Secondary Schools’ Sensitization Project On Children Rights And Succession

The Team that took part in the Secondary Schools Project

This exposition is an account of the activities that were carried out during the project to attend to secondary school students as well as to the teachers regarding their human rights. Human rights can be defined as entitlements by inherency or created by the law to humans by virtue of being human. These are enshrined in the Constitution of the Republic of Uganda, 1995, among other laws. The various laws guarantee the rights of children and the Children Act cap 59 As Amended also provides for their offences and liabilities visa vis the Penal Code 120. The various rights are intended to protect and promote the welfare of children.

During the project, we visited a couple of secondary schools including St. Francis Borgia High School-Mukono, St. Johns High Scool-Kauga, Bright Secondary School-Seeta, Green Valley International-Mbalala, Kireka High School-Kireka.

The Children Act cap 59 as Amended is the principal legislation governing the rights of children and their protection under the law. The Act provides for the rights of children, issues of parental responsibility, child support, adoption, foster care and placement, maintenance of children, local authority support for children, the Family and Children Court and makes provisions for children charged with offences and any other connected purposes.

On the hand of the teachers, we introduced them to succession matters. The succession Act, Administrator General Act are legislations governing succession under the law. The Acts provides for the testate succession, issues of intestacy, probate and letters of administration, distribution of property in intestacy, and makes provisions offences like intermeddling of property and any other connected matters. The administrator manages property on trust of the estate in case of disputes over property.

The law protects the estates of the deceased persons and makes sure that property is divided accordingly putting regard the interests of the deceased and the family members that is to say, beneficiaries. The ultimate objective of the law on succession is to ensure continuity of the estate and lineage so as to protect both minors and all members of the family.

Legal Framework for the sensitization project 
In an effort to accomplish the tasks in the project, we relied on several domestic legislations enacted in Uganda, and International instruments to which Uganda is a signatory. For a comprehensive discussion on the rights of children, as well as the offences committed by and against children, Succession both intestate and testate wherein we focussed on domestic laws some of which are revealed above. Others include Succession Act and the Judicature Act.

Uganda is under an obligation to comply with provisions under certain international Conventions including but not limited to The Charter of the United Nations, The Convention of the Rights of a Child, The Universal Declaration of Human Rights, and The International Convention on Civil and Political Rights.

In regards succession, the Succession Act Cap 162 stipulates the scope for both testate and intestate succession. It has been for long been challenges from the various customs which give priority to the males to act as heirs upon death of the testator or death of the owner of property.

Objectives Of The Project

Under the project, we were driven by the following objectives;-To find out whether students know their rights under the various laws of Uganda; To ascertain whether students know offences that can be committed against them, and those that they can commit; To sensitise students about their rights about their rights and responsibilities; To enlighten students about offenses that they can commit and those that can committed against them; To develop advocacy skills; To acquire practical experience on how to deal with different members of society; To advise teachers on how to manage estates of the deceased; To sensitise teachers about the purpose of writing wills; and To encourage teachers to teach other members about the need to write wills, and the effect of not making one.

Rationale for the project
1. The project was intended to equip participants with various skills of life such as advocacy and most importantly articulation of legal matters with regard to the assigned topics.
2. The project was intended to educate students of secondary schools in various classes of their children's rights, responsibilities as well as offences that may be committee by the children or against them by either an adult or a fellow child.
3. The project was interested in sharing with teachers and administrators of the schools visited on the succession laws and an account therein inclusive of how to make wills and the effects of intestate and testate deaths.
4. The purpose of the activities was to alienate fears from amongst students in regard to misconceptions of children's rights and to waive fears fromamong school administrators that the sensitization and empowerment of rights was for the sole purpose of awareness and not any such misconceptions such as to make students rebellious as was often raised.
5. The training was intended to further disseminate the basis of rights in terms of legal framework which is national, regional and international instruments covering children's rights and succession.

Issues That Emerged

The project was undertaken within the confines of the topic, “The Rights of children, their responsibilities and, offences committed by and against children”. However, some issues emerged during the course of the project. Some issues arose at the time we were being received by the stakeholders of the schools before going to present to the students. Meanwhile, others emerged during and after the presentation. It is now important that I handle these issues.
Some school administrators requested us to get some time after the presentation of the topic and also offer career guidance to their students. The career guidance as requested for, was in particular, to focus on the following;
i. Selection of optional subjects by the senior two students who were soon to be promoted to senior three. This was a request by the administration of Bright Secondary School – Seeta and Green Valley International – Mbalala. The students were advised on how and why they should select the subjects they wished to take on in senior three.
ii. Interpret for the students, their school rules and regulations. This was a request by St. Francis Borgia High School where the school administration requested that, we should help and interpret for their students some of the provisions of their school rules and regulations.
Secondly, some students and the administrators requested us to find more time next term to talk to them again.

Thirdly, some schools asked if we can also present ‘Drug abuse’ as a topic. The reason they gave was that, drug abuse is a very common practice among students in the country. So, they thought it wise that we should think of handling drug abuse as a topic. However, we maintained our topic of presentation and only considered drug abuse as part of the offences committed by children in schools.

The teachers wanted us to take them to various offices, like the Administrator Generals Office, they wanted to help them make wills but this was outside our powers at that material time.

Another issue that arose is that teachers requested us to take them through marriages and of we did so. In order for them to have deeper understanding of the concept of succession.
Those were some of the other issues that emerged during the course of our project.

Achievements During The Project

One of our greatest achievements was the positive feedback we got from the different schools that we went to. Over two schools have requested us to get time next year and be able to address the school as a whole. This clearly shows that we managed to impact good knowledge and also change the behavior of some of the children.

Through the project, we gained exposure on how to solve challenges among students. The students had a number of hanging questions mostly related to the legal field, however we were able to address all their questions. We were in position to sensitize them limiting our scope of answers within their age range. In this way we positively impacted on the students.

The project helped us work as a team, we worked in groups of two which enabled us interact and help each other where necessary and effectively carried out our project and hence making a good impact on our activity.

It helped us develop our oral presentation skills besides the written submissions. While in the field we had to talk to the children and educate them on their various entitlements. We interacted with them on a number of occasions and this enhanced our presentations.

