OKOT ALFRED OCHEN 1

COMPARATIVE ANALYSIS OF THE TRADITIONAL ALTERNATIVE DISPUTE RESOLUTION AND FORMAL/ LEGAL DISPUTE RESOLUTION PROCESS IN LAND CLAIMS AND ALLOCATIONS FOR THE INDIGENOUS DISPLACED RETURNESS IN AMURU DISTRICT, NORTHERN UGANDA By Okot Afred Ochen

B.A, Environmental Management, 2001 Makerere University, Kampala, Uganda Environmental Technology. Camosun College, 2006

A thesis submitted in partial fulfilment of the requirements for the degree of

MASTER OF ARTS In CONFLICT ANALYSIS AND MANAGEMENT We accept this thesis as conforming to the required standard. ______John Radford, PhD Academic Supervisor ______Fred Oster, PhD Program Head, Conflict Analysis and Management ______Gregory Cran, PhD Director, School of Peace and Conflict Management

ROYAL ROADS UNIVERSITY July 2009

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OKOT ALFRED OCHEN 2

Acknowledgements

My special thanks to my thesis advisor Dr. John Radford, PhD, who has been the greatest source of direction, encouragement and understanding throughout this work. I am indebted to Dr .John Radford for his invaluable support, tolerance and for having trust and confidence in me. I am also indebted and grateful to Dr. Fred Oster for the care, encouragement and tremendous support he offered me during the course of my studies at Royal Roads University. I am grateful to Laura Beauchamp and Lou Mitchell, who read several drafts, offering insights and ideas. Laura and Lou were always there for me during challenging times and encouraged me to keep moving forward with this rigorous academic project. I appreciate all their humanitarian help and friendship. Special thanks to Brenda, Cristy Mclennan and Mark. I am especially indebted for their guidance and care on issues regarding my school logistics. I would also like to thank the Goods for Cuba, Victoria chapter members for their support and friendship. My thanks to the Internally Displaced people in Nywoya and Kilak Counties for their cooperation during my research studies in Amuru district, Northern Uganda. I would like to thank the local leadership among the Internally Displaced returnees for their cooperation, while this research was in the field seeking for help and guidance on land claims and ownership in the new district. To my family, I am indebted to you for your love, undying support, and incredible words of encouragement and patience with my continual cycle of new endeavors. Without your faith and belief in me, I would not have the strength or capacity to reach such levels of personal achievements. I only hope that you know how completely it is reciprocated The above people contributed immensely by encouraging and asking me questions on how I was faring during the course of this research project OKOT ALFRED OCHEN 3

Dedication

To those who have been the light and hope in my long and thorny endeavours: I dedicate this piece of work to my family and friends who have always been around me during the most challenging moments of my life. To my dear Dad Albert Joe Ocen, who has always been very supportive and a great source of inspiration in all my daily struggles. My dear mom, Magreate Aryemo who the lord called over a decade ago “while you were around you always advocated for justice, fairness and reconciliation’’ And to my comrade Jonathan Chavez Amuka you are a star and a great source of inspiration in my life. OKOT ALFRED OCHEN 4

ABSTRACT

When symbolically or emotionally important land or property is at issue, chances of conflict will increase significantly. Rebuilding institutional structures such as justice system is a difficult task, particularly in societies torn apart by internal war such as Northern Uganda which has been at war for over twenty two years. This research study explores the reality of indigenous displaced returnees from the Amuru District in post armed conflict in Uganda. This research project compares the informal dispute resolution and the legal or formal dispute resolution system in land claim conflict from the experience of the displaced returnees. A number of recommendations for managing this type of conflict are made including the need to establish hybrid alternative dispute resolution mechanisms in addressing natural resource based issues such as land. Also through conducting public education about the significance of embracing alternative dispute resolution mechanisms in addressing incompatible land issues among population in Amuru district Northern Uganda. The most prominent element in this study is that both the Afro centric and Eurocentric justice systems are still being applied in resolving the incompatible land issues among the internally displaced returnees. The Afro centric justice system was more informal; it always endeavored to strike a middle ground while addressing land concerns and issues among the internally displaced people, while the legal justice system has always attempted to address land issues by ensuring that rightful owners prevails in the court system. Hence, this project provided the researcher with an opportunity to compare the experiences of the internally displaced people in seeking land justice in their communities. It also provided us with rich experiences that enabled us to design a sustainable land dispute alternative resolution mechanism in the post-war Northern Uganda. OKOT ALFRED OCHEN 5

Table of Contents

Page title……………………………………………………………………….…………..1 Acknowledgments…………………………………………………………………………3 Dedication…………………………………………………………………………………4 Abstract……………………………………………………………………………………5 Table of Contents………………………………………………………………………….5 Chapter 1: Introduction……………………………………………………………...... 8 1.1 Overview of the conflict……………………………………………………………..11 1.2 The nature of land conflict in Amuru district: ………………………………………12 1.3 Conceptual frameworks of the research…………………….……………………….13 Chapter 2: Literature Review……………………………………………………….....16 2.1The significance of Land in Post Armed Conflict……………………….…………...16 2.2 A theoretical framework for land Claim in Northern Uganda……………………….24 Chapter 3: Methodology……………………………………………………………...... 29 3.1 Research questions………………………………………………………………...... 29 3.2 Research sub questions………………………………………………………………29 3.3 Research hypothesis………………………………………………………………….29 3.4 Sources of information……………………………………………………………….30 3.5 Methodology approach…………………….………………………………………...31 3.6 methodology process …...... 33 3.7 Ethical considerations………………………………………………………………..34 3.8 Data collection...... …...... 35 3.9 Data Analysis…………………………………………………………...……………36 Chapter 4: Research Results overview………………………………………………..37 4.1 Demographic data on Amuru district………………………………………...... 38 4.2 Research Respondents.……………………………………………………………...39 Chapter 5: General Research Findings on land claims and allocations…………….41 Chapter 5.1: Land claim expectations……………………………………………………43 Chapter 5:2 Land justice system…………………………………………………………44 OKOT ALFRED OCHEN 6

Chapter 5: 3 Knowledge of land ownership and land rights……………………………..47 Chapter 5:4 Land claim conflict…………………………………………………………50 Chapter: 5:5 Quotations from the research participants…………………………………55 Chapter 6: Research discussions and Analysis on land ownership and claims……..56 Chapter 6:1 Land claim expectations…………………………………………………….56 Chapter 6:2 Land justice system…………………………………………………………70 Chapter 6:3 Knowledge of land ownership and land rights……………………………...72 Chapter 6:4 Land claim conflict…………………………………………………………79 Chapter 7: Conclusion…………………………………………………………………98 Chapter7:1Recommendations……………………………………………………...…...100 References………………………………………………………………………………102 APPENDICES: Appendix A Distribution of local council courts in Northern Uganda ….….……………………………………………………………………………………108 Appendix 1 B Letter of Invitation…………………………………………………..…………….....109 Appendix C Letter of Informed consent...……………………………………………...111 Appendix D Research Questions……………………………………………………….113 Appendix E Translated version of Research Question…….…………………………...115 OKOT ALFRED OCHEN 7

CHAPTER 1: INTRODUCTION

In an address former United Nations Secretary-General Kofi Annan (1998) noted that “… since 1970 Africa has had more than 30 wars fought on its territory, the vast majority of which have been intra-state in origin. Fourteen of Africa’s fifty three countries were afflicted by armed conflicts in 1996 alone. The consequences of these conflicts have seriously undermined Africa’s efforts to ensure long-term stability, prosperity and peace for its people.” Even though the above words were stated a few years ago, little has occurred which detracts from the image of the African continent as being prone to crisis. There are various conflicts across the continent. Most notably there is ongoing genocide in the Darfur and Eastern Congo at the moment. These ongoing crises indicate that there is an urgent need for researchers to understand the root causes of the conflict in order to comprehend when and how to intervene to achieve a successful resolution. Therefore, this research study will aim to explore resolving land-based conflict using both the traditional alternative dispute resolution and the formal/legal conflict resolution process in Northern Uganda. Northern Uganda has just emerged from over twenty two years of brutal armed conflict. The internally displaced returnees in Amuru district are facing a number of land- related contradictions associated with land claims and ownership. According to New Vision report, Resident District Commissioner for Amuru district claimed that” land wrangles in Acholi only exist in Amuru and not in Gulu, Pader or Kitgum (11 May 2009 The challenges involving land claims and ownership in the post-conflict resettlement and reconstruction are often not detected or acknowledged in advance, and even when they are recognized, it is often politically or practically unfeasible to effectively address those issues in the immediate post armed conflict period. Rupesinghe (1994) explains in Conflict Transformation that a common occurrence in most post armed conflict societies is that land disputes surface when other individuals or families are found occupying the land and properties of a returning population. In such cases, the Internally Displaced Returnees may be forced to occupy OKOT ALFRED OCHEN 8 alternative lands that are not actually theirs, which can often result in more conflicts and related secondary complications. As more Internally Displaced Returnees and Refugees return to their ancestral land, a range of other community-based disputes will rise to the peak as the guns are silent in the aftermath of a protracted armed conflict. The land ownership concerns were raised by Prof. Nyeko Pen Mogi that ‘’if the land issues were not handled urgently, they would continue to cause instability in the Acholi region. This is because the problem is moving from family to clan level and can eventually become a regional one.” (New Vision, 2 May 2009).The land issues are becoming more fragile and delicate as the formerly displaced persons are striving to return to their ancestral homes after one of the longest protracted armed conflicts in Africa. As a result of breakdown in the social fabric, there are inadequate facilities to address the plight of the Internally Displaced Returnees/refugees in Amuru district. As a result there are increasing squabble and acrimonious occurrences among individuals and various clans in Amuru district and other parts of Northern Uganda. Rothschild (1990) argues that post-conflict settings often see dramatic shifts in political power, attempts to settle “old scores” and/or the establishment of new land bylaws; any of these can precipitate land disputes.Wassara (2000) pointed out that no formula exists that specifies how land disputes are best settled among antagonistic interest groups, it requires a careful a balance of political sensitivity and substantive land expertise. Issues generally arise regarding land law and policy; governance and the management of natural resources such as local power relations; land administration, including property registration, land titling, and cadastre (p. 6).

Okello Lucima (2008) suggests that the land issue in Acholi, Northern Uganda is a function of journalistic reporting and conventional ethnic or regional factors. This limited perspective precludes any serious analysis and conceptual understanding of issues beyond their obvious manifestations. Lacking in theoretical depth, whether of the contending theories of social change and historical development, and taking as an article of faith the class neutrality of the state, it simply amplifies dogmatic state assertions, which portray the dispute as a struggle between the forces of change or modernization against those of reaction of primordial irrationalities. OKOT ALFRED OCHEN 9

According to the various New Vision reports on the land issues, the general assumption is that Amuru is an underexploited or developed “social formation, under siege by the forces of traditionalism that use tribal ideologies to resist modernization, so that the market and capitalist formations are necessary as agencies for socioeconomic transformation.”(See Acholi MPs boycott land meet, The New Vision, 4 December 2006; Acholi leaders, Govt., fight over land in the sub-region, Sunday Monitor, 6-12, December 2006; Acholi MPs are misleading people, The New Vision, 23 November 2006; and Politicking won't help Acholi, New Vision 21 November 2000.) Conflict between individuals and groups become deeply embedded over time as natural resources such as land become scarce. As a result, conflict over land often combines strong economic and emotional values (OECD, 2004). When symbolically or emotionally important land or property is at issue, chances of conflict and violence increase significantly. It should also be kept in mind that competition over access to land is often, at its core, about power, both socioeconomic and political. Weak legal, institutional and traditional/customary protections also feed heavily into the gender dimension of the land-and-conflict picture. Conflict over land, particularly involving land access and rights, disproportionately and negatively impacts women. In conflict and post-conflict situations many men have either been killed or gone missing, causing a sharp rise in the number of women-headed households. Women who do not have formal rights to land and property are left without the means to create stable and sustainable livelihoods. This situation contributes to poverty and perpetuates a cycle of social and political inequality that provides fodder for future conflict (UNIFEM, 1998), although this analysis does not explicitly address the deeper relationship between gender and conflict.

The relationship between land and conflict is extraordinarily complex. When it comes to land issues, economics and politics frequently mingle with other influences like law, public administration and culture. Therefore, as in other conflict dynamics, land is tied to a complex network of issues ranging from power relationships to economics and from symbolic attachments to systemic inequities. Addressing land issues effectively demands a broad, integrated and inter-disciplinary approach (USAID Report, 2004). OKOT ALFRED OCHEN 10

This study is an attempt to offer a step towards the USAID approach by examining the situation of the indigenous displaced people in Amuru district in Northern Uganda.

1.1 OVERVIEW OF THE NORTHERN UGANDA ARMED CONFLICT

At the height of displacement in northern Uganda, there were over 2 million internally displaced Persons (IDPs). For over twenty one years, northern Uganda was the scene of wars and insecurity, as a result of armed conflict between the Lord’s Resistance Army (LRA) and Uganda Government. The Acholi sub region was the most affected part of Northern Uganda, the districts in Acholi land comprised of Kitgum, Gulu, Pader and Amuru districts. The forceful enforcement by the Uganda government led to massive displacement into camps or in other locations. Since the Government of Uganda and the rebels of the Lord’s Resistance Army /Movement (LRA/M) had peace negotiations in Juba, Southern Sudan, to bring in a peaceful end to the twenty two year conflict, there has been improvement in the security situation. The challenges facing the Internally displaced people are resettlement challenges such as land claims, peace and reconciliation issues, which is becoming more sensitive and complex to address in the aftermath of the over two-decade armed conflict. As evident from the above, there are several forces getting involved in the land issues in Northern Uganda. The war has semi-officially ended, and there has been a lot of economic and social development in the last two years since the Juba Peace talks. According to the Refugee Law Project Report, Peace progress prompted government to announce the return and hurried resettlement of the IDPs, within the framework of the Peace, Recovery and Development Plan (PRDP) for Northern Uganda. Evidence shows that existing frameworks and laws do not adequately cater for land issues pertaining to the return of IDPs. Given the centrality of land to livelihoods and poverty reduction, studies have shown that since 1997, the poverty gap between war- affected areas (northern Uganda) and the rest of the country has been widening. It is now clear that land has become a contentious subject in post-conflict northern Uganda. If the land issues are not addressed orderly, the land claim issues might even become more OKOT ALFRED OCHEN 11 retrogressive than the twenty two violent armed conflicts (Makerere Faculty of Law, December 2008). According to Huggins, Nyukuri and Wakhungu Land claims are often based on contested, and semi-mythical, histories of origin and migration. “Conflicts over land are fraught with competing interpretations of history, which both reflect and enrich Africans’ ongoing struggles to engage productively with the past and the future.” In addition to acknowledging the importance of history, it is crucial to recognize the constant (re)interpretation of these histories and be aware of the problems related to the construction of a neat, all-encompassing ‘meta-narrative’ (p. 10).

1.2: The nature of Land Conflict in Amuru district, Northern Uganda.

The land claims, ownership and allocations in post-war Northern Uganda are taking place at the time when the indigenous displaced people known as returnees are struggling to return to their ancestral homes. The associated land claims and allocation among the indigenous returnees and other stakeholders in the region are being resolved by utilizing the traditional Alternative Dispute Resolution System, rather than the formal judicial system through the law courts. There are some stakeholders such as local economic investors, Non-Governmental Organisations, government and security officers who envision/perceive the impact of the traditional alternative dispute resolution process as a threat to their invested land interests in the post armed conflict Northern Uganda.

1.3: Conceptual Framework for the research

It is clear that unresolved conflict remains a permanent and constant factor in describing and explaining land claims and ownership issues in post armed conflict situations such as Northern Uganda. Political instability and insecurity have been the most constant variables in undermining the social and the economic events in the Acholi sub-region. We have numerous models and theories that have been developed to explain the series of land claims, owner and allocation. The absence of the main theory means that we have various competitors, with each other presenting its own perspective on the OKOT ALFRED OCHEN 12

22-year armed conflict. It is clear that it is the system of allocation and ownership that generates discomfort among the various sub-systems.

All human beings struggle to meet the basic needs such as land, water, food, clothing, power, and if their rights are suffocated they tend to become aggressive in nature. According to Lorenz as cited in Land Management in East Africa, aggression is an instinct like any other natural condition that helps the existence of people in any community.

According to John Burton, human needs theory (HNT) was developed in the 1970’s and 1980’s as a generic or holistic theory of human behaviour. It is based on the hypothesis that humans have basic needs that have to be met in order to maintain stable societies. As John Burton describes:

“We believe that the human participants in conflict situations are compulsively struggling in their respective institutional environments at all social levels to satisfy primordial and universal needs - needs such as security, identity, recognition and development. They strive increasingly to gain the control of their environment that is necessary to ensure the satisfaction of these needs. This struggle cannot be curbed; it is primordial’’ [Burton p.45].

This struggle for primordial needs is theoretically related to the Frustration- Aggression theory which is based on the stimulus-response hypothesis. The frustration of not satisfying these needs leads to aggression and subsequently conflict. What distinguishes Human Needs theory from the Frustration-Aggression theory is that the former is concerned only with absolute requirements (needs) while the latter is also concerned with wants and desires. Burton further states:

“Unless identity needs are met in multi-ethnic societies, unless in every social system there is distributive justice, a sense of control and prospects for the pursuit of all other human societal developmental needs, instability and conflict are inevitable.” [Burton, p.46] OKOT ALFRED OCHEN 13

There are bold assumptions in this theory. "This struggle cannot be curbed . . . instability and conflict are inevitable." If the hypotheses of this theory are correct, if there are certain human needs that are required for human development and social stability, then the solution to conflict must be the ability to create an environment in which these needs can be met by all segments of societies. This is where Human Needs theory meets Burrton’s Conflict Resolution Theory (CRT). The enemy system theory reduces the human need to dichotomies where we create enemies and allies. Both the enemy system and social identity theories stress the importance of self-esteem and positive identity particularly with regard to relations between in-groups (allies) and out-groups (enemies). Human needs theory hypothesizes that there are certain irreducible human needs which must be met in order that societies can function without maladaptive conflict. According to Burton, conflict resolution theory recognizes these needs and suggests ways to accommodate them analytically and non-coercively. Track two diplomacy offers a process that can be used to achieve the results envisaged by Conflict Resolution theory.

Conflict frameworks can help us in identifying and conceptualizing issues. Consequently, a comparative study of traditional alternative resolution and formal conflict resolution processes in Amuru district, Northern Uganda, will be of minor importance unless it’s contextualized within a broader theoretical framework which will assist in establishing the merits and demerits of judicial and informal conflict intervention efforts. It is hoped that this study will be of some value in the search for sustainable solutions to these conflict land interests.

