land and soils. The critique made using the lenses of African feminism in this and the
previous section makes this point clear and will be utilized to further discuss how
difficult it is for African economies to achieve sustainable development based on
African land and soils under the current land tenurial systems.
4.2 The Link Between Sustainable Development, Land
Tenure Systems and Soil Rights
The concept of sustainable development in regard to land and soil rights regime is
fairly new. It succinctly appears first in the Brundtland Report in 1987. According to
the Brundtland Report:
Sustainable development is development that meets the needs of the present without
compromising the ability of future generations to meet their own needs. It contains within
it two key concepts: the concept of ‘needs’ in particular the essential needs of the world’s
poor, to which overriding priority should be given; and the idea of limitations imposed by the
state of technology and social organization on the environment’s ability to meet present and
future needs.
56
The Brundtland Report further provides:
The essential needs of vast numbers of people in developing countries—food, clothing,
shelter, jobs—are not being met, and beyond their basic needs these people have legitimate
aspirations for an improved quality of life.
57
The Brundtland Report provides a basis upon which Uganda’s law base to
provide for sustainable development.
In the case of Uganda, sustainable development is provided for in the Constitution in 1995 and the post-1995 constitutional reforms of policies and laws. It is
noteworthy that the colonial policies and laws regulating land and soil rights did not
specifically cater for sustainable development. Key colonial laws that regulated land
and soil rights included: the 1884 Land Acquisition Act, the African Order in
Council, 1892, the 1899 Land Acquisition Act, 1900 Buganda Agreement, the
1902 Order in Council as amended in 1920, the 1903 Ankole Agreement, the
1903 Toro Agreement and the 1933 Bunyoro Agreement. The impact of the colonial
agreements on land tenure systems, and land and soil rights was expressed in the
Land Acquisition Act, 1899, which inter alia provided:
In pursuance of the powers conferred by article 3 of the Africa Order in Council, 1892—Section 1: [T]he following enactment of the Governor General of India in Council shall apply to
the Protectorate (Uganda), that is to say—The Land Acquisition Act, 1894 (1 of 1894).
Section 2: [I]n the application of the said enactment to the Protectorate the following
modifications shall be made—(a) where the said enactment provides that any act or thing
may or shall be done by the Governor General of India in Council or by a Local Government,
56 World Commission on Environment and Development (1987).
57 Ibid.
146
G. Busingye
previous section makes this point clear and will be utilized to further discuss how
difficult it is for African economies to achieve sustainable development based on
African land and soils under the current land tenurial systems.
4.2 The Link Between Sustainable Development, Land
Tenure Systems and Soil Rights
The concept of sustainable development in regard to land and soil rights regime is
fairly new. It succinctly appears first in the Brundtland Report in 1987. According to
the Brundtland Report:
Sustainable development is development that meets the needs of the present without
compromising the ability of future generations to meet their own needs. It contains within
it two key concepts: the concept of ‘needs’ in particular the essential needs of the world’s
poor, to which overriding priority should be given; and the idea of limitations imposed by the
state of technology and social organization on the environment’s ability to meet present and
future needs.
56
The Brundtland Report further provides:
The essential needs of vast numbers of people in developing countries—food, clothing,
shelter, jobs—are not being met, and beyond their basic needs these people have legitimate
aspirations for an improved quality of life.
57
The Brundtland Report provides a basis upon which Uganda’s law base to
provide for sustainable development.
In the case of Uganda, sustainable development is provided for in the Constitution in 1995 and the post-1995 constitutional reforms of policies and laws. It is
noteworthy that the colonial policies and laws regulating land and soil rights did not
specifically cater for sustainable development. Key colonial laws that regulated land
and soil rights included: the 1884 Land Acquisition Act, the African Order in
Council, 1892, the 1899 Land Acquisition Act, 1900 Buganda Agreement, the
1902 Order in Council as amended in 1920, the 1903 Ankole Agreement, the
1903 Toro Agreement and the 1933 Bunyoro Agreement. The impact of the colonial
agreements on land tenure systems, and land and soil rights was expressed in the
Land Acquisition Act, 1899, which inter alia provided:
In pursuance of the powers conferred by article 3 of the Africa Order in Council, 1892—Section 1: [T]he following enactment of the Governor General of India in Council shall apply to
the Protectorate (Uganda), that is to say—The Land Acquisition Act, 1894 (1 of 1894).
Section 2: [I]n the application of the said enactment to the Protectorate the following
modifications shall be made—(a) where the said enactment provides that any act or thing
may or shall be done by the Governor General of India in Council or by a Local Government,
56 World Commission on Environment and Development (1987).
57 Ibid.
146
G. Busingye