Article

Historical Continuum of Journal of Land and Rural Studies

4(2) 153–171
Land Rights in Uganda:  2016 Centre for Rural
Studies, LBSNAA

A Review of Land Tenure SAGE Publications

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DOI: 10.1177/2321024916640069
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for Improving Tenure

Security

Samuel B. Mabikke1

Abstract
Millions of people around the world face difficulties related to the land where
they live, work, grow crops, tend animals and run businesses. Even though
they or their families may have lived on the land for many years, it is a serious
obstacle that they have no formal relationship to it (UN-Habitat, 2012, Handling
land: Innovative tools for land governance and secure tenure, Nairobi, Kenya: United
Nations Human Settlements Programme). Competition for land is intensifying
because of rapid population growth, unregulated urbanisation, land conflicts,
climate change, food, water and energy insecurity among others. Coupled by
historical injustices and unlawful evictions, many people particularly in developing
countries are becoming landless. Although many countries have completely
restructured their legal and regulatory framework related to land and they
have tried to harmonise modern statutory law with customary ones, millions
of people around the world still have insecure land tenure and property rights
(UN-Habitat, 2014, Land tenure security in selected countries. Synthesis Report,
Nairobi, Kenya: United Nations Human Settlements Programme). It is now well
recognised that secure land and property rights for all are essential to reducing
poverty, because they underpin economic development and social inclusion (UN-
Habitat, 2008, Secure land rights for all, Nairobi, Kenya: United Nations Human
Settlements Programme/Global Land Tool Network). Uganda like many other
countries has embarked on massive reforms to improve land tenure security.
The development of a computerised land information system, decentralisation
of land governance and development of national land policy are included among

1
Land and GLTN Unit, Urban Legislation, Land and Governance Branch, Nairobi, Kenya.

Corresponding author:
Samuel B. Mabikke, Land and GLTN Unit, Urban Legislation, Land and Governance Branch, Nairobi 0010,
Kenya.
E-mails: [email protected]/[email protected]

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154 Journal of Land and Rural Studies 4(2)

the many efforts (Ahene, Nsamba-Gayiiya, & Satana, 2013, Land sector strategic
plan, 2013–2023, Kampala, Uganda: Ministry of Lands, Housing and Urban
Development). Despite tremendous efforts, land tenure insecurity persists in the
country. This article provides a review of land ownership and existing initiatives
to improve tenure security in Uganda.

Keywords
Land tenure, tenure security, continuum of land rights, land reforms, land title

Introduction
Land tenure systems are a product of historical and cultural factors and they reflect
the relationships between people, society and land (Payne, 2002). This notion has
become the background against which land tenure has been defined and approached
on a practical level. This paper adopts a working definition of land tenure as ‘[…]
the relationship, whether legally or customarily defined, among people as
individuals or groups, with respect to land and associated natural resources’ (FAO,
2002). Land tenure comprises the habitual and/or legal rights that individuals or
groups have to land, and the resulting social relationships between the members
of the society (Kirk, Löffler, & Zimmermann, 1998).
Although no single form of tenure can meet the different needs of all social
groups, recognition of a range of land tenure options can enable both women and
men from all social groups to meet their changing needs over time (UN-Habitat,
2008). Land tenure systems differ across Uganda and tenure practices are a
mixture of traditional practice, colonial regulations and post-colonial legislation
(Kamanyire, 2000). Land tenure rules define the rights and duties of individuals
with respect to each other in their use of property, the rules of access to land and
the nature of specific rights such as use, transfer, inheritance, rental or use as
credit collateral (Barrows & Kisamba-Mugerwa, 1989).
Land tenure systems define the manner in which property rights are to be
allocated within societies. In simple terms, land tenure systems determine who
can use what resources for how long, and under what conditions (FAO, 2002,
p. 7). Each tenure system includes special forms of property rights distribution,
diverse levels of tenure security to members, and different actors determining
land allocation, control and transfer (ibid.). Land tenure security, on the other,
had refers to the degree of confidence that land users will not be arbitrarily
deprived of the rights they enjoy over land and the economic benefits that flow
from it (UN-Habitat, 2008). Tenure security creates incentives for land users to
invest labour and other resources to improve and maintain the productivity of
farms, the quality of dwellings and the value of land and property (ibid.).
People with insecure tenure face the risk that their rights to land will be
threatened by competing claims, and even lost as a result of eviction (van
Bueren, 2010). FAO (2002) affirms that without security of tenure, households
are significantly impaired in their ability to secure sufficient food and to enjoy
sustainable rural livelihoods. The degree of land tenure security varies across the

