Access to justice in forced land eviction, Central Uganda The use of law amongst other means and...
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Transcript of Access to justice in forced land eviction, Central Uganda The use of law amongst other means and...
Access to justice in forced land eviction, Central Uganda
The use of law amongst other means and access to justice
Ezrah Schraven – Wageningen University
Research Question How do people displaced by unlawful eviction try to deal with their
situation, and why?
What do they perceive to be the best way to deal with their situation? Is this what they actually try? And if not, why not? What moves people to choose certain strategies and what does this tell us
about their society, about access to justice and about the cultural setting?
Research preparation - Theory- Methodology - Data Analysis - Conclusions
Theory Actor oriented approach - Norman Long
The actor oriented approach allowed me to take in account different angles and different parties within the conflict. It allowed for diverse factors, economical, social, political and cultural to surface in my research.
Access to justice research & literature - Anderson, Bedner & Vel.
Research preparation - Theory – Methodology - Data - Analysis - Conclusions
Methodology
Ethnography
Interviews
Local sources & Makerere
Network, network network
Research preparation - Theory - Methodology - Data - Analysis - Conclusions
People I did not talk to:
Representatives of enforcement like military and police:
Ministry of Lands
People victim to state involved landgrab that had moved out of the area.
Representatives of parties initiating landgrab
Research preparation - Theory - Methodology - Data - Analysis - Conclusions
General people
Land brokers
Local government officials
NGO’s working on landgrabbing
Victims of landgrabbing by the state, the landlord and family
Choice of research respondents
Research Data
Unlawful land eviction
- State
- Landlord
- Family
Research preparation - Theory - Methodology - Data - Analysis - Conclusions
Research Data
Research preparation - Theory - Methodology - Data - Analysis - Conclusions
Mubende case In the Mubende case people had been living on the land in question for
decades. After a sudden and violent eviction people tried to defend themselves
by starting a court case after the expertise, moral and final support was secured by NGO’s.
Despite this aid many of the community had no or little knowledge about court procedures and wrong estimations of the duration of the court proceedings lead to much frustration and desperation of the villagers.
There is talk of compensation, but it has not reached most of the community.
Justice delayed is justice denied: The court process has been manipulated and has been dragging on for over 10 years now.
People still feel the need to be compensated for their losses because of personal needs and because they feel they have been dealt with in an unjust manner.
Research Data
Research preparation - Theory - Methodology - Data - Analysis - Conclusions
Benet case
Traditional ownership, no land titles. People rejected the displacement by returning to their
lands and by protesting. A court case was started on the matter when the people
gained access to expertise, moral and financial support. Positive court decision: court ordered damaged should
be paid in social services, and people should get access to their land again
Court order not honored by the loosing party. Enforcement of this ruling has not taken place (perhaps
since the loosing part has a monopoly on enforcement)
Analysis
Research preparation - Theory - Methodology - Data - Analysis - Conclusions Bedner & Vel 2011. Available online: http://www2.warwick.ac.uk/fac/soc/law/elj/lgd/2010_1/bedner_vel/
Analysis
Research preparation - Theory - Methodology - Data - Analysis - Conclusions
- Problem Land eviction
- Awareness wrongdoing
- Categorizing violation rights
- Defining Grievances which rights
- Exploring available (legal) repertoire where to go (LC court etc.)
- Access to forum of redress
- Handling grievances sound court procedure
- Redress enforcement
Bedner & Vel 2011. Available online: http://www2.warwick.ac.uk/fac/soc/law/elj/lgd/2010_1/bedner_vel/
Analysis
Research preparation - Theory - Methodology - Data - Analysis - Conclusions
Awareness of violation ‘they cant do this’ Sense of injustice (Lynn Hunt)
Awareness of rightsNo specific knowledge on
rights &limited accessAwareness shows in seeking
(landlord/family) In case of the state: to let go
Analysis
Access to justice boils down to:
Safety Power of the opposite party Corruption
Government interest Functioning institutions Corruption (Lack of) knowledge Financial resources (Access to) land titles Confusion tenure systems
usedResearch preparation - Theory - Methodology - Data - Analysis - Conclusions
People seek: Survival and justice
Analysis
Research preparation - Theory - Methodology - Data - Analysis - Conclusions
Functioning institutions Functioning government Functioning legal apparatus Functioning enforcement
Knowledge Sensitizing about formalities Sensitizing about procedures Access to knowledge (location/language)
Financial resources Formalities Travel/access Procedures
Safety
Concluding
Awareness is there: forum shopping
Safety is a key issue
State interest needs to be geared towards population
State interest is connected to knowledge, corruption, financial restrain
Actions depend on socio economic status & safety: No action, witchcraft, mob justice, minor legal action, court
Result: in government conflict: non ..
Research preparation - Theory – Methodology - Data - Analysis - Conclusions