In 2013, Uganda embraced the National Land Policy (NLP), outlining a crucial mission in paragraph 44: to disentangle the complex web of interests and rights surrounding Mailo Land Tenure and Native Freehold Tenure. The roots of this initiative were deeply embedded in the persistent land question, a legacy of colonialism that led to overlapping and conflicting tenure rights.

The NLP’s commitment stemmed from various challenges:

a) Colonial Legacy: Uganda’s land question, a result of colonial influences, triggered conflicting tenure rights that demanded resolution.

b) Contestation of Rights: Ongoing disputes over the definition of rights granted to bonafide occupants in the Land Act (Cap 227) fueled the need for a comprehensive solution.

c) Statutory Protection: The Land Amendment Act (2010) attempted to protect bonafide occupants from arbitrary evictions, but the prescribed nominal ground rent was often overlooked by registered landowners.

d) Escalating Conflicts: Evictions, land disputes, and conflicts reached a deadlock as the prescribed tenant-landlord relationship failed to regulate the relationship between tenants and registered landowners effectively.

To address these issues, four options were proposed: Land sharing, buyout, leasehold, and certificate of occupancy. Despite having regulatory processes, a decade later, the implementation of these options remains a challenge.

This study delves into the status and issues surrounding the proposed options, examining the experiences of Ugandan citizens settled on Mailo land. As a result, evidence-based recommendations are put forth to enhance the policy’s proposed solutions, aiming to break the Mailo impasse and provide a clearer path for sustainable land use in Uganda.

For the full report, click here.

For the full Policy Brief, click here.