1.  Property cannot own property”!
2.  Ndorobo people in tears
3.  More money, more problems
4.  Boundary disputes tear down Northern Uganda
5.  New Hope for Northern and Eastern Uganda
6.  ULA changes the face of Karamoja
7.  Constitution ambushed Acholi
8.  Land Management- Structures need overhaul
9.  Women too deserve land
10. Pursuit of a collective voice for the NGO sector
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1. Property cannot own property”!

Joselyn Bigirwa
Gender Equality and Advocacy Advisor-Concern Worldwide

A gender based violence study conductConcern Worldwide ed by Concern Worldwide (CWW) in Pader district (2007) revealed, that the fact that a woman leaves her natal home and joins her husband, denies her the right to own property. Practices like bride price, which are upheld by many Ugandan traditional cultures equate women to property, thus justifying the denial of right to own land under the pretext that ‘Property cannot own property’.

Such cruel and oppressive cultural tendencies deserve no place in contemporary Ugandan society, and the time is now to have them outlawed in the on-going land policy reforms. There’s need for concerted effort from civil society organizations to cause policy shifts that shall benefit the most vulnerable persons and groups in the country including women and children, who have by far suffered the most during and even after war, and are still suffering denial of property, and gender based violence.

Many of the returnees in Northern Uganda especially widows and child-headed households, are facing difficulties in finding a homeland as the Lord’s Resistance Army (LRA) conflict did not only devastate life, but also eclipsed all cultural institutions and systems that previously supported community development.  Though the government of Uganda has put up a framework to support reconstruction and recovery programmes for Northern and Eastern Uganda, the same framework does not cater for specific women’s land issues. It lacks in strategies to increase accessibility or control of land by women, yet the entire country is reliant on agricultural production – an activity predominantly serviced by women!

Concern has started livelihood programmes in Amuria, Pader and Karamoja intended to promote recovery and empowerment of women to participate and benefit from the development programmes currently implemented in partnership with the Uganda Land Alliance, CARITAS, DOK, WORUDET and VEDCO. The programmes focusing on food security and income include gender mainstreaming, promotion of land justice, accessibility and ownership of land especially by the marginalized groups.

*Concern is a voluntary non-denominational development and humanitarian
organization founded in Dublin Ireland in 1968. It first worked in Uganda in the
early 80s during the major famine in Karamoja with a focus on relief. Since early
1990s, CWW has continued to support development programmes focused on
livelihood improvement, HIV/AIDS, health and emergency support in various parts
of Uganda.

2. Ndorobo people in tears

David Mukhwana
Advocacy Officer, ULA

The seemingly small flame that lit up on the slopes of Mt. Elgon in the early ‘80s, slowly but surely grew into a fast spreading bushfire that now threatens to devour an entire community. Unaware of the likely impact it could have, government has paid lip attention to the flame, and herein emanates the troubles of the Ndorobo minority people. A resettlement was initiated by government in 1983 following the transformation of the original place of abode for the Ndorobos into a Forest Reserve.

During the process, 8 families (the Kapsekek) were left in the forest and these have since multiplied into 49 today, with hundreds of descendants currently entangled in a cat and mouse game with the authorities. The ongoing conflict is perhaps made more shameful by the standing court order drawn from a judgment in 2005 that recognized the status of the Ndorobos, acknowledging government’s mistakes in dealing with the situation. The court order called for the de-gazettement of the protected area in question, but to date it  has failed to materialize.

The 6000ha secured by government for the Ndorobos on the Benet side of Kapchorwa in 1983 was fraudulently managed by the local leaders who incorporated other peoples, extending the boundary by over 1500ha. ULA has heard reports indicating that most technical and political leaders, including the RDC allocated themselves huge chunks of land, some of which they liquidated into cash with prominent business people in the district. The de-gazettement appears too far to come by and as such, ULA calls upon all stakeholders to stand up and defend the cause of the Ndorobo by urging government to respect and implement the court order.

