The Uganda National Land Policy English Version

8/2/2019 The Uganda National Land Policy English Version

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THE UGANDA NATIONAL LAND POLICYPOPULAR VERSION

December 2010

Supported by

TRANSLATION IN ENGLISH

DRAFT FIVE


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iPOPULAR VERSION December 2010

TABLE OF CONTENTS

Introduction ......................................................................................................................................................... 1

2. THE LAND SECTOR IN NATIONAL DEVELOPMENT ............................................................................. 22.1 Land ownership, Optimal and Sustainable use of land resources ............................... 52.2 Integration of the land sector with other productive sectors ......................................... 5

3. THE CONSTITUTIONAL AND LEGAL FRAMEWORK ............................................................................... 63.1 Residual Sovereignty Over Land ............................................................................................. 63.2 The Power of Compulsory a Cquisition of Land .............................................................. 6

3.3 Public Regulation of Land Use and Development ........................................................... 73.4 Land Taxation .............................................................................................................................. 83.5 Public Trusteeship Over Natural Resources ...................................................................... 93.6 Government Land and Public Land ...................................................................................... 93.7 Minerals and Petroleum ............................................................................................................ 103.8 Land Tenure Regimes for Uganda ........................................................................................ 11

4. THE LAND TENURE FRAMEWORK ............................................................................................................ 12

4.1 Classicationof LandTenureRegimes.............................................................................. 124.2 Customary Tenure ...................................................................................................................... 134.3 Mailo Tenure and Native Freehold Tenure ........................................................................ 144.4 Freehold Tenure .......................................................................................................................... 144.5 Leasehold Tenure ....................................................................................................................... 154.6 Common Property Resources on Private Land ................................................................. 154.7 Land Rights of Ethnic Minorities ......................................................................................... 164.8 Land Rights of Pastoralist Communities ............................................................................ 16

4.9 Land Rights of Women And Children ................................................................................. 17


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THE UGANDA NATIONAL LAND POLICYii

4.10 Land Rights of Dwellers In Informal Settlements and Slums ...................................... 184.11 Land Rights of Other Vulnerable Groups .......................................................................... 184.12 Restoration of Assets And Properties to Traditional Rulers ........................................ 19

4.13 The Kibaale Land Question ................................................................................................... 204.14 Land Markets .............................................................................................................................. 204.15 Access to Land for Investment .............................................................................................. 214.16 Measures for Protection of Land Rights ............................................................................ 22

5. LAND RIGHTS ADMINISTRATION FRAMEWORK ................................................................................... 235.1 Land Rights Administration System .................................................................................... 235.2 Land Rights Delivery ................................................................................................................ 24

5.3 Land Rights Demarcation, Survey and Mapping ............................................................. 255.4 Land Information System ........................................................................................................ 255.5 Land Dispute Resolution ......................................................................................................... 265.6 Revenue Generation and Fiscal Functions ......................................................................... 27

6. LAND USE AND LAND MANAGEMENT FRAMEWORK ........................................................................... 286.1 Land Use Planning and Regulation ...................................................................................... 286.2 Land Quality and Productive Assurance ............................................................................. 29

6.3 Natural Resources and Environmental Management ..................................................... 306.4 Human Settlements ................................................................................................................... 316.5 Agriculture .................................................................................................................................... 316.6. Climate Change ...........................................................................................................................326.7 Institutional Framework for Land Management .............................................................. 33

7. REGIONAL AND INTERNATIONAL FRAMEWORK AND THE IMPLEMENTATIONFRAMEWORK .................................................................................................................................................... 34


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1POPULAR VERSION December 2010

INTRODUCTION

Land is the most basic resource in terms of the space it provides, the natural resources it contains and

supports, and the capital it represents and generates. It is a capital asset which can be used and traded, acritical factor of production and an essential part of national patrimony. Land is a key factor in shapingindividual and collective identity through its history, cultural expressions and idioms with which it isassociated. It inuences spirituality and aesthetic values of all human societies. Land is the most essential

pillar of human existence and national development.

Ugandas land problems originate from the colonial times when people were deprived of their rights toland especially ancestral land rights and new forms of land ownership other than those clearly understoodby the people were introduced. Among these were the mailo land ownership, leasehold and freehold all

very new. These new ways of owning land created new land rights more secure than those rights thatexisted making those old rights to land secondary to the newly created rights. On mailo land for example,a landlord tenant relationship is created, on freeholds licensees were created, whereas on leasehold acustomary tenant was created. In each of these cases the original owner now becomes a secondary landrights holder with very insecure rights.

As a result land conicts have ensued now spreading nationwide, massive eviction of people form landand increased dispossession of rights holders is occurring. The already complex situation is made worseby the discovery of mineral wealth and oil in various parts of the country, the rapidly growing populationare all factors competing for the scarce land resources. The existing land management framework revealsthat land is underutilized and inefciently managed with no clear government policy on the management

of government land, public land and public trust over natural resources which la led to inefciency andabuse of the utilization and management of the land resource.

Land rights administration has also faced several challenges that have resulted in poor performancein land services delivery. The institutions have been poorly funded, marred by corruption, lack of the


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ensure(vi) sustainable utilization, protection and management of environmental, natural and cultural resourceson land for national socio-economic developmentEnsure planned, environmentally-friendly, affordable and orderly development of(vii) humansettlementsfor both rural and urban areas, including infrastructure development;Harmonize all land-related policies and laws, and(viii) strengthen institutional capacityat all levels ofGovernment and cultural institutions for sustainable management of land resources.

