DEVELOPMENT OF THE NATIONAL DEVELOPMENT OF THE NATIONAL LAND POLICY FOR UGANDALAND POLICY FOR UGANDA

BACKGROUNDBACKGROUND

Land Policy development process Land Policy development process and land reform has been on and land reform has been on Uganda’s agenda since 1983 when Uganda’s agenda since 1983 when the government established an the government established an Agricultural Policy Committee that Agricultural Policy Committee that resulted into a report on Land Tenure resulted into a report on Land Tenure and Agricultural Development in and Agricultural Development in 19891989

Land Tenure and Agricultural Land Tenure and Agricultural Development Report, 1989Development Report, 1989

In 1983, Govt. of Uganda established an In 1983, Govt. of Uganda established an Agriculture Policy Committee for purposes Agriculture Policy Committee for purposes of coordinating, directing and reviewing key of coordinating, directing and reviewing key policies and programs in the agricultural policies and programs in the agricultural sectorsector

The Committee, together with Makerere The Committee, together with Makerere Institute of Social Research and the Land Institute of Social Research and the Land Tenure Centre- University of Wisconsin, USA Tenure Centre- University of Wisconsin, USA carried out a detailed study on Land tenure carried out a detailed study on Land tenure and agricultural development in Ugandaand agricultural development in Uganda

This study made several recommendations This study made several recommendations but was the first study that also informed but was the first study that also informed the initial process of policy reform in the initial process of policy reform in Uganda.Uganda.

Among other things: The study Among other things: The study recommended the policy alternatives for recommended the policy alternatives for Uganda as a country and also pointed out Uganda as a country and also pointed out alternative tenure policy that could alternative tenure policy that could stimulate social and economic stimulate social and economic development in the agricultural sector. development in the agricultural sector.

Odoki Commission Report Odoki Commission Report 19921992

This Commission commonly known as the This Commission commonly known as the famous Odoki Commission of 1988, was famous Odoki Commission of 1988, was appointed by Government to review our appointed by Government to review our constitution and make proposals.constitution and make proposals.

Under Land proposals and Under Land proposals and recommendations for the new Constitution recommendations for the new Constitution of 1995, issues on land tenure, land use, of 1995, issues on land tenure, land use, management, POLICIES came out leading management, POLICIES came out leading to a change in the management system as to a change in the management system as is now in ARTICLE 237is now in ARTICLE 237 OF THE OF THE CONSTITUTION 1995, and Land Act CAP CONSTITUTION 1995, and Land Act CAP 227227

1995 CONSTITUTION1995 CONSTITUTION

The Constitution points out the The Constitution points out the salient issues for the land policy salient issues for the land policy process in Uganda through Article process in Uganda through Article 237237

Land belongs to the citizens of Land belongs to the citizens of UgandaUganda

Land shall be held in accordance with Land shall be held in accordance with four tenures (customary, freehold, four tenures (customary, freehold, leasehold, Mailo)leasehold, Mailo)

Government can acquire land in public Government can acquire land in public interestinterest

Parliament to make a law regulating the Parliament to make a law regulating the relationship between bonafide and relationship between bonafide and lawful occupants on registered landlawful occupants on registered land

Parliament to make a law providing for Parliament to make a law providing for the acquisition of registered interest by the acquisition of registered interest by lawful or bonafide occupantslawful or bonafide occupants

Salient issues in the 1995 constitutionSalient issues in the 1995 constitution

Uganda Land Commission to manage Uganda Land Commission to manage government landgovernment land

The rest of land to be managed by The rest of land to be managed by District Land BoardsDistrict Land Boards

District Land Tribunals to handle land District Land Tribunals to handle land disputes casesdisputes cases

Non-citizens to acquire only Non-citizens to acquire only leaseholdsleaseholds

1998 Land Act1998 Land Act

Came into force on July 2Came into force on July 2ndnd 1998 1998Operationalises the principles laid down Operationalises the principles laid down

in the Constitution of 1995in the Constitution of 1995 Implementation of the Land Act is not Implementation of the Land Act is not

realised fully because, among other realised fully because, among other things, there is no comprehensive policythings, there is no comprehensive policy

2001 a Strategic Plan is put in place 2001 a Strategic Plan is put in place (commonly known as the LSSP) as a (commonly known as the LSSP) as a mechanism to carry forward the reformsmechanism to carry forward the reforms

LSSP 2001-2011LSSP 2001-2011

The LSSP was designed to provide for the The LSSP was designed to provide for the operational, institutional and financial operational, institutional and financial framework for the implementation of sector framework for the implementation of sector wide reforms and land management wide reforms and land management including the Implementation of the Land including the Implementation of the Land ACT.ACT.

