Enabling Reforms and Measures for Implementation of
Uganda's National Land Policy
Naome Kabanda1, Clarissa Augustinus2, Danilo Antonio2, Samuel Mabikke2,
Christopher Burke2, Lowie Rosales-Kawasaki2.
Presenting Author Email: nbkabanda@yahoo.com
Paper prepared for presentation at the
“2015 WORLD BANK CONFERENCE ON LAND AND POVERTY”
The World Bank - Washington DC, March 23-27, 2015
Copyright 2015 by author(s). All rights reserved. Readers may make verbatim copies of this
document for non-commercial purposes by any means, provided that this copyright notice
appears on all such copies.
1
2
Ministry of Lands Housing and Urban Development (MLHUD), Uganda
Land and GLTN Unit, United Nations Human Settlement Programme (UN-Habitat)
Page 1
Abstract
The Uganda National Land Policy (NLP) was approved by Cabinet in February 2013.
The NLP recognizes land as the primary foundation for socio-economic development
and transformation and provides a framework for land tenure management and a
land governance regime to tackle the challenges associated with land governance in
Uganda. The policy expressly acknowledges that land management and
administration, physical planning and urban development play an important role in
GDP generation and equitable growth. It was designed as a key enabling factor in
Uganda’s social and economic development. Aligned with national development
strategies, the policy introduces reforms to facilitate faster acquisition of land for
planned
urbanization,
infrastructure
development,
and
agricultural
commercialization among other developments. At the heart of the NLP vision is
emphasis on the land sector as central to national development: land as a pillar for
societal transformation and central to the modernization of agriculture, protection
of the environment and planned human settlement. The Ministry of Lands, Housing
and Urban Development (MLHUD), in collaboration with a broad range of local and
international stakeholders, is currently engaging in broad range of activities
outlined in this paper to implement the NLP.
Keywords: Governance, Policy Implementation, National Development
INTRODUCTION
Page 2
The Uganda National Land Policy was approved by Cabinet in February 2013
as the framework policy instrument designed to tackle the current and future
challenges regarding the role of land as the primary foundation for socioeconomic development and socio-economic transformation.3
The adoption of the policy marked the end of a comprehensive process of
national consultations and debates on the appropriate courses of action
needed to address the historical challenges of sustainable use of land and
land governance in Uganda.4
BACKGROUND
Uganda has over the last decade adopted a series of macro-policy instruments
including the National Development Plan 5 2010-2015 and the Uganda
National Vision 20406. These instruments respectively, articulate Uganda’s
medium-term and long-term vision to achieve social, economic and political
transformation. Uganda’s Vision 2040, builds on the progress that has been
made in addressing the strategic bottlenecks that have constrained Uganda’s
3
Uganda National Land Policy 2013
Supra
5
The National Development Plan (NDP) covers the fiscal period 2010/11 to 2014/15. It stipulates the country’s
medium term strategic direction, development priorities and implementation strategies. In addition, it details
Uganda’s current development status, challenges and opportunities. The theme of the NDP is “Growth,
Employment and Socio- Economic Transformation for Prosperity” while its thrust is “to accelerate socio-economic
transformation to achieve the National Vision of a transformed Ugandan Society from a peasant to a modern and
prosperous country within 30 years.” The NDP also addresses bottlenecks in the economy in order to accelerate
socio-economic transformation for prosperity. The NDP interventions aim at creating employment, raising average
per capita income levels, improving the labor force distribution in line with sectorial GDP shares raising country
Human development and gender equality indicators, and improving the country’s competitiveness to levels
associated with middle income countries.
4
6
In 2007, Government approved the Comprehensive National Development Planning Frame-work policy (CNDPF)
which provides for the development of a 30 year Vision to be implemented through: three 10-year plans; six 5year National Development Plans (NDPs); Sector Investment Plans (SIPs); Local Government Development Plans
(LGDPs), Annual work plans and Budgets. Consequently, Cabinet approved the National Vision Statement, “A
Transformed Ugandan Society from a Peasant to a Modern and Prosperous Country within 30 years”. The
National Planning Authority in consultation with other government institutions and other stakeholders has thus
developed a Uganda Vision 2040 to operationalize this Vision statement.
Page 3
socio-economic development since independence, including: ideological
disorientation, a weak private sector, under-developed human resources,
inadequate infrastructure, small market, lack of industrialization, underdeveloped services sector, under-development of agriculture and poor
democracy, among others. 7 Vision 2040 is thus expected to be an allencompassing perspective plan for the thirty years, which will also act as a
guide to any future planning. In addition, it is also expected that all
Government ministries, departments and autonomous and semi-autonomous
entities will realign their development priorities with the Vision.8
While recognizing that the economy will reflect Uganda’s comparative
advantage, implementation of the Vision 2040 will encourage the harnessing
of key opportunities by strengthening the necessary fundamentals of the
economy, key among these is land and natural resources, to harness the
abundant opportunities around the country.9 It is therefore expected that the
country’s targeted growth will not hinge on a few sectors, as many others will
have the potential to contribute to growth.10
One of the overall objectives of Vision 2040 is that it mandates government
“to make land reforms to facilitate faster acquisition of land for planned
urbanization, infrastructure development and agricultural commercialization,
among other developments.”
These policy reforms must ensure that land
facilities, land use regulation and land development enhance economic
7
See Uganda Vision 2040.
Supra.
9
The opportunities include; oil and gas, tourism, minerals, ICT business, abundant labor force, geographical
location and trade, water resources, industrialization, and agriculture. On the other hand, the fundamentals
include: infrastructure for (energy, transport, water, oil and gas and ICT); Science, Technology, Engineering and
Innovation (STEI); land; urban development; human resource; and peace, security and defense.
