or believe would meet their individual objectives.
62 Moreover, there are observable
changing human needs and a growing population resulting in competition of the
different uses for the same land and that the demand for land is often greater than its
availability.
Consequently, some present land use practices have led to severe land and hence
soil degradation even with the Land Use Policy being in place. Other land policies
such as the Land Policy, 2013 are equally bedeviled with similar shortfalls and
problems. The Vision of the Land Policy is ‘a transformed Ugandan society through
optimal use and management of land resources, for a prosperous and industrialized
economy with a developed services sector’. Its goal is ‘to ensure efficient, equitable
and optimal utilization and management of Uganda’s land resources for poverty
reduction, wealth creation, and overall socio-economic development’. It is realised
under this Policy, and in conformity with the analysis made herein that this is a
postmortem initiative, which can only cure the problem if the land laws are reviewed
and revised.
The Policy states among others, that since the advent of colonialism, the country
has never had a comprehensive land policy.
What have been in place are the scattered policies and laws on land and soil
conservation. Post-independence attempts to settle the land question and deal with
fundamental issues in the land tenure systems and land management have been
intermittent and limited in scope. For example, the Policy recognizes historical
injustices, many of which have resulted in disposition and loss of ancestral access
to land and soil rights by some native communities.
63 As a stop gap measure, the
government of Uganda came up with a National Gender Policy in 2007 in a bid to
mainstream gender concerns in other land related policies.
The priority areas of Gender Policy are improved livelihoods, promotion and
protection of rights, participation in decision-making and governance, recognition
and promotion of gender in macro-economic management. It is, however, noteworthy that the provisions of the Gender Policy are difficult to read into other policies
which were adopted much earlier and without specifically providing for gender
concerns in any of them. The problematic situation regarding implementation of
land and soil related policies is that not every policy maker in Uganda understands
the ability of African feminism to perfect the imperfect situation right from the time
of policy formulation through to adoption and enactment of land laws.
Consequently, elements of African feminism are only glossed over in the discussions leading to adoption of key policy documents regarding land tenure systems and
soil utilization in the country. They policies and laws that are eventually adopted are,
therefore, incapable of taking care of all the land and soil needs of the society. In the
result, the link between sustainable development, land tenure systems and soil
62 The Constitution of Uganda under Article 237 (1) provides: (1) Land in Uganda belongs to the
citizens of Uganda and shall vest in them in accordance with the land tenure systems provided for in
this Constitution.
63 United Organisation for Batwa (2015).
African Feminism, Land Tenure and Soil Rights in Africa: A Case of Uganda
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