3. More money, more problems

Tumusiime K. Deo
Communications Officer, ULA

When the Uganda government sounded drums announcing the end of the insurgency orchestrated by Kony and his men, the people responded. An avalanche of NGO activity dawned on the region with many organizations redesigning their programmes from the direction of war to resettlement, and counseling. After all, money has never been a problem, thanks to philanthropic donations from abroad. Particularly on land, even the government admits to have released so many millions of Dollars geared towards resettlement programs. Interestingly though, it appears that as more money is poured into Northern Uganda, and as relative peace continues to bud in the region, the people’s real problems do not seem to be reducing respectively. Instead, conflict is swiftly shifting from politics to resources.

“Government needs to go down to the ground, burn the mid-night candlelight and revive Customary Land Tenure. They must think carefully and appreciate people’s views before we can talk of funding”. This was the voice of a son of the soil Hon. James Okema,  the Minister of Lands, Natural Resources and Physical Planning in the Ker Kwaro Acholi Kingdom. According to him, if functional structures are not put in place, no amount of funds will redeem the situation in Northern Uganda. The current stalemate in Northern Uganda emanates from the government’s apparent failure to incorporate the local people’s real concerns and the apparent attempt to discourage customary land tenure in support of Freehold.

However, all and sundry, the government’s position seems absolutely clear; “Really if you think government will develop customary tenure which it’s not used to, then you are placing your emphasis on the wrong side. Customary Tenure was recognized by the Constitution, and government has never refused its implementation,” says Commissioner Janan Bwiragura of the Ministry of Lands Housing and Urban Development. Question: Would anyone know the needs of the ordinary people in Northern Uganda more than the people themselves? As it appears, many are skeptical of the formal court system in resolving their conflicts over land, and are crying loud for the legal paradigm to give priority to traditional justice systems against the conventional court systems. The Uganda Land Alliance heard the cry, and has indeed thought loud and launched an action research study to advocate for this concern.

Funding must be strategic and geared towards sustainable peace and development. As it stands, the people are getting spoilt to such an extent that they first ask if there’s facilitation before attending any training. In the short run there’s resounding activity going on, workshops involving Billions of Shillings are convened, but actual translation of this into tangible impact is totally insignificant.

4. Boundary disputes tear down Northern Uganda

Lydia Kisekka
ULA Research Officer

Some boundaries are inexistent; others were eroded by the 20-year old insurgency, while those that still faintly exist are strongly contested by various players. Such is the chaotic situation currently experienced in Northern Uganda.  This situation does not seem to be helped by the continued mushrooming of districts curved out of traditional ones. What used to be boundary disputes between family members seem to have now grown to district-level, ushering in a new phenomenon of inter-boundary disputes.

These have caused remarkable insecurity between communities that once shared a common source of livelihood; and with the discovery of oil in Amuru, coupled with fertile soils and steady rainfall; a scramble for territory has ensued: Amuru fighting against Pabo, Pabo against Adjumani, Purongo versus West Nile and Nebi. In fact, some people from Nebbi district are crossing the Nile to occupy and claim land 5-10Kilometers into Amuru district. As if that’s not enough ground for conflicts, most land in Uganda is currently held under customary tenure, meaning that it is privately owned either by individuals, families or clans.

However, while rights to such land are recognised by law, the owners have no documentation to prove ownership, and there is no register where their land is recorded. What exists as proof of ownership are mere locally established boundaries usually trees or other natural markers that in most cases fade or get washed away by climatic changes. The returnees are now caught up between land disputes because their land has been taken by other people claiming private ownership. Most elders who knew the land boundaries died in the war, while some are taking advantage of the situation to privately claim ownership of the land. This situation calls for urgent intervention from all peace-loving leaders in this country to halt the problem before it gets any worse.