The principles below underpinned and guide the national land policy:

Land is a natural gift for all Citizens of Uganda to hold, own, enjoy, use and develop either(i)individually or in association with others;Land policy must guarantee the right to own land and provide specic guidelines to govern the(ii)

acquisition of the land by non-citizens of Uganda;Land is a basic natural resource central to the development agenda of Uganda, its use and(iii)development must contribute to poverty reduction;Land must be productively used and sustainably managed for increased contribution to economic(iv)productivity and commercial competitiveness;Land policy must address all the multiple social, cultural, economic, ecological and political(v)functions of land;

Access to and transmission of land must reect concern with equity and justice irrespective of(vi)

gender;Management of land resources must contribute to democratic governance, by nurturing(vii)institutions and procedures for resolution of land disputes and conicts;Management of land resources must mitigate environmental effects, reverse decline in soil(viii)quality and land quality;Land policy must guide the development of policies in other productive sectors;(ix)Civil society organizations, faith-based institutions, cultural institutions and the private sector(x)must work hand in hand with government actors to achieve the vision, goal and objectives ofthe land sector.


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THE UGANDA NATIONAL LAND POLICY4

THE LAND SECTOR IN NATIONAL DEVELOPMENT

2.1 Land Ownership, Optimal and Sustainable Use of Land Resources

The laws on land in Uganda have focused on land ownership patterns and ignored land utilizationand development which is key for poverty eradication and food security. The policy is focusing onensuring that commercialization of land use is promoted through land use regulation. Key areas offocus is commercialization of agriculture as an engine of growth especially for the peasant farmers andurbanization. To achieve this there is need for improved land planning, management and enforcement

of regulations.

The policy statement:

The Land sector will increase its contribution to economic productivity and commercial

competitiveness by facilitating land use regulation and land development for wealth creation and

overall socio-economic development.

The Land policy proposes to do this by integrating the land sector in national development planning, sort

out the complexities in land ownership rights especially protecting the rights of the poor and marginalized,encourage large scale commercialization of land without compromising land rights of the citizens ofUganda, improve the efciency of small holder farming and support labour and credit for agricultural

productivity. The policy also proposes to have periodic assessment of land needs every ten years, putin place measures to manage the rapid population growth, promote standardized land use planning andland development practices at local level and strengthen community level institutions to manage theirland resources.

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2.2 Integration of the Land Sector with other Productive Sectors

Land and natural resources are so intertwined. Developments in either sector affect the other. This

therefore needs harmonization in development planning to ensure harmony within land, forestry, wildlife,energy, minerals, water, agriculture, livestock and human settlement. Effective linkages must be identiedand promoted to ensure increased contribution of the land sector to economic growth and developmentas well as commercial competitiveness.

Policy Statement:

a) Policy reforms will ensure that the land sector facilitates growth in other productive

sectors and makes an effective contribution to national development.

b) Land in Uganda will be managed as a public resource through effective crosssectoral

institutional arrangements.

To achieve this, the policy emphasizes that land resources required for development will be availed by thegovernment and local governments and that these developments will not compromise land quality, theperformance of the land sector and other productive sectors will be reviewed continually, resources will

be available for land sector development and civic education, stakeholder and professionals motivation inland management and administration will be undertaken to ensure the successful integration of the land

sector in the overall national development framework.


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THE CONSTITUTIONAL AND LEGAL FRAMEWORK

This part of the policy aims at clarifying the vagueness in the constitution and existing law relating to the

role of the state in land administration and management. It deals with the following areas:

3.1 Residual Sovereignty Over Land

The question here is who holds the overall ownership of Uganda (and thus the radical title )? TheConstitution says Land vests in the citizens of Uganda but does not spell out how they individually orcollectively assert this right over the ultimate title. This means that there must be authority to guaranteeany title to land, a clear denition of who does the reversionary tile vest in which means the entity with

the authority to allocate land must be claried. These are very complex legal questions.

Policy statement:

a) The Radical title to land will vest in the citizens of Uganda and will be exercised by the

State in trust for the citizens of Uganda.

b) The state will guarantee all titles issued under the radical title.

To achieve this, there will be a constitutional amendment to give the state the powers to act on behalf ofthe citizens. Furthermore, a law will be put in place to give the District Land Boards authority to allocateland not owned by any person or authority and to hold the reversionary interest on behalf of the citizensand to hold the District Land Boards accountable for their actions in land governance.

3.2 The Power of Compulsory a Cquisition of Land

This is the power of the Government or local government to acquire land in public interest and public

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use such as defense, public safety, public order, public morality or public health. A person whose land hasbeen compulsorily acquired must have prompt, fair and adequate compensation before the taking of theland. This is also called the doctrine of eminent domain.

Policy statements:

a) The state will exercise the power of compulsory acquisition responsibly and strictly in public

interest as a trustee for the citizens of Uganda.

b) The scope for the exercise of the power of compulsory acquisition will be extended to include

physical planning and orderly development.

This will be achieved by amending the constitution and the relevant laws, providing for the return andrestitution of the land after the purpose for which it was acquired has failed, expires or has been achieved,limit the exercise of this power by the central government, provide for uniform method and standardsfor the exercise of this power and develop the capacity of local governments on the terms and conditionsof compensation before extending the powers to them.

3.3 Public Regulation of Land Use and Development

The state has a duty to ensure that the way citizens use their land does not in any way harm public welfareand orderly development. This is called thepolice power of the state.

Policy Statement: The state will exercise the power of public regulation of land use strictly in the

interest of socio-economic welfare and development.

