LEGAL FRAMEWORK GOVERNING TENURE SECURITY, OVERALL LAND MANAGEMENT & ADMINISTRATION

STRUCTURES AND THE CURRENT/CONTEMPORARY INNOVATIONS OR INTERVENTIONS CONCERNING THE LAND

QUESTION.

A PAPER PRESENTED AT THE KAMPALA LAND MANAGEMENT AND

ADMINISTRATION CONFERENCE ON THE 27TH DAY OF SEPTEMBER,
2023, AT MESTIL HOTEL, KAMPALA

BY: NAOME KABANDA

AG. DIRECTOR LAND MANAGEMENT
MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENT
 PRESENTATION OUTLINE

 Introduction
 Uganda’s demographics
 Definitions, elements and principles of tenure security and
good land governance
 Legal Framework and policies governing tenure security in
Land Administration
 Structures for Land Administration and Management
 Innovations/ Interventions on the land questions in Uganda
 Challenges faced by Land Administration Structures in
Uganda
 Conclusion
DEMOGRAPHICS

 The size of Uganda’s Land is 248,000 square kilometers.

 Currently, the total population of Uganda stands at approximately 48 million people.
 The population growth rate is at 3.2% per annum (one of the highest in the world)
 Women constitute 51% while 48.79% constitute male.
 Population for youth, men and girls
 By the year 2035, Uganda’s population will be over 60> million people with
approximately 18.2 percent of the population urbanized.
 Majority of the population is employed in agriculture.
 Women contribute to over 75% in labor and food productio
DEFINITIONS AND ELEMENTS OF TENURE SECURITY
AND GOOD LAND GOVERNANCE

Tenure security, according to the VGGTs, refers to the assurance and protection of land rights
for individuals and communities.
Involves legal recognition, documentation, and enforcement of these rights to ensure secure
and stable access to and control over land resources.
Key elements of tenure security highlighted by the VGGTs include
 Legal recognition of land rights,
 Protection against arbitrary eviction,
 Non-discrimination in land rights,
 Duration and transferability of land rights, and
 Accessible dispute resolution mechanisms.
By ensuring tenure security, countries can promote social equity, economic development,
and sustainable land management
Tenure security and good land governance cont’d

 Good land governance refers to the effective and equitable management of land resources, (VGGTs).
Key Principles:
1. Legality: Clear and enforceable laws and regulations governing land tenure and use.
2. Accessibility: Equal opportunities for all individuals and communities to access and use land resources.
3. Tenure Security: Legal recognition and protection of land rights for everyone, including marginalized groups.
4. Sustainability: Promotion of responsible and sustainable land use considering environmental, social, and economic factors.
5. Participatory Decision-making: Involvement of all stakeholders in land-related decision-making processes for inclusivity and
transparency.
6. Accountability: Holding responsible parties accountable and establishing effective mechanisms for resolving land-related
disputes.
7. Conflict Resolution: Fair and accessible mechanisms for resolving conflicts related to land tenure and us.
Benefits: Adhering to these principles leads to social stability, economic development, and environmental sustainability.
Policy Principles enshrined in the Constitution for
the management of land

 ART. 237 Land is vested in the Citizens of Uganda

 State guarantees title to land on behalf of the citizenry
 Art 26 … every one has the right to own property and gives exceptions under which
government can acquire land in public interest for defence, public safety, public order,
health, and morality….,
 The Taking must be with compensation prior, promptly and adequately.
 Art 27 right to privacy
 Art. 28 right to a fair hearing in courts of law
 Rights of women in owning of property is equally enshrined in art. 31(2)
 Art.32 affirmative action in favour of marginalised groups
 Art.33 rights of women in treatment and equal opportunities in economic , social and
political activities
Constitutional provisions cont’d

 District Land Boards to hold and allocate land in rust for citizens which is not
owned by anybody or authority (Art. 240-241)
 Uganda land commission responsible for the management of government
land (Art.238-239)
 Art 237 (1)(B) of he constitution vests natural lakes, rivers, wetlands, forest
reserves, game reserves, national parks and any land reserved for ecological
and tourist purposes in the state
 Art.242 Government to regulate the land use
 Art 244 vests petroleum and minerals in government as a trustee on behalf of
the citizens
 Art.243 established land tribunals
 Art.245 preservation and protection of the environment
Policy principles for tenure security in the
administration and management of land

 Reflected clearly in the vision and goal of the NLP

 The vision of the policy is ‘a transformed Ugandan society through optimal use and management of land resources for a prosperous
and industrialized economy with a developed services sector’
 The goal of the National Land Policy is ‘to ensure efficient, equitable and optimal utilization and management of Uganda’s land resources for
poverty reduction, wealth creation and overall socio-economic development’.

