From Trocaire: Research on Land Related Issues in Acholi, Uganda (September 2018)

uganda

(Tobias Eigen) #1

Received by email from Ian Dolan, Trocaire Uganda.

Dear @rachaelknight et al,

Greetings from Uganda and thank you for the useful information you have been sharing with us.

I am forwarding links and summary information in relation to our land research here in Uganda.

See attached a document comprising abstracts of research documents (with links to the full reports) on land related issues in Acholi (with wider implications) prepared by Trócaire in conjunction with the Joint Acholi Sub regional Leaders Forum (JASLF) with support from DGF under the recently concluded initiative Piloting the Protection of Rights to Customary Land Ownership in Acholiland. Aspects of the research may be of interest to you and/or other land focused colleagues as there are pieces on Land Administration capacity, Women, Youth, PWDs, Inclusive Business models etc. Please share more widely with your colleagues, networks and donors interested in this work if you think relevant.

See below a list of the titles in summary.

Best regards,

Ian

Resource Files:

Abstracts to Phase I and Phase II Research Reports (pdf)

1. Piloting the Protection of Rights to Customary Land Ownership in Acholiland (pdf)

2. International Legal Precedents on Protection of Rights to Customary Land Tenure (pdf)

3. Legal Opinion on Existing Tenure Options for Protection of Customary Land Owners (pdf)

4. Re-draft of the text document of the Principles and Practices, Rules and Regulation (PPRR) of Customary Tenure in Acholi Land by Ker Kwaro. (pdf)

5. A Step-By-Step Guide on Land Dispute Resolution Mechanisms in Northern Uganda (pdf)

6. The Step by Step Guide to Customary Land Registration in Uganda; Easy Steps to secure your land (pdf)

7. An Assessment on Enhancing Awareness of Land Rights of the Youth in Acholi Sub Region Uganda (pdf)

8. Enhancing Awareness of Land Rights of Persons With Disabilities (PWDs) In Acholi-Land (pdf)

9. The Protection of Rights to Customary Land Ownership in Acholi Region: The Case of Youth in Acholi (pdf)

10. Instituting Protection of Persons With Disabilities (PWDs) Rights to Customary Land Ownership in Acholi land (pdf)

11. Nowhere Else To Go. Amplifying the voices of Women across the Customary Land System of Acholi Sub-region, Northern Uganda- A gender perspective (pdf)

12. Development of Inclusive Business Models (IBM) for leveraging investments and development in Acholi sub-region - Report (pdf)

13. Development of Inclusive Business Models (IBM) for leveraging investments and development in Acholi sub-region- USER GUIDE (pdf)

14. Report on the Assessment of the Capacity (staffing, management, financing and functionality) and Practices of the Government Land Registration System in Acholi sub region (And Consultation with CSOs and MLUHD) (pdf)

15. Phase II Research Instituting the Protection of Rights to Customary Land Ownership in Acholiland (pdf)

Trocaire Logo\ 200x71 Ian Dolan - Country Director Trócaire, Kampala, Uganda. www.trocaire.org

DGF Phase 1 and 2 Research Report Links

Phase 1 Research Report links

1. “Piloting the Protection of Rights to Customary Land Ownership in Acholiland”:

This report, based on an intensive locally-grounded field research, presents a nuanced and evidenced-based documentation of how Acholi customary communal land is organized, managed and administered, by and for whom, in seven(7) selected traditional Chiefdoms, one in each (then) district of the sub-region and 46 clans within the seven chiefdoms. Rural land in Acholiland remains overwhelmingly customary, kin-based communal land vested in, organized, and managed by patrilineal clans or sections of clans, with provisions to accommodate outsiders of various categories to share in the use of the land. The main goal of the research was to better understand, not only the core principles and practices of Acholi customary communal land tenure, but the complex local-level variations that exist across the sub-region, for the purpose of enhancing the protection and security of customary land rights and land use for both individuals and communities. The researched was commissioned by the Joint Acholi Sub-regional Leader’s Forum as part of an attempt to find lasting solutions to the numerous land-related problems and challenges following the return of the mainly Acholi rural population to pre-displacement land after the long conflict.

https://www.trocaire.org/sites/default/files/resources/policy/phase_i_research_report_-_piloting_the_protection_of_rights_to_customary_land_ownership_in_acholiland_final_report.pdf

2. “International Legal Precedents on Protection of Rights to Customary Land Tenure”.