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Mabikke 155

different tenure systems. Land tenure security is partly a matter of perception, and
can be safeguarded under various forms, provided the rights of land users and
owners are clear (UN-Habitat, 2008).
In addition to formal titles, tenure security can be achieved through clear,
long-term rental contracts or formal recognition of customary rights and informal
settlements, with accessible and effective dispute mechanisms (ibid.). The range
of possible forms of tenure can be considered as a continuum. The global land
community has accepted that individual land titling on its own cannot deliver
security of tenure to the majority of people in the world and as quickly as needed
and that a continuum of land rights needs to be adopted by countries (Zevenbergen,
Augustinus, & Bennett, 2012). Each continuum provides different sets of rights
and degrees of security and responsibility. The historical continuum of land
rights in Uganda shows that land tenure systems are presently going through a
rapid transformation and or reform process following the colonial interventions
and the wave of independence, the breaking down of the socialistic block and
democratisation and divestiture (Kirk, 1999). A review of historical dynamics of
land tenure systems is paramount for subsequent understanding of land ownership
and tenure security in Uganda (Figure 3).

Evolution of Land Tenure Systems in Uganda

Land constitutes the main capital that is available to the people of Uganda. About
50 per cent of households’ wealth in Uganda is held in the form of land and land
provides the majority of employment opportunities (UBOS, 2010). Majority of
Uganda’s population is employed in the agricultural sector. Although the
contribution of agricultural sector to the national gross domestic product (GDP)
has been declining, the sector continues to play a critical role in Uganda, employing
around 82 per cent of the national workforce, according to the latest household
survey of 2012/13, and is still responsible for generating over a fifth of Uganda’s
GDP (Kintu-Oling, Rwabizambuga, & Warren-Rodrigue, 2014).
Land being the main factor of production, insecurity of tenure adversely
impacts on agricultural development. Under conditions of increasing land scarcity
due to commercialisation of agriculture and increasing population density, tenure
rules evolved to increase individual rights at the expense of group rights in many
African settings (ibid.). Uganda as a country has gone through different land
reforms in terms of land tenure from before the colonial era to date (Wabineno-
Oryema, 2014). Figure 1 illustrates the historical continuum of land rights from
pre-colonial era to date in Uganda.

Customary Tenure in Pre-colonial Period (Before 1894)

Before the Uganda became a British Protectorate in 1894, all land in the entire
country was held under customary tenure systems. In customary African systems,
no-right was rare because customary systems generally guaranteed access to land

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Figure 1: Historical Continuum of Land Rights in Uganda
Source: Author (adapted from UN-Habitat/GLTN, 2008).
Mabikke 157

through membership in a social, usually kinship, group (Bruce, 1988).Customary

tenure rules were well adapted to conditions of plentiful land and scarce labour,
guaranteeing that the scarce factor of production (labour) had access to as much
complementary input (land) as needed (Barrows & Kisamba-Mugerwa, 1989).
Traditionally, people considered customary tenure as a medium that defines
and binds together social and spiritual relations within and across generations
(Njonjo, 2002). This notion applies in many African countries where ‘land
belongs to the vast family of whom many are dead, few are living, and countless
members are still unborn’ (Lawrence, 1966).
In Uganda, diverse forms of customary tenure systems existed before the
advent of colonialism until the signing of the 1900 Buganda Agreement with
the British (Mukwaya, 1953). Prior to the 1900 Buganda agreement, traditional
land rights were governed through unwritten customary rules and norms which
were orally passed on from generation to generation. Land rights and ownership
varied among different ethnic groups all over the Uganda although customary
tenure predominates in the northern, eastern, as well as the West Nile subregions
(Kamanyire & EPRC, 2000). In Buganda Kingdom, individuals’ rights to land
were gained through either descent group membership, political position, or both
(Barrows & Kisamba-Mugerwa, 1989). Usufruct was allocated by both clan heads
and by chiefs who were appointed by the Kabaka (king) and could be removed or
transferred at will (West, 1965).
Customary tenure rights varied from place to place; however, scholarly
researches have indicated that whatever the differences, none of the communities
in Uganda recognised individual ownership of land (Rugadya, 1999). Land
was basically held under a ‘bundle of customary rights’. There was, however,
recognition of various individual rights to possess and use land subject to sanction
by the family, clan or community (ibid.). The clan or family had the right to settle
land disputes within its jurisdiction, exercise the option to buy any land offered
for sale by its members, prohibit the sale of clan land to ‘undesirable’ buyers, and
declare void any land transaction which it had not approved (Roth, Coelrne, &
Kisamba-Mugerwa, 1993).
Customary tenure is the predominant land tenure system in Uganda accounting
for 80 per cent of land in Uganda. According to the Uganda National Land Policy,
customary tenure is often associated with three problems: (a) it does not provide
security of tenure for landowners; (b) it impedes the advancement of land markets
and (c) it discriminates against women (Ministry of Lands, Housing and Urban
Development, 2013). Despite the several attempts to formalise customary tenure,
the Ministry of Lands, Housing and Urban Development (MLHUD2) in Uganda
affirms that customary tenure continues to be regarded and treated as inferior in
practice, to other forms of registered property rights, denying it opportunity for
greater and deeper transformation (ibid.).
While the 1998 Land Act can legislate for the conversion from customary land
to freehold, it cannot legislate for the cessation of customary practices and cultural