 The principles that underpin and guide this national land policy include:


 Equitable access to land for all Citizens of Uganda to hold, own, enjoy, use and develop either individually or in association with others;
 Equity and justice in access to land irrespective of gender, age, disability or any other reason created by history, tradition or custom;
 Effective regulation of land use and land development;
 Optimal land use and sustainable management for economic productivity and commercial competitiveness;
 Transparency and accountability in democratic land governance;
 Reverse the decline in soil and land quality and mitigate environmental effects;
 Acquisition of land by non-citizens;
 Land as the central factor to leveraging other productive sectors.
 UGANDA’S MACRO INSTRUMENTS AND
FRAME WORKS GOVERNING THE LAND
SECTOR.
 The Sector of Lands, Housing and Urban Development is guided by other Macro
instruments and frameworks, namely; Vision 2040, NDP III, NRM Manifesto 2021-2026
and Social Development Goals (SDGs) all of which recognize that secure tenure and
equitable rights to land and natural resources are central to sustainable development and
key to strengthening Uganda’s competitiveness for sustainable wealth creation,
employment, and inclusive growth.
 The instruments represent the impact of public investment on growth through the
implementation of policies that foster efficiency in public investment, increased domestic
revenue mobilization efforts, and maintenance of price stability.
 UGANDA’S MACRO INSTRUMENTS CONT’D.
.
Vision 2040
 A transformed Ugandan Society from a Peasant to a Modern and Prosperous Country within 30 years:” The Vision aims at transforming
Uganda from a predominantly peasant and low-income country to a competitive upper-middle-income country by 2030.
 The Vision points to some key strategies and policy reforms that must take place to achieve the aspirations and improve the national economy-
key among these is “make land reforms to facilitate the faster acquisition of land for planned urbanization, infrastructure development, and
agricultural commercialization among other developments.
 The Vision further states that: “Land as a factor of production, is a critical resource for transformation through various business venues and
provision of public utilities.” the vision makes a serious commitment that “to ensure that land ownership facilitates development, Government
needs to roll out a systematic land demarcation and survey of the entire country over the Vision period.

The National Development Plan III

 The National Development Plan III seeks “to increase household incomes and improve quality of life of Ugandans through strengthening
Uganda’s competitiveness for sustainable wealth creation, employment, and inclusive growth of the lives of Ugandans”
 The NDP III emphasizes that land is the main facilitative resource for orderly urbanization, commercial agriculture, access to land for
investment and infrastructure development, acquisition of surface rights to support sub-surface extraction of minerals, oil, and gas.
 Role of Land Sector in National
Development
 Land Sector to facilitate reforms outlined within the framework of the Constitution 1995 and National Land Policy
2013 (NLP) whose goal is to;
 Ensure efficient , equitable, and optimal utilization and management of Uganda’s land resources for poverty
reduction, wealth creation and overall social economic development.
 Re-engineering land administration towards having an efficient and effective land delivery system for poverty
reduction
 Restructuring the land rights administration system to enhance efficiency, ease of access and cost effectiveness
 To Promote and facilitate the Registration of customary land through designing and implementing the land registry
for customary land.
 To promote the land rights for women ownership of land through legislation ( right to inheritance and succession)
 Promote Alternative Dispute Resolution(ADR) as a mechanism for dispute resolution.
 Provide for faster acquisition of land for Government projects and infrastructure development.
 Access to investment.
 Role of land sector cont’d

 Restructure the land rights administration system to enhance

efficiency, ease of access and cost effectiveness.
 Introduce modern technology I land rights management
including computerisation of all land registries.
 Review all land related laws.
 Sensitization and awareness creation on land rights.\
 Integrate Land use and physical planning into land
administration.
 Protection of the environment and sensitive eco-systems and
ensure that they are integrated into the land management.
 Enhance revenue generation in the land sector.
 Role of Land sector cont’d

