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Uganda: Land Policy Problem a Result of Patronage
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New Vision (Kampala)
OPINION
11 May 2008
Posted to the web 12 May 2008
Juma Okuku
Kampala
THERE has been rising outrage over land give-aways to "investors" almost free of charge. The wanton land give-aways, against wise advice and popular protest, is an expression of the exercise of absolute political power, combined with greed for accumulation by the "new rich".
The amendment to the land law entails giving the government the prerogative to take over land and allocate it for investment.
In addition, the Land Act has never really been implemented. Therefore, the problem is compounded by the politics and overall institutional environment of land administration.
The problem of land give-aways is a result of the exercise of too much power ceded to the President by the legislative amendments. Because the debate on constitutional amendments was focused on the 'Third Term', amendments to the land law, among others, was hardly debated.
The review of the national land policy is supposed to come up with a new land policy. The draft of the review so far does not cover pertinent issues of land tenure and ownership such as land titling and land ceilings.
It does not put limits to arbitrary powers of the Government to take over land for "investment". But the new land policy seeks to expand the scope of the state's power to include acquisition of land for defined investment, physical planning and development purposes.
The solution to arbitrary land give-aways is two-fold. There is need to make a clear definition of the rules that determine who has the powers and under what procedure, to legislate and adjudicate on land matters.
Also, a comprehensive land reform should be implemented countrywide and not just the abolition of mailo land and titling of government land.
The land question is a political and not a technical matter. The possession of land or power over land affairs confers political power to the holders. The rules (institutions) and policies that govern land are determined politically.
Therefore, the rules that determine who has power over land matters are central to the current land bonanza. The possession of absolute power by the President makes this possible. The rules and policies are ignored.
Another problem is rule based on patronage. The 2004 World Bank study of Uganda's political economy titled "The Political Economy of Uganda: The Art of Managing a Donor-Financed Neo-Patrimonial State" noted the prevalence of this rule.
It stated that, "Most fundamentally, the Government is a regime of personal or 'neo-patrimonial rule' - a political system dominated by one individual who maintains his authority through a combination of patronage and selected use of intimidation and force".
Land give-aways are an outcome of the distribution of patronage aimed at the expansion of patronage networks. The purported support for foreign and local private investors is taken as an opportunity for accumulation by the holders of power.
The question of exercise of power over land has to be clearly defined. How can the Executive's prerogative over land be controlled?
A comprehensive land reform policy would cater for land distribution, limits on land ownership and institutional support to farmers.
There must be a national survey of land aimed at resolving the question of land distribution.
There is also need to institute limits on land ownership; how much land can one legally own? The Land Act and the new national land policy do put a ceiling on how much land an individual or company may own.
Titling and land ceilings, though necessary, are not sufficient conditions to enhance the productivity of land. The new national land policy must provide for institutions and support arrangements in terms of financial and technical services - credit and extension services in agriculture and animal husbandry.
Thus, the much-touted Bonna Baggagawale (Prosperity-for-All) programme could have been launched after countrywide titling of land and a clear definition of property rights in land is done. Land could then be used as collateral to access the credit.
Otherwise, Bonna Baggagawale shall be seen as Entandikwa - a donation by the Government. Since the issue of land give-aways and evictions is defined by exercise of power and prevalence of patronage politics, we need the institution of mechanisms to tame and control the exercise of those powers.
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The writer is a lecturer of Political Economy at Makerere University
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