2
See National Land Policy, Section 4.3 para 38.

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158 Journal of Land and Rural Studies 4(2)

beliefs about land which may take a long time to change in Uganda (Mwebaze,
1999). The opportunity to convert a customary tenure to freehold without the
reverse option being possible clearly indicates the inferior status of the customary
tenure (ibid.). The Ministry (Ministry of Lands, Housing and Urban Development,
2013) continues to assert that customary tenure is assessed as lesser regarding
dispute resolution and mediation compared to the statutory system. It is assessed
as lesser to other tenures that have titles for proof of ownership in courts of law in
the administration of justice (ibid.).

Land Tenure Systems in The Colonial Era (1894–1962)

During the colonial period, the British made several attempts to formalisation of
customary tenure in Uganda. According to Batungi (2008), the British colonial
administration believed that industrialised farming was better than small-scale
farming, and that large-scale farming was the only way through which the Uganda
Protectorate could achieve economic viability and self-sustainability. Since large-
scale agricultural farms could only be established by foreigners, the protectorate
had to alienate secure agricultural land to the foreigners and this necessitated the
introduction of formal private land ownership by registered title (Batungi, 2008).
The British Administration hence introduced three new forms of land tenure
namely Leasehold, Freehold and Mailo Tenure (Olanya, 2011). For the rest of
Uganda, all land was declared ‘crown land’—vested in the Queen of England
where the British became holder of the radical title and proceeded to give limited
number of freehold estates to individuals and corporations (Nkioki, 2006).
Customary land tenure was recognised but within limits (Mugambwa, 2007).
Under the Crown Lands Ordinance3 of 1903, indigenous Ugandans had a right
to occupy any land (outside the Buganda Kingdom and urban areas) not granted
in freehold or leasehold with prior license or consent in accordance with their
customary law (ibid.).

Leasehold Tenure System in Uganda

According to the 1998 Land Act, leasehold land tenure means the holding of
land for a given period from a specific date of commencement, on such terms
and conditions as may be agreed upon by the lessor and lessee (Government of
Uganda, 1998). There are two types of leasehold tenure arrangements, namely
private leases given to individual landlords and official or statutory leases given
to individuals and/or corporate groups under public act terms (Ministry of
Gender, Labour and Social Development, 2010). Private leases granted by a
land owner often require payment of rent, while statutory leases issued by the
Uganda Land Commission (ULC) on public land may be accompanied by
conditions of land use (UN-Habitat, 2015). Therefore the lesser still holds right

3
Section 24(4) of the Crown Lands Ordinance 1903 (repealed)—Republic of Uganda.

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Mabikke 159

to revoke ownership in case of abuse of leasehold conditions. Under Article

237(5) of the 1995 Constitution, any lease which was granted to a Uganda
citizen out of former public land may be converted into freehold (Government
of Uganda, 1995). However, the National Land Policy cautions that leaseholds
granted out of former public land without any customary rights should not be
converted to freehold, since the land was not customarily owned at the time of
grant of the lease and should continue to run as leaseholds, with the citizens of
Uganda keeping the reversionary interest (Ministry of Lands, Housing and
Urban Development, 2013).

