National Land Use Policy

THE REPUBLIC OF UGANDA MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENT THE NATIONAL LAND USE POLICY MODERNISATION THROUGH PLANNED LAND USE, URBANISATION, INDUSTRIALISATION AND A DEVELOPED SERVICES SECTOR June 2006 ii TABLE OF CONTENTS List of Acronyms and Abbreviations………….....................................................iii List of Figures………………………………………………………..………..…iv Foreword……………………………………………………………………….…v Preamble / Executive summary ............................................................................ vii SECTION 1: BACKGROUND TO THE LAND USE POLICY ...................... 1 1. Background .............................................................................................. 1 1.1 Land use in Uganda. ................................................................................ 1 1.2 Land use in The National Economy. ........................................................ 3 1.3 Justification for a National Land Use Policy ........................................... 5 1.4 Key Issues in Land use in Uganda ........................................................... 6 1.5 Role of Government. .............................................................................. 32 1.6 Role of Civil Society. ............................................................................. 32 1.7 Education, Training and Research ......................................................... 33 SECTION 3: NATIONAL LAND USE POLICY STATEMENTS ................ 37 1. Land use/ Land cover classification ......................................................... 37 2. Agriculture ............................................................................................... 38 3. Natural resources ..................................................................................... 48 4. Human settlement and urbanisation. ........................................................ 55 5. Land management and administration ..................................................... 63 6. Legal and institutional framework ........................................................... 66 7. Regional and international obligations .................................................... 68 SECTION 4: ENABLING ENVIRONMENT FOR IMPLEMENTATION OF THE NATIONAL LAND USE POLICY ................................................................... 69 Annex I: Legislation and Policies Related to Land Use in Uganda ..................... 74 Annex II: International conventions .................................................................... 75 Annex III: Participants in the Land Use Policy formulation process .................. 75 iii LIST OF ACRONYMS AND ABBREVIATION AEZ : Agro Ecological Zones CSOs : Civil Society Organisations DLBs : District Land Boards DHS : Department of Human Settlement, MoWHC FD : Forestry Department GIS : Geographical Information Systems LSSP : Land Sector Strategic Plan LU/LC : Land Use / Land Cover LUPWG : Land Use Policy Working Group MNR : Ministry of Natural Resources MoWHC : Ministry of Works, Housing and Communications MWLE : Ministry of Water, Lands and Environment NAADS : National Agricultural Advisory Services NARO : National Agricultural Research Organisation NEAP : National Environment Action Plan NEMA : National Environment Management Authority NEMP : National Environment Management Policy NGOs : Non-Governmental Organizations PEAP : Poverty Eradication Action Plan PPD : Physical Planning Department THFs : Tropical High Forests UBOS : Uganda Bureau of Statistics UNCHS : United Nations Commission for Human Settlement (Habitat) iv LIST OF FIGURES Figure 1 : Drainage, Wetlands, Lakes and Rivers……………….Page 5 Figure 2 : Uganda Soils per FAO classification..……….……….Page 9 Figure 3 : Gazetted areas………………………………………...Page 15 Figure 4 : Forest Reserves……………………………………….Page 17 Figure 5 : Classification of Districts by Population density…….Page 55 v FOREWARD Land utilization makes an overwhelming contribution to the national economy. Land is a basic resource for virtually all socio-economic activities and therefore it must be sustainably utilized for posterity. Uganda has registered significant socio-economic achievements since 1986 and these have generated some impacts on land that have negative implications for sustainability. The overall aim of this National Land Use Policy is to achieve coordination, sustainability and optimal land utilization for socio-economic development. It is important to note that the National Land Use Policy has its roots in the legislative and policy framework that guides the country today. Articles 237(7) and 242 of the constitution of Uganda are very clear on the need to make laws and formulate policies on planning and land use. Furthermore, the philosophy and vision of the Movement Government regarding the development of the country puts a lot of emphasis on sustainable utilization of natural resources to transform the Ugandan society from a backward, peasant society to a modern, industrialized and private sector driven economy. This vision is also highlighted in the 15-point programme. The success of the Poverty Eradication Action Plan (PEAP) in improving the live hoods of millions of Ugandans will also depend on how rationally land is utilized. Whereas the Uganda Government has put in place several policies, strategies and institutions for managing land utilization, a comprehensive national land use policy has been lacking. vi This policy addresses issues of agriculture, urbanization and human settlement, industrialization and infrastructure development, environmental management and conservation. I wish to extend my sincere appreciation to all those who contributed to the development of this Policy. In particular Environmental Management Associates (EMA) and Development Consultants International Ltd (DCI) who prepared the Issues Paper and the Draft Policy respectively as well as the Land Use Policy Working Group which steered the process up to the final Draft. Special appreciation also goes to Donors, Local Government Officials, and NGOs, Private Sector, Professional Organizations and the general public who participated in the consultative process. I encourage all stakeholders to take interest in the strategies that have been evolved and focus on implementation. Daniel Omara Atubo -MP MINISTER OF LANDS, HOUSING AND URBAN DEVELOPMENT vii PREAMBLE / EXECUTIVE SUMMARY Land comprises all elements of the physical environment to the extent that these influence the potential for land use. Thus, land refers to soil, landforms, geology, climate and hydrology, the plant cover, and fauna including insects and microorganisms. The nature of utilization under which land is currently put or the possible kinds of uses under consideration for the future is referred to as Land Use. Uganda is well endowed with natural resources on which her economy is essentially based. However, despite this endowment, pressures arising out of the country’s quest for economic development, high rate of population growth and poor land use planning practices are putting serious strain on land and its resources. This has led to inappropriate decisions in the allocation of land use activities that are manifested, among others, in form of: land degradation, mainly soil erosion; loss of vegetation cover; loss of biological diversity; wetlands degradation; pollution; uncontrolled urban development; conflicts over land use; and reduced land productivity. Government recognizes the fundamental nature of the intricate inter-relationship between population and development, and the central role land use plays in fostering the requisite balance. As early as 2001, the Ministry of Water, Lands and Environment was aware that given the national emphasis laid on co-ordination efforts to achieve wider poverty eradication and other policy goals, developing a comprehensive national land use policy and harmonizing related laws was a matter of priority. It is against this background that Government committed resources for the preparation of a National Land Use Policy. In support of the national objectives on poverty eradication and economic growth, while at the same time ensuring sustainable utilization of natural resources including land, the National Land Use Policy sets the following goals: viii The Overall Policy Goal The overall goal for the national land use policy is “To achieve sustainable and equitable socio-economic development through optimal land management and utilization in Uganda” Specific Goals The specific goals for the national land use policy are the following: 1. To adopt improved agriculture and other land use systems that will provide lasting benefits for Uganda. 2. To reverse and alleviate adverse environmental effects at local, national, regional and global levels. 3. To promote land use activities that ensure sustainable utilization and management of environmental, natural and cultural resources for national socio-economic development; 4. To ensure planned, environmentally friendly, affordable and well-distributed human settlements for both rural and urban areas. 5. To update and harmonize all land use related policies and laws, and strengthen institutional capacity at all levels of Government. The principles that govern the national land use policy are a reflection of the fact that sustainable, equitable and integrated natural resource utilization and distribution are essential for national social and economic development. The following principles apply in pursuit of these goals: 1. Land is a fixed resource and is becoming scarce in many areas. Changing human needs and a growing population result in competition of the different uses for the same land. Demand for land is often greater than its availability. In addition, some present land use practices have, as a result, led to its severe degradation. This situation calls for systematic land use planning. 2. Land belongs to the citizens of Uganda as prescribed by the National Constitution, and they should be empowered to sustainably utilize and manage it. 3. Land is a basic resource for many uses including production of crops, livestock, fisheries, timber, fuel wood, construction materials, minerals, and for nature conservation. ix 4. A wide variety of sustainable land use practices are available and can be adapted to the specific needs, limitations, resource bases and economic conditions of different land sites. 5. Policies, programmes and projects can be used to effectively implement land use plans. 6. Land evaluation serves as a basis for land use planning through assessing the suitability of different tracts of land and sites for specified alternative forms of use. 7. Modern technology including satellite-based data sources can be used for national land use monitoring to refine, update and verify databases for tracking land use changes and their effects. 8. Strong institutional arrangements and well-defined policy implementation mechanisms will result in the realization of benefits related to the implementation of the National Land Use Policy. 9. Community based, participatory land use planning is important strategy for fighting poverty and ensuring the sustainability of land resources. 10. Development of comprehensive, accessible and user-friendly land use databases is a prerequisite to judicious land use planning and management. 11. Practices that take into consideration vulnerable and marginalized groups are likely to result into fair distribution of benefits from land use planning. 12. Recognizing gender roles in the use of land is a pre-requisite to appropriate land use planning. 13. Development and implementation of a comprehensive monitoring and evaluation strategy is important to ensure that land use in Uganda is consistent with the national land use plan. 14. Land ownership has a significant bearing on land use. 15. The success of the implementation of the Land Use Policy will greatly depend on its linkages with other relevant policies. A number of issues that are associated with land use in Uganda are identified. They mainly relate to the following key areas: 1. Lack of adequate information on land use. 2. Inadequate land use planning structures and capacity at all levels in the country. 3. Lack of harmonization of laws and policies related to land use. x 4. Insufficient and uncoordinated land evaluation for suitable land allocation. 5. Poor implementation of existing policy and legal instruments related to land use. 6. Inadequate financial resources for institutions responsible for land management. A number of corresponding specific policy statements are made on how the policy goals will be achieved. The key land use areas whose issues are addressed by the policy statements are: 1. Land use/Land cover stratification (Land use information). 2. Agriculture. 3. Natural resources. 4. Human settlements and urbanization. 5. Land management and administration. 6. Institutional capacity. 7. Regional and international obligations. The need for an integrated approach towards land use planning is highlighted. This includes harmonization of existing policies and laws where they contradict each other or formulation of new ones where the necessary ones are non-existent. Finally, the coordination of activities of all stakeholders in land use planning is emphasized. In particular, the involvement of land owners, community groups, women, youth and the poor in making land use related decisions that affect them is regarded as being critical in the successful implementation of this policy. 1 SECTION 1: BACKGROUND TO THE LAND USE POLICY 1. BACKGROUND 1.1 Land use in Uganda. The underlying premise on which the practice of judicious management of natural resources is based is that an equitable and sustainable relationship between human and natural resources is fundamental and essential to the stability and progress of a nation. Its successful rationalization and optimization, therefore, must be an integral part of the overall process of planned development. Land and land resources constitute the most important natural resources in the country. The people of Uganda mostly depend on them to sustain their livelihoods; from the food they provide, to the land on which homes are built, to the myriad of goods and services that are essential for their survival. Land and its resources make this country habitable: purifying air and water, maintaining biodiversity, decomposing and recycling nutrients, and providing many other critical functions. Utilization of these land resources forms the root of Uganda’s economy and provides the majority of employment opportunities in the country. The future of this country, therefore, rests on the continued viability of the land and the resources it supports. This implies that the use under which land in this country is put must first be carefully assessed, and the most suitable option promoted. The identification of this option must take into consideration economic, environmental, and spatial and tenure aspects of land use. The economic objectives demand that land be put to its most productive, economically viable and sustainable use. Improved productivity of land, which at the same time pays due attention to the need to minimize degradation should be the key consideration. The economic costs of mismanagement of land will exact a heavy price on Ugandans, especially the rural poor. 2 Broadly speaking, land utilization in Uganda can be divided into three components, namely: agriculture (crops and livestock), the built areas, and land reserved for conservation. However, these utilization categories are not exclusive of one another. The inter-linkages between the three broad categories results in the country being characterized by the following seven land use types. These are: � Areas exclusively devoted to agriculture (cultivation and grazing). � Exclusively built areas. � Areas exclusively reserved for conservation (Forest Reserves, Wildlife Areas and Wetlands). � A combination of built and conservation areas (e.g. Jinja and Entebbe Municipalities are also designated as Animal Sanctuaries). � A combination of agriculture and built areas (e.g. urban agriculture). � A combination of agriculture and conservation (e.g. buffer zones, Wildlife Reserves and Community Wildlife Management Areas), and � A combination of agricultural land, built and Conservation areas (e.g. Jinja and Entebbe Municipalities) Land is a finite asset although it is possible to manipulate it to yield a larger stream of benefits. The optimum use of land is, therefore, of paramount importance and calls for management systems that guarantee environmental sustainability while at the same time addressing broader social and economic objectives. The optimal utilization of this finite resource will, therefore, also require that institutions responsible for land management are relevant, cost-effective, efficient and sustainable. It also calls for democratic, participatory, transparent and accountable planning and implementation, decision-making, and monitoring processes and approaches. Although land is a finite asset, it is undergoing continuous change. The forces that drive land use change are a complex mixture of social, physical, economic and political factors magnified by a high rate of population growth and urbanization. In 1950, Uganda’s population was 4.762 million, 3.1% of whom lived in urban areas. In 2002, the population was 24.7 million, with 12% living in urban areas (UBOS, 2002). By the year 2025, it is estimated that Uganda’s population will be about 54 million, with over 30% living in urban areas. 3 While the country is striving for modernization it is still dependant on its natural capital. The demands placed on the environment to provide resources for human consumption and to absorb waste will continue to grow with the rising population and increasing per capita consumption. Given that Uganda is to a large extent dependent on land resources, the future can only point to increasing pressure on these resources. In the absence of proper land use planning, productive land uses will perform poorly, and this will constrain national economic growth. 1.2 Land use in The National Economy. The total surface area of Uganda is about 241,500 km2 of which 194,000 km2 is land, and the rest is open water and wetlands (Fig 1). The country is also one of the least urbanized in Africa. Close to 88% of Ugandans live in rural areas and are pastoralists or practice subsistence agriculture. Agriculture is the dominant form of land use in the country, and crop production is the key economic activity under this sector. Almost 70% of farm holdings are engaged in crop production as a principal activity and about 25% are engaged in mixed farming. Ugandan farmers grow both food and what are considered traditional cash crops. The traditional cash crops are Coffee (Arabica and Robusta), Cotton, Tea and Tobacco. These have for a long time formed the bulk of the country’s agricultural exports, earning the much-desired foreign exchange. However, as Uganda’s exports become increasingly diversified due to trade liberalization, the country’s non-traditional agricultural export crops have taken on an increasing importance as foreign exchange earners. The Agricultural sector is responsible for almost half of the Gross Domestic Product, and employs close to 80% of the population. Other forms of land use that contribute significantly to the national economy include: Wildlife Management (through tourism and employment), Forestry (provision of forest resources and services), Wetlands management (through wetlands products and services), and Human settlements (through industrial production, commercial enterprises and employment). 