UGANDA

COMPENDIUM OF CONFLICTS IN UGANDA
The customary land ownership system is most prevalent in northern Uganda (76.1% of
total land area), followed by eastern Uganda (53.7%) and western Uganda (46.65%).
In central Uganda only 0.4% of total land area falls under customary land ownership. 39
Customary land ownership is characterized by local customary regulation of ownership,
use, occupation of and transactions in land. Land is owned in perpetuity. There are
limitations on transfer of land outside the family and clan. As a result, land is normally
handed down through inheritance. Freehold tenure involves the holding of registered
land in perpetuity or for a period less than perpetuity and enables the holder to exercise
full powers of land ownership, i.e. to lease or sell it at will. This system is only applied to
a small percentage of land in the country.
The mailo tenure system is derived from the 1900 Buganda Agreement between the
Kabaka and the British and involves the holding of registered land in perpetuity. At
the same time, it normally distinguishes between ownership of land (by landlords)
and ownership of developments made by lawful or bona fide occupants (the tenants).
Although it is similar to freehold, mailo is subject to the rights of occupiers (known as
kibanja holders), and this often leads to conflict. The kibanja holder has the option to
purchase and thus move on to the mailo property. The Land Act also guarantees statutory
protection to the kibanja holder and his/her successors against any eviction as long as
the prescribed nominal ground rent is paid.
Finally, leasehold is a form of tenure under which a landlord or lessor rents the land
for a period of time. Land rights under this system are derived from a superior title in
exchange for the payment of rent and any other conditions imposed by the terms of the
lease. It is more commonly used in urban areas and more easily accommodates market
demands for land than the other systems. 40
Participants partly attributed the underlying causes of today’s rampant land conflicts in
Uganda to the introduction of foreign land laws that followed from the 1900 Buganda
Agreement. These laws introduced different systems of land tenure in Uganda, and
created ambiguity and great confusion. New British tenure systems introduced
individual as opposed to collective ownership, land became commercialized, and new
land administrative units undermined collective security and land use. As a result
many people have been rendered landless over time, particularly as poorer people
have resorted to selling off their land to wealthier people for survival. Individualized
land holdings have thus created a permanent rift between landowners and landless
occupants.
Around the country, participants called for a review of land laws and policies to protect
the poor and powerless. At the same time, they called for sensitisation of the poor on
land laws, and underlined the need to tackle corruption of politicians, police and judges.
In Kitgum, the new land law that entered into force in 2006 was said to be considered
“obnoxious” because it disregarded traditional practices. In Luwero, it was said that the
mailo land system was confusing, as land is often considered to have been sold, but
39 National Development Plan: 2010/2011 – 2014/2015, Republic of Uganda (2010)
40 Information on the different land systems described in this section is derived from the Uganda Constitution
1995, the Land Act 1998, Cap 227, and ‘Drafting the National Land Policy’ a Public Consultation Document
prepared by the International Development Consultants, September 2008 for the Ministry of Lands,
Housing and Urban Development
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