To achieve this, measures will be taken to set guidelines for the exercise of public regulation by central

and local government, review existing laws, educate the public on the need and importance of public


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regulation and ensure compliance with the laws and regulations on land use both in rural and urbanareas.

3.4 Land Taxation

Constitutionally, the State has the powers to regulate the use of privately owned land in public interestwithout taking away individual rights to land through over taxation or inappropriate taxation. Currentlyonly property rates are charged by local governments. In the spirit of promoting land as an engine forgrowth and poverty reduction, efcient land utilization is key and thus the policy introduces taxation of

idle land as a way of encouraging citizens to optimally utilize their land. It clearly states that the peasantfarmer is protected against taxation of idle land as he or she does not have either idle land or non-

productive land.

Policy Statement:

a) The state will over the lifetime of this policy establish a comprehensive and appropriateframework for taxation of land to encourage utilization and deter speculative accumulationof land.

b) The proposed land tax will be based on evidence derived from technical evaluations andstudies as well as appropriate mode in the East African Common Market.

c) When so established, the furtherance of the powers of taxation will not result in levy of landtax on:

i) land under agricultural practices that entail fallowing or un-use to allow for re-generationof land based resources;

ii) community lands under customary tenure used for grazing and hunting

iii) Lands under pastoralist production systems that entail extended periods of un-use to

allow for regeneration of land based resources, or


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iv) persons who preserve part of their land for the purpose of protecting and conserving theenvironment.

To achieve this, there will be denition of idle land, land eligible for taxation and the terms and conditionsfor taxation and exemption. A law will be put in place to aid the phased implementation of the land taxregime and determine incentives for sustainable and optimal land utilization.

3.5 Public Trusteeship Over Natural Resources

Wildlife, lakes, rivers, forests, wetlands and land reserved for ecological and touristic purposes is heldby the State in trust for the people. This means that the state holds this for the common good of all

people of Uganda. The line of owner and trustee has become blurred. The policy needs to clarify thisrelationship and clearly stipulate the role of the state and the citizens of Uganda in the ownership andmanagement of natural resources.

Policy statement: The State will manage and protect the natural resources held under public

trust for the common good of all the citizens of Uganda.

To achieve this, marginal lands, hill tops and sensitive ecosystems should be included in the ambit of

public trust; clearly state in a law the terms and conditions under which the state holds these resourcesin trust for the citizens and how citizens can access/use these resources; clarify the rights of resourcedependent communities, procedures for gazzettement and degazettement of natural resources held intrust; streamline the management of these resources by the trustee and beneciaries and the benet

sharing mechanisms.

3.6 Government Land and Public Land

Although the Uganda Land Commission was created by the Constitution to manage government land,


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to date this land has not been specied and its locations not known, there are no clear mechanisms for

identifying, managing and disposing of such land. The existence of public land is even more complicatedas district Land board have assumed the ownership of this land.

Policy statement:

a) Government Land is land vested in or acquired by the government in accordance with the

Constitution, or acquired by the government abroad. Government land includes all landlawfully held, occupied and/or used by government and its agancies, including parastatalbodies for purposes of carrying out the core functions of government. Government includescentral and local governments.

b) Public land is land reserved or held and used for a public purpose which includes public open

spaces and land on which public infrastructure is located. It also includes land which is notowned by any person or authority and land with a reversionary interest held by the District

Land Boards which was granted in leasehold by a former controlling authority.

This will be achieved though legislating the difference between public land and Government land, dening

the terms and conditions of acquiring and disposing of government land, clarifying the tenure andreversionary interest of subsisting leases and for the reconsolidation of public and government land.

3.7 Minerals and Petroleum

The constitution vests Minerals and petroleum in the government on behalf of the republic of Uganda,taking these resources away from the ambit of the public trust where the resources vest in the state onbehalf of the citizens of Uganda. It therefore takes this resources away from other natural resources andaway from the state to government as Governments change hands but the state remains the same.

Policy Statement:Minerals and Petroleum being strategic natural resources will vest in the state

for the beneficial interest of all citizens of Uganda.


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To achieve this, the constitution will be amended and an open policy guaranteeing public informationand participation in prospecting and mining will be guaranteed, the protection of land rights of those inmineral rich areas will be protected, restitution of the land after mining or extraction occurs instituted

and benet sharing guaranteed.

3.8 Land Tenure Regimes for Uganda

The Constitution recognizes four tenure regimes Freehold, Leasehold, Mailo and Customary tenure.Apart from leasehold, no detailed frameworks for the governance of these tenure regimes is given. Thereis no exibility for the evolution of these tenure regimes that may result in the growth of informal and

secondary rights to land.

Policy Statement:

a) Uganda will maintain multiple tenure systems as enshrined in the constitution.

b) The state will clarify the nature of property rights under the designated tenure regimes to

remove uncertainties

This will be achieved by amending the Constitution and the land law to allow tenure regimes to evolve

and develop in response to changes in social structures, technology, land use and market demands,allow for conversions from one tenure to another, strengthen the legitimacy of socially and culturallyacceptable tenure systems and ensure the recognition, education and strengthening of land rights of

women, children and vulnerable groups.


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THE LAND TENURE FRAMEWORK

The Land tenure framework is based on the principles that it will guarantee access and security of tenure,

ensure equity in the distribution of land and eliminate discrimination in ownership and transmissionof land rights, preserve and conserve land resources for future generations, protect natural resources,facilitate planning and evolve in response to competing social, economic and political demands.

