It further remains unclear which role certificates of occupancy shall play under the proposed provisions once they are actually issued. Shall courts simply accept them as conclusive evidence or nonetheless apply the normal procedure of hearing the interested parties, requiring a report from the Land Committee and visiting the locus in quo? In case certificates of customary ownership are issued under due process this would be an unnecessary duplication of procedure. However, the proposed provision provides for no exceptions to the normal procedure. d) Alternative policy suggestions Given these uncertainties, the current amendment is likely to have a negative impact on security of tenure. In order to achieve the goal of the proposed amendment, i.e. to enhance tenure security, instead of transferring power to courts, the suggestions made in the Draft National Land Policy should be implemented. This means: traditional institutions which have been weakened especially in the war-torn northern regions should be strengthened(7.2.4, 141 (iii)) Draft Land Policy) and the land administration system and especially the Land Boards provided with the necessary resources to carry out the registration process which has been envisaged by the Land Act but never been effected(5.2.11, 104(ii) and(iii) Draft Land Policy). While surveys carried out in Apac region have shown that there is a great suspicion about titling, with people fearing that it will favour the rich and allow the government to grab land 112 , at the same time broader surveys demonstrate that there is an immense demand for border demarcation in Uganda 113 . This indicates that a lot of the insecurity of customary tenure is due to the fact that there is no functioning demarcation system. Thus, before creating new provisions, the current provisions for the issuance of certificates of ownership should first be implemented or rather simplified to allow its implementation. The current procedure is complicated and provides for a high degree of documentation. Starting with the application for issuance of a certificate, virtually every stage of verification of rights requires documentation. Acquisition of a certificate thus demands a high level of literacy and ability to handle documents which is often missing, especially in rural areas 114 . In order to provide better accessibility to registration and to prevent fraud, a more simplified procedure would need to be elaborated. 112 Adoko/Levine, A Land Market for Poverty Eradication? A case study of the impact of Uganda’s Land Acts on policy hopes for development and poverty eradication(June 2005), p. 31. 113 According to a survey carried out by the World Bank in 2004 in collaboration with the Ministry of Water, Land and Environment, Makerere University and FASID, 95% of households wanted to get a certificate with 89% willing to pay for it, see Deininger et al., Legal knowledge and economic development: The case of land rights in Uganda(2006), p. 12. 114 Mwebaza, Integrating Statutory and Customary Tenure Systems in Policy and Legislation: The Uganda Case (1999), p.7. 33
Druckschrift
What should be done to enhance tenure security in Uganda and further development? : The land (amendment) bill 2007, ITS shortcomings, and alternative policy suggestions
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