In the multi-dimensional nature of protracted social conflicts plaguing much of Africa, Rupesinghe (p.65) emphasizes the need for an “understanding of non-linear peace- building processes. Because of the complexity of many existing and emerging conflicts, a multi-sectoral approach to conflict transformation is needed.…”

This multi-sectoral approach is a far more holistic approach to conflict transformation and, as such, allows it to be far more flexible in application than most conventional models which tend to be rigid resulting in a gap between theory and reality. This gap OKOT ALFRED OCHEN 14 between concepts and actions adversely affects the quality of research findings. “We can speak of conflict processes – conflict transformation, conflict endurance and stagnation, and conflict transformation and renewal …. However, as with human existence, conflict development is also solely linear and does not lend itself to neat compartmentalization; it is rather a multi-dimensional, multi-faceted process” [Rupesinghe, p.78]. According to Rupesinghe’s multi-sectoral approach, all constituencies of society have a stake in peace and the conflict resolution process needs to be `owned’ by them if it is to succeed. Secondly, it is these constituencies which would be playing a key role in post- conflict reconstruction. This is an important point if one considers Rupesinghe’s contention that the peaceful transfer of power is not meaningful transformation. Meaningful transformation also includes sustainable structural and attitudinal changes within broader society and the emergence of new institutions to address outstanding issues (Rupesinghe, p.77). Thirdly, the involvement of non-state actors is also vital in situations of intra-state conflicts where the state cannot play the role of non-partisan broker because the state may often be a party to the conflict. Therefore, in summary, the conflict transformation model of Rupesinghe argues that “coming to an agreement on outstanding issues is of secondary importance to addressing the overall conflict process and coming to terms with the temporal aspects of conflict.” [p.76].The conflict transformation model of Rupesinghe is clearly evident in the process of applying both the formal and informal conflict resolution mechanisms in the search for permanent solution in the current volatile human environment in the newly created district of Amuru, in Northern Uganda. OKOT ALFRED OCHEN 15

CHAPTER. 2 Literature Review

2.1 The significance of land in the post armed conflict

According to Wassara (2005) post armed conflict and safety in unit, housing, land and property rights are sources of conflict because of the effects of displacements and return of populations, perceptions of victors and victims. Land dispute has intensified because of people’s desire to accumulate wealth through accumulating plenty of chunks of land. Conflict can result from various factors: differing expectations, competing goals, conflicting interests, confusing communications, or unsatisfactory inter-personal relations. The link between land and conflict cannot be ignored although peace-making often fails to grasp the centrality of conflict over land in civil war, or at least to ensure that routes to remedy are explicitly laid down in peace agreements. This visibility hampers both post-conflict resolution and reconciliation, which is currently the case in Northern Uganda. During the course of the war the local population had no idea about the post-conflict issues such as land and property rights. But with the return of the internally displaced people, the government authorities and other stakeholders are now experiencing some of the challenges that are associated with reconstruction and resettlement of indigenous displaced people. Aywa and Oloo (2001), as cited in Indigenous Democracy; Traditional Conflict Resolution discusses the role of traditional societies in conflict management including the prominent place of traditions, customs and norms. They note that African societies had customs and beliefs that had to be adhered to by all members. Disregard of some of these beliefs and norms was believed to attract the wrath of the gods in addition to ridicule and reprimand from members of the society. This helped to ensure that persons shunned conflict-causing conduct. (Ruto, Adan, Masinde, 2004) Michael Mubangizi (2009) notes that ‘’land contestations are intensified by the sad reality that most of the elders who would have assisted in identification of these boundaries and in arbitration of disputes had died.” Land in Acholi is communally owned, and elders are influential in settling disputes. Many of these have died during the OKOT ALFRED OCHEN 16 insurgency that had raged for more than 20 years. “As people return to their villages, they are confronted with the realization that over a period of 20 years, clan leaders, heads of households and the elderly who would have knowledge of the previous set-ups in the villages are no more.” Predictably, the report says that land squabbles are common among the “youth who are not aware of the boundaries of the land that belonged to their deceased parents.” Ironically, the report says, some people – including money-hungry youths – connive with local council officials to sell family land. And once other family members find out that their land has been sold, conflict starts.’’. Traditional Alternative dispute resolution processes/approaches are being embraced because of the intricate nature of the ongoing protracted land conflict in Northern Uganda. The land local justice system or regulations have largely been based on mediation and negotiated settlements. These approaches seem to be working at the moment because the conflicting parties are willing to resolve their differences through interest-based negotiations. This clearly demonstrates that the internally displaced people and other stakeholders in the conflict have something in common, if they are able to engage in constructive negotiation and work out a sustainable remedy on land claims and allocations. However, the recognition of primordial needs complicates the possibility of negotiation (Burton, p. 46). According to Ervin Laszio (1998) “In system thinking if you want to know what is truly fundamental about a human being, you define him/her as a natural phenomenon of organized complexity-a natural system. We are natural systems first, living things second, human beings third, members of a society and culture fourth, and particular individuals fifth and can make our own classification along such lines” (p 20-21). Through Da Vinci’s multiple perspectives as cited in cracking creativity (Michalko, 2001), the various parties have been exploring the idea of building a general consensus that conflicts should be envisioned from a more vista point of perspective; visualizing the conflict from the helicopter perspective will help us to comprehend and examine some of the contradictions that exist among the various interest groups in Amuru district. This collective view is reinforced by Michalko - “when you look at a problem using a multiplicity of perspectives instead of one OKOT ALFRED OCHEN 17 stabilized view, you bring forth a new creative consciousness and an expansion of the possibilities” (p. 43). Divergent interests sometimes promote and foster alliances among various interest groups. For instance, there are various stakeholders in Northern Uganda that have been forming united fronts to seek for redress, while other groups are interested in maintaining the status quo (New Vision, 2007). According to Simmel (1964), conflict is designed to resolve divergent dualisms; it is a way of achieving some kind of unity, even if it be through the annihilation of one of the confronting parties. The principles of conflict and unification, which hold the contrasts together in one whole, are manifested in various forms. The land claims and allocations, whereby various families, clans and other interest groups are striving to project their own goals and objectives in the ongoing land conflict. The various stakeholders recognize some of the implications of the formal justice system involved in the process of establishing the rule (p. 14-36). Collective identity conflicts such as struggle for natural resources are usually transient and hard to resolve. According to Rathman (1997) they are always deeply rooted in the underlying community needs such as desire to have access to free public education. “The struggle to access public natural resources such as water and land becomes a contentious ground for self social identities. Access to land is essential to both displaced returnees and refugees because it enables their survival and livelihood.’’ The land contradictions in Amuru are clear demonstration of people’s greed, fear and frustration in the resettlement and reconstruction process. The local people are united in their need for control of their ancestral land, recognition and security of their future settlements in the post armed conflict district of Amuru (P.7). Rothman (1992) describes reflexivity as a very powerful tool in challenging negative attributions and transforming the context of how a conflict is envisioned. The purpose of exchanging information in a post armed conflict setting is mainly about essential issues between disputants; this helps in laying a foundation that fosters communication among the various stakeholders in the conflict. Through a reflexive dialogue, parties may begin to see that just as they themselves have acted in part due to situational determinants, ‘’We felt threatened, therefore we engaged in pre-emptive strikes,’’ so too the other side has acted upon such motives our attack they felt threatened OKOT ALFRED OCHEN 18 and they retaliated in hopes of preventing further toward conflict de-escalation and forging resonance (p. 46). Ross (1999) outlined six different theories of practice in ethnic conflict resolution: community relations, principled negotiations, intercultural miscommunication, human needs and conflict transformation, and psychoanalytically informed identity theory. Each of these makes different assumptions about what causes ethnic conflicts and what should be done to settle them (p. 6). Exploring the land conflict motivations in Amuru is particularly useful in stimulating constructive and reflexive conflict engagement. These will help the various stakeholders in the land wrangles to begin to turn inward and look at their own concerns, moving away from unhelpful and accusations. Rothman (1997) suggests that by asking questions about identity issues and whether they are salient, parties are likely to raise them, even if previously they had not framed their conflict in this way (P. 148). Bremner and Visser (1992) explored in Principled Negotiation, a variation of win- win integrative bargaining theory, which falls into the category of the traditional conflict management. The principled negotiation will be tested for its value when the cultural institutions such as the council of elders begin or succeed in resolving the ongoing land wrangles in Amuru district. Human Needs theory is often used as a foundation for deriving a conflict-handling approach, leads to the analytical problem solving or the conflict resolution method (p.20). According to Estree and Babbitt (1998) they argue that intercommunity events are often initiated by women, probably because of women’s focus on building relationships and their exclusion from major decision-making bodies on issues that relate to power and resources, although the women and the youth have been greatly marginalized from actively participating or making decisions on issues such as land in the ongoing land claims and allocations in Amuru district. Even in other bitter ethnic conflicts, intra-communal divisions are in many ways as significant as those between the communities for three reasons. First, they make it difficult, if not impossible, for each community to present its concerns to the other in a single voice. It has created a situation in Acholi sub-region whenever the more conciliatory forces in the community raise the possibility of making concessions; the OKOT ALFRED OCHEN 19 more extremist groups denounce them as traitors, undermining their efforts. The perceived need on the part of moderates to make sure they have broad support before approaching the other side has made many in the other community denounced them as wolves in the sheep’s clothing. Rothman’s workshop three-phased model (1990, 1992) is rooted in the proposition that before parties can successfully initiate formal problem-solving efforts or negotiations; they need to address the bitter, sometimes unstated issues underlying the conflict. Framing the first phase is the process by which disputants develop shared definitions about a conflict and build a will-to-negotiate. At this stage it’s important to provide parties with the conceptual tools to distinguish between positions, interests and needs. Inventing cooperative strategies for solving central aspects of the conflict in terms of the common frame the parties have presented. This framework can help in enticing the claimants and other stakeholders to come out and share their grievances and collectively decide on how the traditional institutions and legal apparatus should be applied in trying to resolve the land claims and allocations. Structuring/laying the justice process that exposes the internally displaced returnees and other stakeholders to the rationale of the pre-negotiation process, which may interactively and functionally determine the justice approach and the outcome for the land negotiations and the various stakeholders will explore how they might apply insights gained during framing and inventing to pave the way for successful negotiations (P.65). Rothman (1997) has devised the ARIA framework to work through identity and resource-based incompatible interest issues in dispute. The ARIA model commences with reframing or identifying the source of conflict between the various stakeholders, building towards resonance, sharing of identity needs among all stakeholders, collective efforts to attain integrative approach in resolving the conflict (Rothman, p. 19). According to Seymour (2002) local resources are often at the root of violence, and post-war competition over their control may easily re-ignite conflict. However, when the distribution of local resources is in the hands of outsiders, local communities can search for and may find renewed trust and confidence in each other. The Monitor newspaper in August (2008) reported that the struggle to control local natural resources such as land OKOT ALFRED OCHEN 20 and oil fields in Amuru district has encouraged external actors such as government/international oil-drilling companies to generate and centrally allocate/use the natural resources such as oil in Amuru district to maximize their own economic interest/security and peace-building efforts so that they can effectively exploit the resources such as land. Newman, Schnabel (2002) acknowledges that rebuilding institutional structures such as justice system is a difficult task, particularly in societies torn apart by internal war such as Northern Uganda which has been at war for over twenty two years. Reconciliation and confidence building are important ingredients in creating functioning institutions that represent society at large. The Acholi people who have been engulfed in the war can only feel part and parcel of reconstruction and resettlement process when they’re offered the opportunities to participate in the pre-decision making process. These would make them feel part of the traditional/formal justice systems in Amuru district. Indigenous conflict management and resolution aim to resolve conflicts locally, replacing legal dispute resolution and thereby reducing reliance on external structures (Endalew, 2006). It could be argued that traditional conflict resolution/mediation helps the local community in Northern Uganda keep control over the outcome of the dispute. Customary tenure is the most dominant land-holding system in Northern Uganda. Customary law is used for dispute resolution and management among the local population. Traditional authorities are invested in native administration consisting of diverse hierarchies of tribal chiefs, elders, local councils and opinion leaders in communities. Land rights delivery based largely on memory and folklore are no less authoritative versus that based on written laws which serves the land sector better. The involvement of the wider local community leaders in Northern Uganda has helped to de- escalate the land conflict climate in Amuru over land (Kasaija, 1997). Disputes over natural resources in Amuru district include oil discovery, ownership and use of arable and grazing land for animals. There are no proper records to back up some of land claims and boundaries in most of the post-armed conflict zones in Northern Uganda. The lack of proper records in the land district board has forced the various stakeholders to reconsider what form of justice system should be applied in trying to resolve the contentious land issues in Amuru district, Northern Uganda. Boulden argues OKOT ALFRED OCHEN 21 that when the contribution of conflict prevention finds much of its support from post- conflict stage, this must not distract from the priority of pre-conflict preventive action (2003). The pre-conflict and post-conflict stage should simultaneously address issues relating to customary and modern law issues in Northern Uganda. It has been realized that the two variant systems of justice overlap and interlock each other most of the time. However, some of these overlaps should not obstruct the customary and modern laws from resolving pertinent land issues in Amuru district. Chimni (2002) suggests that the end of a conflict is always associated with the return to normality, peace and stability. The return of displaced persons always provides some face value for greater legitimacy to the subsequent democratic and state building process (p.162). Access to land is essential for both refugees and displaced people in Amuru district, because it will enable their survival and livelihoods. Presently, land wrangles are on the increase as the people are trying to return to reclaim their ancestral lands that were left behind as a result of the twenty three year armed conflict in Northern Uganda. The customary system of land holding in the face of modern freehold and state tenures faces stiff competition rather than cooperation (as history has identified). In post- conflict Northern Uganda there are issues that need to be disentangled. Addison (2003) embraces the fact that successful resettlement of internally displaced returnees and other stakeholders such as the current one in Northern Uganda is very significant in laying permanent foundation for peace and stability in that region. The livelihood security is also cardinal in achieving post-conflict development (p.5). That is why the rule of law and traditional alternative dispute resolution is been nurtured and promoted in trying to search for justice and reconciliation in the post armed conflict Northern Uganda. Kasaija (1997) suggests that the core issues in relation to conflict and land are security of tenure, access to land and equitable distribution of land. These core issues are not objectively given, universal or independent from one another. They are socially constructed and framed; their meaning changes according to the social, geographic and historical context, and they are interrelated. The acridity of these issues and their very existence implies that they should be socially recognized and framed as realities and issues in a given social context such as Government’s plans and intents, Customary (Traditional) and Statutory (modern law),Tenure and Land use. OKOT ALFRED OCHEN 22

According to Kasaija, "Rather than a simple set of techniques or procedures, alternative conflict management can be seen as a more holistic and process-oriented approach to addressing conflict and underlying conditions which give rise to them. What this approach sets out to do is complement initiatives to seek to change human behaviors with those which address broader institutional power relations in societies’’ (1997) This reiterates the need to know more about the government’s plans for the land in Northern Uganda, given the amount of rumours circulating and the need to have political clarity on development in Northern Uganda. Secondly the Customary (Traditional) and Statutory (Modern) Law Currently, Ugandan law presents a complex web of interlocking and overlapping system of rights drawing their legitimacy from both indigenous customary law and statutory law. The study has to determine whether it is a question of choice over which should have supremacy over the other. Or how do you make the two legal regimes work together or complement each other (integration) The Constitution of Uganda legalizes customary tenure but also avails avenues for its demise by providing for conversion to freehold. Finally, the Tenure and Land Use systems are essential for both refugees and displaced individuals because it enables their survival and livelihoods. Future land conflicts can occur on their return when defining and allocating land rights as well as the use of land as a resource. The customary system of land holding in the face of modern freehold and state tenures faces stiff competition rather than cooperation (as history has identified). In post-conflict Northern Uganda the following needs to be disentangled: Is customary tenure and its varied presentation across localities and cultures understood both in conflict and post conflict situations; explore the systems and procedures instituted for innovatively understanding customary tenure (Kaisja, 1997). Through Da Vinci’s multiple perspectives as cited in cracking creativity (Michalko), the various parties have been exploring the idea of building a general consensus that conflicts should be envisioned from a more vista point of perspective; visualizing the conflict from the helicopter perspective will help us to comprehend and examine some of the contradictions that exist among the various interest groups in Amuru district. This collective view is reinforced by Michalko - “when you look at a problem using a multiplicity of perspectives instead of one stabilized view, you OKOT ALFRED OCHEN 23 bring forth a new creative consciousness and an expansion of the possibilities” (2001, p. 43). The aforementioned literary and theoretical review forms the basis for the research, data collection, and the theory application from the research study on land ownership, claims and allocation in post armed conflict Northern Uganda.

2.2. A theoretical framework for Land Claim Conflict in Northern Uganda

Allan C.Tidwell (1998) in Conflict Resolved: A critical Assessment of conflict Resolution conducts an examination of relevant theories for examining conflict. Morton Deutsch (1991) espouses that conflict is of subjective nature, whereby, if somebody believes a conflict exists, then there is a conflict. Deutsch points out that when taking in account the rise of incompatible issues, three factors are influential ‘’contact and visibility of differences, perceived incompatibility, and perceived utility of conflict” (p. 68). It is interesting to think of these three motivating influences when reflecting on the land issues in the post-conflict Northern Uganda. History plays a cardinal role in the resolution of conflict. Most dispute resolution mechanisms include, as one of the first steps, a need for the parties to first appreciate the magnitude of the issue. This is a clear manifestation that no one can claim to resolve a conflict without acknowledging the genesis and history of the dispute. The understanding of the genesis of a dispute provides the third party with sufficient information, which can be utilized for several purposes. First, it offers an opportunity to envision both sides of the dispute; history shows how the antagonistic parties view the conflict. Thirdly, it will underscore the level of commitment that the parties have to the resolution or management of conflict. Without attention to history, any conflict resolution process is bound to fail (Tidwell, 1998, p.124). Checkland states that Soft System Methodology as a whole recognizes the cardinal role of history in human relations and affairs. For a given group of people, it is their history that determines what will be seen as significant and how this will be judged (2000, p. 21). As researchers or practitioners, we may use our own understanding and OKOT ALFRED OCHEN 24 perceptions of the situation, issues and problems in a way that may not accurately reflect a “helicopter viewpoint”. Deutsch believe that when a conflict exists between parties it can be resolved effectively through skill development -- in particular, correction of perception -- which is the centre of all conflict’’ (Deutsch, as cited in Tidwell, 1998, p.68-9).Tidwell explains” Thee skills that parties need to overcome conflict and which encourage the likelihood of resolution are those that enhance accurate perceptions and stimulate communication between parties’’ (p. 69). The traditional alternative dispute resolution and formal/legal court system will be examined in addressing incompatible land claims and ownership issues in Amuru district. Tidwell defines communication as “the exchange of meaning…..a continuous process of simultaneous and seamless inputs and outputs…most important of which is symbolization’’ (Tidwell, 1998, p.98). This reinforces what the traditional or informal institutions/leaders are doing in Northern Uganda, where they have been explaining the importance of open appeal, forgiveness and reconciliation to the local population in Amuru district. The reconciliation process is only being achieved by open communication and interaction from the various stakeholders in Northern Uganda. Folger, Poole and Stutman (2005) cited Inter personal peace making, Walton (1967) which helped in explaining the powerful model of conflict behaviour that reflects insights on conflict management were reinforced and presented by various respected authors such as Deutsch 1973, Fisher and Ury 1981, Pruitt and Carnevale 1993, Thomas 1975. This model envisions disputes from a vista perspective: In differentiation, parties raise the conflict issues and spend sufficient time and energy clarifying positions, pursuing the reasons behind those positions, and acknowledging the severity of their differences. This effective conflict management model stipulates that at this stage of any conflict, the various stakeholders commence to seek for unity, reconciliation and a sustainable solution in an attempt to address the concerns creating tensions and disharmony among the population (p. 16). Actual literature on the clash between the traditional alternative dispute resolution and formal/legal justice system is about adaptation of a system that is more realistic and OKOT ALFRED OCHEN 25 in conformity with the cultures and traditions of the Acholi people in Northern Uganda. It can be envisioned as conflict of identity/cultures. According to Tidwell (1998) intercultural or inter-ethnic conflicts abound as they often trigger violence and warfare (p. 142). Burton (1990) argues that no need is superior to another and all needs are essential and sought simultaneously. Burton’s Human Needs Theory sees needs as an emergent collection of human development essentials. For Burton, the essential needs for human beings are security, justice, belonging, integrity, identity, cultural security, freedom, and participation. The essential needs as physical nurturance, interdependence, autonomy, celebration, right to associate, and communication. Burton further argues that needs are essential and must be met for human survival and well-being. Needs cannot be bargained, traded, or suppressed Ervin Laszlo’s system theory as presented in The System view of the world:Holisitic Vision of Our Time (1996) would suggest that the elements of our interactions (symbolization, communication and perception) are all ‘systems’ of communications, sets of behaviour or reactions, which as a result of their interaction have influential interrelationships. Similar to Tidwell’s (1998) definition of ‘’ a continuous process of simultaneous and seamless inputs and outputs,’’ system thinking would extend this communication beyond ‘’communication’’ in to ‘’conflict’’ as well. Thus ‘’communication’ would make up one of the many ‘’systems’’ occurring in conflict. Kozman (1997) as cited in Folger, Poole, Stutman (2005 p. 30-31). They explained in working Through Conflict that Kozman identified three different conflict models that stem from the various ways of thinking in diverse cultures. Kozman (1997) further suggests that people react differently to disturbing situations: They will have different attitudes towards conflict, different expectations about various conducts, as well as various approaches to resolving conflicts. According to Zupnik (2000), Tingley (2001), Ellis and Maoz (2002) as cited in Working through Conflict (Folger,Poole and Stutman, 2005) they do emphasize the fact that the three culturally based models of conflict have a significant impact on how conflict interaction unfolds. It was noted variations in conflict approaches has been registered in various cultural settings around the globe (p. 31). OKOT ALFRED OCHEN 26

George Iran and Nathan Funk (1999) Rituals of Reconciliation: Arab-Islamic perspectives. They argue that sometimes western justice-based system is inappropriate for certain circumstances or cultures with a different worldview. They do acknowledge that the process arises from the local communities, and cultures tend to be more acceptable by the local population. There is a section of resourced individuals who have opted for the formal court legal system in their attempt to seek redress on land disputes among the local population in Amuru district. Vern Neufeld Redekop (2002) argues that identity crisis tends to provoke deep rooted conflicts and, through escalation, each party counter-checks on each other’s activities. In most cases claims and assumptions tend to escalate and ferment the conflicts. “There are many approaches to justice, including restorative justice, distributive justice, and historical or traditional justice’’ (p. 278). Folger, Poole and Stutman (2005) suggest that a normative model of conflict interaction is a ‘’balancing,’’ which needs to be properly defined and expound on the various positions and interests. Once this has been achieved they can then move to mutually acceptable and integrative solution in resolving the incompatible (P.16). The researcher believed that the solution for all these land issues lay on the shoulders of the internally displaced Returnees in Amuru. The researcher believes that solution to all these land disputes cannot be imposed on the various stakeholders and that the search for comprehensive remedies on the challenges facing the communities in the post armed conflict region will only emerge from the local population. The external players might play some cardinal roles in supporting the conflict management mechanisms on the ground.

