MIHA Module 3 Assignment

Examination Number: Y0600476

Department of Politics

University of York

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Study on Land Conflict in Okwang Sub County, Otuke District

Abstract This M&E study plan presents analysis of post conflict, land policy and land

administration from a case study of former IDPs in areas of return and settlement issues

from Okwang Sub County Local Government, Otuke District; Northern Uganda.

The study would like to present a more quantitative analysis of trends on disputes and

claims on land before and during displacement including emerging trends and

occurrences on return.

The key findings picks on customary land tenure as the most practicable ownership in

rural settlement in Uganda, and before displacement periods there was no high

prevalence of land disputes except during and after the displacement. Many studies

have shown the statutory and customary institutional framework for land

administration and justice to have been severely weakened; and vulnerable groups like

women and children have been marginalized during the return processes.

The study is premised on the fact that the issues of land in areas of return (restitution

and resettlement) processes have not been adequately dealt with in the National Land

Policy and various policies regarding IDPs return in Northern Uganda. Land is crucial

element of peace building and economic reconstruction in post conflict situations;

relevant issues must be understood and given appropriate priority for stabilization.


Introduction to the study plan

For over twenty years, Northern Uganda has been suffering from armed conflict

perpetrated by the Lord’s Resistance Army which lead to the deaths of over 500,00;

abduction of 30,000, the displacement of 1.7 million and the decimation of property and

livelihoods. Over the past 5 years there has been relative calm to the region, and its

inhabitants have transitioned from conflict to post conflict. Part of the recovery process

involved the voluntary return of displaced persons to their homes.

In Lango Sub region, the return process was successfully completed, with 97% of

formerly displaced persons returned to their ancestral homes. Returnees encounter

many challenges upon their return, one of which is a reduced ability to access, use and

occupy formerly owned lands. The legal framework that governs land is inadequate

and insecure since land issues are governed by two independent systems: informal,

“customary law” and formal, “statutory law” in Uganda today, creating an

environment that fosters land conflicts and insecurity.

This M&E study plan sought to assess and evaluate the nature of this insecurity, by

interviewing sampled households of returned Internally Displaced Persons (IDPs), local

leaders of Okwang Sub County, Otuke district including review of existing land policy

documents, which findings will be used as a basis for recommendations for inclusion in

future policy programming on land issues by harmonizing customary law with formal

law, as legalized system framework that will more adequately be able to address land

issues including equitable land ownership and usage, especially in Northern Uganda.


Brief description of case study Most of the inhabitants of northern Uganda, especially in Acholi and Langi Sub regions,

were victimized not only as direct casualties of violence, but also through the

destruction of their former livelihood strategies. One of the most significant

contributing factors to this destruction was displacement. Displacement, by its nature,

results in an incapacity or limited capacity to access formerly inhabited and utilized

lands. In the case of Lango Sub region, the preference of most IDPs is to return to their

ancestral lands. Prior to the conflict, these ancestral lands were the foundation of this

agro-pastoral society. While most assets were lost over the course of the conflict, those

interviewed expressed confidence that lost assets could slowly be regained with access

to land, “the one asset we have left.” Thus, a foundation for recovery from

displacement is land security.

For the purposes of this study report, “land security” refers to the freedom and ability

of land owners, occupants and users to access and utilize adequate land to meet their

needs, providing that their security does not infringe on that of others and of future

generations. The issues and sources of land conflict vary from region to region, and yet,

many of them are related to and exacerbated by the lack of clear governance

parameters. This M&E study is concerned with the way in which displacement,

coupled with poor governance, impacts land issues, rights, and tenure in post conflict

Northern Uganda, specifically in Okwang Sub County of Otuke district in Lango Sub

region.

