Customary land acquisition and tenure security in refugee-host communities: an impact assessment

Abstract

Context and background: Countries addressing the global refugee crisis are increasingly shifting from reliance on refugee camps or forced repatriation to promoting local integration. In Uganda, government grants refugees’ free access to customary land which is voluntarily acquired from communities on a ‘no monetary policy’. However, customary land is often characterized by poorly defined and undocumented land rights, creating challenges for both refugees and host communities. These challenges are compounded by inadequate land acquisition processes that undermine the tenure security of host communities and, consequently, affect refugees’ accessibility to land. Goal and Objectives: The article examined the impact of customary land acquisition for refugee on tenure security of land rights holders and refugees. This was done by critically analysing the current rules and procedures implemented in customary land acquisition for refugee settlement in North western Uganda. It also assessed the alignment of the rules and procedures with international standard of voluntary land donation and finally, evaluated how this alignment impacts the tenure security of both host communities and refugees. Methodology: A cross-sectional study design was employed to collect both quantitative and qualitative data from customary land donors, refugees, host community members, and key officials involved in the customary land acquisition process. Descriptive statistical techniques were used to analyse quantitative data, while qualitative data were examined using Gale et al.'s (2013) seven-step Framework Method. A comparative analytical framework was applied to assess the extent to which land acquisition practices aligned with, or deviated from, recognised international Voluntary Land Donation (VLD) standards and their impact on tenure security of host communities and refugees. The results: The study revealed that current procedural rules are routinely bleached, with key protective measures for vulnerable land donors notably absent. The land acquisition process was marked by coercive and exploitative practices by the government toward vulnerable communities. Such as include offering social services in exchange for land, acquiring more than 10% of the total productive land, and leaving communities more impoverished due to land donations. These practices, observed across various stages of customary land acquisition, rendered the land acquisition process non-compliant with internationally recognized Voluntary Land Donation (VLD) standards. This non-compliance jeopardized the land rights of donors and undermined the tenure security of entire host communities. Although refugees’ access rights were comparatively better protected, the resulting insecurity among host communities adversely impacted refugee livelihoods, thereby impeding their self-reliance and prospects for sustainable integration.