Government and civil society institutions in Uganda face a choice between open source and proprietary software solutions to register customary land across the country. While this is not a critical decision, it is an important one that extends beyond land governance with broad implications. Open source and proprietary software each offer distinct advantages and challenges relevant not only in Uganda, but across Africa and beyond.
Proprietary software is software that is owned by an individual or company and distributed under a restrictive license, limiting use, modification and distribution. Open source software is usually developed through open collaboration with a source code [1] openly accessible under a permissive license that allows users to freely use, modify and distribute the software, including in proprietary projects. Restrictions are usually minimal, requiring only attribution to the original authors and inclusion of the license in redistributed versions.
The Uganda National Land Information System (UgNLIS) [2] is one of the most comprehensive land information systems in Africa. Developed by the French company IGN FI [3] over nearly two decades in close collaboration with Innola Solutions [4] and GEOFIT [5] supported by the World Bank. The UgNLIS is based on open-source tools developed specifically for the Government of Uganda that has access to the source code to maintain the UgNLIS. Tremendous resources were required for training and capacity building to establish and maintain the system.
The UgNLIS now contains approximately 1.2 million land titles that account for around 20 percent of the land in Uganda. Costs associated with surveying present a bottleneck to the registration of land under freehold, leasehold and mailo titles—a form of freehold established in central Uganda during the colonial period.
The remaining 80 percent of land remains unregistered; managed under customary tenure that is legally recognized on equal footing with freehold tenure in Uganda’s 1995 Constitution [6] and the 1998 Land Act [7]. These legislative frameworks establish the process for securing certificates of customary ownership (CCOs) [8] for land held under customary tenure that does not require costly surveying processes. The issuance of CCOs involves local government and sub-county authorities to increase accessibility and accountability at local levels.
Over the years, Uganda has implemented reforms using emerging technologies to collect data for customary land registration. A series of programs have focused on enhancing local government including the Area Land Committees (ALCs) [9] at the sub-county level through district land officers and District Land Boards (DLBs) [10] at the district level, to national government with the Ministry of Lands, Housing and Urban Development (MLHUD) [11].
These efforts have improved land governance across the country. Different solutions including the open-source Open Tenure from the FAO’s Solutions for Open Land Administration (SOLA) Suite [12] and the Social Tenure Domain Model (STDM) [13] developed by GLTN/UN Habitat [14] have been instrumental in supporting pro-poor, participatory land administration systems. These tools are primarily open-source, meaning their source code is freely available for customization to local needs.
The Cadastre and Rights Inventory Saving Paper (CRISP) [15] software, developed by the German development agency- GIZ [16] is another open-source solution developed and utilized to register customary land in Uganda. Similar software was also developed to capture data and information for the registration of freehold titles under the World Bank-supported Systematic Land Adjudication and Certification (SLAAC) project [17].
Open-source platforms offer key advantages such as flexibility, transparency and the ability to collaborate on software customization to fit the specific needs of a country’s legal and administrative frameworks. However, a major challenge with open-source software is the need for specialized technical expertise to maintain, adapt and update the systems. These skills are usually scarce in developing contexts, raising concerns associated with sustainability. Without strong long-term technical and established workforce, and the resources to sustain these, the viability of such systems can be compromised, particularly as software continues to evolve over time.
The option is a proprietary software solution such as the customized version of Esri’s ArcGIS [18] used by the US-based social enterprise Cadasta Foundation, [19] that offers benefits including comprehensive out-of-the-box functionalities, reliable vendor support and regular security updates. These features are crucial in environments such as Uganda, where reliable support is necessary to minimize system downtimes and ensure the continued operation of land administration processes. Proprietary systems usually come with the assurance of timely updates and troubleshooting that substantially reduce risks associated with system failures in a critical sector such as land governance.
Proprietary software does come at a cost; comprising the initial licensing fees and ongoing costs for system updates and support. These expenses may limit the scalability of land information systems, especially in countries with constrained budgets. Proprietary systems are typically less flexible in adapting to a country’s unique regulatory requirements that could hinder long-term sustainability as administrative needs change over time.
Despite these limitations, proprietary solutions have proven to be effective in sectors where security, reliability and continuous support are paramount such as in military and defense applications. The majority of governments rely on proprietary systems such as Microsoft Windows [20] and Oracle [21]. Others utilize proprietary systems for telecommunications and critical infrastructure. While open-source systems do not usually have sophisticated layers of security associated with proprietary systems, the potential risks associated with national sovereignty and dependency on external entities for managing sensitive data make open-source software an appealing alternative in some contexts. Open-source solutions allow for greater transparency and control with the added benefit of facilitating collaboration and customization not bound by vendor constraints.
Perhaps the single most important factor is that all the systems developed to capture land registration data and information are interoperable or harmonized with the UgNLIS. This is absolutely critical to ensure that all registered land can be entered into the UgNLIS utilizing the established data exchange format to be stored and managed in the Government’s central data base.
The ultimate decision between open-source and proprietary solutions for Uganda’s land governance depends on the context and the specific needs and priorities of the users. While open-source software offers transparency, customization and cost-effectiveness, it requires a high level of technical expertise not readily available in Uganda. Proprietary solutions, on the other hand, provide robust support and out-of-the-box features, but come with costs and limited flexibility.
A hybrid approach that combines the strengths of both models may offer a more balanced solution, ensuring both sustainability and the adaptability necessary for Uganda’s evolving land governance needs. The ability to leverage open-source software for customization, while utilizing proprietary solutions for their support and functionality could contribute to the development of a robust, transparent and cost-effective land administration system in Uganda. Striking the right balance is crucial to ensure the long-term success and sustainability of the Country’s digital land registration efforts.
Stakeholders in Uganda must carefully assess the strengths and weaknesses of both open-source and proprietary software solutions in the quest for an effective digitized land registration and administration system. Open-source software offers significant cost benefits, flexibility and transparency, but it requires ongoing technical expertise and resources. Proprietary software offers stability, vendor support and ready-made solutions, but comes with higher costs and potential limitations adapting to local needs. A hybrid approach could provide the flexibility and sustainability needed to build a land administration system that meets Uganda’s long-term development goals.
Christopher Burke, Senior Advisor, WMC Africa