10
Supra (page11 and 12)
8
Page 4
productivity and commercial competitiveness for wealth creation, and must
stimulate the contribution of the land sector to the overall social economic
development in an integrated and sustainable manner.11
Government is expected to reform and streamline land rights administration
for the efficient, effective and equitable delivery of land services. In addition,
government is to ensure sustainable utilization, protection and management
of the environment, natural and cultural resources on land for national, socioeconomic development as well as planned environmentally friendly,
affordable and orderly human settlement. 12
Government or local government is to hold in trust natural lakes, rivers,
wetlands, forest reserves, game reserves, national parks and any land to be
reserved for ecological and touristic purposes for the common good of all its
citizens as enshrined in the 1995 Uganda constitution. Vision 2040 further
provides that Government must, as much as possible; ensure that land
acquisition is driven purely by market forces, within the framework of the
zoning laws and with minimum distortion. By and large, land as the central
factor of production must leverage other productive sectors.
Uganda’s National Development Plan (NDP 2014/2015) carries the same
vision as Vision 2040, and expressly acknowledges that land management
and administration, physical planning, and urban development “play
an important role in GDP generation and growth as well as employment and
prosperity for all Ugandans.”13
11
Uganda Vision 2040
Uganda Vision 2040
13
NDP Supra
12
Page 5
UGANDA’S DEMOGRAPHICS AND LAND POLICY REFORMS
Uganda covers a total surface area of approximately 241,038 square
kilometers of which 18.3 per cent is water and 81.7 per cent is land.14 Of all
available land, 42 per cent is arable, although only 21 perc ent is currently
utilized, mostly in the southern parts of the country. 15 Land is fairly
distributed among households throughout the country with an average land
holding ranging from about 1.6 to 2.8 hectares in the south and 3.2 hectares
in the north.16 There are four different forms of land tenure systems namely:
Customary, freehold, leasehold and Mailo guaranteed by the 1995
Constitution and the 1998 Land Act.17 The greatest per centage (90 per cent)
is held under customary tenure system.18
The ambiguity of the different systems of land ownership complicates access
to land especially for those that may want to use it as a factor of production.
The majority of land owners in rural areas have focused more on land as their
fundamental source of livelihood. They have continued to practice primitive
and peasantry methods of production, utilizing very small proportions of their
land holdings.19
14
NDP Supra
NDP Supra.
16
Supra.
17
Freehold land was given as a grant to the citizens of Uganda and existing institutions such as; Religious
organizations, education institutions and other big corporate bodies by the colonial masters before independence
in 1962. While after independence, leasehold has been granted from public land vested in the Government, which
was invested in the Uganda Land Commission, until the promulgation of the new Constitution in 1995. Since then
this role has been taken over by the District Land Boards. Mailo land in principle is a feudal land tenure system,
originating from an agreement between the king of Buganda and the British Government In 1900. Today, it is
treated more or less as freehold land tenure.
18
Uganda National Land Policy, 2013.
19
NDP Supra.
15
Page 6
Like most developing countries, majority (95 per cent), of Uganda’s land
owners do not have land titles to guarantee their security of tenure. 20 The
problem of accessing land titles is compounded by; bureaucracy, manual
operations, corruption, low level of funding to the sector, legal and regulatory
constraints, attitude, culture, squatters, historical issues, shortage of
relevant skills such as land surveying, land valuing and many other related
problems.21
The Land Act (Cap 227) also provides for female inheritance rights over land,
and requirements for spousal consent in all matters relating to land from
which family derives sustenance. However, customary practices favor male
inheritance to land limiting women’s land rights to access and not ownership.
The gender-disparities in land rights continue to constrain Uganda’s
development process. Although Uganda’s Constitution guarantees equality
between women and men along with a number of affirmative action policies
and measures, including a Gender Policy, the customary practices under
which land is governed continue to discriminate women in property rights.
In post conflict areas, the gender-related land issues are even more acute.
This situation is made worse given the fact that 70 per cent of women are
employed in agriculture and yet only a small per cent of women own
registered land. 22 It has been established that if there is an increase in
women’s accessibility to land by 5 per cent, agricultural production will be
boosted by 0.3 per cent every year.23 The dominance of the land sector in the
economy is evidenced by the reality that more than 43 per cent of the
20
Supra
Supra
22
Supra.
23
NDP, 2010/2015.
21
Page 7
country’s Gross Domestic Product (GDP), about 85 per cent of export earnings
and approximately 80 per cent of employment are generated from land-based
economic enterprises.24
A SITUATION ANALYSIS OF UGANDA’S
MACROECONOMIC
PERFOMANCE SINCE INDEPENDENCE (1962)
Over the years, Uganda’s economy has experienced varying growth rates. 25
From independence in 1962 up to 1971, the GDP grew by an average of 5.2
per cent per annum.26 However, between 1971 and 1979, the GDP declined by
25 per cent due to a number of factors.27 Between 1987 and 1996, GDP grew
at an average of 6.5 per cent translating into 3.4 per cent growth in per capita
terms.28
The decline in monetary growth, together with growth in agriculture,
especially food crop production, contributed to a reduction in inflation, from
200 per cent in 1987 to about 7.1 per cent in 1996.29 There was impressive
growth over the Poverty Eradication Action Plan (PEAP) period, with an
average rate of growth in GDP of 7.2 per cent per annum between 1997/98
and 2000/01.30 The growth rate slowed to 6.8 per cent between 2000/01 and
24
NDP, Supra.
