Local Community Dialogue on Land wrangles in Unyama Sub-county-Gulu District. Photos by Sintes Raymond Obwona
By Sintes Raymond Obwona
Gulu: The local leaders in the Acholi Sub-region are rooting for the mass sensitization of the locals in the Acholi Sub-region on the succession laws regarding property sharing and inheritance, to reduce the rampant land conflicts.
The leaders in Amuru, Nwoya, and Gulu City have already adopted the mass sensitization of locals on the Succession Amendment Act No. 3 of 2022 following training by the Uganda Law Reform Commission (ULRC).
During the training, the leaders were enlightened on the importance of writing a will, management, and administration of an estate, distribution of property, and relevant information about succession in Uganda.
Land conflict in northern Uganda
According to a 2017 research report by the United Religious Initiative (URI) a non-governmental organization focusing on peacebuilding, 90% of the land in northern Uganda is customarily owned.
The report also lists misinterpretation of customary land laws as the top among 13 factors leading to land conflicts in Acholi sub-region. The other factors are poverty and greed, displacements due to conflict, division of communally owned land, population increase, death of elders, foreign investment, loss of boundary markers, weak institutions, corruption, grouping in land matters, and the defiant nature of some youths.
Local leaders on the need for sensitization
The leaders think that sensitizing the masses shall help reduce rampant land wrangles in a sub-region still recovering from 20 years of the Lord’s Resistance Army insurgency.
John Bosco Opio, the Amuru district Chief Administrative Commissioner, asked the local government leaders to organize community outreaches in the sub-counties to ensure local people are taught the new law on succession.
Opio noted that local governments still find challenges handling land-related matters because of widespread ignorance of such laws.
Christina Angura, a resident of Latek-Odong Village, Panok-rac Parish, Lungulu Sub-County, in Nwoya District explained that she is rivaling with her neighbor over a land boundary and trampling on crops by animals.
Angura thereby requested leaders to organize community dialogues in her village on land tensions and the need to coexist harmoniously.
Ben Oluba, the Sub-County Chief of Pogo Sub-County in Amuru District commended the Uganda Law Reform Commission on the awareness dialogue, saying it has encouraged him to implement matters of succession in his locality.
Oluba claimed that he is already leading a sensitization drive in his community to ensure that the local people in Pogo sub-county are aware of the new developments in succession.
Christopher Omara, the Nwoya Resident District Commissioner (RDC) said that enforcing the succession law would help greatly in restoring peaceful co-existence in the communities in the Acholi Sub-region.
Omara explained that Nwoya district is still registering between three and five cases of land wrangles with the police and his office, respectively.
“I immediately opened my office immediately, at least five people would have walked in to report a case of land tension,” remarked Omara.
He also noted that the office of the RDC does not prosecute cases of land disputes but only prevents instances of violent clashes that lead to injuries and death.
“We advise them to secure their land by processing certificates of customary land ownership to prevent current and future disputes,” said Omara.
What other leaders say
Rwot Justine Ociti Binyi II, the Clan Chief of Pagak Chiefdom in Amuru district, said that the succession law is not very well known by his subjects, and spreading it among his people shall help to reduce land and property wrangles.
Rwot Binyi II revealed that the level of land wrangles in his chiefdom was high- at above 50% of the population by 2020.
“The wrangles are mainly caused by the need to acquire more land primarily for sale to meet their daily needs,” remarked Rwot Binyi II.
He further added that as a clan chief, they have passed a bye-law that penalizes the sale of customarily owned land.
“The punishment is administered by the chiefdom’s disciplinary committee during clan meetings,” Binyi said.
ULRC on popularizing succession law
Emmanuel Kaweesi, the Legal Officer at the Uganda Law Reform Commission revealed that the matters of succession encompass; whether the deceased left a written will, whether the deceased left property, and whether the deceased has entitled beneficiaries, including spouses, children and dependent relatives.
Kaweesi pointed out five new changes stipulated in the succession law of 2022 as amended, which are recognition of children born out of wedlock, girl children, and protection in case of a residential holding.
The other two are; the right to share property with the unborn child(ren) provided that it is scientifically proved that the child(ren) belong(s) to the deceased, and also to criminalize those who misappropriate the property of the deceased.
Kaweesi acknowledged that such a law would also streamline and reduce land wrangles since most lands in northern Uganda are mostly customarily owned- with the right to only use it without selling it away.
The significance of writing a will
Kaweesi stated that the major causes of tension emanate from the lack of a written will that would help in managing a deceased estate.
He therefore advised the head of estates to write wills that would help in managing such estates after his or her demise.
“Most people think that when they write a will they shall die, which is not true,” Kaweesi said.
Kaweesi said that writing a will has the sole importance of helping in managing the wishes of the deceased on how his or her properties can be shared or managed.
The need to certify marriages
Jeroline Akubu, the Assistant Commissioner at ULRC has encouraged married couples and those intending to marry to certify their marriages by law so that such marriages are recognized by law.
Akubu said that marriages that are not recognized make it very difficult for spouses to share properties under the Succession Amendment Law No. 3 of 2022, and it is a primary reason why many cannot benefit from their investments.
She advised those intending to register their marriages with government agencies, including; The Uganda Law Society, FIDA Uganda, Legal Aid, and other Justice Centers to get free support in that regard.
Judicial advice on land matters in Acholi
Alfonse Owiny-Dollo Chigamoi, the Chief Justice while speaking to the Acholi people in Atiak Chiefdom Palace in Atiak Town Council, Amuru District in April, explained that most of the locals have become poor because they have failed to utilize their lands, and are selling it off cheaply.
Owiny-Dollo also tasked the cultural leaders in the Sub-region to take an active role in sensitizing the locals about the importance of putting customary lands to use.
On land wrangles, Owiny-Doll urged the Acholi customary landowners to begin processing certificates of customary land ownership to stop or reduce unnecessary sales and fights over customary land.