4 Fig 1 - Source: Biomass (FD) 2002 5 Uganda’s land is currently being poorly managed. Although land use has helped to post impressive economic growth over the past 15 years, this has come at a cost in terms of land degradation. Land and land resource degradation account for over 80% of the annual costs of environmental degradation. By 1991, conservative estimates of the annual cost of environmental degradation were put at about US $ 157 – 480 million (Slade and Weitz, 1991). Capitalized at Government’s social opportunity cost of capital of 12% per annum, the environmental degradation costs represent an environmental debt of US $ 1– 4 billion today. Uganda can hardly afford to add this hidden but additional debt to its official indebtedness to external and domestic creditors. A properly articulated response to this problem would be a clear indication of the country’s commitment towards reducing or even eliminating this environmental indebtedness, perhaps even at a net benefit to communities and the private sector. Such a response would preferably take the form of a National Land Use Policy. 1.3 Justification for a National Land Use Policy Uganda has never developed a comprehensive Land Use Policy for sustainable land utilization, although this has been a common recommendation of several Governmental and non-Governmental institutions and processes. For example, in 1994, during the National Environment Action Plan (NEAP) Process, the need for a national land use policy was recognized, and it became part of Government’s National Environment Management Policy (MNR, 1994). It was agreed that the policy would lead to the development of a national land use plan. The National Environment Statute (1995) provides for the development of land use plans at national and district levels. More recently, during preparation of the Land Sector Strategic Plan (LSSP), the need to prepare a Land Policy was identified as a priority. According to the Ministry of Water, Lands and Environment (MWLE), given the emphasis laid on 6 coordination efforts to achieve wider poverty eradication and other policy goals, developing a Land Policy and a Land Use Policy are a matter of priority. Due to the inadequate guidance to land utilization in Uganda, policies which relate to land use are scattered in various institutions of Government, with varying and often conflicting responsibilities for land use management, while others are overlapping without clear policy guidelines. Secondly, as Uganda’s population grows (currently at 3.4 % per annum) with greater demands for socio-economic activities, there is increased competition between land use needs particularly for urban development, agriculture, industry, nature conservation and environmental protection, among others. A Land Policy is a systematic framework for addressing the role of land in national development, land ownership, distribution, utilization, alienability, management and control. A National Land Use Policy, on the other hand, is an integral element of the National Land Policy. The aim of a National Land Use Policy is to provide general guidance on optimal and sustainable utilization of land, and is based on the analysis of soil types, topographic features, and agro-ecological considerations, as well as social and demographic factors. Importantly, the Land Use Policy must address the various use categories and the conflicts that arise from competing demands. 1.4 Key Issues in Land use in Uganda The following issues have been identified as being of priority concern in the management and utilization of land in Uganda. 1.4.1 Agriculture (a) Issue: Land availability, productivity potential, capability and sustainability for agriculture is not adequately known. The capability and suitability of land to support various agricultural activities, let alone its productivity potential and its ability to sustain certain land uses are not well known. This in turn makes it virtually impossible to allocate land to its most 7 optimal uses. Ideally, land should be zoned based on geological, pedological and agro-climatic factors that reflect suitability for various uses and sustainability of use. (b) Soil maps are outdated and not detailed enough for land use planning purposes. The last soil survey covering the whole of Uganda was a reconnaissance one, carried out during the period 1958 – 1960. The survey produced soil maps at a scale of 1: 250 000. The mapping unit used for the survey was the soil series/soil associations. The information resulting from the survey was so general that it currently serves very little purpose in the modern requirements for land use planning. Nevertheless, from that survey and using D'Hoore’s classification, Uganda’s major soil types were identified and classified. The current major soil resource map is a generalized one that displays the combined characteristics of soil composition, soil temperature, soil moisture, slope, land use, and vegetation at a scale of 1:1000000 (Fig 2). There is now need for more detailed surveys and mapping of the country’s soils to facilitate better management and planning. (c) In heavily settled areas, land fragmentation is a significant problem and is expected to get worse. In heavily settled areas, land fragmentation leads to land degradation. Land fragmentation refers to a situation where land is owned in parcels which are usually small and scattered in many places. These pieces are normally not more than 0.5 ha in size. In areas of fixed tenures, especially in the freehold and mailo systems, land inheritance means sub-division of existing holdings. This implies that in heavily settled areas sub-division of existing holdings will increase due to the high population growth rate. At a certain stage, farm holdings may not be able to support households due to this fragmentation, thereby contributing to increased poverty levels. (d) There are extensive occurrences of soil erosion such as sheet, rill and gully erosion due to inappropriate agricultural practices. The most prevalent form of soil degradation in Uganda is soil erosion. This probably has the most serious long-term implications because the processes cannot 8 Figure 2: Source: NARO (Kawanda) & NEMA 2003 9 be reversed easily. Water erosion (inter-rill, rill and gully) and nutrient depletion pose the greatest threat to land productivity in the country. The National Environment Action Plan (1995) identified the most seriously affected areas to include the steep slopes of Kabale, Kisoro, Bundibugyo, Mbale and Kapchorwa districts. It also indicated that even in the relatively flat areas such as Iganga, Kamuli, Tororo and Kumi, soil erosion continues to occur at an alarming rate largely through rill and sheet erosion, leading to gradual but steadily increasing losses in soil productivity. Soil erosion is worse in the dry sub-humid and semi-arid areas of Uganda where the naturally fragile vegetation cover has been degraded by overgrazing under nomadic pastoralism. Inappropriate use of arable land includes excessive cultivation, cropping too frequently, inadequate fertilization or baring of the soils through grazing or removal of crop residues. Excessive cultivation breaks down soil structure, may compact the soil below the plough layer, and with some soils, cause crusting or setting of the soil surface, thus reducing soil moisture retention and increasing runoff and erosion. Cropping too frequently has similar effects, and in addition depletes soil nutrients, resulting in poor plant cover and reduced yields, especially if little or no fertilizer is added. Land degradation due to overgrazing occurs when livestock populations per unit area of land exceed the safe stocking rate at that time. Concentrations of livestock near watering points, supplementary feeding places and composites also destroy vegetation cover and cause further soil degradation through severe trampling. Finally, in highly populated areas such as Kabale, Kisoro and Mbale, fallow periods have become extremely short and sometimes non-existent due to population pressure on the available land, resulting in soil exposure to rain, and consequently soil erosion. (e) Farmers practice cultivation on marginal lands and in fragile ecosystems. Many farmers practice cultivation on marginal lands and fragile ecosystems. These include: wetlands, riverbanks, shorelines and hilly areas, which are fragile 10 and therefore susceptible to destruction. Extensive areas of Uganda’s wetlands are being “reclaimed” for agriculture, leading to alteration of the physical and chemical properties of their soils as a result of prolonged exposure. Exposure of wetland soils after drainage can frequently lead to their acidification, caused by the conversion of sulphides in the original wetland to sulphuric acid. In some parts, the soil may become too toxic to most plants, thereby making the area barren. Population pressure has also had an effect on marginal lands due to the need for food and fiber by an increasing number of people. For example, in Pallisa and Iganga districts, many wetlands, especially the seasonal ones are under pressure from agriculture. It is estimated that 64% of the total seasonal wetlands in Iganga, and 68% in Pallisa have been converted mainly to rice cultivation. Increasing pressure on land, coupled with poor land use practices has led people together with their livestock in many parts of the country (in districts like Mbale, Kabale, Kasese and Moroto and Kotido) to invade areas gazetted for nature conservation, as well as land considered marginal for agriculture. (f) Rangelands are severely degraded due to overgrazing and other poor animal husbandry practices. Although rangelands occupy a significant proportion of the total land area estimated at 84,000 sq km (43% of the total land area), many of them have been significantly degraded. This has been attributed to a number of causes including overgrazing due to absolute and apparent overstocking, communal grazing, and growth in human population, poverty, bush burning, insecurity, and poor research and extension services for rangeland agriculture. Today rangelands have shrunk to a fraction of what they used to be 3 decades ago, given the invasion and proliferation of cultivation into areas only suitable for grazing. As a result of increasing population, land has become more scarce pushing people into protected and grazing areas, in search of arable land. This is occurring despite the fact that the country has surplus arable land (total arable land is estimated at 16.7 – 18.2 million ha). Poor land management practices such as draining of swamps to establish pastures have also led to severe land degradation. 11 (g) Where surplus land exists, shifting cultivation is the major cause of deforestation and land degradation Increase in population due to high fertility rates in rural areas has led to growth in demand for food, energy and other forest products and services. This has triggered expansion of land under agriculture, resulting in loss of vegetation and excessive cultivation, sometimes associated with reduced crop yields. The most affected are the non-gazetted areas with significant amounts of biomass. The Tropical High Forests (THFs) are vulnerable to extensive slash and burn agriculture common in shifting cultivation practices, while woodlands and bush lands are heavily utilized due to fertility of their soils. These areas are also the main sources of charcoal and firewood, and the land is equally used for subsistence farming and grazing. Large areas of high forest have been cleared in the districts of Kapchorwa, Mbale, Kisoro, Kanungu and Kabale. The districts of Luwero, Kiboga, Nakasongola, Masindi, Mbarara, Rakai, and Sembabule have experienced extensive clearance of woodlands and bush lands. In West Nile, where Tobacco is included in the cropping system, the demand for land and fuel wood is high and, as a result, there has been serious depletion of natural forest and woodland vegetation for firewood. (h) Intensification of agriculture on existing cultivation areas poses the threat of pollution. Agricultural intensification inevitably involves the use of agrochemicals such as fertilizers and pesticides. These chemicals need to be applied in the right amounts and at the correct times. In a number of places, soil degradation has been reported as a result of application of incorrect amounts and poor timing. If improperly used, agrochemicals will pollute ground and surface water through run-off. A recent study has revealed that more than 100 chemicals are being used in the flower production industry alone. Some of them are known to pose health hazards to humans, contaminate fresh water and other ecosystems. For instance, there are over 10 flower farms within a radius of about 30 km from Entebbe, located on the shores of Lake Victoria. Fortunately, the use of agrochemicals in farming in Uganda has generally not yet reached alarming levels. 12 In addition to use of agrochemicals, agricultural intensification is associated with soil degradation as a result of continuous cropping of small plots in the absence of restorative measures to minimize degradation. Consequently the soils are generally leached. Deforestation on steep slopes has also resulted in soil erosion and siltation of water bodies. (i) Weaknesses in the existing land tenure systems have undermined agricultural land production. The land tenure systems (or the form of land holdings) in Uganda are part of the socio-economic factors that can undermine agricultural production. The ownership, management and control of land are regulated by the Land Act 1998 (The Land Act Chapter 227). The Act recognizes four types of ownership of land. They are customary, mailo, freehold and leasehold. A customary tenant can be issued a customary certificate of ownership to recognize and guarantee his/her interest in the land. This provides incentives to the customary tenant to invest in proper land management practices, which are long term in nature. This form of tenure is also regulated by customary rules, which are limited in terms of their operation to a particular group of people, and may provide for communal ownership and use of land. This system of land ownership avoids fragmentation and may encourage good land management. Therefore, it is not thought to undermine production on agricultural land if properly administered. Mailo land ownership refers to the holding of registered land in perpetuity. Squatters have for a long time subjected considerable tracts of Mailo land to degradation. This has undermined agricultural production on these lands. However, a tenant can now obtain a certificate of occupancy from a registered Mailo landowner, which recognizes and protects his/her interest in the land. This should motivate the tenants to invest in land improvement technology and increase agricultural production. Freehold land ownership is the holding of registered land in perpetuity with full powers of ownership, including developing the land, using any and all produce 13 from the land, entering into any transaction in connection with the land, and disposing of the land to any person at will. This land ownership system can encourage land fragmentation, which practice is not conducive to proper soil management and conservation. This undermines production. Leasehold ownership of land is created by contract or by operation of law, whereby the land user leases land from the owner or controlling body for a fixed period and pays rent or a premium thereof. The terms of the lease can be forced to promote conservation or increase agricultural production. (j) Increasing climatic variability is responsible for drought and accelerates desertification. Climate change refers to the deviation of one or more climate aspects from a previously accepted long-term mean value. Such elements include temperature, rainfall, sunshine and pressure. Climate variability is an important aspect of climate change, which can be devastating in the short term. For example, the 1994 drought that affected 16 out of the then 39 districts in the country was a result of climate variability. Uganda’s range and dry lands are particularly prone to severe climatic events. Persistent droughts resulting from prolonged dry seasons and the general increases in surface temperature regimes are manifestations of climate variability. Therefore, better monitoring systems and coping strategies are required to ameliorate the adverse impacts of climate variability. The issue here is that continued periods of drought will contribute to increased aridity, thereby causing a reduction in the area available for cultivation or grazing. There is an urgent need to address issues concerning dry land agriculture. 1.4.2 Natural Resources Management (a) Inadequately defined criteria for gazetting and degazetting of land for conservation. Any parcel of land that is subjected to a Government management scheme for a given activity like nature conservation is gazetted for that particular purpose. Boundaries are identified, surveyed and mapped, a policy established, enabling legislation put in place, and a management plan developed and implemented. The responsible Minister, with approval of Parliament, declares wildlife conservation 14 MAP SHOWING THE GAZETTED AREAS Figure 3 : Source: NEMA 2004 15 areas. The area allocated for conservation is greatly influenced by population density and pressure on existing public land. However, there has been debate as to whether the criteria for setting aside areas for conservation are well established and known. There is also a feeling that there is no regional balance in the distribution of protected areas, and that in general, the total area under conservation in the country is neither adequate nor representative of all Uganda’s ecosystems. (b) Encroachment on and illegal settlement in protected areas is of concern. The presence of settlements at the fringes of protected areas such as National Parks has resulted in conflicts arising between people and wildlife due to competition for resources within these protected areas. People basically go into these areas in search of land for cultivation, grazing and water, among other resources. For example, Lake Mburo and Kidepo Valley National Parks have been affected by the predominantly pastoralist communities that surround them. The major conflicts in these areas arise out of competition for water and pasture, particularly in the dry seasons, let alone the systematic elimination of carnivores in order to protect livestock. In protected natural forest reserves (Fig 4), encroachment is reported to be less than 2%, with significant reductions having been experienced following evictions in the early 1990s. This notwithstanding, there is still illegal encroachment and settlement in the forest reserves of Luwero, Masindi and Mubende. Usually, the encroachers and illegal settlers consider only the immediate needs, and apparently ignore long-term life support functions of forests. It has been reported that between 1890 and 2000, the total area of forests in Uganda was reduced from an estimated 10.8 million ha (or 52% of Uganda’s surface area), to 5 million ha (or 24% of the surface area (FAO, 2000). Population increase and the attendant demand for fuel wood and other basic forest products is another major cause of encroachment on the protected areas. 