The project helped us learn how to deal with different challenges during the project like the long distances, the rains and funny comments from the students. We were disrupted by the rains on a number of occasions however this did not stop us from working on the project. There were those children who were stubborn and kept throwing different comments at us. However, we learnt how to deal with such children and in a way we completed the project.

The project enabled us reach out to different student who didn’t know their rights and law enforcers in case the rights are violated. Most of the schools we approached have a fixed school program and they never sensitize children on their legal entitlements. However, we addressed this problem and also made the children aware of the different persons they can approach incase their rights are violated.

Upon educating the students on the aspect of criminal responsibility and conviction of children, the students promised to change so as to avoid being detained in such places.

Through the project, we were able to educate the teachers on the law of succession and they learnt to make wills as was demonstrated to them. This was followed by their responses showing that they understood to make the same. Most of the teachers became eager to make wills.

This project exposed us to the practical legal field. Having studied for four years, it’s been more of theory work however through this project of child empowerment, we were asked questions under the legal field and in a way enhanced our skills and knowledge. We addressed some of the children on the legal field like how to pass pre-entry and join law school.

Challenges Faced While Conducting The Project.

• Schools are extremely occupied in the third term. They are occupied due to examination finals for the ordinary classes and the other candidate classes are occupied with the pressure of having their final papers to conclude a given level therefore it is quite hard to get vacancies in schools for the projects.
• Some school head teachers are afraid of the education of children on their rights. They have a belief that children, after knowing their rights are more likely to oppose school policies that they see are oppressive to them; and for this school’s reject proposals to educate students on their rights thus a big challenge in finding schools.
• Transport facilitation has been quite a challenge to us as it’s hard to reach schools due to poor facilitation from the faculty. Weather also greatly affects the reach to schools and coupled the lack of means, it’s hard to reach schools on time in order to effectively carry out the projects.
• There is an issue of classes colliding with a project. Usually the schools allocate time for the projects during the week and incidentally it is the same time during which we have lectures and school and this creates a relative set back especially where lecturers of a given course-unit require specific participation of students
• Efficiently prepared when going to the schools that allow us to conduct the project, the given schools limit us on what is appropriate for the environment of their school and this creates a lapse in children knowing their rights as we are often permitted to speak about only those that schools see wont contravene their system of handling children in ways that objects to children rights. In the same way we are limited on speaking about punishments children are subjected to; like corporal punishment and measures that could be taken to address these issues.
• There wasn’t enough time to address issues of the teachers on succession. People are hardly of knowledge on society and this only means that disposing of proposing is going to be left to others after death. The teachers had quite many issues that would not be effectively handled within scheduled time allocated by schools thus a challenge.
• It was not easy to explain to our parents about this project as no communication from the university was extended to them. More at times we faced challenges trying to lobby for fund to facilitate these activities from them.

RECOMMENDATIONS
 There is need to shift the projects to another term if possible. Projects are always done in third term which is the busiest term for schools. They are always occupied with different programs plus the final examinations for the candidates. Therefore, we recommend that it would be better if the projects are carried out within a favorable term of the year so as to avoid disorganizations and delay during the carrying out of the different projects.

In most cases facilitation has been a challenge during the projects which contributed to failure to meet the proposed time by the schools. Therefore, we recommend that the faculty puts into consideration the transportation issue such that we are able to reach the schools in far places in time. This will also be able to help us carryout the projects within the stipulated time allocated by the different schools.

From the project covered we recommend that teachers should organize so that every staff member is part of the sensitization for example the cooks, gate keepers, nurses among others. This would portray that not only the intellectuals are ought to know about the laws of succession because of the rampant problems within families upon deaths of the testator or the owner of the estate.

We recommend that prior to the projects, letters should be sent to the teachers with details about the various topics plus the scope to enable them have prior knowledge through research so as to have interactive discussions during the projects between the law students educating the staff with in the specified time.

The other recommendation would be that the faculty its self-take an initiative to reach out to schools. As the relation will be very easy unlike when it’s we the students. There is so many questions raised and so much doubt is put to it. This will save time and the cost that students engage in.
We recommend the university makes communication to our parents about such programs because most of the times we’ve faced challenges trying to get financial help from them to run the activity. This results in situations where your left in suspense regarding the university facilitation and you have to think outside the bracket

CONCLUSION
Children being a vulnerable group of persons in society, educating them on their rights, responsibilities and offences enhances vast knowledge to them regarding their conduct in society. The area of succession is an area the society has always wanted to be dealt with much care. This means that sensitizing and educating the society thereof eradicates ignorance of law and creates a society free from abuse and violation of rights. This project, has been beneficial to many children, once wide spread, it will lead to a nation that is violence free. For the case of the team it was a learning platform in that, we engaged in team work, we learnt from each other.we extended knowledge to students, and there was a blessing of exposure which above all opened up our mines to a practical bit of the law. Our relationship as team mates grew, we made friends in the different schools and above all, we inspired the young students and even the teachers who now want to take on the law course. In the same vain we learnt from them because they had so many examples in relation to the law. The only sad part was that our listeners presented a number of challenges yet we couldn’t avail any remedies. Having gone through all that, it’s my humble request that the university takes an initiative outside this project to reach out to the students and their staff as a way of enriching them with the knowledge of the law beyond just rights.
An account by 14 students 4th year law students of Clinical Legal Education Lyagoba Frank, Avako Maureen, Adoa John Williams, Ndijjo Samuel, Atukunda Bridget,                           Nahabwe Carolyne, Namuyiga Aisha, Nakimuli Innocent, Nalwoga Racheal, Arinda Joan,                                              
Kyomugisha Brenda, Bampabura Joseph, Mwesigwa Brian Muhumuza, and Obbo Alex Brain who tremendously appreciate their tutor and supervisor during the project, Jonan Luleti. The team also extends similar gratitude to our lecturer Miss Achieng Miriam for the facilitations especially through transportation.

To the team, conducting this sensitization project to secondary school students about their rights and teachers about succession matters has been an overwhelmingly and worthwhile experience.

UCLF Community Sensitization Project In Buwagajjo Landing Site

One of the students conducting a sensitization project

This was a Uganda Christian Lawyers Fraternity (UCLF) project took place in Buwagajjo Landing Site, Namabu Ward, Nyenga Division, Njeru Municipality in Buikwe district. We started the work at 8 AM and finished at around 5:00 P.M towards the close of the day.