NDP supra
26
Supra
27
In 1981 to 1983, Uganda experienced GDP growth rate of 5.5 per cent but recorded negative growth rates in
1984 and 1986. The period was characterized by state ownership of means of production using policies like the
1968 Common Man’s Charter (CMC), the 1970 Nakivubo pronouncement, and the 1972 expropriation of assets
and businesses of foreign investors which were steps towards nationalization of private properties. All these
resulted into a significant decline in the industrial and commercial sectors
25
28
NDP 2010-2015
NDP supra
30
NDP supra
29
Page 8
2003/04, and increased to 8 per cent over the period 2004/05 to 2007/08.31 The
impressive GDP growth performance in recent years has contributed to a
significant reduction in poverty levels. 32 The percentage of the population
living below the poverty line declined from 56 per cent in 1992/93 to 44 per
cent in 1997/98 and further to 31 per cent in 2005/06.33
The NDP was therefore designed as the key plan shaping the processes that
capture all political thinking as well as the existing and emerging
Government initiatives such as the current Government development
programs for poverty reduction, growth, prosperity for all, and reconstruction
in post-conflict areas. 34 The NDP was also designed to be the primary
Government national strategic plan, the anchor for Government fiscal
strategy, and lower level or sectorial plans.35 It will also provide a guide for
the allocation of resources through the Medium Term Expenditure
Framework over the next five years and is the guiding tool for decision
making and the implementation of government programs including: the
annual budget process in addition to the prioritization and direction of
Government interventions and mobilization of external resources.36
According to the strategic objectives in the NDP, Land Management and
Administration, Physical Planning and Urban Development, are considered
as some of the sub-sectors that provide institutional and infrastructural
31
NDP supra
supra
33
see NDP
34
supra
35
supra
36
supra
32
Page 9
support to primary growth sectors.37 While these sub-sectors are not directly
reflected in GDP computations, they play an important role in GDP
generation and growth as well as employment and prosperity for all.38
In the recent years, Uganda’s population living in urban areas has been
rising rapidly. In 1991, the population living in urban areas was 11.3 per
cent, 39 increasing to 12 per cent in 2002 and estimated at 15 per cent in
2009.40 The urban population growth rate currently stands at 5.9 per cent per
annum.41 The increasing levels of urbanization in Uganda and congestion in
Kampala City creates considerable pressure on housing, transport, water,
health, education, social welfare and employment which need to be addressed
through systematic physical and infrastructure planning.42
Overall, Uganda has one of the fastest growing populations in the world
which has expanded from 9.5 million in 1969 to 24.2 million in 2002 and
estimated at 30.7 million in 2009.43 At 3.2 per cent growth rate per annum
(1991-2002), Uganda’s population is projected to reach 38 million in 2015 44
37
NDP defines primary growth sectors to consist of sectors and sub-sectors that directly produce goods and
services. They include: agriculture, forestry, manufacturing, tourism, mining, oil and gas, ICT, and housing
development. While complimentary sectors consist of sectors and sub-sector that provide institutional and
infrastructural support to primary growth and other sectors, namely: transport, energy, land management and
administration, physical planning, urban development, trade development, cooperatives, science and technology
and water for production. While social sectors consist of sectors and sub-sectors that provide services required for
maintaining are healthy and quality population and developing the required human resource for effective
engagement in profitable economic activities. These sectors include; education, health, water and sanitation, social
developments and gender, and population.
38
NDP, 2010-2015.
39
UBOS statistical abstract 2009
40
Supra
41
Supra
42
NDP 2010-2015
4343
NDP, Supra
44
NDP, 2011-2015
Page 10
and
is expected to double by 2050 45 which will further aggravate land
distribution problems.
This rapidly growing population density puts pressure on land resources and
has therefore contributed to serious socio-economic challenges, including;
land fragmentation, increasing land disputes, loss of forest cover and
environmental degradation, poor agricultural yields, constraints in physical
planning, and many others46.
LEGAL AND REGULATORY FRAMEWORK GOVERNING LAND
REFORMS IN UGANDA
Uganda has a plural legal system where both formal and informal laws coexist and are applied in the management and administration of land. This
gross inadequacy of colonial tenure legislation, largely retained after
independence, resulted in legal reforms being adopted by African states
during the 1980s with Uganda serving as no exception.47 Post independence
reforms aimed at incorporating local land rights into the national legal
framework, but with little or no modifications.
The 1995 Uganda Constitution provides for the application of both written
and unwritten laws as well as the use of statutes general application under
the common law system where there are gaps in the written law.48 As a
country, Uganda adopted the official legal system where state law is the
ultimate
authority
and
dominates
other
plural
legal
orders,
but
simultaneously recognizes several other legal orders and sets out to
45
NDP, Supra
NDP, supra
47
Land Policy in Africa: East African regional assessment, a publication of AUC-ECA-AFDB Land Policy Initiative
Consortium
48
Uganda Constitution Article 274(1)
46
Page 11
determine which norms of these legal orders will apply for each particular
case.
Consequently, there are coexisting multiple sources of property rights
broadly categorized as customary and modern tenure where statutory legal
structures and customary practices interface49. The modern statutory system
largely inherited from the colonial era was used to weaken customary
systems by incorporating formal systems that do not recognize the multiple
values of land and the multiplicity of interests. The statutory system is based
on written laws, acts of centralized or decentralized government agencies and
judicial decisions, while on the other hand customary tenure practices are
flexible and based on local practices and norms managed by local/traditional
rulers or councils of elders.50
The pluralism of authority over land is a continuous challenge as it allows
people to choose the legal framework that provides them with the best claim
to land, a process known as “forum-shopping.”
51
This may increase
uncertainty and confusion when people pursue multiple ways to legitimize
claims to the same parcel of land. In addition, the presence of diverse tenure
concepts or laws may create ambiguity. In some cases, the potential for
conflicts to arise due to legal pluralism is high as different sets of rules are
applied under different institutions in the same area.52
49
Land Policy in Africa: Eastern Africa Regional Assessment Publication by African Union, African Development
Bank and Economic Commission for Africa
50
Supra
51
Supra
52
Land Policy in Africa: Eastern Africa Regional Assessment Publication, Supra
Page 12
In other cases, parallel institutions could lead to competition for the same
jurisdiction which can fuel conflicts because disputing parties are able to go
to many different arbitration bodies in order to find lasting solutions
rendering land administration mechanisms ineffective.53
In addition, the mechanisms customary practices provide for dispute
resolution at local levels are more accessible and often more effective than
modern mechanisms. Not surprisingly, they are perceived as pro-poor. There
is a resurgence of interest in traditional/local land administration institutions
in the country as decentralization of land management
becomes
institutionalized. However a lot of care and/or safeguards must be put in
place to ensure that the customary practices do not discriminate against
women, youth and children.
