How to defuse land conflicts in Bunyoro
Mar 12, 2007
THE commission of inquiry into ethnic clashes in Bunyoro, headed by Prof. Ruth Mukama of Makerere University, recently handed over its report to President Yoweri Museveni. <b>The New Vision</b> summarises the commission’s recommendations.
THE commission of inquiry into ethnic clashes in Bunyoro, headed by Prof. Ruth Mukama of Makerere University, recently handed over its report to President Yoweri Museveni. The commission was appointed in September 2005 following ethnic and land conflicts in Hoima, Kibaale and Masindi Districts, which form Bunyoro. Carol Natukunda summarises the commission’s recommendations.
Politics
The commission noted with concern the extent of political polarisation between the Banyoro and non-Banyoro especially in Kibaale District. Many of the indigenous Banyoro interviewed did not wish the non-Banyoro to hold any political offices.
On their part, the non-Banyoro felt that it was their right to participate in local politics and to hold political positions. This difference in opinion is brought about by mutual fear of domination by either group. The commission therefore recommends establishment of a kingdom government in Hoima with an elected Katikkiro (prime minister) and representatives of all ethnic groups to take away mutual suspicion.
In all the three districts, there were persistent claims that the insufferable pride and arrogance of some categories of immigrants, namely the Bakiga, in relation to the indigenous Banyoro stems directly from their being backed by powerful people from outside. The Commission therefore recommends that the Inspectorate of Government in conjunction with other relevant authorities investigate all such cases, which are reported to be exacerbating ethnic disharmony by setting the immigrant groups against the host Banyoro, with a view to disciplining those involved.
Migration and settlement
The commissions says Ugandans and foreigners who settled in Bunyoro-Kitara Kingdom before 1982, should have their stay legalised. Aliens who came after 1982 should either be deported or be allowed to continue staying in the country as refugees in the camps of Kyangwali and Kiryandongo. Ugandans who settled after 1982 without authority or proof of ownership of the land on which they are settled must either be asked to leave and go back to their places of origin or be resettled on government land. As a matter of urgency, entry of immigrants through all boarder points in the country in general and Bunyoro regions in particular must be very tightly controlled.
Settlement of Ugandans anywhere in Uganda must be guided and controlled by the land tenure system in the area. The Government must immediately put in place a land use policy that will stimulate development and check conflicts arising from land.
It is recommended that the existing resettlement camps in Bunyoro be immediately closed and their leaders laid off, and that no new settlers should be allowed into the camps. Any new resettlements in Bunyoro region should be stopped by the Government except for those entrants who have land sale agreements between them and bona fide land owners in the area and are merely executing those agreements.
Nomadism should also be banned in the region and mass movement of cattle be stopped, except where such movement is to a new legally acquired land sufficient to graze the stock being moved or where there is an emergency officially declared by veterinary officials, for example, drought.
The commission noted that in the process of resettling people in Bunyoro from other parts of Uganda, during 1970s and 1190s, a fundamental mistake was made by the Government. The incoming people were made to settle in particular places called resettlement camps. They were isolated from people who were already settled in the area.
This hindered integration between the two groups. This is considered to be the major cause of upheavals in the region because the two groups are now suspicious of one another. It is therefore recommended that any future resettlement of people in this country takes cognisance of this anomaly and mixes the already settled with those to be settled so that people live harmoniously. In the mean time, the Government should commission a study on how to integrate the warring communities in the region.
Land
The commission noted that Bunyoro Kingdom was denied any form of land ownership by the colonial government due to King Kabalega’s resistance against British rule. Therefore, it was recommended that the land over which the kingdom has full control and is uncontested should be immediately surveyed and freehold titles prepared in favour of the King or the Kingdom, as the case may be, at the cost of the Government. This is seen as a way of rectifying historical injustices. The Government should also rehabilitate the palace of the Omukama of Bunyoro-Kitara Kingdom, just as it has done in Buganda, Tooro and Busoga Kingdoms, the commission said.
The commission also recommended establishment of a government committee, preferably chaired by a person at the rank of a High Court Judge, to identify the land that traditionally belonged to the Kingdom. The land was either encroached on or taken over by the central government as forest reserves, game reserves or national parks.
