FULL STATEMENT: Government warns against illegal evictions over Mailo land

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Wed 16 May, 2018

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The ministry of lands has warned against illegal evictions by landlords, which they say has cost tenants millions in property loss.

State minister for housing, Chris Baryomunsi while speaking at the second day of the National Resistance Movement (NRM) week at the media centre revealed that because of the the country’s land tenure and ownership system, landlords have taken advantage of the Mailo land.

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“Mailo land creates a complex situation where you have duo ownership, the law outlines how you can evict a tenant but what we see is landlords and their agents abusing the law and causing illegal evictions,” he said.

This in the end has rendered many homeless and efforts to seek legal redress has equally not yielded any results.

“People take advantage of of people’s lack of knowledge and evict the tenants but this has to stop,” he addd.

Baryomunsi said that several laws including the Uganda land Commission 2017, Landlord Tenant Bill 2018 and Physical Planning Bill 2018, have been lined up for tabling to cabinet.

“All the Bills have been cleared for submission to cabinet for consideration and approval and thereafter they will be submitted to Parliament for enactment into law,” he said.

MANIFESTO PRESENTATION: MINISTRY OF LANDS, HOUSING & URBAN DEVELOPMENT

(TAKING UGANDA TO MODERNITY THROUGH JOB CREATION AND INCLUSIVE DEVELOPMENT)

15^th May 2018

INTRODUCTION

The Ministry of Lands, Housing & Urban Development is responsible for providing policy direction, setting national standards and the coordination of all matters concerning lands, housing and urban development in Uganda.

It is responsible for putting in place policies and initiating laws that ensure sustainable land management; promote sustainable housing for all and foster orderly urban development in the country.

Our Vision is “Sustainable Land Use, Land Tenure Security, Affordable, Decent Housing and Organized Urban Development”.

The Mission is: “To ensure sustainable land management, planned urban and rural development and decent housing for all”.

Our Mandate is “To ensure a rational; sustainable and effective use and management of land and orderly development of urban and rural areas as well as safe, planned and adequate housing for socio-economic development”.

NRM Government Commitments in the NRM Manifesto (2016 – 21)

Implement the additional initiatives required to create an efficient and effective land administration system;

Implement the National Land Policy and reform the relevant laws to be in consonance with it;

Undertake systematic registration of individual and communally-owned land;

Implement a programme of action for strengthening institutions and mechanisms for land dispute resolution and mediation at the Local Government level;

Increase the amount of money allocated to the Land Fund;

Continue to enforce the law to protect the rights of lawful and bonafide tenants;

Implement the National Housing Policy to guide the development of housing, including social housing to address the housing deficit;

Attract international financiers to partner with government and the private sector to provide affordable housing finance and real estate projects in the country;

Increase the role of the public sector in putting up houses in organised settlements both in rural and urban areas;

Encourage the formation of a housing provident fund where workers make regular savings for them to build personal houses;

Support the development of housing co-operatives as a vehicle for delivering affordable houses;

Capitalise the National Housing and Construction Corporation (NHCC) to be a lead agency in providing low and middle-income houses in urban centres;

Implement the Kireka Slum Redevelopment project in Kireka-Banda slum area;

Under the Transforming of Settlements of the urban poor in Uganda (TSUPU) Project, the slums in the five municipalities of Jinja, Mbale, Arua, Kabale and Rukungiri will be upgraded;

Support comprehensive planning for both urban and rural areas to promote orderly development of settlements;

Promote nucleated settlements in rural areas to free land for large scale commercial farming;

Elevate the status of Arua, Gulu, Mbale and Mbarara municipalities to regional cities;

Develop a National Physical Development Plan (NPDP) including physical plans for all cities, municipalities, town councils and town boards;

Set up a quality unit and information system for Physical Planning linked to key Local Governments and the Land Information System;

Develop sub-regional PDPs for the Kampala-Jinja corridor and the Karuma-Lira-Gulu corridor, and others identified as priority in NPDP;

Develop PDPs along the Northern Corridor Infrastructure Projects (NCIP) to identify and plan development nodes such as industrial hubs and tourism towns;

Re-tool the Directorate of PP&UD to be able to train, set up, support, supervise and monitor plan preparation and implementation at the Local Government level.

KEY ACHIEVEMENTS AGAINST TARGETS

Manifesto Pledge

2016 -2021

Tasks accomplished

Part 1

Implement the additional initiatives required to create an efficient and effective land administration system

· Construction and renovation of 13 Ministry zonal offices to take land services closer to the citizens has been completed in Wakiso, Mbarara, Masaka, KCCA, Jinja, Mbale, Arua, Masindi, Mukono, Fort Portal, Lira, Gulu & Kibaale. The offices are operational.

