Marginalized but not Discarded: Customary Land Rights in Post-Conflict Acholiland of Northern Uganda
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Date
2015
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East African Journal of Peace and Human Rights
Abstract
Customary land rights are regularly marginalized by the actions of a range of actors: from the state and powerful economic actors to the development community. This trend seeps through to the aftermath of armed conflict in Acholiland. The dynamics of marginalization play out at the level of state policies and programmes, and public discourse, amongst others. In Uganda, the dominant development narratives on the protection of land rights tend to privilege land rights embedded in tenures such as mailo, leasehold and freehold, over customary. This strategic marginalization of customary land rights although detrimental to the customary, has not yet led to complete disappearance of the customary tenure in post-conflict Acholiland. This article, therefore, analyses key features of the dynamics around customary land tenure/rights. First, it analyses the way in which this tenure has been weakened by the dynamics of violent conflict and post-conflict transformations. It then shows that law and policy initiatives have to some extent further marginalized customary tenure, instead of fully revitalizing it after the conflict-induced destabilization of the system. Finally, it discusses the reasons for the continued existence and relevance of the system in contemporary Acholi. It concludes by making a case for the need to protect customary land tenure/rights in post-conflict social formations in Acholi.
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Nakayi, R. (2015). Marginalized but not discarded: customary land rights in post-conflict Acholiland of northern Uganda. East African Journal of Peace and Human Rights, 21(1), 22-50.