UCLF Community sensitization
UCLF has worked in Uganda for quite some time now. Its work involves litigation wherein it represents people in court, it does mass sensitizations of communities in matters concerning but not limited to of succession, land matters, family matters.  It also provides counseling, legal education, job training.
It strengthens justice systems by identifying gaps in the system which prevent protection for the poor and then works with the police, prosecutors, courts and other stakeholders to address these complex challenges.

The Aims and Objectives of the project 
This project had its own fundamental aims and objectives that the students wanted to achieve at least within the time they had been allocated to the project and such objectives among many others include;

1. To help assist local leaders and the community understand and apply the law.
2. To help ensure the community know their rights. 
3. To improve students’ engagement in the practical aspects of the law.

Our involvement in the project

The students were involved in the following;

Educating the community on their rights.
We were involved in the teaching and explaining to the community what their rights are especially those enshrined in the constitution and how to represent themselves in the courts of law and instances where they may not be able to represent themselves. And how they can effectively enjoy their rights.
Aiding the community leaders understand and apply the law on land rights and succession.
We did sensitizations of the community leaders on the rights of the people they serve and their role towards the community. We also interacted with those who rights that had been violated for purposes of helping them ensure justice is reached for those who are not able to effectively enforce their rights.

Sometimes during the interactions there would be flaring of tempers and signs of lost trust in gaining justice or freedom through justice by the community for example in matters of land grabbing, we came in to shine a light of hope and trust for them towards the justice they sought. This was even made more possible because some of the people too showed signs of hope in progress of their cases and did not want others to lose hope too.

Giving general legal advice to the community.
This involved listening to the community on the grievances affecting them, the progress of their cases and the possible measures or procedures they can take and the laws that are necessary regarding the proceedings in courts of law.

All these and others were done with the help of the Counsel Ann.

Description of the activity 

Legal Education on the communities’ rights regarding will writing and succession, domestic violence and land rights
We were involved in sensitizing the community about their rights regarding will making, succession and how the wills can be enforced. We also went ahead and enlightened the community about domestic violence its dangers and where to go to in order to attain justice as for the victims of abuse. We also sensitized the community about their land rights in the community and on the land they own.

The discussions involved splitting up into groups where Asiimwe Jotham did community sensitization regarding wills and succession where for example he was able to interact with a one of the members of the community who was being denied inheritance of property that she has rights over, Jotham was able to educate her about the circumstances under which she can benefit from a will and where to go for redress for example the chief magistrates court family division close to her.

The other Participant, Atwiine Allan dealt with the issue of land rights where after vigorous interactions with the community realized that most people were ignorant about their land rights especially about acquiring land titles over the land they own for example a one community member living on a Kibanja was worried of being evicted due to the land issues that were entangling his family land  and there to Atwiine had the vigor to tell him about the rights on a kibanja land and the interests that he gets as a person. He did this for quite some time while the rest of the community attentively listened.

As regards domestic violence, the discussion in this area was conducted by Opolot Maria wherein she let known to the community what amounts to domestic violence under the laws of Uganda, the effects thereof and where possibly those affected can get help from, she interacted with one member, the chairman of the area visited who acknowledged that domestic violence was still persistent in the area. The chairperson made the observation that residents in the community were scared of reporting it due to fear of shame, however Maria was able to convince the community about the right person and that it’s a crime subjecting any one to the domestic violence under the laws of Uganda.

We hence forth went ahead and advised the community to always follow up their cases and proceedings and how they can represent themselves where they have no legal representation.

Results realized during the project. 
We were able to help the community acquire vital Knowledge for the community about the law and how effectively they can apply it.

We were able to instill more faith in the community in the justice system of Uganda so that they may be able to bring forth their grievances and abuses on their rights for justice in the courts of law.

We also enhanced Communication between the community leaders and the community for purpose of curbing the crime of domestic violence for example the area councilor a one was more than ready to receive any complaints for reconciliation before proceeding to higher authorities.

We ensured that there were Self-representation skills for the community gained.

The community was able to acknowledge their rights as human beings and as Ugandans in the community.

General legal knowledge was instilled unto the community on the procedure of proceedings in court and follow-up for example a one member was ready to file a case regarding a property dispute involving her and her neighbors since she was now knowledgeable on what her rights regarding succession are.

We also improved community leaders and community relationship through the knowledge acquired on the leaders’ role towards the community.

Lessons learnt.

1. Most members of the community do not know their rights efficiently for example rights regarding acquisition of land and land titles, making of wills and succession and domestic violence. Thus, an urgent need to educate them on their rights. 
2. The community is very much willing to corporate with the judiciary and the local leaders to ensure they get fair hearings regarding their complaints on abuse of their rights. 
3. Very many community members especially women and girls have at least experienced domestic violence in their lives and feared to report the violence due to lack of trust in the system. 
4. A small number of members of the community know about will making and succession and how or where to legally enforce the will.
5. Among other lessons learnt to be more patient so as to be able to attentively listen and give the community relevant advice.
6. Our communication and counselling skills were enhanced as we interacted with the prisoners. 
7. We also learnt that co-operation and working as a team helps accomplish a lot of work in a short time. We accomplished greater work as a team and the oneness. 

Challenges faced while conducting the project.

• Limited time for interaction with the community thus we had to wrap up fast yet more members of the community had more to ask regarding their rights and help. 
• Low turn up compared to size and the number of people that live in the area 
• Poor communication due to the language diversity of the place for example most of the locals were only able to understand Luganda where as others could only communicate in their traditional language Lusoga and didn’t understand English.
• There was difficult getting to the area as the roads are in a poor state which consumed a lot of time getting there.
• Lack of a close police station to report any abuse in case it happens for those affected in the community.

Our recommendations
Time management should be looked into by both the participants and the officials/community leaders because it was double sided.

A follow up mechanism should be adopted to check if there are any proceedings taking place regarding wills, succession, land rights and domestic violence in the area.

The criteria for receiving complaints from community members for any abuse on their rights should be revised since most of the community members don’t trust their local leaders with in acquiring justice.

Processing charts or drawings illustrating the law regarding how for example disputes can be resolved in the community before taking them to higher authorities for easy understanding by the community.

Attending meetings regarding how decrees and court orders can be effectively adhered to without causing injustices to the community.

Efforts should also be made to conduct massive sensitization amongst the community about the possibility of self-representation and how to enjoy their rights. It is also important to empower women and children, to seek available justice mechanisms to help them acquire justice.

