Proposed new land law sparks public outrage

KAMPALA.

The new proposed amendments to the Land law that seeks to provide for compulsory acquisition of land for government development projects such as roads and other infrastructure have sparked outrage, with sections of Ugandans now accusing the government of trying to grab their land.

The draft proposals midwifed at the NRM retreat in Kyankwanzi late last month, seeks to amend the Land Act, 1998 to ease government take over of private land.

However, the proposals have generated nationwide debate and jitters alike, with the move being interpreted as a manoeuver that will fuel land grabbing and evictions in the country.

Lands minister Betty Amongi early this month revealed that the proposed amendments were premised on the bureaucratic tendencies involved in compensation of the project-affected persons, which tend to stall projects.

Why the ammendments
The amendments, Ms Amongi revealed, are intended to shorten the processes involved by allowing government to start the projects pending negotiations on compensations with the affected persons. She said she will soon table the amendments in Parliament. The minister is expected to address a press conference today on the same matter.

According to Article 273 of the Constitution, all land in Uganda belongs to the people. Article 26(2) stipulates that: “No person shall be compulsorily deprived of property or any interest in right over property of any description except where taking possession is necessary for public use and, or, is made under the law after prompt payment of fair and adequate compensation.

However, different stakeholders sounded out by this newspaper questioned government’s motives to change the current laws to alter the land tenure system.

Retired Kitgum Diocese Bishop Macleod Baker Ochola told Daily Monitor on Tuesday that there is a “hidden agenda” behind the proposal to alter the land law. He noted that the amendments, if passed by Parliament, will leave Ugandans at the mercy of losing out their land to corrupt government officials without being compensated.

Minister Amongi was not readily available for clarification on how far the technocrats in her ministry had gone with the amendments, saying she was in a Cabinet meeting. However, some sources in the Ministry of Lands claimed a draft of the modifications was ready.

The current Land Acquisition Act, 1965 (sec) 226, which govern the compulsory acquisition of land for public purposes, according to John Murungi, an advocacy manager in Fort Portal, has always been very clear.

“It has been succinctly providing the circumstances under which land can be acquired and the compensation accruing thereof. Any shift from it would be a human rights violation of depriving people of their source of livelihood,” he said.

However, sections of the Lands Acquisition Act, which was last amended in 1970, were nullified by the Supreme Court in 2014. The court upheld in 2014 that whereas Article 26 was not among the non-derogable rights, this does not give powers to government to compulsorily acquire people’s land without prior payment, and that such planned government projects do not fall under the exceptions of disasters and emergences.

For that matter, the government has had to bear the ache of forking out billions to compensate people for their land, a practice they are trying to circumvent by reinventing the wheel.

The Uganda National Roads Authority has for example, since June last year, doled out Shs116 billion in compensations. Another close to Shs100 billion has been spent on compensating people and resettling others to pave way for the proposed Greenfield Oil Refinery in Hoima, in Western Uganda, a process that has seen some illegal evictions and takeover of some land by well-connected individuals, among other projects.

Mr Dan Okello, the Lira District chairman, said government already owns large chunks of land in forest reserves, national parks and swamps.

“If the land owners refuse, the government has nothing to do. But in areas where minerals are found, the land owners should be compensated – the owners of such land are entitled to royalties.”

By trying to go back to the drawing board, the big question that remains unanswered is whether government can balance both its interests as the custodian of the land and the people, the owners of the land.

Contentious issue

Land is a very sensitive issue in Uganda and has in the recent past been a subject of conflicts in various parts of the country.

A proposed move by President Museveni to give at least one-quarter of Mabira Central Forest Reserve to the Sugar Corporation of Uganda Ltd (SCOUL) in 2007, sparked protests around the central region.

Much of this Mabira forest is public land but President Museveni’s neoliberal logic that what is good for business is good for the country, was interpreted widely as a ploy to give away prime land to sugarcane growing.

Amuru District in northern Uganda most recently also experienced apprehension over development of a sugar factory, which sits on 15,000 acres of land.

These major land give-aways by government, coupled with hundreds of evictions by private investors, have all been central in generating opposition against the proposed land amendment, which is still on paper.

What stakeholders say about the government proposal

Kitgum Diocese Bishop Emeritus Macleod Baker Ochola. “The people of Uganda should vehemently reject this move by the autocratic regime that wants to alter the land law and grab poor people’s lands.”

Gilbert Olanya, Kilak South MP. “We have already seen the stiff fights people in Amuru District put on land giveaway to Madhvani, so with this law, government will just give it away without us questioning.”

Francis Kasumba, chairperson Masaka Municipality traders. “Multinationals are busy pocketing profits from Ugandans but government has done nothing apart from bringing more laws to oppress its nationals.”

Julius Kayiira, LC3 councillor for Masese /Walukuba Division, Jinja Municipality. “If an investor wants a piece of land he should be able to pay for everything found on that land based on the market rates.”

Denis Makanga, Masaka Municipality Central Division Chairperson. “This Bill must be targeting Buganda region since most of the land in which the government is interested is found in this region.”

John Murungi, an advocacy manager in Fort Portal. “Any shift from it [the current law] would be a human rights violation of depriving people of their source of livelihood.”

The history

In 1975, Former President Idi Amin moved the Land Reform Decree 1975, which basically sought to overhaul the country’s land tenure system. Under Amin’s decree, all land was declared to be public land. Land owned in freehold was converted to leases held from the government subject to development conditions. With respect to customary land tenure, the decree removed the protection customary landowners had previously enjoyed under the Public Lands Act 1969. This land tenure system was, however, changed by the framers of the 1995 Constitution, which re-vested all land back to the citizens in the several tenure systems.

Additional reporting by Felix Basiime, Denis Edema, Julius Ocungi, Bill Oketch & Christopher Walugembe.