Freehold Land Tenure System in Uganda

According to the Government of Uganda (1998), freehold land tenure means the
holding of registered land in perpetuity subject to statutory and common law
qualifications the incidents of which are described in Section 3 of the 1998 Land
Act. Native freehold tenure was granted to the Kingdoms of Toro and Ankole in
Western Uganda as a result of the 1900 Toro Agreement, 1901 Ankole Agreement
and the Bunyoro Agreement of 1933. By these agreements the Kingdoms committed
themselves to British protection and became part of the Uganda Protectorate. The
terms of the tenancy between the tenants on this land and the titleholders were not
negotiable and were fixed by law in 1937. The incidents of freehold tenure, which
are basically standard, include the conferment of a full power of disposition, and
compulsory registration of title in perpetuity (Mabikke, 2014).
It is clear that public policy regards freehold as the property regime of the future,
to the extent that current law provides for conversion from leasehold tenure or
customary tenure to freehold (Ministry of Lands, Housing and Urban Development,
2013). This stipulation is contentious in some areas of the country. Where it has been
tested, it has been expensive, as it requires substantial resources for adjudication,
consolidation, and registration. In some instances, freehold poses challenges to
public regulation since its covenants are not conditional (ibid., p. 19).

Mailo Land Tenure System

The term ‘mailo land tenure’ means the holding of registered land in perpetuity
and having roots in the allotment of land pursuant to the 1900 Uganda Agreement4
and subject to statutory qualifications, the incidents of which are described in
section 3 of the 1998 Land Act (Government of Uganda, 1998). The Uganda
Agreement of 1900 dealt largely with political and military issues but Article 15
fundamentally changed Buganda land tenure by creating a form of freehold
tenure for political notables (West, 1972). Land was allocated in square mile
blocks-hence the term mailo (Barrows & Kisamba-Mugerwa, 1989) (Table 1).
Article 15 of the agreement carried the land settlement clauses, under which the

4
The 1900 Uganda Agreement is commonly referred to as the Buganda Agreement.

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160 Journal of Land and Rural Studies 4(2)

Table 1: Distribution of Mailo Land Tenure

Approximate
Size of Land
Land Re-distribution Category (Square Miles)
The Kabaka (King), and members of the royal family as Official Mailo 958
Buganda chiefs (about 1,000) the majority of which were already in 8,000
their possession as Private Mailo
The land set aside for existing Buganda government stations 50
Land granted to three missionaries 92
Land set aside for forest reserves 1,500
‘Waste’ and uncultivated land that was vested in the Queen of England 9,000
Total area (Buganda Kingdom, including the ‘lost counties’ of Buyaga 19,600
and Bugangaizi)
Sources: Compiled based on Kiwanuka (1971), Barrows and Kisamba-Mugerwa (1989) and Batungi
(2008).

approximately 19,600 square miles of Buganda land was divided between the
Kabaka and his officials on one hand and the protectorate government on the
other (Kiwanuka, 1971). This land included that of the ‘lost counties’ of Buyaga
and Bugangaizi, which had been forcefully removed from the Bunyoro Kingdom
with the help of the British colonial administration (Batungi, 2008). As a result
of the 1900 Uganda Agreement, peasants5 forcefully became tenants to the
mailo landlords.
According to the African Studies Centre (n.d.), the British commissioner
of Uganda in 1900, Sir Harry H. Johnston, had orders to establish an efficient
administration and to levy taxes as quickly as possible. Johnston approached
the chiefs in Buganda Kingdom with offers of employment in the colonial
administration in exchange for their collaboration (ibid.). Mailo land tenure was
divided into two categories: (i) Official mailo which was allocated to the Kabaka
(king) and high officials including members of the royal family and (ii) Private
Mailo which was allocated to political officials-majority of whom were chiefs.
In the case of official Mailo, grants of land were attached to specific offices
in the Buganda government. They could not be subdivided or sold but passed
intact from original office holder to his successor (Kamanyire & EPRC, 2000).
In private Mailo, the owner held rights in the land akin to those of freehold and
could dispose of land as he wished (ibid.).

Crown Land Ordinance, 1903

The 1902 Uganda Order in Council and the 1903 Crown Land Ordinance declared
all land in Uganda to be ‘Crown land’, legally vesting ownership in the Crown
while the rights of African were protected. Crown land, however, excluded land
5
Peasants are also referred to as tenants or ‘kibanja’ holder.