ENABLING REFORMS AND MEASURES FOR IMPLEMENTATION OF
UGANDA’S NATIONAL LAND POLICY
The Uganda National Land Policy 2013 54 draws its policy principles and
strategies from the 1995 Uganda Constitution, Vision 2040 and the National
Development Plan 2010-2015. The Vision of the National Land Policy is “a
transformed Ugandan society through optimal use and management of land
resources for a prosperous and industrialized economy with a developed
services sector.” The goal of the NLP is “to ensure efficient, equitable and
optimal utilization and management of Uganda’s land resources for poverty
reduction, wealth creation and overall socio-economic development.” The
53
Toulmin and ,Quan 2000, Land Policy in Africa:Eastern Africa Regional Assessment Publications supra
The Uganda National Land Policy (NLP) was approved by Cabinet in February 2013. The NLP recognizes land as
the primary foundation for socio-economic development and transformation and provides a framework for land
tenure management and a land governance regime to tackle the challenges associated with land governance in
Uganda
54
Page 13
National Land Policy (NLP) provides the framework for land tenure
management and a land governance regime necessary for making progress
and attaining the growth called for by Vision 2040.
At the heart of the NLP vision is an emphasis on the land sector as central to
national development; land as a pillar for societal transformation, land as
central to the modernization of agriculture, protection of the environment
and planned human settlement. Implicitly, any actions to implement the
stated objectives of the policy ought to focus on streamlining these attributes
in the policy implementation process. The NLP has expressly been designed
to serve as a key enabling factor in Uganda’s social and economic
development over the next 25 years and beyond.
National Land Policy as a Catalyst for Growth, Stability and
Prosperity for all Ugandans.
Vision 2040 emphasizes harnessing a number of strategic opportunities by
strengthening the relevant fundamentals capable of maximizing returns to
the economy. These are seen as fundamental attributes providing a firm
foundation for growth and wealth creation. Out of the seven stated
attributes, one stands out amongst them in relation to the NLP: “the ability
to exploit and use natural resources gainfully and sustainably.” Indeed Vision
2040 identifies (among others) the following opportunities for Uganda -- oil
and
gas,
tourism,
minerals,
water
resources,
industrialization
and
agriculture -- all of which hinge on equitable and effective land governance.
Uganda has therefore shaped the NLP to realign its land resources to support
all relevant productive sectors in the economy and simultaneously advance
the related priorities outlined in Vision 2040. Many of Vision 2040’s key core
Page 14
projects require components of the NLP to be implemented if they projects
are to be successful. The NLP’s policy statements and strategies are expressly
crafted to accomplish these objectives and to help make the achievement of
Vision 2040 possible.
Similarly, the NLP’s vision, policy statements, and strategies are in
accordance with and will support the achievement of the Uganda National
Development Plan (NDP). The objectives of this National Land Policy are to:
1) Stimulate the contribution of the land sector to overall socio- economic
development, wealth creation and poverty reduction in Uganda, 2)
Harmonize and streamline the complex tenure regimes in Uganda for
equitable access to land and security of tenure, 3) Clarify the complex and
ambiguous constitutional and legal framework for sustainable management
and stewardship of land resources, 4 )Redress historical injustice to protect
the land rights of groups and communities marginalized by history or on the
basis of gender, religion, ethnicity and other forms of vulnerability to achieve
balanced growth and social equity, 5) Reform and streamline land rights
administration to ensure the efficient, effective and equitable delivery of land
services, 6) Ensure sustainable utilization, protection and management of
environmental, natural and cultural resources on land for national socioeconomic
development,
7)
Ensure
planned,
environmentally-friendly,
affordable and orderly development of human settlements for both rural and
urban areas, including infrastructure development, 8) Harmonize all landrelated policies and laws, and 9) Strengthen institutional capacity at all
levels of Government and cultural institutions for sustainable management
of land resources.
Page 15
The NLP thus comprehensively articulates and addresses a variety of land
and land-related issues, interests, and policy objectives by harmonizing
Uganda’s diverse needs for human settlements, economic diversity and
production, and use and conservation of natural resources. It sets the path
for defining and implementing best practices aimed at achieving agricultural,
industrial and technological growth.
The NLP will meet the social and
economic needs of Uganda’s citizens and will establish progressive systems
for ensuring equitable land access and security of tenure.
NATIONAL LAND POLICY DEVELOPMENT PROCESS
The process for developing the National Land Policy was inclusive and
consultative. It involved national, regional, and district level stakeholders.
Amongst them were government, traditional leaders, landowners and NGOs
representing minority and other groups. A final version of the policy was
approved during a National Land Policy Conference.
After more than a
decade of debates and consensus-building, the National Land Policy was
finally adopted by Cabinet in February, 2013.
After three decades of
uncertainty, Uganda now has a clear and agreed statement of national land
policy. Under the leadership of MLHUD, the Government has prepared an
action plan for its implementation. The preparation of the action plan has
been informed by past and on-going initiatives.
The reform of land policy in Uganda began with the Constitution that came
into effect in October 1995. This set out important provisions on land and
required the passing of the Land Act Cap 227 in 1998.
Strategic Plan I (LSSP) a ten year plan
The Land Sector
(2000-2010) had five important
objectives: 1) creating pro-poor land policy and regulations; 2) putting land to
sustainable productive use; 3) providing more equitable distribution and
Page 16
secure access to land for vulnerable groups to improve livelihoods; 4)
improving accessibility and availability of land information for planning and
implementing
development
programs;
and
5)
providing
transparent,
accountable and efficient decentralized land administration systems.55
Another objective was updating and strengthening the policy and regulatory
framework for land management and administration.
This PSCP II land
component, which included several useful land administration pilots,
achieved significant progress in decentralizing and computerizing the
national land registration systems. 56 The NLP’s objectives, strategies and
implementing actions align with those contained within LSSP II (May
2013)57.
55
Because of a lack of funding, LSSP I implementation did not start until 2005, under a World Bank supported
Second Private Sector Competitiveness Project (PSCP II). The PSCP II land component began with measures aimed
at addressing inefficient land administration and poor security of the country’s land registration system
56
However, PSCP II’s land component only funded about $23 million (USD) of the estimated $80 million needed to
fully implement LSSP I (which was calculated at its inception). Now, in 2014, it is estimated that about $360 million
will be needed to fully implement all of the objectives and activities contained within LSSP II, which includes
updated activities and cost totals.