4.1 Classicationof LandTenureRegimes

Land may be classied by law thus making the land rights formal or informal, in terms of land use e.g.public, private or government; or in terms of the quantum thus whether the rights are absolute rights

(freehold, Mailo and customary tenure) or time bound (leasehold). Classication of land in Ugandadoesnt include the second category of use.

Policy statement:

a) Land will be categorized as private land, public and and Government land.

b) Each tenure system will be defined in detail to ensure that all tenure regimes recognized under

law confer social, economic, environmental and political security to land owners, occupiers and

users.c) The state through its agencies will regulate the use of land held under all tenure regimes to

achieve sustainable development.

This will be achieved by putting in place laws to liberate each tenure system, guarantee equity and theprotection of any persons rights in the course of transmission of rights and ensure equitable landdistribution through the checking of speculative accumulation of land to the detriment of the poor.

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4.2 Customary Tenure

Customary tenure was rst recognized as legitimate tenure in the 1995 constitution and thus legislated asformal tenure. It has however been marred by misconceptions as its very nature and governance regime

was not clear. As such it has been considered inferior to other tenure regimes.

Policy Statement:

a) The state will recognize customary tenure as equivalent to freehold tenure

b) The state will provide for registration of customary tenure in its own form under a customary

land registry as equivalent to mailo or freehold registry.

To achieve this a customary land registry will be developed for the issuance of certicates of title

equivalent to freehold titles. Conversions to freehold of privatized or individualized customary landwill be permitted. The strengthening and facilitation the evolution of customary tenure in response tosocial, economic and political demands will be undertaken as well as documentation of customary landtenure rules applicable to specic communities at district or sub-county level. An inventory of commonproperty resources owned by the communities will be carried out.

Furthermore, a law to will be passed to facilitate the evolution of customary tenure particularly payingattention to modify the rules of transmission of customary land, recognize the role of customary

institutions, provide for joint ownership of family land by spouses, distinguish individual land rights fromcommunal rights and develop procedures to ensure equity and land distribution under customary tenure.

The policy further stipulates measures to strengthen traditional land management and administrationthrough recognition and enforcement of the decisions of traditional land management institutions by localgovernment and state institutions, ensure full judicial backing for traditional institutions as mechanisms ofrst instance in land allocation, land use regulation and dispute processing and ensure that the decisionsof the traditional land management institutions uphold constitutional rights and obligations with regard

to gender equality.


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4.3 Mailo Tenure and Native Freehold Tenure

Multiple layers of rights over the same piece of land on this tenure has created a deadlock on the useof this land. The landlord-tenant relations have broken down due to the scrapping of existing laws that

governed the payment of ground rent. This has resulted in massive evictions and conict.

Policy Statement: The state will take legislative and other measures to resolve and disentanglethe multiple, overlapping and conflicting interests and rights on Mailo tenure and Native Freeholdtenure.

The proposed measures entail encouraging free negotiations between the land lord and tenants,institutionalize land sharing and land readjustment, purchase of the interest through the use of the land

fund, as measures of land redistribution.

In order to ensure a just, equitable and amicable land-lord tenant relations, the redenition of bonadeoccupant and the restoration of the rights of the registered owner to negotiate fair tenancy terms will berestored. Recourse will be had to the courts of law to set the rate where there is failure to agree betweenthe landlord and tenant.

4.4 Freehold Tenure

Freehold tenure although considered as the tenure for the future is very expensive as it requires substantialresources for adjudication, consolidation and registration. It is also difcult to regulate as its terms andconditions are not conditional as is the case with leasehold.

Policy Statement: The State shall exercise its regulatory power on freehold tenure to ensurecompliance with physical planning regulations and standards for orderly development.

To achieve this, a law will be enacted to impose terms and conditions on freeholds to regulate its use anddevelopment. For land held under trusts on customary land, the land may be registered as freeholds inthe names of the trustees.


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4.5 Leasehold Tenure

Leaseholds are rights to land derived from a superior title and are said to confer more developmentespecially human settlement and development. With the coming into force of the Constitution in

1995, leases new dimensions to the status of leases came to be especially with scrapping of controllingauthorities and the recognition of customary tenure. The law also provides to the conversion of leasesinto freeholds.

Policy Statement:

a) Leaseholds or analogues arrangements will be promoted as basic instruments for access to

land for development in urban areas and areas of high demand.

b) Leaseholds will only automatically convert to freeholds if a customary tenant acquired alease over his/her personal land.

This will be achieved though the conversion of all leases on the customary tenants personal land prior to1995 to freehold. Stopping the conversion of leases out of public land into freehold except where thereis a degazettement and limit their duration to a period not more than 99 years for citizens and 49 yearsfor non-citizens; encouragement of the use of leasehold across all tenure; provision of standards for theexercise of reversionary rights and protect the rights of lawful and bonade occupants to land.

4.6 Common Property Resources on Private Land

Common resources are those land based resources that were or are still held by the communities forcollective use such as grazing lands, watering points, wood lots and hunting grounds. Some of these landshave been grabbed, sold illegally and privatized by some individuals within the community.


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Policy Statement:

a) Existing laws and regulations on the management of common property resources will bereformed to conform with standards for sustainable land use and development.

b) Government in collaboration with land owners will ensure that land based resources whoseownership is vested in a private entity or community are managed sustainably.

This will be achieved through the identication and gazettement of the access routes or corridors toand common property resources wherever they exist; build communities capacity in common propertymanagement and facilitate the registration of common property resources by the communities.

4.7 Land Rights of Ethnic Minorities

The Land rights of ethnic minority groups and indigenous peoples are not often recognized as thesecommunities are resource dependent and often caught up in gazette areas such as national parks, forestreserves, mining areas, lake shores or river banks. Government as owner and regulator often evicts thesecommunities without recourse to their rights to land or compensation.