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Mabikke 161

allocated to chiefs under the agreements signed with leaders in the kingdoms of
Buganda, Ankole, Toro and Bunyoro (Olanya, 2011). According to Mukwaya
(1953), it appears that Sir Harry Johnston’s original intention was, after giving the
King and the chiefs estates of ‘a fair size’, to secure control of the rest, part of
which was to be placed under the control of a Board of Trustees, and the other part
under the control of the Crown for free disposal. Under the Crown Land Ordinance,
native Ugandans had a right to occupy any land (outside the Buganda kingdom
and urban areas) not granted in freehold or leasehold without prior license or
consent in accordance with their customary law (Mugambwa, 2007). Under the
above ordinance some few grants of freehold were made to non-natives till all
sales in freehold were suspended by order of the Secretary of State in 1916
(Mukwaya, 1953).

Registration of Land Titles Ordinance, 1908

In 1908 a short Registration of Land Titles Ordinance was enacted and this
therefore covered the registration of the first mailo land title issued in 1909 (ibid.).
Mukwaya widens the debate over mailo land ownership and highlights that the
first instance provisional certificates were issued to all mailo owners whose
allotted claims had been roughly marked out on actual ground (ibid.). Mukwaya
continues to assert that in the event of sale or gift a certificate of ownership was
normally issued by the Lukiiko as an instrument of transfer (ibid.). This was a
provisional measure based on what is known as the Torrens system (ibid., p. 18).

Busuulu and Envujjo Law, 1928

The relationships between the mailo owners and the peasants were not defined in
either the Uganda Agreement 1900. A new situation, not provided for by law or
custom, arose with the introduction of cotton as an economic crop especially after
the 1914–1918 war when the price of cotton rose to Sh. 33/- per 100 lbs. The
peasants began to derive economic gain from their holdings and the mailo owners
began to exploit the peasants for economic reasons (Mukwaya, 1953). As a result,
the Busuulu and Envujju Law of 1928 were enacted to protect the rights of the
peasants. The 1928 Busuulu and Envujjo Law specified respective rights and
duties of both the Mailo owner and tenant ‘kibanja’ holder (Olanya, 2011).

Land Reform Decree, 1975

In 1975, a Land Reform Decree was issued by President Idi Amin and vested all
land in government, to be held in trust for the people of Uganda (Barrows &
Kisamba-Mugerwa, 1989). With immediate effect the Decree abolished all forms
of mailo and freehold, transforming mailo owners into leasees of the state and
mailo tenants into sub-leasees. More specifically, the mailo tenant became a sub-
leasee-at-sufferance with respect to the former mailo owner, meaning that tenants

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162 Journal of Land and Rural Studies 4(2)

became subject to involuntary eviction (ibid., p. 10). By virtual of the decree

abolishing mailo, the Busuulu and Envujjo law remained ineffective.
All (public) land vested in the government was to be administered by the ULC.
Access to land was only based leasehold tenure and all leases were administered
by the ULC (Olanya, 2011). The Decree was not widely implemented due to
political and military unrest and mailo owners, tenants and customary holders
continued to use land under much the same rules as applied prior to 1975 (Barrows
& Kisamba-Mugerwa, 1989).