One of its key strategic objectives was the One of its key strategic objectives was the development of a Ndevelopment of a National Land Policy,ational Land Policy, which was pro-poor and putting in place a which was pro-poor and putting in place a systematic framework for addressing the systematic framework for addressing the role of land in national development, role of land in national development,

land ownership, distribution, land ownership, distribution, utilisation, management and control utilisation, management and control for poverty reduction.for poverty reduction.

Land Use PolicyLand Use Policy

Within the framework of the LSSP, Within the framework of the LSSP, under land utilisation and under land utilisation and management, we have developed a management, we have developed a draft Land Use Policydraft Land Use Policy

Background cont’dBackground cont’d

Based on that background, in 2001 Based on that background, in 2001 the then Ministry of Water, Lands & the then Ministry of Water, Lands & Environment agreed that as part of Environment agreed that as part of the policy formulation process, there the policy formulation process, there had to appointed a National Land had to appointed a National Land Policy Working Group (NLPWG) to Policy Working Group (NLPWG) to steer this process.steer this process.

NLPWG was then appointed in 2001NLPWG was then appointed in 2001

Composition of NLPWGComposition of NLPWG

The membership of this working The membership of this working group was drawn from both public group was drawn from both public and private sector institutions, and private sector institutions, government departments, NGOs and government departments, NGOs and other stakeholders working on land.other stakeholders working on land.

Progress Made So FarProgress Made So Far

Issues Paper for the NLP was Issues Paper for the NLP was completed in 2004completed in 2004

In a retreat with all the key stake In a retreat with all the key stake holders and the Working Group, holders and the Working Group, areas that needed further studies / areas that needed further studies / research were agreed onresearch were agreed on

5 study areas were identified and 5 study areas were identified and consultants hired to undertake these consultants hired to undertake these studiesstudies

Key Study areasKey Study areas

The areas identified and The areas identified and recommended as key study recommended as key study areas included:areas included:

Study on Revenue Generation, Study on Revenue Generation, Utilisation, Sharing and Mechanism for Utilisation, Sharing and Mechanism for Fiscal TransferFiscal Transfer

Study on Integration of Traditional Study on Integration of Traditional Land Administration in the Land Act Land Administration in the Land Act and Management of Common Property and Management of Common Property Resources in UgandaResources in Uganda

Study on Resettlement, Landlessness Study on Resettlement, Landlessness and Internally Displaced Personsand Internally Displaced Persons

Study Areas cont’dStudy Areas cont’d

Study on Privatisation and Divesture of Study on Privatisation and Divesture of Land ServicesLand Services

Study on HIV/AIDS, Property Rights and Study on HIV/AIDS, Property Rights and Agricultural ProductivityAgricultural Productivity

All consultancies were short term All consultancies were short term consultancies and the all these studies consultancies and the all these studies provided POLICY BRIEFS for the National provided POLICY BRIEFS for the National Land Policy development process. Land Policy development process.

Drafting of the NLPDrafting of the NLP

Uganda has reached its Uganda has reached its 22ndnd draft draft of of the National Land Policythe National Land Policy

22NDND DRAFT UGANDA NATIONAL LAND POLICY: DRAFT UGANDA NATIONAL LAND POLICY: PRINCIPLESPRINCIPLES

What are some of the Policy What are some of the Policy Principles covered in this 2nd draft Principles covered in this 2nd draft

National Land Policy?National Land Policy?

The draft is divided into a three- band The draft is divided into a three- band model, comprising of a model, comprising of a policy policy element/principleelement/principle, , the objective of the the objective of the policy elementpolicy element and the and the proposed proposed strategiesstrategies for addressing the issues as for addressing the issues as raised. raised.