This report presents the findings of a review of international legal precedents on the protection of the right to customary land tenure. These study was conducted in comparison to countries like Australia, Nigeria, Kenya, Ghana, South Africa, Botswana, Namibia, Mozambique and Tanzania who have similar land holding systems and how they manage it. There is much learning to be gleaned from such a comparative study. In addition, it presents recommendations for both the government of Uganda and other key stakeholders on why and how customary land tenure as practiced by certain communities in Uganda, especially the Acholi in Northern Uganda, may be protected as a collective and individual right to property. The report also recommend advocacy points for government and other stakeholders involved or mandated to uphold customary land tenure and also make recommendations for the Acholi customary land project. https://www.trocaire.org/sites/default/files/resources/policy/arcadia_report_on_international_legal_precedents_on_the_protection_on_the_right_to_customary_tenure_.pdf

3. “Legal Opinion on Existing Tenure Options for Protection of Customary Land Owners”.

This report, carried out by a legal practice, looked more specifically into the existing tenure options under Uganda’s law and in particular explored alternatives such as certificates of customary ownership (CCO), communal land associations (CLA) and land trusts (LT) on the protection of customary rights and how the same can be used to secure the customary land rights of land owners in Acholiland. The report highly recommend that land trusts were the most viable legal option for protection of customary land rights under the current legal regime.

https://www.trocaire.org/sites/default/files/resources/policy/a_legal_opinion_piloting_the_protection_of_rights_to_customary_land_ownership_in_acholi_land.pdf

4. Re-draft of the text document of the Principles and Practices, Rules and Regulation (PPRR) of Customary Tenure in Acholi Land by Ker Kwaro.

This document, done by a legal practitioner with support from community experts, is a redraft of the PPRR for Acholi based on the review of the documents developed by Ker Kwaro Acholi. It offers Principles to guide the general interpretation, application, management and administration of Acholi Customary Land System and updates and revises and improves the earlier Principles and Practices Rules and Regulations of Customary Tenure in Acholi land from 2008. In reviewing the document, issues around clarity, wording, organization and content among others were considered and improvements were made to the original text of the document.

https://www.trocaire.org/sites/default/files/resources/policy/piloting_the_protection_of_rights_to_customary_land_ownership_in_acholi_land.pdf

5. A Step-By-Step Guide on Land Dispute Resolution Mechanisms in Acholi, Northern Uganda

A land rights and dispute resolution guide was developed through consultation and engagement with cultural, traditional and opinion leaders and elders knowledgeable on the Acholi traditional justice system. This guide is intended to facilitate processes of land dispute resolution within communities, and to reduce the burden on communities having to refer to a challenging and slow-moving justice system, with the realization that many land boundary disputes can be handled through clan leaders at local level. The guide covers land dispute resolution mechanisms, such as poro lok, riyo tal (Acholi traditional mechanism), litigation, arbitration, conciliation and mediation in the alternative dispute resolution mechanism instituted by the Justice Law and order sector. The guide recommends the use of the traditional Acholi land dispute resolution mechanisms like poro lok and riyo tal as the first line option to solving the numerous land disputes in Acholi. Cases should only be referred to the ADR mechanism as a second option. The guide helps to inform the choice of a cheaper, quicker, more effective and more accessible forum and mechanism for land dispute resolution in Acholi sub region for contending parties.

https://www.trocaire.org/sites/default/files/resources/policy/180418_final_report_step_by_step_guide_to_land_conflict_resolution_in_acholi.pdf

6. “The Step by Step Guide to Customary Land Registration in Uganda; Easy Steps to secure your land”.

