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Owned Spaces and Shared Places: Refugee Access to Livelihoods and Housing, Land, and Property in Uganda, September 2019

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SUMMARY

Issues of Housing, Land, and Property (HLP) are complicated in Uganda, with its multiple land tenure systems, histories of displacement, and overburdened dispute resolution bodies. Ugandan citizens are challenged by this, and refugees are as well. Refugees in Uganda, both in urban areas and in designated refugee settlements, face additional challenges accessing HLP; they are often living in poor conditions, might be dealing with disputes, and they tend to have limited knowledge of their rights.

REACH, in conjunction with the Norwegian Refugee Council (NRC), conducted research on these issues, in order to develop a response-wide understanding of refugees’ relationship with HLP rights in Uganda, and their impact on potential durable solutions and livelihoods, so as to inform the refugee response. This mixed-methods assessment involved 3,164 household-level surveys, 97 focus group discussions (FGDs), and 86 key informant interviews (KIIs) that were conducted from 3 December 2018 to 15 March 2019. The household survey focused entirely on refugee households, while the FGDs were conducted with both refugees and host community members. The KIIs targeted refugee response leadership at the district level, district local government officials, and lead humanitarian partners working in the protection, shelter, and livelihoods sectors. This research covered refugee populations living in 30 refugee settlements across 11 districts, as well as select refugee hosting divisions of Kampala.

Findings indicate that refugees in Uganda face issues with poor shelters, limited access to sufficient agricultural land, and ongoing disputes related to land and resources. Formal agreements and written documentation authorizing ownership or access to land are uncommon, raising fears of evictions and confiscation of crops. The lack of access to sufficient land limits agricultural subsistence and livelihoods, and in some cases instigates refugees to move as they seek fertile soil and other income opportunities. Households headed by women, and especially those headed by widows, face greater challenges, both in accessing HLP and in resolving HLP issues. Host community members face similar issues, which are sometimes exacerbated by the influx of refugees in certain areas.

Housing in the refugee settlements was designed to be temporary, and thus ends up quickly dilapidating, with leaking roofs and other types of structural damage. Households in the refugee settlements reportedly had access to housing, typically through structures they had built themselves (96%), but many of these were damaged (65%), and a lack of money often hindered their repair. Attempts to repair them using natural material often resulted in disputes with host community members. In Kampala, nearly all refugees were found to rent their accommodation (99%), and nearly a third of Kampala households reported visible wastewater in the vicinity of their housing during the 30 days prior to the assessment (29%).

Nearly all households in the refugee settlements reported having access to land (98%), primarily the land surrounding their shelter plot (93% of those accessing land). Most land was used for agriculture (72% of households accessing land around their shelters), though most households that cultivated land reported that the land was not sufficient to provide food for their entire household (88%), either because it was too small or ill-suited for crops. Of the land accessed outside of the shelter plots (13% of households), most was provided by OPM/UNHCR (59%), though a third was rented from other refugees or host community members (35%). In Kampala, some households had access to land around their shelter (28%), but few used it for any specific purpose, and nearly none accessed land outside their shelter plot (2%).

The majority of households in the refugee settlements possessed one or more assets or property (63%), such as livestock, solar panels, or bicycles, but only a quarter of households reported having property that enabled income generating activities (26%). A number of households reported having motorcycles, but some were unable to use them, for fear of having them confiscated by authorities. In Kampala, much fewer households as compared to those living in refugee settlements had property (18%), such as structures, sewing machines or vehicles, and very few reported having property that helped them to generate an income (10%).

Few households had formal agreements or documentation to secure their access to HLP. Of the 5% of households that accessed the land around their shelter through renting, owning, or freely with the owner’s permission, only 15% reported having a formal agreement to do so. Of the land in the refugee settlements outside of the shelter plot that was accessed through renting, owning, or freely with the owner’s permission, households had a formal agreement for only 10% of it.

In Kampala, a quarter of the 99% of households renting their housing had no documentation to prove ownership or legal occupancy of their shelter (24%). Many refugees reported being unaware about their rights and rules around land ownership, with some purchasing land in informal, often illegal ways.

This lack of formal agreements and documentation reportedly led to disputes, and increased fears of asset confiscation and evictions, both from housing and from land. Of the 2% of households in the refugee settlements that rented their shelter, 58% reported perceiving being at risk of eviction in the next six months. A quarter of Kampala households felt at risk of eviction in the next six months (26%). Evictions from rented agricultural land was often reported, sometimes after land had been cleared, planted, or even just before harvest.

