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