· All freeholds, Leaseholds and Certificates of Customary Ownership (CCOs) have been computerized. Most of the Mailo records are also computerized with work underway to complete Bulemezi and Singo mailo land titles.

· A Records and Archival Centre has been constructed in Entebbe to store all the paper records after digitalizing them.

· A National Land Information Centre has been constructed in Kampala to support the development and implementation of the Land Information System (LIS)

· Land Registry Open days have been held at the MZOs for Land owners and land users to verify their land title information free of charge.

· Search Letters are available to investors from the Government One Stop Shop under URSB. A Search takes less than 2 hours to be completed.

· Digitalizing and scanning of cadastral maps for the 13 operational MZOs is complete and survey and mapping services have been taken closer to the citizens.

· Developed and disseminated land related information materials (in English and Local Languages) to the public (Clients Charter, Access to Information Manual, Posters and simplified Booklets).

Implement the National Land Policy and reform the relevant laws to be in consonance with it

· Finalized the drafting of the Uganda Land Commission Bill 2017, Landlord-Tenant Bill 2018, Physical Planning (amendment) Bill 2018 and the Physical Planners’ Registration Bill 2018. All the Bills have been cleared for submission to Cabinet for consideration and approval and thereafter they will be submitted to Parliament for debate and enactment into law.

· Finalized the preparation of the Regulatory Impact Assessment (RIA) for the proposed amendments/new laws of the following: The Registration of Titles (amendment) Act, Land Acquisition (amendment) Act, Surveyors’ Registration (amendment) Act, Land Information and Infrastructure Bill and Survey and Mapping Bill. The review/enactment of new land related laws is aimed at making land administration and management services more effective and efficient.

Undertake systematic registration of individual and communally-owned land

· Supported the registration of Certificates of Customary Ownership (CCOs) in Kabale, Kasese, Adjumani, Nwoya, Soroti and Katakwi districts and the formation of over 200 Communal Land Associations in Karamoja, Bunyoro and central regions.

· Piloting in Ntungamo (2443 parcels surveyed, titles for 700 parcels have been processed and issued), and more Deed Plans are being prepared to enable Title preparation;

· In Iganga 785 Parcels of land were adjudicated, surveyed and plotted and titles for the same 785 parcels were processed and issued;

· In Kibaale, 344 Freehold titles have been issued to former tenants on registered land;

· In Mbale 200 parcels have been processed.

Implement a programme of action for strengthening institutions and mechanisms for land dispute resolution and mediation at the Local Government level

· Establishment of a Commission of Inquiry into land matters is currently in place;

· A Dispute Resolution Desk has been established in the Ministry;

· Handled evictions in the Buganda, Bunyoro and Ankole regions;

· A proposal for Alternative Dispute resolution has been developed;

· Training and Capacity building plan for Land Administration institutions is in place;

· Training has been completed for all approved DLBs in the Country;

· Carried out training of District Surveyors;

· Collaborated with Development Partners to develop training tools;

· Continued with the program of action for strengthening institutions and mechanisms for land dispute resolution and mediation at the local government level by holding stakeholder meetings with Justice Law and Order Sector (JLOS) institutions and other stakeholders on matters of land dispute resolution and access to land justice for all.

Increase the amount of money allocated to the Land Fund

· Land Fund Regulations have been approved by Cabinet to support the operations of the Land Fund.

· The Land Fund, under the Uganda Land Commission has acquired 20,850.94 hectares of land in Kibaale, Ankole, Toro and Buganda.

Continue to enforce the law to protect the rights of lawful and bonafide tenants

Assisted the tenants of Kayunga (Nkokonjeru to process process registrable interests for their bibanjas. The villages include: Namusaala, Nakyesa, Kawolokota west, Kyatto 1-3, Kawolokota East, Namavundu A, Namavundu B, Namizo A, Namizo B, Bulawula A, Nkokonjeru A, Tweyagalire A, Kyato, and Kyetume1-3 in the subcounties of Kayonza and Kitimbwa.

Part 2

Implement the National Housing Policy to guide the development of housing, including social housing to address the housing deficit

· Developed a costed implementation plan

· Disseminated the National Housing Policy;

· The policy will provide policy direction and provide basis for legislative actions and strategies.

· A draft National Urban Policy with a costed implementation plan has been developed for consideration and approval.

Attract international financiers to partner with government and the private sector to provide affordable housing finance and real estate projects in the country

· Cabinet approved the National Urban Policy, 2017. The policy provides a framework for the managing the urbanization process in the country. It also provides a criterion for declaring and upgrading urban centres.

