Resource information
Mailo is one of the four land tenure systems recognised in Uganda’s 1995 Constitution, located mainly in the central and western regions and covers around 10 % of its land. It is a semi-formalised customary land tenure system that emerged during the colonial period. Large tracts of land were allocated to local chiefs and some prominent individuals, becoming “landlords” whose land rights are associated with a freehold title. The individuals occupying and using the land now owned by the Mailo landlords, became Bibanja holders or tenants holding customary right of occupancy. They have the right to stay on the land and use it for as long as they continue to fulfill their obligations, typically by paying an annual rent (Busuulu), but do not have ownership. The rent payment receipt is legally recognised as evidence of tenancy rights. The annual rent to be paid is set by the district land board and relatively low. After Uganda‘s independence in 1962, the issue of Mailo land became increasingly a source of tension between landlords and tenants, which several land acts tried to address since.
Mailo tenure systems have relatively high dispute rates, which are exacerbated by rising land values, which is a disincentive for investing in the land for both tenants and landlords (Ali and Duponchel, 2018; Deininger and Ali, 2008). To reduce land conflict, increase productivity and raise incomes of Mailo farmers, the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH and the Ministry of Lands, Housing and Urban development (MLHUD) launched in 2017 the Improvement of Land Governance in Uganda (ILGU) project, which is co-funded by the German
Government (BMZ) and the European Union (EU). From 2017 – 2022, ILGU phase I was piloting interventions to strengthen land tenure security and reduce conflicts. These included awareness-raising and legal information campaigns, capacity strengthening for alternative land dispute resolution, promoting peaceful co-existence between tenants and landlords, and fit-for purpose approaches to boundary demarcation followed by on-demand issuance of a Land Inventory Protocol (LIP), which subsequently can be used to apply for a Certificates of Occupancy (CoO) (see Figure 1). During phase I approximately 85.000 LIP were issued in 4 Districts, with 80% of the conflicts resolved.
For more resources from Uganda visit: Responsible Land Policy in Uganda | Land Portal.