57
LSSP II provides a framework for implementing some of the strategic objectives of the NLP. It is a long-term
budget that provides details of various program components and their distribution over the years, as well as
financing. CEDP Subcomponent 1: Additional land administration improvements, which will include construction of
zonal land offices, developing and implementing a land information system incorporating registration, valuation,
and physical development planning functions in all zonal land offices, strengthening land use planning functions,
strengthening land valuation functions, developing a complete framework for land-related housing and urban
development, developing and implementing policies for a geodetic/GIS/mapping framework, strengthening survey
and mapping capacity, base mapping, comprehensive review of the Uganda Land Commission, and an inventory of
public lands.
CEDP Subcomponent 2: Systematic registration of communal and individually owned land, including establishing
communal land associations (CLAs) in priority areas, demarcation and registration of communal lands and issuance
of titles, and demarcation and registration of individual lands in rural and peri-urban areas (including issuance of
titles).
CEDP Subcomponent 3: Strengthening institutions and mechanisms for land dispute resolution, including review of
the judiciary’s adjudication rules and procedures, strengthening the capacity of the judiciary and other land
agencies for implementing alternative dispute resolution and mediation programs; compiling and disseminating
material on land laws and related documents; provision of training to the judiciary and land tribunals; and
conducting a comprehensive review of the legal, institutional and operational framework of land tribunals to
identify gaps and make recommendations for improvement.
CEDP Subcomponent 4: Implementing a program of actions for strengthening land administration and
management institutions, including comprehensive review of the organizational structures and capacities;
conducting an assessment of other public and private land sector institutions to identify skill gaps and
implementing capacity development; constructing facilities for the institute of survey and land management and
Page 17
It is clear that significant additional support from donors will be needed over
the coming years to enable implementation of the whole of the LSSP II and
NLP strategic objectives and implementing components and actions.
The
implementation planning done to this point provide the ability to create
discrete, sensibly packaged activities that will match well with donor funding
strategies, interests, and objectives. Plus, this planning and packaging will
permit logical and useful monitoring and evaluation, along with telling
impact assessment.58
THE NATIONAL LAND POLICY AS A UNIFYING POLICY GUIDE
The NLP is Uganda’s unifying policy implementation guide that:
1) Characterizes the basic land situation in Uganda, presents the related
land policy statements, and describes the resulting strategies for each land
policy framework area described in the NLP, 2) Addresses and calls for
augmentation of the priority areas and linked strategies and interventions
set out in LSSP II, 3) Contains land sector strategies that connect to, benefit
from, and promote other productive sector strategies, 4) Describes all
strategies and supporting actions that will be needed across the entirety of
Uganda’s land sector.
An NLP Policy Implementation Secretariat has been formed under the
auspices of Ministry of Lands, Housing and Urban Development. To date,
equipping with instructional equipment; developing and implementing gender, civil society engagement, and
communication strategies; and provision of technical advisory services.
58
Some of that support is now in hand. A newly authorized land component housed within a new World Bank
supported $100 million project – the Competitiveness and Enterprise Development Project (CEDP) – will meet
some of these LSSP/NLP needs. This CEDP land administration reform component is funded with about $54 million
and will undertake four subcomponents:
Page 18
the Secretariat has served as a coordination arm of the NLP in the Ministry
in finalizing the Implementation Action Plan ( AIP) of the NLP which details,
prioritizes and sequences
the actions that will be necessary to implement
the NLP in its entirety as programs of land reform. 59
The Secretariat will
carefully coordinate the actions and packages to avoid duplication of effort,
overlaps, resource competition and wastage, to ensure that all actions are
managed toward the common achievement of the NLP visions and objectives.
To provide this coordination and to permit the Secretariat to design and
directly implement other actions necessary to the full NLP implementation,
additional coordinating and technical staff will be added to give it the
capacity to function efficiently and effectively, and enable it collaborate with
all stakeholders in all activities
for the cohesiveness that is absolutely
necessary for full, long-term NLP implementation.
The Implementation Action Plan( IAP) for the NLP
calls for a collection of
start-up and enabling actions as early investments in management,
administration, technical design and oversight, and monitoring and
evaluation expertise to be done early in the implementation process and then
sustained over the coming years. These actions are critical to proper design
of the activities and to efficient implementation. The Secretariat will be the
central actor in creating this needed platform. These enabling actions will be
focused upon the full spectrum of land sector reform efforts that may be
delivered under any and all funding vehicles and with the support of any of
the participating donors.
59
Appropriately, some of those actions are included (at least in part) within the CEDP land component. Others of
these actions will need to be discretely packaged for implementation and support from other donors.
Page 19
In addition, NLP implementation must be preceded by and then sustained
with an extensive stakeholder identification process, followed by capacity
building and training. The actions will be designed to identify public and
private partners and participants within the land sector and also within
other productive sectors within the Ugandan economy.
Not
only
must
these
audiences
receive
information
about
NLP
implementation, but they must also have their capacity improved such that
they can participate in and benefit from the changing land sector. This will
necessarily be an ongoing process because, after initial stakeholder groups
are identified and addressed, the newly implemented NLP components and
actions will create new stakeholder groups that will merit sensitization and
training. For example, as customary rights are formalized, community elders
and smallholders will need to be engaged in response to their new rights
adjudicator and land rights-holder roles. This set of actions will also address
the need for more sophisticated approaches to land use planning and
regulation.
PRIORITIZED AREAS TO BE IMPLEMENTED UNDER THE
IMPLEMENTATION ACTION PLAN FOR THE NLP
A.
Support to the NLP Implementation Secretariat
The NLP Policy Implementation Secretariat under the Ministry of Lands,
Housing and Urban Development the entity tasked with coordination of NLP
implementation, must have the capacity and the internal and external
support to play a central role in gathering information and planning and
coordinating NLP implementation. The success of the secretariat in carrying
out this objective will depend on its ability to marshal financial and technical
Page 20
resources and be recognized and relied upon as the central coordinating
entity for land policy implementation. Positioning the entity to play this role
– and then equipping it and supporting it with short-term technical
assistance – are of the utmost importance to enable it plays the leading role
and if NLP implementation is to succeed.
B.
