This publication provides an overview of status and trends regarding the constitutional, legislative and administrative protection of

the rights of indigenous peoples in South Africa.

Country Report of the Research Project by
This report provides the results of a research project by the International Labour Organization and the African Commissions
the International Labour Organization and the African Commission on Human and Peoples Rights on
Working Group on Indigenous Communities/Populations in Africa with the Centre for Human Rights, University of Pretoria, acting
as implementing institution. The project examines the extent to which the legal framework of 24 selected African countries impacts the constitutional and legislative protection of
on and protects the rights of indigenous peoples.

This report was researched and written by C Mbazzira.

the rights of indigenous peoples:
For an electronic copy of the other 23 country studies and the overview report of the study,
see www.chr.up.ac.za/indigenous
Uganda

African Commission on International Labour

EUROPEAN Human and Peoples Rights Organization

Published with the support of: COMMISSION

Copyright 2009 International Labour Organization and African Commission on Human & Peoples Rights
First published 2009

For rights of reproduction or translation, permission should be obtained by both the ILO Publications (Rights
and Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland, or by email:
pubdroit@ilo.org, and the Information and Documentation Centre, African Commission on Human and Peoples
Rights, PO Box 673, Banjul, The Gambia, or by e-mail: idoc@achpr.org mailto:idoc@achpr.org .

ILO/ACHPR
Uganda : constitutional, legislative and administrative provisions concerning indigenous peoples / International
Labour Office. - Geneva: ILO, 2009
1 v.

ISBN: 978-92-2-122816-5 (web pdf)

Indigenous people / economic and social rights / cultural rights / administrative aspect / constitutional law /
legislation / comment / Uganda
14.08

ILO Cataloguing in Publication Data

The designations employed in this publication, and the presentation of material therein do not imply the
expression of any opinion whatsoever on the part of the International Labour Office and the African
Commission on Human & Peoples Rights concerning the legal status of any country, area or territory or of its
authorities, or concerning the delimitation of its frontiers.

The ILO and the African Commission on Human & Peoples Rights shall accept no responsibility for any
inaccuracy, errors or omissions resulting from the use of the data.

The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with
their authors, and publication does not constitute an endorsement by the International Labour Office and the
African Commission on Human & Peoples Rights of the opinions expressed in them.
 UGANDA: CONSTITUTIONAL, LEGISLATIVE AND ADMINISTRATIVE PROVISIONS
CONCERNING INDIGENOUS PEOPLES

C Mbazzira,
Uganda: Constitutional, legislative and administrative provisions concerning indigenous
peoples

Table of contents Page

Part I: Introduction to indigenous peoples, the country and legal system

1. Indigenous peoples 5
1.1 Basic situation overview 5
1.2 Main human rights concerns of indigenous peoples 6

2. Background to the country 8

2.1 Pre-colonial, colonial and post-colonial history 8
2.2 Current state structure 13
2.3 Role of media and civil society 14

3. Background to legal system 14

3.1 Legal system and sources of law 14
3.2 Court structure 15
3.3 Status of international law 16
3.4 Ratification of UN, ILO and regional instruments 17
3.5 Extent of state obligations under selected instruments 19
3.6 National human rights institutions 21

Part II: Legal protection of indigenous peoples

1. Recognition and identification 24
2. Non-discrimination 25
3. Self-management 27
4. Participation and consultation 29
5. Access to justice 32
6. Culture and language rights 35
7. Education 37
8. Land, natural resources and the environment 42
9. Socio-economic rights 47
10. Gender equality 53
 11. Indigenous children 56
12. Indigenous peoples in border areas 59