The NRM Manifesto 2021-2026

 The NRM manifesto recognises that land is the biggest factor of production for most Ugandans and as such must have
significant securities and guarantees for use, access and ownership.
 The Manifesto states that Government is mindful of the need to address urbanization and physical planning for the
mushrooming unplanned urban centers to address the increasing urban sprawl.
 The NRM Manifesto 2021-2026 aims to take Uganda into modernity through job creation and inclusive development..
 LEGAL AND POLCY FRAME WORK IN THE LAND SECTOR

POLICY LAWS REGULATION/ GUIDELINES

•The National Land Policy2013 (under review) •1995 Constitution of Uganda •Land Regulations 2004
•Oil and Gas 2018 •Land Act Cap 227 (as amended) •Physical Planning Standards and Guidelines 2011
•National Land Use Policy 2007(under review) •Physical Planning Act 2010 •Land Administration guidelines 2005
•Gender Strategy •Registration of Titles Act Cap230 •Physical Planning Standard 2011
•Fit-for –Purpose Strategy 2019 •Land Acquisition Act cap 226 (under review ) •Land Eviction Guidelines 2019
•Urban Policy •Mortgage Act 2009 •Public Finance Management Guidelines
•Draft Land Acquisition, Resettlement and •Survey Act Cap 232(under Review) •Frame work Guidelines on Oil and Gas
Rehabilitation Policy • Petroleum( Exploration, Development and Production) Act 2013 •World Bank guidelines on land acquisition
•Condominium Property Act 2001
•Registration of Titles Act (Under Review)
•Succession Amendment Act 2022
•Surveyors Registration Act
•The Administrator General’s Act Cap 157 (as amended)
•Public Finance Management Act

•Proposed New laws

•Valuation law
•Uganda Land Commission Law
•Real Estate law
 OTHER GLOBAL FRAMEWORKS/POLICIES /AGENDAS
Objective: to promote and acceralate reforms of the land sector by fostering global, regional and
National discourse on responsible land governance and transformative land policies.

Objective 2: Institutionalise inclusive, gender-responsive and fit for purpose land tools to scale up tenure
security interventions.

Objective 3: Share and develop capacities, knowledge, research and resources on land tenure security.

Objective 4: Promote transparency and accountability, access on land use and land resources especially
youth and vulnerable especially women.

Objective 5: Promote access to land justice through Alternative Dispute Resolution mechanisms
Sustainable Development Goals (SDGs)

Frame Works and Guidelines on Land Policy In Africa

Voluntary Guidelines on the Responsible Governance of Tenure (VGGTs)

New Urban Agenda (Smart Cities )

 Land reforms under the National Land Policy

Institutional Reforms Districts

Creation of 22 Ministry Zonal offices for Wakiso (Busiro and Kyadondo), Kampala, Mpigi , Arua, Mbale, Gulu,
registration of land services. Masaka, Mityana, Lira, Arua, Kabale, Mbarara, Kibale, Moroto, Mukono,
Fortportal, Jinja, Soroti, Bukalasa.
Computerisation of the Land Registry through
Uganda National Land Information System.
Programmes
Systematic land Adjudication and Kabale, Kamwenge, Kisoro, Iganga among others
Demarcation (SLAAC)
Issuance of certificates of customary Adjumani, Lira, Soroti, Katakwi, Yumbe, Padel
ownership and Communal Land Associations
Issuance of Certificates of Occupancy Mityana, Mubende and Kassanda
 Structures for Land Administration
and Management in Uganda
The 1995 Constitution and 1998 Land Act ushered in a new regime of Land Administration in Uganda through introduction of a number
of land management institutions.
The institutions introduced included;
 Ministry of Lands, Housing and Urban Development overall mandate Policy and overseeing the management of land at all levels
 22 Ministry Zonal Offices in the districts of Kampala, Mukono, Jinja, Tororo, Mbale, Soroti, Moroto, Kyadondo, Busiro, Mityana,
Bukalaasa, Rukungiri, Masaka, Mbarara, Masindi, Gulu, Arua, Lira, Kabarole, Kibale, Mpigi and Kabale.
 Uganda Land Commission for management of government land,
 National Physical Planning Board,
 District Land Board & City Land Board charged with the management of land not owned by anybody at district and land formerly
held by former vesting bodies,
 District Land Office
 District Land Tribunals however their jurisdiction was transferred Magistrate Courts
 District Physical Planning Committees,
 Subcounty Physical Planning Committees
 Area Land Committees ascertaining boundaries,
 Office of Recorder
MLHUD ORGANOGRAM