Policy statement: Government will in its use and management of natural resources recognize andprotect the land rights of ethnic minorities to their ancestral lands.

This will be achieved through legislating the recognition of these rights guaranteeing security of tenurefor the ethnic minorities and detailing terms and conditions under which they may be displaced in theinterest of conservation. Issues of benet sharing, criteria for gazettement and degazettement and themode of compensation of the minorities that have faced historical injustices will be streamlined in thelaw to be enacted.

4.8 Land Rights of Pastoralist Communities

Pastoralist lands have been grabbed thus reducing the amount of land that exists for pastoralism making

leading to increased land degradation. Mobility has also resulted in conict. Sustainable pastoralism must


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be developed to ensure sustainability of the rangelands.

Policy statement: Land rights of pastoral communities will be guaranteed and protected by the state.

This will be achieved through legislation to protect the common property resources of pastoralistsprescribing clear principles for ownership, control and management of pastoralist lands. To ensureharmonious existence of pastoralism with other competing interests such as wildlife, energy and agriculture,zoning will be undertaken and protection of pastoralist lands against appropriation legislated. Restitution,compensation or resettlement of pastoralists in their ancestral lands where there were historical injustices

will be considered and mechanisms for negotiation of grazing routes will be established.

4.9 Land Rights of Women and Children

Although the Constitution provides for equality, the outlawing of customs, cultures and practices thatdiscriminate against women has not been achieved due to failure in implementation and weak enforcement.Customary practices continue to override statutory law.

Policy statements:

a) Government will undertake further legislative measures to protect the rights of access to

inheritance and ownership of land for women and children.

b) The government will address the existing gender inequality and ensure that both men andwomen enjoy equal rights to land before marriage, in marriage, after marriage, at succession,without discrimination

This will be achieved through the regulation of customary law and practices to ensure that rules andprocedures relating to succession do hinder land from passing on to women and children and to avoidviolation and abuse of womens land rights. Furthermore, traditions and customs which discriminate againstwomen and children with respect to access, use and ownership of land will be reformed; ensuring that family

land is held in trust for the family and that family heads are held accountable for their actions on land.


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Statutory law will be reformed to uphold principles of equity and equality in matrimonial property,succession laws and the presumption of marriage for purposes of securing property rights of spouses

who have acquired land in cohabitation. Protection of rights of children on land will be reinstated in thelaw.

4.10 Land Rights of Dwellers in Informal Settlements and Slums

Land tenure in Uganda provides major hurdles to providing decent housing stock to the middle and lowincome earners because land is privately owned. This has led to the increase in slum dwellers living inmarginal lands with high environmental concerns and health hazards under terrible conditions in urbanand peri-urban areas.

Policy statement: Government will provide a framework for regularizing land tenure for dwellersin informal settlements and slums.

This will be achieved through availing resources to the urban poor to secure their rights to land andfacilitating negotiations between registered land owners, the government and dwellers of informalsettlement and slums. There will also be the regulation of the sub-division of land in Urban and peri-urban areas to guarantee economic security in the land sector and in this further regulate and regularizesettlements to conform with health, safety, sustainable environment and public order standards.

4.11 Land Rights of Other Vulnerable Groups

The stipulated vulnerable groups are people living with HIV/AIDS, people with disability, the elderlyand internally displaced persons. These groups are likely to lose their land rights due to poverty, evictions,land grabbing, distress sales and abuse of inheritance procedures.


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Policy statement:

a)Legislation and management practices will accord all vulnerable groups equal land rights inacquisition, transmission, and use of land.

b) The State will regulate land markets to curtail distress land sales and ensure that the land

rights of the vulnerable groups are protected

This will be achieved through the enactment of a law to protect the rights of vulnerable groups, guaranteeaccess to land for these vulnerable groups, regulate the land market to ensure rights of the vulnerablegroups are protected from appropriation and carry our sensitization to encourage the vulnerable groupsto hold their ownership rights to land.

Restitution of lands, housing and property or paying adequate compensation or resettlement of internallydisplaced persons will be one of the measures to be undertaken through putting in place mechanisms andstructures for claiming restitution, compensation or resettlement.

4.12 Restoration of Assets and Properties to Traditional Rulers

In 1993, the Government of Uganda passed a law to restore properties of traditional rulers as trustproperties for its people. This restoration was phased and as such negotiations are still ongoing for theproperties that were not stipulated in the law. The relationship between the rights holders and personssettled on the land need to be claried.

Policy statement:

a) Government, upon proof of claims, will restore all properties of Traditional Rulersconfiscated in 1967 conclusively, in agreement with the traditional rulers as provided forunder the Traditional Rulers (Restoration of Assets and Properties) Act Cap 247.

Land and properties restored to Traditional Rulers, on behalf of their subjects, will be used and(b)

managed for the common good of the subjects of the Traditional Ruler as public trust properties.


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This will be achieved through ensuring a clear distinction is drawn between traditional rulers personal landand property held in trust for their subjects, the observance of their role as trustees and the protectionof those occupying the restored land from illegal evictions.

4.13 The Kibaale Land Question

The Kibaale land question is one of historical injustice arising from the alienation of two counties ofBuyaga and bugangaizi to Buganda. As a result The absentee landlords Baganda still hold ownershiprights over this land despite the 1964 referendum that returned these two counties to Bunyoro. This hasbeen compounded by the inux of internal migrants especially form Kigezi leading to the emergence ofconict on both the protected areas and between the land owners and the natives.

