Access to justice in forced land eviction, Central Uganda

The use of law amongst other means and access to justice

Ezrah Schraven – Wageningen University

Research Question How do people displaced by unlawful eviction try to deal with their

situation, and why?  

What do they perceive to be the best way to deal with their situation? Is this what they actually try? And if not, why not? What moves people to choose certain strategies and what does this tell us

about their society, about access to justice and about the cultural setting?

Research preparation - Theory- Methodology - Data Analysis - Conclusions

Theory Actor oriented approach - Norman Long

The actor oriented approach allowed me to take in account different angles and different parties within the conflict. It allowed for diverse factors, economical, social, political and cultural to surface in my research.

Access to justice research & literature - Anderson, Bedner & Vel.

Research preparation - Theory – Methodology - Data - Analysis - Conclusions

Methodology

Ethnography

Interviews

Local sources & Makerere

Network, network network

Research preparation - Theory - Methodology - Data - Analysis - Conclusions

People I did not talk to:

Representatives of enforcement like military and police:

Ministry of Lands

People victim to state involved landgrab that had moved out of the area.

Representatives of parties initiating landgrab

Research preparation - Theory - Methodology - Data - Analysis - Conclusions

General people

Land brokers

Local government officials

NGO’s working on landgrabbing

Victims of landgrabbing by the state, the landlord and family

Choice of research respondents

Research Data

Unlawful land eviction

- State

- Landlord

- Family

Research preparation - Theory - Methodology - Data - Analysis - Conclusions

Research Data

Research preparation - Theory - Methodology - Data - Analysis - Conclusions

Mubende case In the Mubende case people had been living on the land in question for

decades. After a sudden and violent eviction people tried to defend themselves

by starting a court case after the expertise, moral and final support was secured by NGO’s.

Despite this aid many of the community had no or little knowledge about court procedures and wrong estimations of the duration of the court proceedings lead to much frustration and desperation of the villagers.

There is talk of compensation, but it has not reached most of the community.

Justice delayed is justice denied: The court process has been manipulated and has been dragging on for over 10 years now.

People still feel the need to be compensated for their losses because of personal needs and because they feel they have been dealt with in an unjust manner.

Research Data

Research preparation - Theory - Methodology - Data - Analysis - Conclusions

Benet case

Traditional ownership, no land titles. People rejected the displacement by returning to their

lands and by protesting. A court case was started on the matter when the people

gained access to expertise, moral and financial support. Positive court decision: court ordered damaged should

be paid in social services, and people should get access to their land again

Court order not honored by the loosing party. Enforcement of this ruling has not taken place (perhaps

since the loosing part has a monopoly on enforcement)

Analysis

Research preparation - Theory - Methodology - Data - Analysis - Conclusions Bedner & Vel 2011. Available online: http://www2.warwick.ac.uk/fac/soc/law/elj/lgd/2010_1/bedner_vel/

Analysis

Research preparation - Theory - Methodology - Data - Analysis - Conclusions

- Problem Land eviction

- Awareness wrongdoing

- Categorizing violation rights

- Defining Grievances which rights

- Exploring available (legal) repertoire where to go (LC court etc.)

- Access to forum of redress

- Handling grievances sound court procedure

- Redress enforcement

Bedner & Vel 2011. Available online: http://www2.warwick.ac.uk/fac/soc/law/elj/lgd/2010_1/bedner_vel/

Analysis

Research preparation - Theory - Methodology - Data - Analysis - Conclusions

Awareness of violation ‘they cant do this’ Sense of injustice (Lynn Hunt)

Awareness of rightsNo specific knowledge on

rights &limited accessAwareness shows in seeking

(landlord/family) In case of the state: to let go

Analysis

Access to justice boils down to:

Safety Power of the opposite party Corruption

Government interest Functioning institutions Corruption (Lack of) knowledge Financial resources (Access to) land titles Confusion tenure systems

usedResearch preparation - Theory - Methodology - Data - Analysis - Conclusions

People seek: Survival and justice

Analysis

Research preparation - Theory - Methodology - Data - Analysis - Conclusions

Functioning institutions Functioning government Functioning legal apparatus Functioning enforcement

Knowledge Sensitizing about formalities Sensitizing about procedures Access to knowledge (location/language)

Financial resources Formalities Travel/access Procedures

Safety

Concluding

Awareness is there: forum shopping

Safety is a key issue

State interest needs to be geared towards population

State interest is connected to knowledge, corruption, financial restrain

Actions depend on socio economic status & safety: No action, witchcraft, mob justice, minor legal action, court

Result: in government conflict: non ..

Research preparation - Theory – Methodology - Data - Analysis - Conclusions