The Power of Mediation
Using a consensus-based approach to resolve land conflicts in Northern Uganda
Two decades of devastation and destruction in northern Uganda, resulting from the war instigated by the Lord’s Resistance Army from 1986–2006, left behind more than just a traumatized society. It also caused a surge in land-related conflicts and evictions. Scores of people, families, and communities found themselves mired in land disputes.
These land conflicts were the unfortunate consequence that came from the displacement of an estimated 1.8 million people. The displacements, some lasting as long as 20 years, weakened the existing customary land ownership practices and deteriorated informal land boundaries.
Land disputes in northern Uganda are mainly caused by relatives tampering with boundaries, land grabbing, trespassing, evictions, cases of duplicate ownership, and even the outright denial of land ownership claims to women like Christine Lalam.
Christine, 58, was one of many widows who became embroiled in a land dispute with relatives. She battled with her brother-in-law over eight acres of land in Omoro District that her husband had left her before he died. Unfortunately, there was no will proving her claim.
When Christine returned home in 2009, following nine years of living in a camp for internally displaced people, she found her brother-in-law had taken over her land.
“I requested my in-laws to allocate me my late husband’s portion of the land, but they refused. I sought shelter from a distant relative as I continued to seek justice from the clan leader,” said Christine, a mother of five.
The Ugandan constitution accords men and women the same rights to property ownership. However, in northern Uganda, where women are the primary land users and provide the bulk of agricultural labor on the land, men dominate most decisions related to land use, management, security, and ownership. The insecurity of women’s rights to land, as practiced by customary law in northern Uganda, leaves women largely dependent on men.
To address these inequalities and restore peace and stability, USAID implemented a Peaceful Coexistence and Resilience Activity, financed through the People-to-People Reconciliation Fund. This activity began in November 2017, and ultimately supported 420 households in their efforts to regain control of their land. The project, implemented by TPO Uganda, sought to empower post-war communities to live in harmony. It also included interventions to improve the mental health and socio-economic wellbeing of residents in the communities served.
Ronald Okumu, Christine’s brother-in-law, said their dispute was initially caused by unclear boundaries after they were away for so long.
“When I returned from the camp in 2007, I began tilling the land and planting crops, not knowing where the boundaries were. When Christine returned, two years later, I could not give up my gardens easily because I had invested a lot of money,” Ronald said.
Clan leaders unsuccessfully attempted to resolve the conflict. The impasse continued until one day, during a village community dialogue on land issues, when Christine’s case was mentioned and referred to the Community Support Structure.
Community structures, as they are commonly known, are land dispute resolution teams composed of respected local leaders. They often include traditional chiefs, clan leaders, religious leaders, and elders trained in mediation skills.
Margaret Aber, a peace advisor with the USAID activity, said the interventions helped to re-establish, where needed, and ultimately strengthen these community structures to more effectively handle conflicts. Community structure members were able to build their skills in negotiation, dialogue, psychosocial support, conflict analysis, and conflict sensitivity.
Augustine Otto is a religious leader and member of the Awach sub-county community structure, which meets weekly to review land cases. “We use Bible verses … to explain issues. It is against religious teachings to extend boundaries beyond your own,” he said, adding that they also use a land mediation manual developed with USAID support to guide their mediation process.
The community structure convened a mediation meeting between Christine and Ronald, amicably resolving the case to their satisfaction. Christine was allocated five acres, while the remaining three acres went to Ronald.
“The community structure was free of charge and took less time to resolve our conflict,” Ronald said. “We were able to reach a consensus quickly, and we are both winners. The court system would have been expensive and lengthy.”
Christine’s land conflict is just one of the 420 cases that were resolved out of 450 cases that were reported to the structures during a period of four years in the Northern Ugandan districts of Gulu, Kitgum, Omoro, and Lira. In each case of successful resolution, parties used the USAID project’s mediation approach. Only 30 cases were left unresolved due to lack of information to verify identities of those making claim to the land, as well as women whose partners died before customarily marrying them.
Before USAID introduced the community structure land mediation model, access to justice was a big issue, said the Omoro District Land Board Chairman, Isaac Newton Ojok.
“In a week we could get over 20 land cases,” he said, “some of them resulting in criminal acts which took a long time to resolve in courts of law. But with community structure mediation, they only see a handful of cases in a week. Some individuals are withdrawing cases from court and bringing them to the structures.”
After her dispute was settled, Christine began cultivating soybeans on her reclaimed land. With the proceeds, she bought two bulls to plow her land to grow more crops. She reconciled with her in-laws in time to care for her mother-in-law until she passed away. She, Ronald, and the rest of the family live in harmony in the same village.
Christine’s story was aired on a radio station in Gulu. Since then, people from other sub-counties seek her advice on their land issues. Christine also supports other women with similar problems through the community structure, where she is now a member. She has helped to successfully mediate 15 land-related cases involving marginalized women in her community.
Christine said she is relieved to have settled the dispute with Ronald: “My heart is peaceful.”
About the Author
Betty Kagoro is a Development Outreach and Communication Specialist at USAID’s Mission in Uganda.