Policy statement : Government will take conclusive measures to redress historical land injusticesin a manner that promotes harmony for peaceful co-existence of indigenous persons andimmigrants in Kibaale District.

This will be achieved though the committal of sufcient resources into the land fund for the compensationof the absentee landlords, undertake a detailed land audit of all land occupied by immigrants, restoreownership rights to the indigenous people through land adjudication and re-distribution and formulate aresettlement policy to guide the migration and settlement of people.

4.14 Land Markets

Land markets are to do with the transfer of rights and interests in land through sale, assignments,rental, hire, pledge, and similar forms of exchange. Apart from direct allocation and transmissions, theland market is the primary avenue through which access to land is obtained. Whatever market exists,it is important that it functions efciently and equitably and in support of the socio-economic andcultural needs of the users. There is therefore, need for government to regulate the land market and

develop infrastructure to support efcient and equitable land market operations. There is also need to


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ensure that land rights of vulnerable and marginalized groups are not lost in the process of transactingon land.

Policy statement: The Government will promote efficient, effective and equitable land marketsin all land tenure regimes.

This will be achieved by facilitating the exchange of rights without compromising tenure security ofindividuals and communities, identifying a body that will regulate the land market and design measuresto mitigate the negative effects of a vibrant land market and to regulate the non-state actors in the landespecially the real estates agents and other professionals market to reduce speculative purchase. This willbe possible by the establishment of a well functioning land information system and improvement in landregistration through computerization. The development of the land rental market is key in promotingaccess to land and productivity

4.15 Access to Land for Investment

Government and its agencies need to create an environment that attracts private investment, both foreignand domestic, for the transformation of the economy. Investors need assurance to the property rights toland in which they invest.

Policy Statement:a) Government will create an enabling environment to attract investment (both domestic and

foreign) in key sectors in the economy:in accordance with established laws and procedures without exceptions;(i)

on the basis of appropriate evaluation, due process and due diligence.(ii)

b) Government will put in place measures to mitigate the negative impacts of investment so as

to deliver equitable and sustainable development.


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This will be achieved through the formulation of a strategy to guide the state and its agencies in theprovision of land for investment including determining the amount of land that can be made available,removal of bureaucracy and corruption inland management institutions and facilitate the delivery of landfor investment. Compulsory acquisition of land does not apply to acquiring land for investment and theland rights of citizens will be protected in instances where direct purchase is an option of acquisition.

4.16 Measures for Protection of Land Rights

The vast majority of Ugandans may not be able to afford the cost of formally securing land rightsunder any of the tenure regimes recognized by law. Land rights delivery mechanisms and agents alone,cannot be entrusted to guarantee tenure security to land users, especially the vulnerable. Furthermore,setting minimum land sizes to avoid excessive sub- division of land, in rural and urban areas for orderly

development is of paramount importance.

Policy Statement:

a) Government will develop and implement measures for effective assurance of enjoyment of allland rights by all citizens.

Government will set minimum land sizes for rural and urban land to promote orderly(b)development.

Non-citizens will not be granted interest in land greater than leasehold for 49 years in respect(c)of land in Uganda.

To achieve this, integrating land rights and land administration in the national school curriculum will beundertaken. Regulation of the cost of delivering land services will be further decentralized and communitystructures for the governance of customary land will be strengthened. The role of civil society in theprotection of land rights is recognized and regulations set for the minimum parcel sizes of land in ruraland urban areas and for alienation of land to non-citizens.


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5SECTION

LAND RIGHTS ADMINISTRATION FRAMEWORK

Land rights administration comprises the structures and processes through which rights in land are created,

dened, and recorded or certied; the integrity of land transactions is assured and guaranteed, landrights disputes are processed, land revenue is generated, and land information is inventoried, providedor otherwise archived. It is, thus, the primary public vehicle through which land needs of the public andindividuals are processed, satised and secured.

5.1 Land Rights Administration System

Land rights administration operations have contributed to severe land rights insecurity especially as aresult of lack of proper record keeping, persistent inaccuracies in land registry information, corruption

and fraud and general mistrust of the land rights administration system. Land rights administration needsto be treated as a professional function, removed from the realm of politics and insulated from politicalpressures, often bent on appropriation of land resources.

Policy statement:

a) Government will wholly and fundamentally restructure the lands rights administrationsystem to enhance efficiency, ease of access, and cost-effectiveness.

b) Government will recognize and harmonize the traditional customary system with the formal

statutory system in land administration

This will be achieved through further decentralization of the Land rights administration function to

traditional customary land governance levels redesign the ;and rights administration institutions and


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enhance effective participation of land owners and users especially women in land governance.

5.2 Land Rights Delivery

Land rights delivery serves the dual system of receipt and processing of land rights and interests underall tenure regimes. The systems require urgent modernization and simplication to avoid corruption and

inefciencies.

Policy Statements:

a) Land administration and management will be a function for which Government is responsible

in accordance with the Constitution

(b) Government will overhaul the existing institutional framework for land administration and

land management to facilitate the delivery of efficient cost-effective and equitable services.

c) Government will ensure that all land administration structures and processes at all levels are

transparent, accountable, efficient, cost-effective and accessible to the public.

This will be achieved through maintenance of a land registry for recording and certication of rightsunder customary law, simplication of all land registry practices and develop a system to track changes in

proprietorship or ownership of land through the transmission of land rights. There will also be a reviewof the Local governments Act in order to ensure delegation of certain services to local governments andthe creation of a semi-autonomous state agency responsible for land administration and land managementat national level. The establishment of regional land ofces foe efcient service delivery is a key strategy.