CONCLUSION
We extend our sincere gratitude to our lecturer Ms Achieng Miriam, our Tutor Luleti Jonan and Uganda Christian University at large for giving us an opportunity to have such a great learning experience. It wasn’t easy at the start, just like any other activity may seem at the beginning, but in the course of it and also by the end of it, we realized that it is something worthwhile, a skill we had to attain before completing law school, and it has helped us to understand that much as we have studied the law, we need to be able to practice it in the real world out. We humbly appreciate, and we are looking forward to constant practice of legal education and counselling and to master the art and skill of it.

This account of events was by 3 law students of UCU Asiimwe Jotham, Atwine Allan, and Opolot
Maria, students of clinical legal education.                                                

LEMU Project On Customary Land Management In Lango, Particularly In Apac District

UCU students 

Land is central in humanity’s survival in this world. Failure to be accorded ownership presents serious crises. The world at large has made it paramount for persons to have land ownership. The 1995 Constitution of the Republic of Uganda provides for freedom of property ownership, either individually or in association with others. The ownership entails different tenures under article 234; to include: customary, mailo, leasehold and freehold. All the three tenures are governed by legislations of parliament, but customary is specifically governed by the principles and practices of an area where the land sits.

The government has thought it wise to introduce the National Land Policy, 2013 to ensure equitable land management for overall socio-economic development.

The land issue in Uganda

It is worthwhile noting, that since 1900 Buganda Agreement, no good legislation ever came into effect to stipulate the governing of customary tenure. Worst to note, was the Land Decree, 1975; where the military regime of Idi Amin tried to overhaul Uganda’s legal system of land. It decreed that all land in Uganda would be public land vested in the government – Uganda Land Commission.

Nevertheless, those customarily settled on the land would easily be evicted without seeking their consent. Compensation would only issue where developments had occasioned on the suit land. It took 95 years from 1900 to 1995 for the government to take cognisance of customary tenure in its legislation. Thus, the government is acclaimed for the 1995 Constitution of the Republic of Uganda and the Land Act of 1998, having taken note of customary tenure.

However, amidst these legislations, customary tenure has continued to face several problems, namely: (i) that it does not provide security of tenure for the land owner; (ii) it impedes advancement of land market; and (iii) it discriminates against women according to the National Land Policy. Nevertheless, the Land Policy, 2013 has been introduced creating avenues for the recognition of customary tenure in its own form to be at par with other tenure systems; and to establish a land registry system for the registration of land rights under customary tenure.

Land and Equitable Movement Uganda

LEMU – Land and Equity Movement in Uganda records customary tenure in the country to be at 80%. For Lango, in specific is 99%. This not for profit organisation was founded in 2005. It has worked over the years to ensure customary land right vests in all without discrimination; fulfilling its motto: Making land work for us all. With its headquarters in Namwongo, Kampala, it has scattered branches covering the districts of Apac, Lira, Soroti, Kitgum, Gulu, Bunyoro and West Nile. All these sub regions share almost a custom in common.

LEMU has worked closely with the Land Ministry. And its vision is to have a Ugandan society with land tenure security and equitable land rights to make land secure for all for equitable development. It has strengthened traditional institutions through training clan leaders to apply Principles Practices Rights and Responsibilities (PPRR) and amicably resolve wrangles within their clan communities. It has registered successes amidst challenges as shall be noted later.

Objectives for the project in Lango.

UCU students take group photo

Previous projects have been always organised, with specific purposes made clear. For students would leave the faculty knowing what they would engage in. For instance; mediation and boundary tree planting. However, it was a complete turn of events this time as LEMU overhauled its modalities. Thus, we did not know what our objectives would entail.

It was upon reaching LEMU office that we were briefed on what we would be doing. Thereon we formulated our objectives to include the following;

·         To learn and appreciate the vision of LEMU;

·         To educate the students to practically understand how customary tenure works;

·         To train and equip clan leaders with necessary tools to carryout mediations;

·         To conduct impact assessments on disputes previously mediated by LEMU; and

·         To establish the importance of drawing family land rights tree (FLRT) when mediating land disputes.

The students, lecturer together with some LEMU staff made locus visits. These were intended to conduct impact assessment on matters that had earlier been mediated. In the event of locus visits, interviews were also conducted. These altogether helped the students to garner their information which is now herein documented for reference.

Some of the activities we engaged in.

Clan Leaders’ Training

The training lasted for two days. That is 10^th to 11^th of August 2017. Though majorly conducted by the Executive Director of LEMU, Mrs Judy Adoko with minimal contribution from Uganda Christian University students, it conversed several issues.

The purpose of the training was; To use the five cases (clans that had land disputes) to highlight bigger problems facing customary tenure and the way of life of the Langi; and To give skills in family land rights tree tool and principles of natural justice to resolve current and future land cases in the clans.

Day one – 10^th August 2017

Five clans attended. These were; Banya, Okarowok iyi acel, Atek Okwero Owiny, Okwero Ngec -  Okwero Ayita and Oyima Ngila with their respective representatives. Their cases would be handled and used as references in future in form of precedent. The target was to limit LEMU’s involvement. Unfortunately, the five cases were never resolved.

1.5 Recognition of Customary Tenure

A question was posed to the clans’ leaders: why is it that it took government several years to recognise customary tenure in its legislation – Constitution?

Several answers were suggested. That the law was made by the whites who had their own interests – not customary. Peoples’ interests were more focused on power struggle. The population was low – thus no land wrangles by then. Now some parliamentarians/tribes want to use it as an avenue for land acquisition. Lastly, land has become economically viable. Therefore, the government has been prompted to recognise customary tenure. Even though, continuous disputes pose to inhibit enjoyment of the same.

Land disputes in Apac was seen to be severe. Bad relations and greed were indicated as causes which are so rampant. It was noted at the training that; the problems now are bigger than what people think or see. The problem is coming from the extreme world. The whites want our land for investments, and customary tenure has posed insecurity for them. Thus, sending a message to the government.

It was observed that customary land is characterised by inheritance, culturally administered, women have no rights and cannot be mortgaged. This, it is suggested, sabotages land transactions. To curb, legislative frame work is laid down to ensure individualism in land ownership. Freehold is preferred. It quickens land purchase. Land is registered and a certificate is granted under the law which becomes conclusive evidence of ownership, not easily impeachable.

