Improving land tenure security for displaced communities in West Nile

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OPINION

By Christopher Burke

Uganda’s West Nile region is one of the country’s most important areas, hosting displaced populations comprising refugees and internally displaced persons. Over 840,000 refugees from South Sudan and the Democratic Republic of the Congo live in the sub-region, alongside Ugandans displaced by conflict, environmental degradation and land-related disputes. As land pressures mount, longstanding gaps in how land is accessed, governed and protected are becoming more urgent.

Most land in West Nile is held under customary tenure and remains undocumented. Displaced people typically access land through verbal agreements with host families or clans. While these informal arrangements have enabled Uganda to respond flexibly to large-scale displacement, they also carry risks. Without documentation or oversight, agreements can be reversed or contested, especially when the individuals who granted permission die or move away, leading to disputes, evictions and breakdowns in trust.

Problems often arise when landowners renege on earlier agreements. In some cases, displaced households have been removed from land they had cultivated for years. As land values rise or alternative uses are identified, the strength of these informal agreements diminishes, particularly in the absence of neutral mediation or reliable witnesses. The trust that once underpinned these land-sharing arrangements is being stretched, says Bob Anyuru at LandNet Uganda. “Deliberate community-based dialogue, inclusive of all stakeholders, is needed to reinforce consent and clarify expectations.”

The consequences extend beyond the households directly involved. “Disputes disrupt social cohesion and can inflame tensions between host and displaced communities” explains Dr Pius Ojara, Director of the Refugee Law Project at Makerere University’s School of Law. These conflicts weaken Uganda’s Comprehensive Refugee Response Framework and undercut strategies such as ReHOPE that aim to promote self-reliance and integration. They also hinder local food production and development when displaced communities are forced to abandon land and start over.

Although Uganda’s legal framework recognises customary tenure, implementation capacity is limited. District Land Boards, tasked with land oversight, are under-resourced or inactive in parts of West Nile. Area Land Committees often lack training or coordination with customary authorities. Tools such as Customary Certificates of Ownership (CCOs) and Community Land Associations (CLAs) are promising, but remain underutilised. Their integration into the Uganda National Land Information System (UgNLIS) has only just begun.

Dennis Obbo, spokesperson for the Ministry of Lands, Housing and Urban Development (MLHUD), states “The ministry has the capacity and flexibility to support tenure initiatives that are sensitive to the needs of IDPs and host communities, especially when local leadership and land boards are actively engaged.” 

Legal reforms are unnecessary. Attempts to overhaul customary tenure systems or impose statutory procedures could provoke resistance and exacerbate existing tensions. A more effective approach lies in improving coordination between customary and statutory institutions, promoting inclusive consultations and using low-cost tools to document and clarify land agreements.  Leah Betty Aseke, legal officer at the Danish Refugee Council, is working to strengthen local leadership at different levels to support existing land tenure systems.

Revitalising District Land Boards is a practical step. These bodies can serve as neutral platforms for resolving disputes, validating informal agreements and facilitating access to documentation. Their effectiveness depends on their ability to work with customary leaders in ways that reflect local realities and build trust.

Negotiation processes must also improve. Land-sharing agreements are often made without the involvement of all stakeholders, including clan leaders, women’s representatives or local government officials. In some cases, family heads allocate land without consulting others who may hold overlapping rights. When disputes arise later, displaced families are left vulnerable.

Written memoranda of understanding, witnessed by local leaders or institutions, can formalise expectations and reduce misunderstandings. These agreements need not be legal titles--but simply capture who agreed to what, when and under what terms. This basic documentation can prevent disputes and strengthen protection for all parties.

Participatory land tenure mapping also offers promise. These tools mobilise communities to identify who uses which land, for what purpose and under what arrangement. Household surveys, resource inventories and basic sketch maps can help clarify land use, highlight potential flashpoints and inform future planning. These approaches are particularly suited to areas where formal land surveys are not practical.

Equity in land access also demands attention. Customary systems are often manipulated to marginalise women and youth from land decision-making. Displaced women may be denied land access if their husbands die or return to their country of origin. Youth, many of whom are trying to build livelihoods after years of instability, often lack land or voice in community decisions. Inclusive consultations and community documentation processes that explicitly engage women and youth are essential to lasting outcomes.

Climate change further complicates these dynamics. Flooding, drought and environmental degradation are increasingly driving population movements in West Nile. These pressures strain fragile tenure arrangements and exacerbate tensions between communities. As more people are displaced by climate-related events, land governance systems must be equipped to manage change and protect the vulnerable.

The challenges are real, but not insurmountable. Strategic investments in coordination, inclusive consultation and community-led tenure tools can strengthen land security for host and displaced populations. This will reduce conflict, support livelihoods and uphold the values of hospitality and resilience that have long defined West Nile.

Christopher Burke currently serves as senior advisor at WMC Africa, a communications and advisory agency located in Kampala, Uganda.  With almost 30 years of experience, Christopher has worked extensively on social, political and economic development issues focused on land governance, agriculture, environmental conservation, public health, extractives, communications, peace-building and international relations in Asia and Africa.

The writer is Senior Advisor, WMC Africa