Putting in place a Monitoring and Evaluation System
It is important to put in place visible mechanisms to monitor progress and
evaluate the effectiveness of the national land policy statements and
implementation strategies in attaining the vision, goal and objectives of the
policy and of national development. A comprehensive monitoring and
evaluation framework for the NLP is therefore necessary. Where necessary,
this may lead in some instances to the selective revision of elements of the
land policy or the implementation plan. It is imperative that a holistic
monitoring and evaluation system is put in place. However given, its
comprehensiveness, the period of this proposal and the availability of
resources, its implementation will have to be phased. In the next nine
months, it is feasible to concentrate on developing the monitoring and
evaluation framework first. This entails the interrogation of appropriate and
integrated national indicators in the vision 2040, the NDP and the NLP, to
determine the results framework, causal relationships and linkages, develop
tools and indicators for the economy in general and the land sector in
particular. In the next phase, the outputs of this first phase would then
support the roll out of the monitoring and evaluation systems – with a
baseline, software development and data collection points/offices, monitoring
to run the system of the whole sector and to select satelite offices trhat will be
Page 21
part of the system. This phased approach to implementation of monitoring
and evaluation (M&E) is ideal in the current cirmutances and timimg.
C.
Women’s Land Rights
The Africa Union declaration on land issues points out that land laws must
provide for equitable access to land and related resources among all land
users, including women, youth and vulnerable groups. It goes on to
emphasize that such laws must strengthen security of land tenure for
women. Research shows that, when women have access and secure rights to
land, household wellbeing increases and all members of the family are
benefited.
Research also shows that, if women are not considered with
particularity and special emphasis during design and implementation of land
reforms, they can end up worse off than before the reforms. Adequately
addressing the gender differences that exist across Uganda’s land sector
requires specialized training and additional resources directed toward
dealing with women as both a discrete group and as members of households
and communities.
In Uganda, the policy environment fully embraces women’s land rights in
the National Gender Policy, the National Land Policy and the 1995
Constitution. Legislation on the other hand is also largely compliant to
exclusive provisions on affirmative representation quotas and actions in
planning. However, these elaborate efforts have mainly remained on paper
and have drawn limited practicability on the side of policy implementation.
To ensure that the National Land Policy is not victim to this trend, a strategy
with actionable undertakings will be designed to unlock the policy’s potential
and ensure uptake of all women’s rights and gender related reforms are
affirmed through actions of planning, sensitisation, experimenting/piloting
and training. Specifically a piloting of the Gender Evaluation Criteria tool of
Page 22
GLTN g and any other tools from other development partners will be most
appropriate. Women’s access and secure rights to land must therefore be the
cornerstone of NLP implementation and of the related economic objectives of
Vision 2040 and the NDP 2010-2015. The gender bias against women in land
ownership can be corrected as Ethiopia and Rwanda have proven in their
recent land legal reform and land certification programs (Byamugisha 2013).
Uganda’s
National
Land
Policy
2013
has
made
a
number
of
recommendations including: (i) making legal provisions for spousal coownership of family land and matrimonial home; (ii) implementation of a
matrimonial property legislation, similar to the long standing Marriage and
Divorce Bill 2009, that aims to protect interests of spouses; (iii) amending the
Succession Act (cap 162) to provide for the right to succession and inheritance
of family land by women as was attempted in the pending Succession Act
2011; and (iv) waging formidable sensitization and public awareness
campaigns on discrimination against women regarding land ownership and
use60. The challenge is implementation and this requires a strong political
will.
D. Stakeholder Engagement:
Successful implementation of the national land policy will depend on
continuing buy-in, support and confidence of stakeholders. Stakeholders
should participate and be constructively engaged at all levels of policy
implementation. These include staff in the ministry responsible for lands
and all related government departments, development partners, private
sector,
civil
society
organizations,
professional
bodies,
cultural
institutions, faith-based organizations and other non-state actors.
60
see NLP 2013 para 66-68
Page 23
i.
Stakeholder Mapping
This exercise to identify stake holders needs and interests, design a
strategy to respond to the needs and interests will precede all
stakeholder engagements, as it will determine the areas of engagement
and the mode of engagement with stakeholders. The aim will be to
secure buy-in and to promote an understanding of roles in the process
of implementing the NLP.
ii.
Stakeholder Education
In order to support an engagement that is based on full knowledge and
understanding of on-going reforms in the land sector, it is necessary to
repackage the priority reforms in the NLP and their attended actions
for implementation, to be shared in a manner that is understandable
amongst all stakeholders. An abridged version of the NLP will be
published to support a common understanding and level of knowledge
amongst stakeholders as well as translation in a number of local
languages.
iii.
Coordination for Technical Working Groups
Since the Cabinet’s approval of Uganda’s National Land Policy (NLP)
in 2013, a multi-sectorial team led by the Ministry of Lands, Housing,
and Urban Development (MLHUD) has taken steps to coordinate the
implementation of the NLP to ensure that the policy’s aims of
supporting stability and inclusive and sustainable growth in Uganda
are realized. A significant step toward that end was the development of
a strategic planning document, which describes the NLP’s evolution,
summarizes the land-related initiatives now underway in Uganda,
Page 24
discusses prioritization approaches, presents prioritized NLP actions,
and provides cost estimates for the prioritized actions over a three-year
implementation period.
The Ministry responsible for lands will
continue to rely on a Technical Implementation Committee (TIC) and a
Secretariat to oversee the process and guide a team of technical experts
selected to lead the process of implementation of the National Land
Policy by providing oversight and technical expertise on the direction to
take.
iv.
Set up of a donor-working group for the Land Sector
Many important activities and projects are currently underway in the
Ugandan land sector and associated sectors. There is need to create a
framework for more coordination and information sharing across
sectors, and within the land sector among various stakeholders.
In
order to play an effective role in supporting the Government of
Uganda’s efforts to implement the current reforms, donors and other
development partners must have sufficient information about the
government’s priorities and strategic plan, as well as a clear view of the
present and potential funding and programming gaps and partnering
opportunities.
