How Acholi subregion is navigating the complex customary land issue
The Acholi, deeply rooted in tradition, hold the belief that land belongs to the Dead, the living, and the unborn implying that land is majorly customarily owned.
About 93 % of land in northern Uganda is owned under customary tenure with no formal titles or certificates of ownership (Ker Kwaro Acholi, 2008).
Former Aruu county Member of Parliament, Hon. Odonga-Otto asserts, “Our customs say, me Odonga-Otto, I am holding land for the dead on behalf of those who are not yet born.”
However, a decade of migration has led to a surge in the population of the area, putting immense strain on resources.
Statistics further reveal a significant influx into the city area, intensifying the struggle for sustainable land utilization.
Rapid urbanization and population growth drive the shift towards individual property ownership, challenging traditional norms.
Women’s land rights, youth aspirations, and increased investment further strain the customary land system.
But political figures like Odonga Otto’s stand on the issue shed light on the struggles of vulnerable groups, including women and displaced individuals, grappling with insecure land rights.
According to Odonga-Otto, trustees of customary land are the cultural leaders who have the mandate to make any land-related pronouncements. “No one can make any decision on the matters of land in Gulu except the Acholi Cultural leaders”
Odonga Otto emphasizes the contentious issue of balaalo (pastoralists) and its impact on land rights in the region,
He says the pastoralist acquisition of land in Gulu was unlawful, “They have papers to prove ownership however, they were duped.”
Whereas Article 9 of the Land Act grants conversion of customary tenure to freehold tenure, parties involved must follow a very stringent procedure short of which the transaction is deemed to be unlawful.
Customary land ownership does not guarantee women's land rights. Nyeko Lucy, a women activist says, “Women in Acholi, have no right to own land.” this is done with the presumption that a woman will be married off eventually, therefore there would be no need for her to own land.
The Land Act 1998 Cap 227 poses a significant challenge, as the law on bona fide occupants clashes with the customary practice of communal ownership.
Article 27 of the Land Act States that any decision taken in respect of land that denies women, children, or people with disabilities, access to ownership, occupation, or use of any land or imposes conditions that violate Articles 33,34, and 35 of the Constitution on any ownership, occupation, or use of any land shall be null and void.
The dual land ownership system in Acholi leaves the region entangled in a multifaceted crisis, transcending tradition, law, and economic pressures. Vulnerable individuals, particularly women, find themselves without secure land rights, hindering their aby to be productive in their homeland.
Traditional leaders, acting as conflict mediators, face limitations in enforcing collective rulings. The recourse to the courts of law proves challenging due to limited resources and a substantial backlog of cases.
The absence of a codified system for managing customary land leads to non-uniform decisions. Land transactions to investors, under the guise of compulsory acquisition, leave vulnerable individuals landless.
Contradictions between modern laws and traditional practices, especially regarding bona fide occupants, exacerbate the crisis.
The struggle for a sustainable resolution continues as the community navigates the complexities of the evolving land rights.