Compulsory Land Acquisition and compensation process in Uganda: The role of the District Land Board visa vis the Chief Government valuer (original) (raw)
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Despite the constitutional and legislative guarantee to land in Uganda, customary land tenure seems to suffer from inadequate legal protection, a situation that is analogous to that in the colonial and the immediate post-independence era. This article critically examines the normative content of the constitutional and legislative right to land in Uganda and argues that the customary land right is not adequately protected as the other categories of land tenure, in which land is owned and legally recognised in Uganda. It also serves to illustrate that the inadequate protection of customary land rights is analogous to the situation in the colonial and immediate post-independence era, and that weak customary land rights could be susceptible to the occupants’ deprivation during land grabbing. There is a need to address this situation in order to holistically ensure and promote an effective land governance regime that respects and protect customary land tenure.
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This dissertation investigates the processes which underpin land grabbing, the diverse land grab types, actors involved and their roles in facilitating the expropriation of community land. It also interrogates the agrarian transformations and socioeconomic consequences and the mechanisms employed by the local communities in Amuru district of Northern Uganda to block and resist the expropriation of their land. To achieve these objectives, this study employed a qualitative research design and methodology. The techniques that were used to collect the data are review of secondary data, individual in-depth interviews and focus group discussions. The study revealed that liberalisation of the Ugandan economy reduced the role of the state and subsequently promoted market approaches to land and agrarian reform. Market-led approaches have facilitated the commoditisation and entry of private investment in land and agriculture in Uganda. The dissertation identifies two distinct categories of land grabs in Amuru district. The first category comprises of two cases. One, large-scale land grabbing for commercial agriculture by the Madhvani Group in Lakang village; and two, large-scale land grabbing for conservation purposes by Lake Albert Safaris Limited in Apaa village. The second category encompasses localised small-scale land grabs between and among local communities of Amuru district. I further disaggregated the localised small-scale land grabs into four broad categories which are 'inter and intra-community' as well as 'inter and intra-family' land grabs, with the former encompassing the broader members of the community, while the latter involves members of related families. The actors who are directly and indirectly involved in land grabbing are domestic and foreign investors, the Ugandan state, Uganda Wildlife Authority, local governments, military personnel, the politically connected and rich peasants in Amuru district. Whereas land grabbing in Amuru district has resulted in the accumulation of more land, power and capital for domestic and foreign investors as well as local elites, loss of agrarian livelihood systems, rights to land, cultural heritage, identity, spirituality and belonging, incarceration and loss of lives as well as destruction of property have, in turn, disempowered and marginalised the local communities. A wide range of response mechanisms, including open display of nudity by elderly women, seeking legal redress from statutory courts and traditional authorities, questioning the procedure of land acquisition, acceptance and rejection of widow inheritance have been deployed by the local communities to block and resist the expropriation of their land.
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the issues of who has the right to the land are exclusively discussed such as a bonafide purchaser
Land Rights in the Context of Post War Northern Uganda: The Case of Amuru District, Uganda
2011
This Research Paper is dedicated to my dear parents Mr. Paddy Kitiyo Kamuyeke and Mrs. Esther Chemutai Kitiyo. Thank you Dad and Mum for everything you have done for me. Your love, support and commitment to education have made me who I am today. To my lovely brothers: Isaac, David, Emmanuel and Moses, thank you dears. May God bless you all abundantly. The Research Paper writing process was a remarkable experience through which I have been equipped with knowledge and various skills. I would like to extend my sincere thanks to: God for blessing and guiding me throughout the study programme, and I am certain that he will be with me to the very end. The Royal Netherlands Embassy for granting me the fellowship which enabled me to study at the International Institute of Development Studies. My employer Uganda Human Rights Commission for granting me study leave and supporting me during my studies. My supervisor Doctor Helen Hintjens and second reader Professor Mohamed Salih who guided me from the research paper proposal development process to the conclusion of this paper. I appreciate the insights on various subjects, expertise, professional support and advice which enabled to write this research paper. My Convenor Dr. Jeff Handmaker and all lecturers in the HDS programme for the knowledge and support I gained from you during my study. Various stakeholders who gave me information, sacrificed time for interviews and discussions amidst their busy schedules during my field work study visit in Amuru. They include: the district land offi
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As Uganda prepares for the construction of an oil refinery, there is a need to acquire land both for the building of the refinery and for associated supporting infrastructure like roads. Alongside this lies the Constitutional right not to be deprived of one’s property. Yet the law and policy is flawed; it does not comprehensively provide the procedure and process to follow and does not conform to the Constitution of Uganda of 1995. Worse still, most affected property owners do not understand their rights and the remedial process involved. This policy briefing argues for a fitting legal framework.
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This is the second in a series of land studies for northern Uganda, whose core objective is to inform the Plan for Recovery and Development of Northern Uganda (PRDP) and the National Land Policy. It builds on the work of the first phase conducted in Teso region to present a more quantitative analysis of trends on disputes and claims on land before displacement, during displacement and emerging trends or occurrences on return for Acholi and Lango sub-regions. The key findings in the Teso study are that there is a high level of distrust towards the Central Government’s intentions toward land; customary tenure has evolved and adapted to changing circumstances but remains to be seen as a legitimate form of tenure; there was not a high prevalence of land disputes; the statutory and customary institutional framework for land administration and justice has been severely weakened; and vulnerable groups such as women and children have been marginalized during the return process. However, the Teso region has been one of the most secure regions during the conflict and has experienced very short periods of displacement and as such does not provide a good marker for the situation in the rest of northern Uganda. This is exemplified by the fact that though land conflict prevalence was extremely low in Teso region, it is high in the Lango and Acholi regions. The study is premised on the fact that the issue of land in return (restitution and resettlement) processes has not been adequately dealt with in the National Land Policy and various policies regarding IDP return in Northern Uganda. Land is a critical element in peace building and economic reconstruction in post- conflict situations; relevant issues must be understood and given appropriate priority for stabilization. The PRDP should prioritise the protection of land rights and re-establishment of production relations on land to bridge the poverty gap, which has been widening since 1997, between war-affected areas (northern Uganda) and the rest of the country.