Nearly a third of households in the refugee settlements in Uganda reported having faced grievances or challenges related to HLP since they arrived (30%); this was higher in Adjumani District (69%) than anywhere else. The most common issues nationwide were unsuitable land and theft, with destruction of HLP, especially crops eaten by livestock, also reported in many locations. The parties involved most typically included OPM/UNHCR (43% of issues), other refugees (28% of issues), and family members (25%) of issues. The majority of households with challenges attempted to resolve them (63%), typically through the Refugee Welfare Committees (RWC) or OPM/UNHCR help desks, and half of those reported finding resolution (52%).

Unsuitable land was often cited as a cause for moving. However, it was also reported that the lack of fertile soil in the refugee settlements in the Northwest (West Nile) actually reduced land disputes, because the rocky, sandy or swampy land was perceived as not worth fighting over.
Few households in Kampala reported facing grievances or challenges related to HLP since they arrived (14%). Of those that did, the most common issues were related to eviction, payments, and theft, and most typically involved host community members. The majority of HLP issues were attempted to be resolved (67%), typically with support from family members or Local Councils (LCs). Most issues were reportedly successfully resolved (62%).

The influx of refugees in Uganda has also caused HLP issues for some host community members, on top of pre-existing issues in most areas. Many host community members claimed that their community had not received any form of compensation for the land allocated for the refugee settlements. KIs relayed that there is a lack of transparency on where the host community funds go, and that the most affected host community members may have access to some services in the refugee settlements, but do not always see improvements within their own communities. There was also frequent mention of disputes when livestock destroys crops. In some areas, host community members described longerterm HLP issues, including poor construction standards, lack of land due to overpopulation, and boundary disputes because of previous displacement crises. In the Northwest, many host community members reported lacking documentation for their land.

There are differences in terms of access, experience, and issues relating to HLP for male and female refugees. Femaleheaded households were less likely to report their shelter to be affordable (9% vs. 18% for male-headed households), and more likely to report it being damaged (69% vs. 59% for male-headed households). Households headed by widows/widowers (95% of whom were females) were even more likely to report having faced HLP challenges (40% compared to 27% for households headed by people who were married, single or divorced)

Access to HLP impacts refugees’ potential for sustainable livelihoods and decisions about movement in Uganda. Most households had at least one member earning an income, which was the case both in refugee settlements (80%) and in Kampala (74%). The primary source of income reported by households was typically cash assistance (28%) or the sale of humanitarian non-cash assistance (19%) in the refugee settlements, and remittances in Kampala (31%). Essentially all households reported challenges in earning enough money (100% in refugee settlements and 97% in Kampala). This was mostly caused by a reported lack of credit and lack of work opportunities. During FGDs in the refugee settlements, participants reported that some land disputes were caused by people relocating to plots closer to roads, because it was perceived that there were more work opportunities there.

In terms of access to sustainable livelihoods, many households described having members with prior skills, most commonly farming, followed by livestock rearing for men and domestic work for women. However, some households reported having no members with any working skills, particularly those in the Midwest (18% for men and 15% for women). Households in Kampala were much less likely to attribute farming skills to any of their members, and described fewer skills held by male members than those in the refugee settlements. Female members of Kampala households were primarily reported to have skills related to domestic work.

The skills that households in the refugee settlements were most interested in obtaining for male members were driving, farming or mechanics skills. Tailoring and hairdressing were reported as the most desired skills to gain for female household members. In Rwamwanja, the desire to develop livestock rearing skills were particularly high for both sexes.

In Kampala, the most commonly cited aspiration for men was learning computer skills, becoming a driver, or an electrician. For women in surveyed households in Kampala, the aspiration to develop skills in sales, computers, and cooking were most commonly reported.

There were relatively few reports of household members moving to other locations in Uganda: 11% of households in the settlements reported at least one member moving, compared to 8% of households in Kampala. From the refugee settlements, this movement was typically to an urban area (41%), followed by other refugee settlements (28%), but with significant regional variation. Movement from the refugee settlements was typically to access schools or to join family members. Movement from Kampala was most often done to join family members or to seek improved security.

Few households had members planning to move to another location in Uganda in the six months after the assessment (3% in the refugee settlements and 10% in Kampala). Future movement was slightly more likely in Kampala, with FGD participants describing a desire to return to the refugee settlements because the free provision of housing, food, and health and education services were perceived to lead to better living conditions. Safety, access to services and access to employment were all major factors in deciding where and whether to move.