Geography Of Developing Countries Land Reform In Uganda Economics Essay

The intent of this paper, as portion of the class Geography of Developing Countries, is to give an overview on land reform in Uganda. The paper will dwell out of two major parts. The first portion will cover the history of land reform in Uganda and the of import Land Act of 1998 ; the 2nd portion will cover the different effects of these land reforms. To reason we will asses the relation between land reform and the development of Uganda.

Two cardinal impressions will be used in this paper: land reform and land term of office. The Food and Agriculture Organization ( FAO ) defines these constructs as follows:

“ Land reform is the generic term for alterations in the legal and institutional model regulating land policy. Land reform is intended to implement alterations in land policy that are designed to gain coveted alterations in a changing political, economic and societal environment. The most common types of land reform are likely those covering with reallocations of land and those redistributing legal rights of ownership. Land reform is constantly a portion of agricultural reform. There is a common perceptual experience that land reform is the privilege of developing and transforming economic systems. The world is that land policy and the legislative and institutional model implementing that policy are invariably altering in all societies as political, economic and societal fortunes change. ” ( FAO, 2003, p. 69 )

“ Land term of office is the relationship among people, as persons or groups, with regard to land. Land term of office is an establishment, i.e. , regulations invented by societies to modulate behavior. Rules of term of office specify how belongings rights to land are to be allocated within societies. They define how entree is granted to rights to utilize, control, and transportation land, every bit good as associated duties and restraints. In simple footings, land term of office systems determine who can utilize what resources for how long, and under what conditions. ” ( FAO, 2002, p. 7 )

Land term of office systems have many different dimensions: economic, proficient, societal, institutional, political, etc.. As in many other developing states it is a important facet of the societal, political and economic constructions in Uganda. The state has a batch of un-utilized and under-utilized land which is mostly fertile and really good for agribusiness. As we will discourse further on, Uganda has different types of land ownership which have developed during the state ‘s history ( ALCON, 2010 ; FAO, 2002 ) .

Study country

The Republic of Uganda is situated in Eastern Africa and occupies 241.547 sq. kilometer. Eighteen per centum of the land is unfastened inland H2O and wetlands ( UNDP Uganda, 2010 ) . Its neighbouring states are Sudan ( north ) , Kenya ( E ) , Tanzania ( South ) , Rwanda ( southwest ) and the Democratic Republic of Congo ( west ) ( Figure 1 ) .

Figure 1: Map of Uganda ( United Nations Cartographic Section, 2003 )

The population of Uganda is estimated to be around 27.4 million and it has a growing rate of +-3.4 % . This is one of the highest in Sub-Saharan Africa. Uganda has many different cultural groups all with their ain imposts and norms. These many different groups are the consequence of the Uganda Protectorate of the British Empire which aggregated a batch of different little lands. The cultural groups, such as Baganda, Basonga and Itseot ( there are more than 20 in sum ) , still play an of import function in the community. The traditional male monarchs or heads do non hold any political power but are of import for the moral physique up ( Bigirwa, 2005 ; Busingye, 2002a ; Kamanyire, 2000 ; UNDP Uganda, 2010 ) .

The economic system of Uganda is in the first topographic point based on agribusiness. The Numberss of people working in this sector vary from paper to paper, largely between 70 % and 90 % . The chief export trade goods are java, baccy and fish. The agricultural export histories for 45 % of the entire export of Uganda. In the past few old ages, the GDP growing rate has been on mean 5 % per annum, the rising prices has the same per centum. When we look at the sum of Ugandans populating under the poorness line we see a lessening over clip, 56 % in 1992 to 31 % in 2006. However there are regional disparities in poorness degrees, e.g. due to conflict ( Northern Uganda ) . Uganda has a policy for a farther lessening in Numberss of people populating under the poorness line ; the authorities tries to increase school registration, to cut down the gender spread in school and to better degrees of literacy ( Bigirwa, 2005 ; Busingye, 2002a ; Kamanyire, 2000 ; UNDP Uganda, 2010 ) .

