, Kibaale District.

can manage. Dependants of its members are supported to remain in school.

BEDA’s Partners • Uganda Rural and Development

Training Program (URDT)• Kibaale Civil Society Organizations

Network (KCSON)• EMESCO Development Foundation• Kibaale District Local Government

(KDLG)• Network Enterprises Uganda Limited

(NEUL)• Ministry of Gender, Labour and Social

Development (MGLSD)• Micro-Finance Support Centre

AddressBUYAGA ELDERLY DEVELOPMENT

ASSOCIATION (BEDA)P.o. Box 96 Kagadi,

Tel: +256 759 996 787 / +256 782 553 995

Pastoralism activists are calling for involvement of pastoral communities in the formulation of policies and plans that affect their lives and livelihoods.

During a two-day East African regional pastoralism symposium organized by the Coalition for Pastoralist Civil Society Organizations (COPACSO) from 13th to 14th May 2013 in Kampala, activists noted that governments and regional bodies were making progress in policy formulation but had not consulted pastoralists on issues that affect them.

They were concerned that governments were introducing agricultural and tourism projects in pastoral areas but communities were not benefiting from such investments.

“Pastoralists must be involved in deciding their destiny instead of forcing them to change their lifestyle. Governments must secure the land of pastoralists before thinking of transforming them. Don’t allow civilization to oppress traditional ways of life but rather adopt relevant elements for improvement,” said Hon. Dan Fred Kidega, a member of the East African Legislative Assembly.

Hon. Achia Remegio, MP for Pian constituency in Nakapirit district and deputy chairman of the budget committee of parliament observed that the biggest threat to pastoralism were the elite pastoral community members who parcel out land under the pretext of planting trees to save the environment. He said such people go ahead to acquire title deeds over the land and prevent pastoralists from accessing it.

Obongi County Member of Parliament,

Uganda Land Alliance (ULA) in conjunction with partners under the Food Rights Alliance (FRA) joined the rest of the world to commemorate the

International Day of Peasant Struggles Resisting Land Grabbing.

Three stakeholders’ meetings were held in Kampala with a special focus on regulating land based investments for sustainable development. The meetings held from 15th to 18th April 2013 were intended to reinforce the campaign launched in April 2012 against land grabbing.

Speaking at the religious leaders’ meeting held on 15th April, the FRA Coordinator Ms. Agnes Kirabo said the anti land grabbing campaign was unique because it had achieved its purpose in less than a year. She added that President Yoweri Kaguta Museveni’s directive on illegal eviction of tenants and the numerous reports in the press on the issue were evidence of a successful campaign.

Participants called upon government to invoke international, regional and national instruments on regulating land based

Pastoralists must Choose their Destiny

Hon. Hassan Kaps Fungaroo, called for clear policy statements on issues of biodiversity and genetically modified organisms to protect indigenous livestock breeds which are sustainable under arid conditions. He urged pastoral communities and civil society organizations (CSOs) to reject the National Biotechnology and Biosafety Bill which seeks to provide for development and general release of Genetically Modified Organisms (GMOs) in Uganda.

Mr. Timothy Wesonga, a Senior Livestock and Fisheries Officer at the East African Community (EAC) Secretariat, urged civil society organisations to support pastoral communities to articulate their issues to gain support during planning and budgeting at national level.

The symposium was officially opened by Hon. Col Bright Rwamirama, Uganda’s State Minister for Animal husbandry who called for a reduction in what he termed as unnecessary movement of animals. He said that scale of pastoralism must be controlled given the increase in competition over land due to population growth. He encouraged pastoralists to consider their vocation as a business if they are to benefit from regional markets. He called for adoption of improved animal breeds to satisfy the demand for milk and other animal products.

The symposium drew participants from Kenya, Tanzania, Ethiopia, South Sudan, Rwanda, Niger and Uganda. These included pastoralists, policy makers, representatives of regional bodies and civil society activists.

and tenants were equally affected by the wave of conflicts over land due to ignorance of the law and lack of respect for individual rights.

Mr. Richard Masereje from the Institute of surveyors observed that recent evictions were emerging out of pressure to expand for residential housing, and yet Uganda has no clear policy to regulate residential housing and real estate development. He said there was need for a much more holistic policy which will make it easier to appreciate the nature of the problem and how to solve it.

“The real value of the guidelines will be determined by their contribution to changes

in the lives and livelihoods of men and women around the globe, particularly the vulnerable and marginalized,” noted Mr. Vladimir Evtimov, Land Tenure Officer, Food and Agricultural Organisation.

The events were organized in collaboration with the Uganda Joint Christian Council (UJCC), Caritas, Action Aid, Voluntary Efforts for Development Concerns (VEDCO), Participatory Ecological Land Use Management (PELUM), Southern and Eastern African Trade Information and Negotiations Institute (SEATINI) and Eastern and Southern Africa Small Scale Farmers’ Forum (ESAFF).

ULA Marks Anti-land Grabbing Week

investments to protect the rights of citizens being affected by modern investment forces.

At the public symposium held on 16th April, the Commissioner for Land Registration who represented the Minister for Lands, Housing and Urban Development, Ms. Sarah Kulata, noted that both the land owners

11ULA • Quarterly Newsletter • Issue 13, July 2013

Ms Sarah Kulata makes a submission at the public symposium

Participants pose for a group photo with Hon. Rwamirama Bright (center with glasses)

President Museveni is quoted on a visit to Kayunga district on July 3, 2013. The district has witnessed clashes between landlords and tenants in the recent past.

“I defeated Obote [former President] so these ones won’t beat me. Land is not

like a handkerchief which you put in the pocket and walk away, we can always

get the truth because we can trace the history. So I have come here as

the judge and to find the truth.”

Uganda Land Alliance SecretariatBlock 29, Plot 1521, Mawanda Road,

P.O. Box 26990, Tel: 0414-540 048 Fax: 0414-540 038E-mail: ula@ulaug.org; proscovia@ulaug.org, namprossy@yahoo.co.uk

Website: www.ulaug.org