16 FOREST RESERVES Figure 4 : Source: National Biomass (FD) 2001 17 (c) Ill-defined resource rights contribute to resource degradation. Recent studies have revealed that population growth and general economic change and policies are contributing to the increasing destruction of Uganda’s natural resources. In general, conservation of biological diversity outside protected areas has not received the attention that it deserves. Indeed, deforestation and loss of biological diversity have been more extensive and severe outside the protected areas system. As a result of ill-defined rights and weak policies, land use for agricultural production remains in conflict with conservation of biodiversity. Resource use rights and conflicts associated with them usually prohibit efficient and sustainable use of these resources and thus contribute to their degradation, while at the same time undermining existing social relationships. Resource use rights should be well defined in terms of ownership, access, and utilization, among others, if conflicts between diverging interests are to be minimized. (d) Policies that encourage unguided changes in land use of protected areas. Management of protected areas is largely in the hands of Government, which at the same time has had several policies that have resulted in land use changes of these areas. Examples of such policies that have led to a net reduction in the national forest estate include those related to urbanization and industrial expansion. Protected areas which have been affected include: Namanve forest (1,000 ha), Wabisi-Wajala (8,744 ha), Butamira forest (13,000 ha), Walulumbu forest reserve (2,567 ha), and the conversion of peri-urban forest reserves for commercial and settlement purposes in Mbale, Soroti, Kabale, Fort Portal, and Gulu, among others. These changes are most of the times not preceded by proper and conventional land evaluation. In addition, high population growth and densities around highly biodiverse forest reserves have led to a spillage of settlements into the reserves. Government has ultimately had to degazette parts of such reserves. Examples include Mt.Elgon Forest Reserve (6,000 ha), degazetted to resettle the Ndolobo tribe. 18 (e) Extensive deforestation on private, communal and (the former) public lands due to inadequate legal protection. About 70% of Uganda’s woody biomass is outside protected areas, and is thus more prone to degradation due to lack of legal protection. It is because of this reason that there is noticeable extensive deforestation in non-gazetted tropical high forests, woodlands and bush lands caused by heavy and uncontrolled utilization, encroachment and over-harvesting. Districts, which have suffered high rates of deforestation because of this, include Kampala, Jinja, Luwero, Iganga, Mubende, Mbale and Tororo. Furthermore, there are no legal provisions addressing overgrazing and poor farming techniques such as shifting cultivation, which also contribute to extensive and unnecessary clearing of woody vegetation. Such practices and their effects are prevalent in districts such as Luwero, Kiboga, Nakasongola, Mbarara, Rakai and Sembabule. (f) Weak Policy and legal mechanisms for wildlife conservation outside protected areas. Wildlife outside protected areas has continued to receive little attention as far as conservation is concerned. This has been attributed to the rapidly receding wildlife populations outside gazetted areas all over the country. What makes this a very serious omission is that wildlife knows no boundaries and therefore, remains largely unprotected when they stray from the reserves into private or public land. (g) Degradation of water sources and catchment areas. The country is experiencing widespread degradation of water catchment areas as evidenced by the following examples: � Large-scale drainage of wetlands for construction and conversion to agricultural land continues despite the existence of the National Environment Management Statute 1995 (National Environment Act Chapter 153) and the National Wetlands Management Policy 1996, which have provisions for their sustainable utilization. � Direct discharge of untreated or poorly treated effluent from industries. There have been instances of fish kills in the immediate locality of the inner 19 Murchison Bay, due to the effect of de-oxygenation of water as a result of heavy organic loading and the effect of high pH and temperatures. � Wastewater discharges especially from industrial activities close to or discharging directly into water systems have led to their degradation. For example, River Musambya (near SCOUL, Lugazi) was in 1996 found to be dead along a stretch of 20 km, with bubbling sulphide and no animal or plant life along the stretch. Secondly, degradation of water catchment areas has been a result of the degazetting of protected areas and clearing of vegetation close to or around water bodies. This has led to soil erosion, which has in turn contributed to rapid siltation of the water bodies. Degradation and ultimate loss of water catchment areas has also resulted from the expansion of agriculture on previously forested steep slopes. Examples of this abound in Mbale, Kapchorwa, Kisoro and Kabale. (h) Loss of forest cover to infrastructure development (roads, power, pipe and rail lines). Uganda, like many other developing countries in sub-Saharan Africa, is primarily an agrarian country. However, over the last decade, Government policy has been directed towards the modernization of the country’s economy, part of which involves transforming from an agrarian to an industrial economy. In order to achieve this, the country must first improve its infrastructure, and this includes the transport and energy sectors, as these will stimulate trade, tourism, mobility and industrial growth. In Uganda, the major mode of transport is by road, and almost half of the total road network comprises dry weather roads. This poses a severe problem to the sector during the rainy seasons when the roads become impassable and as a result paralyze much of the activities in other sectors like trade, agriculture, tourism and social services. An efficient transport and communications sector is essential for the development of an integrated, self sustaining economy. The benefits of construction and rehabilitation of roads, however, come along with costs associated with the damage caused to the environment. This activity involves 20 clearing vegetation, and in some areas where the road is to pass through a forested area, part of the forest is inevitably lost. Just like the industrial sector, the energy sector plays a critical role in the development of the economy, and is a major component of the country’s infrastructure and supports economic and social development. This sector comprises of four sub-sectors namely, wood fuel, petroleum products, electricity, and new and renewable sources of energy. However, the growth in the country’s population as well as in its industrial sector have led to an increase in demand for energy. This has in turn put increased pressure on the natural resource base, mainly forests and woodlands, leading to degradation. (i) Loss of biodiversity. There is strong evidence of a steep decline in biological diversity resources in the country. All the levels of biological diversity, namely the genetic, species and ecosystem levels are affected. This is occurring both within and outside protected areas. For example, Uganda’s Forest Reserves have experienced a loss of 35% of their forest cover (The Uganda Forestry Policy, 2001). Similarly losses are being experienced in other ecosystems such as wetlands and grasslands. These forest and other resources are being degraded despite the fact that biological diversity constitutes a capital asset with great potential for yielding sustainable benefits for the people of Uganda. Land use practices that impact negatively on biological diversity need to be addressed. (j) Impact of Mining, Quarrying and excavation The extraction of minerals, stones, gravel, laterite and clay provides raw materials for development and earns the country foreign exchange. However, although these activities are important for the country, they are associated with land degradation and physical and health risks to those involved in this sector. It is important that the conflicts between mining, quarrying, excavation and the need to maintain the integrity of the environment be addressed through appropriate land use planning. 21 1.4.3 Human Settlements and Urbanization. “Human settlement” is a phrase used to designate any place on earth where humans live. This does not only refer to houses and associated infrastructure, but an integrated combination of human activities, artifacts and a set of facilities intended to support the living environment. Human settlements have also been described as a material structure system established artificially by human beings, and whose basic need is to meet social needs indispensable for everyday life. Human settlements in general are complex because they involve not only basic population distribution characteristics, but also the tremendous variety of physical facilities developed to sustain a population and a country’s economy. They range from the smallest hamlet (village) to the largest urban area (city); reflect the culture, values and technology of a society, but also the natural resource endowment. There are essentially three patterns of settlements in Uganda. These are: • Settlements consisting of a dispersed pattern of rural homesteads. • Those consisting of a constellation of local administrative centers, intermediate towns and centers of specific social or economic establishments, or nucleated urban centers which are mainly locations of national, regional or district capitals; and • Linear corridors of fast urbanizing settlements located along and at junctions of major highways Rural built areas are characterized by a dispersed pattern of homesteads with low population density. The inhabitants earn their livelihood from the natural environment by engaging in primary production in agriculture, livestock rearing, and exploitation of natural resources, among others. Low levels of social amenities and limited infrastructure characterize rural areas in Uganda. On the other hand, urban built areas are associated with high population density. The majority of the inhabitants earn their livelihood from non- primary activities such as secondary and tertiary production. High levels of social amenities and infrastructure also characterize urban areas. 22 Land, being a limited resource, must have its use for human settlements rationalized so that available land and other natural resources within and around such settlements are optimally utilized to achieve sustainable growth. Issues concerning the human settlements and urbanization include the following: (a) Inadequate Human Settlement Planning. In general, rural settlement patterns are wasteful of land and deficient of many of the amenities required for a healthy living environment. Rural settlements are dispersed, render agricultural production less efficient, and make it difficult for Government to provide essential services to the community. On the other hand, clustered settlements release land for efficient agricultural production, and make provision of services much easier. (b) Inadequately planned urbanization At the moment, Uganda has no urbanization policy. According to the recent population census (UBOS, 2002), the urban population is growing faster than the rural one. New urban centres are mushrooming beyond the country’s capacity to ensure their guided development. Similarly existing ones are growing and expanding without the requisite capacity to ensure their planned development. There is gradual urbanization of rural areas including on prime agricultural farmland. (c) Lack of adequate Shelter for All. Within the framework of the Habitat Agenda, the Government of Uganda committed itself to the goal of improving living and working conditions on an equitable and sustainable basis, so that everyone has adequate shelter that is healthy, safe, secure, accessible and affordable. This also includes basic services, facilities, and amenities, and enjoys freedom from discrimination in housing and legal security of tenure (UNCHS, 1998). In Uganda, there have been very few significant housing development programmes in terms of both quality and quantity in the last decade. By 2000, there was a backlog of 270,000 housing units in the sector, of which 63,000 were in urban areas (Department of Human Settlement, MWHC, 2000). 23 (d) Inadequate provision of infrastructure in Human Settlements. Sustainability is the main criterion for managing human settlements. The Habitat Agenda states that one of the objectives of sustainable human settlements is the promotion of the optimal use of productive land in urban and rural areas, and protecting fragile ecosystems and environmentally vulnerable areas from negative impacts of human settlements. This is done, among others, through developing and supporting the implementation of improved land management practices that deal comprehensively with potentially competing land requirements for agriculture, industry, transport, urban development, green spaces, protected areas and other vital needs. As a signatory to the Habitat Agenda, Uganda has committed herself to providing adequate and integrated environmental infrastructure facilities in all human settlements with a view to improving the quality of life. Such facilities include safe water, sanitation, drainage, and solid waste disposal services. Most settlements in the country are not adequately provided with these facilities, and this affects the quality of the environment in which the people live. For example, at least 19% of urban households still draw water from open springs, while in rural areas, 32% of the households do not have toilet facilities. (g) Inadequate Provision of Sustainable Energy and Transport Systems in Human Settlements. The Government of Uganda has committed itself to promoting more energy efficient technology and alternative/renewable energy for human settlements. It has also undertaken to curtail the negative impacts of energy production and use on human health and the environment. Government has also committed itself towards improving access to work, goods, services and amenities by promoting effective, environmentally sound, accessible, quieter, and energy-efficient transportation systems. The desired approach is to promote spatial development patterns and communication policies that reduce transport demand and introduce measures that require the polluter to bear the costs of pollution. 24 However, over 99% of households in rural settlements still use biomass (firewood and charcoal) for cooking. 89% of urban households also still rely heavily on biomass energy for cooking. Both rural and urban settlements are poorly served with transportation facilities. (h) Unsustainable use of local construction materials Government has realized that there are some new trends in expensive investments such as residential houses, expensive commercial or public buildings that are being put in rural areas but are rarely occupied or optimally utilized. In addition, there are current practices of establishing individual burial grounds with expensive graves and mode of burial (e.g. use of bricks, concrete, terrazzo, etc in the construction of graves). This contributes to wasteful use of land. (i) Inadequate planning for industrial development in both rural and urban areas Government supports and encourages industrial development in the country; indeed Uganda’s modernization drive is centered on industrialization. Industries provide markets for the raw materials produced by rural households, create jobs which provide an alternative source of income for those parts of the population that can no longer survive on their small degraded agricultural parcels, and contribute significantly to urban growth. Industries also have the potential to release fragmented agricultural land for consolidation to encourage more organized and sustainable agricultural production. Although the current planning practices recognize the value of identifying and setting aside land for industrial development, in practice, this has not been effectively achieved. Where industries have been established, they have not been properly sited and have threatened both human and environmental health. There is need to integrate planning for industrial development in the overall urban and rural planning framework. The provision of essential services in the identified sites should be an important consideration in this planning process. 