Land tenure is the manner which land is owned, occupied, accessed and utilized


by individuals with rights to that land. Officially, there are four land tenure systems

recognized by the 1995 Ugandan Constitution: customary, mailo, freehold, and

leasehold. In Lango Sub region, the majority of land is held under customary tenure

which is untitled, unregistered land. This report outlines the “informal” system

(customary land tenure) and the corresponding “formal” system (legal framework) that

govern land tenure in Lango. The discrepancy between these two systems arises due

to a fundamental, ideological difference between customary and formal notions of the

individual’s relationship to land. The formal system is rooted in a “western” notion of

land titling and ownership while the informal system is based on the concept of the

right to access and use. Though customary tenure is recognized in formal policies and

statutes, the two systems have not been adequately harmonized. Thus, dual operation

of these ideologies and their corresponding governance systems breeds confusion and

opportunism, as illustrated by the findings of this M&E report.

Aims, objectives, type, approach and parameters of the plan The M&E plan was aimed at establishing the nature of land conflicts and insecurity

faced by former IDPs in areas of return in Okwang Sub County, Otuke district. Through

this base line survey, the research sought to assess the impact of land conflicts on the

livelihood of the former IDP households in areas of return from 2008 to present time.

The core objective of the study was to inform local leaders, policy makers and the

National Land Policy of the government of Uganda with the respect to land policy and

administration framework, including legal provisions and institutions needed to ensure


a peaceful return of IDPs to their areas of origin and settling on own land. The study

intends to identify and validate/verify the findings and recommendations in regard to

land conflicts as follows:

a) The types of land conflicts and claims that are arising from IDPs’ return in areas of

origin;

b) Their prevention, resolution and adjudication mechanisms within the context of

current land policy and administration framework , including legal framework as

well as the formal and in formal institutions;

c) The gaps in the land policy and administration framework for handling potential

conflicts , and claims, and the options for filling such gaps;

d) The resources needed for implementing the relevant actions and policy measures.

Study Sites Four villages Abongo wer, Bar legi, Bar ocok and Adwari trading centre which has the

highest prevalence of land conflicts and disputes were visited by the researcher. Such

villages are where community surveys and focus group discussions were conducted

and were selected in consultation with the local leaders of Okwang Sub County. In

addition to consideration based to the criteria given in the M&E assessment plan which

included:-

a. Identifying the number of households that were displaced into IDP camps.

b. To collect and compile data on cases of land conflicts by formerly IDP households

who have returned to their places of origin.


c. To analyze and draw out conclusive learning lessons and insights based on the

information data of land conflicts by formerly IDP households return areas of origin.

d. To share information data with stakeholders both government and private sector

organizations to inform policy programming in Uganda

Study Respondent’s Demography In principle, the study was a participatory rapid appraisal exercise, approached at two

levels, the community and local leaders at the Sub County/district. It was designed to

collect data in the following manner:-

a) Structured questionnaires administered to sampled community of 194 respondents

of whom 99 (51%) were women while 95 (48%) were men (see Table I below);

stratified for purposes of generating a composite/aggregate pool of information

expected by the M&E study plan.

i) The rationale and assumptions for stratification included among others the intent

to provide accurate information on the level of land disputes affecting the former

IDPs in areas of return of the four selected villages of Okwang Sub County to

inform policy makers on land usage, ownership and inheritance in Uganda,

especially Northern Uganda.

ii) List of former IDPs in return areas of origin was used for individual

respondent’s identification.

b) Key informant interviews or focus group discussion for heads of IDP household’s

members and local leaders on issues of land conflicts.


c) Data extracted from land services delivery institutions on disputes resolution and

land administration in Lango Sub region.

d) The Sub County and District Local Government leaders were met to establish

common understanding on the need to conduct data collection exercise and

expected outcomes of the information being collected.

The possible challenges met from the study

a) Tenure Security

Tenure system has two important dimensions in Uganda: property rights (security

of land rights associated with tenure possession) and property rights distribution (to

whom these land rights are distributed). Therefore land tenure security is the

individual’s perception of his/her rights to piece of land on a continual basis, free

from imposition or interference from outside sources as well as the ability to reap

the benefits of labour or capital invested in land, either in use or alienation.

Application to this concept is presented below:-

i) Tenure security and return of IDPs – displacement and return has worsened

tenure insecurity, and in some instances it has sparked off new fears that were

not in existence before displacement.

ii) Threats to tenure security – threats are largely concerned with survival

(Livelihoods) or production of relations on land as a production factor, absolute

to meeting either family expectation or household needs for food security.

iii) Persistent tenure security threats – it is undeniable that displacement and return


has worsened tenure insecurity for the holders due to consistent delay by

relevant authorities to address or provide accessible legal procedures and

regulatory land instruments to inform, guide and protect land owners in post

conflict areas of Northern Uganda.

