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01-13: Formalizing customary tenure: How to make it work?
8:30am - 10:00am
Session Chair: Margaret Rugadya, Ford Foundation, Uganda
Catalyzing Innovation: Lessons from Uganda: Innovating land governance in predominantly customary settings.
David Betge2, Zeno Pack1, Thorsten Huber1
1GIZ, Uganda; 2ZOA, Uganda
This paper provides practical recommendations and lessons learned to build on the achievements of Uganda’s ongoing land tenure reforms. The authors draw on practical experience with implementing land tenure projects in two different regions of northern Uganda. Their findings are based on recent evaluations of these projects, current literature and the results of ongoing engagements with multiple stakeholders. The article highlights key elements for speeding up the current process of developing a comprehensive land governance system while ensuring its sustainability and taking into account opportunities for innovation.
Land governance is high on the political agenda in Uganda and land is ‘a national priority’. At the same time, the tools, processes and structures needed to register land, including customarily held land are at times unclear or even contradictory. Recent research suggests a strong demand for land registration among communities, but also strong insecurity about the best way to facilitate this.
Evaluation of the land inventory approach for securing tenure of lawful and bona fide occupants on private mailo land in Uganda
Thorsten Huber1, Moses Musinguzi2, Daniel Kirumira1, Pamella Drate1
1Responsible Land Policy in Uganda (RELAPU), GIZ; 2Department of Geomatics and Land Management, Makerere University, Uganda
This paper introduces and evaluates the Land Inventory Approach to improve security of tenure for both landlords and tenants on private mailo Land in Uganda. The approach is a non-authoritative form of adjudication that takes into account the unique features of Mailo tenure and the various arrangements between landlords and tenants on Mailo land. It differs from adjudication because the verification and ascertainment of rights is not authoritative. The approach is based on a realisation that addressing the impasse between registered owners and tenants on Mailo land in a manner that is fair and acceptable to both parties requires appreciation and in-depth understanding of the dynamics on Mailo tenure. To attain such appreciation an inventory of the nature and extent of tenancy rights as well as gathering of other basic information such as opinions of both, landlords and tenants, on preferred long lasting solutions, areas of agreement and areas of conflict, is required.
Land use Policy; implementing the Physical planning Act, in the context of Malawi land reform program implementation
Dr Janet L. Banda, Felix Tukula, Devie Chilonga
Ministry of Lands, Housing and Urban Development, Malawi
The new law regulating land use planning will help in management of physical development national wide. This new law has repealed the old law which in way had specific areas that were subjected to physical planning principles. Since implementation has started through pilots, there is expectation that administration and management of land will improve in the area of land use planning national wide once rolled out.
The role of customary authorities in land administration: Examples from Tanzania and Ethiopia
Maija Hyle, Zerfu Hailu
Often when land policies and land legislation are reformed, the existence of customary authorities is challenged, however, typically in agrarian societies they remain as well although their rules may partly contradict each other. This kind co-existence of customary and statutory authorities can be called legal pluralism. This paper will explore the practices of customary and statutory institutions in land administration in Tanzania and Ethiopia and discuss how customary institutions can to be involved in the formal land administration. The involvement of the customary authorities can as its best make the land administration more transparent, aid in land disputes and conflict situations, bridge the gap between legality and legitimacy and contribute to a practical land administration system but it might challenge the rights of women and vulnerable groups.