Part III: Conclusions and recommendations

1. Conclusions 61
2. Recommendations 62

Part IV: Bibliography 64

 LIST OF ACRONYMS

ABEK Alternative Basic Education for Karamoja

ACRWC African Charter on the Welfare and Rights of the Child
ADRA Adventist Relief Agency
CAT Convention Against Torture
CDI Community Development Initiative
CEDAW Convention on the Elimination of All Forms of Discrimination Against
Women
CERD Convention on the Elimination of All Forms of Racial Discrimination
CMW Convention on the Protection of the Rights of Migrant Workers and Members
of Their Families
CRC Convention on the Rights of the Child
CRCM Conflict, Reconciliation and Community Management
DANIDA Danish International Development Agency
DRIP Declaration on the Rights of Indigenous Peoples
EOC Equal Opportunities Commission
EOCA Equal Opportunities Commission Act
EU European Union
FAN Forest Action Network
FIDA Association of Women Lawyers
FPP Forest Peoples Project
ICCPR International Covenant for Civil and Political Rights
ICESCR International Covenant for Economic, Social and Cultural Rights
ILO International Labour Organisation
JLOS Justice, Law and Order Sector
LC Local Council
LRA Lord Resistance Army
MBIFCT Mgahinga and Bwindi Impenetrable Forest Conservation Trust
MDGs Millennium Development Goals
MSEs Micro and Small Scale Enterprises
NEMA National Environment Management Authority
NRM National Resistance Movement
NUSAF Northern Uganda Social Action Fund
UDHR Universal Declaration of Human Rights
UHRC Uganda Human Rights Commission
UOBDU Uganda Organisation for Batwa Development in Uganda
UPE Universal Primary Education
UPHOLD Uganda Programme for Human and Holistic Development
USAID United States Agency for International Development
USE Universal Secondary Education
UTIA University and Other Institutions Act
UWA Uganda Wildlife Authority.
VGS Vulnerable Group Support
YOP Youth Opportunity Project
 Part I: Introduction to indigenous peoples, the country and its legal system

1. Indigenous peoples in the country

1.1 Basic situation overview
Uganda is a landlocked country in East Africa, bordering Kenya in the East, Sudan in the North,
Tanzania in the South, Rwanda in the South-west and the Democratic Republic of Congo in the
West. 1 According to the 2002 census results, the population was estimated at 2.4 million, growing at a
rate of 3.3 per cent. It was thus estimated that the population would be 26.7 million by 2005; 2 in 2007
the population was estimated at 30.9 million people. 3 The population is made up of 65 different ethnic
groups. 4 This ethnic diversity plays a major role in shaping the behaviours and ways of life of people
as their cultural and social life differ from one ethnic group to another. 5 There is no official definition
of indigenous peoples, and neither are there criteria in place for their identification. The term
indigenous is used to describe the different ethnic groups that historically have resided within
Ugandas borders. The Third Schedule of the Constitution, which names the 65 ethnic groups of
Uganda, is titled Ugandas Indigenous Communities as of 1st February 1926. This understanding
differs markedly from the manner in which the term has been used by international and regional
organisations and by experts in the area of indigenous peoples and indigenous issues. Uganda uses
aboriginality, to the exclusion of other factors, as the only method of identifying indigenous people. 6
According to the African Commission, the term indigenous peoples is a term and global movement
fighting for rights and justice for those particular groups who have been left on the margins of
development and who are perceived negatively by dominating mainstream development paradigms
whose culture and ways of life are subject to discrimination and contempt and whose very existence
is under threat. 7

As will be seen later, one could use the international criterion to identify indigenous peoples from the
65 ethnic groups in Uganda. . As will be seen later, there are a number of groups of persons in Uganda
that have been identified as satisfying the international criteria for the identification of indigenous
peoples. These include the Batwa, Benet and Karamajong . These people have historically suffered,

1
It is deemed relevant to outline the countries that border Uganda because some of the groups of people
that could be identified as indigenous and tribal peoples occupy border areas and national borders
sometimes separate the same people.
2
Uganda Bureau of Statistics 2002 Uganda Population and Housing Census, Main Report, available at
<http://www.ubos.org> (accessed on 8 January 2008).
3
See US Department of State, Bureau of African Affairs Background Note: Uganda December 2007,
available at <http://www.state.gov/r/pa/ei/bgn/2963.htm> (accessed on 8 January 2007).
4
See Third Schedule of the 1995 Constitution, Vol 1 of Laws of Uganda, 2000. This schedule initially
listed 56 indigenous groups but was amended in 2005 to include nine other seemingly minority groups.
5
Uganda Bureau of Statistics 2002 Uganda Population and Housing Census. Analytical Report,
Population size and Distribution October 2006 available at <http://www.ubos.org> (accessed on 8
January 2008) 1.
6
See Report of the African Commissions Working Group of Experts on Indigenous
Populations/Communities, adopted by the African Commission on Human and Peoples Rights at its
28th Ordinary session, published by the International Work Group for Indigenous Affairs, 91.
7
ACWGIP Report, 87.
and continue to suffer, disempowerment and discrimination on economic, social and cultural grounds.
Their livelihood is threatened mainly by the dwindling access they have to land and natural resources
on which they depend either as pastoralists or as hunt-gatherers. It will be demonstrated, however,
that although the law does not expressly recognise indigenous peoples it makes provision for
addressing some of the negative effects arising from ethnic imbalances. The Constitution, in the
section on National Objectives and Directive Principles of State Policy, provides that every effort
shall be made to integrate all peoples while at the same time recognising the existence of, amongst
others, their ethnic, religious and cultural diversity. 8 In this regard, the Constitution requires that
everything necessary be done to promote a culture of co-operation, understanding, appreciation,
tolerance and respect for each others customs, traditions and beliefs. 9

