Illegal Land Seizure Relied on Forged Title and Bribes, CW Activist Says

Catholic Worker activist Elizabeth Nakiwolo continues to recover from her 80-day extralegal detention after being released last week. Nakiwolo and three other land rights activists, including Uganda Catholic Worker founder Michael Setikoleko, had been detained without access to legal representation, formal charges, or a court hearing following their meeting with the residents of Kiganzi village.

The villagers had been informed that they needed to leave their homes and fields after an individual came forward claiming to be the rightful owner of their land. The activists had met with the villagers to explain their legal rights so they could challenge the eviction.

Nakiwolo returned to her home in Kiboga last week, reunited with her three children, after Setikoleko was able to pay the extralegal “fine” required for her release. Thanks to donations from the readers of the Roundtable newsletter, she has been receiving treatment for several medical conditions she developed while in detention. She also paid three months’ rent that was past due, paid three months’ rent in advance, paid her children’s overdue school fees, and paid their school fees for the upcoming term.

Related: Ugandan Activist Returns Home After Being Illegally Detained 80 Days for Land Seizure Action

Meanwhile, Setikoleko provided additional details about the situation in Kiganzi, where 37 families have lost their homes and access to their livelihood.

After hearing that someone had come forward claiming ownership of the land occupied by the village, the activists met with the villagers to explain their rights under Ugandan law.

“Our goal was clear,” Setikoleko explained in a WhatsApp message this week. “We wanted the people to know that the land grab was illegal and that they had rights under the law.”

The 45 acres of land under dispute had been subdivided into smaller portions, generally just a few acres per family. The dispute arose when an individual approached the villagers with a “mother” title to the entire 45 acres.

Setikoleko identified the individual as John Mukasa—the same person registered as the complainant on police paperwork charging Sekitoleko with “unlawful society” and “inciting violence” in relation to the incident. Mukasa was likely working on behalf of another entity, Setikoleko said.

“These people falsified documents and they duplicated a title deed,” he said. “They came, presented the title deed, claiming to be the rightful owners of the land, and (said) that the people…occupying the land are illegal squatters.”

If the mother title were genuine, it would supercede the title deeds held by the farmers for their subdivided parcels. But the activists were able to locate the original mother title deed for the land.

“These people came…claiming that their mother title has never been touched, there is no subdivision that has ever been done on that mother title,” Setikoleko said.

Mukasa came with a court order that Setikoleko believes was either forged or obtained with a bribe. With backing from the local authorities, he demanded the villagers vacate the land immediately.

The insistence on the villagers’ immediate evacuation from the land was a red flag, Setikoleko said. In Uganda, land conflicts are governed by a mix of statutory law, customary law, and case law, with the Land Act of 1998 being one of the key legal instruments. In general, if individuals have occupied the land continuously, openly, and without challenge from the registered owner for an extended period of time, they may be considered a bona fide occupant, allowing them to apply for a certificate of occupancy.

Such lawful occupants cannot be arbitrarily evicted. Instead, any eviction must follow due process, which includes compensation to the occupants for the value of their land improvements, resettlement, loss of livelihood, and the social impact of displacement.

“If it is found out that somebody has been squatting on your land for a considerable period of time, and this somebody has been using the land… the law is very clear,” Setikoleko said. “If you want them to go away, you need to sit with them and then compensate them…for their home so that they can start off elsewhere. Alright? Not just kicking people off the land as if you are sweeping off rubbish or something.”

Setikoleko, who has been involved in land rights advocacy several times before, stresses the importance of hiring professional valuers to ensure fair compensation, as land grabbers often offer “peanuts” to unknowing villagers who are desperate to keep their homes and livelihoods intact.

But in this particular case, the rightful owner of the 45 acre parcel was able to produce the mother title, which dated back 40 years, Setikoleko said. The title produced by Mukasa was two years old.

“Definitely the one that is dated two years back is a fake title deed,” he said. “So every indication was in place to indicate that these people were fake. These were criminals trying to take advantage of people’s life of simplicity, ignorance of the law, their poverty and everything to grab their land for their own personal gain.”

This is the information that Setikoleko, Nakiwolo, and the other activists were providing to the villagers when they were arrested by local police and unlawfully detained.

“People should know their rights, because when you know your rights, it is easy for you to face and handle challenges like those,” he said. “You know, you will be empowered to face the challenge and with that empowerment, you stand a better chance of making proper informed decisions.”

Cover photo: A farmer examines climbing beans in southwest Uganda.
Photo Credit: ©2009CIAT/NeilPalmer. Used with permission.