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FORMULATION OF THE NATIONAL LAND POLICY FOR UGANDA

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									    DEVELOPMENT OF THE NATIONAL
      LAND POLICY FOR UGANDA
BACKGROUND

   Land Policy development process and land
    reform has been on Uganda’s agenda
    since 1983 when the government
    established an Agricultural Policy
    Committee that resulted into a report on
    Land Tenure and Agricultural
    Development in 1989
       Land Tenure and Agricultural
        Development Report, 1989
 In 1983, Govt. of Uganda established an
  Agriculture Policy Committee for purposes of
  coordinating, directing and reviewing key
  policies and programs in the agricultural sector
 The Committee, together with Makerere
  Institute of Social Research and the Land Tenure
  Centre- University of Wisconsin, USA carried out
  a detailed study on Land tenure and agricultural
  development in Uganda
 This study made several recommendations but
  was the first study that also informed the initial
  process of policy reform in Uganda.
 Among other things: The study recommended
  the policy alternatives for Uganda as a country
  and also pointed out alternative tenure policy
  that could stimulate social and economic
  development in the agricultural sector.
Odoki Commission Report 1992
 This Commission commonly known as the
  famous Odoki Commission of 1988, was
  appointed by Government to review our
  constitution and make proposals.
 Under Land proposals and recommendations
  for the new Constitution of 1995, issues on
  land tenure, land use, management,
  POLICIES came out leading to a change in
  the management system as is now in
  ARTICLE 237 OF THE CONSTITUTION 1995,
  and Land Act CAP 227
        1995 CONSTITUTION
  The Constitution points out the salient
  issues for the land policy process in
  Uganda through Article 237
 Land belongs to the citizens of Uganda
 Land shall be held in accordance with four
  tenures (customary, freehold, leasehold,
  Mailo)
 Government can acquire land in public
  interest
 Parliament to make a law regulating the
  relationship between bonafide and lawful
  occupants on registered land
 Parliament to make a law providing for the
  acquisition of registered interest by lawful
  or bonafide occupants
     Salient issues in the 1995 constitution

 Uganda Land Commission to manage
  government land
 The rest of land to be managed by District
  Land Boards
 District Land Tribunals to handle land
  disputes cases
 Non-citizens to acquire only leaseholds
             1998 Land Act
 Came into force on July 2nd 1998
 Operationalises the principles laid down in
  the Constitution of 1995
 Implementation of the Land Act is not
  realised fully because, among other
  things, there is no comprehensive policy
 2001 a Strategic Plan is put in place
  (commonly known as the LSSP) as a
  mechanism to carry forward the reforms
             LSSP 2001-2011
 The LSSP was designed to provide for the
  operational, institutional and financial framework
  for the implementation of sector wide reforms
  and land management including the
  Implementation of the Land ACT.
 One of its key strategic objectives was the
  development of a National Land Policy, which
  was pro-poor and putting in place a systematic
  framework for addressing the role of land in
  national development,
 land ownership, distribution, utilisation,
 management and control for poverty
 reduction.

Land Use Policy
 Within the framework of the LSSP, under
 land utilisation and management, we have
 developed a draft Land Use Policy
         Background cont’d
 Based on that background, in 2001 the
  then Ministry of Water, Lands &
  Environment agreed that as part of the
  policy formulation process, there had to
  appointed a National Land Policy Working
  Group (NLPWG) to steer this process.
 NLPWG was then appointed in 2001
    Composition of NLPWG

The membership of this working group
was drawn from both public and private
sector institutions, government
departments, NGOs and other
stakeholders working on land.
        Progress Made So Far
 Issues Paper for the NLP was completed in
  2004
 In a retreat with all the key stake holders
  and the Working Group, areas that needed
  further studies / research were agreed on
 5 study areas were identified and
  consultants hired to undertake these
  studies
           Key Study areas
The areas identified and
 recommended as key study areas
 included:
 Study on Revenue Generation, Utilisation,
  Sharing and Mechanism for Fiscal Transfer
 Study on Integration of Traditional Land
  Administration in the Land Act and
  Management of Common Property
  Resources in Uganda
 Study on Resettlement, Landlessness and
  Internally Displaced Persons
             Study Areas cont’d
   Study on Privatisation and Divesture of Land
    Services
   Study on HIV/AIDS, Property Rights and
    Agricultural Productivity
   All consultancies were short term consultancies
    and the all these studies provided POLICY BRIEFS
    for the National Land Policy development process.
           Drafting of the NLP
   Uganda has reached its 2nd draft of the
    National Land Policy
2ND DRAFT UGANDA NATIONAL LAND POLICY: PRINCIPLES
    What are some of the Policy Principles
    covered in this 2nd draft National Land
                     Policy?