· Developed proposals for Alternative financing for Civil and Housing Infrastructure for Cabinet approval;

· Development of housing standards is underway to ensure that those, especially in earthquake prone areas stand the test of time.

Increase the role of the public sector in putting up houses in organised settlements both in rural and urban areas

· Developed proposals for Alternative financing for Civil and Housing Infrastructure for Cabinet approval;

Encourage the formation of a housing provident fund where workers make regular savings for them to build personal houses

· Carried out preliminary preparations to form housing cooperatives for all civil servants;

Support the development of housing co-operatives as a vehicle for delivering affordable houses

· Identified and mobilized groups in Mukono. Wakiso and Kampala districts; 6 have formally registered as Housing Cooperatives and are functional.

Capitalise the National Housing and Construction Corporation (NHCC) to be a lead agency in providing low and middle-income houses in urban centres

· Development of a Mortgage facility for low income people to provide them with houses is in advanced stages.

Implement the Kireka Slum Redevelopment project in Kireka-Banda slum area

· MLHUD in partnership with the National Housing Construction Company is planning to implement the Kireka Slum Redevelopment project in Kireka-Banda slum area. The urban poor will be included in the planning, provision of views, decision-making and implementation. It is therefore an inclusive process. The overall objective of this project is to transform the informal settlement in Kireka into a well-designed and planned human settlement to enhance the urban environments and social economic development through the adoption of mixed development approaches and development partnerships.

Under the Transforming of Settlements of the urban poor in Uganda (TSUPU) Project, the slums in the five municipalities of Jinja, Mbale, Arua, Kabale and Rukungiri will be upgraded

· A Slum Upgrading Strategy was developed and its implementation is on going.

· Under the Transforming of Settlements of the Urban Poor in Uganda (TSUPU) Project, the following slum upgrading sub projects were done in the five Municipalities of Jinja, Mbale, Arua, Kabale and Rukungiri:

o Sanitation and hygiene improvement;

o Power extension and street lighting in informal settlements;

o Constructing drainage facilities; classroom blocks for community schools; opening and upgrading of community access roads;

o Provision of solid waste management facilities;

o Provision of safe water;

o Fencing of community schools; installation of culvert bridges;

o Desilting of anti-malarial drains; and

o Construction of bridges.

Support comprehensive planning for both urban and rural areas to promote orderly development of settlements

· Disseminated Prototype House plans to technical officers handling the housing function in Mbale, Manafwa, Bududa, Sironko, Bukedea, Kumi, Soroti, Bulambuli, Budaka, Rakai, Lwengo and Kalungu districts. Prototype plans have helped in constructing houses that are on plan, in an orderly manner.

Promote nucleated settlements in rural areas to free land for large scale commercial farming

· Identified land for housing development in the following districts: Buliisa, Masindi, Hoima, Kiryandongo, Nwoya, Gulu, Nebbi, Arua, Zombo, Mbarara, Masaka, Jinja and Mbale. The Ministry is engaging investors to invest in real estate sector and housing development to promote nucleated settlements.

Part 3

Elevate the status of Arua, Gulu, Mbale and Mbarara municipalities to regional cities.

· Implemented USMID interventions on infrastructure development to prepare the municipalities elevation to regional cities

· Implementation of the framework for the managing the urbanization process in the country to elevate the status of the areas is underway. A criterion for declaring and upgrading urban centres has been developed.

Develop a National Physical Development Plan (NPDP) including physical plans for all cities, municipalities, town councils and town boards

· Prepared Physical Development Plans for 8 Growth Centres in Hoima and Buliisa districts where it is expected that many people being displaced by Oil and gas activities will resettle, and also economic activities targeting the oil and gas industry will locate;

· Finalized preliminary activities for improvement of local roads in Buliisa Town Council, Hoima District and Buliisa District.

Set up a quality unit and information system for Physical Planning linked to key Local Governments and the Land Information System

· Installed the Physical Planning and Urban Management Information System (PPUMIS) in the 14 USMID participating Municipalities of Entebbe, Masaka, Mbarara, Jinja, Tororo, Soroti, Lira, Gulu, Moroto, Mbale, Kabale, Fort Portal, Hoima and Arua.

· The installed of PPUMIS has eased coordination in planning between the centre and the Municipalities as well as accessing and sharing of spatial data among the Municipalities.

Develop sub-regional PDPs for the Kampala-Jinja corridor and the Karuma-Lira-Gulu corridor, and others identified as priority in NPDP

· Completed the preparation of NPDP options under Economic orientation; Social orientation; Agricultural orientation; Environmental and tourism orientation; connectivity orientation; and integrative orientation.