1995 Constitution and 1998 Land Act

The 1995 Constitution of Uganda, however, repealed the Idi Amin Land Reform
Decree and made radical changes in state land. Article 237(1) of the 1995
Constitution, states that land belongs to the citizens of Uganda, making Uganda,
one of the few States in Africa, to vest the ultimate ownership of land, as property,
in its citizens (Ministry of Lands, Housing and Urban Development, 2013). The
Constitution (1995) and 1989 Land Act restored the four historic land tenure
systems—leasehold, freehold, mailo and customary (Government of Uganda,
1995, 1998). Article 239 of the 1995 Constitution and Section 49 of the 1998
Land Act, Cap 227 mandates the ULC to hold and manage any land in Uganda
which is vested in or acquired by the government in accordance with the
Constitution and where applicable, hold and manage any land acquired by the
Government abroad, except that the Commission may delegate the management
of such land to Uganda’s Missions abroad (ibid.). For the first time, customary
land tenure became recognised under statutory law.
The 1995 Constitution and 1998 Land Act provides tenure security for lawful
or bona fide occupants of mailo land provided they pay to the landlord a nominal
ground rent6 fee. Lawful occupant is defined by the 1989 Land Act as: (a) a
person occupying land by virtue of the repealed—(i) Busuulu and Envujjo Law
of 1928, (ii) Toro Landlord and Tenant Law of 1937, (iii) Ankole Landlord and
Tenant Law of 1937; (b) a person who entered the land with the consent of the
registered owner, and includes a purchaser; or (c) a person who had occupied land
as a customary tenant but whose tenancy was not disclosed or compensated for
by the registered owner at the time of acquiring the leasehold certificate of title
(Government of Uganda, 1998).
A bonafide occupant, on the other hand, is a person who before the coming
into force of the Constitution-had occupied and utilised or developed any land
unchallenged by the registered owner or agent of the registered owner for 12
years or more; or had been settled on land by the Government or an agent of the
Government, which may include a local authority (ibid.). However, the definition
of rights accorded to bona fide occupants in the 1989 Land Act (Cap 227) and
all the subsequent amendments lack legitimacy on part of the land owners. The

6
Nominal ground rent was set at UGX 1,000 (less that US$ 0.40) per annum regardless of the size,
type and location of land

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Mabikke 163

Land (Amendment) Act 2010 grants statutory protection to the bona fide and
lawful holder and his or her successors against any arbitrary eviction as long as
the prescribed nominal ground rent is paid. However, the nominal ground rent
provided for, as opposed to economic rent is largely ignored, creating a land use
deadlock between the tenants and the registered land owner, leading to conflicts
and many times evictions (Ministry of Lands, Housing and Urban Development,
2013). Figure 2 illustrates the geographical distribution of the different land tenure
systems in Uganda.

Figure 2: Distribution of the Different Land Tenure Systems in Uganda7

Source: Statistical Abstract, vol. 1, Ministry of Lands, Housing and Urban Development (2010).

7
The map is not drawn to scale.

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164 Journal of Land and Rural Studies 4(2)

Status of Land Tenure Security in Uganda

Land tenure is under transition in Uganda. Policy interventions, population
growth, oil discoveries and land acquisitions from national and international
investors contribute to this transition (Ravnborg, Bashaasha, Pedersen, &
Spichige, 2013). According to the recently released Uganda National Land
Policy, the vast majority of Ugandans may not be able to afford the cost of
formally securing land rights under any of the tenure regimes recognised by law
(Ministry of Lands, Housing and Urban Development, 2013). Land rights
delivery mechanisms and agents alone, cannot be entrusted to guarantee tenure
security to land users, especially the vulnerable (ibid., p. 31). According to the
National Development Plan (NDP) 2010/2011–2014/2015, the ambiguity of
the different systems of land ownership complicate access to land especially for
those that may want to use it as a factor of production (Government of Uganda,
2010). Lack of access to land and the fear of eviction epitomise a pervasive
exclusion of poor people from mainstream social, economic and civic
opportunities, especially women (UN-Habitat, 2014).
In Uganda, majority (95 per cent) of land owners do not have land titles to
guarantee their security of tenure (Government of Uganda, 2010). The problem
of accessing land titles is compounded by bureaucracy, manual operations,
corruption, low level of funding to the sector, legal and regulatory constraints,
attitude, culture, squatters, historical issues, shortage of relevant skills such as
land surveying and many other related problems (ibid., p. 161). Ravnborg et al.
(2013) caution that although land titles and other ‘conventional’ written tenure
documentation may contribute to bolster the perception of tenure security, they
are just one among many elements which in combination shape the perception of
tenure security (Ravnborg et al., 2013).
In developing countries, conventional ways to manage and administer land
have a history of failing to deliver what is expected of them, that is, secure tenure,
fairness and broad coverage at a price that is affordable for both landholders
and governments (UN-Habitat, 2012). The Global Land Tool Network (GLTN),
whose Secretariat is hosted by UN-Habitat, recognises that security of tenure for
the poor can best be improved by recognizing a range of types of land tenure
beyond individual titles (UN-Habitat, 2014). The current thinking focuses on
a ‘continuum of land rights’ that is being promoted and increasingly accepted
worldwide (ibid.).
At one end are formal land rights, where the owner is an individual, who
holds a set of registered rights to a parcel of land that are enshrined in law: the
parcel is delineated on a map held in a record office; the owner has the right to
occupy the land, build on it (subject to approvals), sell it, rent it out, transfer
it to his or her heirs, and prevent other people from coming on to it (Lemmen
et al., 2015). At the informal end of the continuum are informal rights: a group
of individuals (such as a clan) may have traditional rights to use a piece of land
(UN-Habitat, 2012). The boundaries of the land may not be clearly marked on