The dispute processing function will be retained in the communities.


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This will be achieved through the development of computerized land recordation system that willsupport the land information system and amend the law to take cognizance of technology. This process

will include the development of standards for the information and rehabilitation and digitizing of theexisting records. The land information system must be understood by community level land managersand users.

5.5 Land Dispute Resolution

Land disputes are escalating nationwide and the existing land justice structure has not been able to cope

with the growing demand for land justice. There is need to ensure access to timely, efcient and affordable

dispute resolution mechanisms for efcient land markets, tenure security and investment stability in the

land sector. Furthermore, there is need, to restructure the land dispute management system in a mannerthat recognizes the inherent differences between disputes over land held under customary tenure and

those held under other tenure regimes

Policy statements:

a) Land Tribunals will be reinstated, properly resourced and facilitated to enable them carry out

their constitutional mandate.

b) The State will establish a special division in the High Court and Magistrates Court to handle

land disputes for the development of a consistent property jurisprudence for Uganda;

c) Land disputes resolution mechanisms will be reformed to facilitate speedy and affordable

resolution of land disputes.


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This will be achieved through the reinstatement of the land tribunals devoid of any complex legalprocedures associated with the ordinary courts of law, with clear rules governing their function and aclear hierarchy on dispute resolution structures will be developed. For customary land, precedence will beaccorded to indigenous principles and practices in dispute management institutions. Alternative DisputeResolution remains a key strategy for dispute resolution in the National Land Policy

5.6 Revenue Generation and Fiscal Functions

Decentralization of the land rights administration system under the Land Act Cap 227 and Local

Governments Act Cap 300 (Amended 2003) has created opportunities for revenue generation and scal

management through land taxes, land rates, stamp duty, rental income, and through delivery of land

services. It is important that the full potential to generate revenue from the land rights administrationsystem is actualized and enhanced.

Policy statement: The Government will develop the capacity of land sector institutions for

effective revenue generation and fiscal management.

This will be achieved by review of land taxation laws in order to create other avenues for revenuegeneration. Monitoring the performance of institutions charged with revenue collection from the land

sector will ensure reduction of wastage and pilferage. Capacity of local institutions will be built onrevenue generation and utilization and levies controlled in both urban and rural areas through the use of

guidelines administered by local governments. To ensure land sector development, there will be equitablesharing of revenue generated by the national, local and community land rights delivery institutions.


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LAND USE AND LAND MANAGEMENT FRAMEWORK

Uganda is faced with problems and / or challenges of inadequate land use planning and enforcement

of land use regulations, unsustainable land use, rapid urbanization, poor environmental management,inadequate natural resources/ecosystem conservation and management. In addition, land use and landmanagement, lies in many and different bureaucracies managing isolated portions and aspects, whichare often uncoordinated and in competition with one another for recognition and resources. Thus, thereare critical overlaps in institutional responsibilities and insufcient collaboration among public sectorinstitutions and agencies. The reality is an institutional framework that does not promote sustainable landdevelopment as it is an obstacle to rational, effective and efcient management of land resources. Thisframework looks at land management, land utilization and institutional framework

Policy statement:

a) Government will ensure that land resources are used and managed in an integrated andsustainable manner.

(b) Government will design and implement a comprehensive framework for proper stewardshipof land resources.

This will be done through the development and enforcement of adequate land use standards, andoverhaul the entire land use administration framework including training, deployment of professionalland auditors and review of policies relating to all land using sub-sectors to ensure harmony with thenational land policy.

6.1 Land Use Planning and Regulation

Physical planning is an important tool in the management of land under any tenure. Indeed, it is the rststep in land use management as it enables the State, local governments, communities and individuals to

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determine, in advance, the direction and rate of progression of land sector activities by region and area.

Primary instruments for physical planning in Uganda have failed to provide adequate guidelines forplanning at the national or regional levels and implementation plans in rural areas. Besides, local planning

authorities, i.e. local councils, do not always have the resources and technical capacity to plan and / orimplement approved plans. A serious gap exists between land use plan preparation, implementationand enforcement of land use regulations. In addition, there is lack of a framework to handle land useconicts.

Policy Statements:

a) Government will ensure that natural resources are used and managed sustainably for the

benefit of the present and future generations.(b) Government will review and overhaul the framework for land use planning and regulation

This will be achieved by declaring the whole country a physical planning area for purposes of landuse development, provide guidelines on zoning and enforce compliance with land use regulations andstandards in both urban and rural areas. Furthermore, there will be integration of physical infrastructureplanning into the overall national and regional physical development planning schemes. There will bea comprehensive law review to ensure that the laws are in harmony with the National Land Policy.

Core to these processes is capacity building and training of communities on land use planning andmanagement.

6.2 Land Quality and Productive Assurance

Deterioration and degradation of land quality is one of the major problems in the land sector. This is dueto poor land use and management practices, severe soil degradation, desertication due to climate changeeffects, serious wastage and pollution of land and water resources and lack of adequate support services

infrastructure, especially for agriculture. There is an urgent need for land quality assurance measures and


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strategies to reverse this trend.

Policy statement: The Government will institutionalize mechanisms to restore, maintain andmonitor the quality and productivity of land resources.

This will be achieved through the restoration and maintenance of the quality of land resources throughsound land use practices and appropriate conservation measures. Guidelines will be developed to controlland fragmentation industrial waste disposal,, control of soil degradation and encourage settlement inurban areas. Community empowerment through sensitization and participation in sustainable land usepractices will be promoted.

