Post-conflict northern Uganda has witnessed an increase in disputes over land. This has, to a great extent, been as a result of the armed conflict and its aftermath. Beyond that, other chaotic factors embedded in various social, legal, economic, and political aspects of this society have influenced the nature, gravity, and dynamics of these disputes and the way in which Traditional Institutions and the Local Council Courts have attempted to resolve them.

Uganda’s northern region was traditionally inhabited by communities with predominantly pastoral lifestyles. As the country began developing administrative structures in the region, most clans found themselves settled into agro-pastoral communities. The elders found it imperative to demarcate areas of land to fit different uses, with areas for family settlement and cultivation clearly separated from other areas for communal use. Land was either demarcated by the leaders of a particular settlement or by the dominant clan for the benefit of everyone else in that area.

Northern Uganda is the scene of one of the world’s most volatile and spontaneous processes of reintegration. There are approximately 1.1 to 1.4 million people in the Acholi sub-region at the time of writing3 ; 295,000 internally-displaced persons (IDPs) remain displaced either in IDP camps or transit sites. Approximately 800,000 Acholis have already left the camps and spontaneously returned home over the last three years.

This paper examines the evolution and the nature of the current forms of land tenure in Masindi District and the extent to which these forms impair or facilitate positive socio-economic changes. Such an examination is vital in light of the fact that there exists no convincing empirically grounded studies on the impact of the official land policies on the relationships between forms of land tenure, social structure and agricultural production.

Land is a natural resource that is limited and finite but with immense commercial (as an asset and factor of production), social-cultural, spiritual and aesthetic value. On the other hand, a family particularly in the context of Uganda is a fluid social construct deriving its strict definition from a particular social-cultural context. Land and family conflicts have been shown by various studies 1 to be the most prevalent form of livelihoods disruption to many households’ and individuals.

Over 80% of all land in Uganda is held under unregistered ‘customary tenure’. This means that it is private property, but the owners need no documents to prove ownership. Their claims to the land, and the boundaries of the land, are locally recognised, and this recognition is given the full protection of State law.

Food security in Uganda relies mainly on access to land and security of tenure. Land governance is marked by the contradiction between relatively progressive legislation and only partial implementation. Institutions that have to deal with land administration and land disputes, such as customary authority systems, local government, and special courts for land justice, have weakened in the last years. Women’s position with respect to land and inheritance also remains weak, both legally and in practice, undermining their livelihoods and status in society.

In northern Uganda, common grazing lands are central to village life. While nominally used for grazing livestock, communities also depend on their grazing lands to collect basic household necessities such as fuel, water, food, building materials for their homes, and traditional medicines. Yet growing population density, increasing land scarcity, weak rule of law, and the 1998 Land Act’s legalization of a land market have created a situation of intense competition for land in northern Uganda.

This guide has been written as an information resource for government officials, community leaders, humanitarian aid workers, judges, lawyers and others whose responsibilities include upholding land and property rights in Uganda. It outlines the main provisions of Uganda’s constitutional and legal framework and the protection these provide to property rights. It briefly outlines the historical background to existing land tenure relations, describes the constitutional provisions relating to land in the 1995 Constitution and sets out the main provisions of the Land Act 1998.

The Uganda National Land Policy (NLP) Implementation Action Plan is a deliberate resolution by the Government of Uganda to address major challenges that have hindered the implementation of land reforms, thereby impeding the optimal utilisation of land for socio-economic development and transformation. Although successive post-independence governments have made numerous efforts to streamline land governance and reconfigure the role of land in national development, the majority of these efforts have failed to address underlying issues and have thus remained unimplemented to date.

An Act to provide for measures to curb organized attempts to grab lands whether belonging to the Government, wakf or the Hindu Religious Institutions and Charitable Endowments, local authorities or other statutory or non-statutory bodies owned or controlled or managed by the Government.

This working paper looks at the new Land Acquisition Rehabilitation and Resettlement (LARR) Bill, 2011 and explores key issues within the text of the Bill and the larger political context of land acquisition in India.