2.3 The importance of a systems perspective According Ervin Laszlo, system thinking gives us a holistic perspective for viewing the world around us and seeing ourselves in the world. It is a way of organizing, or perhaps reorganizing, our knowledge in terms of systems, systemic properties and inter-system relationships, (p. 16, 1998).According to the systems view of the world, “we OKOT ALFRED OCHEN 27 are natural systems first, living things second, human beings third, members of society and culture forth, and particular individuals fifth”. (Lazlo, 2002, p. 21). Exploring various sub systems in Amuru district as a system in the research study was important as, according to Soft System Methodology’s interpretive posture, “systems concepts are used throughout these stages to debate and reflect upon perceptions of the real world in what is known as a real world mode” (Travis & Venable, 1998, p. 2). This concept of ‘’system thinking’’ is randomly used in the research process. The research method was applied in sieving or gathering information from internally displaced people in Amuru district. It was assumed even other stakeholders apart from the internally displaced people would also get drained into these land issues in the local communities. For example, the political and religious district leadership will get submerged in these land conflicts among their subjects and followers. Using a system perspective, it is better to take into account the impacts of these interactions and inter- relationships. The system perspective provides a solid foundation in comprehending some of the underlying concerns, fears and perceptions on land issues in Northern Uganda. Using a system perspective, one is better prepared for the repercussions of the interactions and interrelationships. The research phase of this project used participants who had various experiences with the land conflict management mechanisms among the internally displaced people. Questions that examine various perspectives and experiences were asked in an effort to gain more understanding of the history, land claims and ownership among the Internally Displaced Returnees. The system perspective provided a solid foundation for analyzing the data collected from the field study. It is cardinal to take into account the various dispute resolution tools being applied in enforcing peaceful settlement of grievances among the land claimants in Amuru district.

CHAPTER 3.METHODOLOGY OKOT ALFRED OCHEN 28

3.1 The key Research Questions What was the impact of the introduction of traditional alternative dispute resolution mechanisms on the formal/legal court justice system on land claims, ownership and allocation in post armed conflict Northern Uganda.

3.2 Sub-questions (i) The expectations on land use/ownership have changed for internally displaced people with the introduction of the traditional interest-based negotiation/mediation to resolve local land disputes? If their perception on land conflict has changed, how has it changed? (ii).Are the customary tenure and its varied presentation across localities and cultures understood by the internally displaced returnees in Amuru district? (iii). The introduction of the alternative dispute resolution such as traditional interest- based mediation in Northern Uganda, has created conditions for a potential local conflict regarding the reality and the expectations of the internally displaced people? (iv). The introduction of the traditional interest-based mediations in Amuru district has impacted on land use or ownership in Amuru district?

3.3. Hypotheses 1- The introduction of traditional alternative dispute resolution has improved the access for land justice among the various stakeholders in Amuru district.

2- The Internally displaced returnees demonstrated a high level of cooperation when using traditional alternative dispute resolution process, as compared to when using legal justice system in resolving land disputes.

3- The Introduction of Alternative Dispute Resolution mechanisms in Northern Uganda has reinforced the formal justice system among the underprivileged internally displaced returnees in Amuru district, Northern Uganda. OKOT ALFRED OCHEN 29

3.4 Sources of information Organizational Documents; .Documents pertaining to our current land policies and model; supporting vision or mission statements; Ministry of Land and Environment; District land board reports, Non Governmental Organization reports; press and media releases. .Newspaper reports on land conflicts in Northern Uganda Current Literature: .Local, regional, national and international statistics and information regarding observed trends in land claims, ownership and allocation in post-conflict setting. The bylaws and policies available to prevent and combat the land conflicts; exploring alternative dispute resolution and pro-land and property rights to displaced returnees; the present theoretical and conceptual frameworks regarding alternative dispute resolution mechanisms in land claim issues. Personal Accounts: Perspectives, experiences and insights in regards to the conflict through internally displaced returnees; security agents, community leaders, administrators, youths, widows and orphans.

3.5 Methodological Approach To enhance validity and reliability of data collected and interpreted, it was incorporated among methodologies representing both qualitative and quantitative approaches. Stage 1: Initial local contact and interaction to build the foundation of trust with participants; information and overview meetings were carried out with Amuru local district leaders and community representatives (separate meetings). Stage 2: Concept Introduction and Development: The qualitative and quantitative approaches were employed simultaneously while working on land conflicts in Northern Uganda. Qualitatively, the researcher interviewed displaced returnees, because it was a more effective and efficient approach in extracting data from the local population in Amuru district. In general, the African tradition is more of an oral society. The researcher OKOT ALFRED OCHEN 30 was convinced that interviews conducted minimised misinterpretation because a good percentage of the rural community where the research was conducted do not read or write. Stage 3: communication/publications branch and a majority of the information were widely available on the Internet. I have acknowledged that basing this research question solely on non-governmental organisations, government documents and publications would diminish or undermine the results of this research study, since government communication materials are written to highlight the success of the government and minimize its failures. Qualitative research approaches traditionally have been the primary focus of social science research; however, it has been the intention of the author to use both qualitative and quantitative approaches. This approach is different because normally a quantities researcher does not communicate directly to the participants. Qualitative researcher believes that understanding people’s perception requires moving closer to the research participants. This view clearly contradicts the quantitative view that ‘’objective’’ requires aloof understanding detachment, lest the researcher ‘’lose perspective.’’ (Palys, 1997, p. 12) Palys expounds on quantative approach as traditionally dominant of the two traditions that present a comprehensive aspect of social sciences, (P. 12).Based on more of human- centered perspective, qualitative researchers assert that “adequacy’’ in social sciences commences with acceptance of more human centered approach., since social scientists are endeavoring to understand human behavior, face challenges fundamentally different from those faced by natural scientists. (Palys 1997, p. 16) Qualitative and quantitative approach is the best approach suited for this research study. The strategy was chosen to link research study to theory, land conflicts and dispute resolution mechanisms being applied among the Internally Displaced Returnees. The researcher has learnt through the MACAM program that is vital to envision issues from a holistic perspective. The researcher and theorists should go the ‘‘balcony’ in attempt to have a complete picture of the conflict. The above perspective is supported by Ervin Laszlo (1996). He argues that every circumstance is made of multiple perspectives which consistently develop and OKOT ALFRED OCHEN 31 nurture relationships among various stakeholders. In an effort to understand what systems exists and how they apply in this situation, it is better for the researcher to begin from a holistic approach to facilitate and offer more grounds for understanding of influences, roles and impacts of the dispute. Both the quantative and the qualitative research can help the researcher better understand and achieve this through the holistic perspective. The subject matter of this study offered the opportunity for broader study which included the indicators of the incompatible issues which helped in exploring conflict management mechanisms in resolving land issues among the Internally Displaced returnees. In conducting an exploration on this topic, the researcher hoped to obtain the opinions and experiences that were least presented by the past documented history. The researcher thought there existed possibility for the findings or recommendations for this project to be taken into account while the internally displace resettlement is going on in Amuru district in Northern Uganda. From this background this project may prove useful as mechanisms for resolving future resource-based conflicts in post-war regions. The research chose to adopt a different approach in searching for a more sustainable and peaceful approach in solving land claims after violent conflicts. The researcher thought by encouraging harmonious settlement of incompatible interests it would act as an ‘’eye opener’’ among the various uncompromising stakeholders in this conflict.

3.6 Methodology Process

This qualitative research process consisted of the following steps: 1-Questions were designed to explore the experiences of the participants in this research study. (See appendix for questionnaire) 2-The researcher worked jointly with the academic advisor to better focus the questions to be asked of the research participants. OKOT ALFRED OCHEN 32

3-Through the help of Amuru district council and Internally Displaced people representatives, candidates for participation were selected on the basis of experiences. 4. Potential participants were invited in person to be interviewed for this project. I send out letter of invitation to the interviewees, followed by letter of consent and a copy of the interview questions, or an invitation was made, a letter of consent signed and the interview conducted 5-Interview conducted with the help of sixty participants, 6-Gathered information was recorded, 7-Information was recorded within the principles of comparative conflict management mechanisms 8-Recommendations were formulated with suggestions for further research.

3.7: ETHICAL CONSIDERATIONS Human subjects in research means: individuals that the investigator or researcher obtained data through interacting among individuals in a private environment. I first got the approval of Royal Roads University before involving human subjects in this research study. The use of human subjects was anticipated. An ethics form, scripts and disclosure documents were prepared in compliance with Royal Roads University policies. Upon approval, documents were translated to luo (Acholi) local language Northern Uganda. The internally displaced people/returnees and other stakeholders such as local leaders were approached to review the project disclosure forms and to provide consent for their communities. Human perspectives and reflective listening were the key elements of this action research study. Every participant in this research study participated voluntarily and with complete knowledge or right to withdraw at any point in the process, without penalty or recourse. Free and informed consent were given in writing and signing was required before participants took part in the research study. Every attempt was made to ensure that documents representing the participants’ perspectives were secured wherever possible. OKOT ALFRED OCHEN 33

I have cited or credited all the work of other authors whether published or unpublished. In this way I have minimized chances of plagiarism. Integrity of data It has been my primary responsibility not to make false statements or an omission that could distort the truth. I have endeavoured to involve a cross-section of stakeholders in this research study; this has created checks and balances on the integrity of the data collected. The researcher also informed the volunteer subjects that they could withdraw from the research program at any time. The privacy of information relating to each subject will be respected and maintained. I have attempted to verify data quality by re-questioning/interview some of the displaced returnees and government officials on same information that I had asked much early. This enabled the researcher to gain deeper understanding of the community conflict In this chapter, I have attempted to further justify the objective of the research and the way information was gathered for the purpose of comparing and evaluating the study. Ethical guidelines had to be considered before; I embarked on this research with human participants. This also mitigated the abuses of the research process in this field research study. (Palys p. 115). The Royal Roads University Ethics Policy, Part E, (MACAM Guidelines), requires a consideration of the benefits and risks of the research in a major project. In my opinion the research conformed to the requirement of minimal risk no tangible benefits were offered to the participants in this research study. The humanistic value of research is very cardinal. It helps us understand what actually needs to operate in the most demanding types of research. (Gay, 1987) Human subjects were used in this research project. This researcher was aware that any research project within the mandate of the Research Ethics Board and carried out under the auspices of Royal Roads University must be approved and reviewed before the work started. The Request for the Ethical Review was completed, submitted and approved before the researcher began interviewing the subjects. The Researcher has tried to follow all the Royal Roads University Research guidelines for Ethical conduct for Research Involving Humans on ethical research. OKOT ALFRED OCHEN 34

Both written and verbal consent were obtained from the subjects at the initial start. The researcher provided them with enough information about this research as possible to ensure informed consent. (Palys, 2003, p. 88) Confidentiality concerns were taken in to account by this researcher. The researcher assured the interviewees that information gathered will not be exposed or publicized to the general public.

3.8 DATA COLLECTION: Apart from collecting data from the secondary organisations, press and media houses, informal conversations, and the method that was used by the researcher was in- person interviewing (Palys, 2003). The type of interviews used in this comparative research study were not much variant from what Patton (1990) described as standard research questions designed in sequence to enable the participant unearthed all the information regarding the subject being investigated in the research study. The interviews were conducted with all the participants after they had signed the consent form. The participants were offered a copy of a translated copy of research question in the Acholi language (luo) to enable those who can read luo language to follow as I was interviewing the subjects. The experience the researcher had was interesting and enriching exposure in the field. Guba and Lincoln expounded on the value of researchers contacts with the subjects during the field study. The authors state the human subjects are the beauty of a research study. They respond to their environmental surrounding demands while at the same time collecting and sharing their experiences in life while meeting all the research ethical demands.

3.9 DATA ANALYSIS OKOT ALFRED OCHEN 35

Qualitative inquiry presents a challenge in many ways .The analyst must make some logic in the process of interpreting the data collected from the field. This Researcher realized that the data collection process was demanding and challenging in several ways, and the experience was a blessing in disguise. After completing the interview in the luo language (Acholi), this researcher sat down and compiled the field research results into one file for the purpose of easy management of the information collected from the field. Otherwise it took a good amount of my time and energy in trying to compile all the data collected. The interview questions were numbered and saved in word document while in Gulu town. I could not do the computer work from Amuru because it is a new and underdeveloped town that was severely affected during the time of the armed conflict. The interview responses were cross-checked by using what Patton described as “Cross Interview analysis. (p. 376) the researcher allowed free discourse of the study as the data emerged and the interaction progressed. According to Patton, this defines inductive analysis. The researcher did this by engaging the research participants on the same question several times from variant perspectives to ensure that the data been collected was not a waste of the researcher’s time. Hence, the researcher crossed checked by using cross need interview analysis

Chapter 4 OKOT ALFRED OCHEN 36

4.1 THE RESEARCH RESULTS

The major research tools used in this research were a series of personal interviews conducted among internally displaced returnees. The participants were from Pabbo, Lamogi and Atiak sub-counties in Amuru district, Northern Uganda. They were all asked the same questions by the researcher, but they were given options for seeking more clarifications on the intent of the research study. The interview process took some valuable time of the researcher, but it was worth conducting the research study. During the interview process the researcher followed the format in the questionnaire. The researcher did not force any of the participants to take part in the research study. Instead the researcher encouraged the participants to feel free and unearth all the hidden opinions regarding land issues in the post armed conflict Northern Uganda. All the participants interviewed did not know the researcher; this greatly encouraged participants to participate in this research study on land claims and ownership. The researcher is certain that this position of being a stranger to the participants also raised a lot of expectations from the internally displaced people or returnees in Amuru. The participants at first thought that the researcher was trying to work on a humanitarian aid project for the local community in Amuru district. The researcher also tried to overcome these challenges by using communication techniques such as reflective listening. The researcher also reassured the participants of the confidentiality responses were also of great asset in this study. The internally displaced returnees were amazingly transparent and cooperative in answering the interview questions, though at times they could over-stretch their desires and expectations from this research study. At the end of the day, the in-depth interactions with the participants gave the researcher more perspectives on more land resettlement issues among the community members in Amuru district. The researcher used his own life experience and observation skills to test the atmosphere on land climate happening among the community members. For the purpose of transparency and credibility of the research study, the researcher will include all the findings from the field study as they were collected by the researcher. OKOT ALFRED OCHEN 37

4.2: DEMOGRAPHIC INFORMATION ON AMURU DISTRICT

PABBO SUB COUNTY. Located 96 KM from Gulu town.  Research respondents in the main camps in Pabbo(less than 30% are still in camps)  Population beginning to relocated from main camp to their ancestral homes.  International Relief and humanitarian agencies still providing relief items LAMOGI SUB COUNTY Located 89 km from Gulu town,  Respondent’s population in main camps (less than 8  0% have returned)  Population beginning to relocated from main camp to home camp[s or original ancestral homes.  International Relief and humanitarian Agencies are still providing Relief Items. ATIAK SUB COUNTY. Located 140 km from Gulu town.  Interview respondents selected among the internally displaced returnees or people (80%)  Population relocated from the main internally displaced camps to site or original homes.

4.3 RESEARCH RESPONDENTS

In Amuru district three sub counties were selected for this research study. Specific sub counties and villages where research interviews were conducted .The interviewees were selected with the assistance of the internally displaced management Committee. In addition to consideration given by the respective district Council’s .The site being representative of the typical demographic and land Characteristics in the universe of returning communities in Northern Uganda The research study 60 respondents of whom 50% (30) were female while 50% (30) were male; the distribution of these respondents in the three study sub counties of Atiak, Lamogi and pabbo. OKOT ALFRED OCHEN 38 household category and where they were located at the time of the research study as expounded in the research study. In general in Atiak Sub County, 35% of respondents were female house hold, 67% were male house hold. While in Lamogi Sub County 28% was female house hold, 70% were male house hold, on the other hand, child headed household constituted less than 2% of respondents in both regions. From the research findings 55% of the total respondents were returned home in their either origin home or return sites that are located in the Precincts of their homes less than 2 kms, 14% were resettled in other rural areas, less than 1% were resettled in urban area, while 30% were still in main camps or decongestion camps. From the research findings in general on demography in Amuru 50% of respondents indicated that on return their land was still intact as they left it or was being utilized by them during the displacement period. According to the overall research findings 20% reported loss of tenure resources either by degradation of forests or vegetation cover or set up of public utilities or infrastructure to service established IDP camps. 30% of respondents returned to find their land with either IDP camps set up or found their land encamped by the army or cultivated by the army. This research study has no implications or influence on the on going land conflict management mechanisms being applied by both formal and informal conflict management Institutions. The research respondents had twenty young adults (18-35 years), twenty complete adults (36-66) and twenty seniors (66-90 years.) From the demographic information in the field it was clearly evident that the young adults were the majority and had taken control of land ownership and custody in their communities. this was due to the fact that most of the elders were greatly affected during the course of the 22 year armed conflict in Northern Uganda. Although it was still clear that their traditional leadership was still being provided by the elders, who survived the 22 year brutal armed conflict between the Government of Uganda and Lord’s Resistance Army. OKOT ALFRED OCHEN 39

In brief three sub counties in Amuru district were involved in this research study. The demographic information shows that the majority of the internally displaced people have already returned back to their ancestral land or on the process of moving back to their original homes. OKOT ALFRED OCHEN 40

7. GENERAL RESEARCH FINDINGS.

7.1 LAND CLAIM EXPECTATIONS 7.1.1 How do you feel about your return to your ancestral home? On the land claim expectations theme, the majority of the people interviewed expressed that returning to their ancestral homes is all they ever wanted, and they said they felt much better being away from the camps. Different reasons were expressed; the availability of more space and land for digging in the ancestral homes was the most profound. However, out of the 60 interviewees, only 9 of them were still living in the camps. Some of the reasons they gave for this was that they had no land had wrangles, and this gave fear of going back to their ancestral homes. However, they expressed great interest in going back to their ancestral homes. (Wi Obu / Juka), which means original homes or land.

7.1.2 Do you have any concerns about returning to your ancestral land? When the research participants were asked about the concerns on going back to their ancestral homes, different fears were expressed. One thing to note, however, is that the people are so used to handouts that some of them have become reluctant to go back to their original homes. The people have become very vulnerable because they were expecting something even after I elaborately explained to them that this research was for academic purposes. However, the majority understood and they gave me their honest answers. Thirty participants said that land conflict was their major concern holding them from going back to their ancestral land. While another twenty indicated that they were not going back due to fear of insecurity in the region. These participants based their fear on their past experiences with the reoccurrences of armed conflict. Fifteen participants complained about hunger and lack of food outside the protected camps. One participant complained about distance, while fifteen complained about availability of social services in the country sides as a factor holding them from OKOT ALFRED OCHEN 41 returning to their ancestral homes. There were ten participants who expressed fear for their lives from youths known as ‘boo kech’ in Acholi language. The research participants indicated that these youths have been intimidating the local people in Amuru district.

