consideration the fact that women and children provide the greatest labour on
farmlands, the protection of their rights of access to land for agriculture is key.
Furthermore, Section 40 of the Act restricts ownership of land by noncitizens.
Under this section, noncitizens can only hold land under leasehold tenure for a
period not exceeding 99 years. This may restrict foreigners who may want to
participate in long term commercial farming. The law does not prescribe which
agricultural activities should be carried out under a specific land tenure system and as
such, the land tenure systems do not impact on agriculture in any way. It should
however be noted that some farmers in Uganda grow crops and rear animals on land
owned by someone else. The development of land lord tenancy laws and concepts
which provide for the temporary use of land by another, with assurances of being
paid rent, make the extensive use of leases within Ugandan agriculture important.
The land tenure system certainly has an influence on agricultural production, but
other factors normally operate to a greater degree. Such factors include: the absence
of a horizontally integrated economy, the nature of landholding, land fragmentation
and poor farming techniques.
The National Land Policy promulgated in 2013 provides a framework for development and use of Uganda’s land resources. The Policy has two major objectives:
• To re-orient the land sector in national development by articulating management
and co-ordination between the land sector and other productive sectors in the
economy; and
• Enhancing the contribution of the land sector to the social and economic development of the country.
22
The goal of the National Land Policy is to ensure an efficient, equitable, optimal
utilisation and management of Uganda’s land resources for poverty reduction,
wealth creation and overall socio-economic development. Policy Statement 148 provides that government shall regulate the use of land and water resources for
agricultural production aligned with a National Agricultural Policy. The strategies
of achieving the above policy statement require government to:
• Formulate a national agriculture policy;
• Formulate a national soils policy;
• Promote and ensure viable zonal agricultural production to enhance production,
productivity, marketing and agro-processing;
• Make available an updated soil and arable land resource inventory at an appropriate scale;
• Promote farming practices that reduce land degradation and enhance soil quality
and productivity;
• Encourage voluntary consolidation of agricultural land holdings to sizes suitable
for optimum, productive and sustainable use;
22 Kabanda (2013).
Legal and Regulatory Framework for the Agriculture Sector in Uganda
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