Despite the existence of constitutional and legal frameworks brought about by the 1995 constitution and the land act 1998 and other land related laws, a number of landrelated challenges have emerged over the years, which must now be squarely confronted in order to foster notable economic development and poverty alleviation. Principles of land law in uganda download ebook pdf, epub. Uganda s most vocal political columnist, andrew mwenda, has denounced the 1998 act as entrenching a feudal and economically retrogressive system by perpetuating the dualism in land control and. Risks in the land act as regards registration of communal land min nd or or u and and i o veen in anda lemu l e m u risk 7. Mutilation act, 2010, the land act 1998 as amended, the prevention of trafficking in persons act 2009,evidence act cap 6, the succession act cap 162 as amended, the mental treatment act,cap 279, public health act cap 281. The land act 1999 arrangement of sections section title part i preliminary i. Section 3 summarises the acts main aims and provisions and section 4 examines its unintended impacts. Constitution 1995 and the land act 1998 redefined land rights, attempted to. Land act, 1998 incorporating the land amendment acts, 2004 and 2010 page 11 of 77 4. With an estimated 80% of all land in uganda held under customary tenure, customary rules for land governance play a major role in determining womens land and property rights. The constitution of the republic of uganda 1995 in its national objectives and directive. The land act 1998 defines customary tenure rights and lays out a process for registration and administration of customary rights. This act may be cited as the local government act, 1998 commence and shall come into operation on commencement such a date as the minister may, by notice published in the gazette, appoint.
The uganda land amendment act, 2004 landwatch uganda. In uganda, land continues to be a critical factor, as it is the most essential pillar of human. Mar 30, 2011 question by the land reform decree 1975, the 1995 constitution of uganda, and the land act 1998 failed to deal with the fundamental issues in land tenure due to absence of clear policy principles to inform the enactment of legislation that offers politically and socially. See also john mugambwa, principles of land law in uganda 2001 4. Results indicate that femaleheaded households and widows are particularly affected and that the passage of the 1998 land act has failed to. The land act an act to provide for the basic law in relation to land other than the village land, the management of land, settlement of disputes and related matters.
Fundamental principles of national land policy part iii classification and tenure of land 4. Types of land tenure systems in uganda land ownership in uganda. Section 38a in particular stipulates that the consent of ones spouse must be obtained before the other spouse can make any transaction. Click download or read online button to get principles of land law in uganda book now. Constitution 1995 and the land act 1998 redefined land rights, attempted to resolve old conflicts, and provided an institutionalized framework for land management with decentralization a key feature of that framework. Decentralised land administration and womens land rights in. Countryterritory uganda document type legislation date 1998 2000 source fao, faolex long title an act to provide for the tenure, ownership and management of land. This book explains the principles and practises of the 1998 land act, which brought about substantial changes to the land tenure laws of uganda. Land act 1998 ugandas principle land law is the land act 1998.
Land is a crucial source of livelihood for ugandans, especially for those who live in kayunga district, as it is one of the main agricultural districts of the country. Uganda in particular has been praised for being on the forefront of land reform efforts with the passage of national legislation mandating gender equitable land laws under the 1995 ugandan constitution and the 1998 land act. The nlp subsequently recognized customary land tenure to be equal to freehold, contrary to provisions in the land act for. Land can either be owned in perpetuity or for a given period of time. An act to provide for the tenure, ownership and management of land.
The process of policy and legislative reform in uganda in recent times began with a study of land tenure and agricultural development commissioned in 1989. Pdf the power of eminent domain in uganda national land. The uganda national land policy final draft march, 2011 ministry of lands, housing and urban development. This site is like a library, use search box in the widget to get ebook that you want.
The land act which provides for the formation of clas was passed in 1998, prior to the nlp. A person who owns or occupies land shall manage and utilise the land in accordance with the forests act, the mining act, the national environment act, the water act, the uganda wildlife act and any other law. These reforms did not result, however in politically and socially acceptable and technically feasible. The land act 1998, which aims at reforming land tenure relations in uganda, is therefore one of the most farreaching legislation enacted by the national resistance movement nrm government. The 1995 constitution of the republic of uganda provides for the emancipation of women.