7.1.3 What are your expectations on land use and ownership? (What are your expectations as an internally displaced returnee?) As per the expectation on land use and ownership, most participants interviewed talked more on land use. They said they expected to cultivate the land for food crops and also keep the animals on the land. All the 60 interviewees expressed need to farm on their land and in the long run keep livestock and poultry. They also expressed the need to set up proper homes. Five of the participants are on the process of obtaining their land titles for their ancestral land in Amuru.

7.1.4 What steps have you taken in regard to achieving your land use/ownership expectations? When the research participants were asked on the steps they had taken in regard to achieving land use and ownership, the five respondents who said they expected to get land titles had not yet started chasing for their land titles. Fifty-one respondents had started cultivating their land by planting food crop. Twenty participants had started raising animals and keeping poultry as some of the steps to achieve their land use/ownership expectations.

7.1.5 What has been your experience in attempting to achieve your land use/ownership expectations? The research participants shared their experiences in attempting to achieve land use and ownership expectations. Thirty participants admitted that land wrangles were some the major hindrances in attempting to achieve land use and ownership among the various stakeholders in Northern Uganda. Twenty-one participants stated that their experiences in striving to achieve land use and ownership expectations have been smoothed, while 51 interviewees indicated it was difficult and time consuming to use OKOT ALFRED OCHEN 42 local farming tools such as hand hoes and pangas. These are often weak and inefficient in conducting large-scale agriculture. When the researcher engaged the participants for some time, they revealed that they would cherish and value having oxen or bulls when it comes to carrying out agricultural activities in their ancestral land. The participants also admitted that their expectations on land use/ownership had not changed.

7.1.6 Have your expectations on land use/ownership changed? As to whether their perception on land conflict had changed, all the 60 interviewees admitted that it had changed. The participants stated that these were new social phenomenon in Acholi culture, because land conflicts were not there on large scale before they were forced into internally displaced camps. They stated that people had plenty of land in the past, and they would just give out for free to foreigners to use for a certain period of time or even for good. But presently internally displaced people have heard that the government intends to buy people’s land to give to investors or relocate the current occupants. The participants stated clearly that they expect compensation from the government on their current land. The interviewees stated clearly that everyone now wants to have big chunks of land in order to obtain huge sums of money when the government decides to relocate the current land occupants in Amuru district.

7.1.7 If your perception on land conflict has changed, how has it changed? When the participants were asked further about their expectations on land use/ownership, they all admitted that their expectation on land use/ownership has transformed. All the 60 participants interviewed admitted that their expectation land has changed. Fifty-five of the interviewees stated that now they glance at land use and ownership from the economic point of perspective, while five stated that they look at expectations on land use from the cultural point of view. In general the participants at first thought that returning to their ancestral homes would be peaceful, but their perceptions have now changed, since they realized that it was not so from personal experience or as witnesses. OKOT ALFRED OCHEN 43

7.2 LAND JUSTICE SYSTEM 7.2.1 Do you understand the land justice system? The research participants all indicated that they do comprehend what is meant by land justice system. All the 60 persons interviewed admitted that they do have some knowledge of the land justice system. However, the knowledge was limited to arbitrations by the ‘’Rwot Kweri’’ and the LC 2. and LC3 local courts.

7.2.2 How will the land justice system help you achieve those expectations? On how the land justices system would help them achieve their expectations, 30 participants stated they hoped the land justice system would help them keep their land and also safeguard them from intruders. The other 30 subjects interviewed hoped that the land justice system would be helpful in such a way that it would enable them regain their land.

7.3. KNOWLEDGE OF LAND OWNERSHIP AND LAND RIGHTS:

7.3.1 What is your understanding of land ownership/use? When the various participants were asked on the knowledge of land ownership and land use, respondents gave the following answers. The 60 research participants all accepted that land belongs to the clan and not to an individual “Ngom Kwaro.” However, 40 other respondents described other forms of land ownership as that owned by an individual whereby the individual buys the land and gets a land title in his or her own name and has the freedom to do anything on that land. Government-owned land, according to these 40 respondents, is land that belongs to the government.

7.3.2 Does this type of land ownership have a name? When the 60 participants were asked whether this type of land ownership had a name, they did not know or have any special name apart from the Luo/Acholi name known as“ngom kwaro.”This means land of our ancestors in luo language (Acholi) OKOT ALFRED OCHEN 44

7.3.3 Is this different to land ownership in other parts of Northern Uganda?

The researcher asked the research participants whether it was different from other parts of land ownership in northern Uganda. Fifteen respondents did not know whether it was different from other land ownership in other parts of Northern Uganda. The other remaining 45 respondents said that land ownership was the same all over Uganda.

7.3.4 Do you know your land rights? When research participants were asked whether they knew their land rights, all60 persons interviewed admitted they knew their land rights. Fifty people stated that they knew their rights under traditional clan system rather than under the formal legal system. Ten of the participants interviewed stated that they knew their land rights under formal land justice system.

7.3.5 What are some of your land rights? Fifteen of the research interviewees indicated that they knew their land rights to own their private land. Out of the 60 participants interviewed, ten stated that they knew of their rights to develop or conduct any economic development of their own interest. Thirty of the respondents interviewed also expressed that they knew they had traditional rights to inherit their family land. While five of the participants interviewed stated that they did not know their rights because they were women, who have been told that they had no right to inherit or own land in the old Acholi traditions.

7.3.6 How do you convince others that this is your piece of land? When the participants were asked how they would convince other people that it was their land, the subjects had various responses on this question. Fifty-two participants stated that they would convince others that it was their piece of land by showing some of the graves of their fore parents and relatives who were buried in their original homes before the start of the Northern insurgency in 1986. They also stated that they would involve elders and neighbours who knew their land boundaries. OKOT ALFRED OCHEN 45

While eight (8) other interviewees indicated that they would convince other people through presenting their land titles or local landmarks that were instituted in the past.

.73.7 What do you do if you fail to convince a person that is your family land? The participants interviewed had various responses or options in mind if at all they fail to convince other land claimers that it was their family land. All the fifty five (55) participants interviewed stated that they would seek for redress from local council courts in Amuru district. They former internally displaced interviewees also stated that they would involve the clan leaders/chiefs in trying to resolve the stand-off over family land. While five (5) of the participants stated that they would put on a strong face and counter those trying to claim their land. The five participants stated that if it meant taking legal redress they would do so to regain complete control of their ancestral land.

7.7.4 Land claim conflict

7.4.1 What will prevent you from achieving your land use and ownership expectations? On what can prevent one from achieving his/her land use and ownership expectations, varied answers appeared. Twenty eight participants stated that land conflicts and formal court resolutions do not favour the disadvantaged internally displaced returnees. They stated the formal court process and institution would compromise their desire to attain land use and complete ownership of their ancestral land. While ten participants stated that there were high population pressures, which have created high competition on the present land tenure system in Northern Uganda. Fifteen participants indicated that human environmental changes, coupled with lack of farming tools and seedlings, have compromised their ability to achieve land use and ownership. Two participants stated that the government intends to grab their land and offer to investors or find oil on their land. One research participant revealed that she remained in the camp due to the lack of transport to move back to original home. While four OKOT ALFRED OCHEN 46 participants stated that nothing would prevent them from achieving their land used ownership expectations.

7.4.2 Are you aware of the options for dealing with the conflict/problems that will get in the way of achieving your expectations? When the research participants were asked whether anyone was aware of the options for dealing with the conflict/problems that would get in the way of achieving agreed that they were aware of the traditional institution options which mainly zeroed on local clan elders, some of the informal institutions the participants talked of were the traditional ones such as “Rwot kweri” and “Rwot moo.’’ This literally means chief of the hoe or village in the luo language (Acholi) Fifty participants indicated that they would use the clan elders in their attempt to resolve problems that might come their way, while ten indicated they would ask for the local council leadership at the sub-county level to intervene on issues that might undermine their land productivity.

7.4.3 Do these options have a name? What is it? When the participants were asked whether these options had a name, none of the respondents had a name for them apart from “paco paco” agreement or “Winye gang gang.” The participants did not have any formal name for the options apart from the Luo traditional justice names such as “paco paco” or “winye gang gang.” Paco paco can be translated as resolving disputes in the home or family format, while winye ‘gang gang’ literally means reaching a general consensus or resolving conflicts amicably like family/home people in the Luo culture.

7.4.4 What have you heard about how effective these options are? When the research participants were asked how effective these options were, three general answers were given. Five research participants stated that they did not know because they had not gone through this experience nor had they heard from anyone about their effectiveness. Forty respondents said they were very effective, because these groups OKOT ALFRED OCHEN 47 of leaders are competent and they know all the land boundaries and even know everyone in the villages by name or by clan. The research participants also revealed that the elders were well versed with past events/ histories of the places. The research respondents also pointed out that these groups of leaders are not corrupt or are much less corrupt, while 15 respondents claimed that these groups of respondents were not effective because some of them are being compromised by money from the powerful individuals who are involved in land grabbing.

7.4.5 Who told you about this and what was their experience? When the research participants were asked how they got to know about this and the experience, 30 respondents said it was out of experience, while some of the participants had been on the traditional court jury, some had been witnesses and all had been platters or defenders. Twenty-five respondents revealed that they knew through neighbours, friends and other witnesses. The main experiences described were that the views of the different sides are heard and witnesses from both sides testified. The participants claimed that sometimes the court hearing process takes very long in duration and some witnesses do not show up regularly. When one party is not comfortable with the outcome of the mediation, the land wrangle cases would get transferred to higher authorities such as LC 2 or LC 3 are taken (sub-county level). The research interviewees revealed that sometimes the court becomes violent. As one research participant pointed out in Acholi local language, “Kino Mogongat ma court Oloyo mako tong me lweny,’’ which literally means those who failed to win the court cases will resort to fighting using weapons such as spears.

7.4.6 What is your experience in the whole conflict resolution process? When the participants were asked about their experiences in the whole conflict resolution process, 30 respondents stated that they had undergone the whole conflict resolution process in resolving land wrangles. All the research participants have at least acted as plaintiffs at one time during the informal court process on land issues in the Amuru district. The research findings revealed that some of the others have participated OKOT ALFRED OCHEN 48 as witnesses during the conflict resolution process, while some participants acted as jurists. Thirty participants did not experience the conflict resolution process at all.

7.4.7 Have you ever gone through the conflict resolution process? Thirty participants had gone through the conflict resolution process on land issues in Amuru district, while another thirty had not through the conflict resolution process.

7.4.8 Are you aware of anyone who has gone through this process? The former internally displaced people who participated in this academic study were asked if they were aware of anyone who had gone through the conflict resolution process, and all the 60 respondents said they were knowledgeable about the conflict resolution process. Fifty-five interviewees indicated that they knew about community members who had gone through the conflict resolution process in Amuru district, while five participants stated that they were not aware of individuals who had gone through the traditional dispute resolution process, but they were aware that there is a cultural institution that deals with conflicts among community members.

7.4.9 What are some of the challenges that you are facing in seeking fair hearing? The research participants were asked on some of the challenges the respondents were facing in seeking a fair hearing. Five of the participants did not know of any challenges in seeking justice on land issues among the local communities in Amuru district, while 32 respondents complained of corruption especially at the LC 2 and LC 3 (sub-county level). Ten respondents complained of high court charges/costs. These high legal costs include transport costs to the court premises, and the legal court costs are also very expensive for the respondents. Another ten respondents expressed their anger and disappointment at the slow pace these court cases/sessions take before making the final rulings on land wrangles. This is because sometimes members of the local jury do not turn up because they are busy elsewhere in the gardens or attending to other businesses. The witnesses also do not turn up regularly because of their own personal commitments. Two participants said there were no challenges at all in seeking fair hearing and justice on land issues among the local communities in Amuru district. One participant claimed OKOT ALFRED OCHEN 49 that the jury at the sub-county level did not have the necessary knowledge and skills for making sound judgments on delicate and sensitive issues/court cases.

7.4.10 How will the alternative dispute resolution/formal courts help you achieve these expectations? When the researcher asked the participants how the alternative dispute/formal court would help one in achieving their expectations, five participants stated that they did not know how the alternative dispute resolution/formal courts would enable them to achieve their expectations. Eight respondents said the formal court system would help because they are honest and organized. The other 47 respondents said they would not help because they are very expensive and are located far away from the people; they said these courts are corrupt as well.

7.4.11 How effective has the local council courts been in addressing land issues? Research participants had various responses when they were asked how effective the local council courts had been in addressing land issues. From the research interview at the sub-county level 24 respondents indicated that the local courts had been very effective in addressing land issues among the local community in Amuru district, while 30 respondents argued that these local council courts had not been effective in addressing land disputes among the internally displaced returnees, because the LC’s are political elected leaders who are always partial in their work. They also indicated that six of the respondents did not know how effective the local council courts had been if it comes to issues resolving land issues in Amuru among the different stakeholders.

7.4.12 .Who do you think can help in addressing some of these issues? The participants had various responses when they were asked who they thought could help in addressing some of these issues. Fifteen respondents said they would prefer the ‘Rwot Kweri’ to help in addressing some of the delicate land issues among the various communities in Amuru. Thirteen respondents said they would prefer the ‘Rwodi moo’ to get involved in harmonizing some of the incompatible land interests among the community members in the post-war communities. Another group of 14 respondents OKOT ALFRED OCHEN 50 preferred the local elders to take charge and intervene on land wrangles among the various stakeholders in the community while eight respondents preferred the formal courts system to resolve some of the land issues among the internally displaced returnees. Another category of six respondents preferred the LC 2 and LC 3 to help in addressing some of these issues, while one person suggested a church leader and one suggested local witnesses should get more involved in resolving some of these pertinent land issues among the various communities in Amuru district.

7.4.13. What do you think made those in charge embrace the current approach in resolving the incompatible issues? The research participants were asked on the reason why the community leaders had embraced the current approach in resolving the incompatible land issues. Thirty respondents did not know why those in charge embraced the current conflict management approach. Sixteen respondents said because it is a government policy, but did not give reasons why the government adopted such policies even after further probing. They would say they did not know, while 14 respondents said it is because the current approach is very effective and is more reconciliatory when it comes to addressing pertinent issues among community members.

QUOTATIONS FROM RESEARCH PARTICIPANTS (ACHOLI/LUO) ‘’Mon naka yam bedo ki ngom. Ngom pa coo ba. Joni weny gi lu cam cana Twero na I kom ngom tye ni, atwero timo gino moo ki ken I kom ngom na labongo ayela moo kiken ki bot ngato mo kadi bed ni gamente. I kaare ma pud pe wa donyo I camp ni, O nongo ngat ma laro ngom peke. Man dong miti pa dano odwogo dwong woko. Apoka poka mo peke. Kic ngom weny rom aroma I tung kumalo me Uganda ducu, kape wa I Uganda weny. Joni gitiyo ma ber pyen gin ngeyo ka wang ngom weny. OKOT ALFRED OCHEN 51

A nongo kom bedi atye agonya adadaa maloyo ma onongo atye I camp ni. Omyero a puur doo. Lapur kwo ki lwete kuu’’.

TRANSLATED VERSION OF THE QUOTATIONS FROM THE INTERVIEWEES “Ancestral land belongs to men in the Acholi traditional culture (luo) All these people involved in handling the land issues are corrupt. I have my fundamental human rights to do anything with my land, without any interference from the government or state. Before we had been forced to the internally displaced camps, people had no interest or greed for land, but now everybody has developed enormous interest in land ownership. Land laws and policies in Amuru district are not different from any part of Northern Uganda and other parts of the Uganda the land policies are uniform whole over the country. These people (elders) work so well, because they do know the land boundaries so well I’m very relaxed and happy compared to those days, while I was living in the internally displaced or concentrated camps. I have to dig or engage in subsistence agriculture, because that is how a peasant farmer survives in this world.’’ OKOT ALFRED OCHEN 52

8. ANALYSIS /DISCUSSIONS:

Four major parts are analyzed in this chapter. The results were recorded and discussed in the format they were recorded, ranging from the land claim expectations, land justice system, knowledge of land ownership and land rights and land claim conflict. Following this the central analysis/discussion will be focused on the land claims, ownership and allocation and will address the main thesis questions.

As identified in the findings from the field, the post armed conflict environment in Amuru district has enormous land complications or issues that have been going on since the return of relative peace in Northern Uganda. The goal of this research project was to analyze the experiences of the various stakeholders on land issues and the conflict management process/mechanisms that are being applied in the process of striving to resolve the incompatible land claims in the post armed conflict Northern Uganda. In this section the findings will be discussed with reference to the research interview question 8.1: LAND CLAIM EXPECTATIONS:

8.1.1 How do you feel about your return to your ancestral home? On the land claim expectations theme, the research findings revealed that the majority of the people interviewed expressed that returning to their ancestral homes is all they ever wanted. They said they felt much better being away from the camps, and various reasons were expressed. The availability of more space and land for digging in the ancestral / homes was the most profound. However, out of the 60 interviewees from Lamogi, Pabbo and Atiak sub counties, only nine of them were still living in the three mentioned internally displaced camps in Amuru district. Some of the reasons they gave for this was that they had no land and heard wrangles; this generated fear of going back to their original homes. However, they expressed great OKOT ALFRED OCHEN 53 interest in going back to their ancestral homes. (Wi Obu / Juka), which means our former homes in the luo language (Acholi) It is evidently clear from the data collected above that most of the internally displaced people are yearning to move back to their original homes or land. The research participants were selected from three major sub counties in Amuru distrct.Sixty research participants were selected from Pabbo, Lamogi and Atiak sub counties in the newly created district of Amuru.The participants collectively admitted that moving back to their original homes is a much brighter option than living in concentrated displaced camps. It is clear from the research findings that the internally displaced people need more space/land so that they could engage in productive agricultural activities. The participants interviewed in this research study pointed out that they lacked space for engaging in meaningful crop farming; on the side line some of the interviewees pointed out there were moral degenerations in the camps as a result of over-congestion. The participants also lamented that at time adults/parents were forced by circumstances to share small muddy huts with their children. The individuals interviewed argued that some of these circumstances were not normal under the Acholi culture and traditions. It is tradition that children growing up should always not share one-bedroom houses with their parents, because of some obvious “human nature.” The research findings also revealed that out of the 6o participants interviewed, nine were reluctant to go back home not because they cherish and enjoy living in the concentrated camps, but because some of the participants were not sure of their original homes. The participants also mentioned that they had heard about land wrangles on their original homes and that has discouraged them from moving back to their ancestral homes. It is clear that some of the participants were uncomfortable in engaging in vitriolic land issues in the post armed conflict environment, because some of the participants interviewed were born and raised from the internally displaced camps. Surprisingly, many of the participants who were interviewed were second generations that have been raised from internally displaced camps. However at the end of the interactions with the interviewees they all expressed special interests to move back to their ancestral land. OKOT ALFRED OCHEN 54

Therefore, the feelings of the internally displaced returnees to return to their ancestral homes are in conformity with the conflict transformation model of Rupesinghe which stipulates that “coming to an agreement on outstanding issues is of secondary importance to addressing the overall conflict process and coming to terms with the temporal aspects of conflict.” Hence the actual process of returning to the ancestral land is the actual temporal aspects of the challenges that need to be addressed or met by internally displaced returnees and other stakeholders in Amuru district, Northern Uganda.