5. New Hope for Northern and Eastern Uganda

Sean Farrell
Trocaire

Northern Uganda is coming through transition with the relative peace over the past few years clearly heightening hopes of a return to normalcy and a break with the violence and  trauma of the past. Yet while many challenges remain such as the lack of social services, and high poverty levels, hope for a  more prosperous future is beaconing as a new scenario unfolds. Within this new scenario, it is critical that those who suffered the violence are now provided with the means to re-establish their lives, and their communities. There are many aspects to facilitating this planned return, and aligning the building blocks for lives to again blossom throughout Northern Uganda is the key challenge. Undoubtedly, one of the key blocks remains access to land.

At this important in time, land is the only real socio-economic asset for the survival of the rural poor. In times of upheaval and conflict, it is regularly the most vulnerable and the least protected who are pushed off land and deprived of the means by which to sustain their livelihoods. As the situation moves from war to peace and from conflict to recovery, we are also seeing clear trends where the vulnerable are targeted and where land is grabbed from those perceived as easy targets. Female [and child] headed households, widows, orphans and the elderly often fail to resettle. In a number of well documented cases, these are the groups stranded in camps as a result of a land dispute where they are taken advantage of at various levels.

Of course there are many reasons as to why this happens: The weakening of the traditional social system, the negative results of camp life and the weakening of social structures, a partly dysfunctional legal system, the role of law enforcement, confusion over tenets of the various land administration systems, the lack of clear functioning land bodies and the many challenges in achieving a successful return for such a large displaced population. However, despite these often given reasons, this issue of land stolen from the weak by the powerful confronts us all with a fundamental moral, ethical and legal challenge:

Are we to stand by now at this time of peace and see the final injury inflicted on the people through the loss of the only asset they have ever possessed? Are we to look on while people who have been deprived of access to their source of livelihood as a result of years of conflict and war continue to suffer miserably? Are we to simply watch vulnerable groups cast aside condemned to lives of camp poverty? The answers to these questions will say everything about who we are as people, as organisations and indeed as a country.  The time is now for everybody to stand up and be counted for their contribution to the total recovery of Northern Uganda.

6. ULA changes the face of Karamoja

John Mwebe
Legal Assistant, ULA

The Karamoja region, referred to by many as backward since time immemorial, faces far more challenges over land compared to other regions of the country. A ray of modern development has only shone in recent years with the active involvement of NGOs trying to improve on Karimojong lifestyle. However, ULA has established that part of the pastoral lands in Karamoja are under threat from government, mining companies, and investors among others. Against this background, and in pursuit of its mission of ensuring tenure security for improved livelihoods of the poor and vulnerable in Uganda, ULA has embarked on a community mapping project aimed at ensuring a better understanding of the socio-economic challenges of the Karimojong.

The project brings together different actors including local governments, civic and traditional leaders, NGOs, donors and the community with a hope of ensuring coherent implementation of development programmes.  Currently it’s being piloted in Irir Sub-County, which is considered the food basket for the region. A series of trainings to equip the community with knowledge of the law and policies that govern customary land have been conducted, attended by over 1000 people. This overwhelming support clearly indicates the thirst that the Karimojong have endured over the years especially as modern trends attempt to usurp their land, which is by far the most important resource they own.

Thanks to the active engagement of various stakeholders that participated in adjudicating parcel boundaries to ascertain the extent of individual, communal and institutional land, a lot has so far been achieved. The survey team with the help of a cartographer has so far successfully mapped four communities, and they are yet to receive certificates of customary tenure from the Recorder at Sub-County. The mapping process has however faced stiff resistance from the Uganda Wildlife Authority, which considers any encroachment on the gazetted wildlife reserve abhorred. Border disputes between Katakwi and Moroto, which have been outstanding for many years, have also taken toll on the mapping exercise

7. Constitution ambushed Acholi

James Esau Okema Ker Kwaro Acholi;
Minister of Lands, Natural Resources and Physical Planning

While the Acholi were gripped in theatres of war, a new Constitution was passed in 1995, and a land Act in 1998. As if that was not enough, little awareness was done, leaving the Acholis no choice but to abide by the legislation the did not understand, and which hardly considered their pertinent concerns. Besides, the Constitution still leaves many with dismal knowledge of their rights and responsibilities particularly in regards to land. The ensuing confusion over customary tenure as opposed to “ancestral” tenure has led to a breakdown in public and community service delivery systems, and the resultant land conflicts that have at times turned bloody.