Rationale of M&E methodology and limitations

The M&E methodology comprises of both primary and secondary sources of data, it

also defines the scope of the survey, methods and tools used in data collection including

the challenges encountered during the entire exercise.

The M&E data was generated from two sources. Primary data which includes heads of

former IDP households, local leaders (local council leaders, religious leaders and

representatives from civil society organizations) and sampled out grass root community

members within the areas of field study. Secondary data includes review of:-

i) Constitution of the Republic of Uganda 1995 as amended: Regarding land

matters which refers to the protection and promotion of fundamental human

rights and freedoms including the rights to own property and acknowledges the

different tenure systems in Uganda.

ii) Land Act CAP 227 as amended: The Land Act outlines the different land tenure

systems (customary, mailo, freehold and leasehold) ownership and management

of land in Uganda.

iii) The Land Acquisition Act CAP 226: This Act deals with the procedures for

compulsory land acquisition by the government before it can obtain land from

private individuals or the company.


iv) The Local Council Courts Act 13 of 2006: The administration of justice at the

local council level in terms of jurisdiction, powers, and procedures of the Local

Council Courts is provided for under this Act.

v) The Local Council Courts Regulations No. 51 of 2007: This documentation

further allows for furthering the operationization of the provisions of the Local

Council Courts Act, 2006 as regards to procedures, fees to be paid, and remedies

thereafter.

vi) The Succession Act CAP 162: This Act lays out the law of Uganda which is

applicable to all cases of interstate or testamentary succession. Interstate

succession is where one dies without leaving a legal will, and testamentary

succession is where one dies leaving a legal will.

The data was collected through three avenues:

a. Interviews: One on one interviews was conducted for two categories of respondents

such as; selected former IDP household members who were targeted for their

knowledge and experience on issues related to land conflicts, and the grass root

community members who are struggling over issues of land disputes with former

IDP households who are both vulnerable to insecure land ownership and usage. A

survey guide was used to generate data from each category.

b. Focused Group Discussion: Two (2) to three (3) groups were formed during the

M&E study exercise comprising of the selected head of former IDP households and

local community leaders in order to discuss pertinent factors fuelling insure land


ownership and usage in Okwang Sub County. With the use of the FGD guides, the

groups discussed and presented the issues of land disputes, insecure land

ownership and land usage affecting peaceful settlement of entire community. At the

grass root community, an open general discussion was adopted during the one on

one interaction. All the above discussions were highly participatory and non

discriminative and was conducted in local language (Lango) since all the

respondents and Lango speakers.

Framework and analysis of conflict

This section presents the key issues found in the M&E survey on the plights of former

IDP households living in return areas of Okwang Sub County, Otuke district. The

presentation is made both in narrative and quantitative format. The findings of the

M&E study have been classified according to the categories of informants/respondents.

Table I: Presenting the categories of informants/respondents of the M&E study

Category Methodology Sex and Numbers

Male Female Total

Married Widower Married Widow Married Single

Selected Former

IDP Individuals

Face to Face

Interviews

3 14 4 13 7 27

Heads of Former

IDP Households

Focus Group

Discussion

(3 groups)

6 12 10 15 16 27


Local Leaders Focus Group

Discussion

(2 groups)

17 8 21 5 38 13

Grass Root

Community

Members

Focus Group

Discussion/One

on One Interviews

12 23 14 17 26 40

Total 38 57 49 50 87 107

Key Findings

The informants/respondents’ knowledge and experience of land conflicts or disputes

over land ownership from former IDP household members, heads of former IDP

households, local leaders and grass root community members interacted with have

revealed female members as the most highly affected in their community being

represented by 107 (55%) of total population met during the M&E survey. The rest of

informants/respondents has revealed 87 (44%) of the total population are married.