A land demarcation committee should be established for each of the districts with the responsibility to demarcate land belonging to each household, so as to enable it secure a certificate of occupancy with a view to getting a certificate of title in future.
The commission received complaints from many people, mostly the indigenous Banyoro, who had on the advice of Hon. Baguma Isoke, the then lands state minister, handed over their Mailo land titles to the Uganda Land Commission for compensation. However, three to four years later, they have not received the said compensation. The commission recommended that these cases should be settled immediately by way of compensating those that surrendered their titles, or have their land titles returned to them forth with.
The Government should not degazette any reserves as has been demanded by some sections of the population, since as the commission was reliably informed, there is no shortage of land in the region, the commission says. It adds that the Government immediately resettles and compensates the original 350 families who were displaced by Palestinians during the Amin government. Ownership of the the land has since passed from Palestinians to UPDF and now Mukwano Group of Companies.
The commission learnt about a wrangle between peasants of Kasongoire parish and Kisonga village on one hand and Kinyara Sugar works Limited on the other. The land was enclosed by Kinyara Sugar Works when the area was being surveyed. The commission recommend that the areas in question be left out of the land title for Kinyara Sugar Works, as is the wish of the people of Kasongoire and Kisonga.
In 1996, Masindi District Council resolved to give land measuring two square miles in Karujubu Sub-County to the Police. This was part of public land. The commission recommends that the Police should avail money to cater for the compensation for both crops and buildings that were on the land.
The commission recommends that the Government takes over land belonging to the absentee landlords and pays them compensation; but that where some landlords are unwilling to accept compensation, the Government should invoke Article 237(2) (a) of the Constitution on grounds of public interest and more particularly of public safety. It was note that due to the animosity between the landlords and the customary holders, the absentee landlords are never likely to put this land to any good use at anyone time in future.
There are complaints that the Commandant of the resettlement scheme in Kagadi was selling government land to individuals and re-allocating the land which was already allocated. The Police or IGG should investigate the allegation with a view of prosecuting the Commandant if the allegations are found true, the report says.
The ranches restructuring exercise in Masindi District has not yet been concluded. It is recommended that this issue be taken up by the committee of ministers which replaced the Ranches Restructuring Board and all outstanding issues be concluded to avoid the confusion surrounding it.
Politics
The commission noted with concern the extent of political polarisation between the Banyoro and non-Banyoro especially in Kibaale District. Many of the indigenous Banyoro interviewed did not wish the non-Banyoro to hold any political offices.
On their part, the non-Banyoro felt that it was their right to participate in local politics and to hold political positions. This difference in opinion is brought about by mutual fear of domination by either group. The commission therefore recommends establishment of a kingdom government in Hoima with an elected Katikkiro (prime minister) and representatives of all ethnic groups to take away mutual suspicion.
In all the three districts, there were persistent claims that the insufferable pride and arrogance of some categories of immigrants, namely the Bakiga, in relation to the indigenous Banyoro stems directly from their being backed by powerful people from outside. The Commission therefore recommends that the Inspectorate of Government in conjunction with other relevant authorities investigate all such cases, which are reported to be exacerbating ethnic disharmony by setting the immigrant groups against the host Banyoro, with a view to disciplining those involved.
Migration and settlement
The commissions says Ugandans and foreigners who settled in Bunyoro-Kitara Kingdom before 1982, should have their stay legalised. Aliens who came after 1982 should either be deported or be allowed to continue staying in the country as refugees in the camps of Kyangwali and Kiryandongo. Ugandans who settled after 1982 without authority or proof of ownership of the land on which they are settled must either be asked to leave and go back to their places of origin or be resettled on government land. As a matter of urgency, entry of immigrants through all boarder points in the country in general and Bunyoro regions in particular must be very tightly controlled.
Settlement of Ugandans anywhere in Uganda must be guided and controlled by the land tenure system in the area. The Government must immediately put in place a land use policy that will stimulate development and check conflicts arising from land.