Both the constitution of uganda, 1995, and the land act, 1998, decentralised land. Since the advent of colonialism, the country has never had a comprehensive land policy. Land amendment act, 2004, 2004 uganda legal information. Food security and land governance factsheet contents. Municipality and town to be lower local governments. The 1998 uganda land act aimed to strengthen the rights of customary tenants by offering official certificates of customary tenure permitting transfer rights of sale, lease or mortgage, and. The power of eminent domain in uganda national land policy drafts and the 1998 land act the genesis of ethnic conflicts in kibale district western uganda. Despite the existence of constitutional and legal frameworks brought about by the 1995 constitution and the land act 1998 and other land related laws, a number of land related challenges have emerged over the years, which must now be squarely confronted in order to foster notable economic development and poverty alleviation. In this act, unless the context otherwise requires the act means the land act, cap.
Executive summary land in uganda is a critical factor of production and an essential pillar of human existence and national development. Resource equity works to advance womens rights to land and natural resources in order to promote womens economic. The new tenure system aims at supporting agricultural development through the functioning of a land market, establishing security of tenure and ensuring sustainable utilisation of land in order to bring about development. Our results suggest the recent act has a high likelihood of success because its primary goal is to codify guarantees of security, transparency, and enforceable property rights in private real estate markets that appear to already exist. Lemu documents the land and equity movement in uganda. Food security and land governance factsheet contents land governance 3 realities on the ground impacting on the nexus between land governance and food security 11 resources and other information 12 references uganda abstract food security in uganda relies mainly on access to land and security of tenure. Legislation online office of the prime minister, uganda pdf doc. The result was the 1998 land act, whose central aim has been to reform land tenure relations in uganda and encourage and support investment. The land act 1998 and land tenure reform in uganda. A historical perspective of the land problem in uganda by. This is an act to effect certain amendments to the uganda land act, cap. Principles of land law in uganda download ebook pdf.
Resource equity works to advance womens rights to land and natural resources in order to promote womens economic and social empowerment, and. We use data from uganda to explore who is affected by land conflicts, whether recent legal changes have helped to reduce their incidence, and to assess their impact on productivity. Article 237, of the uganda constitution, provides that land belongs to the citizens of. Section 31 of the land act, in this act referred to as the principal act, is amended the land amendment act, 2010 an act to amend the land act to enhance the security of occupancy. Assessing the implementation of the spousal consent of the. Box 2730 kampala uganda ub consulting engineers ltd tel. Decentralised land administration and womens land rights. Examples are the land reform decree of 1975, the 1995 constitution of uganda, and the land act in 1998. The legal framework in uganda notably, the 1995 constitution as amended, the land act, 1998 as amended, the registration of titles act 1924 and the national land policy 20, provide for various forms of land registration. The step by step guide to customary land registration in. The uganda constitution is heralded as one of the most gender neutral with regard to property. Uganda land act land act of uganda, 1998 land portal.
The new tenure system aims at supporting agricultural development through the functioning of a land market, establishing security of tenure and ensuring. The land act 1998 identifies the four forms of land tenure systems in uganda which include customary, leasehold, freehold and mailo, grants all legitimate and bona fide occupants property rights. Types of land tenure systems in uganda land ownership in. Ugandas most vocal political columnist, andrew mwenda, has denounced the 1998 act as entrenching a feudal and economically retrogressive system by perpetuating the dualism in land control and. The land act 1998 and land tenure reform in uganda africa. Scribd is the worlds largest social reading and publishing site. A guide to the land administration services in uganda. Usaid country profile landlinks was created by e3land, a.
Ugandas land acts on policy hopes for development and poverty eradication. Perhaps the outstanding land reforms in uganda were brought about by the 1995 constitution and the 1998 land act. Documentation of land held under customary tenure is complex as land is held. Under the land act 1998 customary tenure, like freehold tenure. Land act, 1998 incorporating the land amendment acts, 2004 and 2010 page 3 of 77 part iiicontrol of land use.
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