This is attributed to the experiences from incidences of land conflicts and disputes, to

which the majority reported and expressed insecurity and inadequacy of land usage

and ownership as a result from most of the people who are either relatives or former

neighbours already settling on the land are claiming all or part of the land in question

as their own. Another result from the interactions also revealed that border line trees or

remnant evident trees which could help in identifying the land boundaries were either

deliberately cut down or burned into charcoal which makes it difficult to tell their land


demarcations that could have helped solve the escalating land conflicts and disputes

which has become rampant in areas of return in Lango Sub region.

Out of the interactions, majority of the respondents also reported cases of taking the

matter of conflicts or disputes over land ownership and usage to the local council courts

of their areas of residences but was given little attention and redress to the issues of

land conflicts due to lack of informed active policy makers, un clear land policies, legal

land instruments to guide or regulate procedures and processes of acquiring and

owning land at grass root community level.

Table II: Presenting availability of statutory land documents at Local Council or Sub

County to guide and regulate land acquisition and usage by grass root community.

Statutory Land Documents

Check List

Methodology Results

Constitution of the Republic of

Uganda, 1995

Check list Not available

Land Act, amended version Check list Not available

Land Acquisition Act, amended

version

Check list Not available

Local Council Act, amended

version

Check list Available

The Local Council Courts

Regulations, amended version

Check list Available

Succession Act, amended version Check list Not available


Key Findings

This clearly confirms that the concern by the informants/respondents interacted with

during the field study about lack of informed active policy makers, unclear land

policies, legal land instruments to guide or regulate procedures and processes of

acquiring and owning land at grass root community level is true based on the statutory

land documents check list carried out.

The result of the study findings has shown that key statutory land reference documents

which should have been on stock at lower local government administrative levels from

local council to the Sub County were missing, not available and accessible to public

revealing that the leaders and policy makers do not have the relevant government

statutory documents to guide the processes of land acquisition, ownership and usage by

the local community of Okwang Sub County, Otuke district.

Table III: Presenting pending cases of land conflict and disputes in spite of redress

being sought from relevant authorities.

Category Methodology Sex and Numbers

Male Female Total

Married Widower Married Widow Married Single

Selected Former

IDP Individuals

Verbal report 3 14 4 13 7 27

Heads of Former

IDP Households

Verbal report 6 12 10 15 16 27

Local Leaders Check list 17 8 21 5 38 13


Grass Root

Community

Members

Random question

sampling

12 23 14 17 26 40

Total 38 57 49 50 87 107

Key Findings

The study findings has shown lack of competent local leaders and policy makers who

should help, guide, address and handle issues of land ownership and usage by their

communities including former IDPs in their areas of return

Framework and approach for assessing needs and explanations on how this relates to

the plan

The purpose of this study project is to obtain and analyse data to enhance

understanding of land disputes, which findings would like to inform policy, advocacy,

and other relevant interventions on land rights, security, and access in the sub-region.

The study wants to gather primary data and utilize secondary data collected as part of

the desk study on conflict as the framework and approach to assess the types of

conflicts experienced by the community of Okwang Sub County.

Having interacted with different categories of people from Otuke district, the researcher

gathered their views from which M&E study wants to use as evidence to share out with

customary leaders, government authorities and policy makers to influence future

programming. On the over all, the views was gathered on assumptions that:-

a) Misinterpretation of customary land laws due to decades of displacement has

eroded peoples’ understanding of customary law while some youth born in the


camps have no knowledge on how land is traditionally governed. Many are still

ignorant of the rights of orphans and widows under customary law and as such,

some have found themselves chased away from the land that is rightfully theirs.

b) Poverty and greed because people are poor as a result of over two decades of LRA

insurgency which made the displaced people had low engagement in economic

activities resulting from restricted camp life for long. Not having access to their land,

many realized the potential wealth that lies with the possession of land. As a result,

people’s desire to gain access to as much land as possible to sell/use and become

rich quickly.

c) Displacement due to conflict since Uganda has endured through many conflicts

which resulted in the movement of the population numerous times. As a result,

some are unclear of where their original homesteads are while others find it difficult

to determine land boundaries upon returning after displacement.

