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A Comparative Analysis of Land Tenure Law Reform in Uganda and Papua New Guinea [2007] JSPL 7; (2007) 11(1) Journal of South Pacific Law 39

A Comparative Analysis of Land Tenure Law
Reform in Uganda and Papua New Guinea[∗]

JOHN MUGAMBWA^[†]

INTRODUCTION

In 1953 the British Colonial Government established a Royal Commission to investigate and recommend ways for the promotion of economic development in Britain’s east African colonies. After more than two years of investigation, the Commission in its report identified customary land tenure as one of the major constraints on economic development in the region.^[1] It recommended a gradual replacement of customary land tenure by individual ownership of land. Since then, debate has moved backwards and forwards in Africa and the South Pacific nations (and other developing nations) as to whether customary land tenure is indeed one of the principle obstacles to agricultural or economic advancement and whether individual titles to land was the way forward.^[2] To a certain extent, it may be said that this is a tired debate, yet it has refused to go away. Literature and reports by eminent economists, political scientists, social-anthropologists and experts from other disciplines point in different directions. The World Bank, which for decades had been urging developing nations to reform customary land tenure, in its 2003 report concedes that customary land tenure does not necessarily impede economic development and that it is possible to achieve economic development under customary land tenure. The report, however, does not completely exonerate customary land tenure in this regard.^[3]