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Land Grabbing Epidemic Plagues Uganda: Study Reveals Justice System Failures

A recent study by International Justice Mission (IJM) has exposed the shocking extent of land grabbing in Uganda, with a staggering 91% of widows failing to pursue criminal prosecution against perpetrators. The investigation, which involved 13 focus groups and 118 respondents, reveals a justice system riddled with corruption, inefficiency, and apathy.

Justice System Failures

According to the study, police officers are often reluctant to assist victims unless they receive bribes, while Local Council (LC) leaders are ignorant of the legal system and unwilling to engage in tackling land grabbing. Court clerks, magistrates, and state attorneys are prone to misplacing files, losing them, or causing hearings to be adjourned, compromising the quality of decisions in criminal prosecutions.

Lack of Interest and Appreciation

The study also found that justice system officials lack interest and appreciation for the devastating consequences of land grabbing, leading to a judicial resistance to sentencing convicted perpetrators to prison. As a result, most victims (and agents of the State) have given up pursuing criminal prosecution altogether.

Study Findings

IJM’s research reveals that only 9.1% of widows reported attempting to pursue prosecution against their perpetrators, and in only 3.1% of cases did they report their victimization to the police. The study also found that out of 149 cases reviewed, only 4.7% resulted in a conviction, with sentences ranging from community service to a maximum of 12 months’ jail detention.

Implications

The findings have sparked concern about the failure of Uganda’s justice system to deliver on its promises and create an environment of impunity for land grabbing perpetrators. The study suggests that efforts by non-governmental organizations to address land grabbing through legal rights education and alternative dispute resolution mechanisms are insufficient in the absence of a well-functioning justice system.

Quotes

“We need to recognize that the current approach is not working,” said [Name], a lawyer involved in the study. “We need to introduce harsher punishment for grabbers so that society can fear, and there should be an introduction of harsher sentences when grabbers are convicted.”

Current Responses to Land Grabbing

In response to the crisis, IJM has invested four years in a strategy centered around educating the public about their legal rights and utilizing alternative dispute resolution mechanisms to restore widows and orphans to their land. However, the study’s findings suggest that this approach must be undergirded by a well-functioning justice system to be fully effective.

Legal Rights Education

Legal rights education is necessary to inform the public of the law’s protection against land grabbing, but it is only fully effective if there is a real-world expectation that those rights can be asserted and enforced by the State. In an environment like Uganda’s, where legal rights are explicit but not operational, legal rights education devolves into a discussion of how things ought to be.

Call to Action

The study’s findings serve as a wake-up call for Uganda’s government and civil society to work together to address the land grabbing epidemic and ensure that victims receive justice.