Illustration was done on how land leaves lango, with basically three key players involved. These players are; Government, Lawyer and Bank.

The weaknesses of the Clans

What makes clans weak?

The following were raised; conflicts, lies, greed for money, child marriage, polygamy, witch craft, government laws against clans’ laws, discrimination, competition for authority, jealous, weak leadership and laziness. From the training, it was observed that the government can set laws to strengthen culture or customary tenure. But the investors will let it fail.

However, the clan leaders were suggestive that, they can find a solution by themselves and stop the investors from taking their land. It was agreed that; respectable clan leaders should be appointed to sanction land sales to boost investments. Well established registry where customary land transactions can be registered should be put in place. The clan leaders also thought it wise to go back to the old days; where there was no greed, discrimination, struggle for authority, bias, and rights of women, children and the vulnerable people were honoured and respected. This could ensure better conflict resolution. The clan members agreed to work on the return of good relations in all clans.

The manifestation of the above, it was noted, would be exhibited through looking at the number of cases settled by the clan leaders; cases not coming to LEMU and the government; land sold through proper channels; and the voices of women and children heard.

Day two – 11^th August 2017

Presentation was made in respect to the following areas;

·         Why the family land rights tree is useful;

·         Principles of natural justice and how to handle difficulties;

·         Types of governance (State and traditional parallel; clans only; state only or a partnership); and

·         Plenary discussion made on, how should the partnership between the state and the tradition be?

Before discussing the importance of family land rights tree, the trainer informed the clan leaders that, there was a critical issue to be tackled first. She noted that LEMU is not told the truth. How then can LEMU do work when it is not told the truth? And why LEMU and not the clan leaders?

Responses were received in respect to the two questions. Highlighting the following; that there is bias by the clan leaders, harassment, to deceive LEMU since LEMU can take it in, disrespect pf the clan, dispute between two clans, some people are vulnerable and others have a lot of power, corruption – clan leaders only want to decide on cases paid for, and to bribe LEMU to win.

Family Land Rights Tree (FLRT)

Discussions on the usefulness of family land rights tree ensued, and was pointed out that, the above problems can easily be cured if family land rights tree is effectively and properly utilized.

The family land rights tree helps or will help clan leaders; to establish the relationships of the parties to the dispute, and those constituted to hear the matter indicating what interests they have, if any. This will help avoid possibility of bias in case one meant to hear the dispute is a relative or has an interest in the matter. He/she must recuse him/herself from the proceeding. It will also point out who has power and who is vulnerable within a family where there is land dispute. Proper land rights will be established.

 For instance, where in a family; two wives were married, and land distributed to them. Then in the event children are produced, the clan committee will know which of the children or women (wives) are crossing the boundary to cause land dispute. Possible interests in the land wrangle will be pointed out; and reason why there is a conflict, with potential witnesses being spotted.

In drawing the family land rights tree, the clan committee should note details in respect to sex, age, status, names of parents, children, stages of birth, and any other relevant information must be included.

The clan leaders were instructed to take due diligence regarding which family do rights come from when handling land disputes.

The clan leaders themselves observed that; when the family land rights tree is followed appropriately and the above table is taken note of, disputes will be effectively settled. However, the trainer was so cautious that, the parties in dispute should avoid several and disorganised shopping forum. For example; from police to the Local Council, again to the clan committee, and to court and probably to LEMU. This was highlighted to be very disorganised and lacking in sense, which might cause conflict between different forums.

Principles of Natural Justice

It was emphasised that; the duty to act fairly in administrative decision is prime. Thus, clan leaders were instructed to have the principles of natural justice in whatever proceeding they would conduct. They include;

a)   Impartiality, the decision maker must not have personal interest in the case to avoid bias.

b)   Transparency, the decision should be open to public and not in secrecy.

c)     Fairness, where every person appearing before the committee is accorded equal treatment. A complaint was raised by a woman who had attended the training; and was noted that different fees are being paid by different persons who have matters before the clan committees. This creates unfairness. It was agreed by the clan leaders that 10.000 UGX would be a uniform fee.

d)   Quorum, the quorum should be well constituted. Thus, the clan committee would contain five members. This makes the decision stand strong and unchallenged.

e)   A right of being heard, a safe place of being heard and a right of an appeal. It was suggested and agreed that, three chances would be granted to a person to appear and his or her side of the story is heard. With safe place where that person can freely express himself. If in case the decision is made against one of the persons, then a right to appeal to higher authority should be availed to him or her.

Nevertheless, where the three chances are given to the person and he or she fails to turn up, then a letter is written to the police with such evidence of records, to halt the person from using the land. The clan leaders were also advised that; where one person grabs the land of another, then they would invoke section 92 (1c) of the Land Act Cap.227 (as amended). The provision prescribes for the penalty against a person who unlawfully grabs another’s land.

f)     Documentation. Some members complained that, once a decision is wrongfully reached, it is never documented. However, at the meeting, it was agreed by all clan leaders that good administration requires documentation. This will promote truthfulness and transparency in reaching a decision. And therefore, the counter books were given to the clan leaders to keep their records.

State and Traditional Governance

Issues were raised that the relation between the two are parallel. Thus, the decision made by clan leaders has always been rendered void by the government courts. As a result, the attendants of the meeting were of the view that, this gap be bridged so that the two can coordinate and work hand in hand with the other. But how could this be possible was the point that took people to the same thinking cup.

Be that as it may, an answer was suggested. That the harmonisation of the traditional and state governance can only take effect; if the clan leaders use the Principles, Practices, Rights and Responsibilities (PPRR) effectively. This is because the PPRR outlines the customs and cultural practices of lango. Of which the 1995 Constitution of the Republic of Uganda allows them to practice; if they do not contravene its provisions. And where there is transparency and truthfulness in the administrative decision taken; with due regard to the principles of natural justice. The courts of law will not fail to respect traditional system of governance; therefore, making the clan decision effective.

The clan leaders were also advised to look for alternative means of punishment; which is not unconstitutional since beating is no longer working within the confines of the Constitution.

Nonetheless, Uganda Christian University students drafted a sample template of how the clan decision/ judgment should look like after which the project for these 2 days was ended.