As is indicated later, the Constitution even makes provision for the adoption of affirmative action in
favour of marginalised groups in order to address historical imbalances. The National Objectives also
make provision for the fair representation of marginalised groups on all constitutional and other
bodies. 10 These provisions have direct relevance to indigenous peoples and could be used to compel
government to undertake special measures to address the needs of these peoples. It will also be seen
later that these provisions are relevant in ensuring participation and the representation of indigenous
peoples in the political decision making processes. Yet it will also be used in the discussion on non-
discrimination to highlight the relevance of affirmative action in addressing the needs of indigenous
peoples.

1.2 Main human rights concerns of indigenous peoples

It may not be possible to study all the groups that could qualify as indigenous or tribal peoples, only a
few comprising of the Batwa and Karamajong are studied in this report. This is because although
there are many marginalised ethnic groups there is not enough information on the ways of life and
cultures of all these people. Examples include such groups as the Venoma, numbering approximately
128 people; the Napore, numbering approximately 30 591 people; the Nyagia, numbering
approximately 15 282 people; and the Jie numbering approximately 146 661 people. 11 Based on the
current information, at best, these groups could be treated as minority ethnic groups.

The discussion in this section will show the human rights concerns of the identified indigenous and
tribal peoples. Like elsewhere in the world, Uganda has witnessed the violation of the rights of

8
Objective III(ii).
9
Objective III(iii).
10
Objective VI.
11
All population figures on these peoples are derived from the 2002 census, see Ministry of Gender,
Labour and Social Development Data base of ethnic minorities in Uganda Draft final report (June
2007) (Ministry of Gender, 2007) not yet published, on file with author.
indigenous people in various forms. Generally, the violation of the rights of indigenous peoples takes
the form of outright discrimination and stereotyping them as backward, under-developed and
primitive. This is followed by disposition of their land and natural resources leading to
impoverishment and a threat to the survival of indigenous peoples. Indigenous peoples also lack
access to proper education and medical services and are excluded from true participation in
governance and development issues concerning them. Their culture and languages are also threatened.

1.2.1Batwa people - most clearly identifiable indigenous peoples

Many studies have been carried out on the Batwa people and their way of life, all these studies also
show that the Batwa identify themselves as indigenous peoples. 12 The Batwa in fact have even an
association to advance their interest. The United Organisation for Batwa Development in Uganda
(UOBDU) has participated in several international forums that address the rights and issues of
indigenous peoples. 13

The Batwa are forest peoples spread all over the Great Lakes region and parts of Central Africa. In
Uganda, the Batwa are estimated to be about 6000 people; they live in the South-western districts of
Bundibugyo, Rukungiri, Kisoro, Kanugu and Kable. They have historically depended on the forest for
hunting and fruit gathering; their methods of survival have been very rudimental and based on nature
as provided by the forest environment in which they live. They also maintain a special spiritual
relationship with the forest, which they believe to be their God-given source of livelihood. 14 In spite
of this, the Batwa have witnessed changing life patterns, raring livestock and engaging in some form
of subsistence farming and such self-employment activities as making crafts to be sold in the informal
market sector.

