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AGNES KIRABO FOOD RIGHTS ALLIANCE UGANDA
Complexities and conflicting systems and structures breeding corruption in Uganda’s land sector AGNES KIRABO FOOD RIGHTS ALLIANCE UGANDA
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BACK GROUND The constitution recognizes 4 tenure systems i.e. Mailo, Free hold, Lease hold and Customary Majority of the land in Uganda is under customary tenure system.(Refer to map
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Land Governance in Uganda
Land is governed by different institutions using different frameworks from the National to local levels. Each with mandate the sometimes crisscross LAND BELONGS TO THE PEOPLE [Constitution Art:
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CORRUPTION Corruption is defined as all actions that constitute abuse of all delegated POWERS to achieve personal gains, (Transparency international, 2017) As a social behavior, corruption is defined as a deviation from the acceptable regular performance for personal or other benefits ( OSL, 2002)
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POWER CORRUPTION Power to Power with Power within Power over
Ability to influence other’s actions In exercise of Power to Power with Power within Power over
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Land governance a haven of co corruption
Evidently, around the globe, where land governance is deficient, high levels of corruption often flourish. Under such a system, land distribution is unequal, tenure is insecure, and natural resources are poorly managed. As a consequence, social stability, investment, broad-based economic growth and sustainable development are
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Corruption in the Land Sector: A case of Uganda
Land governance and administration in Uganda has evolved over time from the precolonial time i.e; The colonial governance system, The post independence era (1975 land decree, constitution 2013 National Land policy). To mitigate corruption in the lands sector, a robust legal frame work was put in place, this included; anti-corruption act, the penal code, the inspectorate of government act 2002, the public finance management act of 2015 and the leadership code act of
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Corruption in the Land Sector: A case of Uganda…………
Despite of these; The land sector in Uganda identified as the most viable form of investment in the economy has suffered the consequences of corruption. Further, Resources accrued from corruption practices have been invested in land sector making the unregulated land market Volatile. This volatility has not grown commensurately to the capacity of the land governance administration systems and structures.
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Unprecedented pressures on land in need to expand
Farm land Real Estate Urbanization Extraction Tourism Infrastructure Industrialization
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The complexities and conflicts in the land administration and governance systems
Policy and Legal framework: The land Act 1989 as amended Four tenure regimes i.e. Freehold, Customary, Leasehold and Mailo tenure. Transitions from customary to freehold,. Multiple rights of both land lords and tenants. The National land policy Recognizes both the informal and formal justice systems.
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Land administration institutions
National Institution Local level administration Local land administration institutions Land Office District Land Board Area Land Committees The Recorder National land admnistration Ministry of Lands Ministerial zone offices
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The complexities and conflicts in the land administration and governance systems
Elaborate procedures to follow Procedure involves documentations filled at different stages Involves meetings for decision making Involves site visiting Involves moving back and forth
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Land justice institutions
Formal systems L.C courts District land tribunals Courts of judicature and subordinate courts. Informal Systems Clan courts Family Courts Ethnic Justice systems (Rwot, Kisekwa..]
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Land Justice institutions
L.C courts, the district land tribunals, the courts of judicature and subordinate courts. Police land desk, land desk in the office of the president, Resident District Commissioner and currently the commission of inquiry into land matters. Forum shopping as people wish to seek for justice or access land services at a shorter time as my be to other services in the market
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Institutional complexities
LC courts Courts Land Justice DLT Clan family Local opinion leaders Where do I begin??? RDC Office of the President Police land division COI Land administration MoLHUD MZOL Land Office DLD ALC The Recorder
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Conclusion More sieves less water but crystal clean
Money and abuse of power is the HOLY solution to complex situations Complexities breed inefficiency and promote corruption Conflict in policy , legal and institutional frameworks are nothing but corruption
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