Knowledge Programme Activity

Background of land issues and poverty in Uganda
In the last ten years, the significance of land issues in Africa, and Uganda in particular, has been heightened by the widespread reorientation of countries from centrally-planned to market-based development policies. For subsistence farmers, especially women who represent a large proportion of all labour, radical changes in the overall economic operating environments have compounded land access difficulties. Security of land tenure has been highlighted as a vital cross-cutting issue and essential to reducing poverty by:

(i) increasing smallholder incomes;
(ii) for ensuring longer-term investments in land resources; and,
(iii) as a means to reduce or resolve conflicts between communities and various user-groups.

In Uganda , the government instituted a plan to eradicate poverty by 2017, through their Poverty Eradication Action Plan (PEAP) and the Plan for Modernization of Agriculture (PMA), both of which are now well-established strategies promoting participatory processes and coordinated approaches. Land is one of the most important factors of production in Uganda, accounting for more than 50 percent of the economy. In fact, the agriculture sector has the potential to feed the nation and export food and non-food products which would make a significant contribution to the reduction of poverty. However, security of tenure remains a crucial element to land utilization and productivity.

Consequently, the resolution of land issues for all concerned is a necessary condition to fulfil that potential. With variations between districts and regions, related to historical, agro-ecological and demographic factors, the fact that persistent land issues contribute to poverty has been reaffirmed by the government and farmers themselves.

Moreover, the already large number of poor rural households in Uganda involved in land disputes is growing: These conflicts disproportionately impact upon poor households who are more vulnerable because of their political, economic and social marginalization. Similarly, low incomes, limited economic reserves and a dependence on agriculture (wage labour) put formal judicial processes beyond the reach of poor households. Often, smallholders in Uganda are denied security of access to productive land because they are unaware of their rights under customary and statutory law.

There are generally three types of conflicts which are recognized:

(i) conflicts between cultivators;
(ii) conflicts between cultivators and pastoralists/herders, and
(iii) conflicts between herders relating to access to water points.

In Uganda , conflicts most commonly arise in relation to either boundary disputes or succession disputes (most notable, "grabbing" of land by other family members).

In response to the inability of the poor to resolve conflicts over land rights, the Uganda Land Alliance (ULA), a consortium of national and international non-governmental organizations and individuals which advocates for fair land laws and policies, has put into place a grass-roots mechanism to address the rights of the poor men, women, children and other marginalized groups

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Land dynamics in Uganda:
Tenure:Following the promulgation of the Constitution of the Republic of Uganda in 1995 a new land reform law was enacted (Land Act 1988) which aimed at overcoming poverty. The constitution states that all land in Uganda belongs to is citizens and is invested in them in according to four tenure systems.

Tenure reform in Uganda resolves around:

(i) poverty alleviation and environmental protection;
(ii) redress of past land ownership inequalities;
(iii) protection of the rights of disadvantaged groups; and
(iv) facilitation of agricultural development. Currently, the debate on the land law and modernization of agriculture involves assessing the effectiveness of the Land Act in ensuring security of tenure and productivity.

However, NGOs claim that this Act still does not address the concerns of women who are disposed or landless. The new Constitution and Land Act will have an enormous impact on the primary users and managers of land resources - farmers, tenants and peasants - where land is vested in the citizens through a number of provisions:

• Conversion of leases held on public land into freehold
• All land users to enjoy security to tenure/occupancy
• Acquisition of certificates by all users of land
• Conversion of customary tenure into freehold land ownership by registration
• Decentralized system of land control, management and dispute resolution
• Abolishment of statutory leases.

Conflict Resolution:In terms of resolving land conflicts, now growing in levels of violence, the formal legal process is both costly and slow. Similarly, prolonged disputes can lead to under-utilization, or even abandonment, of land and may act as a strong disincentive to investment. Civil-society organizations have been seeking non-violent solutions to local land disputes, centred on the principles of dialogue, negotiation and arbitration. The most visible evidence relates to the number of enquiries to the few free legal advice schemes in the country. Increased awareness and understanding of land rights may assist some farmers in securing their access to land, although some argue that a large proportion of petty land disputes are between poor households and within family groups.

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History of Land in Uganda
Following the promulgation of the Constitution of the Republic of Uganda in 1995, certain fundamental principles were introduced. For the fist time, land was vested in the citizens under Article 237 (1), and held in accordance with the four tenure systems: Mailo, Freehold, Leasehold and Customary. However, this did not guarantee automatic tenure for all Ugandans by virtue of their citizenship.