8.1.2 Do you have any concerns about returning to your ancestral land? When the research participants were asked about the concerns on going back to their ancestral homes, different fears were expressed. One thing to note, however, is that the people are so used to handouts that some of them have become reluctant to go back to their original homes. The people have become very vulnerable because they were expecting something even after I elaborately explained to them that this research was for academic purposes. However, the majority understood and they gave me their honest answers. Thirty participants said that land conflict was their major concern holding them from going back to their ancestral land. While another twenty indicated that they were not going back due to fear of insecurity in the region. These participants based their fear on their past experiences with the reoccurrences of armed conflict. Fifteen participants complained about hunger and lack of food outside the protected camps. One participant complained about distance, while fifteen complained about availability of social services in the country sides as a factor holding them from returning to their ancestral homes. There were ten participants who expressed fear for their lives from youths known as ‘boo kech’ in Acholi language. The research participants indicated that these youths have been intimidating the local people in Amuru district. The majority of the participants expressed fear about the possibility of return of the rebels. There was also concerns about armed youths in areas of Amuru known in Acholi or luo as (boo kech). It is clearly evident from the above collected data in 1.2 that most of the participants interviewed were aware and concerned about the ongoing land wrangles. Out OKOT ALFRED OCHEN 55 of the 60 participants interviewed, 30 of them expressed fear of returning to their original homes due to fear of land claims and ownership. Local community members stated that there were protracted family and clan conflicts brewing up among various internally displaced returnees. In some cases there had even been death threats and violent domestic conflicts among families, individuals and clans. In addition to the above, there were participants who were still unsure about the stability of the region. They were still concerned about the possible return of the Lords Resistance Army (LRA).They argued that in the past the LRA tricked the people in the North that they had given up armed struggle, but later they came back to brutalise the local communities in Amuru district. Some participants expressed a high degree of fear about the excess availability of small arms among the local communities as a great source of insecurity in the entire Amuru district. There were various perspectives expressed about the fear of not going back into the original homes due to fear of insecurity. There were subjects who brought out very interesting dimensions of their fear, that even government security forces that should be protecting the local communities have on many occasions turned against the very people they should be protecting. From all the perspectives presented on security, it is clear that the local people have no trust in the current prevailing peace. They think the various systems in play in Northern Uganda may still instigate instability in the region so that people do not reclaim their old homes. The fear to return to their ancestral homes due to insecurity is a huge factor in the return of the internally displaced people to their ancestral homes. Fifteen participants complained of lack of food among the local population. They admitted that they were used of having free handouts from International/local NGOs in Northern Uganda. A great percentage feared that if they move back to their ancestral homes they would not have enough food to feed their families. They argued that the planting season is just starting, which implies the crops planted now will be ready during the summer (dry season) around November/December. They argued that they had nothing to survive on for the next six months. They claimed that is why they’re not getting re- integrated so fast to their original homes. Others claimed that they were better off in camps for the meantime, because people living in camps are still receiving some hand- OKOT ALFRED OCHEN 56 outs from the World Food Programme and other local/international NGOs based in Northern Uganda. This researcher also observed that there were no signs of enough food stocks among the local persons returning to their ancestral homes. Out of 60 participants who were asked if they had any concerns about returning to their ancestral homes, 15 admitted that their major concerns were about availability of social services. It was clearly evident from the field research study that the internally displaced surroundings had turned out as trading centres, which were used for transacting various businesses. Even the NGOs have been using the protected camps as their bases for providing humanitarian assistances in Amuru. For instance the local court and health centres in Pabbo sub-county in Amuru were all located just next to the internally displaced camps. The participants interviewed expressed fear that once they move back to their ancestral homes, they would not be able to access some of these basic infrastructures that have been instituted within the displaced camps. The participants interviewed stated that if they move back to their original homes, their children would not access education, because most of the schools in Amuru district had been moved away from their original locations and had instead been brought closer to the internally displaced camps, hence moving back to original land would mean no access to education, health facilities and water sources which were constructed by various NGOs during the course of the 23-year armed conflict. In summary, the participants in this research project raised cardinal arguments about the access of social services among the internally displaced returnees. As evident from the above arguments regarding access to social services, the majority of the participants are concerned about their ‘quality of life’ after living in the protected camps. This researcher thinks it would be prudent for the local authorities and central government of Uganda to extend services to the people scattered in the countryside. There was one isolated voice who stated they had concerns returning to the original land because of the distance. Out of the 60 participants interviewed, only one raised this pertinent perspective. This researcher observed that some of the participants were weak and frail; hence this could reinforce the fear of the participant who raised the OKOT ALFRED OCHEN 57 issue of distance. It should also be noted that not all internally displaced people have means to transport their belongings to their ancestral homes. This would also validate the issue of distance, which was raised by one participant. From the field research study conducted, it was clear that some of the internally displaced people are used of doing nothing. The youths and mainly men could begin to drink alcohol early in the morning, and it was clear that some of the participants were really wasted in life. In brief the participant who raised the issue of distance was being honest. There are people who cannot walk due to health reasons, while there are also some wasted individuals who spend most of their time taking local alcohol, hence end up wasting their time. The research study results on the concerns raised about the internally displaced people returning to their homes is a clear testimony that having general consensus on outstanding issues is of secondary importance to resolving the actual challenges on the ground, such as enabling or convincing the internally displaced people to return to their ancestral homes in Amuru district.

8.1.3 What are your expectations on land use and ownership? (What are your expectations as an internally displaced returnee?)

As per the expectation on land use and ownership, most participants interviewed talked more on land use. They said they expected to cultivate the land for food crops and also keep the animals on the land. All the 60 interviewees expressed need to farm on their land and in the long run keep livestock and poultry. They also expressed the need to set up proper homes. Five of the participants are on the process of obtaining their land titles for their ancestral land in Amuru. From the research study conducted in 1.3, all the respondents expressed their emphasis on income-generating projects. The majority of them expressed interest in resuming mixed subsistence agriculture, poultry and animal/cattle keeping as they try to settle down in their ancestral homes. All sixty participants expressed the desire to set up proper Acholi traditional homesteads as they return to their ancestral homes. The IDRs admitted for now they do OKOT ALFRED OCHEN 58 not have proper structures in their original homes because they were either burnt down during the war or were destroyed by wild summer bush fires that are always set by hunters during the dry season. All the participants admitted that the problem of having no houses in their original land has slowed down the resettlement of most of the internally displaced returnees. It was evident that all the participants interviewed do appreciate the importance of having an environmentally friendly homestead. Five participants expressed interest in processing their land title for their original homes. The respondents argued that they have now grasped the significance of having land titles as a result of the ongoing land wrangles among families, individuals and at times various clans. The land ownership wrangles were supported or raised out by Prof. Nyeko Pen Mogi: ‘’If the land issues were not handled urgently, they would continue to cause instability in the Acholi region. This is because the problem is moving from family to clan level and can eventually become a regional one.” (New Vision, 2, May 2009) It has been revealed through this research study that there are powerful individuals who have taken advantage of the absence of the people from their original land to occupy the land of some of the individuals who have been encamped for almost the last 20 years. This researcher discovered that most of the internally displaced returnees do not have land titles, and it was even clear that most of them did not appreciate the importance of having land title. They revealed that their original home land needs no land title because the land belongs to the clan, not just a few individuals. The subjects who touched on this aspect claimed that the local communities are their land witnesses in case of any controversies on land issues arise. It is clearly evident that the internally displaced people have a common position to utilize, conserve and protect their ancestral land for productive purposes after over two decades of protracted armed conflict in Northern Uganda. However there are number of challenges at the moment in terms of addressing the overall conflict process and coming to terms with the rampant land disputes among the internally displaced people in Amuru district. The multi-dimensional nature of protracted social conflicts plaguing much of Africa, Rupesinghe (p.65) emphasizes the need for a “…understanding of non-linear OKOT ALFRED OCHEN 59 peace-building processes. Because of the complexity of many existing and emerging conflicts, a multi-sectoral approach to conflict transformation is needed…”

8.1.4 What steps have you taken in regard to achieving your land use/ownership expectations? When the research participants were asked on the steps they had taken in regard to achieving land use and ownership, the five respondents who said they expected to get land titles had not yet started chasing for their land titles. Thirty five respondents had started cultivating their land by planting food crop. Twenty participants had started raising animals and keeping poultry as some of the steps to achieve their land use/ownership expectations. The research study revealed that the 60 participants interviewed had taken different initiatives to put their land in use or taken complete ownership. Five revealed that they were contemplating processing land titles for their original land that was abandoned during the course of the 22-year armed conflict in Northern Uganda. From the field study experience it is clear that some of the former internally displaced people had started to embrace the significance of possessing land titles, or having their property or asset registered for future record purpose. From the informal interaction many of the participants confessed that in the past they did not know the importance of land/property titles. This showed that some of the former displaced people have realized that their land is under threat without any legal document to reinforce their claims for possession/ownership of their ancestral land. However, it should be noted that it is just a minor fraction in the countryside that are thinking of registering their land. The findings from the field indicated that thirty five of the former displaced people who were interviewed had started to grow crops on their land as a way to reclaim their original ancestral land. The research findings manifested that the majority of the participants are using agriculture as a way to achieve land ownership and use of their ancestral land. The participants argued that farming and rearing animals on their original land was the only way they could keep land grabbers from occupying their land. The informal findings also revealed that farming is being used as a form of security and has also become an emotive and controversial approach of claiming ownership of land OKOT ALFRED OCHEN 60 among the participants interviewed. It was also acknowledged by the interviewees that farming as a way of claiming land ownership/use has also promoted tensions and conflicts between family, individuals and clans. In brief, farming on the ancestral land has turned out as the most competent form of land security for the former internally displaced people, and it is also a good way to encourage and empower the subsistence farmers in Amuru district. The research findings from Amuru district indicate that out of the 60 participants, 20 had started rearing poultry and animals as a source of earning income and also to reclaim ownership of their original land that was abandoned for over 20 years during the course of the Northern Uganda insurgency. The participants also admitted that they were looking at rearing animals/poultry as a way to regain some economic empowerment, but they also highlighted some of the obstacles facing the local subsistence farmers. They indicated insecurity due to armed youths known as ‘’boo kec,’’ who have engaged in the past in harassing people around Amuru district. This notion of the unruly youths was supported by Prof. Pen Mogi, who says that some of these unruly youths sometimes connive with the security agents to loot from the local population. (2009). Finally the research findings reveal that the local populations have all realized the importance of putting their land in to productive use. However the challenge is how to over come some of these obstacles constraining the residents of Atiak, Lamogi and Pabbo sub counties from having complete ownership of their ancestral land in Amuru district. Rupesinghe’s multi-sectoral approach suggests that all constituencies of society have a stake in peace and the conflict resolution process needs to be `owned’ by them if it is to succeed. This explains partially why the internally displaced returnees are been encouraged to have complete rights or mandate in the attempt to achieve land use and ownership expectations during this resettlement transition.

8.1.5 What has been your experience in attempting to achieve your land use/ownership expectations? The research participants shared their experiences in attempting to achieve land use and ownership expectations. Thirty research participants admitted that land wrangles OKOT ALFRED OCHEN 61 were some the major hindrances in attempting to achieve land use and ownership among the various stakeholders in Northern Uganda. Twenty-one participants stated that their experiences in striving to achieve land use and ownership expectations have been smoothed, while 51 interviewees indicated it was difficult and time consuming to use local farming tools such as hand hoes and pangas. These are often weak and inefficient in conducting large-scale agriculture. When the researcher engaged the participants for some time, they revealed that they would cherish and value having oxen or bulls when it comes to carrying out agricultural activities in their ancestral land. The participants also admitted that their expectations on land use/ownership had not changed. The research findings reconfirmed the fears that participants had on land ownership. Out of the 60 participants interviewed, at least 30 of them had concerns related to bad experiences they had on land use and ownership among their community members. It was revealed through this research study that their various inter-clan/communal land conflict issues among the internally displaced people in Amuru district have made it difficult to achieve complete ownership and land use. The struggle for ownership of land has created sharp division among individuals and families. The participants in this field research study shared their experiences with this researcher that some members of the community or family sell land to local investors without the knowledge and consent of the local community members. According to the Gulu district chairman Norbert Mao (2009), the land wrangles have compromised peaceful resettlement of the former internally displaced returnees. The majority of the participants admitted that the northern armed conflict has ended, but the impact of the land wrangles is going to generate more challenges for the region if not adequately addressed. (New Vision newspaper report) The research findings further revealed that 21 participants stated that they have had positive experiences in achieving their land use and ownership expectations. The respondents stated to this researcher that they have not had any nasty experiences in trying to utilize their land or taking complete responsibility or ownership of their land. OKOT ALFRED OCHEN 62

It has been reported in press and media houses that the internally displaced returnees whose families have money have taken advantage of the situation by giving out money to the desperate internally displaced returnees who are need of having liquid money. It was revealed by the participants that these manipulations are generating a lot of concerns among the local communities in Amuru district. The research revealed that 51 participants were all uncomfortable with the local tools used for farming. They stated clearly that the poor local farming equipments has compromised their ability to effective utilize their land or attain complete ownership of their land. The participants argued that substandard farming equipment has been one of the main reasons why most of the internally displaced returnees have not been able to become self-reliant. A good number of the local communities in Amuru still survive on handouts from international NGOs. The good part about all this is that participants interviewed are not yet about to give up; instead they came up with their own proposals about using oxen and bulls for farming. The researcher thinks that is a noble idea for a start because that can increase their ability to grow crops on a large scale. In summary, the participants expressed various experiences they have gone through in the process to attain complete control of their ancestral land. The most comforting part is that they all acknowledge the challenges involved in starting a new decent complete life. The internally displaced people have acknowledged the current state of affairs on land among the local population, but the overall challenge is how to arrive to the temporal aspects of the land conflict resolutions in Amuru district. (Rupensinghe, P.76)

8. 1.6 Have your expectations on land use/ownership changed? As to whether their perception on land conflict had changed, all the 60 interviewees admitted that it had changed. The participants stated that these were new social phenomenon in Acholi culture, because land conflicts were not there on large scale before they were forced into internally displaced camps. They stated that people had plenty of land in the past, and they would just give out for free to foreigners to use for a certain period of time or even for good. But presently internally displaced people have OKOT ALFRED OCHEN 63 heard that the government intends to buy people’s land to give to investors or relocate the current occupants. The participants stated clearly that they expect compensation from the government on their current land. The interviewees stated clearly that everyone now wants to have big chunks of land in order to obtain huge sums of money when the government decides to relocate the current land occupants in Amuru district.

The research field study has revealed that the expectations of the participants on land use and ownership have transformed completely during the 22-year armed conflict in Northern Uganda. The findings revealed that out of the 60 participants interviewed, all admitted that they now have different perceptions on land prior to start of the armed conflict in August 1986. It is now evident from the research findings that the former internally displaced people now know the significance of owning large chunks of land unlike in the past, where peasants in Acholi land had not much expectation from their land apart from being used for growing food and cash crops on a small scale. The former internally displaced people interviewed acknowledged the fact that most people are now expecting monetary rewards from their huge chunks of land. The Government of Uganda, under President General Museveni, has been encouraging the local peasants in Amuru to offer their land for sugar cane growing and oil mining. The leader of the opposition in the Ugandan parliament, Prof. Ogenga Latigo, reinforced some of the fears of the local population by stating: “We do not trust the government in backing Madhvani to acquire land in Amuru. These people (NRM) could be having a hidden agenda and at the end, the coming generation might be land-less.”(Daily Monitor, December 2008). The participants informed this researcher that the idea of government compensating internally displaced people with some liquid money has strongly influenced the expectations on land use and ownership among the local people in Amuru district. From the above research findings there is now competition among various individuals and families on who can claim bigger chunks of land so that when the time comes for giving or selling land to government, they can claim more compensation from the Government of Uganda. OKOT ALFRED OCHEN 64

In conclusion, all the 60 participants interviewed confessed that their expectations on land use and ownership have transformed from just having land for growing food crops and rearing domestic animals. The former displaced people are now visualizing their land in terms of monetary terms. They stated that they hope to transform their standards of living through acquiring huge chunks of land. Hence all these new perceptions among the participants are a clear indication that expectations on land use and ownership have changed from the traditional mindset of keeping huge chunks of land for future generations to the mentality of minting quick money for daily survival. The research study revealed that it has become a consistent trend among the various stakeholders in Amuru district, Northern Uganda. The research findings among the internally displaced returnees support the conflict model of Rupesinghe argues that identifying outstanding issues such as land disputes is of secondary importance to addressing some of the actual land expectations on land use among the formerly displaced Ugandans in Amuru district.

8.1.7 Have your expectations on land use/ownership changed? When the participants were asked about their expectations on land use/ownership, they all admitted that their expectation on land use/ownership has transformed. All the 60 participants interviewed admitted that their expectation land has changed. Fifty-five of the interviewees stated that now they glance at land use and ownership from the economic point of perspective, while five stated that they look at expectations on land use from the cultural point of view. In general the participants at first thought that returning to their ancestral homes would be peaceful, but their perceptions have now changed, since they realized that it was not so from personal experience or as witnesses.

The participants interviewed at first thought that returning to their ancestral homes would be an orderly and peaceful process, but their perceptions has now transformed, since they realized that it was not very systematic and harmonious from their personal experiences as they were returning to their homes. As evident from the research findings all 60 participants acknowledged that their expectation and attitude towards land use and ownership have totally transformed. The OKOT ALFRED OCHEN 65 former internally displaced thought that the return to their ancestral homes would be harmonious and peaceful, but they have realized that there are intricate issues that have to be taken into account. The local communities in Amuru have come to terms with the challenges such as land wrangles and insecurity in the resettlement process in post armed conflict Northern Uganda. From the research findings their expectations have changed as a result of the challenges involved in resettling after decades of armed conflict. The participants contended that some of the few land and proper records were destroyed during the course of the war, and this has also complicated a lot of land claim cases among the local population. The major sources of witnesses in the post armed conflict Acholi society were the elders, who were largely affected due to the armed conflict (Kasija, 2005) Precisely the expectations on land use and ownership have been tremendously altered as a result of the 22-year armed conflict in Northern Uganda. It used to be the elders who were in charge of huge chunks of land, but now the youths and young adults are scrambling to take charge of their ancestral land so that they can transact their own economic activities without the indulgence of the older generations, which is a clear indication of change in expectations and ownership of land in the post-war Northern Uganda (Kasija, 2005). It is clearly evident from the research findings that the expectations on land use and expectation have changed; the challenge is now how to come to terms with the present land dynamics among the various stakeholders in Amuru district.

8.8.2: LAND JUSTICE SYSTEM

8.2.1 Do you understand the land justice system? The research participants all indicated that they do comprehend what is meant by land justice system. All the 60 persons interviewed admitted that they do have some knowledge of the land justice system. However, the knowledge was limited to arbitrations by the ‘’Rwot Kweri’’ and the LC 2. and LC3 local courts. OKOT ALFRED OCHEN 66

8.2.2 How will the land justice system help you achieve those expectations? On how the land justices system would help them achieve their expectations, 30 participants stated they hoped the land justice system would help them keep their land and also safeguard them from intruders. The other 30 subjects interviewed hoped that the land justice system would be helpful in such a way that it would enable them regain their land. The research finding revealed that all the 60 participants who were interviewed had an idea about the land justice system among the local communities in Amuru district, Northern Uganda. However, it should be noted their comprehension of the land justice system was limited to local council courts 2 and 3, locally known as ‘rwot kweri’ in the Acholi justice terminology. The participants contended that it is through these local councils that most of their land wrangles have been amicably resolved in the past few years. The local populations in Amuru district have revealed that they do not understand or know much about the formal land justice principles and how it operates in addressing land issues among antagonistic communities. Thirty participants stated that they had high expectations that the land justice system would assist them in addressing some of the land incompatibilities threatening their land. They hoped that the justice system would help them in safeguarding their ancestral land from land grabbers. There have been a lot of speculations that the government intends to grab land from the local population in Amuru district. There has been reportage in the media houses that oil has been discovered in some parts of Amuru district; hence this has generated a lot of fear and tension from the vulnerable former internally displaced returnees. Coupled to the above there has also been the tug-of-war between the Government of President Museveni and the Acholi Members of Parliament. The elected representatives of Acholi (Amuru) have been very consistent in their demand that before the government offers land to investors, the internally displaced people must first all return to their ancestral land in Amuru. Thirty participants interviewed hope the introduction of the justice system would enable them to regain their land and property that were illegally occupied by the OKOT ALFRED OCHEN 67 government forces/army. The local population interviewed also hoped that the reintroduction of justice mechanisms would facilitate their ability to access justice on their lost or grabbed land and property. There have been a lot of reports about certain individuals taking the law in their hands in trying to address the present land claims and ownership wrangles among the local population in the post-war Northern Uganda. The relationship between land and conflict is extraordinarily complex. When it comes to land issues, economics and politics frequently mingle with other influences like law, public administration, and culture. Therefore, as in other conflict dynamics, land is tied to a complex network of issues ranging from power relationships to economics and from symbolic attachments to systemic inequities. Addressing land issues effectively demands a broad, Integrated and inter-disciplinary approach. (USAID Report, 2004) Hence the hope that the reintroduction of the justice system would help addressing and reclaiming some of the land that was grabbed by intruders during the course of the armed conflict. In summary, the participants had a general understanding of the concept of land justice system, but it should be noted that their knowledge on the justice mechanism is mainly confined to the informal local court systems of local council courts. Overall the local population in Amuru district has high hopes about the reintroduction of the justice system. The former internally displaced persons think that it will foster and promote peaceful co-existence among the local population wrangling over land. Hence coming to a general consensus on the land justice system, this is of secondary importance to resolving the overall land disputes among the local population in the newly created district of Amuru district.