The major policy principles cover the The major policy principles cover the following 6 areas/themes:-following 6 areas/themes:-

Policy Principles cont’dPolicy Principles cont’d

1.1. Land in the National Development Land in the National Development FrameworkFramework

2.2. The Legal RegimeThe Legal Regime3.3. The Land Tenure FrameworkThe Land Tenure Framework4.4. The Land Rights Administration The Land Rights Administration

FrameworkFramework5.5. The Land Use and Management The Land Use and Management

Framework and,Framework and,6.6. The Policy Implementation FrameworkThe Policy Implementation Framework

I. LAND IN THE NATIONAL I. LAND IN THE NATIONAL DEVELOPMENT FRAMEWORKDEVELOPMENT FRAMEWORK

UNDERLYING PRINCIPLESUNDERLYING PRINCIPLESLand as a factor of productionLand as a factor of production Land is one of the major factors of production Land is one of the major factors of production

that underpins national development that underpins national development especially through the agrarian sector. especially through the agrarian sector. In In order to ensure increased contribution order to ensure increased contribution of land to economic productivity, and of land to economic productivity, and commercial competitiveness, commercial competitiveness, the the national land policy for Uganda will national land policy for Uganda will have to design and execute a paradigm have to design and execute a paradigm shift from emphasis on land ownership shift from emphasis on land ownership to land development. to land development.

Land and Poverty EradicationLand and Poverty Eradication

Land as a tool for poverty eradication:Land as a tool for poverty eradication: To ensure that the land sector contributes To ensure that the land sector contributes effectively to poverty eradication, the effectively to poverty eradication, the national policy of Uganda will have to national policy of Uganda will have to protect the poor from activities which protect the poor from activities which deny them access to the land resources deny them access to the land resources they hold or occupy; such as land they hold or occupy; such as land grabbing, speculative and distress land grabbing, speculative and distress land transfers and indiscriminate evictions transfers and indiscriminate evictions and destruction of property in rural and and destruction of property in rural and urban areasurban areas. .

Land and GovernanceLand and Governance

To ensure that the management of To ensure that the management of the land sector contributes to the land sector contributes to democratic governance, the national democratic governance, the national policy of Uganda policy of Uganda will carry out will carry out land reforms within the land reforms within the government policies of government policies of decentralization, divestiture, decentralization, divestiture, empowerment of the people empowerment of the people including the private sectorincluding the private sector..

Land, Peace and SecurityLand, Peace and Security

Competition over land caused among others, Competition over land caused among others, by population growth, resource depletion, and by population growth, resource depletion, and scarcity, is the cause of conflict, insecurity and scarcity, is the cause of conflict, insecurity and environmental stress in many parts of Uganda. environmental stress in many parts of Uganda. In order to restore stability in land In order to restore stability in land relations, and the resumption of relations, and the resumption of sustainable livelihood activities, the sustainable livelihood activities, the national policy of Uganda will seek to national policy of Uganda will seek to address all the root historical and current address all the root historical and current causes of conflict driven by competition causes of conflict driven by competition over unregistered land masses.over unregistered land masses.

II. THE CONSTITUTIONAL AND II. THE CONSTITUTIONAL AND LEGAL FRAMEWORKLEGAL FRAMEWORK

UNDERLYING PRINCIPLESUNDERLYING PRINCIPLES Uganda is perhaps one of the few former Uganda is perhaps one of the few former

British colonies in which British colonies in which the land question the land question has always been at the center of the has always been at the center of the constitutional and legal discourse.constitutional and legal discourse. The The result is that land issues are mired in a result is that land issues are mired in a bed of complex constitutional structures bed of complex constitutional structures and processes, drawing legitimacy from and processes, drawing legitimacy from historical as well as contemporary political historical as well as contemporary political exigencies. This has created problems exigencies. This has created problems and ambiguities in the Uganda’s property and ambiguities in the Uganda’s property system. system.

UNDERLYING PRINCIPLESUNDERLYING PRINCIPLES

The NLP should ensure The NLP should ensure that: that: The juridical status The juridical status of land and, especially, the modalities of land and, especially, the modalities through which land rights are created, through which land rights are created, acquired and protected should be simple and acquired and protected should be simple and clearly definedclearly defined; ie, the NLP should be able to ; ie, the NLP should be able to eliminate ambiguities on eliminate ambiguities on Residual Residual sovereigntsovereignty y over land; “over land; “land belongs to the citizens of Uganda”,land belongs to the citizens of Uganda”, define the define the Power of eminent domainPower of eminent domain (Policy (Policy should ensure that the power of eminent domain is should ensure that the power of eminent domain is used by the state and local authorities responsibly used by the state and local authorities responsibly and strictly in the public interest); ensure and strictly in the public interest); ensure police police power of the statepower of the state is used responsibly for public is used responsibly for public good i.e. good i.e. the authority to regulate the use of the authority to regulate the use of land held under any tenureland held under any tenure..

