GETTING AGREEMENTS ON LAND TENUREREFORM :

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GETTING AGREEMENTS ON LAND TENURE/REFORM

• Getting the process right. The experience of The
  Uganda Land Alliance in Uganda.

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By Oscar Okech K. Coordinator-U.L.A. Land Net
East Africa.

• Presented at a UNDP/ILC workshop on Land Rights
  and African Development. From Knowledge to Action
  , Nairobi 1st Nov. 2005 .

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Introduction.

• This paper examines the lobby and advocacy
  process undertaken by the Uganda Land Alliance in
  reaching agreement on land reform and the key
  challenges and lessons learnt in the process.

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What We DO

• The Uganda Land Alliance is a Consortium of 68
  Ugandan and International NGOs , founded in 1995
  to lobby and advocate for fair land laws and
  policies for the protection of the land rights of
  the poor and marginalized groups.
• The Alliance first engaged in the Constitution
  making process in 1995, later the Land Act making
  process in 1998 and amendment in 2004.

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Our Work on Policies and The Constitution

• It was also involved in the making of the draft
  national land use policy, 2004 and is currently
  involved in the national land policy making
  process which started in October 2005.
• During the Constitution making process, the
  Alliance lobbied for customary tenure, womens
  land rights and citizens right to control land
  to be included in the constitution.

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Our Work on Legal Reforms

• The ULA contributed to the following legal
  reforms
• The recognition and inclusion of an agreed
  version of the clause on family land rights.
• Inclusion of clauses on customary land tenure and
  communal land holdings/common property resources.
• The representation of women in the land
  administrative structures by 1/3
• The inclusion of the consent clause to protect
  spouses on family land
• The protection of tenants from illegal evictions
• The Land Fund for bailing out tenants on
  registered land and from absentee landlords.

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The Process. How We Do It

• Civil Society saw a need to work together to
  articulate land Issues and to create an interest
  group that would not be ignored by policy makers.
• The power of numbers and organization 68 various
  members
• Wider participation Inclusiveness ensures
  ownership, constituency building and credibility
  in the eyes of the government and the public.

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The Process. How We Do It

• Clear messages
• e.g. women are not property but land is
  property which women can own.
• Research and documentation
• In order to speak with authority
• Sensitization and mobilization of the masses
• Building support from the grassroots to enhance
  and convince in the debate was very crucial to
  the Alliances success
• To develop a rural constituency and to change
  attitudes.

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The Process. How We Do It

• Personal and community testimonies
• E.g. 14 Karimojong pastoralist elders on common
  property resources.
• Using the Media
• The media keeps the issue on the public agenda.
  MPs positions exposed
• Lobbying Key Actors, secure support from donors
  
• DFID, DANIDA, the World Bank, etc.
• Lobbying Policymakers MPs, caucuses in
  parliament, committees and Ministry officials.

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The Process. How We Do It

• Lobbying the President.
• He is also positive about land reform and he has
  strong views on land too. Alliance works with
  friendly MPs and lobby groups to reach the
  President and influence his opinion.
• Seminars and public dialogues targeting
  policymakers
• Present research findings and demonstrate to
  policymakers that legislation for land rights of
  the poor has to be a priority.

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The Process. How We Do It

• Participation in the Draft Bill Discussions
  Throughout the process of drafting the Land Act
  of 1998, the Alliance sought and was given
  audience by the Ministry of Lands to sit on the
  technical committee debating the Draft Land Bill.
  The Alliance used the opportunity to consistently
  ask for the inclusion in the Bill the rights of
  the poor on land. The Alliance submitted
  proposals to the technical Committee

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The Process. How We Do It

• Proposals submitted by the Alliance to the
  Parliament
• Legal recognition of customary land as tenure and
  the registration of womens interests on
  customary land.
• Protection of common property resources
• Spousal and childrens consent in person for any
  transactions on family land.
• Spousal co-ownership of land.
• The legal recognition of tenants on mailo land
• The land fund
• Representation of women on all land management
  and Dispute Resolution Institutions.

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The Process. How we do it

• Drafting shadow clauses
• .e.g. Co-ownership clause done with Hon. Miria
  Matembe
• Building the Coalition
• Mobilise the public and other civil society to
  join the campaign e.g. clergy, media,
• Test case litigation
• E.g Benet case won on 27-10-05 after out of court
  settlement
• Supportive political environment.

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Challenges

• Legitimacy Our mandate has been questioned.
• Mobilizing resources Influencing policymakers is
  a necessary but expensive venture especially on
  sensitive issues like land.
• Sustaining the lobby group Meeting the
  expectations of members
• Time If its dragging, some people give up along
  the way. E.g. co-ownership clause 1997-2004

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Challenges

• Building Consensus Failure can lead to
  conflicting messages E.g. VP Kazibwe
• Sustaining participation. Making members
  understand issues and be consistent in
  participation
• Political support especially The President e.g.
  Domestic Relations Bill

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Lessons

• The message clear message and position.
• Know the facts Especially spokespersons
• Documentation of the problem
• Choose the best messenger Should be a credible
  source in the eyes of the target audience
• Importance of Working with others The safety of
  numbers
• Persistence on the issue Policy reform is not an
  event but a process. E.g. Co ownership clause and
  the Domestic Relations Bill 97-2004.

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Lessons

• Cultural biases Passing laws is not enough. also
  need to change cultural practices and beliefs
  e.g. On women issues
• Policymakers may not know the best way to go
  Shifting positions e.g. co-ownership and
  childrens consent
• Political Will Government weighs its political
  fortunes as well e.g. with big landowners vs
  peasants
• Understanding of issues by legislators Some
  dont understand the issues at hand. Therefore
  you have to sensitise some MPs as you lobby as
  well.

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Lessons

• Compromise Be prepared for it. Only way some
  thing positive could be put in the law.
• Manage the process and prepare for the sticky
  moments. E.g. opponents. listen to them, analyse
  their views and turn to your advantage
• Proper planning and organisation, including
  building the capacity of members to articulate
  the issue at all levels

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Conclusion

• Land law and policy making process clearly
  demonstrates that working together works.
• The recognition that the Alliance got from
  policymakers was to a great extent due to its
  being seen as representing the view of civil
  Society in the Country.
• The engagement of the local people as key
  beneficiaries is crucial to frame the issues from
  their perspective and derive mandate to speak on
  their behalf.

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Conclusion

• Policy reform is an ongoing process and should
  not be seen as one that will bring immediate
  results.
• Not getting certain issues into law or policy
  does not mean failure, the fact that these issues
  come out in the open for debate and analysis is
  progress in the process of policy reform.
• Finally, plan to the smallest detail and stick it
  but have options for flexibility.