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Library Case Study - Shortcomings to overlapping land rights and a way forward: the case of Mailo land in Central Uganda

Case Study - Shortcomings to overlapping land rights and a way forward: the case of Mailo land in Central Uganda

Case Study - Shortcomings to overlapping land rights and a way forward: the case of Mailo land in Central Uganda
First Page of case study.

Resource information

Date of publication
June 2018
Resource Language
Pages
5

Uganda has a complex land tenure system. Four tenure systems officially recognized by the 1995 Constitution coexist: freehold, Mailo, leasehold, and customary tenure. While undocumented customary tenure dominates in the country (UNPS 2013/2014 data estimates that 84% of parcels are held customarily), Mailo tenure is predominant in the central and parts of the western regions. Around 10% of Uganda’s land (in surface) is held under Mailo tenure, possibly

more.

The Mailo system is rooted in the 1900 Buganda Agreement, in which the British returned appropriated land to the Buganda Kingdom. The king and his nobles were awarded large blocks of land, occupied by smallholders, known as Mailo land, in reference to the square mile unit in which they were measured (West 1972). In practice, land under Mailo tenure continued to be governed by Buganda law and custom, including being transmitted exclusively to male heirs. The Mailo system introduced private property for customary authorities, but ignored the rights of the occupants (tenants or kibanjas holders) who were actually cultivating the land, as very few chiefs engaged directly in farming. Therefore, the agreement was amended in 1928, introducing busuulu (ground rent) and envujju (tribute) laws,

that aimed to recognize and strengthen the rights of occupants by putting a limit on the rent to be paid and protecting tenants against eviction without compensation.

 

For more resources from Uganda visit: Responsible Land Policy in Uganda | Land Portal.

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Authors and Publishers

Author(s), editor(s), contributor(s)

DANIEL ALI,

MARGUERITE DUPONCHEL

This case study was prepared by a team from the Development Economics Research of the World Bank, in collaboration with the Ugandan Bureau of Statistics. The German Cooperation Agency (GIZ) provided generous financial support.

Geographical focus