A Land Tenure Arrangement for Refugees on Customary Land.

Abstract

Countries addressing the global refugee crisis are increasingly shifting toward integrating refugees within national systems by granting them access to community land held customarily. Uganda is lauded for its refugee policy that allocates free land to refugees, with the Office of the Prime Minister (OPM) negotiating with landowners to voluntarily settle them. Although this process is intended to be formalized through Memoranda of Understanding (MoUs), implementation frequently falls short, resulting in inadequate representation of the rights, restrictions, and responsibilities (RRR) of all parties and the spatial units involved. These gaps pose tenure security risks for both host communities and refugees. This challenge motivated the central research question: What kind of tenure arrangement can safeguard the rights of customary landholders while ensuring secure access for refugees? The study examined the impact of existing customary land acquisition rules and procedures on tenure security and explored improved practices. It investigated the institutional framework and developed a conceptual model for a tenure arrangement that balances the security needs of both rights holders and refugees. The study followed a single-case design with embedded multiple cases and used mixed methods, including document review, semi-structured questionnaires, key informant interviews, focus group discussions, and expert opinions. It also applied design thinking methodology and Land Administration Domain Model (LADM) specialization to develop the tenure arrangement. Findings revealed that current customary land acquisition practices significantly affect tenure security for both host communities and refugees, with more severe consequences for host communities due to deviations from the standard principles of Voluntary Land Donation (VLD). The study proposed more transparent, locally contextualized procedures that align with international VLD standards to minimize insecurity for both groups. It introduced new institutions mandated by local legal frameworks to manage communal land in collaboration with OPM, ensuring tenure security remains central. A tenure arrangement compliant with LADM that recognizes all social tenure rights for host communities and refugees was also developed. The study concluded that current acquisition practices compromise tenure security and presented a more transparent acquisition and institutional framework, along with a tenure arrangement that acknowledges all rights holders. It recommends strengthened, standardized land acquisition practices, formally recognized agreements by the relevant Ministries and OPM, and prioritizing the operationalization of land tenure arrangement for refugees