The Constitution provided for the enactment of a new Land Act 1998, with the fundamental principles of abolishing discrimination against women's property rights, and upholding the rights of everyone to own property. The Government retained the right to compulsory purchase for public purposes, return of property to reinstated Kingdoms, and lawful and bonafide occupants. The inclusion of "lawful and bonafide" occupants was to guarantee security of occupancy and ultimately, tenancy, for a specific category of citizens who were either disenfranchised or lacked land. Both the Constitution and the Land Act are having an enormous impact on farmers, tenants and peasants, where land is vested in the citizens of Uganda through a number of provisions:

• Conversion of leases held on public land into freehold
• All land users to enjoy security of tenure/occupancy
• Acquisition of certificates by all users of land
• Conversion of customary tenure into freehold land ownership by registration
• Decentralized system of land control, management and dispute resolution
• Abolishment of statutory leases

When the Land Act 1998 came into force, it introduced land administration and conflict resolution mechanisms which, according to government policy on decentralization, were to be established in all districts. This placed more emphasis on the role of local government units in formulating land policy. Therefore, land sector services are now the responsibility of local government units, but these institutions are often under-staffed and lack funding. Increased capacity of local institutions is crucial to improve land interventions and formulate policy. Apparently, however, there is a willingness among local government officials to explore land issues in greater depth. Initially, all land disputes were handed by the High Court and courts of judicature which always required the services of a lawyer.

The introduction of these district institutions aimed to ensure delivery of services to the lowest level at minimum cost. This also meant a transfer of the function from the Department of Justice to the Ministry of Water Land and Environment, although the Judicial Service Commission was involved in the recruitment exercise involving additional financial and human resources.

Despite the enactment of the law in 1998, the establishment of these institutions did not take place until 2000 and, even then, not all were functional. Therefore, in a bid to enforce the law, regulations were formulated and passed in 2000 prohibiting the High Court and Magistrates Courts Grade II to take on new cases. On the other hand, conflict resolution institutions previously provided for under the same law ceased to become operational because of financial and human resource constraints. This resulted in a backlog of cases as the Local Councils handles only cases of trespassing, boundary disputes et cetera, at the very lowest levels.

The Uganda Land Alliance (ULA), is a consortium of national and international non-governmental organizations and individuals advocating for fair land laws and policies that address the land rights of poor people and other marginalized groups. They have put into place a mechanism in response to the need for inexpensive legal counselling for poor people at the district level. Through ULA's involvement with the rural communities, they ascertained that most people were isolated and lacked the necessary knowledge, information or skill to enable them to engage with government representatives at various levels. Moreover, information provided by government institutions was very scanty and often provided in technical and legal terminology.

The idea of Land Rights Information Centres was to create a physical space where individuals from rural and urban communities could receive counselling and legal advice on land-related issues. The aim of the Centre was to promote alternative conflict resolution mechanisms on the premise that breakdown in community-level relations is detrimental to the harmony of the community as a whole. The communities would be empowered through the Centres which would provide information and simple translated literature on the provisions of the land laws, implications in implementation, policy development processes and advice on seeking amendments. Court proceedings were considered to be the last resort.

Initially, four primary centres were planned, each operating under the auspices of a member of the ULA. However, the situation developed as the Centres impacted on people's lives and subsequent to the pilot initiative at the Rural Development Training Programme (UDT), further requests were received from Alliance partners to create Centres throughout the country. There are five Land Rights Information Centres currently in operation and a sixth will open shortly.

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Land Rights Information Centre:

Objectives:

• Establish ULA and its partners as: (i) land rights "watchdogs" for poor people and marginalized groups: and, (ii) as centres for information dissemination on land law and policy or other related issues.
• Provide legal and technical advice on land laws and policies including consultation on the policy development processes and research.

Activities:

• Provide information and advice on land law, policy and other related issues; assess and analyse cases with a view to providing guidance and generating information/data or statistics to feed into the ULA lobby process on the Land Law Policy.
• Organize follow-up visits on outstanding cases; accompany elders, local councillors, lawyer or a ULA Coordinator/Programme officer, to review and amicably resolve disputes.
• Raise public awareness on land laws and policy development processes, to ensure that the poor's land rights are protected. Guide public on the use of land administration and conflict resolution system put in place by the Land Act of 1998.
• Plan and implement training activities to improve awareness of land laws calling on other Alliance members or the Secretariat who have more experience in the area.

Responsibility of ULA: Provide: (a) technical back stopping, computers, training materials, copies of documents pertaining to laws/legislation and policy and any other material which would enhance their knowledge and improve the centre's services; and, (b) financial support towards: desk officer's salary, community visits and stationery. Secretariat undertakes refresher courses and exchange visits to promote sharing best practices/experiences, action-based research and monitoring and evaluation of all centres, to asses their performance.