 The draft is divided into a three- band model,
  comprising of a policy element/principle, the
  objective of the policy element and the
  proposed strategies for addressing the issues
  as raised.
 The major policy principles cover the following
  6 areas/themes:-
      Policy Principles cont’d
1. Land in the National Development
   Framework
2. The Legal Regime
3. The Land Tenure Framework
4. The Land Rights Administration
   Framework
5. The Land Use and Management
   Framework and,
6. The Policy Implementation Framework
        I. LAND IN THE NATIONAL
       DEVELOPMENT FRAMEWORK
UNDERLYING PRINCIPLES
Land as a factor of production
  Land is one of the major factors of production
   that underpins national development especially
   through the agrarian sector. In order to
   ensure increased contribution of land to
   economic productivity, and commercial
   competitiveness, the national land policy
   for Uganda will have to design and
   execute a paradigm shift from emphasis
   on land ownership to land development.
     Land and Poverty Eradication
   Land as a tool for poverty eradication: To
    ensure that the land sector contributes
    effectively to poverty eradication, the national
    policy of Uganda will have to protect the poor
    from activities which deny them access to
    the land resources they hold or occupy;
    such as land grabbing, speculative and
    distress land transfers and indiscriminate
    evictions and destruction of property in
    rural and urban areas.
          Land and Governance
   To ensure that the management of the
    land sector contributes to democratic
    governance, the national policy of Uganda
    will carry out land reforms within the
    government policies of
    decentralization, divestiture,
    empowerment of the people
    including the private sector.
        Land, Peace and Security
   Competition over land caused among others, by
    population growth, resource depletion, and
    scarcity, is the cause of conflict, insecurity and
    environmental stress in many parts of Uganda.
    In order to restore stability in land
    relations, and the resumption of
    sustainable livelihood activities, the
    national policy of Uganda will seek to
    address all the root historical and current
    causes of conflict driven by competition
    over unregistered land masses.
 II. THE CONSTITUTIONAL AND LEGAL
            FRAMEWORK
UNDERLYING PRINCIPLES
  Uganda is perhaps one of the few former
  British colonies in which the land question has
  always been at the center of the constitutional
  and legal discourse. The result is that land
  issues are mired in a bed of complex
  constitutional structures and processes,
  drawing legitimacy from historical as well as
  contemporary political exigencies. This has
  created problems and ambiguities in the
  Uganda’s property system.
        UNDERLYING PRINCIPLES
   The NLP should ensure that: The juridical status of
    land and, especially, the modalities through which
    land rights are created, acquired and protected
    should be simple and clearly defined; ie, the NLP
    should be able to eliminate ambiguities on Residual
    sovereignty over land; “land belongs to the citizens of
    Uganda”, define the Power of eminent domain
    (Policy should ensure that the power of eminent domain
    is used by the state and local authorities responsibly and
    strictly in the public interest); ensure police power of
    the state is used responsibly for public good i.e. the
    authority to regulate the use of land held under
    any tenure.
POLICY PRINCIPLES UNDER CONSTITUTIONAL
        & LEGAL FRAMEWORK Cont’d
   Components of the land question which must be
    anchored in the Constitution should be confined to
    issues of the location of radical title, the
    classifications of land ownership characteristics,
    and state/land relations (ie clear whether the
    citizens of Uganda, individually or collectively can
    assert residual authority against the state, local
    authorities and community governance organs in
    respect of unallocated or vacant land) and;

