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Uganda: Land Bill Politicised - Rights Group
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New Vision (Kampala)
22 July 2008
Posted to the web 23 July 2008
Kampala
The Uganda Human Rights Commission (UHRC) has recommended more meaningful consultations to resolve the land issues.
In its annual report, presented to Parliament yesterday, it proposes the creation of an independent commission to coordinate the consultations and develop an over-all land policy rather than the "piecemeal" solutions offered by the new bill.
"The bill has become overly sensitive, politicised and has the potential to polarise people," the report says.
"It is not clear why there is a rush to amend the law when the causes of the unlawful evictions have not been adequately investigated."
While recognising that the proposed bill provides better legal protection against unlawful evictions, the rights group also raises several concerns.
It objects to the involvement of the minister in determining rent, as provided for in the new bill.
"The minister may be perceived as political and biased to make an objective decision."
Instead, it says, rent should be determined by the tenant and the registered owner and, in the event that they fail to agree, by the Land Board.
"The rent should be affordable and tenants should be protected against unreasonable rent levels or rent increases."
Furthermore, UHRC suggests that the period for non-payment be reduced to three months, arguing that "a year is too long to deprive the landlord of rent".
It also questions the eviction process.
"The process of eviction is quite long and will be largely dependent on the effectiveness of the land committees. These committees have failed in the past. What guarantee is there that they will work after the amendment?" It wants the Bill to specify which court will be responsible for issuing the eviction order, which officials will monitor the actual evictions and how they will be identified.
UHCR also wants the idea of 'bona fide occupants' reviewed to ensure that it will not be abused by people who have illegally occupied other peoples' land.
In addition, it wants the bill to provide guidance on how obnoxious tenants who damage property or are involved in environmental degradation should be dealt with.
UHCR considers the sentence for tenants who fail to give the owner the first option of purchase too low, while it finds seven years imprisonment for unlawful eviction too high.
"There should be a distinction in punishment of those who attempt to unlawfully evict and those who actually commit the crime. There should be provision for payment of a fine, especially for those who merely attempt."
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The law, it adds, should also be clear on who has a customary interest in the land. "Customary law is not written down and the bill, if passed, may cause confusion."
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