Responsibility of the NGO: Provide office accommodation, plan and budget for activities. Exercise daily supervision and monitoring of the officer in the performance of his/her work. The NGO, together with the executive director of that member organization, plans for the phase-out and rollover of the sustainability of the centre by incorporating its activities into that of the member organization.

Responsibility of the Land Centre Officer : Offers legal advice on land rights, provides information and material to clients, keeps client records; provides quarterly progress reports, gives reports at ULA monthly meetings and provides information on emerging issues. Officers must be the link between the community, the land administration and the dispute resolution departments. They organize and participate in the meetings between the clients and officials in the government departments as well as mediating in the communities when there is a dispute. Their follow up of cases is not confined to administration.

Office space: Is provided by the NGO within its premises. The organization recruits a desk officer, or seconds one of its legal employees. In some cases information will have already been compiled on land issues to assist providing immediate services.

Steps in setting up LRC: The centres were set up on ULA premises in view of ground-level experience and well-establish relations with the local elders and communities. This NGO should have the capacity to provide legal or paralegal services or be near to a legal aid service provider.

An evaluation visit is carried out to verify NGO coordinates, after which an annual workplan is drawn up and a partnership agreement finalized. The purpose of the evaluation is to help both parties understand the concept of Land Rights Information Centres as a partnership where both contribute financial and human resources.

The member partner carries out a needs assessment and subsequently trains the employee in their organization's culture.

ULA carries out a further training course, followed another ULA-supported course at the hosting Centre.

The employee receives one-week training in information documentation. The process is aimed at creating ownership, equipping/preparing the team for the task, and building up the capacity of the desk officer, given that not all are lawyers even if the work is unique in many ways.

An MOU is drawn up between ULA and the NGO. At the launch, District leaders/clan/elders and community members, the area Member for Parliament, Minister of Lands Water and Environment, or his representative, are invited as the guest of honour. This creates partnership between the Ministry, Community/District leaders, the Alliance member and the Alliance .

Verball counselling: The desk officer must have a substantial legal background, preferably in land issues. He should have adequate knowledge of other related laws such as marriage, inheritance, contract and policies because of implications on land issues, especially rights and ownership. The most common service given by the Centre is that of advice.

The invaluable contribution of the Land Rights Information Centre is its on-site service for people with real, and often urgent, problems. Through speaking with the people who come to the Centre, the officer can fully understand the land issues, their complexity, and the appropriate response: oral, written; training or referral to either the Land tribunals or Courts of Law. In essence, its entire raison-d'être is driven by the very real needs and demands of the people who come to the Centre. Common disputes are:

• Searching for or transferring titles
• Information on rights and obligations
• Using land without permission/trespassing
• Land disputes arising because people are unaware of the new land laws
• Boundary disputes
• Land grabbing, especially clan members grabbing windows' and orphans' land
• Threatening eviction
• Consent by family members to use sell land, without prior notice, by other family members.

Information Dissemination: Sometimes it is clear that the problem expressed by a visitor to the Centre represents a broader problem affecting many people. At this point, the officer, or a suitable person from the participating organization, or the Secretariat, goes into the community to sensitize its residents and/or leaders on specific issues. Sensitization can be achieved by distributing relevant information and holding a meeting to explain the contents of the material and to answer questions. The key challenge is to produce simplified clear, understandable information, suitable for the villagers.

By having daily and direct contact with the villagers, the land Rights Information Centre can serve as a highly accurate resource for assessing the issues to be addressed through written material, as well as the most suitable type of format (posters, pamphlets, booklets, etc.) to enable villagers to be aware of their rights and obligations. The information contained in a particular document should not be too broad, but should focus on a specific issue that can be easily absorbed by the villagers. For example, it is preferable to have five short pamphlets on five separate issues. Examples of brochures produced for sensitization of villages and leaders include brochure and posters.

Radio programmes: Are key tools for disseminating information to local people, especially marginalized groups in remote areas, where the illiteracy rate can be high. Regular radio sessions to disseminate information are useful. Written information must be simple, brief, and confined to one issue at a time. Another potential source of disseminating information is through churches and schools and information could also be included in the school curriculum, so that the younger people are knowledgeable on land issues. The radio transmissions should be educational and cover topics which the officers know need to be discussed. These may vary: law, consent, family rights, spouse rights, marriage laws, inheritance/succession.

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Brochures:

Land and-Tenant Rights and Obligations: This brochure describes the different types of land tenure, rights and obligations of both tenant and landlord. It explains how to acquire a leasehold certificate of title on former public land, a certificate of customary ownership and a certification of occupancy.