This step by step guide to customary land registration seeks to offer a quick guide on the different ways of registration of customary land and the processes involved in each of the registration methods available to customary land tenure. The methods of land registration outlined in this guide include steps and processes to acquire/obtain a Certificate of Customary Ownership (CCO), Communal Land Association (CLA) and Land Trust (LT)

https://www.trocaire.org/sites/default/files/resources/policy/180419_the_step_by_step_guide_to_customary_land_registration_in_uganda.pdf

7. “An Assessment on Enhancing Awareness of Land Rights of the Youth in Acholi Sub Region- Uganda” ” A Research Presented at the Northern Uganda Land Platform (NULP)

Land rights of the youth are often overlooked and their role in decision making processes hardly recognised. This vulnerable group are frequently denied their land rights or have very limited rights. These include denial of access to land and people trespassing onto their land due to their vulnerability. The study - Identified barriers to the inclusion of youth and persons with disability in the attainment of their land rights; Generated findings that inform CSOs, the Government and key community personnel how to include youth and disabled persons’ land rights in their agenda; Provided concrete recommendations that enhance awareness of land rights of the youth and persons with disability. The study investigated the extent to which the land rights of the youth are protected; the specific aspects hindering ownership, control and utilization of land for the youth and identified key institutions and their roles in enhancing the land rights of the youth

https://www.trocaire.org/sites/default/files/resources/policy/180305_final_report_youth_and_land_rights_-nulp.pdf

8. “Enhancing Awareness of Land Rights of Persons With Disabilities (PWDs) In Acholi-Land” A Research Presented at the Northern Uganda Land Platform (NULP)

Land and other resources in Africa are increasingly governed by modern systems of tenure and less by customary systems. Unfortunately, changing land use and land ownership patterns have not always been accompanied by appropriate reforms in policies, laws, and institutions. Africa must ensure that the current wave of land reform initiatives, which often coincide with political and economic reforms emanating from democratization, help to establish needed changes in land rights as well as legal and institutional frameworks. This research provided information on land and the most marginalized to stimulate discussion and debate amongst the key stakeholders at the NULP- June 2017. The research identified key issues affecting inclusion of People with a Disability in the attainment of their land rights; generated findings to inform key stakeholders of critical issues on People with a Disability and land rights agenda and provided concrete recommendations to enhance awareness of land rights of People with a Disability.

https://www.trocaire.org/sites/default/files/resources/policy/180116_final_report_pwds_and_land_rights_-_nulp.pdf

9. “The Protection of Rights to Customary Land Ownership in Acholi Region: The Case of Youth in Acholi”

The report presents field based findings of a study that focused on youth understanding and perception of, and participation in the Acholi customary land tenure system. The study sought to explore the level of understanding, participation and involvement of the youth in the access, control, management, and administration of Acholi customary land, and the manner in which the youth participated in the organization, management and administration of customary land in Acholi sub-region.

https://www.trocaire.org/sites/default/files/resources/policy/180108_final_report_youth_and_land_rights_in_acholi_phase_ii_research.pdf

10. “Instituting Protection of Persons With Disabilities (PWDs) Rights to Customary Land Ownership in Acholi land”.

The research focused on Persons with Disabilities as a special interest group in accessing, controlling, owning and managing customary and communal land. Specifically, the research has; - Provided additional information on land rights and persons with disabilities in Acholi land, identified specific aspects hindering the enjoyment of land rights for Persons with disabilities in Acholi land and contributed to strengthening the security of Persons with Disabilities rights on customary and communal land tenure in Acholiland. This research covered such key issues; Access to land by Persons with Disabilities; Land management and utilization by Persons with Disabilities; Involvement of Persons with Disabilities in solving internal land wrangles and recommendations to stakeholders.

https://www.trocaire.org/sites/default/files/resources/policy/180223_final_report_pwds_and_land_rights_in_acholi_phase_ii_reserach_0.pdf

11. “Nowhere Else To Go. Amplifying the voices of Women across the Customary Land System of Acholi Sub-region, Northern Uganda- A gender perspective”

This report seek to amplify the perspectives of special interest groups as primary stakeholders in the effective harmonization of customary and statutory land law. This research captured the typical power relations that exist between different social and economic groups of men and women, and explored how these dynamics affect decisions that are made regarding access to and control over land. By investigating the norms, attitudes, and experiences of special interest groups in isolation, such as rural women from particular chiefdoms, the study amplified critical voices that might otherwise go unnoticed. This study fills a gap in exploring the evolution of traditional law in “actual practice—sometimes discernible through what is contested—rather than historical norms and rehashed stereotypes” regarding women and the most marginalized. It provides information to improve understanding of how indigenous knowledge, practices and value systems may be leveraged in creation of a legal model to sustain rights to land management and ownership for the whole Acholi community—inclusive of women, orphaned youth, and PWDs. The present reality for many such vulnerable individuals and groups is recurring experiences of discriminatory withdrawal of land access over the lifecycle. However this is not inevitable, and may change through deliberate inclusion and the balancing of power and rights.