Land, ought to be managed based on effective public information, education and communication to protect land rights, particularly of the venerable groups. “We need affordable and accessible land dispute resolution mechanisms, which must deliver timely justice as a way of building community confidence in the systems.  Uganda ought to borrow a leaf from success stories in Indonesia and India which have not only incorporated customary tenure in their legal principle of “dualism”, but have also established functional operational mechanisms. Once the community mechanism has been incorporated into the formal justice system, it will help reduce land cases-back logs; avoid cyclical conflict and destructions; Promote land equity and sustainable utilisation, and harmony.

8. Land Management- Structures need overhaul

David Mukhwana
ULA Advocacy Officer

To what extent have Uganda’s constitutional provisions on land been effected? This is a question that lingers in many peoples’ minds today. Article 237 of the Constitution vests all land in the citizens of Uganda, owned in accordance with the four land tenure systems (Mailo, Freehold, Leasehold and Customary). The Constitution provides for decentralization and devolution of government functions and powers to the people at district and Sub-County levels. Against this background, structures such as the District Land Boards/land offices, Area Land Committees, Office of the Recorder, and the Communal Land Associations were provided for, to ensure effective management and utilization of what by far is the most important resource for anyone in the world. Regrettably, the relevance and effectiveness of these structures leaves a lot to be desired.

Apparently there has not been any meaningful decentralization and devolution as spelled out in the law, as the District Land Boards are simply acting on behalf of the Ministry of Lands. On top of that, among their functions includes holding and allocating land that is not owned by anyone or authority, yet in Uganda today, there’s hardly any land that is not owned, making such a provision redundant. Many people have taken advantage of the loopholes in the system to acquire huge chunks of land at the expense of the powerless, yet by law every citizen deserves to own some land.

Despite the fact that the Land Boards are charged with the key duty of handling title applications among others, evidence on the ground indicates that this function has often been at snail pace due to inconsistent facilitation. Many Land Board offices countrywide are understaffed and lack equipment and adequate induction to expedite their duties. These establishments clearly require a complete overhaul in order to cause the much desired return to sanity in land management in the country.

9. Women too deserve land

Esther Obaikol
Executive Director, ULA

Good for nothing! Such is the title relatives gave Norah Apolot on account of being a single and unmarried mother. At 74 [and with 5 children to raise], Ms. Apolot never officially owned land from her parents. The now frail and dejected old mother from Odapakol village in Serere, Soroti district says, “If I had not worked hard to purchase my 30 acres of land, I wonder what would have happened to us”. Yet while it may be said that unmarried women ‘suffer due to failure to legalize their marriages’, experience indicates that even officially married women are denied rights to land due to the patriarchal family arrangement in most parts of Uganda.

Like in the case of Mrs. Arorwa an insurance broker and resident of Namugongo, an urban area 20kms from Kampala City: She struggled to secure a bank loan to purchase a piece of land, and another (loan) to build a house, but registered the properties in her husband’s names as head of the household. As is the trend in many families, when the marriage went sour, Mr. Arorwa got a mistress, and decided to mortgage the house without the official wife’s consent. For fear of “insubordination”, Mrs. Arorwa chose not to pursue a court case against the husband but her suffering only took an uglier turn when Mr. Arorwa sought to sell the house altogether.

Mrs. Arorwa’s situation was only abated when a lawyer friend, Mrs. Kaweesi helped her lodge a caveat on the property under Section 39 of the Land Act, which permits spouses not being the owners of land to lodge caveats on the certificate of title barring any transactions on land without the consent of the spouse. Mr. Arorwa was then taken to the police station where an agreement was reached that he would pay child support and leave Mrs. Arorwa with the house lest the law catches up with him. He committed to this in writing and at this point, Mrs. Arorwa was saved from the “jaws of a crocodile”.