6.3 Natural Resources and Environmental Management

Uganda faces a number of environmental problems, including the degradation of natural resourcessuch as forests, wildlife habitats, wetlands, fragile eco-systems (hilltops and savannah woodlands), watercatchment areas, river banks and water bodies as well as soil degradation and pollution of land, air and

water. Although policies and legislation exist to address these issues, these have turned out to be difcultto implement due to bureaucratic bottlenecks that impede efcient implementation and decision-makingin the land sector.

Policy Statements:

a) Government will ensure that natural resources are used and managed sustainably for the

benefit of the present and future generations.

(b) Government will take measures to restore and maintain the integrity of natural resources.

Government will enhance the effectiveness of the framework for environmental management(b)by strengthening environmental planning, regulation, enforcement and monitoring as well asstakeholder participation in natural resource management.


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Government will ensure that all land uses practices conform to land use plans and the(c)principles of sound environmental management, including biodiversity, soil and waterprotection, conservation, and sustainable land management

This will be achieved by creating incentives for community participation in conservation on privatelyowned land and reward for good natural resource husbandry. This will also involve development of aframework for benet sharing between land resource management institutions and authorities and localcommunities.

6.4 Human Settlements

Uganda does not have a human settlement policy. Human settlements development (both rural andurban) is inhibited by inadequate physical planning coupled with rapid and haphazard development.Urban settlements, in the wake of rapid urbanization, is associated with informal settlements, inadequatepoor shelter, lack of infrastructure and basic services, urban sprawl, infringement on prime agriculturalland environmentally-sensitive areas such as wetlands, hilltops, and lake shores.

Policy statement: Government will formulate a National Human Settlement Policy andNational Urbanization Policy to undertake comprehensive planning for orderly and sustainabledevelopment.

This will be achieved through the development of a comprehensive national Human settlements policy,national urbanization policy and ensuring strict enforcement of land use regulations for purposes ofachieving proper planning and social service allocation. Appropriate laws will be put in place to facilitateand regulate urban agriculture.

6.5 Agriculture

In Uganda, agricultural production is mainly by small-holder production. Agricultural land in Uganda has


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not always been optimally and sustainably used. Poor agricultural practices are resulting into increasedland degradation such as soil erosion and soil nutrition depletion, de-forestation, over-grazing and watercontamination. Land productivity potential, land capability, and land sustainability for agriculture is not

well known. This makes it nearly impossible to allocate land to its most optimal uses.

The need for demarcation of agricultural zonesof production excellence based on production potentialand existing comparative advantages, is self-evident. Over-population in some areas has resulted into landfragmentation, and over use, affecting land quality, agricultural production and economic development.Land tenure security as it relates to access and ownership remains a major menace among women farmers.Finally, Uganda does not have an agriculture policy.

Policy Statement: Government will regulate the use of land and water for agricultural production

in tandem with a National Agriculture Policy.

This will be achieved through the development of a comprehensive National Agricultural policy thatincludes issues of zoning for agricultural production, consolidation of agricultural land holdings,sustainable use and management of water, soil and land resources for enhanced agricultural productivityand the requirement for an agricultural land resources and soil inventory

6.6. Climate Change

Uganda is already suffering from the impacts of climate change and variability. The issues of greatestconcern in Uganda include deforestation, wetland degradation, land degradation and poor settlementsplanning. Increasingly environmental degradation and disasters cause their victims to migrate in searchof better conditions.


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Policy Statement:

a) Government will mainstream sustainable management of the Environment and naturalresources in its plans and programmes to mitigate the impacts of climate change.

(b) Government will develop a framework for compliance with all international commitments onmanagement of climate change parameters.

(c) Government shall put in place strategies to reduce and mitigate climate change andvariability

This will be achieved by the regulation of activities that generate greenhouse gases, enhancing civicparticipation in climate change mitigation activities promoting the efcient use of new and renewableresources and in particular the exploitation and generation of indigenous sources of energy. This isbacked by capacity building on response to and management of extreme events arising from climate

variability.

6.7 Institutional Framework for Land Management

Sustainable management and use of land-based natural resources cannot be achieved withoutcomprehensive reform of the institutional and administrative framework, currently in force which ismade complex by the multiplicity of institutions, with varying responsibilities on land management,

overlapping in mandates without clear policy principles and guidelines.

Policy Statement: Government will establish a harmonized and integrated institutionalframework for efficient use, appropriate stewardship and effective management of land basednatural resources.

This will be achieved through the review of policies and renement of the mandates of various agenciescharged with the management of land based resources. It also entails the creation of land management

structures that are effective, efcient and democratically operated in a decentralized policy framework.


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REGIONAL AND INTERNATIONAL FRAMEWORK AND THE

IMPLEMENTATION FRAMEWORK

The policy deals with issues of implementation of regional and international obligations in relation toland to which Uganda is party and the need to align the national land policy to these different internationalagreements. It also deals with the need to reform national laws to ensure that they are in harmony withthe national land policy. It addresses the management of trans-boundary resources and cross borderpopulation movements.

It provides for the costing of the implementation of the national land policy, an implementation plan

for the national land policy, the participation of the various stakeholders, public education and thedissemination of the national land policy and monitoring, evaluation and review of its implementation.

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UGANDA LAND ALLIANCE

Block 29, Plot 1521, Mawanda Road. P.O. Box 26990 Kampala,Uganda.Tel: 256 414 540 038 Fax: 256 414 540 048Email: [email protected] Website: www.ulaug.org

Documents

The Uganda National Land Policy English Version