Customary titles reduce land disputes in Butaleja

Concerned. A resident of Kibiniko Village, Bukasakya Sub-county in Mbale District raises a concern over rampant land grabbing during a meeting with district leaders on November 12. PHOTO BY FRED WAMBEDDE

The ongoing customary land registration in Butaleja District has helped to reduce conflicts and improved household food security, stakeholders have said.
About 10,000 people in Naweyo, Mazimasa and Kachonga sub-counties have so far registered their land with the district and have been issued with certificates of customary ownership (CCO), the equivalent of a land title.
The certificates detail, among other things, the acreage and boundary of the land. In case there is a dispute, the area land committee asks the parties involved to produce their CCOs, which they use as a yardstick to settle the matter.
Last Friday, the beneficiaries said land conflicts have tremendously declined since they were issued with CCOs. Ms Janet Hasahya, a resident of Tindi Village in Mazimasa Sub-county, said her neighbour used to encroach on her land whenever he would plough with tractors but this is no longer the case.
“Since I got this certificate, we have been living in peace together,” she said.
Ms Hasahya added there is also improved food security in her home because her family members now can concentrate on cultivation without any disturbance.

Benefits
Mr Rajab Maliki, a resident of Kyadondo Village in Kachonga Sub-county, said their CCOs are recognised by financial institutions.
“Now, we can also deposit our CCOs as collateral to get loans unlike before when we had no proof of ownership of land,” he said.
The customary land registration was started in January in the district as a pilot project and is being implemented by the Ministry of Lands, Housing and Urban development, supported by UN-Habitat and Global Land Tool Network with funding from the Netherlands embassy.
The project seeks to contribute to food security by strengthening land rights of small holder farmers.
Mr Twaha Kiirya, the district lands officer, said most residents have been lacking ownership documents because most of land in the area is customary.
Mr Kiirya said this has been one of the factors fuelling land conflicts, which have at times resulted in death.
In 2016, one person was shot and several others injured after they attacked a police officer whom they suspected of inspecting their land in Doho Muhula swamp, Kachonga Sub-county.
“Butaleja is one of the districts embroiled in rampant land disputes because most of the residents had no ownership documents except a few who had allotment letters,” Mr Kiirya said.
Mr Tom Wandera, the district environment officer, said before implementing the project, they sensitised the residents on its importance.
“The residents, after embracing the project, started applying to have their land surveyed with consent from their neighbours in order to possess a CCO as prove of ownership,” he said.

Advantages
Mr Wandera said CCOs are also easy to process. “The procedure of acquiring a CCO is easier than other forms such as freehold, which can cost about Shs3 million before one secures a land title,” he said, adding that government should consider rolling out the project to the entire district.
The district chairperson, Mr Richard Waya, said the CCOs in the communities have also deterred the corrupt from grabbing untitled land.
Mr Robert Opio, the commissioner for land registration in the ministry of Lands, said a CCO is an indispensable tool for community development. “Case studies have clearly demonstrated that the use of CCOs in communities has positively impacted on the livelihoods,” he said.
Mr Opio said the government should extend the project to all districts, adding the CCOs and freehold certificate of titles are on the same footing.
The commissioner revealed that the ministry will establish registration services in every district to enable them print electronic CCOs and sketch maps.
“We will also ensure that the sub-county chiefs work with area land committees to register all land owners so that we are in position to issue them with certificates of ownership,” he said.
Ms Pamela Nyamutoke Katoro, the country director of International Institute of Rural Reconstruction, one of the project implementers, said only 20 per cent of the land in Uganda is titled.
“This is why it was pertinent to come with CCOs,” she said.

ABOUT THE LAW

Requirement. The Land Act 1998 recognises four categories of land tenure systems, including customary, freehold, mailo and leasehold. It states that all Uganda citizens owning land under customary tenure may acquire a certificate of ownership in a manner prescribed by Parliament.