Ugandans See Clan or Family As Best Suited to Resolve Land Disputes

22 November 2024
Afrobarometer (Accra)

Only one in five citizens involved in land-related conflicts look to formal courts.

Key findings

  • Almost one in four Ugandans (23%) said someone in their household had been involved in a land dispute during the previous five years. ° Involvement in land disputes was most common in the Northern (33%) and Central (25%) regions and among citizens experiencing high lived poverty (28%).
  • Among those who reported experience with a land dispute: ° The most common types of conflicts were disputed boundaries (46%), family land wrangles (30%), land fraud (22%), and land grabbing (22%). ° Three-fourths (74%) said the tenure arrangement for their property allows them to fully use or develop the land, while 60% said it gives them sufficient security to access financial credit or loans. Citizens who had been involved in land disputes were less likely report benefiting from these aspects of land security. ° The largest share (44%) said that the clan or family was best suited to address their dispute. Only 22% preferred the formal court system. ° Faith in the clan or family as best suited to resolve land disputes was particularly strong in the Northern (65%) and Eastern (50%) regions, in rural areas (47%), among respondents with high lived poverty (49%) and those with no formal education (47%), among older respondents (54%). ° A preference for formal courts was almost twice as strong among those who said the general level of corruption in the country had decreased during the previous year compared to those who saw corruption as having increased (43% vs. 24%).

Disputes over land have become the order of the day in Uganda. News reports tell of land evictions, destruction of property, human remains exhumed without lawful authorisation, and brutal attacks or killings due to conflicts over land (Nalweyiso, 2023; Oyel, 2023; Independent, 2022a, 2022b; Human Rights Watch, 2023; Daily Monitor, 2021; Okello, 2023; Uganda Police Force, 2021).

The Uganda Police Force (2019, 2023) reported a rise in land-related crimes from 478 in 2018 to 561 in 2022. The most popular categories of reported land-related cases were fraudulent procuration of certificate of title, obtaining registration or money under false pretences, criminal trespass, and forgery.

The interplay of historical, economic, cultural, and legal factors has given rise to many land disputes in the country (Ojok & Ameny, 2017). Historically, the disruption of traditional forms of land ownership and management by the colonial administration resulted in the imposition of individual land titles, and the creation of large estates led to conflicts over land rights and access (Nile Post, 2023). An unclear mix of customary, leasehold, freehold, and public land tenure systems facilitates land alienation and leads to disputes over land ownership (Owaraga, 2012). Uganda's diversity of ethnic groups, each with its own customary land tenure system and practices, has given rise to disputes between different groups over land rights, boundaries, and resource use. Other factors contributing to land disputes include land grabbing, population growth, lengthy and expensive court processes, and limited access to legal aid, particularly marginalised groups.

Formal courts handling land cases are often castigated for not doing much to solve land problems. In such courts, land cases tend to drag on for a long time without delivering justice (Judicial Integrity Committee, 2011). In addition, a significant number of fraudulent and irregular land dealings are reportedly facilitated by the land registries (Judiciary, 2017) or corrupt magistrates and judicial officers, denying poor complainants justice (Rickard, 2022; Judicial Integrity Committee, 2011).

In a number of instances, the army and police have been accused of providing protection to land grabbers (Witness Radio, 2023; Land Portal, 2021; Daily Monitor, 2021) or being actively involved in land grabbing (Daily Monitor, 2022; Kazibwe, 2018; Kigongo, 2022).

When institutions that are supposed to resolve land disputes fail to play their role, people lose confidence in them and may search for alternative approaches (Kansiime & Harris, 2020; Rugadya, 2009).

Findings from Afrobarometer's 2022 survey in Uganda provide some insights into citizens' experience of land-related disputes and their views on who is best suited to resolve such conflicts. Almost one-fourth of respondents said someone in their household had experienced a land dispute during the previous five years, most commonly involving disputed boundaries, family land wrangles, land fraud, or land grabbing. The clan or family were most widely seen as best placed to address such conflicts, while only one in five would instead look to the formal court system.

Read the original article on Afrobarometer.

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