7 th Capitalization Meeting EU Land Governance Programme

Transcription

1 Pamella Drate - Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ-Uganda) FAO Rome, Italy June, 2018

2 Improvement of Land Governance in Uganda to increase Productivity of Small-Scale Farmers on Private Mailo Land (ILGU) FIT-FOR-PURPOSE USER RIGHTS DOCUMENTATION

3 Background Uganda is a landlocked country Located in East Africa Agriculture-based country Member of the East African Community. Uganda s total land area is 241,559 sq. km out of which 16% is occupied by open water (GOU, 2018). Uganda s population is 34.6 million persons (UBOS, 2016). Current estimate 41million

4 Background Land tenure in Uganda The Uganda Constitution provides for 4 Land tenure systems Freehold Tenure Leasehold Tenure Customary Tenure (mainly in the North of Uganda) Mailo Tenure (Central Uganda)

5 Background Private Mailo Impasse The 27 th Kabaka established a customary system of land ownership. In 1900 all these interests and customs were turned into mailo land - measured in square miles. Created dual rights on the same piece of land (Mailo owners with titles and Tenants no titles) Holder of Mailo title has; Perpetuity; Absolute ownership Transferable, Mortgage /pledge & Title is state guaranteed A tenant in her field.

6 Background Private Mailo Impasse Tenants Tenancies not registered Minority of the tenants either have a signed agreement (not with landlord) or tickets of ground rent. Inheritance - new Mailo owners -land markets - new land owners New land owners view tenants as squatters Non-payment of ground rent versus refusal to accept ground rent

7 Background ILGU Project Approach

8 Progress Awareness Raising Community sensitization commenced in November 2017 Development of EIC materials-illustratetranslated into Luganda Development of a sensitisation manualtranslated to Luganda. Development of a guide to peaceful coexistence on private Mailo-translated into local language-partner LANDNet and MLHUD. Mailo land platform meetings with key stakeholders at national level. Additional 4 sub-counties are prepared with inception meetings.

9 Progress Pilot mapping Makerere University - pilot bibanja rights holders documentation and mapping exercise. The pilot mapping process started January 2018, initially - slow (sporadic) pace - more farmers now calling back the field teams. Display of village maps for validation by community members. Volunteer Student ALC LC1 Total tenancy parcels mapped as of 14/06/18- is 4,387 in two sub counties.

10 Progress Conflict resolution Contracted (UCOBAC); the same as awareness raising. Using paralegals and ALC to conduct on-site mediation. Unresolved disputes to be referred to a mediation committee - further referral to court at the expense of the disputing parties. Nevertheless, parties are encouraged to pursue harmonious co-existence. Sub county mediation committee

11 Progress Conflict resolution Type of land conflict Community misunderstood the project 09 Deprivation of rights (family) 02 Fraudulent claim to land / land grabbing 08 Land boundary dispute 13 Land inheritance dispute 09 Land lord tenant conflict (Busuulu, buy out, squatters) Number 13 CASE STATUS Number Resolved on site 12 Resolved after ADRM (by community paralegals) Referred to sub county mediation committee 04 27

12 Capacity Development Activities Training of Trainers (ToT) for land managers -20 participants ToT Conflict Resolution-RELAPU partners, ALC, DLB chairpersons, UCOBAC, CDOs 15 participants. District level trainings-pilot Land Inventory teams. (16 participants) Training land administration structures (ALC and DLB members)- (10 participants per district). Training in GIS for management of tenancy rights - Cartographers, DLO staff trained at Makerere university- (10 participants). Training inventory teams

13 Challenges Identification of partners with experience on Mailo has been a challenge. Legal reforms in the country Community resistance in some areas. Political interference.- anticipated hiden agenda of project. Long lasting in-family disputes. Integrating the tenancy data into NLIS (Inventory Vs adjudication) Varying mapping technologies (plain table Vs GNSS) make map overlays challenging

14 Challenges Observation of physical planning regulations Vs multiple rights- application on tenancy rights or registered mailo right? Increasing implementation costs as villages recall back the mapping teams Sporadic mapping increases inplementation costs Delayed village map display and LIP distribution High expectations from partners

15 Lessons Learned Involvement of charismatic champions at all levels. According land owners the respect due to them. Avoid long time frames between subsequent project activities as this creates speculation. Continous enagement with partners ie MLHUD, district officials Empasis on harmonious living than the legal framework A charismatic political leader during village map display.

16 Recommendations Involvement of technical and political leadership at all levels for purposes of ownership.

17 Next Steps Land Inventory Protocals- distribution for 4,387 mapped parcels Up-scale project - 8 sub counties MULP at district level Legal Aid Clinics Pilot the CoO process at low scale- Myanzi sub county.

18 Thank you! FAO Rome, Italy June, 2018