https://www.trocaire.org/sites/default/files/resources/policy/180214_final_report_women_and_land_in_acholi_phase_ii_reserach.pdf

12. “Development of Inclusive Business Models (IBM) for leveraging investments and development in Acholi sub-region- Report”

The IBM report provides a brief description of the agriculture sector across the Acholi Sub-Region and explores four models currently being implemented in Uganda that strengthen and promote existing best practices for the implementation of IBMs. The report presented three models appropriate for the unique social, political and economic situation in the Acholi Sub-Region with recommendations on how they might best be implemented to develop prominent enterprises comprising cattle, charcoal and shea nut farming that will foster sustainable engagement with vulnerable groups including youth, the elderly, people with disabilities (PWDs) and the resource poor in the context of the Acholi Sub-Region. The second part of the report provides a brief and useful description of the main medium to large scale agricultural enterprises currently operating in the area. This report recommended the Integrated Cooperative Model, the Private Investor Driven Hybrid Model (PIDHM) and proposed as viable enterprises, cattle and charcoal farming, shea nut collection and processing that could be operationalized based on these recommended models. https://www.trocaire.org/sites/default/files/resources/policy/180223_final_report_inclusive_business_models_ibm.pdf

13. Development of Inclusive Business Models (IBM) for leveraging investments and development in Acholi sub-region- USER GUIDE

This user guide to IBM presents two recommended models for the operation of inclusive business models In Northern Uganda. The user guide presents clear steps to the formation and operationalization of the Integrated Cooperative Model (ICM) promoted by Uganda Cooperative Alliance (UCA) and the Private Investor-Driven Hybrid Model (PIDHM) which is a combination of the Processor-Driven Marketing model (PDM) used by Mukwano Industries, the Joseph Initiative (JI) model used by Joseph Initiative and the AFGRI model for leveraging investments and development in the Acholi Sub- region.

https://www.trocaire.org/sites/default/files/resources/policy/180215_final_inclusive_business_models_ibm_user_guide.pdf

14. Report on the Assessment of the Capacity (staffing, management, financing and functionality) and Practices of the Government Land Registration System in Acholi sub region (And Consultation with CSOs and MLUHD)

This document is an assessment of the Capacity (staffing, management, financing and functionality) and Practices of the Government Land Registration System in Acholi sub region. It highlights serious gaps in the system that could hinder land mapping, demarcation and registration in the Acholi sub region. Generally, the research findings showed significant gaps in the capacity and practices of the District land institutions across all eight Acholi Districts. It was noted that financing of the three institutions i.e. DLOs, DLBs and ALCs was insufficient to meet the financial needs of their operations being at least 40% below the estimated budgets. https://www.trocaire.org/sites/default/files/resources/policy/180406_final_report_on_govt_land_registration_sytems_and_practices.pdf

15. Phase II Research Instituting the Protection of Rights to Customary Land Ownership in Acholiland

Phase II Research Instituting the Protection of Rights to Customary Land Ownership in Acholiland: The report is an expansion of the pilot-phase of the project conducted in 2016. The Phase II research conducted from April-June 2017 among 95 clan-based land-holding groups, located in 13 traditional chiefdoms (ker kal) situated across the Acholi sub-region. This essentially doubled the Pilot-phase research sample (46 clans and seven ker kal), resulting in a final project total of 141 researched clans, located in 20 different ker kal, representing over one-third of the 54 recognized chiefdoms in the Acholi cultural institution, extending across 33 of Acholi’s 63 rural sub-counties.

Customary Land Ownership in Acholiland, Uganda - Phase I and Phase II Research Reports | Trócaire


(Rachael Knight) #2

Thank you very much for sending these reports to us! I am always impressed by Trocaire’s work. We will read them with interest and indeed share them with colleagues.



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