DPP’S
DLBSBoards
District land
District Physical planning Area Land Committees
SPPC ALC’S
Committees
 Structures for Land Administration and Management in
Uganda Cont’d
Administrative level Institution Roles/ functions
National level Ministry of Lands,  Vision “Sustainable Land Use, Land Tenure Security, Affordable, Decent Housing, and Organized Urban
Housing and Urban Development. “
Development  Mission “To ensure Sustainable Land Management, Orderly Development and Adequate Housing for
(MLHUD) all”.
 Mandate: “to ensure rational and sustainable use, effective management of land and orderly development
of urban and rural areas as well as safe, planned and adequate housing for socio-economic development”.
(Lands, Housing And Urban Development, Sector Development Plan, 2020/21 – 2024/25)
Uganda Land  To hold and manage any land in Uganda and abroad which is vested in or acquired by the Government in
Commission (Article  To hold and manage any land acquired by the Government abroad, except that the
238 and Section 49  Procure certificates of title for any land vested in or acquired by the Government;
Land Act)
National Physical  To develop both the national and regional physical development plan for the country’s orderly
Planning Board 2020. sustainable development
(Section 6 of the
Physical Planning Act
2020)
District Level District Land Boards  Hold and allocate land in the district which doesn’t belong to any person or authority,
(DLBs). (Article 240  Facilitate the registration and transfer of interests in land
and Section 59 Land  Take over the role of the lessor on land leased by former controlling authorities;
Act)  Cause surveys, plans, maps, drawings and estimates to be made by or through its officers or agents;
 Compile and maintain a list of compensation rates of crops and non permanent buildings, and;
 Structures for Land Administration and Management in
Uganda Cont’d

Administrative level Institution Roles/ functions

Sub County Area Land  The Committee assists the District Land Board in an advisory capacity,
Level Committees(See  Carrying out inspection and issuing inspection reports
Section 65, 66 and  The Area Land Committee may act as a Mediator.
67 of the Land Act)
Office of the  The office of the Recorder is established at every sub county, each gazette area and
Recorder (See each division in the case of a city.
Section 68 of the  In a rural area, the sub county chief is the Recorder;
Land Act)  In a gazetted urban area, the town clerk is the Recorder; and.
 In a division of a city, the assistant town clerk in charge of the division is the
Recorder
 The Recorder is responsible for keeping records relating to certificates of customary
ownership
 and certificates of occupancy,
 Innovations/ Interventions on the land question in Uganda.

Land Questions Government Interventions

Mainstreaming gender in  Ensured that At least ⅓ of membership on all Land Management Institutions should be women (ULC,DLB
land administration and ALC).
 Ensured that Communal Land Association should have at least one-third women representation as members of
the Association.
 Issued land titles in names of women to ease access to finance from financial institutions.
 Carried out sensitization and awareness creation on the importance of registration of land by women.
 Developed the Gender Strategy on Land.
Review, re-engineering, and  Established the Land Information System (LIS) in the 22 Ministry Zonal Offices to bring land registration
computerizing of SOP in services closer to the public.
land administration  Rehabilitation and digitization of land records and cadastral maps
 Established a one-stop center and public portals to ease access to land related information by the public.
 Integrated land information with other user departments like URA, NITAU, Administrator General Office,
NIRA to ease and boost revenue collection by government.
 Innovations or interventions on the land question in Uganda Cont’d.
SOPs in Land Administration Government Interventions
Systematic Registration of Land.  Adopted Fit for Purpose strategies like Systematic Land Adjudication and Certification (SLAAC) program to
issue freehold titles in rural areas in the district of;
i. Rwampala,
ii. Oyam, and;
iii. Kamwenge
 Put in place the Fit for Purpose Land Administration approaches to reduce the cost of survey and registration.
 Carried out mass public and awareness creation of the public on the importance of registration of land rights in
rural areas.
 Issued out Certificates of Customary Ownership in the districts of Apac, Butaleja, Terego among others.