Case Tracking/impact assessment

Visit to the locus

We made locus visits to carry out case tracking. In one case, located in Bar – Odong village, Apac municipal parish, Akere division in Apac district. We were informed of the quantity of land in dispute to be about three acres. And the dispute arouse since the land was sold twice by the same person (seller) to different buyers.

The reason which was given indicated that, the seller complained the size of the land was not proportional to the quantum of money advanced for it. Yet, agreement of consent was signed by all parties. The second buyer intimated to us that, since she realised the land was first sold to somebody else, she called upon the seller to locate for her another portion. Since the first portion had issues. This request received compliance, and she was given another piece adjoining the one in dispute. Even though the matter seemed settled, boundary issues cropped in again. This prompted the complainants to approach LEMU in 2015. The case was successfully resolved.

LEMU immediately carried out boundary tree planting. So that it would be easy for both parties to recognise their extent and limit of their land portions. We (students) eventually went to the field to confirm the boundary demarcation, and assess if any dispute again aroused thereafter. We received good news. No dispute occurred. The boundary plant, traditionally known as omara-omara played a vital role.

Nevertheless, LEMU field officer advised the neighbours around to arrange by their own consent; and plant omara-omara around all their individual land portions to avoid probable future land disputes

In another dispute in Wiitim B village, Abedi parish, Apac sub-county in Apac district. This was a customary land. And the land in dispute was one acre. A neighbour narrated to us about the matter. That the owner of the suit land had two wives. One of the wives (the second wife) has a lame child. But another boy (named Okello) from the second wife, has been a menace to the whole village due to theft. He kept on disturbing the father to give him his own portion to cultivate. However, the father was hesitant.

Nonetheless, this prompted Okello to reach LEMU to let him access his own portion. The land was given to him, with demarcation marks clearly planted. From our impact assessment, there has been no problem of any dispute again.

Lessons learnt in the project

·         Mediation is an effective mode of dispute resolution. This cannot be likened to litigation that is very costly. It spoils relations within the societies. We realised that in the event of mediation, parties participate themselves in resolution of the matter.

·         We learnt that, it is important to follow cases that have been resolved to find out whether there are no further disputes after boundary tree planting. This helps to keep the full track of the records.

·         The importance of not for profit organisation like LEMU was open to us. Had it not been because of this organisation, then customary tenure would have a serious setback. LEMU has worked so hard ensuring the existence of customary tenure, and its effective management.

Challenges                                                                                  

In the event of collating our information together, we envisaged the following challenges;

Long distance coupled with bad roads. The distance between Kampala and Apac is along one. Besides, it had been a rainy reason in Apac. Our van got stuck. Thus, it had to be pushed by the well wishers who were using the road. We encountered this immediately after we had just left the lake side heading to Apac town. The same was observed on our way to Wiitim B, from which we had moved to carry out impact assessment /case tracking. It made our travelling difficult with several delays on the way.

Language barrier; it ought to be noted that, not all students who went for the project knew the language. And some, who understood, could not speak properly.  Besides, those who maneuvered to give explanations to the clan leaders did with a lot of difficulties. At the time of the training, it was appropriate for the luo speakers, to interpret for the students that did not know the language. This made collecting the information a bit hard. Since not everything could be translated. In the end, some information was missed.

Requests for money from the interviewees; when in the field for locus visits, some of the village members who helped us to explain the chain of events in respect of land disputes did it in expectation of money in return. It was hard to convince them that we were students. And there is a misconception in Uganda; that those who speak English have money. And since most of the students kept on interacting in English, the villagers knew we were government officials. We had come to do land survey. I make a re-collection when we went to Bar-odong village. Upon finishing the purpose of our visit, an old man called aside a LEMU staff; informed him, that in their practice of land survey, once finished like we did, he was entitled to 10.000UGX. This can of solicitation delayed us to move to the next destinations. Since so much time was spent explaining to these people; that we were actually students, with no money to offer.

No prior communication given to the land owners which the students were meant to visit. To carry out impact assessment was not easy. The land owners feared that we (students) were government officials who had come to grab their land. So they became very hesitant to show us where the land was. Besides, we went with some new staff. They had not participated in the previous dispute resolution. In fact the new staff we went with was a stranger to them too.  We wasted so much time negotiating, that we were actually from LEMU. We entirely blame LEMU who had not made communications to such owners about our visits.

2.2 Conclusion

Land and Equity Movement in Uganda has done commendable work within Apac district. Through its Motto; making land work for us all, all persons have been made aware of their land rights under customary tenure. Irrespective of people’s status in the village; be woman, man, divorced, child, orphan, widowed, mention them; land is working for them all. Traditionally, it was widely thought and a practice that women have no land rights under custom. LEMU has changed this thinking. Disputes have been resolved amicably in regard to land wrangles within clan members. In consultation with Lango Cultural Foundation, LEMU drafted the Principles, Practices, Rights and Responsibilities (PPRR). The book stipulates the customs and practices of Lango. In fact the book almost is next to the Constitution of Lango.

The not for profit organization has written a series of discussion papers advising the government, and several stake holders to take concern on customary tenure. It has highlighted the challenges customary tenure encounter, and the dangers most likely to arise in future. It works closely with the Ministry of Land. Thus, in 2013, the government came up with National Land Policy capturing customary tenure and the procedure that should be laid down; in dealing with customary land transactions. We therefore, call upon the government to give the necessary support to the organization; in order to broaden its area of operation.

2.3 Recommendation

We recommend the following;

Increase of manpower. LEMU looks like a one person’s organization. With the executive director doing almost everything; there is limited contribution from other staff members. Thus, we recommend LEMU to recruit other staffs, like lawyers who can do research as well. The few staffs apparently in office most do basically craft work. We advise that some lawyers also be part of the system to handle crucial matters when the executive director is not within.

Inclusion of some clan elders as staff of LEMU; this will help LEMU appreciate disputes arising from the community and find effective lasting solution.

Liaison with Lango Cultural Foundation; LEMU should liaise with the foundation to establish a Registry for customary land transactions. This should be at the Lango Cultural Foundation offices. Thus, records of customary land transactions will be kept in such places. This will enable in the effective administration of customary land by the clan leaders.

Communication to be made when students are making locus visits. Next time students are carrying out case tracking, communication should be made prior. This will avoid students being looked like strangers, and avoidance of time wastage.

Students’ contribution to increase; as was noted, participation of the students in some of these activities was minimal. Yet students had reached the field not to be idle but rather to engage effectively.

