2009年-世界发展银行全球_Uganda_-_Post-Conflict_Land_Policy_and_Administration_Options___The_Case_of_Northern_Uganda_111页_1mb

Summary of Uganda Post-Conflict Land Policy and Administration Options - The Case of Northern Uganda

Core Content

This document presents a comprehensive analysis of land policy and administration challenges in Northern Uganda, particularly focusing on the return of Internally Displaced Persons (IDPs) and the implications for land rights, tenure security, and dispute resolution. The study was conducted by the World Bank in collaboration with local experts and aimed to inform the Peace, Recovery and Development Plan (PRDP) and the National Land Policy (NLP).

The research was carried out in two phases, with the second phase conducted in 2007 in the Lango and Acholi regions. It builds on the findings from the first phase, which focused on the Teso region. The study highlights the complexities of land management in post-conflict settings and the urgent need for policy reforms to address land-related issues effectively.

Key Findings

• IDP Return Process: The return of IDPs to their original homes varied significantly. In Lango, about 92% had returned, while in Acholi, only 5% had returned at the time of the survey.
• Tenure Security: Over 85% of respondents experienced threats to their tenure security, with 59% perceiving these as significant. Land disputes increased over time, from 12.8% at displacement to 16.4% on return.
• Public Knowledge on Land Rights: There was a general lack of awareness about the 1998 Land Act (LA), with less than 15% of the surveyed population knowing about it. Misgivings about the government's intentions towards land were widespread, especially in Acholi (48%) compared to Lango (44%).
• Land Conflicts and Disputes: Disputes were common, particularly over abandoned land, inherited land, and gifted land. Boundary disputes were the most prevalent, with a rate of 23% overall, increasing to 25% as return began.
• Land Administration Institutions: Both statutory and traditional institutions were found to be non-functional or under-resourced, leading to a lack of effective dispute resolution mechanisms.
• Extremely Vulnerable Individuals (EVIs): Female-headed households, child-headed households, widows, orphans, and other vulnerable groups were not adequately served in the return process and required special attention.
• Policy and Legal Frameworks: Existing policies and laws, including the NPIDP and draft NLP, were insufficient to address land issues related to IDP return, especially in areas of restitution, resettlement, and compensation.

Key Recommendations

1. PRDP Integration

• The recommendations from this study should be incorporated into the PRDP to ensure effective rehabilitation and reconstruction of Northern Uganda.
• The PRDP must address land issues comprehensively, as land is central to development and stability in the region.

2. Immediate Actions

• Cultivate Trust: Implement Information, Education, and Communication (IEC) strategies to inform the public about land policies and rights, and to address concerns about government intentions.
• Suspend Land Titles: Temporarily suspend the issuance of land titles to investors and others in rural Acholi until IDP return is completed and sensitization on land rights has occurred. Lango may be exempt due to its relatively secure status and completed return.
• Establish Claims Processing Units: Set up Parish Development Committees to handle claims for compensation and resettlement, with verification at the parish level and referral to the District Disaster Management Committee (DDMC).

3. Tenure Security

• Codify customary tenure to enable its use in litigation.
• Allow customary tenure to evolve gradually towards registration.
• Encourage, but not force, certification and registration of land.
• Reform legal processes for registration and certification to prevent misuse in land grabbing.
• Strengthen traditional institutions (clans) for dispute resolution and integrate them into the statutory system where possible.

4. Policy Framework

• Amend the NPIDP and draft NLP to include detailed provisions for resettlement, restitution, and compensation for IDPs.
• Develop a National Resettlement Policy to address the specific needs of returning IDPs.

5. Legal Framework

• Incorporate all matters related to compensation into the Land Acquisition Amendment Bill.
• Harmonize the new Land Acquisition Act with the Land Act to ensure prompt, adequate, and fair compensation.
• Define eligibility for compensation and the basis of assessment in the amendments.

6. Institutional Framework

• Support Informal Institutions: Legitimate informal institutions like clans should be identified and supported for managing post-conflict land disputes.
• Institutionalization of Traditional Systems: Traditional institutions should be institutionalized and regularized, similar to statutory ones, to ensure their acceptability and effectiveness.
• Amend Legal Recognition: The legal framework should be updated to reflect the reality that LC1s are more active in dispute resolution than LC2s.
• Referral of Complex Cases: Complicated land cases should be referred to district-level courts.
• Strengthen Land Administration: All levels of land administration institutions require financial resources and capacity building to deliver basic services, including record-keeping.
• Translate Legal Documents: Legal documents must be translated into local languages to ensure better understanding and use by grassroots institutions.

Conclusion

The study emphasizes the need for a multi-faceted approach to land policy and administration in Northern Uganda. It calls for the integration of customary and statutory systems, the development of targeted policies for vulnerable groups, and the strengthening of both formal and informal institutions to ensure effective land governance and tenure security. The recommendations are designed to support the smooth return of IDPs and the long-term stability and development of the region.