Managing land disputes and the  Put in place measures to resolve overlapping rights on Mailo land (Landlord- tenant) through developing and
rampant land evictions implementing the four (4) options these include;
i. Capitalized the land fund interests of a landlord on tenanted land.
ii. Buy-out option where a tenant agree to buy his or her interests on land from the landlord.
iii. Lease option where a landlord agree to lease out the land to a tenant.
iv. Land sharing where a landlord agrees to share land with tenant who in turn acquires a Certificate of Title.
 Issued out Certificates of Occupancy in the districts of Mubende, Kasanda, Lyantode and Mityana.
 Put in place the Constitutional (Land Eviction) (Practice) Directions 2021to regulate all evictions on land.
 Established the Dispute Resolution Desk in MLHUD with the mandate to hold public hearings and resolve
disputes
 Innovations or interventions on the land question in Uganda
Cont’d.
SOPs in Land Administration Government Interventions
Systematic Registration of Land.  Adopted Fit for Purpose strategies like Systematic Land Adjudication and Certification (SLAAC) program
to issue freehold titles in rural areas in the district of;
i. Rwampala,
ii. Oyam, and;
iii. Kamwenge
 Put in place the Fit for Purpose Land Administration approaches to reduce the cost of survey and
registration.
 Carried out mass public and awareness creation of the public on the importance of registration of land
rights in rural areas.
 Issued out Certificates of Customary Ownership in the districts of Apac, Butaleja, Terego among others.

Managing land disputes and the  Put in place measures to resolve overlapping rights on Mailo land (Landlord- tenant) through developing
rampant land evictions and implementing the four (4) options these include;
i. Capitalized the land fund interests of a landlord on tenanted land.
ii. Buy-out option where a tenant agree to buy his or her interests on land from the landlord.
iii. Lease option where a landlord agree to lease out the land to a tenant.
iv. Land sharing where a landlord agrees to share land with tenant who in turn acquires a Certificate of Title.
 Issued out Certificates of Occupancy in the districts of Mubende, Kasanda, Lyantode and Mityana.
 Put in place the Constitutional (Land Eviction) (Practice) Directions 2021to regulate all evictions on land.
 Established the Dispute Resolution Desk in MLHUD with the mandate to hold public hearings and resolve
disputes
Challenges faced by the Land Administration Structures
District and City Land Boards
 The Land they manage isn’t fully defined. The law provides for land not owned by any person or authority.
 No retainer fees unlike other constitutional bodies & only attract allowances which are very inadequate.
 Appointment is political which can be seen as biased.
 Qualifications UCE and membership is non professional as opposed to PPC whose management is purely professional.
 Allowances not prioritised by council so very few sittings and backlog of applications.
 Allocation of land in Freehold in cities (What is the best way to manage urban land)
 What about condominium properties? Shouldn’t there be regulation of the development of condominium properties
 Extension and renewal of leases. Should this be automatic for the sitting tenant or applications should be made?
District Land Tribunals
 shelved by judiciary and their jurisdiction moved Grade1 Magistrate Courts through the Practice Direction No. 1 of 2006. This has led to case
backlog due to formal and bureaucratic nature of the formal justice system.
 Increased incidences of fora shopping with complainants reporting land disputes to the RDCs who in some instances don’t handle them
conclusively.
 ADR which is the alternative to the formal justice system isn’t very effective due to lack of a comprehensive policy. (Kenya has approved
ADR policy as part of their dispute resolution system)
 Challenges faced by the Land Administration
Structures

Physical Planning Committees

This is an integral part of land administration after the amendment that declared the whole of Uganda as a planning
area. (DPPC and SPPC) However they face the following Challenges;
 Most urban areas do not have Physical Development Plans.
 Plans not accompanied with opening of roads and other infrastructures like utility corridors.
 The recent creation of cities with out adequate funding for infrastructure development.
 Compensation of PAPs in urban areas leads to delays in project implementation.
 No clear program for slum upgrading in cities
 Promotion of greening of cities for clean environment
 Costing of the implementation of the approved the NPDP 2024.
 Challenges in approvals of building plans creating mushrooming structures.
Area Land Committees
 Law provides that the applicant facilitates the process which breeds corruption amongst members.
 No set qualification on membership of the Committees.
 Conclusion

Whereas there are legal, policy and regulatory frameworks for the administration and
management of land for the promotion and protection of tenure security, the implementation
frameworks continue to face many challenges/gaps as illustrated above in terms of human
resource, finances, ICT and technology which need to be addressed for efficiency at all levels
for proper management of land resources.
 THE END
THANK YOU

PRESENTATION MADE AT THE TRAINING OF THE TRAINER’S COURSE FOR LAND MANAGERS AT SOROTI HOTEL
BY AG. DIRECTOR LAND MANAGEMENT
NAOME KABANDA