Uganda: Law of the Land - Land Grabs Threaten Local Livelihoods in Uganda
By Tom Balemesa, 29 November 2012
analysis
In large-scale land acquisitions, local communities are often insufficiently
compensated, under-consulted, and left with their livelihoods threatened.
With 86.7% of Ugandans living in rural areas and primarily relying on
agriculture for their livelihoods, the
<
http://farmlandgrab.org/post/view/21303> increasing frequency of
large-scale acquisitions of land is threatening the lives of many.
Residents are often evicted from the ground on which they rely for food and
revenue without sufficient compensation, and their complaints typically fall
on deaf ears.
For many, the effects are also not just economic but an issue of identity
as, for example, customary systems promote the ownership of land at a
communal level and create community cohesion.
Land in Uganda is <
http://www.ugandaembassy.com/Constitution_of_Uganda.pdf>
constitutionally protected, which should ensure the defence of peoples' land
and adequate compensation for any land lost. This is bolstered by the 1965
Land Acquisition Act and the 1998 Land Act.
But despite these provisions, many people still suffer from forced
displacement, inadequate compensation and uncertainty around land
acquisition procedures.
Although these so-called 'land grabs' violate national laws and
international investment standards, the practice seems to have been
increasing in Uganda and worldwide over the last decade, with at least 203
million hectares globally changing hands in around 2,000 mainly secretive
land deals.
The law of the land
Why do such land disputes arise in the first place? External actors often
need large swathes of land for development projects such as dams,
plantations and infrastructure.
It is also sometimes claimed that foreign governments aiming to secure their
own food supplies and companies aiming to profit from growing biofuels are
driving this trend, each aiming to gain a share of increasingly scarce land
resources.
Some project stakeholders are brazenly unapologetic towards local
populations and feel that laws protecting them have gone too far.
Responding to criticisms of the Bujagali Interconnection Project of
constructing high-voltage transmission lines, Projects Implementation
Manager Makuba Dennis
<
http://www.independent.co.ug/business/business-news/701-bujagali-power-proj
ect-under-threat-over-compensation> claimed: "The 1998 land law seems to
have given land owners a lot of rights on their land and as a result they
are coming out with all kinds of complications to make a fortune overnight."
Profit over populations
Indeed, it is not uncommon for corporations to downplay or dismiss the
difficulties faced by displaced populations though they are very real.
The Bujagali Interconnection Project, completed in 2012 and costing
<
http://www.observer.ug/index.php?option=com_content&view=article&id=20137%3
Auetcl-to-expand-power-grid-&catid=38%3Abusiness&Itemid=68> $230 million
came under threat over issues of compensation with those displaced.
In one incident, workers were
<
http://www.independent.co.ug/business/business-news/701-bujagali-power-proj
ect-under-threat-over-compensation> chased away by angry villagers claiming
that work was being started before adequate compensation had been provided.
The
<
http://www.independent.co.ug/business/business-news/701-bujagali-power-proj
ect-under-threat-over-compensation> relocation plans were deemed inadequate,
and former inhabitants complained of being treated like refugees and being
moved to poor quality housing in remote rural areas, without running water
or electricity.
Another common concern among communities is a lack of consultation over
proposed projects. Such grievances have been levelled at the
<
http://ecologicalequity.wordpress.com/themes/stories-of-right-stories-of-mi
ght/unsunstainable-production-economic-development-evil-versus-the-rights-of
-peoples/> Kalangala oil palm project, a programme initiated by the Ugandan
government. In this instance, there were claims of human rights violations
and violations of the land rights of indigenous peoples and local
communities.
Yet the comparative bargaining power of uprooted locals against governments
and corporations is weak.
Displaced communities are often helpless against the will of the government
or large organisations,
<
http://www.independent.co.ug/cover-story/5725-world-bank-under-attack-for-a
iding-land-grabs-in-uganda> including the World Bank, and reports have
emerged of protestors being subject to
<
http://ecologicalequity.wordpress.com/themes/stories-of-right-stories-of-mi
ght/unsunstainable-production-economic-development-evil-versus-the-rights-of
-peoples/> beatings. All too often, it is the most vulnerable of populations
that are exploited in the process of large-scale land acquisitions.
This was shown in Uganda's largest and most modern coffee farm - the Kaweri
Coffee Plantation in Mubende district. In this case, the Neumann Kaffee
Gruppe (NKG) was
<
http://www.observer.ug/index.php?option=com_content&view=article&id=4390:co
ffee-investor-accused-of-evicting-400-peasants> accused of unlawfully
evicting farmers from their land. Over 2,000 people were said to have been
forcibly evicted and denied adequate compensation.
Similarly, an upcoming hydropower project in Kiryadongo district will affect
<
http://allafrica.com/stories/201207100789.html> 414 families. In this
instance, the
<
http://www.monitor.co.ug/News/National/Court-orders-re-evaluation-of-Karuma
-dam-project-bids/-/688334/1626360/-/avatj6/-/index.html> controversial
project was threatened when 300 locals
<
http://www.monitor.co.ug/News/National/Karuma-residents-refuse-to-leave-pro
ject-site/-/688334/1448696/-/13ovbwf/-/index.html> refused to vacate their
land, claiming that compensation was only covering the loss of crops rather
than the loss of land.
Rural populations and development prospects
The contentious nature of land acquisition is brought into sharp focus by
the large proportion of the Ugandan population living in rural areas, and
the dependence on agriculture for the maintenance of livelihoods.
Ultimately, human rights at stake in favour of economic growth - economic
growth that comes at the immediate expense of the population.
Development and large-scale infrastructure projects have the potential to
benefit both the economy and the people of Uganda, but it is clear that more
transparency and consultation are needed in order to minimise the plight of
local populations.
The land rights of citizens are recognised in various mechanisms, but at
present, a disparity remains between policy and practice. In May this year,
the Ugandan government
<
http://www.guardian.co.uk/global-development/2012/may/10/uganda-oxfam-land-
grabbing-claims> scolded Oxfam and a group of 60
<
http://ulaug.org/new/wp-content/uploads/ULA-Members-2011.pdf> NGOs for
"inciting violence" over alleged land-grabbing, asking them to apologise or
risk eviction.
Compromising the land rights of individuals and communities by forced
displacement and inadequate compensation has the potential to undermine the
real benefits that investment could bring to the country.
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Received on Thu Nov 29 2012 - 17:20:31 EST