This was an account of Ongom Raymond, Aol Brenda Peace, Akumu Glora Blick, Adong Lucy, Akello Dora, Pimer Alipa Hope, Adoch Phiona law students of UCU under the supervision of Ms. Mirriam Achieng, Lecturer at UCU.

Land Dispute Mediations Carried Out By The Students of UCU and LEMU In Soroti District

Students conducting one of the activities

Uganda Christian University (UCU) students from the Faculty of Law partnered with the Land and Equity Movement in Uganda (LEMU) for a mediation project in Soroti.

LEMU provided us with written guiding material to understand the customary land tenure, types of land tenure systems, who is head of family, land rights, changes taking place in customary tenure, effects of changes on rights, issues, proposed solution among others

We observed that maintaining the customary tenure of land ownership in Teso is the safest way of protecting land from illegal activities and evictions, as land titles are not granted but recognition is on the interests on customary land through family land rights and inheritance procedures and we recommend that the policy should recognize customary tenure in its own right, its management and hold clans accountable and not convert to freehold.

Further, we observed in one of the cases during the mediation sessions that the information on the Family land Rights Tree is not detailed enough to allow analysis of land rights and especially vulnerability and power, for example parties deliberately hiding information from us or not really knowing the answers and also the staff not probing with correct answers. 

We recommend that given that not all parties tell the truth or give all information, it is very important that the staff are alert to the information they receive and not write everything they are told at face value.

The clan leaders have a role of protecting the land in trust for its people, mediating land disputes among others, however, there seems to be much greed among the clan leaders themselves because in one of the cases we handled, one of the leaders was also involved in the land dispute. We recommend that in such cases an independent body should be put in place.  In addition, land laws should be amended so that they can recognize the role of customary institutions in making rules governing land in their respective areas. We are of the view that some clan leaders exercise greed because they believe they have no legal obligation to protect the land in trust for their people.

We handled three cases which included land grabbing and boundary disputes and out of the three cases, only one case which involved a boundary dispute was successfully resolved and we went to the village to protect boundaries with a tape measure and agreed trees. We also drafted the various documents for clans needed in court.

It should be noted that Mediation is one of the forms of Alternative dispute resolution which was made mandatory in all civil matters including land, family and main civil law by the Judicature (Mediation) Rules of 2013. Through Mediation, there will be access to justice for vulnerable and marginalized people whose cases take long to be concluded in the formal justice system.

Land tenures in Uganda

Initially, during the pre-colonial era, land in Uganda was held customarily. With the coming of the colonialists, the Mailo system was introduced to the Buganda region although other areas like Teso and Lango retained the customary system of ownership. Eventually through the change of regimes, in 1995 the constitution was promulgated which recognized 4 systems of land tenure to include Leasehold, freehold, Mailo and also the customary tenure which had been abolished during the Amin regime was finally re instituted. This led to the rise in the controversies as to the land rights and this led to disputes.

In 1998 in an effort to clarify these problems, the Parliament under its statutory duty enacted the 1998 Land Act, which for example gives traditional authorities power to determine or mediate disputes over customary land. In reference to Teso sub region, over 90% of the land according to reports is under the customary land tenure system.

In an effort to reduce the issues of land disputes in Teso, the Iteso Cultural Union (ICU) through its Minister of Lands, Natural Resources and Physical Planning documented the Principles, Practices, Rights and Responsibilities of Customary Tenure (PPRR) with support from development partners particularly LEMU.

The guidelines are to help provide useful guidance to the people involved in land management in Teso, the courts of law and other stakeholders and to help reduce the many problems faced by people with land rights. The presence of two legal systems in land management makes it very difficult to resolve these issues as people are confused about where to go to sort out their problems.

The Land and Equity Movements in Uganda

LEMU is a movement which aims to unite the efforts of everyone with a contribution to offer to make land work for everyone LEMU as an organization started in 2005 and has over the span of 12 years of its existence solved disputes in many areas in Teso, Lango and the country at large. LEMU equips communities with knowledge of laws and policies majorly through their local leaders to enable them understand rights, responsibilities and changes taking place in land ownership.

With one of its branches located in Soroti district, it has over the years partnered with students of Uganda Christian University to solve some of the land disputes and also to increase the knowledge of the students on the customary tenure of land ownership in Teso.

Different organizations, civil societies, volunteers like LEMU as mentioned above and Uganda Law Society among others have come in to reduce and solve these problems through the use of the customs of the community in conflict.

On the 15th to the 19th August 2017 a group of 10 UCU students joined the Soroti LEMU team just as it has been done in the past but this was for few days where students participated in drafting documents and majorly translating and taking notes which was not the case in the previous years where students participated in the mediations. One case yielded positive results and some the parties did not come into agreement.       

The reason for the project in Soroti

1. To resolve land disputes that have become so rampant in Teso region resulting from land grabbing, selling of land and to teach people of Teso region the importance of customary land tenure
2. To highlight problems facing customary land tenure and the way of life of the people of Teso region. In this we found out that some of the challenges faced by customary land tenure is; lack of title for customary land, it cannot be mortgaged to secure a loan and the fact that women have no right over the land thus purpose of project
3. To give skills and principles of natural justice to reduce current and future land disputes and this was done through training clan leaders, clan members and the community at large mediation skills and issues concerning customary tenure.

Activities in the project

During the project, LEMU conducted training on customary land rights for both the students and the clans. The training was conducted for two days where on the first day the students and the clans were made to understand the importance of customary land tenure.

On the second day the students were engaged in getting the different family land rights tree of the three cases which they had been briefed about that were to be handled where the students got to understand the importance of the family land rights tree which basically shows how the parties acquired the land in dispute.

During the field visit to Owing village in Katine Sub-county, Soroti District, the students were also involved in tree planting to mark the boundaries and measured the land using a tape measure to know the exact size of the land.

The cases that were handled

During our field trip, we managed to handle only 3 cases which we categorized as land grabbing and boundary Disputes.

Land Grabbing.

Land grabbing is the seizing of land by a nation, state or individuals especially illegally, unfairly or underhandedly. While dealing with this category, LEMU alongside UCU students gave an opportunity to both parties to explain their side of the story. With that information, it then identified who the land belonged to with reference to customary laws and also with the help of the clan leaders thus bringing both parties to an agreement.  However, in one of the cases, the dispute was not resolved. Fortunately, both parties are positively looking forward to a resolution and LEMU is as well following it up.