· Supervised Land Acquisition for Infrastructure Projects both concluded and ongoing for 116 projects; Road Projects: Kampala Northern Bypass; Olwiyo-Gulu ,Masaka-Mbarara and Masaka – Kyotera; Kampala Jinja Express way & Kampala Southern Bypass; Rushere- Nswerenkye, Wenseko-Bugungu, Buhimba -Kakumiro, Kibuye-Busega-Mpigi, Busungu- Kiboga- Hoima ,Lusalira-Kasambya-Nkongo, Kashenyi-Mitooma, Sembabule-Villa Maria, Mubende Kakumiro Kigadi, Fort Portal Bundibugyo-Lamia, Bulima-Hoima-Kabwoya, Buhimbe Kakumiri, Rwekunye-Apac, Puranga-Acholibur, Dokolo-Kaberamaido and LatarNamasale, Mbarara -Ntungamo, Kabale-Katuma ,Mbale-Bwomboki-Bubulo-Lwakwa, Kazo-Kamwenge, Mubende-Kakumiro-Kigadi, Atiak-Moyo-Ayojo road, Karinga-Kalungu-Adwaniko, Mukono-Kayunga & Bukoloto-Njeru, Kibuye-Busega-Mpigi, Palisa-Tirinya, Mbarara-Ntugamo-Kabale-Katuna, Kbwoya-Buhuka road, Mbarara-Ntugamo-Kabale-Katuna, Hoima-Butinda-Wanseko, Musita-Lumino, Masindi-Biso, Kyarushesha -Butole, Kabale-Kisoro-Bunagana, Soroti-Dokolo-Lira among others. UETCL Projects: Mbarara-Mirama, Olwinyo substation, Karuma -Olwiyo, Karuma-Lira, Karuma-Olwiyo, Opuyo-Moroto, Bujagali-Lessos, Tororo-Opuyo-Lira.

Develop PDPs along the Northern Corridor Infrastructure Projects (NCIP) to identify and plan development nodes such as industrial hubs and tourism towns

· The approved National Housing Policy and National Urban Policy provide interventions to develop nodes in the country.

Re-tool the Directorate of PP&UD to be able to train, set up, support, supervise and monitor plan preparation and implementation at the Local Government level

· Capacity building programmes for the technical staff are underway.

MAJOR CHALLENGES

Delays affect the Land Acquisition process especially for infrastructure development projects

Inadequate funding

FORCAST FOR SECTOR PRIORITIES IN FY 2018/19

Finalise the construction of the 10 Ministry Zonal Offices (MZOS) and fully operationalize the Land Information System (LIS) to Tororo, Moroto, Mpigi, Kabale, Rukungiri, Mityana, Luwero, Soroti, Wakiso and Mukono. The Ministry services will also be fully decentralized in these areas thus taking services closer to people.

Continue with the implementation of the National Land Policy, National Housing Policy, National Land Use Policy and National Urban Policy.

Submit the Uganda Land Commission Bill 2017, the Landlord-Tenant Bill 2018, the Physical Planning (amendment) Bill 2018 and the Physical Planners’ Registration Bill 2018 to Parliament for debate and enactment into law.

Commence the drafting of the amendments of the land related laws namely: Survey and Mapping Bill, Land Information and Infrastructure Bill, Registration of Titles (amendment) Bill, Surveyors Registration (Amendment) Bill, and Land Acquisition Act (Amendment) Bill.

Finalise the development of the National Land Acquisition, Resettlement and Rehabilitation Policy to guide land acquisition for development projects.

Submit to Cabinet the National Urban Solid Waste Management Policy for consideration and approval of a framework to manage urban solid waste.

Continue with the implementation of the Land Fund as pledged in the Manifesto by regularizing the land rights of bonafide and lawful occupants.

Compensate 2,500 hectares of registered land to bonafide and lawful occupants as well as absentee landlords in Kibaale district, Buganda and Ankole regions with a view of regularizing their land ownership.

Continue with the issuance of land titles, Certificates of Customary Ownership and Certificates of Occupancy as a way of protecting and securing land rights of citizens.

Continue with the surveying and demarcation of national and International Borders.

Process and issue leases on government land to investors, who will contribute to employment creation and poverty reduction.

Continue with updating the Government Land Inventory, so as to safeguard Government land from encroachment and grabbing tendencies.

Continue with implementation of housing related projects to ensure low cost and affordable housing for the low and middle income earners.

Commence the implementation of the Uganda Support Municipal Infrastructure Development (USMID) Program that is aimed at improving and expanding urban infrastructure.

Continue with implementation of Physical Development Planning of the Albertine Grabben, Northern region, Eastern region and other areas to outline national level spatial development proposals in the different regions of the country in line with the National Development Plan as well as ensure proper planned areas.