Where do I report my land dispute? The impact of institutional proliferation on land governance in post-conflict Northern Uganda.

In Sub-Saharan Africa, Uganda has been hailed for embarking on an intensive decentralization programme. Whereas a lot of literature assumes that decentralization leads to improved service delivery, it is unclear to what extent this is the case in practice, especially when it comes down to decentralized land governance. This paper, which is based on ethnographic research carried out between 2011 and 2013, argues that decentralization of land governance in post-conflict Northern Uganda fails to realize the expected benefits and instead has increased tenure insecurity. Decentralization of land governance gave rise to institutional multiplicity by creating new institutions that add on to the already existing authorities and regulations. Institutional proliferation in land governance that is fuelled by legal pluralism and decentralization results into confusion in land dispute resolution and the failure of institutions to effectively resolve land disputes in post-conflict settings. This exacerbates the dilemma of people who do not know where to go to seek redress to land disputes. While this multiplicity of both statutory and customary institutions creates choices and opportunities for both people and institutions in relation to land governance and in particular land conflict resolution, they are also used by power holders and authorities in political competition at local level, complicating the process of land dispute resolution. The struggle for authority between representatives of the state and of customary land institutions becomes especially problematic because it merges with local and national politics.ASC – Publicaties niet-programma gebonde

The multifaceted relationship between land and violent conflict: the case of Apaa evictions in Amuru district, northern Uganda

Contains fulltext : 181954.pdf (publisher's version ) (Closed access)This paper argues that violent conflict prominently impacts on land governance and so contributes to land conflicts in post-conflict settings. In the natural resources literature, the relationship between land and conflict is often explained in terms of environmental security or political ecology, and many have pointed out that the way land is governed in itself may be a source of conflict. However, less attention has been given to the effects of violent conflict on land and its governance in post-conflict situations. This paper argues that violent conflict affects land governance in many ways and that this in turn might contribute to further violent conflict. The argument builds around an extended case study of the Apaa evictions in Amuru District in Northern Uganda. The case illustrates how conflict around land is not just the result of resource scarcity and competition, but is the outcome of a combination of political, historical and social dynamics. Past policies on land and practices of land governance play a critical role in this. However at the same time, violent conflict has a critical impact on land access, transforms land governance authority and the rules applied. The land conflicts resulting from this, in turn, fuel ethnic tensions between local population groups, and grievances about those in power and the institutions that govern natural resources. The ways in which such problematic conflict-induced changes in land access and governance are dealt with by policymakers is critical for post-conflict stability