Yes, women’s rights to land have over the years been ignored and considered not to fall under the ambit of women’s rights, despite the mantle of responsibility they carry even in the presence of fathers of their children! Hundreds such cases exist countrywide and cut across cultural, urban or rural divides. They are mostly worsened by the prejudicial and oppressive cultural tendencies against women, and which upraise men at the expense of the their female counterparts. This trend of affairs often grows into a cancer that eats up the rights of the “entire” woman all the way to her grave. However, thanks to modern legislation and pressure from both local and international campaigners, a glimmer of hope for change seems to be shimmering positive at the end of the tunnel; and ULA is committed to the struggle.

10. Pursuit of a collective voice for the NGO sector

The Uganda National NGO Forum (UNNGOF) was formed in 1997 at a time of dire need for a concerted civil society voice to address various human/ rights concerns. It was established as a ‘broad based’ national body for NGOs with a mission of  providing a platform for NGOs operating in Uganda to contribute to public policy dialogue through advocacy, networking, partnership development and information exchange. It has since grown from fewer than 50 members in 2001 to more than 400 members currently, drawn from NGOs working in Uganda, NGO networks and international NGOs.

In the past decade or so, the UNNGOF has contributed to several collective efforts geared towards improving internal and external perception of NGOs in Uganda through harnessing collective policy engagements and promoting instruments such as the NGO Quality Assurance Certification Mechanism (QuAM). This has in turn made it a focal point for information on NGOs in Uganda.

Particularly, the UNNGOF has spearheaded and coordinated NGO participation in several important national and regional development processes such as the Poverty Eradication Action Plan (PEAP), the National Development Plan (NDP), and the Africa Peer Review Mechanism (APRM); and represented its membership on high level government and interagency bodies such as the National Planning Authority and the APRM National Governing Council, and the East Africa Civil Society Forum, to mention but a few. This way, the voice of civil society has been loudly heard, and progressively the contribution of CSOs to the development agenda of the country is being heralded.

As part of its plan to widen its scope of operation, the UNNGOF has hosted several collective civil society platforms such as the National District Networks Support Program (NDNSP), the Civil Society Aid Platform, the Global Campaign Against Poverty (GCAP) platform in Uganda, the Uganda Governance Monitoring Platform (UGMP) and Uwezo Uganda, among others. This has in many ways contributed to greater capacity, and effectiveness of national and district based CSOs’ campaign activity. However, despite all the notable achievements, the changing national and international political, social and economic trends have had a negative impact on the flow of UNNGOF activities, as some of the donors have had to cut on their financial obligations, yet UNNGOF does not generate its own income.

Perhaps the other challenge is the fact that the hey days of participatory and open policy discourses experienced between 1996 and 2005 seem to be long gone as the policy terrain in Uganda appears riddled with many political intricacies, especially in light of the return to multiparty politics, which has made policy processes relatively more exclusive than before. In such an environment, NGOs get caught up in the politics of policy and this affects their ability to engage constructively.

Involvement with the Uganda Land Alliance

UNNGOF has chaired ULA for the past decade, and has actively participated in the Alliance’s activities; notably as part of the Civil Society Working Group which contributed a great deal to the drafting process of the National Land Policy currently under formulation. Considering the importance of land as perhaps the most important asset to all Ugandans, the UNNGOF urges the entire civil society fraternity to proactively inform policies and practices that lead to its greater equity and effective utilization.

Membership to the UNNGOF

Membership to the UNNGOF is open to NGOs upon completion of a Membership Application Form accompanied by the following:

• A copy of the certification of registration from the NGO Board and / or relevant government authority
• A copy of the organization’s Constitution
• A copy of the most recent  Annual Report

The applicant must also acknowledge the principles embodied in the vision and mission statements of UNNGOF, agree to act in conformance with, and support both. Additionally, the applicant must concur to abide by the Members’ Charter and Guidelines; and stay current in its membership dues to UNNGOF.

Profile written by:
Richard Ssewakiryanga, Arthur Larok, and Judith N. Tumusiime

Edited by:
Tumusiime K. Deo [ULA]

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