Uganda - Land Governance Country Profile

3. Land Administration and Institutions

There are several institutions and stakeholders involved inland governance. The major ones are as follows:

3.1 Ministry of Lands, Housing and Urban Development

The Ministry is mandated to ensure a rational: sustainable and effective use and management of land and orderly development of urban and rural areas as well as safe, planned and adequate housing for socio-economic development. This ministry is responsible for providing policy direction, national standards and coordination of all matters concerning lands, housing and urban development. It is responsible or putting in place policies and initiating laws that ensures sustainable land management promote sustainable housing for all and foster orderly urban development in the country. The sectors involves the Uganda Land Commission (ULC), though membership from other institutions including semi-autonomous bodies, development partners, private sector and civil society organizations that deal with this ministry.

The Ministry has three Directorates:

• Directorate of Land Management: The Directorate is headed by the Director, Land Management who is in-charge of the overall sector management, coordination and supervision. The Directorate is made up of the Office of Director, Department of Land Registration, Department of Land Administration, Department of Surveys and Mapping.

• Directorate of Physical Planning and Urban Development: The Directorate of Physical Planning and Urban Development, comprises of the office of Director, Physical Planning and Urban Development; the Department of Physical Planning; the Department of Urban Development and the Department of Land Use Regulations and Compliance.

• Directorate of Housing: The Directorate of Housing is responsible for co-coordinating the functions of Housing and Human Settlement in the country.

3.2 National Land Information System

A National Land Information System (NLIS) is a geographic information system for cadastral and land-use mapping, typically used by local government. Similar to a GIS, an NLIS is designed specifically to contain spatially references land related data for a defined area and procedures and techniques for the systematic collection, update, processing and distribution of this data. A NLIS is a decision-making tool that creates, visualizes, analyzes, reports and publishes land-based data such as parcel information, zoning, land use, ownership and general property information. In addition to those land related data, the NLIS may contain other additional information such as data on soils, hydrology, rainfall or socio-economic information.

The implementation of land information system leads to a decreasing number of land related disputes, reduces the risks of fraud or bribes, secure land for both local administrations and beneficiaries and encourages investments. NLIS is a performing tool that contributes to reduce poverty. The NLIS has been established in Uganda under the DeSINLISI Project under the Ministry of Lands Housing and Urban Development (MLHUD). The NLIS it is expected replace the current manual system of land allocation, deed plan preparation and land registration.

The NLIS will:

• Provide a set of technical processes and procedures for the registration of rights and interests in real estate units in Uganda by supporting the MLHUD business workflows in its main fields of intervention (First Registration – Freehold/Leasehold, survey preparation, leasehold to Freehold Conversion, extension of Lease/Sublease, subsequent registration, request for copy of Deed Plan, certificate of customary ownership or certificate of occupancy;

• Simplify and automate the procedures for land and real estate transactions;

• Be the sole electronic source of land and real estate for mailo, freehold, leasehold and customary rights and interests held under a unified registry for the whole country;

• Provide specific system administration tools to manage users, perform workflow management, security audits, system configuration and the configuration of charts of accounts and fee schedules;

• Support the generation of ground rent demands;

• Support parcel creation from JRJs using standard cadastral editing tools and the ability to generate deed plans according to predefined template Generate reports on staff productivity, registry content, and financial information on revenue for services provided by the DLOs;

• Generate standardized query and notification letters as well as other reports;

• Provide a public access module that allows general enquiries by the public within the DLO customer service areas;

• Support decentralized business workflows in the DLOs;

• Support the functions of a national land administration body called the National Land Information Centre (NLIC).

3.3 Ministry of Water and Environment

This is the technical arm of government in charge of management and sustainable utilization of water and environment resources.

3.4 Ministry of Works and Transport (MWT)

This ministry is responsible to plan, develop, and maintain transport infrastructure and engineering works in the country. It does monitoring and provision of transport infrastructure, support functions, regulator functions and research activities related to roads, rail, water or air transport and does the engineering works which happen on land.

