Kampala — The term "land reform" is unpopular in Uganda because it connotes to many people the idea of land-grabbing. Unless we get rid of this xenophobia against change we shall permanently left behind in this age of globalisation.

Land is an asset for economic growth, social development and poverty alleviation and as such the terms upon which it is held, used and transferred have a great impact on a country's economic development which in many ways is dictated by global demands and realities.

People's attitude toward land and its purposes affect a country's economic development. Some people value land as an investment opportunity, others as a safety net and yet others as central to their cultural identity.

Naturally, these attitudes evolve or change according to the realities of the times. For example, 30 years ago when globalisation was in its infancy, it was still alright for us in Africa to regard land as a cultural commodity to be governed by ancestral rules but today it is imprudent to still think that we can be guided by rules which were designed during the pre-industrial age.

It is therefore imperative that we start grappling with the issue of reforming our land practices and the traditions associated with them before it is too late. In doing this we should not make the mistake of thinking that we are the first ones to do so.

Debate about the role of property rights in land has been around since the birth in Europe of the market economy in the 18th century and today land reform is considered as a pre-condition for economic take- offin developing countries.

Most of the major donor organisations and countries have produced well-researched studies on land reform which they use as parameters for the aid they give to a country. Such studies include the World Bank 2003 document entitled "Land Policies for Growth and Poverty Reduction: A World Bank Policy Research Paper" which is the blueprint for the bank in these matters.

In the same year the British Department for International Development published its "Better Livelihoods for Poor People: The Role of Land Reform" while GTZ, a German government organisation came out with its "Land Tenure in Development Cooperation". The International Land Coalition associated with the International Fund for Agricultural Development produced its land reform platform in "Towards a Common Platform on Access to Land".

This list which is not exhaustive shows that land reform is not just a local phenomenon whose intention is to steal people's land but is intended to bring our countries within the worldwide development paradigm.

Properly understood, land reform means two things namely a good land policy and reform of the law relating to land. The purpose of land reform statements is to provide guidance for law reform whereas the law relating to land serves as a tool for implementing the land policies. In this regard the reform should deal with land rights and obligations, its use and terms for land transactions.

Attempts to address these issues have faultered because they were not preceded by sufficient consultations with stakeholders. Due to the realities obtaining at the time, the 1995 constitution introduced reforms in the law without first putting in place a land policy which enjoyed a wide consensus of the people.

It will be recalled that in 1975 the military regime through the Land Reform Decree abolished the then existing land systems and vested all the land in the government which could give out 99 year leases. This was easier said than done in the case of mailo land which had been individualised into registrable tenures for a long time. The constitution tried to address legal situations created by the decree without first studying the social implications.

In order to address the legal problems resulting from the Land Reform Decree the constitution did two things. First it reintroduced the four systems of land tenure which had been abolished in 1975 namely mailo land, freehold, leasehold and customary tenures. Secondly, the constitution directed parliament within two years to introduce a law governing the relationship between land owners and occupiers of land. As it so happened the law preceded the development of a land policy acceptable to all the affected.

As a result more problems have arisen in the implementation of the new law. There is an urgent need to get out of the present quagmire through identification of the true stakeholders both of mailo and customary systems and work out solutions with their involvement. In particular four areas should be addressed in this way. These are:

lIn the case of customary tenure consideration should be given to the creation of new rights through individualisation of customary tenures. A decision should be reached in consultation with stakeholders on whether titles should be conferred on individuals, on households or the head of the household as representative of other household members.

lAn exercise should be undertaken in cleaning the mailo register at the land office of all fraudulent titles. In order to avoid social upheaval, mailo land owners whose land has been developed through fraudulent title deeds should be helped to reach an amicable solution with illegal settlers.

The legal framework should be improved to enable women access land more easily. A proper system should be devised to govern intra-household allocations of land covering areas such as inheritance, divorce and being widowed.

In the area of land administration, an attempt to rationalise the system of land registration should be made. Secondly, a system of arbitration of disputes which is less cumbersome is needed. Thirdly, ways of registering communal land should be devised.

In order to make the above exercise worthwhile, the process should be sequenced with the participation of the stakeholders at every stage. These stages should include identification of the problems, development of policy responses, preparation of policy documents and their endorsement, assessment of existing laws in relation to new policy directions and drafting of the law and its public discussion before enactment.

Since these areas are of a technical nature, landowners should organise themselves into recognised fora and traditional and cultural institutions should be involved in the exercise. In addition to the points raised above, the new law proposed by the government should address the issues which were left hanging in the constitution.

For example the constitution vests land in the citizens of Uganda in accordance with the land tenure systems provided for in the constitution. Article 241 of the constitution authorises district land boards to allocate land which is not owned by any person or authority. The land boards are given power to allocate land they do not own themselves.

Since leases are granted from a head title the issue arises as to whom the land reverts at the end of the term granted. This problem applies most to the so-called 9000 square miles in Buganda and it can be solved by the law providing for a radical title in the name of the Buganda Land Board.

The writer is a lawyer