Boundary Dispute Settlement.

Boundary disputes involve disagreements between neighbors over their rights and duties with respect to adjacent, nearby or real property owners. Under this category, we successfully resolved one dispute where we were mainly involved in making boundaries round the disputed lands as agreed by the parties through boundary tree planting and sketch map drawing.

Other Activities in the project

During the trip, some of the other activities that were done include, sensitizing the community and train them about the importance of customary land tenure, demarcating land, marking boundaries of the land, measuring the land in dispute and planting trees.

However, the purpose of these activities for example measuring and marking boundaries was to resolve disputes amongst the conflicting parties by clarifying the portion that everyone is entitled to and also to prevent future disputes that may arise.

The purpose of mobilizing and teaching the community of Teso region was to eradicate the vice of land grabbing and converting of customary land into free hold.

Observations made.

(1) LEMU majorly uses the family land rights tree to identify how the land was acquired by the different parties however most of the parties kept on confusing the names of the owners making it hard to trace the rightful owners to the land. (2) Most of the parties usually approaching LEMU have their hands dirty and usually do not talk the truth and hence during mediation different facts end up emerging rendering the initial case reported to be useless and hence failure to mediate on it. (3)We also observed that clans are the most efficient in settling land disputes and LEMU as an organization just empowers and guides the clans however the settlement of the dispute is done by the clan and not LEMU.

We learnt that

Field visits are extremely important because when you go to a context of customary land rights, you realize it is all linked to culture, ethnicity and family values. So it is good for different participants coming from different contexts to go and exchange experiences.

Where customary tenure system is maintained, the land normally remains in the family lineage, hence protecting rights of the future generation.

Mediation and tree planting are so vital in resolving conflicts as long as both parties agree on the land boundaries.

Some of the challenges faced.

Ø  One of the challenges was land grabbing from widows, unmarried daughters and people who are away from home which is sometimes done by the very clan members who have the responsibility to protect these land rights.

Ø  Conflict due to the retraction of land gifts given by deceased relatives from other people was another challenge as the mediations went on.

Ø  Poor roads which make it difficult to access most places for instance in ogwiny village where we had pave way since there was no proper road.

Ø  Another challenge was that the clan leaders also had there other programmes which to an extend collided with the mediations and they had to choose between the two which was hard.

Ø  There was time wastage  since three languages were used during the training and mediation which were kumam, ateso and English.

Ø  The parties in the cases concealed some facts at the time of reporting which brought about a delay in reaching an agreement.

We make our recommendation that;  

The Faculty of Law syllabus should encompass an in-depth study of customary land tenure as it is the only tenure system that wasn’t imported into the land management system of Uganda. Students lack knowledge of the importance of customary land, commonly despising it and making preference of other types of land tenure systems, when it should be fully understood. The team learnt of the importance of customary land tenure from this training, otherwise their initial knowledge of this tenure system was almost biased. The University should therefore work hand in hand with organizations such as LEMU, to avail this information to students of law, such that Customary Land Tenure is protected, rather than despised.

The custodians of the law, together with different organizations should work conjointly to see to it that customary land tenure, like other land tenures, is accorded full recognition under the Land Act Cap 227 and Registration of Titles Act Cap 340. The government of Uganda took 95 years before customary land tenure could be constitutionally recognized. It is currently impossible for a customary land owner to attain a title not until they convert their land to freehold system. This system of land governance despises the existence of Customary Tenure and encourages Ugandans to shun away from it when they should be embracing it.

The ICU land laws concerning the land rights of illegitimate children born to a widow should be revised. Apparently, children born to a widow by another man, not being the deceased, acquire land rights, as if they are children of the deceased. The biological father literally has no worry about the welfare of this child, especially with regard to land rights. This particular section seems to breed irresponsibility by the biological father; it also seems to encourage men to take widows for granted, with little or no respect accorded to them. The team therefore feels that this section should be put to scrutiny, and if need be, amended.

LEMU should adopt a preventive rather than curative approach in tackling customary land rights and issues. Apparently, it is until a dispute has arisen between parties, and the complainant has brought the case to the attention of LEMU officials, that training on the existing land rights is initiated. The Team is therefore of the view that the training on customary land rights undertaken by LEMU should be extended not just to the Clan leaders but to the entire community .In this way, people are able to understand their land rights better as most of them are ignorant, even of the existence of these rights. This will enable Ugandans to appreciate the importance of customary tenure, and avoid the sell of their land, which is the root cause of customary land disputes.

LEMU officials tasked with the responsibility to investigate matters brought before their offices should do so exhaustively such that the subsequent mediation process is made easier. During the training for instance, in the mediation case of Victor Adong, the information from the family tree was not detailed enough as well as the actual root cause of the dispute. This saw two days undernourished into trying to understand the cause of the dispute before recommendations could be made. To solve this therefore, thorough investigations should be made prior to the Mediation process.

The teams of parties at dispute that are called for mediation should encompass one tribe at a time. During this training for instance, a lot of time was eaten up in trying to translate in both Kumam and Ateso. Training as earlier said, should be done prior to the mediation process, such that during mediation, parties are simply reminded of their rights rather than educated.

                                               

The results from the Mediation process, when positive, requires that boundary trees are planted as well as agreements between parties are written with the guidance of LEMU officials. However, the boundary tree planting process is hectic and at times seems complex even to the villagers/ parties especially with regard to measurements. It would therefore save a lot of time if LEMU hired professionals to carryout measurements with the guidance of the parties, such that accuracy is realized, thus blocking any further conflict.

The students undertaking Training under LEMU should be accorded more days to enable them fully appreciate what is actually on the ground, what LEMU as an organization is trying to promote, and why the fight for the customary Land tenure is crucial. The three days conferred to the students were much appreciated; however, more would have been learnt if LEMU could increase these days from three to probably five. In the same spirit, LEMU should also come up with avenues on how students can be more involved in the training and activities carried out in the field.

This description of events is by Amudo Angella, Ariokot Proscovia, Aguti Juliet, Anako Racheal, Akiriat Merab, Among Pauline, Iyebu Val, Igune Brenda, Nakimbugwe Bridget and Olungura Victoria  who were supervised in the project by Ms. Mirriam Achieng and Ms. Monica