History of land reform

Uganda has a long history of land reform with different signifiers of landownership. We can loosely split the history in the undermentioned periods: pre-colonial epoch, colonial epoch and post-colonial epoch. The last phase in the history of land reform in Uganda, the 1998 Land Act, will be discussed individually ( see point 3 ) .

Pre-colonial Uganda

Before 1888 was the country, which we now know as Uganda, divided in little lands and a batch of different cultural groups. So there was no individual land term of office system in that country, but a wild assortment of customary term of office. Each cultural group had his ain system, although the large contours were the same ( Tukahirwa, 2002 ; Rugadya, 1999 ) . In the traditional society male monarchs and heads allocated land to members of the community. This was organised around customary norms and patterns. The most of import point was that every individual individual could entree adequate land for his ain subsistence. If a portion of land was non used, it went back to the male monarch or head. Most of the clip land passed from male parent to boy, since line of descent is patrilinear in Uganda ( Lastarria-Cornhiel, 2003 ; Green, 2005 ; Rugadya, 2009 ) . In Uganda, particularly in the semi-arid parts, you could besides happen transhumance being practiced. The entree of land by those people was based on agreements between different kins. In general land was being accessed along their traditional cowss corridor and non because the land was owned by a peculiar community or because there was a specific line of descent ( Lastarrie-Cornhiel, 2003 ) . Individual ownership on the other manus did non be. Rugadya ( 1999 ) states that “ none of the communities in Uganda recognized single ownership of land. There was acknowledgment of assorted single rights to possess and utilize land topic to countenance by his household, kin or community. “ ( Rugadya, 1999, p.3 )

The customary system still exists today, following to other systems like mailo, freehold and leasehold. These systems will be discussed farther on. The major advantage of a customary system is that people know it already for a really long clip ; they know how the system works. The chief disadvantage is that a customary system does n’t bring forth a personal involvement in the conditions of the land resources. When harvest home is over, the people no longer care for their piece of land. Mismanagement and set down debasement can be an consequence of this wont. Another disadvantage is that a customary system does n’t promote record maintaining. When there is a land usage struggle, this can hinder a solution ( E-IWM, 2009 ) .

Colonial Uganda

During the colonial period, the British residents introduced some cardinal alterations sing to set down keeping systems. Three new types of land term of office, which were antecedently unknown, were introduced. In the undermentioned portion we will explicate mailo term of office, freehold term of office and leasehold term of office ( ALCON, 2010 ; Baland at al. , 2007 ; E-IWM, 2009 ; Deininger & A ; Ali, 2008 ; Deininger et al. , 2006 ; Kamanyire, 2000 ; Lastarria-Cornhiel, 2003 ; Mugambwa, 2007 ; Okuku, 2006 ; Rugadya, 1999 ) .

Mailo Tenure

The mailo term of office was the consequence of the 1900 Buganda Agreement or Uganda Agreement. This understanding divided the country of the Kingdom Buganda between the Kabaka ( King ) of Buganda, luminaries and the Protectorate Government ( E-IWM, 2009 ; Okuku, 2006 ; Tukahirwa, 2002 ) . The people who antecedently settled on the land were non recognised in the understanding. Merely after they rioted in 1927 they were recognised. The Busulu ( a fixed one-year payment ) and Envujo ( extra levy per acre ) Law of 1927 specified the rights of the provincials and the mailo proprietors. The name mailo is derived from “ square stat mi ” ; this was the basic unit of a sub-division. In the beginning there were two classs of ownership: private and official mailo ownership. Subsequently on, in 1967, the official mailo ownership was transformed into public land ( ALCON, 2010 ; Baland et al. , 2007 ; Busingye, 2002b ; Deininger & A ; Ali, 2008 ; Deininger et al. , 2006 ; Green, 2005 ; Okuku, 2006 ; Rugadya, 1999 ; Rugadya, 2009 ; Tukahirwa, 2002 ) .