Government therefore needs assistance in creating a forum for
exchanging
information
and
fostering
cooperation
amongst
development partners and funders within and outside of Uganda
related to the NLP and the land sector. In this respect, MLHUD has
received support from Ford Foundation, for Landesa to provide
technical expertise in undertaking a donor-mapping exercise and buildup of a donor-matrix. However, the support extended is not sufficient to
cover major convening’s or coordination of platforms.
Page 25
v.
Orientation of staff in Government Departments
All staff in government departments need to be oriented to NLP
epscially staff in the Ministry of lands, housing and urban Development
and other land related sectord to orient them to the content of the NLP,
their roles in NLP implementation, their roles in monitoring the
progress of NLP and the relationship between their sectors, NLP and
national development. This will create a knowledge-base that will spur
specific actions or actions that are concious of the commitmments of
government of Uganda in the NLP.
vi.
Engagment with Civil Society Organisations
Civil society organsiations and other non-state actors including faith
based
organsiation
and
cultural
institutions
always
play
a
complementary role or a wtach dog role in the implementation of
government policies. For the land sector, having realised the need of
civil society and none state actors from the stakeholder mapping
exercise, an engagement process that entails the entering into
Memorandums of Understanding (MOU) to empahsie commimitment to
the NLP implementation process with regard to women’s land rights
and the monitoring and evaluation process will be persued.
In addition, the current complexities of the land tenure systems in Uganda
which concentrate on property ownership, per se, should not be permitted to
obscure the fundamental necessity to reshape the nature of Uganda’s land
use systems to better harmonize Uganda’s diverse needs for human
settlements, increased production, and resource conservation. 61 There is
therefore need for the land policy and its implementation to shift the
emphasis on property ownership to a perspective of capitalizing on land’s
61
Uganda National Land Policy 2013
Page 26
essential value as both a national and individual resource in social and
economic development 62 . While the sanctity of property rights is critical,
chronic under-utilization and inefficient use must be addressed as well.
VII. Land Use and Land regulation
Land degradation continues to erode the quality of land resources within
Uganda (mostly in the highlands and the cattle corridors). Damage to land
resources carries significant risk and generates unacceptable costs. 63 It is
estimated, for example, that land deterioration accounts for over 80 per cent64
of the total annual costs of environmental damage: a situation the country
can hardly afford. Similarly, demands exerted by population growth and
settlement expansion threaten land reserved for conservation purposes
(including bio-diversity protection and heritage preservation).65
VIII. Land conflict management and dispute resolution
In Uganda, land disputes and competition over the resource creates
challenges that could worsen and ignite conflict if not timely addressed early
enough. Such conflict could constrain much needed investment and
development in land as a resource.
Risk areas need to be assessed and
prioritized for attention in an order dictated by the potential costs of doing
nothing in the immediate-/near-term because of the probability of the conflict
risk evolving into an unacceptably high cost.66
62
Vision 2040
supra
64
supra
65
supra
66
Land Reform and Investments in Agriculture for Socio-Economic Transformation of Uganda by Frank F.K.
Byamugisha, Consultant Land, Agriculture and Natural Resource Management Former Lead Land Specialist for
Africa at the World Bank a Paper Prepared for Presentation at the National Development Policy Forum, National
Planning Authority Kampala, Uganda July 24, 2014.
63
Page 27
Recent studies have shown that, while the direct causes of low agricultural
productivity vary among the SSA countries, an underlying cause is poor land
governance (Byamugisha 2013). For example, in Uganda, empirical studies
have shown that agricultural production lost due to land disputes is very
considerable, ranging from 6 to 37 per cent, meaning that agricultural land
with conflict has 5-37 per cent lower productivity (yields) than those without
conflicts (Deininger and Castagnini 2006; Mwesigye and Matsumoto 2014).
And yet, land disputes are wide spread in Uganda, conservatively estimated
to affect 7 per cent of agricultural landholdings (2005/06 UNHS).
Considerable agricultural production is also foregone as a result of: (i)
landlessness and land-poverty as people willing and able to do agricultural
work have no land or little land to work with; (ii) under-used or unused
private and communal lands due to poor land access and land administration
policies; and (iii) inefficiently used or unused government land due to poor
land management policies. For Uganda to boost its agricultural production,
transform its economy and achieve its Vision 2040, it must embark on land
reform with urgency. Even with Uganda’s good prospects for oil production,
land reform will still be a necessary part of a package of agricultural sector
reforms needed to off-set the adverse oil-induced Dutch Disease effects on
agriculture’s terms of trade (vis-à-vis the oil and non-tradable sectors) and
competitiveness (Corden and Neary 1983). Similarly, unless addressed soon,
widespread corruption in the under-resourced land administration agencies
could undermine efforts to overhaul the national land registry and overall
confidence in the land administration system (Byamugisha 2013).
Page 28
NEW
APPROACHES
TO
LAND
POLICY
IMPLEMENTATION:
FRAMEWORK AND GUIDELINES ON LAND POLICY
The continuum of land rights is quickly gaining acceptance amongst key
global actors (see diagram below). Developed by Global Land Tool Network
(GLTN) UN-Habitat and its partners,67 the concept percieves “rights to land
as lying on a continuum. At one end are formal land rights, where the owner
is an individual, who holds a set of registered rights to a parcel of land that
are enshrined in law: the parcel is delineated on a map held in a record office;
the owner has the right to occupy the land, build on it (subject to approvals),
sell it, rent it out, transfer it to his or her heirs, and prevent other people
from coming on to it. At the informal end of the continuum are informal
rights: a group of individuals (such as a clan) may have traditional rights to
use a piece of land. The boundaries of the land may not be clearly marked on
the ground or on a map, and there may be no official paperwork certifying
who owns or has what rights to the land. In between these two extremes are
a wide range of rights.” 68 Rights on the continuum are multi-layered and
complex: “In reality, the rights do not lie on a single line, and they may
overlap with one another. Tenure can take a variety of forms, and ‘registered
freehold’ (at the formal end of the continuum) should not be seen as the
preferred or ultimate form of land rights, but as one of a number of
appropriate and legitimate forms. […] The most appropriate form depends on
67
UN-Habitat hosts the Secretariat of the Global Land Tool Network, a coalition of 66 global partners working to
enable governments and other partners to implement pro-poor land policies,
68
United Nations Human Settlements Programme (UN-Habitat); International Institute of Rural Reconstruction,
Africa Regional Centre; Global Land Tool Network (GLTN), Handling land: tools for land governance and secure
tenure, Nairobi, Kenya: United Nations Human Settlements Programme, GLTN, 2012,
[http://www.gltn.net/jdownloads/GLTN%20Documents/handling_land_eng_2012_.pdf].
