Titles only security for customary land - CJ

Chief Justice Alfonse Owiny-Dollo has backed the ongoing exercise by the government through the Ministry of Lands, Housing and Urban Development to register and issue certificates of ownership for customary land, saying it is the only means to save such land from grabbers.

 Justice Owiny-Dollo made the statement while speaking at a ceremony to hand over certificates of customary (land) ownership in Agago District by the Ministry of Lands at Kalongo Town Council last Thursday.

 He was reacting to comments made by Mr Leonard Opio Ojok, the Agago District chairman (his younger brother).

 Mr Opio said land owners were suspicious of the customary land registration exercise for fears that their land would be grabbed by the government.

 “We demand that you (Ministry of Lands) quickly undertake a detailed investigation to understand the authenticity of the claims of these people. I have had access to communication from some offices that the land should be registered in the names of land owners and the investor,” he said.

 Mr Opio added: “I have seen conditions that the locals should register their land but give it to the investor, and that is pure intimidation. ln  our last council meeting, we resolved that the district executive committee should go to the sub-counties in question and interact with the communities to establish the real problems at play…the land matter is causing a lot of animosity, anger and once not addressed properly, it will result in insecurity, those land givers are being targeted for attack.”

But Justice Owiny-Dollo downplayed fears among customary landowners that the undertaking is a ploy by alleged mafias to grab lands that are owned customarily.

 “I was born in Kalongo 68 years ago and baptised here by an Italian priest. I was given a passport later in life and now an Identity card to show that I am a Ugandan. But the baptism I was given here does not make me a child of the priest who baptised me just like the passport I was given, does not mean the President or Internal Affairs minister become my parents or my owner, he said.

He added: “The message here is that the title being given does not mean the land belongs to the government (and that it could grab it away). The title means you own that land and that particular location, because other people are threatening that they (the government) will take away your land, so we are going to explain to the people.”

 He also tasked the Lands minister, Ms Judith Nabakooba, to conduct mass sensitisation in communities where they are implementing the exercise to ensure the public does not misconceive and disown it.

 “The communities here have nothing else remaining, all their wealth is no more, the cattle are gone, and all that remains is land and they will die for it. If you want to sell any government programme here, become an ally of the people first, set your team to begin taking an inventory of all the (land) titles that are in Agago District.”

 At the ceremony, a total of 1,017 certificates (titles) of customary ownership were issued to families and clans in the district.

 Currently, the Ministry of Lands is implementing the registration of customary land and issuing certificates of customary ownership to families, clans and communities in Greater Northern Uganda.

 Ms Nabakooba said the registration is aimed at ensuring customary land owners have their land identified, demarcated and registered and in turn receive legal documentation as proof of land ownership.

 “This is the best way to secure your customary ownership rights and thereby prevent public outcry, including stopping the abuse, stealing or grabbing of customary land by unscrupulous individuals, speculators and fraudulent land dealers,” Ms Nabakooba said.

Reacting to Justice Owiny-Dollo’s statement, the minister said: “I want to emphasise that the CCOs (certificates) must therefore be in the names of the clans that own the land, with a condition that the investor cannot use the customary land as security for any funds they borrow from financial institutions.”

 Sources said more customary land certificates are to be processed with support from the European Union and the World Bank, with the Lands Ministry targeting the registration of 275,000 customary land owners including families, clans and indigenous communities throughout the county before 2026.

 According to Ms Nabakooba, because of this exercise, peace and productivity have returned in communities.

 “Families and communities have begun to engage in producing surplus food for sale, knowing that no one will destroy their crops through acts of illegal land evictions. The government will continue to issue documentation to protect the clans by ensuring their land is registered and the owners are able to lease out the land for a limited period agreed with the clans.”

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