There is popular perception of the Batwa as barbaric, savage, wild, uncivilized, ignorant, and unclean,
which has legitimised their exclusion from mainstream society. 15 As a result of their marginalisation,
the Batwa even today perceive themselves as colonised people, this is because they have been
dispossessed of their land, which in many areas has been converted into game parks and game

12
See, for instance, L Jerome The Batwa pygmies of the Great Lakes Region (2000) Minority Rights
Group; D Jackson Twa women, Twa rights in the Great Lakes region of Africa (2003) Minority Rights
Group; and K Kabananukye and D Kwagala Culture, minorities and linguistic rights in Uganda: The
case of Batwa and the Ik (2007) Human Rights and Peace Centre Working Paper 11.
13
Members of the UOBD have attended such international forums as the sessions of the African
Commission on Human and Peoples Rights. See Forest Peoples Project Annual Report 2006 available
at http://www.forestpeoples.org/documents/ann_rep/fpproje_ar_o5.pdf (accessed on 23 January 2008)
9.
14
Jackson 7.
15
Refugee International (RI) Forgotten people: the Batwa 'Pygmy' of the Great Lakes region of Africa
available at http://www.reliefweb.int/rw/rwb.nsf/AllDocsByUNID/a84e5cbac3ac8c
2885256d800079aaba (accessed on 11 January 2008).
reserves without provision of alternative means of livelihood. 16 The drive to conserve the mountain
gorillas and to increase tourist revenue has seen such places as Bwindi and Mgahinga converted into
jealously-guarded game and forest reserves. The 1991 gazetting of Bwindi and Mgahinga resulted in
the forceful eviction of the Batwa from the forest, 17 puting an end to the Batwas forest livelihood; 18 it
has also seen their characterisation as poachers threatening the extinction of the gorillas. In 1995, four
years after the creation of the game parks, the World Bank set aside a fund, as part of the Mgahinga
and Bwindi Impenetrable Forest Conversation Trust Fund, for the compensation of the Batwa for their
loss of land. However, the fund was lost as a result of being invested offshore, which in 2002 saw the
elimination of the compensation element from the fund. 19

It has also been hard for the Batwa people to maintain their right to land and to claim compensation
for the loss of their land. This is because their customary rights to land are neither expressly protected
in written law nor recognised in the customary land rights system. 20 Land is considered to be common
property to which no single individual can claim ownership. A link could be drawn between the
failure to own and control their land and the failure to maintain culture and meet socio-economic
needs. This is because the loss of forest land has led to social and cultural collapse, landlessness and
severe unmet needs in terms of food security, shelter, clothing and medicines.21 The lifestyle of the
Batwa has also been disorganised by deforestation resulting from incoming herding and farming
communities, this is in addition to infrastructure projects and the declaration of Batwa areas as
military zones. 22 The loss of land has forced a sizeable number of Batwa people to become transient
squatters on land on which they are expected to live as labour tenants, 23 and to migrate to cities where
they live a destitute life.

1.2.2 The Karamajong a neglected people

The Karamajong are a semi-nomadic warrior community living in the North-eastern part of the
country, which is also the most marginalised and least developed area in the country. 24 The estimated

16
Jerome 6.
17
See gazetting instruments, The Uganda Wildlife (Declaration of Wildlife Conservation Area) (Bwindi
Impenetratable National Park) Instrument, 2003 43, and The Uganda Wildlife (Declaration of Wildlife
Conservation Area) (Mgahinga Gorilla National Park) Instrument, 2003 45.
18
Kabann & Kwagala 15.
19
See Peter Poole Cultural mapping and indigenous peoples (2003) A report for UNESCO available at
http://www.ipad.org/publications/ppgis/cultual.mapping.pdf (accessed on 14 January 2008) (Poole,
2003).
20
Jackson 6.
21
Poole 10.
22
Jackson 4.
23
Jackson 7.
24
The last three district of Karamoja, Kotido, Nakapiripirit and Moroto have the lowest Human
Development Index of 0.231, 02.40 and 0.271 respectively, meaning that they are the poorest of
Uganda's districts. See United Nations Development Programme Uganda Human Development Report.
Linking Environment to Human Development: A deliberate choice, available at
population of Karamajong stands at 370 000. 25 The Karamajong live in a very remote part of the
country, which as will be seen later, is the least developed area of Uganda. Their life has been one of
marginalisation, they have since colonialism unsuccessfully struggled for recognition and
incorporation into mainstream Ugandan society. They live in the districts of Kotido, Moroto,
Kaabongo, Nakapiripirit and Abim; they combine a number of social groups including the Matheniko,
Pian and Bakora, who are the main groups. Other groups include the Pokot (living on both sides of
the KenyaUganda border), Nyangia, Nyakwae, Jie Tepeth, Dodoth, Ik, Napore and Labwor. 26 To
the Karamajong, cattle are everything they have in life; they depend on cattle for their livelihood and
survival and also have a special cultural and spiritual attachment to it. They are constantly on the
move within the region in search of pastures and water for their big herds. They do, however, engage
in small-scale crop farming, an activity done mainly by women who remain behind when the men go
out in search of water and pasture for the cattle. They live a communal life, land is communally
owned and several tasks are carried out on a communal basis.