Educating Farmers on Their Land Rights: This farmers' handbook was produced to explain the historical background of the Land Act, related laws and regulations, and the implications of human rights and gender implications.

Land Management Institutions : This brochure walks the reader through the various institutions handling land disputes; from mediators and traditional authorities, to land tribunals and the high courts. The second part of the brochure discusses land administration and takes the reader through the institutions that administer land in Uganda , from the Uganda Land Commission to the District Land Boards to the District Land Office to the Land committees.

Family Relations and Land Rights: This brochure was produced to sensitize communities on the provisions of the Land Act 1998, and how those provisions relate to men and women. The brochure also describes the National Gender Policy and explains the different types of marriages and implications as far as access, ownership and control rights and security of tenure. A section is also devoted to wills, an issue relating to the law of succession in Uganda , and inheritance rights of spouses, children and dependant relatives, and women's legal land rights. The position of the law has since changed - Section 40 on "consent" - after the Land Amendment Act 2004 which guarantees security of tenure for women, especially in a monogamous relationship. This booklet has to be reviewed.

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Key Lessons and Challenges: Land Rights Information Centres have been extremely effective in: (i) providing information and sensitization on land laws and policy to farmers, peasants, village leaders and government workers, providing its constituents, poor indigenous people, with legal and technical advice; (ii) strengthening relationships between government line ministries and departments, local government and the people they serve; (iii) gaining a solid understanding of the land issues being faced in a particular community or region; and, (iv) fostering harmonious relationships between government, civil society and communities. In the four years that the Land Rights Information Centres have been operating, a number of key lessons and challenges have emerged. These should be considered when setting up these facilities.

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Partnership within civil society. Partnership is perhaps the most important factor in creating and maintaining a Land Rights Information Centre. Linking with NGOs already providing some form of legal aid services, or those having close ties with particular communities, is most valuable in terms of cost and quality of service. Working within a coalition of NGOs ensures that the required knowledge is easily accessible, as well as providing the resources to provide whatever services are needed. Needs assessments may already be in place, thereby facilitating the setting up of a Centre, determining how it will operate, and what relevant material needs to be prepared. Partners can partners can ascertain in their communities how the work can be shared. For example, they can identify paralegals to provide onsite outreach, otherwise carried out by the officer. An MOU needs to be drawn up avoid overlapping responsibilities and conflict of interests. This ensures that contracted work is carried out. Partnerships can only be effective if communication and information sharing is systematic and comprehensive. Group trainings and meetings on a regular basis contribute significantly.

Partnership with government and local leaders : Ideally, the Officers should be "seconded" from a partner organization and should have appropriate legal background and mediation skills. To increase manpower, a programme of paralegals, closer to the people, can be set up to provide information, identify problems and recommend training and/or sensitization needs. The officer should have the responsibility of managing this team of paralegals. He must possess managerial skills or be given management skills training. Needless to say, budget permitting, it is preferable to have more than one officer to allow field visits.

Equipment : The budget should include allocations for a computer, a vehicle, training equipment (such as videos, overhead projectors, slides, etc.) and translation charges for written material. Because of the ethnic diversity, translation into local languages is extremely important.

Integrating the Centre into the partner organization . The centre should be created with the aim of integrating it into the partner organization to provide a support system of human resources and equipment, and avoid working in isolation. Integration also increases fundraising possibilities. Partners running the Centres could integrate the activities into their workplans/logical frameworks, budgets and joint proposals.

One implicit challenge is the production of written material. A distinct advantage of linking the Centre to a network of local NGOs is that the resources - financial as well as human - can be found to produce the required material. In this case, many of the ULA membership contribute financially to the production of written material.

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Training: The written material produced usually serves as reference material following an on-site training. In other words, the material is not just simply distributed to the villagers or leaders, it is given to them after the training or workshop session, during which the contents of the material has been discussed. Ideally, training includes both farmers and village leaders to encourage greater exchange and openness as well as to sensitize the leaders to the difficulties. At the same time, training courses can be held for individual groups, e.g. farmers, local leaders, district officials.

To accommodate the training demands, a schedule is drawn up for the Centre to be open Monday through Thursday. Friday is devoted to any on-site activities that need to be conducted - training, workshops, specific dispute resolution, etc. The officer therefore has the opportunity to better understand village dynamics and meet farmers who may not have the time or financial resources to make the journey to the Centre. The officer works together with the communities and local leaders to determine the content of the training. Sometimes the community members will come to the Centre to request a particular training. Whatever type of training is provided the Centre should be allied with the local leaders to assure that all initiatives are undertaken in a spirit of collaboration. Often, it is the responsibility of the officer to prepare the particular training.