It is recommended that the existing resettlement camps in Bunyoro be immediately closed and their leaders laid off, and that no new settlers should be allowed into the camps. Any new resettlements in Bunyoro region should be stopped by the Government except for those entrants who have land sale agreements between them and bona fide land owners in the area and are merely executing those agreements.
Nomadism should also be banned in the region and mass movement of cattle be stopped, except where such movement is to a new legally acquired land sufficient to graze the stock being moved or where there is an emergency officially declared by veterinary officials, for example, drought.
The commission noted that in the process of resettling people in Bunyoro from other parts of Uganda, during 1970s and 1190s, a fundamental mistake was made by the Government. The incoming people were made to settle in particular places called resettlement camps. They were isolated from people who were already settled in the area.
This hindered integration between the two groups. This is considered to be the major cause of upheavals in the region because the two groups are now suspicious of one another. It is therefore recommended that any future resettlement of people in this country takes cognisance of this anomaly and mixes the already settled with those to be settled so that people live harmoniously. In the mean time, the Government should commission a study on how to integrate the warring communities in the region.
Land
The commission noted that Bunyoro Kingdom was denied any form of land ownership by the colonial government due to King Kabalega’s resistance against British rule. Therefore, it was recommended that the land over which the kingdom has full control and is uncontested should be immediately surveyed and freehold titles prepared in favour of the King or the Kingdom, as the case may be, at the cost of the Government. This is seen as a way of rectifying historical injustices. The Government should also rehabilitate the palace of the Omukama of Bunyoro-Kitara Kingdom, just as it has done in Buganda, Tooro and Busoga Kingdoms, the commission said.
The commission also recommended establishment of a government committee, preferably chaired by a person at the rank of a High Court Judge, to identify the land that traditionally belonged to the Kingdom. The land was either encroached on or taken over by the central government as forest reserves, game reserves or national parks.
A land demarcation committee should be established for each of the districts with the responsibility to demarcate land belonging to each household, so as to enable it secure a certificate of occupancy with a view to getting a certificate of title in future.
The commission received complaints from many people, mostly the indigenous Banyoro, who had on the advice of Hon. Baguma Isoke, the then lands state minister, handed over their Mailo land titles to the Uganda Land Commission for compensation. However, three to four years later, they have not received the said compensation. The commission recommended that these cases should be settled immediately by way of compensating those that surrendered their titles, or have their land titles returned to them forth with.
The Government should not degazette any reserves as has been demanded by some sections of the population, since as the commission was reliably informed, there is no shortage of land in the region, the commission says. It adds that the Government immediately resettles and compensates the original 350 families who were displaced by Palestinians during the Amin government. Ownership of the the land has since passed from Palestinians to UPDF and now Mukwano Group of Companies.
The commission learnt about a wrangle between peasants of Kasongoire parish and Kisonga village on one hand and Kinyara Sugar works Limited on the other. The land was enclosed by Kinyara Sugar Works when the area was being surveyed. The commission recommend that the areas in question be left out of the land title for Kinyara Sugar Works, as is the wish of the people of Kasongoire and Kisonga.
In 1996, Masindi District Council resolved to give land measuring two square miles in Karujubu Sub-County to the Police. This was part of public land. The commission recommends that the Police should avail money to cater for the compensation for both crops and buildings that were on the land.
The commission recommends that the Government takes over land belonging to the absentee landlords and pays them compensation; but that where some landlords are unwilling to accept compensation, the Government should invoke Article 237(2) (a) of the Constitution on grounds of public interest and more particularly of public safety. It was note that due to the animosity between the landlords and the customary holders, the absentee landlords are never likely to put this land to any good use at anyone time in future.
There are complaints that the Commandant of the resettlement scheme in Kagadi was selling government land to individuals and re-allocating the land which was already allocated. The Police or IGG should investigate the allegation with a view of prosecuting the Commandant if the allegations are found true, the report says.
The ranches restructuring exercise in Masindi District has not yet been concluded. It is recommended that this issue be taken up by the committee of ministers which replaced the Ranches Restructuring Board and all outstanding issues be concluded to avoid the confusion surrounding it.