The lifestyle and cultures of the Karamajong are under threat mainly due to environmental changes
and pressure exerted on the land. This has resulted from increased competition for grazing land which
has on many occasions escalated into conflict both internally, within the Karamajong community, and
externally, with other communities such as the Iteso of Uganda and the Turkana of Kenya. The
conflicts have also been exacerbated by the practice of cattle rustling between Karamajong and
neighbouring communities. 27 This practice has resulted in the proliferation of small arms in the
region, which both Karamajong and neigbouring communities have acquired not only for protection
but also to use in the process of cattle rustling. 28 This has broken down security, eroded the
Karamajong culture and given fertile ground for criminals who trade in firearms. 29

In addition to armed conflicts, another fact that has greatly disrupted the lifestyle of the Karamajong is
the persistent droughts that the region faces. The region is semi-arid and is characterised by droughts

http://hdr.undp.org/en/reports/nationalreports/africa/uganda_2005_en.pdf (accessed on 5 February

2008) (UNDP, 2005) 23.
25
See <http://www.karamoja.com> (accessed on 15 January 2008).
26
See Uganda Wildlife Authority Environmental Impact Statement of Land use change of Pian-Upe
Wildlife Reserve. Report by Ema Consults (August 2004) available at
http://www.nemaug.org/UPLOADS/eian/ (Ema, 2004), ch 7.
27
See MD Quam Creating peace in an armed society: Karamoja, Uganda (1996) African Studies
Quarterly (online journal, at <http://web.africa.ufl.edu.asq/v1/1/3.htm> (accessed on 15 January 2008).
See also N Mburu The proliferation of gun and rustling in Karamoja and Turkana districts: The case
for appropriate disbarment strategies (2002) Peace, Conflict and Development: An interdisciplinary
journal available on line at http://www.peacestudiesjournal.org.uk/docs/Guns.pdf (accessed on 13
January 2008).
28
See UPDF burns 230 illegal Kjongo guns New Vision Newspaper, 25 February 2007.
29
B Knighton Historical ethnography and the collapse of Karamajong culture: Premature reports of
trends Paper presented at the African Studies Seminar, St Antonys College, University of Oxford, 13
June 2002, available on line at http://www.eldis.org/fulltext/knighton_karamoja.pdf (accessed on 16
January 2008) 4.
and erratic rainfalls. This type of weather has greatly disrupted the herding and farming activities of
the Karamajong; many families have lost their cattle as a result. 30 Famine continues to be a permanent
feature in the region, forcing many Karamajong people to abandon their homesteads and to move to
the cities where they live a destitute life. Governments efforts to disarm the Karamajong through the
use of force has also escalated the violence in the region and disrupted life further. 31 Law and order
has broken down, the mechanisms for enforcing law and order such as the police and judiciary are
inadequate and not able to function properly due to infrastructural and logistical problems caused by
long term neglect of the region.

The regions marginalisation dates as far back as the colonial period. Due to the proliferation of arms
and the chronic violent conflicts in this region, the colonial government concentrated on controlling
the area and establishing law and order. Successive post-independence governments have not
substantially deviated from this objective. 32 Disarmament programmes have largely been violent,
leading to clashes between the UPDF and the Karamajong warriors, resulting mainly in the death of
the latter. 33 These conflicts have exacerbated the regions marginalisation and underdevelopment; the
district of Nakapiripirit is, for instance, classified as the district with the least proportion of Micro and
Small Scale Enterprises (MSEs) at 0.1 per cent, compared to Kampala at 9.9 per cent and Mbarara 4
per cent. 34 Yet over 90 per cent of the people in the region are classified as poor, compared to
approximately 30 per cent in some parts of the country. The mean annual income of a household, for
instance, in the Pian-Upe area of Karamoja is approximately US $250. 35