25 (j) Poor Implementation of existing Policies and plans. Government has realized that sites of aesthetic value, road reserves, open spaces and green areas are progressively being encroached upon and some completely destroyed, especially in urban areas. It is necessary that sites of historical, cultural, tourist and recreational value be preserved. Degradation of these areas is partly attributed to poor implementation of policies and plans. (k) Extravagant Use of Urban Land. In the past, urban development was based on planning schemes that were designed to cater for a few people and urbanization rates were still low. Therefore, urban planning standards were generally designed to provide for low densities with plot sizes, plot coverage, and plot ratios that resulted in a lot of unutilized space around buildings particularly in residential areas. Town, Municipal and City boundaries were also delineated to take account of the limited population. However, as urban population continues to grow, increased demand for land for urban development has resulted in horizontal expansion of urban areas (urban sprawl) beyond existing boundaries. The response to this phenomenon has normally been to call for extension of town boundaries, but this also puts pressure on the urban authorities to provide the necessary physical and social infrastructure in the new areas. This capacity is lacking and these areas have largely remained without services. The other consequence of urban sprawl has been the observed ribbon development (linear settlements) along high ways. This has again been complicated by lack of capacity to plan for and develop new urban centers along environmentally acceptable standards. Therefore, there is need to rationalize urban land use and adopt appropriate standards for purposes of consolidation and densification to achieve a desirable and sustainable urban form. 1.4.4 Land Management and Administration During the colonial period, various policies and laws related to land ownership and management tended to favour individual ownership while at the same time recognizing existence of customary tenants. The management and control of land 26 is one factor that can significantly influence land use. Perhaps the most radical change in land tenure was in form of the Land Reform Decree No.3 of 1975. Although the prescribed reforms were hardly implemented, it repealed all previous tenure systems (including Mailo and freehold) except for leasehold. Through this change, individuals lost title to their freeholds and long-term security, unless they opted for leaseholds (for up 99 years instead of perpetuity). It is not only the landed class that was affected, but also all communal areas became public lands, potentially available for lease by any interested party. As a result of this Decree, several areas originally gazetted for protection (especially Forest and Wildlife reserves) were degazetted. Furthermore, the law also undermined people’s confidence in ownership security, leading to a tendency to prefer short-term profit maximizing investments while neglecting long-term, environmentally sound and suitable investments. The Land Act 1998 (The Land Act Chapter 227) repealed and replaced the Land Reform Decree1975. The Act recognizes four land tenure systems: Customary, Freehold, Mailo land and Leasehold tenure. The Land Act has several provisions that promote judicious land use. In particular, Section 44 requires that a person who owns or occupies any piece of land in Uganda should manage and utilize it in accordance with the National Environment Statute 1995 (The National Environment Act Chapter 153), and other environment related sectoral laws. Section 45, which provides for the control of environmentally sensitive areas, further strengthens this provision. The Act contains provisions for the decentralized management of land through the establishment of District Land Boards. Part of the latter’s responsibilities is to hold and allocate land in the District, which land is not owned by any person or authority. These provisions strengthen the control of land use at the local level. Most of the land in Uganda is under customary tenure, which in some cases implies communal utilization. In some areas, particularly within wetlands there are often spaces where access is not controlled. These open accesses are the areas where land degradation has occurred most. In this respect, the Land Act is an improvement to the extent that it allows for the formation of Communal Land 27 Associations for purposes of communal ownership and management of land. The Act also provides for the issuance of certificates of customary ownership. Such certificates confirm and are conclusive evidence of customary rights and interests specified in them. Through the Land Act 1998, Government has to some extent improved land management and administration. What remains is overcoming the challenges now faced in implementation of the provisions of the law. The main issues under land management and administration are the following: (a) Inadequate Harmonization of land uses and their Policies. Most of the national policies related to land use have a sectoral focus. Their lack of harmonization is usually reflected in the various land conflicts being experienced in the country. In rural areas, conflicts take the form of encroachment of settlements, farming activities and other economic and cultural activities on protected and marginal lands. In urban areas, land use conflicts arise from illegal, unplanned or non – conforming developments. There is need to have an integrated approach to land use that will ensure that activities and policies concerning the three major forms of land use (agriculture, built environment and conservation areas) and their inter-connections are harmonized to achieve social, economic and environmental benefits. An integrated approach will ensure that national policies among others decentralization, industrialization, the National Environment Management Policy, the Wildlife Policy, the Forestry Policy, Poverty Eradication Action Plan and the Plan for Modernisation of Agriculture will address any contradictions in their interpretation and implementation. (b) Difficulties Encountered with the Land Act. Section 3 of the Land Act 1998 (The Land Act Chapter227) vests the ownership of all land in Uganda in its citizens, and sets out the tenure system under which the land can be owned. The forms of tenure are customary, freehold, Mailo, and leasehold. The Act further guarantees security of tenure for all Ugandans 28 including tenants on registered land, both lawful and bona fide occupants. It also provides an opportunity for every Ugandan to acquire a registrable interest in land, which can be used to obtain credit. The Act permits the lawful and bona fide occupant to mortgage the certificate of occupancy subject to the consent of the registered owner. Here it makes an assumption that the registered owner will grant permission to the occupant. However, the landowners view the occupants as trespassers imposed on them and have interfered with their right to private property. There is need to address this conflict in order to facilitate the effective utilization of certificates of occupancy. Those charged with implementation of the Act at the local and national levels are not well facilitated and the structures set up do not have sufficient personnel. The introduction of additional documentation of land ownership requires the establishment of a well-facilitated land registry system with the capacity to trace and record land transactions. There is need to strengthen the current system to monitor implementation of the Land Act. (c) Insufficient evaluation of land for allocation. Various land uses compete for land allocations both at national and local levels without land evaluation. Land evaluation implies assessing the potential of the land for alternative kinds of use, suitability and classification. Physical land evaluation to specify the different kinds of land use has hardly been done. There are no land suitability maps to guide determination of viable land options depending on environmental, economic and social considerations. Land management has been decentralized. Most of the powers over ownership, allocation and use of land resources are now vested in the District Land Boards and Local Governments. Central Government manages and administers its own lands, sets up land disposal policies and acquires private properties for public use through the Uganda Land Commission. However, it can exert direct or indirect influence on ownership, direction and control of land use through its powers such as: 29 • Enforcement powers, which empower Government to limit personal property rights in the interest of public health, safety, security and general welfare. • Zoning of land use in rural areas through conservation, grazing and resource harvesting regulations. • Provision of land use zoning regulations to establish and enforce building codes and sub-divisions regulations in urban areas. 1.4.5 Legal and Institutional framework Institutional capacity refers to the sum total of instruments (policies, regulations and laws) and structures (human resources, equipment and facilities). The key institutional capacity issues related to land use are the following: (a) Weak and Outdated Laws and policies The major pieces of legislation controlling land use in Uganda are the Land Act 1998 (The Land Act Chapter 227), and The Town and Country Planning Act of 1964. The latter is outdated and there is need to harmonise it with new policies and legislation (decentralization, sectoral). In addition there are other laws that require harmonization so as to ensure the effective implementation of the Land Act. These include the Mortgage Decree (which recognizes only land titles as security), the Registration of Titles Act, The Land Acquisition Act, and the Domestic Relations Laws (sections that deal with land), and the Local Governments Act. (b) Inadequate Public Awareness and Community Participation. In Uganda, there is lack of awareness by the majority of people in both rural and urban areas of the policies and laws that govern land use. Such a limitation affects the level and effectiveness of implementation of such instruments. The lack of awareness of the provisions of The Land Act and The Town and Country Planning Act is of concern since these two affect the major sources of livelihoods of the people of Uganda. In addition, these laws make reference to subsidiary legislation and seek to strengthen their implementation. For example, Section 44 of The Land Act makes it mandatory for any person who owns or occupies land to manage it in 30 accordance with The Forest Act, The Mining Act, The National Environment Statute, The Wildlife Statute, and others related to land use. The Sensitization Focus Group (on The Land Act) has made efforts to disseminate Information on land issues. However, additional efforts are required to carry out Dissemination on the content of The Land Act and its implications. Access to and Availability of information on land will enable community participation in planning For its use, and will also enable stakeholders to utilize it in a more sustainable and effective manner. (c) Scarcity of Appropriate Land use Related Information. The practice of land use in Uganda has often been based on speculation and the extent of perceived economic gain from the nature of use, which can guarantee quick returns. Registered landowners and users have more often than not relied either on traditional knowledge, the market demand for produce or Government statements that encourage the supply of a particular agricultural product. Very few cases exist where land is used based on expert advice, which determines the manner of use or the most appropriate crop that would be most competitive in a particular area. In addition, despite the impressive achievements made by Government in liberalizing the information and communications sectors, the level of land use related information available to the public is still low. In some cases, especially in rural areas, use of modern technology for land use information dissemination is still hampered by inadequate infrastructure such as poor power supply. Related to this is the high cost of information technology, which is beyond the reach of the majority. (d) Inadequate Financial Resources. The Land Act provides for a decentralized institutional framework for administration of land. The central Government and local governments are responsible for land use planning in Uganda. The Uganda Land Commission manages the natural resources on behalf of Government, including land on which 31 Government buildings are located, and land owned and occupied by Uganda’s Missions abroad. Though local governments are charged with the management of land in their areas of jurisdiction, they appear to be paying limited attention to land use planning. It has been argued that the reason behind this is the inadequate resources to support effective land use planning at all these levels. For example, the inability of local governments to recruit physical planners may be a reflection of lack of resources. 1.4.6 Regional and International Obligations Uganda is a signatory to several regional agreements and international conventions that are of direct relevance to land use. However, very little effort has been put into integrating them into local (national) legislation to enable their implementation. The most important ones that require urgent attention are the following: 1. The African Convention on the Conservation of Nature and Natural Resources (1968). 2. The Ramsar Convention (1971). 3. The Convention Concerning the Protection of the World Cultural and Natural Heritage (1972). 4. The Convention on the Conservation of Migratory Species of Wild Animals (1979). 5. The Vienna Convention for the Protection of the Ozone layer (1985). 6. Agenda 21 (1992). 7. The Convention on Biological Diversity (1992). 8. The United Nations Framework Convention on Climate Change (1992). 9. The United Nations Convention to Combat Desertification (1994). 10. The Habitat Agenda (1996). 11. The Johannesburg Declaration (2002). 32 1.5 Role of Government. Government institutions have to fulfil fundamental roles in overseeing the implementation of the Land Use Policy. Some of the roles that will need to be performed include, but are not limited to: 1. Guiding the implementation and monitoring of the policy. 2. Strengthening the foundations for rule of law,and harmonising relevant policies and legislations, particularly the Land Act with the Land Use Policy and Land Policy, as well as enforcing these instruments. 3. Creating an enabling environment, by maintaining supportive policies. 4. Investing in human and infrastructural capacity of the stakeholders. 5. Guiding support for the vulnerable and marginalised. 6. Ensuring adoption of conservation measures in diverse land use practices. 7. Promoting and supporting the requisite research, planning, sensitisation, education and training. 1.6 Role of Civil Society. The Civil Society Orgainsations (CSOs) have a role to play in the implementantion of the National Land Use Policy. The mandate of society relates to empowering citizens and holding the State accountable for their interests and initiatives. These key roles need to be maintained, and in addition, the following would be performed: 1. Continous engagement in landuse policy processes and innovations. 2. Advocate for policy reformulation and implementation in the light of the changing realities and diverse situations. 3. Demand for accountability and monitoring from Government in its Land Use Ppolicy activities. 4. Mobilise the population. 5. Initiate joint-contracted landuse planning service provision especially in awareness, training and education. 33 6. Advocate for the protection of the vulnerable who may be excluded in land use matters. 1.7 Education, Training and Research Government and CSOs play specific roles in the areas of education, training and research. The implementation of the National Land Use Policy is in the best interests of both and should be regarded as a shared agenda and approached with joint effort. It is therefore, important for the State and CSOs, to jointly conceive, operate, support and maintain productive partnerships. This should particularly be in the areas of planning, implementation and monitoring of education, training and research in land use planning. The activities should also take cognisance of the changing situations and demands for Land Use in Uganda. 34 35 SECTION 2: POLICY GOALS AND PRINCIPLES The Government of Uganda recognizes that land resources in the country are not being used effectively and efficiently. Yet the sustainable socio-economic development of the country depends on the judicious use of its resources. The policy goals below are aimed at addressing this need. The Overall Policy Goal The overall goal for the national land use policy is “To achieve sustainable and equitable socio-economic development through optimal land management and utilization in Uganda” Specific Goals The specific goals for the national land use policy are as follows: 1. To adopt improved agriculture and other land use systems that will provide lasting benefits to the people of Uganda. 2. To reverse and alleviate adverse environmental effects at local, national, regional and global levels. 3. To promote land use activities that ensure sustainable utilization and management of environmental, natural and cultural resources for national socio-economic 4. To ensure planned, environmentally friendly, affordable and well-distributed human settlements for both rural and urban areas. 5. To update and harmonize all land use related policies and laws, and strengthen institutional capacity at all levels of Government. GUIDING PRINCIPLES The following guiding principles apply in pursuit of these goals: 1. Land is a fixed resource and is becoming scarce in many areas. Changing human needs and a growing population result in competition of the different uses for the same land. Demand for land is often greater than its availability. In addition, some 36 present land use practices have as a result led to its severe degradation. This situation calls for systematic land use planning. 2. Land belongs to the citizens of Uganda as prescribed by the National Constitution, and they should be empowered to sustainably utilize and manage it. 3. Land is a basic resource for many uses including production of crops, livestock, fisheries, timber, fuel wood, construction materials, minerals, and for nature conservation. 4. A wide variety of sustainable land use practices are available and can be adapted to the specific needs, limitations, resource bases and economic conditions of different land sites. 5. Policies, programs and projects can be used to effectively implement land use plans. 6. Land evaluation serves as a basis for land use planning through assessing the suitability of different tracts of land and sites for specified alternative forms of use. 7. Modern technology including satellite-based data sources can be used for national land use monitoring to refine, update and verify databases for tracking land use changes and their effects. 8. Strong institutional arrangements and well-defined policy implementation mechanisms will result in the realization of benefits related to the implementation of the National Land Use Policy. 9. Community based, participatory land use planning is important for fighting poverty and ensuring sustainability of land resources. 10. Development of comprehensive, accessible and user-friendly land use databases is a prerequisite to judicious land use planning and management. 11. Practices that take into consideration vulnerable and marginalized groups are likely to result into fair distribution of benefits from land use planning. 12. Recognizing gender roles in the use of land is a pre-requisite to appropriate land use planning. 13. Development and implementation of a comprehensive monitoring and evaluation strategy is important to ensure that land use in Uganda is consistent with the national land use plan. 14. Land ownership has a significant bearing on land use. 15. The success of the implementation of the Land Use Policy will greatly depend on its linkages with other relevant policies. 37 SECTION 3: NATIONAL LAND USE POLICY STATEMENTS In order to achieve the land use policy goals, Government has set itself a number of objectives outlined under the following eight areas: 1. Land Use/Land Cover classification. 2. Agriculture. 3. Natural Resources. 4. Human Settlement and Urbanization. 5. Land Management and Administration. 6. Institutional Capacity. 7. Regional and International Obligations. 