Having a network of NGOs permits the officer to coordinate with others who may already posses the appropriate presentation materials and/or expertise. Through the network, the officer may be able to attend training on a particular issue. In fact, it is critical that the Land Rights Desk officer be given a one-week training on how to run the desk and set up a database.

Examples of the most common types of training include:

• Land Rights for Tenants and landlords
• Land Tenure Systems
• Land Management Institutions
• Land Management Administration
• The Land Law and its implications
• How to obtain a Land Title
• Offenses that can be committee inadvertently
• Women, Gender issues and Land Rights

A regular presence in the communities also assures that training can be developed for any new issue arising. When an issue repeatedly comes up at the community, the officer either prepares a talk or arranges training - a knowledgeable paralegal may conduct the training together with the officer. In the event of extra help being required, especially in technical matters, the Secretariat is usually asked to assist with the training.

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Human Resources Support: The officer plays a central role. He or she runs the Centre almost single-handed, serving as the sole conduit of information. Through daily contacts with visitors, or weekly field visits, the officer determines the key issues as well as the appropriate responses; simple advice, a second meeting with all parties, meeting with a community elder or leader, group training or sensitization, etc. Often the officer is charged with producing the information or training material, or at the very least, procuring this from another source. He or she often conducts the training, sensitization sessions or determines the appropriate alternative. Moreover, the Officer is a pivotal contact with the district officials. The Resident District Commissioner, the Chief Administrative officer, the Police Chief and other security departments. Magistrate, the Chairperson Land Tribunal/District Land Board and other local leaders. The maintenance of these relationships is critical, as are those with other government institutions.

All the visits paid to the centre and follow up activities undertaken by the Officer, are documented daily on an Inquiry Sheet. The sheet includes: name and address of visitor, level of education; a thorough recording of the problem, action to be taken; and follow-up steps. Once the visitor has recounted the problem, the officer reiterates what has been written to make sure that the problem it has been captured accurately. If the action taken requires additional appointments, these are noted in a separate ledger.

The Officer submits a Quarterly Report to the Alliance , disseminated to all members, describing the various activities undertaken during the period and also a table listing the number and gender of clients handled, the types and numbers of cases resolved/referred/ongoing and any problems, constraints and challenges that arose, as well as any recommendations.

Given the complexity and breadth of responsibility, the Land Rights Information Centre is housed within the premises of an existing NGO office in order to take advantage of other services which would ease the officer's workload. For example, secretarial support may be requested, or the use of a computer, or other equipment. In addition, working within the broader context of a coalition means that access to the expertise of others, as well as to written material and information, is facilitated.

Another way to delegate responsibility is to enlist the support (preferably voluntary) of any locally-based paralegals. They can provide specialized services (e.g. training, production of brochures and posters), which would be invaluable and time-saving to the Officer, who sees on average 150 visitors per month, many of whom line up at the door two hours before the Centre has opened.

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Budgeting for a Land Rights Information Centre:

Obviously the budget for operating a Land Rights Information Centre is going to vary depending on the country.

• Salary of the Land Desk Officer
• Computer and other accessories
• Preparation of written material
• Organization of sensitization workshops
• Review/evaluation/site visits
• Stationery and supplies
• Rental of a vehicle for field visits if the organization is constrained or only has one vehicle

Because of the collaborative nature of the Alliance as a whole, the expenses are kept to a minimum: physical space is not included in the budget as it is provided by the NGO. The occasional secretarial support provided by the NGO is free.

At the same time, the budget may not permit the allocation of a vehicle to the officer to carry out regular field visits, sometimes as much as 40 km away. The impact is considerable, particularly in terms of time and cost-efficiency. In addition, the media material used for training is limited to the written publications and flipcharts. Videos, overhead projects, slides could provide for more effective training. Cassette players would be useful for recording testimonials.

The advantage of ULA network is that the members are also donors. However, this may be viewed unfavourably when the members, who are also fundraisers, play this double role. The major issue is sustainability. As the Land Rights Information Centres provide free services, funding is always required to keep them going. Ideally this should come, in part, from the government. In spite of the fact that the political will and the government policy on decentralization allows ordinary people to participate in the implementation and monitoring of government project, the government has not yet extended funding to civil society to implement projects. This is an initiative that civil society must take seriously; the Ministry Finance in particular should be lobbied. The Government invites civil society to carry out joint activities, especially on training, as is the case with the Ministry of Water, Lands and Environment and the Uganda Land Alliance, but this is because the Alliance has proved itself and delivers.

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