It should also be noted that large parcels of land in Karamoja have been gazetted either as game or
forest reserves. The most notable is the Pian-Upe Wildlife Reserve, covering over 2 300 sq km and
Kidepo Valley National Park, covering approximately 1442 sq km. Legally, the Karamajong cannot
use this land either for grazing or crop farming without a permit issued by the Uganda Wildlife
Authority (UWA). In practice, however, the government has not had the capacity to enforce these
regulations, the Karamajong have continued to use this area believing that it is their ancestral land.
The government plans to de-gazette almost half of this land, unfortunately it is not for the purposes of
restoring ownership of the land to the Karamajong. Instead, the land will be leased to an investor

30
n 27 above.
31
See Uganda Conflict Action Network Conflict in Karamoja available at
http://www.ugandancan.org/karamoja.php (accessed on 14 January 2008).
32
CT Kirkby Exorcising Matovus Ghost: Legal Positivism, Pluralism and Ideology in Ugandas
Appellate Courts. Thesis submitted in partial fulfilment of the requirements of Master of Laws at the
Faculty of Law, McGill University, Montreal (October 2007) 62.
33
See report by Human Rights Watch Get the Gun Human rights violations by Ugandas National
Army in law enforcement operations in Karamoja region (September 2007) available at
http://hrw.org/reports/2007uganda)907 (accessed on 16 January 2008).
34
See Uganda Bureau of Statistics 2002 Census Economic Characteristics Report 56.
35
See Ema, ch 7.
under a bilateral agreement between Libya and Uganda. The land will be used to establish an agro-
industry. 36

1.2.3. The Benet a little known group

Another group that could qualify as indigenous peoples are the Benet, living on the slopes of
Mountain Elgon in the Eastern parts of the country bordering Kenya. It should be noted, however, that
there is not much information on this group; indeed, even renowned works on minority groups in
Uganda does not give information on this group. 37 These people live on the margins of society in very
remote and inaccessible parts on the slopes of Mountain Elgon. They depend on the forest as hunter-
gatherers and are excluded from mainstream society, which has resulted in forced dispossession of
their forest land. It is estimated that the Benet number about 20 000 people. 38 They are said to have
resided in the forest on Mountain Elgon for over 200 years, and while the colonial government moved
to conserve this area it accepted the residence of the Benet. 39 Like is the case with the Karamajong
and the Batwa, the Benet have, without being consulted, been dispossessed of land through
conservation programmes of the government. This happened in 1993 when the Uganda government
gazetted Mountain Elgon as a National Park which left the Benet disposed on over 2000 hectares of
land. 40 The creation of the National Park was followed with a number of abused especially by the
local level protected area officials, incidents of burning houses in the protected areas and beating of
women and children have been reported. 41 The precarious situation of the Benet has recently been
captured by Oloka-Onyango in the following words:
The Benet ... who were forcibly resettled from their traditional homelands in what was once
Bugisu district have likewise been the subject of continuous marginalization and bureaucratic
maladministration. ... The resettlement process left them without any compensation. Native
Benet lament that during the resettlement, the majority Sabinyi dominated the process at the
expense of the targeted historical inhabitants. As a further consequence of this
marginalization, non-Benet now out number the Bent and during elections take up most of the
powerful and influential positions. In all, the Benet feel marginalized; they need permanent
structures to call home, social services to compliment their hard work and recognition of their
existence as distinct people. 42

36
As above.
37
See W Baker Uganda: The Marginalization of minorities (2001) Minority Rights Group
International.
38
See IWGIA The Indigenous world (2007) The Horn of Africa and East Africa available at
http://www.forestpeoples.org/documents/africa/uganda_iw_2007.pdf (accessed on 10 April 2008) 477.
39
African Highlands Initiative Co-Management is about cultivating relationships AHI Brief (February
2007) 1.
40
See O Okech and H Busingye Getting the process right: The experience of the Uganda Land Alliance
in Uganda available at http://www.capri.cgiar.org/wp/..%5Cpdf%5Cbrief_land-11.pdf (accessed on 10
April 2008) 2. See Gazetting instrument, The Uganda Wildlife (Declaration of Wildlife Conservation
Area) (Mount Elgon National Park) Instrument, 2003, 42.
41
AHI Brief (n39 above) 1.
42
See J Oloka-Onyango The problematique of economic, social and cultural rights in globalized Uganda
Human Rights and Peace Centre Working Paper 3 (March 2007) 4 (footnotes omitted).
The Benet came to the limelight in 2005 when they successfully instituted legal action against the
government of Uganda alleging that they are the historical and indigenous inhabitants of land around
Mountain Elgon and that they were entitled to stay there and carry out economical and agricultural
activities undisturbed. 43 It has, however, been reported that by 2006 the Benet were yet to enjoy the
fruits of this action as the government had not taken any action to comply with the judgment. 44

