Land tenure systems and land conflicts in Isingiro district, Southwestern Uganda

Abstract

Land is the source and basis of all forms of life for all living things. All living things derive their material for existence from the land. These include food, water, air and the firm ground to exist on. It is also the basis for social existence. It provides space for all forms of material growth and social development and the subsequent transformation into other forms through decomposition, petrification and/or solidification, ossification or liquidification or gaseous. Land includes the earth water and whatever is underneath. Any development, which requires resources in all these spheres, is first planned on land. Land tenure system explains the processes of land ownership and management which involves acquisition, ownership, utilization and transfer of land. They are all these, which overtime make land prone to conflict. This is more so, given the insatiable human needs and the quest for more. The manner of managing it therefore is encompassed by conflicts. This study was motivated by the need to investigate how land in Isingiro district was owned and used and how this generated conflicts. It therefore examines the linkages between land tenure system and land conflicts in Isingiro district. It focuses on the existing land tenure systems and how they translated into conflicts and it analyzes how the consequent land conflicts affect people’s welfare as well as the development of the whole district. It adopted a cross sectional study design and used a qualitative approach. It carried out interviews with fifty participants, some of whom had been involved in land conflicts. It also held two focus group discussions, documentary review and observation to gather more data. The findings indicated that land in Uganda was governed under four major tenure systems; customary, freehold, lease and mailo land. Mismanagement on any of these tenure systems had potentials to generating conflicts. The main conflicts arose from land trespass, takeovers, shifting boundaries, encroachment on neighbor’s land, illegal registration of land, conflicts between landless squatters and land owners, family feuds, conflicts over the developments on land and other agrarian disputes which are dependent on the specific land tenure system. These were similar to those found by Murindwa Rutanga (1999). These flaws constituted the foundation for poor or property reduced performance and productivity of the country. Despite the ongoing interventions such as sensitisation of the local people to register their land, use of receipts and training officials on land management, the findings prove that land conflicts are on the rise in Isingiro district. The study proposes a shift to a uniform land tenure system, which would simplify the land management process for the benefit of the population galvanizing their unity. It recommends freehold land tenure system with principles of registration and documentation of all land. Adopting a well-structured land tenure system is likely to enable the country increase agricultural production and catalyse her contribution to regional development.