1. LAND USE/ LAND COVER CLASSIFICATION Issue: Existing land use data in Uganda is out dated and inadequate. The Land use/Land cover (LU/LC) data existing in Uganda only cover broad use categories, are often out dated, and are not sufficiently disaggregated to capture all the various combinations of uses that characterize the country. Policy Statement 1 To make available on a regular basis LU/LC data which are of sufficient detail and effectively disaggregated. Strategies a) Acquire on regular basis satellite imagery so as to enable the production of accurate and up-to-date LU/LC data and information. The preferred temporal period is once every 10 years for rural and 5 years for urban areas. b) Create a Division under the Department of Physical Planning, which will, among other things, coordinate the development of a common LU/LC classification scheme. 38 c) Carry out multi-temporal analysis of Uganda’s LU/LC categories with the aim of tracking changes taking place in each class over time. This should be done once every decade, or where possible at a much less interval. d) Coordinate LU/LC activities with those of the National Forestry Authority, the Department of Lands and Surveys, and of other similar actors within and outside the country. e) Designate a national repository for LU/LC information, including assigning it responsibilities for data acquisition, processing, storage, retrieval, and dissemination. f) Mobilize resources to enable the continuous update of Uganda’s LU/LC information, including providing the requisite support to the established Division and the National Repository for LU/LC information. 2. AGRICULTURE Issue: Land availability, productivity potential, capability and sustainability for agriculture is not adequately known. In land evaluation, the fitness of a tract of land is assessed for various current and potential uses. This assessment is based on a comparison between land use and land quality, with an evaluation of bio- physical and socio-economic opportunities and constraints. Spatial variations and sustainability are important issues in land evaluation. Land evaluation for the purpose of assessing Uganda's land productivity potential, land capability and land sustainability for agriculture is not adequately done. There is, therefore, need for land evaluation for agricultural development and planning. Policy Statement 2 To make available a land resource inventory and any other necessary information on which appropriate decisions can be made on land use for agriculture. Strategies a) Acquire on a regular basis land use information to enable the accurate survey of soils and their properties, landforms, vegetation and present land use. The aim is to track changes in land quality over time. This should preferably be done once every 10 years. 39 b) Make an assessment of land resources including basic soil surveys, farming systems, soil degradation surveys as well as production potentials of the soils in the country. c) Study and classify the agro-ecological zones (AEZ) of Uganda including linking them to soil potentials. d) Adopt an internationally recognized system of soil classification and land evaluation for assessing Uganda's land productivity potential, land capability and sustainability for agriculture. e) Conduct regular monitoring and recording of land use and farming systems information throughout the country. f) Disseminate information on land availability, productivity potential, capacity, sustainability, land use changes and farming systems to farmers on a regular basis. g) Coordinate activities related to the assessment of land productivity potential, land capability, suitability and sustainability through a designated institution. h) Mobilize resources to enable the continuous update of Uganda's land evaluation information, including providing requisite support to the designated coordination institution. Issue: Uganda’s agricultural land production is characterized by scattered subsistence farmers who engage in numerous farm commodities and use rudimentary technology resulting in low and unsustainable marketable volumes and products of poor quality. The scattered subsistence farmers typically use low input, low output production technologies, often in absence of appropriate soil and water management practices. These low input, low output production technologies together with the export produce to urban areas have contributed to the depletion of nutrients from fields. Further more, scattered smallholder farmers lack financial resources to purchase sufficient fertilizers to either correct the inherently low fertility levels or replace the nutrients exported with harvested products. 40 There is therefore need for enterprise development and promotion approach aimed at establishing zones of production excellence. Zoning agricultural production is one strategy that ensures preservation and hence intensification of agricultural infrastructure. Agricultural zoning encourages, stimulates and sets boundaries around viable agricultural activities in a region and is generally used to maintain economic viability of the agricultural industry in the area. Agricultural zoning contributes to the creation of domestic markets, improvement of market access and marketing efficiency arising from effective accessibility to technologies, efficient delivery of advisory and other support services for land use and forms sustained product volumes for marketing. Exploitation of comparative and competitive advantages resulting into reduced transaction costs of scattered farmers is also achieved with agricultural zoning. Policy statement 3 To promote and ensure viable zonal agricultural production for land use improvement and processing for export. Strategies 1. Map the country into viable agricultural production zones for export. 2. Identify enterprises with export potential in each of the zones 3. Promote farmer organizations i.e. export villages, nucleus farms, block farming 4. Promote irrigation water harvesting and soil and water conservation. 5. Introduce improved planting and stocking materials 6. Encourage input supply - suppliers and stockists 7. Promote agricultural financial resources 8. Strengthen agricultural advisory services 9. Promote pests and disease control. 10. Create value addition to all produce 11. Promote market access 12. Formulate policy and regulatory framework for agricultural zones 41 Issue: Soil maps are outdated and not detailed enough for land use planning purposes Policy Statement 4 To make available an updated soil resource inventory and present the data in form of a map, with map units that are as disaggregated as possible to be used for detailed land use planning purposes. Strategies a) Conduct a semi-detailed soil survey of Uganda, map and classify the soils at a scale of 1:50,000, according to an internationally recognized classification system. b) Disseminate soil survey information to stakeholders. c) Co-ordinate the soil survey activities with those of the National Agricultural Research Organization (NARO) and other actors within and outside the country. d) Promote intensive agriculture for high value crops. Issue: In heavily settled rural areas, land fragmentation is a significant problem and is expected to become worse. Land fragmentation refers to a situation where land is owned in small parcels, which are scattered in many places. These parcels are normally not more than 0.5 ha in size. Subsistence farmers in rural areas rarely generate sufficient income to allow investment in land improvement. Their subsistence farming methods are exploitative and lead to soil degradation. As the size of the settled communities increases, the soil in the vicinity of the settlements is used more intensively to produce the food and cash crops from which the nutritional and economic support of the community is derived. Policy Statement 5 To reduce population pressure in heavily settled rural areas. 42 Strategies a) Create job opportunities and other incentives in urban areas that will encourage people to move away from the fragmented rural areas. b) Promote appropriate vocational skills in rural areas to stimulate development of alternative forms of livelihood. c) Encourage both at national and local levels policies and economic instruments that will promote land consolidation. d) Create an enabling environment for well-planned and orderly resettlement of people from over populated to sparsely populated areas. e) Discourage cultural practices that promote land fragmentation. f) Promote off-land and off-farm activities and/or enterprises such as eco-tourism. Issue: There are extensive occurrences of soil erosion such as sheet, rill and gully erosion due to inappropriate agricultural practices. The most important physical processes causing soil degradation are those associated with soil erosion, soil compaction and crusting especially in areas dominated by steep slopes. Soil erosion may be due to the action of wind or water. Even in the relatively flat areas of Uganda, soil erosion has occurred mainly through the processes of rill and sheet erosion, thus leading to the gradual but steadily increasing loss in soil productivity. Soil nutrients, organic matter, and a large part of the biological population are lost from the topsoil through soil erosion. Not only is there usually a marked loss in productivity at the site where erosion occurs, but there are also several off-site effects. These include blocking and contamination of watercourses and reservoirs. Inappropriate farming practices such as excessive cultivation, cropping too frequently, inadequate fertilisation, overgrazing, and removal of crop residue from fields are the major causes of soil erosion. Policy Statement 6 To promote farming practices that will reduce soil erosion hazard and enhance soil productivity. 43 Strategies a) Promote appropriate land use and land management practices such as the use of both chemical and organic manure, as well as deep cultivation for minimizing soil compaction, contour bunds, hedgerows, crop rotation, fallowing and mulching to minimize runoff. b) Make available accurate and up-to-date information on soils, landforms, vegetation, land use, and agro -ecological zones for appropriate conservation measures. c) Conduct research to determine how best known indigenous conservation practices can be adapted to particular situations and locations. d) Promote adoption of recommended optimum stocking rates to farmers in order to avoid overgrazing. e) Create public awareness on the dangers of soil erosion and the means to avert it. f) Ensure the participation and involvement of land users in soil conservation practices, including afforestation and agro-forestry. g) Develop and implement local legal instruments (bye-laws and ordinances) to guard against practices that degrade soils. h) Promote practices such as integrated agricultural enterprises that complement each other and are useful in maintaining and improving soil productivity. i) Build the capacity of farmers and agricultural service providers in the sustainable management of soil productivity. j) Continuously monitor soil degradation occurring through soil erosion. Issue: Farmers practice cultivation on marginal lands and fragile ecosystems. Marginal lands are areas whose physical and chemical soil properties impose serious limitations to agricultural development. The marginal lands cover about 24.4% of the area of Uganda. Marginal lands include wetlands, shallow soils, organic soils, steep slopes, acidic and salt affected soils. When Uganda's population was low, these marginal lands were viewed as wastelands which were only good for collection of a variety of materials for medicine, building and artisan products, as sources of domestic water and as fishing and hunting grounds. The subsistence farming practices in Uganda deplete natural stocks of soil fertility. Shifting cultivation is difficult to practice in the highly fragmented lands. So 44 farmers are extending agriculture into the marginal lands. Farming in the marginal lands has led to the decline in land productivity, loss of biodiversity, environmental degradation and loss of moderation of the microclimate. Policy Statement 7 To promote sustainable use of marginal lands and fragile ecosystems. Strategies a) Ensure rigorous implementation of the National Environmental (Wetlands, river banks and lake shore management) Regulations, and the current environmental policy and legislation. b) Increase public awareness of the dangers of farming in marginal lands like wetlands and steep slopes as a routine activity by extension service providers. c) Institute appropriate soil erosion control measures on fragile lands. d) Encourage farmers to adopt modern farming practices that sustain crop yields and soil fertility. e) Promote and enforce at all levels, policies and other instruments, including ordinances and byelaws, which discourage cultivation on marginal lands and fragile ecosystems. f) Promote eco-friendly land uses that ensure conservation of these areas. g) Develop sustainable appropriate technologies for marginal land utilization. Issue: Rangelands are severely degraded due to overgrazing and other poor animal husbandry practices. Rangelands comprise open savannah where soil and rainfall are not conducive to arable farming and form what is popularly known as the “cattle corridor” extending from the Uganda - Tanzania border in the districts of Mbarara and Rakai in the South West through the districts of Sembabule, Mubende, Kiboga and Nakasongola in the central region and through the districts of Pallisa, Kamuli, Kumi, Soroti, Katakwi in the lake Kyoga region, to Kotido, Moroto and Nakapiripirit districts in the North East bordering Kenya and Sudan. They cover about 43% of the land area of Uganda. They are mainly used for grazing livestock and wildlife conservation. Migrants from areas which practice 45 crop farming have settled in some parts of rangelands and converted their land use to crop agriculture. This has resulted in severe degradation in some areas. Serious degradation of rangelands is also attributed to a number of factors including bush burning, fuel wood harvesting, insecurity and poor research and extension programs. Policy Statement 8 To discourage socio-cultural, economic and other practices that degrade the quality of rangelands in Uganda. Strategies a) Study and update the carrying capacity of rangelands. b) Establish mechanisms for enforcing adherence to the optimum stocking rates for each area. c) Establish a framework for livestock management in rangelands including provision of water, pasture and fodder development. d) Discourage open access to grazing land among the pastoralists by promoting development of Communal Land Associations and use of communal land management schemes. e) Create awareness for resource users and owners on the value of appropriate stocking levels. f) Revive, enforce and implement existing byelaws and ordinances to control bush burning. g) Encourage farmers to diversify their farming activities. h) To promote the use of energy saving alternatives. Issue: Where underutilized land exists, shifting cultivation is the major cause of deforestation and land degradation. The conversion of forested lands into agricultural areas has been the principal contributing factor to loss of forest cover. Shifting cultivation exploits the natural fertility of the soil for short-term benefits. When the soil loses fertility, the farmer shifts to clear another forested area for agricultural production. 46 Policy Statement 9 To encourage farmers to adopt farming practices that sustain soil fertility and high crop and animal productivity on their land. Strategies a) Educate and create awareness among farmers in farming practices that sustain crop yields and soil fertility including agro forestry and afforestation. b) Create incentives for the protection of forests outside protected areas and discourage shifting cultivation. Issue: Intensification of agriculture on existing cultivation areas poses the threat of pollution. Residual effects of agro-chemicals on the country's environment are relatively unstudied. Although purchased physical inputs (agrochemical, seeds and tools) represent less than 30% of the total cost of crop production, the current trend indicates that the use of pesticides is becoming widespread. The country's crop diversification policy, especially the encouragement of high value export crops, is likely to contribute to greater use of agro-chemicals. Moreover, the major users of pesticides are smallholders who have had little, if any, training or skills in pesticide application, storage or disposal. When combined with chemicals used in livestock and protection of human beings, the total quantity of residual chemicals entering the environment is significant. Policy Statement 10 To encourage judicious use of agro-chemicals in a way that does not pollute the environment. Strategies a) Intensify educational and awareness programs about the dangers of pollution arising from improper use and application of agro-chemicals. b) Ensure agro-chemicals available for use by farmers are clearly labeled and bear instructions for handling, safe use and disposal in order not to pollute water sources. 47 c) Provide extension services and training to empower farmers in proper use and application of fertilizers, pesticides and herbicides. d) Monitor the levels of pollution in the soil and water sources around horticultural and other farms, where chemical use is intensified. e) Conduct Environmental Impact Assessments for all planned large farms (especially those engaged in horticulture); ensure potential impacts are mitigated against and establish a mechanism for monitoring the implementation of recommended mitigation measures. f) Promote organic farming where appropriate to minimize use of agro-chemicals. g) Standardize and harmonize all laws and regulations governing importation and/or use of agro-chemicals. h) Promote research in biological pest control. i) Formulate and implement an Agro-chemicals policy. Issue: Increasing climatic variability and change is responsible for drought and accelerates desertification. Farming in Uganda is almost entirely dependent on rainfall, except for limited irrigation practices in some areas. Rainfall distribution, variability and the resulting soil moisture are the most important climatic factors affecting agriculture in Uganda. Persistent droughts resulting from prolonged dry seasons and the general increases in surface temperature regimes are a manifestation of climatic variability. At the same time excessive rainfall causes flooding resulting into indentation of crops and erosion. This climate variability has had a devastating effect on food production in some parts of Uganda. In some parts of the country where rainfall is normally low, irrigation agriculture could be practiced to boost production by utilizing surface and ground water reservoirs. Policy Statement 11 To promote practices and strategies that minimize the impact of climate variability and change. 