8.3. KNOWLEDGE OF LAND OWNERSHIP AND LAND RIGHTS

8.3.1 What is your understanding of land ownership/use? When the various participants were asked on the knowledge of land ownership and land use, respondents gave the following answers. The 60 research participants all OKOT ALFRED OCHEN 68 accepted that land belongs to the clan and not to an individual “Ngom Kwaro.” This means land of our ancestors. However, 40 other respondents described other forms of land ownership as that owned by an individual whereby the individual buys the land and gets a land title in his or her own name and has the freedom to do anything on that land. Government-owned land, according to these 40 respondents, is land that belongs to the government From the research findings all the participants interviewed had some understanding of land ownership and use. The research study revealed that they all concurred that land belongs to the clan but not individuals. From the research findings it is evident that most of the land in Amuru and other parts of Northern Uganda are under customary ownership. This implies no individual can claim individual ownership without the general consent of the rest of the clan members. The 40 participants interviewed express that they’re knowledgeable about other forms of land ownership, such as private and public land. The private ownership of land is where people are at liberty to purchase their own land; it can be from individual families or clans. Forty former internally displaced people who were interviewed also admitted that they were knowledgeable about public land or government land. The participants were enlightened that the government has complete authority over all the public land in Uganda, which implies that nobody has the moral mandate to go and claim ownership of public land. This is because it belongs to all people of the Republic of Uganda. Therefore ,the research findings support the conflict transformation model of Rupesinghe which stipulates that multi-sectoral approach , all constituencies of society have a stake in peace and the conflict resolution process needs to be `owned’ by them if it is to succeed. .

8.3.2. Does this type of land ownership have a name?

When the 60 participants were asked whether this type of land ownership had a name, they did not know or have any special name apart from the Luo/Acholi name known as“ngom kwaro.”This means land of our ancestors in luo language (Acholi). OKOT ALFRED OCHEN 69

8.3.3 .Is this different to land ownership in other parts of Northern Uganda? The researcher asked the research participants whether it was different from other parts of land ownership in northern Uganda. Fifteen respondents did not know whether it was different from other land ownership in other parts of Northern Uganda. The other remaining 45 respondents said that land ownership was the same all over Uganda. From the research findings, 45 participants stated that the ownership of land in other parts of Northern Uganda has a uniform name for land ownership; while 15 did not know whether there was a special name for land ownership in Northern Uganda.

8.3.4. Do you know your land rights? When research participants were asked whether they knew their land rights, all60 persons interviewed admitted they knew their land rights. Fifty people stated that they knew their rights under traditional clan system rather than under the formal legal system. Ten of the participants interviewed stated that they knew their land rights under formal land justice system.

The research findings revealed that all the participants knew that they had land rights in their communities. The interviewees had various perceptions on land rights. Some of them envisioned land rights from the traditional perspective, while other interviewees glanced at it from the formal perspective. Fifty participants knew that they had land rights under the clan system, which implies that all family members can lay claim on family or clan land. Ten participants stated that they know that they have fundamental rights to own land under the Uganda constitution, which clearly states that all Ugandan citizens are free to own land and property in Uganda. In brief, the conflict transformation model of Rupesinghe embraces the notion of the former displaced people comprehending their land rights as a secondary importance in mitigating the general land justice process and coming to terms with land disputes in Amuru district. OKOT ALFRED OCHEN 70

8.3.5 What are some of your land rights? Fifteen interviewees indicated that they knew their land rights to own their private land. Out of the 60 participants interviewed, ten stated that they knew of their rights to develop or conduct any economic development of their own interest. Thirty respondents knew that they had traditional family rights to inherit land. Five participants stated that they did not know their rights because they were women, who have been told that they had no right to inherit or own land in the old Acholi traditions. The research findings indicate that from the 60 participants interviewed, 15 participants indicated that they knew their rights to own private land under the Uganda constitution. This stipulates that any person or citizen is free to own land or property in any part of the country without any prejudice. In addition to the above, ten participants stated that they’re aware of their fundamental human rights to indulge in any economic development of their own choice. The research participants indicated that some of them might be under-resourced at the moment, but that does not mean they do not know some of their fundamental human rights. The majority of participants interviewed stated that they knew their rights under the traditional land justice system. Thirty participants indicated that they knew they had rights to inherit their family/clan lands. They knew some of their land rights under the Acholi traditional culture, where everybody should have the moral mandate to use that land. In the past Acholi traditional society land belonged to and was owned by the men, but even at that time the women still had the rights to move back and resettle at their family ancestral land. The women used to be given their own land to settle and grow their own food crops as one way to empower everybody from the community. The participants interviewed argued that land rights have existed for centuries among the Acholi people. Five persons revealed that they were not certain of their land rights under the Acholi culture in the post armed conflict settings. In the traditional Acholi culture land belongs to the clan, and usually the clan elders are composed of aged men with a handful of ladies. The participants stated that women had land rights at the husband’s ancestral home villages, but with the present cultural transformation the five female participants OKOT ALFRED OCHEN 71 stated that they were not very sure of their land rights in the present post armed conflict settings in Amuru district in Acholi land. In summary, the 60 participants who were interviewed knew their land rights to some extent. The majority were more knowledgeable about their land rights under the informal Acholi land rights context, but in general all the participants had the idea that every citizen of Uganda was at liberty to possess any kind of wealth, including owning land as an asset for economic empowerment. The principles of land rights are supported by Rupesinghe’s multi-sectoral approach, which stipulates that all constituencies of society have a stake in peace, justice and the conflict resolution process needs to be `owned’ by them if it is to succeed.

8.3.6 How do you convince others that this is your piece of land? When the participants were asked how they would convince other people that it was their land, they had various responses on this question. Fifty-two participants stated that they would convince others that it was their piece of land by showing some of the graves of their fore parents and relatives who were buried in their original homes before the start of the Northern insurgency in 1986. They also stated that they would involve elders and neighbours, who knew their land boundaries, While eight other interviewees indicated that they would convince other people through presenting their land titles or local land marks that were instituted in the past. The research findings revealed that the participants all indicated that they would strive to enable other individuals to know that the land they’re trying to resettle on was their rightful ancestral land. These research findings were reinforced by Huggins, Nyukuri and Wakhungu in the Historical Awareness of Land, where they argued that land claims are often based on contested and semi-mythical histories of origin and migration. “Conflicts over land are fraught with competing interpretations of history, which both reflect and enrich Africans’ on-going struggles to engage productively with the past and the future.” OKOT ALFRED OCHEN 72

In addition to acknowledging the importance of history, it is crucial to recognize the constant (re)interpretation of these histories and be aware of the problems related to the construction of a neat, all-encompassing “meta-narrative.” (p. 10) The majority of the interviewees revealed that they would use historical evidences such as family graves of their family members to prove that they were the rightful owners of the land they’re claiming in Amuru district. This practice of using historical proof as evidences is a common type of security proof for most of the local people in Northern Uganda. It should be noted that bourgeois land grabbers use heavy tractors to plough the land, and sometimes they intentionally erase some of this historical evidence. Michael Mubangizi (2009) notes that land contestations are intensified “by the sad reality that most of the elders who would have assisted in identification of these boundaries and in arbitration of disputes had died.” Land in Acholi is communally owned and elders are influential in settling disputes. Many of these have died during the insurgency that had raged for more than 20 years. “As people return to their villages, they are confronted with the realisation that over a period of 20 years, clan leaders, heads of households and the elderly who would have knowledge of the previous set ups in the villages are no more.” Predictably, the report says that land squabbles are common among the “youth who are not aware of the boundaries of the land that belonged to their deceased parents.” Ironically, the report says, some people – including money-hungry youths – connive with local council officials to sell family land. And once other family members find out that their land has been sold, conflict starts.’’

Fifty participants also revealed that they would involve elders and traditional leaders in clarifying about their family lands. The majority of the subjects had high hopes and expectations on the cultural institutions, while eight internally displaced returnees indicated that they would use their land title to claim and protect their ancestral land. however, this is not a big section of the local community; it is just the few resourced OKOT ALFRED OCHEN 73 individual and families who can afford to process land titles. The fact of the matter is that the process of obtaining land title is a tedious task that most peasants can hardly manage due to limited resources at their disposal among the internally displaced returnees. In summary it is evident from the results and discussions of the data collected that all the participants interviewed have the notion of resolving land conflicts amicably. The majority of the participants are hoping for informal methods to prove their ownership of the land they’re occupying or claiming to be their ancestral land. There is also a small section of resourced individuals who intend to use their legal formal titles to prove their ownerships of the ancestral land they’re occupying. The participants all have a notion and idea of land justice system as the only option for ushering in permanent land security within the local community in Amuru district. Rupesinghe’s conflict model of meaningful transformation suggests that the population such as in Amuru should understand the notion of resolving land disputes amicably, because it also includes sustainable structural and attitudinal changes within broader society and the emergence of new institutions to address outstanding issues (p.77).

8.3.7 What do you do if you fail to convince a person that is your family land? The participants interviewed had various responses or options in mind if they fail to convince other land claimers that it was their family land. Fifty-five participants stated that they would seek for redress from local council courts in Amuru district. They also stated that they would involve the clan leaders/chiefs in trying to resolve the standoff over family land. Five participants stated that they would put on a strong face and counter those trying to claim their land. The five participants stated that if it meant taking legal redress, they would do so to regain complete control of their ancestral land. It is clearly evident from the research findings that the participants have very strong identity attachments when it comes to issues regarding their family land ownership. Fifty-five participants stated that they would take the land case wrangles to the local court councils for redress before elected local council and clan leaders, so that they can play a crucial role in mitigating any attempt to grab their family land. The OKOT ALFRED OCHEN 74 research participants demonstrated that they have high confidence in the traditional institutions in resolving any land claim issues. They also argued that the informal courts were more cost-effective and credible because the traditional and local council leaders have background knowledge and experiences in resolving conflicts on community/family land. The research findings also pointed out that five of the participants stated that they would profess a brave face in order to regain complete authority on their family land by seeking legal redress to regain control of their ancestral land and property. From the research findings the internally displaced returnees indicated that individuals have been going to the legal court to seek for redress on land wrangles among various stakeholders. Most of the research participants interviewed professed that the legal option would also be a great option for resolving land conflict issues among the internally displaced people, but they also argue that not all the returnees have the resources to meet the legal courts costs for hiring reliable and dependable legal land experts to defend their land claims before the formal court of law. The majority of the participants interviewed expressed uneasiness with the formal court process; they stated that it takes a while to resolve land wrangles, whereas with the informal court system the land wrangles are resolved within a short time span. In brief, the majority of the research participants have been referring their land wrangles to the informal court settings because it is cost-effective and time-saving. From the informal interaction this researcher had with the interviewees, there is some element of cultural attachment as well. In the Acholi tradition conflicts are always resolved amicably without trying to injure opportunities for future reconciliation possibilities. However, it should be noted that there was also a small fraction of participants who thought the formal court options would be the best way to resolve land claims once and for all. The participants argued that the reliance on elders and individuals as evidence is not sustainable and reliable because many of the older generation died during the course of the armed conflict in Northern Uganda. Hence there is a generation gap in the whole of Acholi sub-region; most of the elders did not make it through the course of the violent conflict. This has led to traditional leadership vacuum in Acholi sub-region. OKOT ALFRED OCHEN 75

In addition the above, the conflict transformation model of Rupesinghe embraces the idea of the majority of the local population in Amuru referring their land grievances to the informal courts of law on outstanding issues such as land claims and ownership among the internally displaced returnees in the sub counties of Pabbo, Lamogi, Atiak.

8.4: LAND CLAIM CONFLICT 8.4.1 What will prevent you from achieving your land use and ownership expectations? On what can prevent one from achieving his/her land use and ownership expectations, varied answers appeared; 30 participants stated that land conflicts and formal court resolutions do not favour the disadvantaged internal displaced returnees. They stated the formal court process and institution would compromise their desire to attain land use and complete ownership of their ancestral land, while 15 participants stated that there were high population pressures, which has created high competition on the present land tenure system in Northern Uganda. Seventeen participants indicated that human/environmental changes, coupled with lack of farming tools and seedlings, have compromised their ability to achieve land use and ownership. Two participants interviewed stated that the government intends to grab their land and offer to investors or find oil on their land. One participant revealed that she remained in the camp due to the lack of transport to move back to original home, while four participants stated that nothing would prevent them from achieving their land use ownership expectations. The research study revealed that most of the participants have divergent reasons on some of the obstacles to their desire to attain complete land use and ownership. Thirty participants stated that land wrangles are some of the major challenges preventing them from attaining complete ownership and utilization of their ancestral land. It is evident that land wrangles in Amuru district have become very rampant and that the security and safety of some of the land occupants are under severe threat and danger as a result of competition for land. These land conflicts have in the long course compromised productive economic activities among the internally displaced returnees. In addition to the above the research participants indicated that they were not comfortable with the formal court process because of high costs involved in the court process. There OKOT ALFRED OCHEN 76 were also concerns raised about the credibility of the formal court process. The participants complained about the high cost involved in seeking land justice through the legal court process. There were concerns raised about the impact of formal court rulings on relationships. They stated that it would be very challenging to reconcile with a person who has sued you before the legal court justice, hence the formal court justice has a lot of unpleasant consequences on family and clan relationships. Fifteen research participants stated that they were high population pressures which have created high demand for the present land. There has been population increase during the course of the armed conflict in Northern Uganda, which has created high pressure and competition for the present land. There has been increase in family sizes despite the fact that many people were killed and abducted during the violent conflict. Seventeen other participants revealed that some of the environmental challenges such as land degradations and floods would compromise their ability to achieve complete land use and ownership of their land in the post-war district of Amuru. The internally displaced returnees do not have advanced tools for carrying out modern agricultural activities; some of these challenges would undermine their ability to utilize the land fully. From the research findings it was clear that most of the participants do not have adequate resources to engage in modern agriculture. This has undermined the ability of the research participants to take complete ownership of their ancestral land. Two participants came out boldly and stated that they fear the government of Uganda intends to grab their land and offer it to commercial investors such Madavani Sugar factory. The two research participants also indicated that they fear the government taking over their land because of the oil discovery in Amuru district. It has been evident from the research findings that numerous internally displaced returnees are not secure about their land use and ownership in the post-war Northern Uganda. The participants interviewed indicated that they fear the government of Uganda because it intends to give some of its land away to investors. OKOT ALFRED OCHEN 77

This land issue and fear have generated a lot of political heat in Northern Uganda, in particular Amuru district, which has been rocked with land wrangles since the end of the armed conflict in Northern Uganda. In summary there are potential land grabbers who having been generating a lot of fear among the local population in Amuru. While ten research participants stated that they have opted to remain in the internally displaced camps because the lack of transport to move back to their ancestral land, this researcher witnessed the conditions of some of the people in the camps. There are genuine sick and aged individuals who cannot walk to their original homes. It should be noted that there are also irresponsible individuals who want to take advantage of the NGOs. The research findings indicated that some of these youths have become a security threat to the people of Amuru district. In brief there are aged and sick people who have credible reasons such as lack of transport, which have minimized their potential in relocating back to their ancestral land. The last group of participants on land use and ownership stated that nothing would hold them from achieving their desire and goals to attain full ownership and land use. The four participants expressed a lot of confidence in their plans to attain complete ownership of their ancestral land. They stated that they would obtain land titles, so that they can claim complete ownership of their ancestral land. They also indicated that they would use their land titles to seek for soft loans from the bank so that they can engage in modern commercial farming. In conclusion, the majority of the research participants admit that there are numerous challenges on their path to attain full land use and ownership expectations. In the multi-dimensional nature of protracted social conflicts plaguing much of post armed conflict states in Africa, Rupesinghe emphasizes the need for an “understanding of non-linear peace-building processes. Because of the complexity of many existing and emerging conflicts, a multi-sectoral approach to conflict transformation is needed.”(P.65) This multi-sectoral approach is a far more holistic approach to conflict transformation and, as such, allows it to be far more flexible in application than most conventional models which tend to be rigid resulting in a gap between theory and reality OKOT ALFRED OCHEN 78

8.4.2 Are you aware of the options for dealing with the conflict/problems that will get in the way of achieving your expectations? When the research participants were asked whether anyone was aware of the options for dealing with the conflict/problems, they were aware of the traditional institution options which mainly zeroed on local clan elders, and some of the informal institutions the participants talked of were the traditional Institutions such as ‘Rwot kweri’ and ”Rwot moo.’’ Fifty participants indicated that they would use the clan elders in their attempt to resolve problems that might come their way, while ten indicated they would ask for the local council leadership at the sub-county level to intervene on issues that might undermine their land productivity. The research finding revealed that the local populations in Amuru are aware of the various options for dealing with problems that might undermine their land use and ownership expectations. The interviewees all indicated they were comfortable with using the informal court settings in trying to resolve any incompatible land issues among the community members. The research study indicated that 50 internally displaced returnees had indicated that they would request for the intervention of the communal elders in trying to address land issues that might compromise their potential to effectively utilize their land or complete ownership expectations. The researcher was also informed that informal courts that involve community elders were more cost-effective compared to the legal court system in Northern Uganda. Ten research participants professed that they would involve the elected local council leadership structures at the sub-county levels in an attempt to mitigate any land wrangles that might compromise their land use and ownership expectations. However, it should be noted that the local council leaders are most of the time partial, because of their political leanings. These were some of the major concerns that were raised by local community members who were interviewed by this researcher. OKOT ALFRED OCHEN 79

In general the 60 interviewees all indicated that they were comfortable using their informal court justice system in dealing with any problem that might come their way, while trying to achieve complete land ownership expectations. The local internally displaced returnees in Amuru offered their reflection of personal experiences on land disputes which reflected the concept of ‘diagnosis. The local displaced people interviewed in the counties of Kilak and Nywoya unconsciously began to realize the importance of using helicopter thinking in the conceptual model framework. As “SSM is intrinsically a collaborative approach, and sensible ‘users’ will involve other people in the process of problem handling”, (Checkland, 2000, p.13).

8.4.3 Do these options have a name? What is it? When the participants were asked whether these options had a name, none of the research respondents had a name for them apart from “paco paco” agreement or “Winye gang gang.” This means seeking brotherly or sisterly home agreement or consensus on pertinent issues such as land. The participants did not have any formal name for the options apart from the Luo traditional justice names such as “paco paco” or “winye gang gang.” Paco paco can be translated as resolving disputes in the home or family format, while “winye gang gang” literally means reaching a general consensus or resolving conflicts amicably like family/home people in the Luo culture. The field research findings revealed that the participants did not have a formal legal name for the options for resolving problems among various community members. However, the participants had informal traditional justice name such as ‘paco paco’ or winye gang gang,’ and these are some of the informal conflict resolution names in the local language of Acholi. ‘Winye gang gang’ is where local communities gather and resolve disputes among the community members without involving external people to resolve the conflict. Rupesinghe conflict transformation model suggests that this multi-sectoral approach is a far more holistic approach to conflict transformation and, as such, allows it to be far more flexible in application than most conventional models which tend to be rigid resulting in a gap between theory and reality (P.65) OKOT ALFRED OCHEN 80

In brief these options used for resolving land wrangles or other disputes have informal names such as ‘winye gang gang or paco paco.’this means having home consensus on pertinent land issues.