3.5 Traditional or Cultural Leaders under the Institution of Traditional or Cultural Leaders Act, 2011

Section 9 on the role of traditional or cultural leaders provides that such leader shall promote and preserve the cultural values, norms and practices which enhance the dignity and wellbeing of the people where he or she is recognised as such and promote the development, preservation and enrichment of all the people in the community where he or she is recognised as such.

Among the specific roles pertain land distribution, allocation and dispute resolution in respect to the land owned by the respective traditional institutions. Such institutions are at the center stage in the administration of the land in the communities where their subjects live and as such they form part of the administrative structures of land governance in Uganda.

3.6 Other Institutions

• The District Land Boards, independent from the Uganda Land Commission and from any other government organ or person, are in charge of all land in the district. These Boards hold and allocate land in the district which is not owned by a person or an authority. They also facilitate the registration and transfer of interests in land. At least one-third of the members of a District Land Board have to be women (11).

• The Land Committees, set up in each parish, gazetted urban area or division [in the case of Kampala in an advisory role to the District Land Board], consist of a chairperson and three other members, at least one of whom must be a woman. These Committees assist the District Land Boards in an advisory and facilitating capacity. In addition, they should safeguard the rights in land of women, children and persons with disabilities (11).

• District Land Tribunals with jurisdiction determine the following disputes:

• Disputes on land whose value is above 50 million shillings in rural areas, 100 million shillings in gazetted urban areas and 250 million shillings in

divisions;

• Determine land disputes related to the grant, lease, repossession, transfer or getting of land by individuals, the Uganda Land Commission or other

authority with responsibility for land;

• Determine any dispute related to the amount of compensation to be paid for land acquired by the national or local Government;

• Make orders to cancel entries on the certificate of title or cancel the certificates of title and vesting of title in cases handled by the lower land

tribunals;

• Determine any other dispute relating to land under the Land Act.

• Traditional leaders may determine or mediate in disputes over customary tenure. One or both parties to a land dispute may invite the traditional authorities to hear their matter.

• Institution of Surveyors of Uganda (ISU): The primary objective and purpose of the Institution is to promote, maintain and protect the standards of the surveying profession in Uganda.

• The Uganda Land Alliance (ULA): ULA is a membership consortium of national, regional and international civil society organizations and individuals, lobbying and advocating for fair land laws and policies that address the land rights of the poor, disadvantaged and vulnerable groups and individuals in Uganda. Its mission is promote people-centered land governance that recognizes and protects the rights of the poor and vulnerable through advocacy for fair land laws, policies and empowering rights holders for sustainable livelihoods. It is involved in the following programmes: Policy Advocacy by influencing legal and policy processes towards a more equitable distribution of land access and ownership, and greater tenure security for the vulnerable groups; land Rights Protection for

supports communities to set up traditional land governance structures through formation of communal land associations (CLAs) and mapping of common lands to secure their tenure land rights and administration and land resources Management by focusing on identifying emerging land, resource and environmental trends and issues, and makes an analysis of associated impacts, challenges and opportunities.

• Buganda Land Board (BLB) is a professional body set up by His Majesty the Kabaka of Buganda to manage land and properties returned under the Restitution of Assets and Properties Act of 1993. Such properties include among others; The Bulange, The Lubiri at Mengo, The Butikkiro, The Buganda Court Building, Kabaka's official 350 sq. miles of land, Namasole's 10 sq miles of land, Banalinya's Land, Kabaka's lake, Former Omulamuzi and Omuwanika's Official Residencies at Mengo, Land Adjacent to The Mengo Lubiri on which Buganda Ministerial Houses used to stand, all Bassekabaka's Tombs, Buganda Works Building at Kakeeka, Basiima House and Nalinya's House at Lubaga.

Furthermore, the assets under its mandate extend to include all those as outlined by the M.O.U between the President of Uganda and His Majesty the Kabaka. They include former estates of Buganda Kingdom Comprising of;

• Land in urban centres or towns.

• Land where former administration headquarters i.e. Countries and Sub-counties where situated.

• Land not claimed, utilized or occupied by any lawful or bona-fide occupant.

• Land on Mityana Road (Jjeza Farm).

• Former Buganda Kingdom Markets.