POLICY PRINCIPLES UNDER POLICY PRINCIPLES UNDER CONSTITUTIONAL & LEGAL FRAMEWORK CONSTITUTIONAL & LEGAL FRAMEWORK

Cont’dCont’d Components of the Components of the land questionland question which must be which must be

anchored in the Constitution should be confined anchored in the Constitution should be confined to to issues of the location of radical title, the issues of the location of radical title, the classifications of land ownership characteristics, classifications of land ownership characteristics, and state/land relations (ie clear whether the and state/land relations (ie clear whether the citizens of Uganda, individually or collectively citizens of Uganda, individually or collectively can assert residual authority against the state, can assert residual authority against the state, local authorities and community governance local authorities and community governance organs in respect of unallocated or vacant land)organs in respect of unallocated or vacant land) and;and;

The NLP should ensure that there is The NLP should ensure that there is clarity in both clarity in both the Constitution and the Land Act as to what the the Constitution and the Land Act as to what the role of the state is or should be in land sector role of the state is or should be in land sector development. development.

The Land Tenure framework: The Land Tenure framework: Policy PrinciplesPolicy Principles

The regulatory framework for land The regulatory framework for land sector operations should be sector operations should be rationalized in such a manner as to rationalized in such a manner as to eliminate overlaps, internal eliminate overlaps, internal conflicts, bureaucratic competition conflicts, bureaucratic competition and inconsistent normative and inconsistent normative prescriptionsprescriptions. There should be an . There should be an enforcement framework for public enforcement framework for public regulations, putting in place penalties regulations, putting in place penalties for any violations.for any violations.

Classification of tenure regimes:Classification of tenure regimes: The Constitution and the Land Act provide that The Constitution and the Land Act provide that

land in Uganda may be held in terms of four land in Uganda may be held in terms of four tenure categories only. These are customary, tenure categories only. These are customary, freehold, mailo and leasehold tenure. The freehold, mailo and leasehold tenure. The incidents of those tenure regimes (other than incidents of those tenure regimes (other than leasehold) are defined in terms of generalities leasehold) are defined in terms of generalities which establish no particular frontiers which establish no particular frontiers

In order to clarify these issues, In order to clarify these issues, the national the national land policy should amend the relevant land policy should amend the relevant provisions of the Constitution and the Land provisions of the Constitution and the Land Act to provide for a simplified, progressive Act to provide for a simplified, progressive and affordably implementable land tenure and affordably implementable land tenure system in Uganda. system in Uganda.

Land Tenure FrameworkLand Tenure Framework

UNDERLYING PRINCIPLESUNDERLYING PRINCIPLES

Tenure determines, in a very general sense, who Tenure determines, in a very general sense, who may have access to what land, for what purpose may have access to what land, for what purpose and for how long. and for how long.

A good land tenure framework A good land tenure framework should guarantee should guarantee

security of tenure and access, ensure equity security of tenure and access, ensure equity in the distribution of land resources, in the distribution of land resources, eliminate gender discriminationeliminate gender discrimination in ownership in ownership and transmission, and preserve and conserve and transmission, and preserve and conserve resources for future generations; resources for future generations; The policy The policy should ensure that those who need land and should ensure that those who need land and depend on it are able to obtain secure tenure depend on it are able to obtain secure tenure and access to it.and access to it.

PRINCIPLES UNDER LAND PRINCIPLES UNDER LAND TENURETENURE

The tenure system should also The tenure system should also ensure that ensure that land marketsland markets in all in all tenure regimes function efficiently tenure regimes function efficiently and in support of the social economic and in support of the social economic and cultural needs of the land using and cultural needs of the land using public.public.

The policy should ensure that natural The policy should ensure that natural resources are protected, preserved resources are protected, preserved and sustainably used.and sustainably used.

Principles Under Tenure Principles Under Tenure cont’dcont’d

All tenure regimes should ensure that All tenure regimes should ensure that natural resources are protected, preserved natural resources are protected, preserved and sustainably managed;and sustainably managed;

Policy should guarantee effective Policy should guarantee effective protection to and preserve the quality and protection to and preserve the quality and value of common property resourcesvalue of common property resources

The policy should ensure that women are The policy should ensure that women are able to gain secure access to land and that able to gain secure access to land and that all international conventions outlawing all international conventions outlawing discrimination against women are fully discrimination against women are fully complied with (including the widows, complied with (including the widows, children, PLHIV/AIDS)children, PLHIV/AIDS)

Principles under tenure Principles under tenure continuedcontinued

Individual land tenure systems should be Individual land tenure systems should be facilitated to develop and evolve in facilitated to develop and evolve in response to competing social, economic response to competing social, economic and political demands..and political demands..