   The NLP should ensure that there is clarity in both the
    Constitution and the Land Act as to what the role
    of the state is or should be in land sector
    development.
The Land Tenure framework: Policy
           Principles
   The regulatory framework for land sector
    operations should be rationalized in
    such a manner as to eliminate
    overlaps, internal conflicts,
    bureaucratic competition and
    inconsistent normative prescriptions.
    There should be an enforcement
    framework for public regulations, putting
    in place penalties for any violations.
Classification of tenure regimes:
 The Constitution and the Land Act provide that land in
  Uganda may be held in terms of four tenure categories
  only. These are customary, freehold, mailo and
  leasehold tenure. The incidents of those tenure regimes
  (other than leasehold) are defined in terms of
  generalities which establish no particular frontiers
 In order to clarify these issues, the national land
  policy should amend the relevant provisions of
  the Constitution and the Land Act to provide for a
  simplified, progressive and affordably
  implementable land tenure system in Uganda.
          Land Tenure Framework
UNDERLYING PRINCIPLES

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

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

 The tenure system should also ensure
  that land markets in all tenure regimes
  function efficiently and in support of the
  social economic and cultural needs of the
  land using public.
 The policy should ensure that natural
  resources are protected, preserved and
  sustainably used.
    Principles Under Tenure cont’d
 All tenure regimes should ensure that natural
  resources are protected, preserved and
  sustainably managed;
 Policy should guarantee effective protection to
  and preserve the quality and value of common
  property resources
 The policy should ensure that women are able to
  gain secure access to land and that all
  international conventions outlawing
  discrimination against women are fully complied
  with (including the widows, children,
  PLHIV/AIDS)
Principles under tenure continued

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

   Development control authorities, particularly
    urban authorities, to ensure that they effectively
    enforce development control in all areas under
    their jurisdiction as stipulated in the laws and
    regulations
              Tenure cont’d
 Policy should review the two tenures (freehold
  and mailo) to subject them to rules and
  conditions that apply to leasehold in urban
  areas. Government land should be protected
  and sustainably be managed.
 Policy should sort-out the multiple land
  rights on all tenures (lawful/ bonafide
  occupants)
 Policy to ensure framework for Communal Land
  Associations
     LAND RIGHTS ADMNISTRATION
     FRAMEWORK
UNDERLYING POLICY PRINCIPLES
 Land rights administration refers to the
 structures and processes through which
 land rights and appurtenant incidents are
 refined, created and recorded; integrity of
 transactions assured and guaranteed; land
 rights disputes processed; and land
 information inventoried, utilized or
 otherwise archived
       LAND ADMN. PR’PLES CONT’D
   Land rights administration systems must be designed
    and operated with a view to enhancing and facilitating
    the management of land resources both as property
    vested in the public, communities and individuals, and
    as an asset central to national development;
   Land rights administration structures and processes
    must be transparent, cost-effective and accessible to
    the ordinary land using public;
   Land rights administration must be treated as a
    professional function hence should not only be
    delinked from routine public administration, but more
    importantly, be insulated from demands exerted by
    political elites bent on appropriation of land resources;
    and
        LAND ADMN. PR’PLES CONT’D

   Policy development must recognize and seek to
    strengthen the existence and buoyancy of two
    parallel but complementary and interactive
    systems of land rights administration in Uganda,
    namely, indigenous and community based
    systems which operate as part and parcel
    of the social and political organization of
    territorial communities, and statutory (or
    state) systems governed by imposed law
    and which vary by tenure regimes, land
    categories and resource characteristics.
    Policy Principles on Regional &
      International Frameworks
 The National Policy of Uganda will be to
  strengthen regional co-operation in the
  management of trans-boundary and
  national resources
 Uganda National Policy will be to comply
  fully with international commitments on
  the management of climate change
  parameters.
                 Way Forward

   Agree on a draft National Land Policy for
    consultations by mid December, 2006
   To conduct regional consultations starting
    January, 2007
   To conduct consultations with special interest
    groups starting February, 2007
   To have a National Conference by
    September, 2007
   Draft Policy for submission to Cabinet by end
    of 2007

								
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