d) Division of communally owned land as a result from some people deciding to claim

such land for personal use/single clan use without the consent of the community

members and relevant stakeholders. While some individuals have occupied

formerly communally grazing/hunting land and claiming ownership.

e) Population increase over the years the land once occupied has become too small to

meet the needs of families and as a result those who once welcomed people from

outside and therefore chasing away those who were welcomed by ancestors to

ensure adequate land for immediate family members.


f) Death of clan and community elders who are familiar with customary laws and

boundaries have died, while on the other hand some guidance from some elders

have resulted into making parties in land conflicts more confused through

misguidance and the acceptance of manipulations and lies.

g) Loss of boundary markers as a result of many children being born in the camps do

not know demarcations and are unaware of land boundaries after return since some

markers such as trees and streams have disappeared making it difficult to

distinguish boundaries.

h) Weak institutions because many leaders lack knowledge of amended land laws

which makes them ignorant and incapable of successfully resolving land conflict.

i) Grouping in land matters during land conflict by one member of a clan against the

person of another clan makes the conflict to much bigger to resolve amicably.

j) Defiant nature of some youth because the camp life has eroded good culture out of

them resulting in the failure of some youth to listen and respect the guidance of

elders. Some youth also quickly resort to violence when facing conflict while at

times elders also manipulate them to do so.

Methods (tools) used for gathering data of the case study

This M&E was conducted in Okwang Sub County between November 30 – December

14, 2013. There were three components to the study.

The first component consisted of a preliminary research phase, conducted from October

30 - November 10 with the assistance of local government staff at Okwang Sub County.


The purpose of the preliminary research phase was to identify the former IDP

households faced by land disputes as a result of the impact from displacement. In total

the researcher interviewed 27 households, 40 grass root community members and 51

government officials. However, the single most-emphasized issue was the need for

land security for returning IDPs.

Thus, the next two phases of research and the substance of the report are devoted to the

issue of land security for former IDPs in return areas of Okwang Sub County.

The second component of the research involved interviews with NGOs and government

officials in Okwang Sub County, from November 15 -22.

The third component of the research was conducted from December 3-14 at Otuke

district headquarters. Otuke district headquarters was selected for two reasons. First,

the majority of formerly displaced persons have now returned to their ancestral homes

(99.7%). Second, very little research has been done on the potential ramifications of

displacement for land access in areas of return by former IDPs in Otuke district.

Indeed, Otuke district has been largely neglected by researchers.

The researcher noted that many informants/respondents were hopeful that he might

provide material and/or financial assistance. The researcher attempted to minimize

this risk by clearly stating the purpose for the interviews, yet it is possible that some

informant responses had misunderstood the researcher’s role.

Second, the sensitive nature of land concerns may have constrained informants’

willingness to speak openly about the challenges they encountered. The extent to

which people are suspicious and fearful of losing their land may have compromised


informants’ openness, in. The use of focus group discussions (FGDs) was intended to

reduce this discomfort, by providing a sense of anonymity, and in fact, the researcher

was often surprised at the willingness of informants to speak candidly about their

concerns regarding the government. All the same, there was clearly some reticence

observed in several of the informants. Interviews were held in four parishes of Okwang

Sub County. Okwang Sub County was selected by the researcher such that it would be

representative of the varying geographical impact of land disputes in Otuke district.

Four villages within the Sub County were chosen with the guidance of local officials

and lay people.

While the researcher interviewed traditional authorities and local government officials,

the bulk of the research consisted of focus group discussions (FGDs) with returned

IDPs. In each village, focus groups of 5-10 people were divided according to gender in

order to reduce the impact of gender power dynamics. In some villages, the FGDs were

further broken-down by age: 18-30 years old and 30-60 years old. Villagers were chosen

by the village chiefs or the village LC1 Chairpersons, who guided the selection a

representation of village hierarchy.

Following the FGD, the researcher conducted individual interviews in each village.

Respondents in the FGD were invited to speak on an individual-basis with the

researcher if they had anything additional to share in case they did not wish to share in

the FGD. The researcher also selected specific individuals with whom to speak. The

selection was based on one of the following criteria: the individual did not contribute

significantly/remained silent during the FGD; the individual seemed to have more


he/she wished to share; the researcher wished to clarify a point that the individual

made in the FGD.