Page 29
the particular situation: customary rights, for example, may be superior to
registered freehold in certain situations.”69
Continuum of Land Rights
Perceived
tenure
approaches
Occupancy
Adverse
possession
Leases
Formal land
rights
Informal land
rights
Customary
Alternatives
to eviction
Group
tenure
Registered
freehold
Source: UN-Habitat (2012)
In response to the challenges and limitations to formal land titling,
GLTN/UN-Habitat advocates the use of a variety of alternative tenure
options that can be easily adapted in developing countries to address the
range of rights to be addressed for the majority of people, including the poor,
to have security of tenure. Important work is still needed to raise awareness,
promote understanding and change the deeply rooted mind-sets that persist
amongst many key stakeholders different forms of land rights on what secure
tenure entails.
GLTN/UN-Habitat is implementing an intervention in
Uganda to: 1) Strengthen land-related policy, institutional and technical
frameworks and tools in addition to approaches that address the challenges
in delivering security of tenure at scale particularly for the urban and rural
poor; 2) Improve global knowledge and awareness on land-related policies,
tools and approaches that are pro-poor, gender appropriate, effective and
sustainable towards securing land and property rights for all; and 3)
69
United Nations Human Settlements Programme (UN-Habitat); International Institute of Rural Reconstruction,
Africa Regional Centre; Global Land Tool Network (GLTN), Handling land: tools for land governance and secure
tenure, Nairobi, Kenya: United Nations Human Settlements Programme, GLTN, 2012,
[http://www.gltn.net/jdownloads/GLTN%20Documents/handling_land_eng_2012_.pdf].
Page 30
Strengthen capacity of partners, land actors and targeted countries, cities
and municipalities to promote and implement appropriate land policies, tools
and approaches that are pro-poor, gender appropriate, effective and
sustainable.70
The National Land Policy recognizes customary tenure along with lease and
freehold rights to land.
Perhaps the most important aspect Land Policy
Implementation entails the systematic identification and execution of all
steps necessary for the attainment of the goals and prescription set out in the
national land policy. It is the translation of policy into a Programme of land
reform designed to deliver a wide range of services and benefits to the land
using public and to sectors which depend on the land system for value
addition. Broadly speaking, that range includes, but is not limited to, the
redistribution of land resources, the delivery of secure land rights, the
improvement of sustainable methods of land use, the reorganization of land
administration structures and services and facilitation of the support services
infrastructure required for optimum development of the land and related
sector functions. The greater the number of elements in that range the more
comprehensive will be the policy development process as well as the
implementation steps which seek to deliver them. Efficient, cost-effective and
sustainable delivery of that range of services and benefits require that a
number of additional steps be taken beyond the conclusion and presentation
of the National Policy.
In Uganda therefore, the successful implementation of the National Land
Policy will require putting in place a number of steps necessary for policy
implementation.
The
first
step
necessary
in
effective
land
policy
implementation is the design of realistic and achievable implementation
70
GLTN/UN-Habitat, Uganda Land Stakeholder's Workshop, Executive Summary, Kampala, Uganda, 8-9 April 2014.
Page 31
strategies. Important elements in that design are preparation of a
comprehensive checklist of activities to be in an implementation plan and
Programme, assessment of the capability of the various agencies whose
participation is needed and the mapping out of the terrain both physical and
cultural which is likely to be affected by the implementation process. The
crucial thing to appreciate here is that the implementation process is more
than just technical, it is deeply social and political exercise.
The second step is the preparation of an action plan. This must involve
realistic programming and sequencing, proper costing, accurate assessment
of financial and technological needs, along with capacity building and
mobilization of resources required for the short, medium and long term
implementation of key components of the policy. Because programmes
contemplated in land policies cannot be implemented en bloc, good practice
demands that the implementation of certain aspects be preceded by piloting
enables policy-makers to take lessons learnt on board before scaling up
implementation programmes on a regional or national scale.
The third step is to ensure a high level of political commitment by the
governing elites. The importance of political commitment cannot be over
emphasized. Many policy components are bound to be unpopular with and
resisted by some segments of the population.
The fourth step in effective land policy implementation is to maintain
continuous public ownership and acceptance of the main elements of the
policy. Without effective engagement of primary stakeholders at all stages in
the implementation process leadership perse will not guarantee the delivery
of outcomes contemplated in the policy. It is important that stakeholder
engagement continues beyond completion of the policy development stage.
Page 32
The fifth step is to identify those components of the policy which must be
legislated and the preparation of instruments and development of structures
and procedures for the management of those components.
The sixth step is domesticating relevant regional and international
commitments. Where policy prescriptions touch on issues that require
regional convergence or the domestication of international obligations, those
dimensions should be factored into the processes of legislating and
institutional design. Domestic enforcement of international and regional
commitments will require that the management of resources otherwise
controlled by one member state takes into account the needs of nationals of
other member states.
Finally,
when
considering
the
steps
necessary
for
the
effective
implementation of land policies, Ugandan government is advised to
appreciate that however technically sound or meticulously implemented their
various land policies are, these cannot resolve all of Africa’s problems for all
the time. Fresh pressures both internal and external will continue to impact
on the land sector after current implementation programmes and processes
are completed. Such pressures are likely to require radically new policy
options, management regimes or technical solutions should put in place
realistic time-frames for the review, revision or even replacement of current
policies. Such reviews should be stakeholder driven, informed by the most upto-date information on the performance of the land sector as well as by
lessons learnt from similar experiences elsewhere.
Page 33
As a country there will be need for government to support the process
through human and financial resources. Capacity building at all levels is a
necessary as well as the need to track progress.
Overall continuous engagement of all stakeholders for continued buy-in and
building of stakeholder partnerships is critical.
Page 34