the Constitution and other laws. The 1995 Constitution of Uganda provides for
environmental protection and conservation. The Constitution also sets out National
Objectives and Directive Principles of State Policy under which Objective XIII
provides that the state shall protect important natural resources. Objective XXVII
provides for sustainable environmental management and Article 39 provides that
every Ugandan citizen has a right to a clean and healthy environment. The Constitution further makes provisions for land ownership. Article 237 provides that all land
belongs to the people of Uganda and shall be owned in accordance with the land
tenure systems; customary, freehold, mailo and leasehold.
In addition, under the Constitution, Article 237(2)(b) provides that the government or a local government shall hold in trust for the people and protect natural
lakes, rivers, wetlands, forest reserves, game reserves, national parks and any land
for ecological and tourism purposes for the common good of all citizens. These
provisions imply that all the people of Uganda have a stake in the management of
natural resources and the resources thereon. Specifically, Article 189 read together
with Schedule 6 make the Central Government responsible for the Agricultural
Policy. This implies that farming on any land should take into account the environment, people’s interests in land and development principles prescribed under the
Constitution.
The Land Act Cap 227 is the main law on land management and provides for the
tenure, ownership and management of land for agriculture. According to Sections
2 and 3 of the Act, the ownership of land is vested in the citizens of Uganda and land
can be owned under customary, freehold, mailo and leasehold tenure systems.
The Act promotes land registration
18 (the creation of a customary register to
facilitate the registration of customary rights and issuance of customary certificates
of ownership) and conversion of customary tenure to freehold tenure,
19 conversion
of leasehold into freehold
20 and formation of a communal land association by any
group of persons connected with communal ownership and management of land,
whether under customary law or otherwise.
21
It is important to note that land and resource ownership determine use, who
benefits and who has rights and responsibilities for the land and its resources.
Therefore, to some extent agricultural activities in Uganda are greatly determined
by land rights. The Land Act makes provisions for gender equality in land rights.
Section 40 requires that before any transaction takes place regarding land on which a
family lives and/or derives their sustenance, the spouse and adult dependent children
should be consulted. The Act under Section 28 complements the 1995 Constitution
by stating that the customary practices that deny women or children use of land are
null and void. The local Land Committees set up in each parish are to ensure that
these provisions are carried out and that vulnerable groups are protected. Taking into
18 Section 5 of the Land Act.
19 Section 10 of the Land Act.
20 Section 29 of the Land Act.
21 Section 16 of the Land Act.
58
E. Kasimbazi
environmental protection and conservation. The Constitution also sets out National
Objectives and Directive Principles of State Policy under which Objective XIII
provides that the state shall protect important natural resources. Objective XXVII
provides for sustainable environmental management and Article 39 provides that
every Ugandan citizen has a right to a clean and healthy environment. The Constitution further makes provisions for land ownership. Article 237 provides that all land
belongs to the people of Uganda and shall be owned in accordance with the land
tenure systems; customary, freehold, mailo and leasehold.
In addition, under the Constitution, Article 237(2)(b) provides that the government or a local government shall hold in trust for the people and protect natural
lakes, rivers, wetlands, forest reserves, game reserves, national parks and any land
for ecological and tourism purposes for the common good of all citizens. These
provisions imply that all the people of Uganda have a stake in the management of
natural resources and the resources thereon. Specifically, Article 189 read together
with Schedule 6 make the Central Government responsible for the Agricultural
Policy. This implies that farming on any land should take into account the environment, people’s interests in land and development principles prescribed under the
Constitution.
The Land Act Cap 227 is the main law on land management and provides for the
tenure, ownership and management of land for agriculture. According to Sections
2 and 3 of the Act, the ownership of land is vested in the citizens of Uganda and land
can be owned under customary, freehold, mailo and leasehold tenure systems.
The Act promotes land registration
18 (the creation of a customary register to
facilitate the registration of customary rights and issuance of customary certificates
of ownership) and conversion of customary tenure to freehold tenure,
19 conversion
of leasehold into freehold
20 and formation of a communal land association by any
group of persons connected with communal ownership and management of land,
whether under customary law or otherwise.
21
It is important to note that land and resource ownership determine use, who
benefits and who has rights and responsibilities for the land and its resources.
Therefore, to some extent agricultural activities in Uganda are greatly determined
by land rights. The Land Act makes provisions for gender equality in land rights.
Section 40 requires that before any transaction takes place regarding land on which a
family lives and/or derives their sustenance, the spouse and adult dependent children
should be consulted. The Act under Section 28 complements the 1995 Constitution
by stating that the customary practices that deny women or children use of land are
null and void. The local Land Committees set up in each parish are to ensure that
these provisions are carried out and that vulnerable groups are protected. Taking into
18 Section 5 of the Land Act.
19 Section 10 of the Land Act.
20 Section 29 of the Land Act.
21 Section 16 of the Land Act.
58
E. Kasimbazi