The researcher used Luo/Lango as local language spoken by the respondents, as the

majority of those interviewed did not speak English neither understand it by having the

study questionnaires translated from English into Luo/Lango language to make the

time of interactions friendly and accommodative to all key respondents during the

study exercise. Also had the English version of the research study questionnaires used

for local leaders and some members of the local community who understand, speak and

write in English to get the expected complimentary M&E study results.

Potential ehical issues that may arise and recommended mitigating procedures

With reference to the plights of former IDPs in return areas of Okwang Sub County, it is

very imperative for customary leaders, government authorities and policy makers to

appreciate and adopt internationally acceptable best practices and critical challenges

that have cut across different conflict situations globally to draw principles for

applicability in Northern Uganda situation.

Normative frameworks for tackling land matters in relation to IDP return, resettlement

and reintegration should be given critical consideration by our leaders when dealing

with land policy and land administration:

a) The core issues in relation to conflict potential and land are always security of

tenure, access to land and equitable distribution of land requires the social

construct of all stakeholders’ involvement.


b) Land policy must be treated as an element of peace building mission though

have been under rated and given little attention, yet land policy plays

fundamental role in recovering from conflict and ensuring that further conflict

does not follow.

c) Land tenure security is only and only achieved if a persons’ interest in land can

be successfully defended when challenged.

d) Land policy must consider political, social, economic, cultural and ecological

dimensional aspects of its society in to avoid procurement of endless conflict.

e) Management of land disputes and claims calls for the establishment of

mechanisms and agencies to support the post conflict land administration.

f) Rights of vulnerable groups need to be specifically protected land policy and

administrative undertakings.

g) Lastly, land policy must strive to have an institutional approach and create

institutions and laws to meet claims for property restitution (recovery),

resettlement and compensation.

The following strategic areas and challenges must be addressed:-

a) The need to provide land for the landless people or those who cannot return to

their homes. Restitution of land to its lawful owners and procedures to

compensate people for whom restitution is not possible or consideration for

resettlement. This requires the establishment of procedures to compensate

people with various claims.


b) Redefining roles and responsibilities for land administration both central and

decentralized government agencies, customary authorities. Issues to rapidly

build the capacity in order to provide land administrative services needs to be

given possible alternative considerations.

c) Government’s financial and institutional capacity to implement policies and

timeframes will at times over demanding which needs special budget attention.

The choice whether such matters should be addressed legally or politically is

justified in the law and policy of Uganda. However, following legal procedures are

sometimes costly and cumbersome not only for right seeking public but for

government as well since the costs keep swelling as legal processes take time. As

recommendation, it would take minimal cost and time if the matter of land conflict

and claims is handled in collaboration with customary and local leaders but under a

designated government department established from community up to district level.

In conclusion, prospect of peace and security is now in sight that ever before, the

ability people to return and reclaim their property is a key of peace and normality.

Conclusions

M&E plan is a document used by project teams and researchers to help in planning and

management of all monitoring and evaluation activities throughout a particular

programme/project cycle.


Monitoring and evaluation (M&E) plan enables policy, programming, and/or projects

to make data based decisions regarding particular interventions as well providing

funding agencies with evidence based program outcomes because it informs and guides

effective implementation of programmes/projects because it yields data that can be

used to continually improve performance.

The plan also impacts on the outcome of programme, policy or project by incorporating several

acceptable best practices since the plan utilizes data collection and analysis techniques to

encourage the use of data at all levels for continuous improvement of services. To hit the point,

the M&E study plan for this project assignment was designed to be user friendly and

participatory tool to generate research resources which can inform policy decision making,

programming or redesigning of future policies which covers all land users in Uganda and

procedures of acquiring and owning land by its citizens in respective of status quo, ethnicity, sex,

age, education and geographical location.

The M&E plan also enhances local learning, management capacity skills, builds

consensus among stakeholders based on shared intervention goals and objectives as

well provide timely, reliable and valid information for management decision making

processes. It also increases cost effectiveness of shared learning on best practices and

cross cutting challenges in carrying an intervention including empowering the local

people in making their own decisions about the future.