48 Strategies a) Improve long-term weather forecasting to enable a quick response to drought and flooding. b) Intensify the use of early warning systems to prepare communities for possible climatic variation. c) Assess and continue the monitoring of available crop-water demand for different crops in the agro-ecological zones in order to design appropriate water techniques. d) Determine the feasibility of intensified irrigation agriculture in the country. e) Develop, demonstrate and promote adoption of small-scale pilot irrigation systems that can be easily diffused into the local agricultural systems. f) Identify and promote indigenous technical knowledge related to weather forecasting and coping strategies under climatic stress. g) Conduct Environmental Impact Assessments for all planned large-scale irrigation schemes. h) Strengthen existing education and extension programs on soil and water conservation, and water harvesting techniques and practices. i) Develop adequate capacity amongst agricultural advisory service providers and farmers for the management of irrigation agriculture and associated land management problems. j) Develop and promote the use of drought and pest resistant crops. 3. NATURAL RESOURCES The natural resources of Uganda are a vital part of the environment and they include forests, water, wetlands, minerals, wildlife, fish, air, climate and soils. Their distribution, quality, quantity and usage vary from one area to another. It is therefore important to have a comprehensive land use policy for their equitable and sustainable utilization to ensure national social and economic development Issue: Inadequately defined criteria for gazetting and degazzeting of land for conservation. 49 The criteria for setting aside areas for conservation in the country are not well established or known. In addition, in circumstances where land under conservation has been degazzeted, the rationale behind such action has not been clearly explained or understood. Consequently, there is a feeling that there is no regional balance in the distribution of protected areas, and that in general, the total area under conservation in the country is neither adequate nor representative of all Uganda’s ecosystems. Policy Statement 12 To develop harmonized criteria for gazetting and degazetting of conservation areas. Strategy a) Develop, publish and disseminate clear criteria upon which land to be gazetted for conservation or degazzeted from conservation should be based. b) Unsure that any gazetting or degazetting exercises are preceded by a land evaluation that takes into consideration the various competing land uses. c) Acquire on regular basis information on natural ecosystems for purposes of establishing conservation areas. d) Ensure the participation of stakeholders in the development of criteria for gazetting and degazzeting of conservation areas. Issue: Encroachment on and illegal settlement in protected areas is of concern. Settlement in protected areas inconveniences both the wildlife and the settlers; this is illegal, dangerous and creates competition for and degradation of resources. Policy Statement 13 To maintain the integrity of protected areas. Strategies a) Establish and maintain clear boundaries of the protected areas. 50 b) Establish a participatory mechanism to determine resource needs from protected areas to allow limited and controlled human access to some of the resources. c) Where feasible, acquire strategic buffer zones such as wildlife corridors to reduce wildlife-human conflicts. d) Reduce the pressure put on protected areas by promoting alternative livelihood opportunities for communities. e) Sensitize local communities on the benefits accruing from the sustainable use of protected areas. f) Develop and implement participatory mechanisms for Government and the public to share responsibilities, costs and benefits of protected areas. Issue: Ill-defined resource-use rights contribute to resource degradation. The rights to resource utilization are at times not properly defined and this has led to misinterpretation by the users. Such an anomaly needs to be rectified to avoid resource degradation. Policy Statement 14 To define resource use rights and responsibilities. Strategies a) Re-define up-date and harmonize the different natural resource policies and legislation as they relate to use-rights and responsibilities. b) Encourage community participation in the formulation of policies and legislation to avoid future conflicts. c) Sensitize the populace on their resource-use rights, responsibilities, and the need for sustainable resource utilization. d) Develop and implement appropriate use rights mechanisms to resolve use right conflicts between communities and protected area authorities. Issue: Policies that encourage unguided changes in land use of protected areas. Uganda is pursuing various policies (formal and informal), which allow changes in land use of protected areas especially forests, wetlands and wildlife reserves. 51 Many protected areas are being degazetted in pursuit of economic development (Urbanization, industrialization, commercial agriculture, and other forms of investment activities). Policy Statement 15 To strengthen existing mechanisms and establish new ones, where necessary, for changing the land use of protected areas. Strategies a) Update existing policies and legislation, and where necessary enact new ones so as to ensure guided land use change of protected areas. b) Rationalize changes in land use of protected areas in urban, peri-urban and rural areas. c) Encourage multiple non-consumptive uses in protected areas. d) Establish alternative protected areas to maintain the same protected area estate. e) Degazzeting should always follow the right procedure Issue: Extensive deforestation on private, communal and (the former) public lands due to inadequate protection. Land ownership in Uganda varies and so does resource utilization on land. Due to weak policies and inadequate enforcement of legislation, large chunks of forest cover on private, communal and public lands have been degraded to provide space both for agriculture and settlement. It is therefore, important that forests be protected for sustainable development, and the national forest estate maintained to provide the much needed forest goods and services. Policy Statement 16 To halt and reverse the rate of deforestation in areas outside gazetted forest reserves. Strategies a) Strengthen the implementation of sustainable methods of forest resource utilization under different categories of ownership, as prescribed by the National Forestry Policy and the National Forestry and Tree Planting Act. 52 b) Establish clear guidelines and standards with in-built incentive mechanisms, for managing forest resources under different categories of ownership. c) Sensitize the public on forest conservation, its costs and benefits for sustainable social and economic development. d) Support initiatives for management of forests outside protected areas. e) Reduce demand on forest products by encouraging the use of alternatives and efficient production methods. f) Encourage investment in forest plantations both in urban and rural areas and take advantage of carbon credits financing. g) Establish and maintain a database for all forests outside protected areas. Issue: Weak policy and legal mechanisms for wildlife conservation outside protected areas. Wildlife does not know any boundaries; as such they live both inside and outside protected areas. The Uganda Wildlife Authority manages those inside protected areas while those outside are “owned” but not managed by the state. However, they pose a threat to human life and compete for resources with other land use activities. Their numbers have also been drastically reduced due to uncontrolled hunting and reduction of their habitat. Policy Statement 17 To establish and implement an effective mechanism for the management of wildlife outside protected areas. Strategies a) Establish clear policies on wildlife management outside protected areas. b) Develop a framework to integrate wildlife keeping with other land uses. c) Sensitize the population on the economic benefits of integrating wildlife with other land use activities. d) Involve all stakeholders in the formulation and implementation of legislation on wildlife management outside protected areas. e) Implement wildlife use rights established under the Uganda Wildlife Authority. f) Sensitize the public on the existing recommended procedures for handling problem animals and vermin. 53 Issue: Degradation of water sources and catchment areas ‘Water is life.’ It is important to protect both the water sources and catchments if water supply is to be maintained to ensure sustainable economic development. Policy Statement 18 To protect and maintain all water sources and catchments in the country. Strategies a) Enforce regulations and policies on use of wetlands and forests. b) Harmonize and up-date all policies and regulations related to water resource utilization. c) Define, protect and restore gazetted and non-gazetted areas that serve as catchments. d) Ensure proper land management of the hilly and mountain environments. e) Sensitize the public on the need to protect water catchments. f) Develop and enforce mechanisms to control water, air and soil pollution. g) Promote rainwater harvesting. Issue: Loss of forest cover to infrastructure development (roads, power, pipe and rail lines) The success of economic development depends on infrastructure development. Uganda is investing heavily in this area so as to sustain the level of economic growth. However, this is done at a cost and forests have suffered degradation as a result of alignment of roads, power, pipe, rail lines and other forms of infrastructure. Policy Statement 19 To control forest degradation resulting from infrastructure development. Strategies a) Subject all infrastructure developments to Environmental Impact Assessment. b) Include the cost of environmental restoration measures in all infrastructure development budgets. 54 c) Ensure the implementation of environmental mitigation measures during and after infrastructure development projects. d) Encourage infrastructure (road, rail, pipe and power line) alignments that minimize forest degradation. e) Establish institutional linkages to plan and implement infrastructure development in forested areas. Issue: Loss of biodiversity The present land use activities not only cause environmental degradation but also loss of biodiversity, both in protected and non-protected environments. There is need to reverse this trend if Uganda is to benefit from its vast biodiversity resources. Policy Statement 20 To halt loss of, maintain and restore biodiversity Strategies a) Design and implement a clear and well-defined land evaluation mechanism. b) Sensitize the people on the costs and benefits of conserving biodiversity. c) Restore the lost biodiversity through sustainable, well-established and innovative programmes. d) Implement the National Biodiversity Action Plan. e) Encourage coordination and networking among institutions responsible for biodiversity conservation. f) Encourage practices that promote conservation of biodiversity among communities. 55 4. HUMAN SETTLEMENT AND URBANISATION. The term “human settlements” refers to the peoples’ living environment, be it in a rural or urban setting. It includes all human economic activities, social amenities and the physical infrastructure that support human endeavor for a meaningful life. Human settlements have also been described as a material structure system established artificially by human beings, and whose basic function is to meet social and economic needs indispensable for everyday life. Rural settlements in Uganda are generally characterized by a dispersed pattern of homesteads and low population density although others such as the districts of Kabale, Mbale, Arua and Kisoro are densely populated. The rural population mostly depends on the natural environment for their livelihood through primary production in agriculture and livestock keeping, among others. Rural areas are also characterized by poor social and physical infrastructure namely roads, education, health and recreation facilities. On the other hand, the urban settlements are more nucleated with higher population densities. The urban population derives livelihood from non-primary activities mainly manufacturing industry and the services sector. In Uganda today the rural areas account for about 88% of total population compared to 12% in urban areas. But this composition is fast changing because urban population is growing at 4.6% compared to national growth of 3.4% (UBOS, 2002). It is projected that by 2030 Uganda's urban population will have doubled to account for over 30% of total population (UNDP, 2000). 56 CLASSIFICATION OF THE DISTRICTS BY POPULATION DENSITY Figure 6: Source: UBOS (2002) 57 Land is a limited resource and this calls for rational human settlement development so that available land and other natural resources within and around the human settlements are optimally utilized to achieve sustainable growth. The following policy statements therefore aim at promoting rational use of land to reduce wastefulness in order to achieve optimal and sustainable human settlement patterns. Issue: Inadequate Human Settlement Planning Government realises that there is lack of effective planning both in rural and urban areas, which has resulted not only in haphazard development in urban areas, but also wasteful and inappropriate settlement systems and patterns. Government also recognizes that the absence of an urbanization policy has resulted into mushrooming of new unplanned urban centers and expansion of existing ones. This has led to gradual transformation of prime agricultural land into urban areas. This process is taking place not only due to lack of a clear policy framework but also inadequate capacity to plan and implement urban development plans. Policy Statement 21 To enhance the quality of rural and urban settlements and strengthen land use planning at all levels. Strategies a) Establish a framework for rural settlement planning at all levels. b) Facilitate district and urban planning units to produce urban and rural settlement guidelines and plans to direct development in these areas. c) Facilitate the integration of local, district and regional plans into a national plan. d) Develop and implement a national urbanization policy. e) Develop sustainable settlement systems, which suit the various urban and rural areas with a view to reduce land wastage and to create a healthy living environment. 58 f) Ensure all land use planning institutions in the country are supported to improve and consolidate their capacity to plan. g) Adopt a participatory and bottom-up approach to human settlement and land use planning. h) Integrate rural, regional and urban planning to attain planned urbanization. i) Integrate the structure/physical plans with the socio-economic development plans at all levels. j) Review planning legislation to meet the challenges of human settlement planning and development. Issue: Lack of Adequate shelter for all The housing needs both in rural and urban areas are very high. Housing in the rural areas is predominantly of low quality while that of urban areas is characterized by inadequacy in both quality and quantity. While Government is committed to international declarations and best practices (such as the Istanbul Declaration on Human Settlements and the Habitat Agenda), not much has been achieved in the development of adequate shelter for all. The most notable reasons are, among others: Low levels of income for the majority of the population, high cost of land, shortage of skilled manpower, high cost of building materials, inadequate housing financing facilities, etc. Policy Statement 22 To promote and encourage the development of adequate and appropriate shelter for all. Strategies a) Continue and enhance poverty alleviation programs to meet housing needs. b) Review building and planning standards with a view to make them 'user friendly' other than being a deterrent to development. c) Enhance awareness on the availability of affordable proto-type plans for low income housing. d) Promote research in appropriate technology in the construction industry with a view to reducing the costs of building materials. 59 e) Encourage developers and local authorities to buy properties on unviable plots in order to promote planned development consolidation. f) Discourage the development of slums and promote slum up-grading initiatives in urban areas. g) Introduce, promote and popularize the use of appropriate technology for earth quake prone areas. Issue: Inadequate integration of provisions of infrastructure in Human Settlements. Government reaffirms the need for development, which takes cognizance of provision of basic infrastructure as vital. Most of the urban areas are not adequately provided with infrastructure such as safe water, sanitation, drainage and solid waste disposal services. This phenomenon affects the quality of environment required in the human settlements. Similarly rural settlements lack sustainable energy and transport systems. Factors, which bring such situations into play include high costs due to horizontal nature of developments, dispersed nature of rural settlements, high utilization of biomass energy (firewood and charcoal) for cooking that depletes tree cover, haphazard development in urban areas and urban fringes, and lack of integration in the provision of environmental infrastructure. Policy Statement 23 To integrate the provision of basic infrastructure and services in human settlements. Strategies a) Promote an integrated approach that brings together infrastructure and service providers at the planning stage. b) Facilitate planning units at all levels so that planning always precedes development c) Open up more rural transportation routes to provide for more rural-urban development integration. 60 d) Promote energy saving technology and encourage the use of alternative/renewable energy sources. e) Provide initial basic services and infrastructure in pre-developed and developed areas. f) Adopt appropriate standards for infrastructure and services in human settlement planning. Issue: Inadequate public participation and lack of awareness in Land Use Planning. Land use planning is for the people and as such whatever policy is formulated in this regard must be pro-people. Good governance calls for participation of the people and transparency throughout the planning processes. Planning as a matter of principle must be people- centred and must preserve human rights. Therefore, while planning, all the people concerned should participate in the process as much as possible. The planning function has not been "popularized" enough to be appreciated by the actors in the development of human settlements. Some deliberate action has to be taken to reverse this situation, create public awareness and promote public participation in the implementation of land utilization strategies. Policy Statement 24 To raise public awareness and promote participation in the implementation of land utilisation strategies. Strategies a) Sensitize the public on the importance of land use planning. b) Provide an elaborate mechanism for public participation in the land use planning process. c) Encourage private and public partnerships in the development of human settlements. 