Development control authorities, Development control authorities, particularly urban authorities, to ensure particularly urban authorities, to ensure that they effectively enforce development that they effectively enforce development control in all areas under their jurisdiction control in all areas under their jurisdiction as stipulated in the laws and regulationsas stipulated in the laws and regulations

Tenure cont’dTenure cont’d

Policy should review the two tenures Policy should review the two tenures (freehold and mailo) to subject them to (freehold and mailo) to subject them to rules and conditions that apply to rules and conditions that apply to leasehold in urban areas. Government leasehold in urban areas. Government land should be protected and sustainably land should be protected and sustainably be managed.be managed.

Policy should Policy should sort-out the multiple land sort-out the multiple land rights on all tenures (lawful/ bonafide rights on all tenures (lawful/ bonafide occupants)occupants)

Policy to ensure framework for Communal Policy to ensure framework for Communal Land AssociationsLand Associations

LAND RIGHTS ADMNISTRATION LAND RIGHTS ADMNISTRATION FRAMEWORKFRAMEWORK

UNDERLYING POLICY PRINCIPLESUNDERLYING POLICY PRINCIPLESLand rights administration refers to Land rights administration refers to the structures and processes through the structures and processes through which land rights and appurtenant which land rights and appurtenant incidents are refined, created and incidents are refined, created and recorded; integrity of transactions recorded; integrity of transactions assured and guaranteed; land rights assured and guaranteed; land rights disputes processed; and land disputes processed; and land information inventoried, utilized or information inventoried, utilized or otherwise archived otherwise archived

LAND ADMN. PR’PLES CONT’DLAND ADMN. PR’PLES CONT’D

Land rights administration systems must be Land rights administration systems must be designed and operated with a view to enhancing designed and operated with a view to enhancing and facilitating the management of land and facilitating the management of land resources both as property vested in the public, resources both as property vested in the public, communities and individuals, and as an asset communities and individuals, and as an asset central to national development;central to national development;

Land rights administration structures and Land rights administration structures and processes must be transparent, cost-effective processes must be transparent, cost-effective and accessible to the ordinary land using public;and accessible to the ordinary land using public;

Land rights administration must be treated as a Land rights administration must be treated as a professional function hence should not only be professional function hence should not only be delinked from routine public administration, but delinked from routine public administration, but more importantly, be insulated from demands more importantly, be insulated from demands exerted by political elites bent on appropriation exerted by political elites bent on appropriation of land resources; and of land resources; and

LAND ADMN. PR’PLES CONT’DLAND ADMN. PR’PLES CONT’D

Policy development must recognize and seek Policy development must recognize and seek to strengthen the existence and buoyancy of to strengthen the existence and buoyancy of two parallel but complementary and two parallel but complementary and interactive systems of land rights interactive systems of land rights administration in Uganda, namely, administration in Uganda, namely, indigenous and community based indigenous and community based systems which operate as part and parcel systems which operate as part and parcel of the social and political organization of of the social and political organization of territorial communities, and statutory (or territorial communities, and statutory (or state) systems governed by imposed law state) systems governed by imposed law and which vary by tenure regimes, land and which vary by tenure regimes, land categories and resource characteristics.categories and resource characteristics.

Policy Principles on Regional & Policy Principles on Regional & International FrameworksInternational Frameworks

The National Policy of Uganda will be The National Policy of Uganda will be to strengthen regional co-operation to strengthen regional co-operation in the management of trans-in the management of trans-boundary and national resources boundary and national resources

Uganda National Policy will be to Uganda National Policy will be to comply fully with international comply fully with international commitments on the management of commitments on the management of climate change parameters.climate change parameters.

Way ForwardWay Forward

Agree on a draft National Land Policy for Agree on a draft National Land Policy for consultations by mid December, 2006consultations by mid December, 2006

To conduct regional consultations To conduct regional consultations starting January, 2007starting January, 2007

To conduct consultations with special To conduct consultations with special interest groups starting February, 2007interest groups starting February, 2007

To have a National Conference by To have a National Conference by September, 2007September, 2007

Draft Policy for submission to Cabinet Draft Policy for submission to Cabinet by end of 2007 by end of 2007