A certification of rubric is issued and land is held in sempiternity when we speak about the mailo system. This system provides a certain sum of security of term of office. Hereby people will do long-run investings, which is good for the preservation of the land. Problems that can originate are absentee landlordism and a deficiency of entree by regulative bureaus, which can restrict sound environmental direction. A job that they face in Uganda is that homesteaders move to mailo land, they can entree it without any job because of absentee landlordism. These homesteaders do non care about the conditions of the land because they do n’t have it. For the authorities it is hard to make up one’s mind what will go on with the land because it ‘s private, regulative bureaus have limited authorization ( Busingye, 2002b ; E-IWM, 2009 ; Kamanyire, 2000 ) .

Freehold Tenure

The freehold term of office system is the consequence of an understanding between the British residents and several Kingdoms ( e.g. Toro Agreement 1900, Ankole Agreement 1901, Bunyoro Agreement 1933 ) . The Kingdoms committed themselves to British protection and a new term of office system was created ( Rugadya, 1999 ; Rugadya, 2009 ; Tukahirwa, 2002 ) . Merely as in the mailo term of office system, land is held in sempiternity and a certification of rubric is issued. In Uganda we find this land term of office system particularly in eastern and western parts. In comparing with the mailo land term of office system, the packages of land in the freehold land term of office system are smaller. But both systems have a batch of similarities, e.g. they have the same environmental direction jobs. In eastern and western Uganda the population force per unit area is higher, ensuing in land atomization. This contributes in a important environmental debasement, but it must be said that specific informations hereof is losing ( ALCON, 2010 ; Busingye, 2002b ; Green, 2005 ; E-IWM, 2009 ) .

Leasehold Tenure

The 3rd system is leasehold land term of office ; in this system you have a lease giver and a leaseholder. The leaseholder pays a certain sum of money to the lease giver and gets sole ownership of the land ( Rugadya, 1999 ) . You have private rentals for single landlords and functionary or statutory rentals for single or corporate groups. In this leasehold term of office system the lease giver can compel certain conditions to the rentals and if necessary he can revoke ownership in instance of maltreatment. The negative points are that rentals are frequently expensive, so the mean Ugandan citizen can non afford this. Environmental concerns are frequently non integrated in the leasehold term of office system ( ALCON, 2010 ; Busingye, 2002b ; E-IWM, 2009 ) .

Post-Colonial Uganda

In the post-colonial period, after 1962, Uganda has made different reforms on belongings rights. The most extremist alteration has happened in 1975 under the absolutism of Idi Amin. The 1975 Land Reform Decree declared all land in Uganda as public land. The freehold and mailo lands were converted into rentals of 99 for persons and 199 twelvemonth for public/religious organic structures ( Baland et al. , 2007 ; E-IWM, 2009 ; Okuku, 2006 ; Tukahirwa, 2002 ) ) .

A 2nd of import minute was 1995, with the Constitution of the Republic of Uganda. The authorities realised that the Reform Decree of 1975 was non to the full implemented. This was caused by a deficiency of budgetary commissariats, opposition by land proprietors, a deficiency of forces, etc. In fact the 1975 Decree did n’t alter much, people still behave as in the pre-Decree period ( Tukahirwa, 2002 ) . The authorities screened the whole land term of office state of affairs and concluded that there was ( E-IWM, 2009, p.2 ) :

“ deficiency of a clear land policy and national physical development program ”

“ land atomization and exclusion of adult females from land ( belongings ) heritage ”

“ unfastened entree to resources under communal land usage ”

“ land debasement due to unsustainable methods of resource usage ”

“ demographic force per unit area taking to encroachment into gazetted countries ”

The Constitution of 1995 tried to upgrade the land term of office state of affairs and convey solutions for a better land term of office system. The authorities decided to recognize the four bing land term of office systems and made some recommendations ( E-IWM, 2009, p.3 ) :

“ all Ugandan citizens having land under customary term of office may get certifications of ownership in a mode prescribed by Government ”

“ land under customary term of office may be converted into freehold ownership by enrollment ”

“ any rental which was granted to a Ugandan citizen out of public land may be converted into freehold in conformity with jurisprudence made by Parliament ”

“ lawful or bona fide residents of Mailo land, freehold or leasehold land shall bask security of tenancy of the land ”