61 Issue: Unsustainable Mining, Quarrying and excavation activities. Extraction of minerals, stones, grand laterite and clay provides raw materials for development and earns the country foreign exchange. However these activities also generate negative environmental impacts such as land degradation as well as physical and health risks to those involved in this sector. It is therefore necessary to address the conflicts between mining, quarrying and excavation and the need to maintain the integrity of the environment and public health through appropriate land use planning. Policy statement 25 To ensure deliberate actions are taken to restore the environment and minimize health risks from mining, quarrying and excavation. Strategies a) Promote and enforce the practice environmental restoration of sites degraded by mining, quarrying and excavation. b) Promote the application of environmentally friendly technologies and methods in mineral exploitation, quarrying and extraction. Issue: Unsustainable use of local Construction materials. Government is aware that the locally available materials used in the construction activities can be completely depleted if no measures are taken to utilize them sustainably. Deliberate actions should be taken to restore the environment from which these materials are collected. Policy Statement 26 To promote sustainable use of locally available materials for construction activities. Strategies a) Encourage and promote research in sustainable use of locally available natural resources for construction. 62 b) Promote research in development of appropriate technologies and methods of construction. c) Develop guidelines and standards for the utilization of natural resources for construction. d) Encourage development and use of alternative and affordable construction materials within the country. e) Encourage investments in industries producing alternative and affordable building materials. f) Promote the practice of environmental restoration of sites degraded by mining and quarrying for constructions materials. g) Promote the application of environmentally friendly technologies and methods in mineral exploitation, quarrying and extraction Issue: Inadequate planning for industrial development in both rural and Urban areas. Industrialization is one of the key strategies for the modernization of the national economy and the quest for poverty eradication. Industries provide markets for the raw materials produced by the rural communities, provide alternative forms of income for people who can no longer survive on their dwindling land resources, and are generally an important entry point for fighting poverty. Industrialization also has the potential to release land for more organized and sustainable agricultural production. Government supports the development of industries in all parts of the country, both rural and urban. However, current practices in land use planning have not recognized the need to identify and set aside land to attract and encourage investment in industrial development. Where industries have been developed, their locations have not been consistent with the principles of planned development. Policy statement 27 To promote and encourage planned industrial development throughout the country. 63 Strategies (a) Provide land specifically for industrial development in both rural and urban areas as part of land use planning. (b) Establish support infrastructure in selected areas as a means of attracting industrial investment. (c) Evaluate the existing natural resource potential to determine the type of industries suitable for various parts of the country. (d) Strengthen regional planning as a means to achieve balanced economic development. 5. LAND MANAGEMENT AND ADMINISTRATION Issue: Inadequate harmonization of land uses and their policies Different sectors such as agriculture, industry, transport, forestry, wildlife, urban development and social services compete for land. Each sector has its own land use activities, which are not always integrated with those of other sectors. These alternative land uses have led to conflict and disharmony over land use allocation. There are inadequate consultations between sectors both in land use allocation and formulation of laws. Lack of common guiding principles has led to each sector or institution pursuing its own objectives when it comes to planning for land utilization. At individual household level, land is supposed to provide basic needs such as food, firewood, etc, and its supply is fixed. Coupled with the growing population, this has meant a decrease in land per capita, leading to land fragmentation and spill over into wetlands and other marginal lands, and resulting in environmental degradation. Policy Statement 28 To promote integrated land use planning and management with a view to achieving coordination among various sectoral land use activities. 64 Strategies a) Develop, review and harmonize the different sectoral laws and policies relating to land use and management. b) Develop a national land use plan for the country. c) Develop district land use plans in conformity with the national land use plan Issue: Difficulties encountered in implementing the Land Act (The Land Act Chapter 227) There is lack of awareness by the majority of people both in urban and rural areas of the laws governing land use and management in the country. In addition, there is resistance and non-adherence to existing control laws and regulations. The principal laws currently in force are the Land Act 1998 and the Town and Country Planning Act 1964, the Survey Act 1964, and the Registration of Titles Act 1964. The principle enshrined in the Act enables bona fide and lawful occupants to obtain registrable interests in the registered land they occupy. However, this has not been operationalised due to: i) Resistance of the registered owners against what they consider to be expropriation of their property rights and interests. ii) Lack of understanding by both the bona fide and lawful occupants who are not aware of the present provisions and still think they are at the mercy of the registered owners. iii) Inadequate capacity in the relevant institutions such as Ministry of Water, Lands and Environment, District Land Boards, District Land Offices, District land tribunals and land committees. iv) Lack of sufficient funds under the Land Fund to enable bona fide and lawful occupants purchase reversionary interests from the registered owners. v) Certain aspects of the Land Act have not been implemented due to large resource implications. Policy Statement 29 To develop capacity for implementation of the Land Act, 1998. 65 Strategies a) Enhance Implementation of the 10 year Land Sector Strategic Plan so as to ensure completion by 2011. b) Carry out dissemination of information on the contents of the Land Act 1998, including its implications on land use. c) Sensitize registered landowners, lawful and bona fide occupants on the provisions of the Land Act, 1998. d) Endeavour to obtain funds for implementation of the Land Act, 1998 Issue: Poor management of Government land All government land is not well defined nor is it titled. This leads to extensive encroachment and misuse that ends up in conflict and displacement of people. Sometimes government land is not put to its best use. Some government land and its prescribed use were created a long time ago hence this necessitates a review of proper use of this land. Policy statement 30 Promote Better management and use of Government land. Strategies. a) Government should take stock of its land, undertake to survey and title all her land. b) Government to carry out an evaluation of the current use of all its land. c) Government should review the use of its land every 10 years. d) Measures should be put in place to regularly administer and police all Government land. Issue: Insufficient evaluation for land use allocation Various land use activities compete for land, and allocation at both national and local levels has been done without adequate land evaluation. There are no land suitability maps to guide the determination of viable land use options depending on physical, environmental, economic and social considerations. 66 Policy Statement 31 To undertake land evaluation and determine the most suitable land use options. Strategies a) Update topographic, soil and rainfall maps, and socio-economic data. b) Establish land use laws, regulations and guidelines to be applied when allocating land for various uses. 6. LEGAL AND INSTITUTIONAL FRAMEWORK Issue: Weak and Outdated Laws and Policies. Some laws relating to land management and administration are weak and outdated. In addition, land is subjected to different uses and thus its management falls under different sectoral institutions that have limited human and financial resources. Furthermore, decentralization introduced new institutions aimed at improving service delivery at grassroots level, but these are beset with weak implementation due to lack of adequate professional expertise, as well as poor coordination between central and local Governments. Inadequate sectoral coordination has also had negative impact on land use, just as weak inter-sectoral and district coordination has resulted in contradictory land use patterns. Policy Statement 32 To revise and harmonize all existing laws and policies related to land use planning and develop implementation capacity. Strategies a) Complete the on-going revision of the Town and Country Planning Act (1964), and harmonize it with related Policies and legislation. b) Review the following pieces of legislation (as amended) and harmonize them with the aim of enabling smooth implementation of the Land Act (1998): The Mortgage Decree (1975); The Registration of Titles Act (1964); The Land Acquisition Act (1965); and The Local Government Act (1997). c) Strengthen links among sectors, between sectors and local governments, and among local governments in order to improve their coordination. 67 d) Provide financial support and train local government staff in order to attain efficient service delivery. e) Strengthen the land use planning and management systems provided for in planning legislation. Issue: Poor mechanisms for dissemination of land use related Information. Despite the impressive achievements made by Government in liberalizing the information and communications sector, the level of land use related information available to the public is still low. In some cases, especially in rural areas, use of modern technology for land use information dissemination is still hampered by inadequate infrastructure such as poor power supply. Related to this is the high cost of information technology, which is beyond the reach of the majority. Policy Statement 33 To improve dissemination of land use information at all levels in the country. Strategies a) Increase the use of existing and potential avenues for disseminating land use information, including Radio, Television, Print media, Institutional Libraries and Resource Centers, Civil Society and Religious Organizations. b) Package land use information for use by a variety of stakeholders including local governments, landowners, land managers, land administrators, researchers, students, investors, and others. c) Develop the capacity of private extension service providers to provide expert advice on land use through institutions such as the National Agricultural Advisory Services (NAADS) and others. d) Institutionalize land use information dissemination at all levels of education. e) Produce a current status report on “The State of Land use in Uganda” once every 5 years for urban and 10 years for rural areas. 68 7. REGIONAL AND INTERNATIONAL OBLIGATIONS Issue: Low levels of implementation of the provisions of regional and international treaties and conventions Uganda is a signatory to several international conventions and regional agreements that are of direct relevance to land use. It is expected that the country will continue to join the international community in acceding to and implementing others in future. More effort is required to integrate them into national and local legislation to facilitate their full implementation. Policy Statement 34 Enhance implementation of regional and international conventions and other protocols to which Uganda is (or will be) a signatory, and in compliance with national laws, policies, regulations and guidelines. Strategies a) Endeavour to meet the relevant obligations required of the country under the international and regional protocols to which she is a signatory. b) Domesticate international conventions and other protocols to ease compliance and implementation. (See Annex 2). c) Sensitize all stakeholders on Uganda’s international obligations related to land use planning. 69 SECTION 4: ENABLING ENVIRONMENT FOR IMPLEMENTATION OF THE NATIONAL LAND USE POLICY ENABLING ENVIRONMENT The Government of Uganda should promote policies that provide an enabling environment for developing land use systems that simultaneously address social and economic pressures and environmental concerns. This section sets out the key elements essential for the implementation of the land use policy. These include the following: a) A national multi sectoral land use approach will be adopted. A national multi-sectoral approach will provide an enabling framework for appropriate land use in Uganda, and will be regularly reviewed to take into consideration any future adjustments related to emerging national priorities. The underlying principle will remain the use of land to address poverty reduction while at the same time using land resources sustainably in the quest for national social and economic development. b) The Government will at all times provide the requisite political support at all levels. Implementation of the land use policy will require political will and support, and can only be successful if peace and security prevail in all parts of the country. c) Appropriate laws and policies will be formulated to guide land use in the country. There are conflicting policies and laws related to judicious land use in Uganda. Government will ensure that where conflicts exist in the current policies and laws, they will be harmonized. Where the legislation and policies are lacking, they will be formulated and implemented. All these instruments must work towards the goal of supporting suitable land use in the country. 70 d) Clear sectoral coordination structures for sustainable land use will be developed Policy implementation requires that appropriate mechanisms be put in place. These include inter- and intra-sectoral coordination structures at all levels of Government. Such coordination structures will recognize the roles played by central and local Governments, the private sector and civil society organizations. Adequate structures will involve landowners and other community groups especially in making decisions that directly or indirectly affect them. e) The Government will develop innovative mechanisms to provide adequate resources to ensure the implementation of the land use objectives and strategies. The implementation of the national land use policy will require significant financial human and other resources. Government will develop innovative financial mechanisms to achieve these goals. This will involve putting in place financial incentives that promote suitable land use, including land consolidation where land fragmentation has reached a level that does not support meaningful agricultural production. Government will also seek support from its development partners and encourage coordinated funding to meet the stated land use policy goals. Coordination of this funding will be the responsibility of the new institutional structure established to oversee the implementation of the national land use policy. In any case, Government should ensure collaboration among all stakeholders at all levels, both external and internal, in pursuit of these policy goals. In addition, both central and local governments will bear their share of financial and human resources requirements, supported, where feasible, by civil society and other stakeholders. 71 f) The Institutional framework for implementation of the land use policy will be established and strengthened. Land in Uganda is under various uses, which in turn fall under the jurisdiction of a number of sectors. To ensure adequate coordination across these sectors, Government will strengthen the Department of Physical Planning to adequately handle, among others, coordination, supervision, communication, research, data and information collection and dissemination, monitoring, and evaluation of the implementation of this policy. In addition, the National Agricultural Advisory Services (NAADs) will develop a comprehensive land use program that promotes the integration of Environment and Natural Resources Management issues in agricultural production g) Community awareness and participation at all levels of policy implementation will be ensured. It is essential that all citizens of Uganda be made aware of the provisions made under this policy. They should also collectively or individually participate in the implementation of the policy. For this to be achieved an appropriate communication strategy that takes into consideration all available means must be put in place. Effective participation will also be enabled if the existing structures for implementing the Land Act 1998, and The Town and Country Planning Act 1964 are facilitated to operate effectively. h) Government will ensure the availability of accurate, up-to-date and timely information on land use in Uganda. To promote suitable land use, adequate scientifically valid and appropriately processed information on land use and its changes in the country has to exist. Government, through the Department of Physical Planning, will ensure that land use /land cover data processed at the appropriate scale will be available in the country. Modalities for accessing this data will be published in the form of a “Land Use data Policy”. 72 A repository for land use /land cover data will also be designated and facilitated to ensure collection, processing, storage, retrieval and dissemination of land use / land cover information. i) Trained, skilled and motivated human resources will be made available to ensure effective implementation. The Government will ensure that it develops a strategy to ensure that all technical and professional personnel and support staff involved in the implementation of this policy are well trained; their skills regularly upgraded, are well motivated and remain focused to ensure sustainable land use for the socio-economic development of the country. Where such human resources are lacking, Government will ensure they exist in the shortest possible time. Government will also ensure that delegation of responsibility will be matched with provision of the requisite human and financial resources. j) Women, Youth, the Poor, persons with disabilities and other disadvantaged groups will be accorded equal opportunities. Government will ensure that women, youth, the poor, the disabled and other disadvantaged groups will receive equal treatment as the rest of the citizens of this country. In particular, Government will ensure adequate and effective integration of gender concerns in all programmes geared towards the implementation of this policy. The issues to consider will include the following: i) Security of tenure especially for women, the poor and the disabled. ii) Encourage participation of women and youth in land use decision making, especially where they are directly or indirectly affected. iii) Promote positive changes in cultures and attitudes to support sustainable land use, equitable distribution and sharing of benefits. iv) Develop programmes to improve skills of the poor so that they can make a gainful living from their land. Marginalized groups of people are more likely to use land unsustainably and should therefore be given special attention. There will be no discrimination against people living with debilitating illnesses. 