This is the second in a series of land studies for northern Uganda, whose core objective is to inform the Plan for Recovery and Development of Northern Uganda (PRDP) and the National Land Policy. It builds on the work of the first phase conducted in Teso region to present a more quantitative analysis of trends on disputes and claims on land before displacement, during displacement and emerging trends or occurrences on return for Acholi and Lango sub-regions.
Unfolding analysis reveals two types of land disputes prevalent in postwar northern Uganda: cases that involve a legitimate cause of action and those that do not.1 Since mediation and alternative forms of dispute resolution rely on parties’ willingness to negotiate in good faith, cases featuring ‘bad faith’ and land grabbing—where powerful parties intentionally exploit another person’s vulnerability in order to illegally2 claim land—pose a serious challenge for local land dispute mediators. Such mediators must wrestle with whether and how to remain neutral in the face of injustice.
Modern land registration systems are usually compulsory. Countries must be able to keep track of land, ownership and land use. This is important for planning, real estate sales and urbanization. When land is properly and legally registered, it should protect landowners.
The National Land Policy (NLP) will seek to ensure that a staggered, accessible and affordable process of compulsory registration is enforced after the ratification of the policy.
Dispute resolution is a key component of land administration and management in Kenya. Article 162 of the Constitution of Kenya provides for the establishment of the Environment and Land Court (ELC) by an Act of Parliament. Further, parliament is mandated to determine the jurisdiction and functions of the courts. In 2011, parliament passed the Environment and Land Court Act through which the Environment and Land Court was established. In accordance with the provisions of this act, the court is mandated to ensure reasonable and equitable access to its services in all counties.
The conflict between the Ife and Modakeke appears to be a protracted and seemingly intractable intra-ethnic conflict that has continued to pit two groups of the same ethnic background against one another. This study, therefore examined the role of traditional institution in managing Ife-Modakeke conflict. The study found that the major causes of the conflict between Ife and Modakeke group include land issues, Ife-East Local Government, debate over Modakeke’s sovereignty, boundary disagreement etc.
Promoting a peaceful and lasting resolution to land conflicts in a protracted crisis context through a fair and environmentally sensitive approach.