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Mabikke 165

Figure 3: Continuum of Land Rights

Source: UN-Habitat (2012).

the ground or on a map, and there may be no official paperwork certifying who
owns or has what rights to the land (ibid.). UN-Habitat (2012) further explains
that in between these two extremes are a wide range of rights. Rights on the
continuum are multi-layered and complex: In reality, the rights do not lie on a
single line, and they may overlap with one another. Tenure can take a variety of
forms, and ‘registered freehold’ (at the formal end of the continuum) should not
be seen as the preferred or ultimate form of land rights, but as one of a number
of appropriate and legitimate forms (ibid.).

Approaches for Improving Tenure Security in Uganda

Most reforms for improving land tenure security in Uganda emanated from the
1995 Constitution. The Constitution has a number of provisions on land
administration and management. For instance, one of the 1995 Constitution
provision was to put in place the Land Act within 2 years of coming into force of
the Constitution. The Land Act was therefore enacted in 1998. Although the spirit
of the 1998 Land Act was to ensure a fully decentralised Land Administration and
Management system in Uganda, the Land Act created a massive implementation
structure—which was very difficult to implement.

Land Sector Strategic Plan

After a review of the 1998 Land Act, a 10-year Land Sector Strategic Plan (LSSP)
was developed. According to Ahene, Nsamba-Gayiiya and Satana (2013), a
number of strategies were adopted under the LSSP to review the policy and legal
framework, protect rights of vulnerable groups, and improve land services delivery
through modernisation of the land registry, support decentralised Land
Administration institutions among other things. Some of the activities implemented
under the LSSP included development of a National Land Policy and Land Use
Policy, review of the legal framework, survey of some Government land,

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166 Journal of Land and Rural Studies 4(2)

implementation of the land fund, provision of Public Information on land rights,

development of strategies for protection of rights of vulnerable groups (including
women, children, disabled, etc.) and supporting alternative land dispute resolution
(through Land Tribunals, Local Council Courts).
With only 20 per cent of the land formally demarcated and registered, one of
the cornerstone activities under LSSP-II is to embark on a nationwide Systematic
Land Demarcation and survey program that will formally title the remaining 80
per cent of the land, mostly under customary tenure system by the end of the
2040 Vision period. Together with the computerisation of the land registration
system and a more proactive emphasis on proper land use planning and effective
land management, the LSSP-II will ensure that all future land transactions for
development and human settlement occurs within the framework of zoning
laws and with minimum distortion (Ministry of Lands, Housing and Urban
Development, 2014). In this regard, the LSSP-II remains the most holistic, strategic
and operational framework for addressing institutional inertia and reforms aimed
at encouraging efficient and sustainable utilisation of land assets through multi-
sectoral interventions.

Modernisation of the National Land Registry

The modernisation of the national land registry involved both short- and long-
term interventions. Short-term interventions focussed on basic computerisation
while long-term interventions were done through comprehensive computerisation
involving development of a land information system (LIS). The short term
interventions involved sorting, reorganisation, reconstruction, and indexing and
data entry for the Kampala Mailo Land Registry database (170,438 titles and
569,636 instruments) which was completed in May 2009 (Oput, 2015). The
Kampala Mailo Land Registry (handling Kampala, Wakiso and Mpigi Districts)
was able to reduce the time taken to complete a title search from more than 15
days to between one to five working days. The process also helped to eliminate a
backlog of unprocessed land registration transactions and registration of mortgages
to banks and other financial institutions reduced from one week to three working
days. This short-term intervention has contributed to improvement of ranking in
the Cost of Doing Business for Registering Property (ibid.).