73 k) The Government will participate fully in the implementation of regional and international obligations. Uganda is a signatory to a number of international conventions and other protocols. These will be met through domestic legislation and action. Where other protocols are being developed, Uganda will participate fully in these developments as long as they promote national objectives. l) Implementation of the land use policy will be monitored and regularly assessed and reviewed The Government will continuously evaluate the impact of implementation of the national land use policy objectives and strategies Impacts will be measured against set performance indicators modeled around the following: • Sustainable use of land resources • Maintenance of adequate strategic resources such as forests, wetlands, and protected areas. • Contribution of sustainable land use to job creation and poverty reduction. • Coordination of planning, policy implementation and legal reforms in all sectors related to land use. • Integration of gender concerns in the general land use planning in the country. • Ensuring equitable use of natural resources. 74 Annex 1: Policies and Legislation Related to Land Use in Uganda The following are the key existing policies and Laws that are related to land use in Uganda. Laws Implementing Institution 1 The Constitution of Uganda Government of Uganda 2 The National Forestry and Tree Planting Act, 2003 Ministry of Water, Lands and Environment National Forestry Authority 3 National Environment Act Cap 152 Ministry of Water, Lands and Environment 4 The Water Act Cap 152 Ministry of Water, Lands and Environment 5 The Uganda Wildlife Act Cap 200. Ministry of Tourism, Trade and Industry 6 The Cattle Grazing Act Cap 43/42 Ministry of Agriculture, Animal Industry and Fisheries 7 The Town and County Planning Act Cap 246 Ministry of Water, Lands and Environment 8 The Land Act Chapter 227 Ministry of Water, Lands and Environment 9 The Uganda Investment code Act Cap 92 Ministry of Finance and Economic Planning Uganda Investment Authority 10 The Mining Act Cap 148. Ministry of Energy and Mineral Development 11 The Local Governments Act Cap 243. Ministry of Local Government Policies Implementing Institution 12 The Wildlife Policy, 1995 Ministry of Tourism, Trade and Industry Uganda Wildlife Authority 14 The National Food and Nutrition Policy Ministry of Agriculture, Animal Industry and Fisheries 15 The National Agricultural Research Policy Ministry of Agriculture, Animal Industry and Fisheries National Agricultural Research Organization 16 The Uganda Forestry Policy, 2001 Ministry Water, Lands and Environment 17 The National Environment Management Policy, 1994 Ministry of Water, Lands and Environment National Environment Management Authority 18 The National Policy for Conservation and Management of Wetlands Resources Policy, 1994 Ministry of Water, Lands and Environment 19 The Housing Policy, 1964 Ministry of Works, Housing and Communication 20 The National Fisheries Policy, 2000 Ministry of Agriculture, Animal Industry and Fisheries 21 Community – Protected Areas Institution Policy, 2000 Ministry of Tourism, Trade and Industry 22 Poverty Eradication Action Plan Ministry of Finance 23 Vision 2025 Government of Uganda 1 1 All the laws are cited as “The Laws of Uganda 2000” 75 Annex II: International conventions i) The Habitat Agenda (1996). ii) The United Nations Convention to Combat Desertification (1994). iii) Agenda 21 (1992). iv) The Convention on Biological Diversity (1992). v) The United Nations Framework Convention on Climate Change (1992). vi) The Vienna Convention for the Protection of the Ozone Layer (1985). vii) Convention on Wetlands of International Importance Especially as Waterfowl Habitat (1971). viii) The Convention on the Conservation of Migratory Species of Wild Animals (1979). ix) Convention on the International Trade in Endangered Species of Wild Fauna and Flora (1973). x) The Convention Concerning the Protection of the World Cultural and Natural Heritage (1972). xi) The Ramsar Convention (1971). xii) The African Convention on the Conservation of Nature and Natural Resources (1968). 76 Annex III: MEMBERS WHO PARTICIPATED IN THE FORMULATION OF THE NATIONAL LAND USE POLICY. I - LANDUSE POLICY WORKING GROUP No Name Designation Organization 1 Mr.Herbert Sekandi Commissioner/Chairman - LUPWG Physical Planning Dept MWLE 2 Mr. William Walaga Asst Commissioner Human Settlement - MOWHC 3 Mr. Kalule Sewali Ag Commissioner Water shed management MAAIF 4 Dr. Festus Bagoora Natural Resource Specialist NEMA 5 Mr. A. J. Bwiragura Chief Government Valuer Valuation Dept - MWLE 6 Mr. Paul Musaali Lecturer Dept of Geography - MUK 7 Mr. D. K Kiwanuka Project Co-ordinator LTRP - MWLE 8 Mr. A.J.Andrua Asst Commissioner Forestry - MWLE 9 Mr. Charles. Kyamanywa Ag Chief Town Planner K.C.C 10 Mr. Savino Katsigaire Principal Planner Physical Planning Dept MWLE 11 Mr. Charles Alai Physical Planner Gulu 12 Mr. Byarugaba Sendere (RIP) Senior Planner Physical Planning Dept MWLE 13 Mr. F. Busenene (R.I.P) UWA 14 Mr. D.Kiwanuka Commissioner Lands and Surveys 15 Mr Nsamba Gayiiya Ag CGV MWLE II - PARTICIPANTS IN THE CONSULTATIVE PROCESS. a) Members of Parliament (Committee on Natural Resources) 1. Hon. Umar Lule Mawiya 2. Hon. Kiwalabye M. Daniel 3. Hon. Wopuwa G. W. 4. Hon Eng Ndawula-Kaweesi 5. Hon. Gertrude Kulany 6. Hon. Mukula Richard 7. Hon Dombo Emmanuel 8. Hon. Ojok B`Leo 9. Hon.Capt. Matovu David 10. Hon Apuun Patrick 11. Hon D`Jang Simon 12. Hon Muruli Mukasa 13. Hon. Lukyamuzi Ken 14. Hon. Kyahurwenda A. Tom 15. Hon. Nantume E. J 16. Hon. Munyira W. Rose 17. Hon. Nventa K. Ruth 18. Hon Kagaba Harriet 19. Hon Bagalana Tom. S b) Central Government, Local Government, Priate Sector, Profesional, NGOs,Donor, Civil Society, Academia, Community Leaders Participation No Name Designation Organization 1. Eng B.K. Kabanda Permanent Secretary MWLE 2. Bwango Apuuli Director- Lands MWLE 3. Eng .S. Bomukama Ag Director, DWD MWLE 4. Byendaimira Vincent Senior Planner MWLE 5. Okello Patrick Statistician MWLE 6. Ribakare Nathan Senior Planner MWLE 7. Galiwango Hamza Planner MWLE 8. Mutuzo Fridah Geographer MWLE 9. Kagwisa James Cartographer MWLE 10. Walusimbi Margaret Cartographer MWLE 11. Bwogi J.L.M Comm- L&S MWLE 12. Naome Kabanda PLO/GOV MWLE 13. Wakooli Watson STAT MWLE 14. Nsubuga Sam Principal Planner MWLE 15. Mubbala K.S.B DLE MWLE 16. Mulinde Mukasa-Kintu Asst Comm. Land Inspectorate MWLE 17. Bazira Eliphaz Comm Env’tal Affairs MWLE 77 18. Kakuru Willy Senior Wetland Officer MWLE 19. Badaza Mohammed Principal Water Officer MWLE 20. Kaweesi James Senior Economist MWLE 21. Muhwezi Florence Senior Training Officer MWLE 22. Musoke Racheal AC/EI MWLE 23. Atwine Abel Technical Officer MWLE 24. Kulata Sarah PLO - Gender MWLE 25. Mugenyi Stephen Economist MWLE 26. Ogaro E.W PLO - Geomatics MWLE 27. Karibwende E PLO Disputes MWLE 28. Dragulu Vale PAS MWLE 29. Barugahare Vincent Wetlands Mgt Officer MWLE 30. Ndimo Deo Institutional Support Officer MWLE 31. Masembe Joel Wetlands Inspection Officer MWLE 32. Oput Richard Asst Comm. LTRP MWLE 33. Paul Bakashabaruhanga Chairperson, DLB Mbarara 34. Karazaarwe J W Dist. Chairperson Ntungamo 35. Ishanga Ndyanabo Dist. Chairperson Bushenyi 36. Levi Etwodu Forestry Officer Bushenyi 37. Tumusiime Elizer Lands Officer Bushenyi 38. Banzubaze John District Eng Kisoro 39. Arinaitwe Enock District Forest Officer Kisoro 40. Begumisa Musa D.C.D.O Kabale 41. Tibaijuka Frank Cartographer Ntungamo 42. Tibesigwa Mukasa D.F.O Ntungamo 43. Tumwesigye Isiah Town Clerk Kisoro 44. Hanyurwa Artur Town Clerk Bushenyi 45. Kafura C.T Town Clerk Ibanda 46. Bujara.A.R Town Clerk Kasese 47. Muramira Aggrey Town Clerk Rukungiri 48. Itorot A.O District Surveyor Kabarole 49. Nyamukomoza Dissan Member, Land Board Mbarara 50. Kaganzi Emmanuel Physical Planner Rukungiri 51. Kabagambe .E.K C/M lands Bushenyi 52. Kyomukama Adios D.Forest Officer Kanungu 53. Baryantuma J.M Town Clerk Kabale .MC 54. Niwagaba. B D. Production Coordinator Ntungamo 55. Mwesigwa Frank Sec. DLB Kabale 56. Mutabazi Sunday Production Coordinator Kabale 57. Hamanya Plaxeda Chair Person Land Board Ntungamo 58. Walinah Teddy Chair Person Land Board Kasese 59. Ainomugisha . S S.M.M Mbarara 60. Nyaruhuma Grace ACDO Kabarole 61. Tumusheshe B.T Production Coordinator Rukungiri 62. Ayebare Pamela Investment Executive U.I.A 63. Kasaija Charles A.CAO Kabarole 64. Gumisiriza Chris Production Coordinator Bushenyi 65. Kwata Paul For: Lands Officer Mbarara 66. Sebagabo Bosco Sec Land Board Kisoro 67. Mukasa Kintu Consultant Kampala 68. Izaare Charles PSS Kampala 69. Nyamugo Francis Asst Town Clerk FortPortal MC 70. Mwesigwa Caleb District Surveyor Rukungiri 71. Kiconco Miriam Planner Mbarara 72. Rwabuleweme Sam DFO Mbarara 73. Baita Pascal A.CAO Kasese 74. Amwesiga M.D Planner Ntungamo 75. Muziimbwe Richard Environmental Officer Rukungiri 76. Kanyarutokye Moses A.CAO Kanungu 77. Tinka John C/Man Kasese 78. Byarugaba B Production Coordinator Mbarara 79. Bananuka Sarah Asst RDC Mbarara 80. Ahimbisibwe Innocent Asst Town Clerk Mbarara 81. Kugonza C. T D.F.O Kabarole 82. Mutebi Mulwanira Chairperson, Land Board Kalangala 83. Levi Zimbe Secretary, Land Board Buganda 84. Nyakaana J B Consultant Kampala 85. Sekyewa Nelson District Land Officer Masaka 86. John Tebyasa Matovu Mayor Masaka 87. P. Ntale Surveyor Buganda 88. Nakabuye Sarah C.D.O Wakiso 89. Sebadukka Authman Town Clerk Wakiso 78 90. Sekindi Aisha Sec Gender Masaka 91. Nakhwabye Micheal District Comm Devt Officer Kiboga 92. Birakwate Polly District Forest Officer Mpigi 93. Basoga David A. DFO Kalangala 94. Balimunsi Moses Forest Officer Mukono 95. Andama Hudson Ag Asst Comm Wakiso 96. Kibirige James Chairperson District Land Board Mukono 97. Okwalinga H.F Land Officer Mukono 98. Eswagu Sam DEC Nakasongola 99. Tumwesigye B.N A/D UIA 100. Dr Kawooya Emmanuel DEC Sembabule 101. Nakamatte Lillian Urban Officer Wakiso 102. Nalugwa Fausta D/ Planner Masaka 103. Eve Lukumu DPC Masaka 104. Akudo Patrick DEC Kiboga 105. Bwanika MK CAO Mpigi 106. Baryabanza Aaron Lands Officer Nakasongola 107. Gateese Teopista Environment Officer Luweero 108. Nakamatte Irene Physical Planner Wobulenzi 109. Ziwa Patrick For: Chairperson Masaka 110. Bugembe. J.R Consultant Kampala 111. Asimwe James Lands Officer Sembabule 112. Naava Nabagesera RDC Kayunga 113. Baguma Herbert ACAO Sembabule 114. Kiraza Annet DCDO Kayunga 115. Nasaazi Racheal ACAO Luweero 116. Mbaagwa M.A CAO Nakasongola 117. Serwanga K.W CAO Mukono 118. Nsereko Patience Environment Officer Mpigi 119. Ian Kyeyune Chairperson Wakiso 120. Nakayiwa Teddy Physical Planner Mukono 121. Nalumansi J District Production Officer Luwero 122. Kayita Senvuma Gregory ARDC Mukono 123. Bageine S.B Consultant Kampala 124. Gubya Pheobe Environment Officer Kampala 125. Nakato Prosy Town Clerk Luwero 126. Kagoro G District Surveyor Nakasongola 127. Musoke Solomon DEO Mukono 128. Musaazi Patricia DEO Kayunga 129. Katasi Florence CDO Luwero 130. Kyambadde F Town Clerk Entebbe 131. Nassolo Asiat CAO Sembabule 132. Bbuye Martin Physical Planner Mukono 133. Ochodomuge P Asst Comm/Forestry MAAIF 134. Bagerize L Town Clerk Masaka 135. Lwanga Athanasius Envt Officer Sembabule 136. Aryatwihayo Godet Forest Officer Rakai 137. Mukulu Fred Pdn Sector Mukono 138. Ongima Peter District Forest Officer Hoima 139. Egwel Denis Town Clerk Apac 140. Sentaayi Peter District Production Officer Kibaale 141. Kaahwa Mary For Mayor Masindi 142. Loumuroga Martin Environment Officer Adjumani 143. Omoyo Olum DEO Kitgum 144. Amone Constant DLO Kitgum 145. Abal Peter Dist Production Coordinator Kitgum 146. Opio Ogeny Physical Planner Lira 147. Ogwal Olule Town Clerk Lira 148. Okumu R DPC Kitgum 149. Odongo John DEO Apac 150. Okwangi Amos Land Officer Lira 151. Ogal Gaudensio CDO Kitgum 152. Sabiiti S SCDO Hoima 153. Kihika James DFO Kibaale 154. Mugoya James Physical Planner Masindi 155. Oloya Hawareh For CAO Gulu 156. Butabwimanya Gaetano Chairman Land Board Masindi 157. Kakooza Kalyango Town Clerk Hoima 158. Wawa Badur DEO Yumbe 159. Otto Owen DFO Moyo 160. Akera Bosco ACAO Nebbi 161. Onedo Charles For DPC Nebbi 79 162. Oguda Semu Chairman Land Board Arua 163. Okwir John Land Officer Hoima 164. Lukumu Fred Member, TCPB Kampala 165. Ajidia Charles District Surveyor Arua 166. Ojera Alex Physical Planner Gulu 167. Kinyera Robert District Chairman Gulu 168. Katesigwa D. M ARDC Masindi 169. Nsamba Aloysious RDC’s Office Masindi 170. Kweezi Rogers Physical Planner Kibaale 171. Tokwinyi George Land Supervisor Gulu 172. Palwak Romeo Land Officer Arau 173. Alenyoo E. W Chairman LC V Nebbi 174. Ojele Clement DPO Lira 175. Abal Patrick ACAO Lira 176. Otim DPC Koboko 177. Olango Faustino District Surveyor Gulu 178. Komakech Charles DCDO Adjumani 179. Anecho Stephen Town Clerk Nebbi 180. Kananura Richard Town Clerk Masindi 181. Kiiza Alfred ACAO Hoima 182. Achobi Francis DPC Apac 183. Anguyo Kasto For District Engineer Moyo 184. Wandera Doreen Environment Officer Masindi 185. Baguma Silver District Chairperson Kabale 186. David Brown MFPFD Kampala 187. Margaret Rugadya Cordinator, AFD Kampala 188. Ayebare Pamela Investment Executive, UIA Kampala 189. Amutojo Juliet Cordinator, UIA Kampala 190. Wanzala Daniel Vice President, UNFFE Masindi 191. Muganza David RDC’s Office Jinja 192. Bagonza Chris Chairperson Nakasongola 193. SSali C.K Retired Civil Servant Wakiso 194. Byaruhanga E.M MD Kampala 195. Barugahare John Consultant Kampala 196. Seggane James Town Clerk Kampala 197. Okulo C.J PIO Kampala 198. Rwanika David Institute of Surveyors Kampala 199. Mwebaze Sandra AC/AN – MAAIF Entebbe 200. Muhumuza Didas Prog Off, Env’tal Alert Kampala 201. Bikwasizeh K.D Member of Parliament Bushenyi 202. Nkayarwa Thomas Commissioner, LI- MOLG Kampala 203. Bahwayo Oluza Physical Planner FortPortal 204. Barabanawe Francis For Town Clerk Mbarara 205. Musakweta Dyshan Senior Policy Analyst Kampala 206. Balyejusa S.C For Town Clerk Jinja 207. Kaggwa Dorothy Senior Program Officer Kampala 208. Mugenyi Albert Physical Planner Jinja 209. Okua Moses CTW Arua 210. Kirunda Nkuutu Mubarak Regional Officer, UMA Jinja 211. Asaaba Wilson CAO Kasese 212. Tubwita Grace Member of Parliament Nakasongola 213. Aryamanya Mugisha ED – NEMA Kampala 214. Kakaire Rose For Chairman Jinja 215. Mugisa Alfred For ED – UMA Kampala 216. Lokira Benedict For LC V Nakapiripirit 217. Palwak Romeo For CAO Arua 218. Muhofa Patrick For CAO Pallisa 219. Namungalo Julius Researcher MISR 220. Okum Joel DPC Gulu 221. Baguma Silver District Chairperson Kabale 222. David Brown MFPFD Kampala 223. Margaret Rugadya Cordinator, AFD Kampala 224. Ayebare Pamela Investment Executive, UIA Kampala 225. Amutojo Juliet Cordinator, UIA Kampala 226. Wanzala Daniel Vice President, UNFFE Masindi 227. Muganza David RDC’s Office Jinja 228. Bagonza Chris Chairperson Nakasongola 229. SSali C.K Retired Civil Servant Wakiso 230. Byaruhanga E.M MD Kampala 231. Barugahare John Consultant Kampala 232. Seggane James Town Clerk Kampala 233. Rwanika David Institute of Surveyors Kampala 80 234. Mwebaze Sandra AC/AN – MAAIF Entebbe 235. Muhumuza Didas Prog Off, Env’tal Alert Kampala 236. Bikwasizeh K.D (Hon) Member of Parliament Bushenyi 237. Nkayarwa Thomas Commissioner, LI- MOLG Kampala 238. Bahwayo Oluza Physical Planner FortPortal 239. Barabanawe Francis Deputy Town Clerk Mbarara 240. Musakweta Dyshan Senior Policy Analyst Kampala 241. Balyejusa S.C For Town Clerk Jinja 242. Kaggwa Dorothy Senior Program Officer Kampala 243. Mugenyi Albert Physical Planner Jinja 244. Okua Moses CTW Arua 245. Kirunda Nkuutu Mubarak Regional Officer, UMA Jinja 246. Asaaba Wilson CAO Kasese 247. Tubwita Grace (Hon) Member of Parliament Nakasongola 248. Aryamanya Mugisha ED – NEMA Kampala 249. Kakaire Rose For Chairman Jinja 250. Galima Steven DFO Busia 251. Eswau C. A C/M Land Board Soroti 252. Eneku G District Surveyor Moroto 253. Aloka Aloysious DCAO Moroto 254. Wanjusi Sebiano DE Mayuge 255. Wakapisi. F DPC Busia 256. Opolot Martin Land Officer Kumi 257. Pade Joseph Physical Planner Soroti 258. Lukwago JSKB DPO Kapchorwa 259. Mayende A Ebwoni DEC Bugiri 260. Opolot Odele Town Clerk Soroti 261. Byakika Yakoub Town Clerk Bugiri 262. Besiga Jackson Sec Land Board Iganga 263. Enyiku Charles Principal Staff Surveyor Mbale 264. Opio Albina Vice Cm Lira 265. Onyango Odoi DLO Tororo 266. Okello Wasike Asst Forest Officer Tororo 267. Eswilu Donath ACAO Soroti 268. Maganda Moses Env’tal Officer Jinja 269. Otukei Phillip DFO Bugiri 270. Zikusooka J. M.T DPC Iganga 271. Alukao Pheobe Ag . CDO Kaberamaido 272. Masai . W CAO Mbale 273. Lorwor Jimmy Town Clerk Moroto MC 274. Bijjumbuko Fred Physical Planner Kamuli 275. Okurut Vincent Asst Town Clerk Kumi 276. Nyango Paul Land Officer Pallisa 277. Baruzalire F DFO Jinja 278. Sempa Bernard Town Planner Iganga 279. Gwaivu Abdullah Ag. Town Clerk Iganga 280. Okono Okiror VC - LC V Tororo 281. Musenero Eva DPO Tororo 282. Okiror Christopher District Engineer Katakwi 283. Chemonges K.C For D.F.O Kapchorwa 284. Mudebo Peter District Surveyor Sironko 285. Edube Njaye For DEO Kamuli 286. Athiyo .A. Rufino Land Officer Nakapiripirit 287. Tebanyang Festo Mayor Nakapiripirit 288. Masanga James DFO Iganga 289. Batwawula David DFO Mbale 290. Mafabi J DCDO Kotido 291. Wasugirya Bob Chairperson Pallisa 292. Mulakha Perez Sec,Technical Services Mbale 293. Naleba. Jamila Deputy Mayor Mbale MC 294. Adeya Vincent ACAO Busia 295. Mugoya Wilson Chairperson Land Board Bugiri 296. Kadiama George District Surveyor Busia 297. Abaliwano A.B Chairman, Land Board Kamuli 298. Mabonga J.J For Town Clerk Mbale MC 299. Waboga Halima For Chairman, LandBoard Mbale 300. Opolot Johnson ACAO Kumi 301. Isiko Rebecca ACAO Mayuge 302. Mujjasi Bernard LC V Chairman Mbale 303. Lokiru Benedict LC V Chairman Nakapiripirit 304. Epaju Pius Town Clerk Pallisa 305. Ebabu John Micheal Physical Planner Katakwi 81 306. Nafuna Christine Physical Planner Tororo 307. Malinga Christine Agricultural Officer Tororo 308. Amal Catherine Town Clerk Tororo 309. Wanje Micheal For CAO Tororo 310. Lubanga Musa Planning Unit Mayuge 311. Muhofa Patrick DPC Pallisa 312. Nabeshya James RDC Iganga 313. Turyatunga F Consultant Kampala