8.4.4 What have you heard about how effective these options are?

When the research participants were asked how effective these options were, three general answers were given. Five research participants stated that they did not know because they had not gone through this experience, nor had they heard from anyone about their effectiveness. Forty respondents said they were very effective, because these groups of leaders are competent and they know all the land boundaries and even know everyone in the villages by name or by clan. The research participants also revealed that the elders were well versed with past events/ histories of the places. The research respondents also pointed out that these groups of leaders are not corrupt or are much less corrupt, while 15 respondents claimed that these groups of leaders were not effective because some of them are being compromised by money. The research findings revealed that a good number of participants knew the effectiveness of the informal conflict resolution mechanisms known as gang gang or paco paco among the local communities in Amuru and other parts of Northern Uganda. The research study revealed that five participants did not know the name and the effectiveness of the informal conflict resolution processes/mechanisms. They indicated that they had not used it before and had not yet interacted with local individuals who had experienced the informal conflict resolution process. Forty other participants indicated that they were effective and efficient, because the community elders who are in charge are competent and responsible citizens. The internally displaced returnees interviewed professed that these leaders are knowledgeable about Acholi traditional rules and norms. The elders know the land boundaries and can explain comprehensively who owned which piece of land prior to the armed conflict in August 1986. Hence these participants appreciate the fact these elders and experienced personalities are still able to explain some of these intricate land issues among the local communities such as the land wrangles in Amuru district. OKOT ALFRED OCHEN 81

Fifteen participants indicated that they have little faith and confidence in the informal conflict resolution mechanisms being managed by the elders. They indicated that the elders were being compromised by money, and as a result some of the elders had been making partisan rulings on land wrangles. There have been complaints in Amuru by the local population that some of the elders and chiefs are been compromised by some of the powerful land grabbers and local investors. Hence some of these mistrusts have generated enormous tension and fear among the internally displaced returnees in Amuru district. In summary, the majority of the people interviewed in Amuru district do appreciate the existence of the traditional conflict resolution mechanisms among the local population. They admitted that at times the cultural institutions came under heavy criticism for being soft on potential land grabbers. The research participants do admit that land conflict resolution mechanisms have helped in defusing some of the inter-clan and family land disputes. The conflict transformation model of Rupesinghe (1994) suggests that the involvement of non state actors such as the cultural Institutions is also cardinal in situations of intra state conflicts where the government can not play the role of non- partisan broker because the state is currently associated with the land grabbing in Amuru district. (P.75)

8.4.5 Who told you about this and what was their experience? When the research participants were asked how they got to know about this and the experience, 30 respondents said it was out of experience, while some of the participants had been on the traditional court jury. Some had been witnesses, and all had been platters or defenders. Twenty-five revealed that they knew through neighbours, friends and other witnesses. One participant stated that when the land informal court process fails, they would take the law in their hands. The participant stated “kino mogo ma dong oloyo kilwenyo alwenya.”This statement means that if diplomacy fails then they will just fight. The research results revealed that the research participants’ main experiences were that the views of the different sides are heard and witnesses from both sides OKOT ALFRED OCHEN 82 testified. The participants stated that sometimes the court hearing process takes very long in duration and some witnesses do not show up regularly. When one party is not comfortable with the outcome of the mediation, the land wrangle cases would get transferred to higher authorities such as LC 2 or LC 3 are taken (sub-county level). The research interviewees revealed that sometimes the court become violent. As one research participant pointed out in Acholi local language, “Kino Mogongat ma court Oloyo mako tong me lweny,’’ which literally means those who failed to win the court cases will resort to fighting using weapons such as spears. In brief the participants shared their experiences which they had through the traditional conflict resolution platforms in trying to address some of land wrangles and misunderstandings among the internally displaced returnees in Amuru district. The majority of the participants had the understanding of the cultural dispute resolution institutions and their roles in attempting to bring peace and harmony among the local population. The research findings on the experiences of the interviewees are linked to Rupesinghe’s conflict transformation model (1994). This model emphasizes the need for an “understanding of non-linear peace-building processes. Because of the complexity of many existing and emerging conflicts, a multi-sectoral approach to conflict transformation is needed.…” This multi-sectoral approach is a far more holistic approach to conflict transformation and, as such, allows it to be far more flexible in application than most conventional models which tend to be rigid resulting in a gap between theory and reality (P.65)

8.4.6 .What is your experience in the whole conflict resolution process? When the various research participants were asked about their experiences in the whole conflict resolution process, 30 stated that they had undergone the whole conflict resolution process in resolving land wrangles. All the research participants interviewed have at least acted as plaintiffs at one time during the informal court process on land issues in the Amuru district. The research findings revealed that some of the participants have participated as witnesses during the conflict resolution process, while some few OKOT ALFRED OCHEN 83 participants acted as jurists. Thirty participants did not experience the conflict resolution process at all. From the research findings 30 participants had gone through the conflict resolution process in attempt to resolve the land issues they had with their neighbours and family members. These participants had in-depth understanding of ‘Gang gang, paco paco’ methods of resolving land disputes among the local population. They stated that these informal court processes were cost-effective and that one does not need to meet the legal costs, but they only have to meet some basic requirements like providing some food or something to drink after the informal court hearing. These practices are not a new development among the Acholi community; it is part of the culture to offer good hospitality to members of the community and elders, who might have forgone their own activities/business to attend such a very cardinal session in the community. Hence it would be prudent for one or the host to appreciate the positive gesture by the jury or panel to help in addressing some of the incompatible land interests. Another group of 30 research participants had no experiences in the whole conflict resolution process. These groups of interviewees have just been hearing about some the informal court systems in Amuru district. They also indicated that for now their lands were not under any direct threat from land grabbers, although they do admit that they have been hearing of government plans to take over some parts of Amuru and give it to economic investors. In conclusion, a good number of participants had experienced the whole conflict resolution process in addressing land disputes among the local population in Amuru district. It was a balanced in the sense that a good portion of the subjects had not gone through the whole conflict resolution process, but they do have a general idea about the existence of the institution in trying to resolve delicate and fragile land issues among the various sub-systems among the former displaced returnees in Amuru district. This collective view is reinforced by Milchalko - “when you look at a problem using a multiplicity of perspectives instead of one stabilized view, you bring forth a new creative consciousness and an expansion of the possibilities” (2001, p. 43).

8.4.7. Have you ever gone through the conflict resolution process? OKOT ALFRED OCHEN 84

Thirty participants revealed that they had gone through the conflict resolution process on land issues in Amuru district, while 30 participants revealed that that they had not been through the conflict resolution process. The research finding has revealed that a good number of the affected participants had gone through the conflict resolution process on land disputes among the local population in Amuru district. Those individuals who had gone through the conflict resolution process had various experiences on the informal court justice system among the traditional Acholi people in Northern Uganda. It has been noted that the informal court justice system is cost-effective and reliable because the efforts are all about peaceful coexistence and reconciliation among all the affected parties involved in the land dispute. In summary a good number of the research participants had gone through the conflict resolution process. It is clear that most of the respondents had various experiences through the conflict resolution process. They were participants who had indicated that they had not yet gone through the conflict resolution process, because they have not yet been affected directly with the land dispute issues that have affected some of the internally displaced returnees in Amuru district, Northern Uganda. Therefore, generating overall consensus on the existence and importance of the conflict resolution process is of secondary importance to addressing the overall land issues among the several interest groups in Amuru district, Northern Uganda. The research findings from the field indicates that a good number of interviewees had gone through the conflict resolution process, which is of secondary importance in addressing the overall land issues among the local population in Amuru district.

8. 4.8 .Are you aware of anyone who has gone through this process? The former internally displaced people who participated in this academic study were asked if they were aware of anyone who had gone through the conflict resolution process, and all 60 respondents said they were knowledgeable about the conflict resolution process. Fifty-five interviewees indicated that they even know about community members who had gone through the conflict resolution process in Amuru district. The other five participants stated that they were not aware of anyone who had OKOT ALFRED OCHEN 85 gone through this conflict resolution process in Amuru district. However, the five participants admitted that they knew there were informal courts being used by various stakeholders in trying to resolve delicate and fragile land cases among the local population in Amuru district. The research findings revealed that those who had gone through the process have mixed experiences of the conflict resolution process. There are participants who were totally content with the informal court justice process in dealing with the various land disputes among the local population in Amuru district. The internally displaced returnees who had gone through the land conflict process admitted that despite some contradictions, the traditional court structures have been of great help in trying to resolve land disputes among the local population. According to Rugdya, the traditional and formal dispute resolution mechanisms interlink when it comes to providing evidence. The Rwot Kweri or the Won Paco is undisputed custodians of knowledge on land matters in specific localities to the extent that the local council courts ordinarily do not decide land matters without these elders. In certain instances it was also reported that the LCs are summoned by the traditional authorities to justify their actions with regard to land. (p. 74) However it should be noted there are participants who have mixed opinions about the conflict resolution process in dealing with land issues. In brief, the majority of the participants were knowledgeable about those who had gone through the conflict resolution process in attempt to resolve explosive and divisive land issues among various stakeholders in Amuru and other parts of Northern Uganda. Rupesinghe suggests that in multi-sectoral approach, all constituencies of society have a stake in peace and the conflict resolution process needs to be `owned’ by them if it is to succeed. This explains partly why the majority of the interviewees are knowledgeable about the land resolution mechanisms among the local population in Amuru district. However the challenge is how to resolve the sensitive and delicate land issues among the internally displaced returnees.

8.4.9 What are some of the challenges that you are facing in seeking fair hearing? OKOT ALFRED OCHEN 86

The research participants were asked on some of the challenges the respondents were facing in seeking a fair hearing, and five participants did not know of any challenges in seeking justice on land issues among the local communities in Amuru district, while thirty 32 respondents complained of corruption especially at the LC 2 and LC 3 (sub-county level). Ten respondents complained of high court charges/costs. These high local court fees include transport costs to the court premises, and the local legal court sitting costs are also very expensive for the respondents. Another ten respondents expressed their anger and disappointment at the slow pace at which these court cases/ sessions take before making the final rulings on land wrangles. This is because some members of the local jury do not turn up, because they are busy elsewhere in the gardens or attending to other businesses. The witnesses also do not turn up regularly because of their own personal commitments. Two participants said there were no challenges at all in seeking fair hearing and justice on land issues among the local communities in Amuru district. One participant claimed that the jury at the sub-county level did not have the necessary knowledge and skills for making sound judgments on delicate and sensitive issues/court cases.

When the research participants were interviewed there were many perspectives that were ushered in trying to expound on some of the challenges facing the research participants from seeking fair hearings on land disputes in Amuru district. There were five participants who did not know of any challenges in seeking justice on land issues. This was a clear indication that not all internally displaced returnees are facing land disputes or having challenges in resolving incompatible land issues in Amuru district. This research finding can also be interpreted that not all the interviewees were concerned about the ongoing land issues among the various individuals and clans in the various sub- counties in the district. The second group of research respondents expressed concerns about the level of corruption and subjectivity involved in this informal court process. The participants also complained about the lack of transparency and accountability in conducting some of the land issues among the cultural institutions or leadership. These research respondents OKOT ALFRED OCHEN 87 indicated that some of the local council leaders at parish and sub-county levels do get compromised by those who are well resourced and with high political connections. As a result they end up making unethical court rulings on crucial land issues among various community members. The third group of participants expressed their discomfort about the high fees involved in seeking justice through the informal court. Ten participants stated that the costs involved in the court process are some of the issues compromising fair hearing. The respondents argued that not all local community members can afford to provide the court fees on time. Hence, this means most of the time the individuals who cannot afford to pay for the informal court cost might not be able to seek fair hearing on time. It should be noted that ‘justice delayed is justice denied.’ The fourth group of research participants expressed their displeasure at the slow pace of the informal court process before the final court rulings on land disputes among community members. Various perspectives were brought in as justification for the slow pace of the court rulings on land dispute cases in Amuru district. There are local council leasers and elders who do not show up for the court hearings because of their own family and personal engagements elsewhere, and there were those who were arguing that the local council leaders sometimes do evade the informal court sessions because of the meagre monetary rewards involved in the land court hearing process in Amuru and other parts of Northern Uganda. There were two isolated voices among participants who claimed that there were no challenges involved in seeking a fair hearing before the informal court in Amuru. The two participants stated that the local council leaders and elders are comprised of individuals of high integrity. Hence there is no obstacle in seeking fair hearing before the informal court. The last participant stated that local council leaders have no skills and ability to rule on sensitive and delicate land issues among the local population. The views that were expressed by the participant should not be disregarded, because the local councilors are elected political leaders in the whole of Uganda. It can easily be suspected that political elected councilors might not be all that impartial when presiding over land issues that involve their supporters or opponents. This school of thought is OKOT ALFRED OCHEN 88 supported by the USAID report that states Government land appropriation and resettlement schemes are notorious for causing conflict and tension related to competition for land uses and claims. (p. 5, 2004) In addition to the above, some of the local councillors pay allegiance to high-ranking politicians in government who have vested interests in the ongoing land conflicts in Northern Uganda. Hence this participant has a genuine concern about the credibility of the political elected local councillors involved in presiding over the informal court hearings. However, it should be noted that from the research findings most of the land issues are not only presided over by the elected political local council leaders, but there is also a council of elders from various clans in Amuru, who take part in the traditional court hearing process. Finally it has been evident from the research findings that the majority of the research participants indicate that there are challenges in seeking transparent and fair court hearing among the local population in Amuru and possibly other parts of Northern Uganda. However, there is general consensus among the majority of the local population, that there is lack of transparency and fairness in seeking land justice among the political elected local councillors in Amuru district. The above argument supports the Rupesinghe’s (1994) conflict transformation model that the involvement of non-state actors is also vital in situations of intra-state conflicts where the state cannot play the role of non-partisan broker because the state may often be a party to the conflict.

8.4.10. How will the alternative dispute resolution/formal courts help you achieve these expectations?

When the researcher asked the participants how the alternative dispute/formal court would help one in achieving their expectations, five participants stated that they did not know how the alternative dispute resolution/formal courts would enable them to achieve their expectations. Eight respondents said the formal court system would help because they are honest and organized. The other forty seven research respondents said OKOT ALFRED OCHEN 89 they would not help because they are very expensive and are located far away from the people; they said these courts are corrupt as well. The research findings revealed that five of the participants indicated that they did not know how the informal or formal court would help them to achieve their expectations. This first group of research interviewees has not experienced any positive aspect of the formal or informal court process in resolving land wrangles among the local population in Amuru district. The second group of research participants revealed that the formal court mechanism would help them in attaining fair hearings on land injustices among various stakeholders in Amuru district. The eight respondents expressed their faith and confidence in seeking land justice in the formal courts of law; they indicated that the formal courts are more organized when it comes to addressing issues on land injustices among the former internally displaced returnees. Forty-seven participants indicated that they had no confidence in the formal court institutions, because of the high legal cost involved in seeking land justice through the formal courts of law. The local population interviewed also indicated that formal court premises are located far away from those involved in land disputes; this makes it hard for the land claimants to commute from the villages to the urban centers, where the formal court offices are located. The researcher also noticed that most of the internally displaced returnees do not have reliable means of transport for traveling long distances; hence transport and communication are issues for the research participants who reside in the villages. The research respondents also raised fundamental issues regarding the working ethics of some of the land court judges; they claimed that the land court judges were very corrupt when it comes to making rulings on sensitive land issues among the population in Amuru district. However, it should be noted that the 47 participants were more sympathetic to informal court mechanisms being applied to address some of the divisive and delicate land issues among the various stakeholders in Amuru district. The participants admitted that the informal court processes were more cost-effective and promote relationship rehabilitation among the antagonistic parties in the land conflict. OKOT ALFRED OCHEN 90

The local population stated that the traditional mechanisms would promote peace and reconciliation among the various families, individuals and clans in Acholi land. Hence the participants indicated that it would be appropriate if the informal court institutions were empowered; it would promote and complement the well-resourced formal court systems in Northern Uganda. These would help the research participants to achieve fair hearings and expectations on land use. In summary the research participants have divergent opinions on how the two court systems would enable them to obtain fair hearing and complete land use expectations. However, it should be noted that all the individuals interviewed do concur that there are fundamental issues that need to be addressed in both the formal and informal court systems. The majority agree indirectly that the informal system is more cost-effective and reconciliatory in its approach to addressing land disputes among various stakeholders. The various arguments that have been projected by the research interviewees on how the alternative dispute resolution can enable them to achieve their land use and ownership in the post armed conflict Northern Uganda, is supported by the conflict transformation model of Rupesinghe argues that “coming to an agreement on outstanding issues is of secondary importance to addressing the overall conflict process and coming to terms with the temporal aspects of conflict.” [p.76)

8.4.11 .How effective have the local council courts been in addressing land issues? Research participants had various responses when they were asked how effective the local council courts had been in addressing land issues. From the research interview at the sub-county level, 24 respondents indicated that the local courts had been very effective in addressing land issues among the local community in Amuru district, while 30 respondents argued that these local council courts had not been effective in addressing land disputes among the internally displaced returnees. The research participants also indicated that six of the respondents did not know how effective the local council courts had been if it comes to issues resolving land issues in Amuru among the different stakeholders. OKOT ALFRED OCHEN 91

The research participants were asked how effective the local council courts had been effective in addressing land issues among the various stakeholders in Amuru district. The local council is a political administrative structure that starts from the local council levels 1-5. This field research interview was conducted at the sub-county level where 24 research participants stated that local council courts had been effective and efficient in resolving incompatible land issues among the local population in Amuru district. These interviewees were convinced that the local council leaders are the most credible individuals to deal with community land disputes, because they do have the mandate from the electorate. The second group of 30 participants indicated that local council courts have not been effective in resolving land disputes among various stakeholders in Amuru district. The respondents stated that local council leaders are partial; hence they lack the moral mandate to preside over delicate land issues among the population. This second group of research participants argues that most of these local leaders are politicians, who are after appeasing some of their loyal supporters. As a result this has compromised the impartiality of the local council courts. The local council courts sometimes are compromised because of the political interferences from their superiors, who also have interest in the ongoing land wrangles in Amuru district. This has made the work of the local council courts very hard indeed. The last group of individuals interviewed demonstrated total ignorance of the ability and the effectiveness of the local council courts in Amuru district. Six participants were not certain how effective the local council has been in addressing land issues because these group of individuals had not had any land wrangles, so they do not have personal experiences on the local council court process. In brief, the local populations interviewed have mixed feelings on the effectiveness of the local council courts. The majority of the participants do appreciate the importance of the local council institution in trying to resolve community land disputes in Amuru district, Northern Uganda. The above research findings are supported by Rupesinghe’s conflict transformation model which acknowledges that coming to an agreement on outstanding issues, such as local council courts are of secondary importance to addressing the overall OKOT ALFRED OCHEN 92 conflict resolution process. The coming to terms with the actual temporal aspects of conflict such as land wrangles among the local population in Amuru, need to be addressed effectively through the informal conflict resolution Institutions in Northern Uganda.