Development and Implementation of a National Land

Information System
The development of the national LIS involves three phases. Phase I completed in
October 2007 focused on baseline study, preliminary design of the LIS and the
strategy for securing of land records (Oput, 2015). Phase II of the LIS was
completed in February 2010 and involved detailed design, installation and pilot
implementation. Phase III will focus on LIS roll-out and decentralisation of
cadastral information to include 15 more Zones. A cadastral zone represents a
service area within which clients will conduct business with a larger land office to

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Mabikke 167

Figure 4: Cadastral Zones and Corresponding Administrative Districts

Source: Ahene et al. (2013).

facilitate service provision and minimise the costs of establishing Land Offices in
each district. Consolidation of services brings economies of scale whilst
maintaining a decentralised land administration structure for the country (Ahene
et al., 2013) (Figure 4).
However, the existing institutional arrangement for land administration has
structural weaknesses. Major among these impediments is the chronic under
funding and under investment in the lands sector. A newly re-structured institutional
arrangement has been prepared as part of the LIS strategy for the delivery of
land services. This includes new buildings to establish six Ministry Zonal Offices
(MZOs) within the existing decentralised land administration arrangement, the
creation of the National Land Information Centre, and the establishment of the
Land Records Storage and Archival Centre (Oput, 2015).
The LIS roll out to 21 MZOs is based on the need in Uganda to replace
the archaic manual land registration system and to provide more reliable land
information, cost effectively to support decision making (ibid.). With financial
support from the World Bank, the Design, Supply, Installation, Implementation
of the Land Information System and Securing of Land Records (DeSILISoR)
Project aims at contributing to the establishment of an efficient land
administration system in Uganda in order to facilitate and improve the delivery
of basic land services to the population and improve land tenure security (Ahene
et al., 2013).

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168 Journal of Land and Rural Studies 4(2)

Development and Implementation of the National Land Policy

Extensive nationwide consultations in 2007/08 resulted in the development and
approval of a comprehensive national land policy (NLP) by government on 7
February 2013, with funding provided through the Land Component of the
Second Private Sector Competitiveness Project (PSCP-II). The Uganda National
Land Policy provides as a framework for the development and use of Uganda’s
land resources for the next decade. Its goal is ‘to ensure efficient, equitable and
optimal utilization and management of Uganda’s land resources for poverty
reduction, wealth creation, and overall socio-economic development’ (Ministry of
Lands, Housing and Urban Development, 2013). The Uganda National Land
Policy 20138 draws its policy principles and strategies from the 1995 Uganda
Constitution, Vision 2040 and the National Development Plan 2010–2015. The
Vision of the National Land Policy is ‘a transformed Ugandan society through
optimal use and management of land resources for a prosperous and industrialized
economy with a developed services sector’ (ibid.).
The Ministry of Lands, Housing and Urban Development has outlined five major
steps necessary for successful implementation of the NLP. These steps include
designing a realistic and achievable implementation plan; ensuring a high level of
political commitment; maintaining continuous public ownership and acceptance
of the main elements of the policy; identifying those components of the policy
which must be legislated and the preparation of instruments and development of
structures and procedures for the management of those components and finally
domesticating relevant regional and international commitments.
An Implementation Action Plan (IAP) for the NLP has been established. The
IAP calls for a collection of start-up and enabling actions as early investments
in management, administration, technical design and oversight, and monitoring
and evaluation expertise to be done early in the implementation process and
then sustained over the coming years (Ministry of Lands, Housing and Urban
Development, 2015). These actions are critical to proper design of the activities
and to efficient implementation.

Conclusion
Land tenure is an institution where rules are developed or newly invented by
societies to regulate behaviour regarding land related issues. It is evident that
Uganda’s land tenure systems have been evolving over time under different
political regimes which develops new rules or invent the existing rules to suite its
political strategy and regulate public behaviour. The historical continuum of land

8
The Uganda National Land Policy (NLP) was approved by Cabinet in February 2013. The NLP
recognises land as the primary foundation for socio-economic development and transformation and
provides a framework for land tenure management and a land governance regime to tackle the
challenges associated with land governance in Uganda.

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Mabikke 169

rights evidently shows that each political regime in Uganda has come with new
land reforms. The Colonial Era (1894–1962) saw the British introducing new
land tenure systems that suited their political interests. The dictatorial period
of President Idi Amin introduced the Land Reform Decree (1975) which gave the
President central powers to control land. With the coming of democracy in
President Museveni’s regime, the 1995 land reforms simply reinstated all the land
tenure systems introduced in the colonial times and legalised for the first time
customary tenure. It is important to note that land in Uganda is the central source
of all political power.

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