Advocating for
pro-poor land laws: Uganda Land Alliance and the land reform process
in Uganda
Emmanuel Nkurunziza, Department of Surveying, Faculty
of Technology, Makerere University
Introduction to the case
Uganda Land Alliance (ULA) is an example of a CSO that has recorded
considerable success in its advocacy for pro-poor land policies,
in no small measure due to its ability to use research both to empower
the poor and to engage policymakers. Aided by research-based arguments
and information, ULA played a successful intermediary role, between
the citizenry and the state elite, to arrive at a land law (Land
Act, 1998) that is not just driven by economic imperatives but also
addresses issues of equity.
Type and extent of policy change
The policy change discussed in this cases study is the enactment
of the Land Act in 1998, which includes considerations that protect
children, women rights and the poor in general.
Some thoughts on the explanation of the policy change
The political context
Over the past 15 years Uganda has been involved in wide ranging
reforms aimed at rebuilding a country whose socio-economic and political
fabric had been shattered by years of political instability and
civil conflict. Being a predominantly agrarian economy, it was argued
that to stimulate economic development, land reforms aimed at making
the existing land tenure regime more efficient were crucial. Consequently,
the government, in conjunction with the World Bank, commissioned
a study of the existing landholding systems and their implications
for agricultural development. The findings provided a basis for
drafting the Tenure and Control of Land Bill of 1990 which, however,
never became law and was overtaken by events, particularly the process
of making a new national constitution.
During the constitutional process, debates over land issues figured
prominently and discussions on land matters were 'extremely fractious,
with several competing interests advanced'. For reasons of political
expediency - there were impending presidential and parliamentary
elections - the provisions for land reform included in the constitution
were general in nature and major changes were deferred. The constitution,
promulgated in 1995, therefore enjoined the next parliament to enact
a new land law. The period between 1995 and 1998 was characterised
by intense debate over a newly drafted land bill, with different
interest groups lobbying parliament and the President. It was during
this period that the Uganda Land Alliance (ULA) was formed as an
interest group advocating for land policies and laws that addressed
the rights of the poor and protected access to land for the vulnerable
and disadvantaged groups/individuals.
The ways ULA tried to effect policy change
To achieve its objectives ULA adopted two simultaneous approaches.
First, efforts were committed to raising public awareness about
land issues and what was proposed in the land bill, focusing particularly
on the primary groups they sought to represent - the rural poor
and women. For this, ULA also lobbied key international agencies,
drawing on the connections and experiences of founder member international
NGOs. The second approach adopted by the Alliance was to engage
policy makers through written presentations (memoranda and research
publications), workshops, live radio debates, open letters to ministers,
press releases, and meetings with members of parliament and other
policy makers.
The nature of research-based evidence
To support its arguments and engage with the government's proposals,
ULA drew significantly on evidence provided by research either conducted
in-house or commissioned. ULA relied heavily on the research capacities
held by its constituent organisations to counter government proposals
based on a World Bank-funded study, which recommended a tenure system
aimed at stimulating the land market as a mechanism for transferring
land from inefficient to efficient farmers. This demanded research
based evidence that challenged the findings and recommendations
of the study - the use of demographic evidence was critical. A series
of publications were produced from the research, many of which had
a striking focus on gender issues.
The mechanisms used by ULA to get the evidence into the policy
process
The main channels through which ULA sought to get its evidence into
the policy process was through policy briefings and memoranda, highlighting
the key research findings and recommendations for policy. The submissions
were mainly made to parliament and government ministers. ULA also
used every opportunity to engage in debate with policy makers in
various forums, such as workshops and radio shows.
This approach was supplemented by lobbying international development
partners who are an influential voice in the country's policy making
process. Most significant, however, is the pressure mounted on policy
makers by ordinary citizens as a result of sensitisation and empowerment
engendered by ULA's workshops and information dissemination.
International factors
Besides coming up against vested endogenous interests, some of the
proposals made by ULA did not have the support of influential international
development partners who argued for market-led neo-liberal policies.
However, the Alliance also managed to garner support of foreign
NGOs such as Oxfam and Action Aid, who were among its initial founders,
and these provided resources and support to the organisation.
Conclusion
Having started as a loose umbrella organisation, primarily constituted
of international NGOs that had a strong interest in pro-poor policies,
ULA has grown into a strong organisation that has made significant
contribution to on-going land reform in Uganda. ULA made use of
research evidence not only to inform and sensitise the public on
the implications of proposed land reforms but also to engage and
convince the political elite involved in making policy. This case
illustrates the importance of packaging research evidence in a manner
that is both comprehensible and appealing to different target audiences;
and civil society capacity to engage in the more sophisticated aspects
of policy when interfacing with policy makers.
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