8.4.12 .who do you think can help in addressing some of these issues? The participants had various responses when they were asked who they thought could help in addressing some of these issues. Fifteen respondents said they would prefer the ‘Rwot Kweri’ to help in addressing some of the delicate land issues among the various communities in Amuru. Thirteen respondents said they would prefer the ‘Rwodi moo’ to get involved in harmonizing some of the incompatible land interests among the community members in the post-war communities. Another group of 14 respondents preferred the local elders to take charge and intervene on land wrangles among the various stakeholders in the community, while eight preferred the formal courts system to resolve some of the land issues among the internally displaced returnees. Another category of six respondents preferred the LC2 and LC3 to help in addressing some of these issues. One suggested a church leader, and one suggested local witnesses should get more involved in resolving some of these pertinent land issues among the various communities in Amuru district. The research findings on who can help address some of these issues among the local community members had six different categories of respondents. The first group of respondents stated that they would prefer ‘’Rwot kweri’’ to help in addressing some of the delicate and fragile land issues. ’Rwot kweri’ can be translated to mean chief of hoe or leader of work at community level or sub-village .According to Rudya (2003), the ‘Rwot kweri’ is usually an elder above 45 years of age and can be of any gender. These groups of leaders are usually elected by the village members. Their role is usually to handle land cases to involve boundary issues and local evidences involving land transactions among the various stakeholders in Acholi land. The second group of research participants interviewed indicated that they prefer ‘’Rwot moo,” which comes second in hierarchy after ‘Rwot kweri,’ because it has more power in resolving land and domestic violence among local community members in OKOT ALFRED OCHEN 93

Acholi land. This group of elders is usually elected by the local people in the villages. Those individuals elected are usually local elders above 45 years of age and are mainly men. The third group of research interviewees in this study preferred local elders around the village to take responsibility of addressing divisive and delicate land disputes among the community members in Amuru district. The 14 research respondents indicated that they preferred to have local elders, because they’re more knowledgeable about the land boundaries and family history of the various village members. The village elders usually lead less than 200 households; hence this makes it easy for the elders to make informed decisions or rulings because they do know everyone in the villages. The fourth group of research respondents preferred the formal legal courts to help in addressing land disputes among the various stakeholders in Amuru district. The 14 local population members interviewed indicated that the formal courts are more credible and reliable when it comes to addressing sensitive and ethical land disputes among the various communities. The land tribunals and magistrate courts have proper records for various land claims, unlike the informal court institutions. However, it should be noted that accessing the land title records at the district is usually cumbersome. Another category of six research participants preferred the local council courts to help in addressing some of the land conflicts among the various stakeholders in Amuru district. The internally displaced returnees stated that they preferred LC2 and LC3 to intervene and help in resolving some of the land claims and ownership issues, because of the popular mandate they have from the electorate. The local council courts usually do not make decisions without the input of the local elders or ‘Rwot kweri’ on land issues such as land boundaries or transactions. The research participants interviewed argued that the local council courts/leaders are the best people to resolve land disputes among various interest groups, because they have popular mandate of the electorates from the grass roots to administer the affairs of the local populations. One of the participants suggested that the church leaders should help in resolving the land disputes among the various stakeholders. The local populations in Amuru do practise both Christianity and traditional African religions. It is a common practice among the internally displaced returnees. The research participant argued the religious OKOT ALFRED OCHEN 94 leaders are always honest in their actions. The religious leaders are highly respected by a cross-section of community members; hence they can be a great asset in trying to resolve some of the protracted land disputes among various stakeholders. The last research participant on this topic suggested that the local land witnesses should get more involved in trying to resolve land issues among local populations in Amuru district. The land witnesses are people who have first-hand experiences and information regarding the history of land transactions and boundaries. Hence they would be a great source in trying to resolve some of the land claims and ownership wrangles among the various interest groups in Amuru district. In brief there were seven categories of respondents on the way land claims and ownership issues can be addressed by the various stakeholders involved in this conflict. All the categories of research participants believe that this issue can be resolved amicably without generating any form of violence among the local population in Amuru. It should be noted that the traditional and the formal dispute resolution do interlink or work concurrently in resolving community disputes. For instance, the local council courts cannot make binding rulings without the input of the local elders; hence the traditional and formal dispute resolution mechanisms do complement each other. The conflict transformation model embraces the involvement of non-state actors in resolving pertinent issues among diverse interest groups such as the internally displaced returnees in Amuru district. This conflict transformation model is also vital in situations of intra-state conflicts where the state cannot play the role of non-partisan broker because the state may often be a party to the conflict. This state of contradiction has prompted the formal and traditional Institutions to operate concurrently, in order to mitigate future reoccurrences of land claims and ownership among the local population in Amuru district.

8.4.13 .What do you think made those in charge to embrace the current approach in resolving the incompatible issues? The research participants were asked on the reason why the community leaders had embraced the current approach in resolving the incompatible land issues; thirty participants did not know why those in charge embraced the current conflict management OKOT ALFRED OCHEN 95 approach. Sixteen respondents stated that it is a government policy, but did not give reasons why the government adopted such policies even after further probing. They would say they did not know; 14 respondents said it is because the current approach is very effective and is more reconciliatory when it comes to addressing pertinent issues among community members. The research findings from the field indicated three major categories of respondents, when they were asked why those in charge had embraced the current approach in resolving incompatible land issues among the local population in Amuru district. Thirty participants stated that they did not know why those in charge had embraced the present method of conflict management mechanisms in addressing the rampant land disputes among the internally displaced returnees. This first group of research participants is not sure why the local government authorities in Amuru have embraced this conflict management mechanism. However, they noted that the conflict management mechanisms are helping in diffusing some of the community tensions and land disputes in Amuru district. The second group of interviewees claimed it was a government policy, but they did not expound on why the government of Uganda had adopted such a policy in a post armed conflict setting. The second group’s perspectives had solid foundation, because the constitution of Uganda recognizes cultural and traditional roles in resolving community issues and development. (Constitution, 1994) The government of Uganda has been facilitating and empowering the traditional and cultural institutions to be self-reliant, so that they can play a significant role in reconstruction and nation building. Hence it has been a government policy to support various traditional institutions in all parts of the country. The third group of research respondents on this subject stated that the current method of conflict management approach is reliable and sustainable in this era of reconstruction and resettlement of the internally displaced returnees to their ancestral land. This group of participants argued that the community leaders have embraced this conflict resolution mechanism because it promotes reconciliation and community rehabilitation. The informal court system encourages and promotes reconciliation among various stakeholders in the community unlike the formal court system where it is a OKOT ALFRED OCHEN 96 challenge to rebuild fractured relationships among parties who have been before the legal court systems. As a result the local government in Amuru district has been encouraging and supporting the informal court system, as a way to promote peace and stability among the population. According to USAID report, land-related interventions require careful internal and intra-institutional coordination to avoid slowdowns or unproductive delays (p. 9, 2004) In summary, according to the research participants the local government authorities in Amuru district have been promoting and supporting the informal land court system, as a way to address some of the land disputes among the various local populations in the post armed conflict Northern Uganda. OKOT ALFRED OCHEN 97

CHAPTER 9: CONCLUSIONS AND RECOMMENDATIONS

This thesis began with a quote from the former Secretary General of the United Nations Koffi Annan,(1998) which noted that “… since 1970 Africa has had more than 30 wars fought on its territory, the vast majority of which have been intra-state in origin. Fourteen of Africa’s 53 countries were afflicted by armed conflicts in 1996 alone. The consequences of these conflicts have seriously undermined Africa’s efforts to ensure long-term stability, prosperity and peace for its people.”

The purpose of this research study was to compare and examine the experiences of the internally displaced returnees who have been using the alternative dispute resolution mechanisms in resolving land claims and ownership wrangles among the internally displaced returnees in Amuru district in Northern Uganda. A critical evaluation of the alternative dispute resolution mechanisms and formal/legal justice system in resolving land wrangles was proposed, so that peace and order could exist among the internally displaced returnees in Amuru district, Northern Uganda. The research project specifically examined the conflict associated with land claims, ownership and allocation among internally displaced returnees and refugees in Amuru district. The research project compared and evaluated the impact of the introduction of alternative dispute resolution mechanisms on the formal justice system. The land conflict management mechanisms were introduced in a cultural or traditional context where armed conflicts were persistent; the project research study also compared conflict styles and internally displaced people’s land conceptions on alternative dispute resolution, peace and transformative strategies pre- and post-programming in the post armed conflict Northern Uganda This study revealed the empirical links between participant perceptions of formal and informal approaches of resolving land conflict or disputes among the internally displaced people or returnees in Amuru district Northern Uganda. In general the research study found close links between the formal and traditional dispute resolution institutions. When disputes on land occurs ‘Rwot kweri’ intervenes first, and if it is beyond its OKOT ALFRED OCHEN 98 mandate and authority, then the local council courts intervene in trying to resolve the land disputes. The study also revealed multiple dispute resolution mechanisms at the grass roots that are being applied to diffuse some of the land claims and ownership wrangles among the various families, individuals and clans. It should be noted that the variety of conflict management mechanisms are not confusion but instead are offering variety of options for resolving local land disputes among the population in Amuru district. The research findings revealed that land disputes are occurring in areas that were vacated due to the Northern Uganda armed conflict. It should be noted that by the time of the research study, the land wrangles were still going on among the local population in Amuru. The research results indicated that the various conflict management mechanisms were being explored in resolving the protracted land disputes, which were caused due to a number of factors such as unclear land boundaries, lack of land transaction records and inheritance rights among the various stakeholders in Amuru district, Northern Uganda. According to Hair (1984), many authors have indicated that competitive conflict over natural resources increases consensus based and collaborative approaches as the ideal mechanisms for resolving resourced based conflicts among various communities. There is acknowledgment that land issues in post armed conflicts are usually addressed in an ad hoc manner rather than having systematic laid-down guidelines. The relationships between land conflicts and internally displaced people are delicate and fragile because the armed conflict is the direct cause and are exacerbated by the lack of proper government policies in Uganda to address this new land challenge emerging in the post-conflict period. This research study provides the framework for conflict resolution; its major goal is to foster and solidify the conflict management mechanisms being applied in resolving land ownership claims and ownership.

THE WAY FORWARD

Recommendation 1: Enacting and enforcement of relevant laws: OKOT ALFRED OCHEN 99

According to USAID report, the relationship between land and conflict is extraordinarily complex. Addressing land issues effectively demands a broad, integrated, and inter-disciplinary approach. (p. 4, 2004) The role of traditional institutions should be clearly defined in dealing with various local issues among local communities all over Uganda. The mandates of the informal institutions should be reinforced by special provisions in the constitution of Uganda, so that the roles of traditional mechanisms are not contradicted and compromised by the supreme law of the country.

Recommendation 2: Public awareness and Education: Creating awareness and enlightening the local population about the significance of land use and management. The success of public education and awareness campaigns will depend on the availability of data on the land use and management among the local population. The policy makers and administrators should all be equipped with sufficient information on how to make delicate decisions and also facilitate on sensitive community resource-based conflicts Recommendation 3: Empowerment of District Land Board: Land Administration institutions have to be strengthened, so that the land records are more reliable and credible. The current land administration institutions are weak with no formal and proper records to track on land transactions and ownerships. The empowerment of the district land board is cardinal, because it will promote transparency and accountability in the district land board offices and among the various stakeholders in Amuru district. Recommendation 4: Institutions on Dispute Resolution The research study findings revealed close interaction between the formal and the informal dispute resolution mechanisms. However, the traditional institutions have to be empowered so that they can cope with the increasing land disputes among the internally displaced returnees in Amuru district and other parts of Uganda. The clan and community conflict management committees should be strengthened and empowered so that local dispute resolution committees can make rulings from informed point of perspectives on land claims and ownership issues among local population in Amuru district. In general OKOT ALFRED OCHEN 100 the informal and formal conflict Institutions in the post armed conflict Northern Uganda need to be linked together, so that they can become more effective and coordinated in addressing various land issues among the Internally displaced returnees or people.

Recommendation 5: Funding a sustained conflict management process It is recommended that the central government should allocate some funding to support the land dispute resolution process in Amuru, so that the local human resources can be independent and empowered in addressing various land claims and ownership issues among the local population in the post armed conflict communities such as Amuru district. OKOT ALFRED OCHEN 101

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APPENDICES:

Appendix A: Distribution of Local Council Courts in Northern Uganda

DISTRICT SUBCOUNTY PARISHES VILLAGES TOTAL ADJUMANI 6 35 143 184 APAC 22 117 1974 2113 ARUA 36 231 2103 2370 GULU /AMURU 23 121 407 551 KITGUM 20 93 763 876 KOTIDO 22 102 660 784 LIRA 28 159 2139 2326 MOROTO 11 46 216 273 MOYO 8 24 158 190 NAKAPIRIPIRIT 10 42 1283 1335 NEBBI 19 87 1296 1402 PADER 18 73 1044 1135 YUMBE 8 42 324 374 TOTAL 231 1172 12 510

GRAND TOTAL 13913

Source: Office of the Prime Minister of Uganda, 2005 OKOT ALFRED OCHEN 108

Appendix B: LETTER OF INVITATION:

Alfred Okot Ochen, 1009 Lodge Avenue, Victoria, BC, V8X 3B1 Canada Email: Tel: Dear Sir/Madam I would like to invite you to be part of a research project on comparative analysis of conflict resolution processes for land claim settlement in post armed conflict Northern Uganda. This project is part of the requirement for a Masters Degree in Conflict Analysis and Management studies at Royal Roads University, Victoria, BC. For more details about my credentials you can contact Dr.John Radford, PHD and Dr.Fred Oster PHD, MACAM, Peace and Conflict studies faculty. The objective of my research study is to explore and analyse the various land Disputes Resolution mechanisms being applied in the post armed conflict Northern Uganda. All responses from participants are anonymous, which means that I will not connect any person’s name with the information obtained from that person. All information reviewed and collected will be held in strictest confidence .Your identity will remain confidential. No personal Information such as your name, postal address, telephone, occupation, clan/family or other individual identifying will be revealed to other participants, nor will it be published. In addition to submitting my final report to Royal Roads University in partial fulfillment for a Masters Degree in Conflict Analysis And Management, I will also share my research results with the Amuru local district/government .These research findings may be used by the post armed conflicts region of Uganda, in resolving delicate resource based issues among the local communities. At the conclusion of my research interviews, I will have a formal debriefing with the local community/district leaders regarding feature cooperation/contacts between the OKOT ALFRED OCHEN 109 researcher and the community members. Please feel free to contact me at any time regarding this research study and its findings The research study is voluntary, you are free to withdraw at any time and you do not need anyone’s permission to do so. And if you choose to take part in this project, this information will also be kept in confidence. Please if you have some concerns regarding this project, please feel free to contact me at any time. Yours Sincerely, Alfred Okot Ochen, MA Candidate.

Appendix C: Letter of Informed consent:

Project Leader: Alfred Okot Ochen Project Supervisor: Dr.John Radford, PHD Project Title: Comparative Analysis of Conflict Resolution process for land claim settlement in post armed conflict Northern Uganda. . Purpose of project: The proposed Major Research project will be conducted among the Internally Displaced Returnees. The purpose of this project is to carry out a comparative analysis on the traditional alternative dispute Resolution process and the formal court justice system in the post armed conflict Northern Uganda. The main objective of this study is to explore/provide the local displaced returnees with hybrid alternative dispute resolution mechanisms in resolving land claims, ownership and allocation in the post armed conflict Northern Uganda.

Procedure for Participants: OKOT ALFRED OCHEN 110

You are invited to participate in a research project, that Iam conducting as part of my MA in Conflict Analysis and Management at Royal Roads University, in British Columbia, Canada.Dr John Radford is the academic advisor for this project. The goal of this project is to explore the most convenient dispute resolution mechanisms, while resolving resourced based conflicts such as land claims, ownership and allocation. The researcher would like to know/examine the experiences of the internally displaced returnees/people while using the various conflict resolution mechanisms in Amuru district, Northern Uganda. All these will be achieved through conducting interviews among the Internally Displaced Returnees in various sub counties in Amuru district. Risk/Benefits The foundation of this research will be based on the responses from participants. Therefore the researcher would recommend that your responses accurately reflect your opinions.Particiaption in this project may lead to a greater understanding of the benefits attributed to effective dispute resolution mechanisms/tools in managing incompatible issues within the community. Your participation would help in designing whole inclusive hybrid dispute resolution mechanisms that can be applied in mitigating conflicts among the internally displaced people. Protection of confidentiality: Your participation is strictly voluntary. You may withdraw from this project at anytime. All responses from participants are anonymous. All information reviewed and collected will be held in strictest confidence .Your identity will remain confidential. No personal Information such as your name, postal address, telephone, occupation, clan/family or other individual identifying will be revealed to other participants, nor will it be published. I shall retain all the information collected until the Research Project has been approved by Royal Roads University .The Internally Displaced people in Amuru district may request to be informed of the results of the research project.

Participation Requirements: All interview questions have to be answered there and then. OKOT ALFRED OCHEN 111

Your signature below will indicate your understanding and agreement of the terms of your participation in this project.

Sincerely Alfred Okot Ochen OKOT ALFRED OCHEN 112

Appendix D: RESEARCH QUESTIONS

1-Land Claim expectations: 1.1 How do you feel about your return to your ancestral home? 1.2 Do have any concerns about returning to your ancestral land? 1.3 What are your expectations on land use and ownership? (What are your expectations as an internally displaced returnee?) 1.4 What steps have you taken in regard to achieving your land use/ownership expectations? 1.5 What has been your experience in attempting to achieve your land use/ownership expectations? 1.6 Have your expectations on land use/ownership changed? 1.7 If your perception on land conflict has changed, how has it changed?

2. Land Justice System: 2.1 Do you understand the land justice system? 2.2 How will the land justice system help you achieve those expectations?

3. Knowledge of Land Ownership and Land Rights: 3.1 What is your understanding of land ownership/use 3.2 Do this type of land ownership have a name 3.3 Is this different to land ownership in other parts of Northern Uganda? 3.4 Do you know your land rights? 3.5 What aresomeof yourlandrights? 3.6 How do you convince others that this is your piece of land? 3.7 What do you do if you fail to convince a person that is family land?

4. Land Claim Conflict: 4.1 What will prevent you from achieving your land use and ownership expectations? OKOT ALFRED OCHEN 113

4.2 Are you aware of the options for dealing with the conflict/problems that will get in the way of achieving you’re your expectations? 4.3 Do these options have a name? What is it? 4.4 What have you heard about how effective these options are? 4.5 Who told you about this and what was their experience? 4.6 What is your experience in the whole conflict resolution process? 4.7 Have you ever gone through the conflict resolution process? 4.8 Are you aware of anyone who has gone through this process? 4.9 What are some of the challenges that you are facing in seeking fair hearing? 4.10 How will the Alternative dispute resolution/formal courts help you achieve these expectations? 4.11 How effective has the local council courts been in addressing land issues? 4.12 Who do you think can help in addressing some of these issues? 4.13 What do you think made those in charge to embrace the current approach in resolving the incompatible issues? OKOT ALFRED OCHEN 114

Appendix E: TRANSLATED VERSION OF RESEARCH QUESTIONS IN ACHOLI

LAPENY ME KWED 1. Gen me dok iwii obur: 1.1 In itamo ni ngo i lok kom dok I wi obur ni? 1.2 I tye ki lworo mogo onyo akalakala mogo i lok kom dok i wi obu ni? 1.3 Ka i dok kono, i geno ni i bi timo ngo ki ngom ni? 1.4 Yoo ango ma dong i temo me cobo gene eno ni? 1.5 Yoo man oworo nining? 1.6 Gen ni i kom tic ki ngom dong oloke oko keje pud tye acel ni? 1.7 Ka tam ni oloke i lok kom lweny pi ngom, oloke dong ocung ka kwene?

2. Cik me ngom: 2.1 Iniang lok me cik me ngom? 2.2 Itamo ni cik man me ngom twero mini gen man nining? 3. Ngec me loc ki twero me ngom 3.1 Ngec ni I kom bedo ki ngom onyo tic ki ngom tye nining? 3.2 Lakodi bedo ki ngom man ki lwongo ni ngo? 3.3 Apoka poka mo tye ki tung ku malo me Uganda mukene I lok kom bedo ki ngom? 3.4 In ingeyo twero ni i lok kom ngom? 3.5 Twero ni i lok kom ngom ango ma i ngeyo? 3.6 Lanyut ango ma nyutu ni ngom moni megi? 3.7 Ka ngat mo ocero lok i kom ngom ni ,i timo ngo? 4. Lara Ngom: 4.1 Gin ango ma romo gengo in bedo i ngom ni onyo tic ki ngom ni? 4.2 I tye ki ngec ikom yoo ma padi padi me copo ayela yela i kom ngom? 4.3 Yoo egini ma padi padi ni tye ki nying? Ka tye, ci nying angoo? 4. 4 Yoo me laro lok i kom ngom, ki cobo lok ne maber keje ku? 4.5 Anga ma owaci i kom yoo magi bene dok gin ongeyo nining? OKOT ALFRED OCHEN 115

4.6 I lok kom laaro lok i kom ngom, gwok i bedo iye ba? 4.7 Onyo nino mo gwok ibedo i lok kom laro lok ikom ngom ba? 4.8 In ingeyo ngato moo ma kilaro ngom i kome? 4.9 Peko ango matye ma weko laaro lok ma atir pebedo tye? 4.10 I tamo ni kot pa gamente obi konyi ni ning? 4.11 Tic pa kot pa Lc kono tye atir keje ku? 4.12 Anga ma in itamo ni romo juku peko man me ngom ni? 4.13 Gin ango ma in itamo oweko lutela matin gin maro yoo me Lc me jwiko peko me laara ngom?