2. Background to the country

2.1 Pre-colonial, colonial and post-colonial history
Before being declared a British protectorate, Uganda did not exist as a unified territory enjoying the
status of a country. Different ethnic groups residing in specific geographical areas occupied the
territory now defined as Uganda. These communities were organised either as centralised kingdoms,
like Buganda and Bunyoro, or decentralised chiefdoms, like Busoga, Toro and Ankole. Within these
communities, peoples social, political and economic organisation revolved around ones family and
spread outwards into the clan and further into ones ethnic group, governed by customs and cultures at
all these levels. It should be noted, however, that these communities were not homogenous in terms of
political and social organisation. Some remained dominant and demanded tribute from the weaker
communities. The Batwa, for instance, had to pay tribute to the kings in current day Rwanda. 45

The British, after declaring Uganda a protectorate, divided the country into four provinces, each
composed of defined tribes bounded within discrete geographic areas. This tribal mapping presumed
geographically distinct tribes, each of which possessed a unique customary law. 46 The mapping also
produced artificial borders for some ethnic groups; 47 in some areas borders divided families. This
explains why there are Batwa in Uganda, the Democratic Republic of the Congo, Rwanda and
Burundi, and also why there are Pokoto people in Uganda and Kenya. 48 The mapping was also used to
promote differentiated development between different regions and ethnic groups. Some ethnic groups
were, for instance, considered so primitive that no form of development would liberate them. It is
reported that Ugandas first Governor, Sir Hesketh Bell, in 1910 described the Karamojong as so
primitive that they would provide more interest to the anthropologist than to the administrator. 49 It

43
See World Rainforest Movement Bulletin Uganda: FACE Foundation, carbon conflict and FSC
certification available at http//www.wrm.org.uy/bulletin/101/Country.htm/#Uganda (accessed on 10
April 2008).
44
As above, 480.
45
P Zaninka The impact of (forest) nature conservation on indigenous peoples: The Batwa of south-
western Uganda. A case study of Mgahinga and Bwindi Impenetrable Forest Conservation Trust
(2001) 5.
46
Kirkby 40.
47
M Mamdani The politics of democratic reform in contemporary Uganda (1995) 2 East African
Journal of Peace & Human Rights 91 96.
48
See GW Kanyeihamba Constitutional and political history of Uganda: From 1894 to the present
(2002) 4.
49
See TV Sathyamurthy The Political Development of Uganda: 1900-1986 as quoted by Kirkby 58.
will also be demonstrated that the colonial government defined the legal system in a way that
subjected customary laws to foreign law. 50 This trend has continued and has resulted in the
undermining of rules of custom that govern indigenous peoples. It has also affected their access to
justice as the justice system is governed mainly by written law.

At independence, the post-colonial government inherited existing colonial structures and attitudes.
While a commitment was made to the ensure equitable development of the country, in practice, some
areas and ethnic groups continued to be and are still marginalised. The governments have been
reluctant to commit resources for the purposes of addressing the needs of people based on their ethnic
origin. Yet in practice, ethnicity still plays a very important role in determining ones access to high-
level political office. This state of affairs only works to exacerbate the marginalisation of indigenous
peoples.

In spite of this, the independent government acknowledged the importance of cultural identity and the
need to promote and preserve African customary practices. The government established a Ministry of
Culture and Community Development charged with the responsibility of ensuring the preservation,
promotion and development of Ugandas cultures. 51 This resulted in the promulgation of a number of
pieces of legislation to promote and preserve culture. These include the Historical Monuments Act 52
and the Historical Monuments (Amendment) Decree, 53 Uganda National Cultural Centre Act, 54 Stage
Plays and Public Entertainment Act, 55 and the Copyright Act. 56 As will be seen later, these laws,
together with the 1995 Constitution, provided provisions that could be used to protect the interests of
indigenous and tribal peoples. But it will also be demonstrated that these laws have been of little
relevance to indigenous peoples; their cultures, languages and traditional knowledge have not been
preserved and protected. Yet the gazetting of their ancestral homes as National Parks has destroyed
their historical homes which could be have been preserved as historical monuments.

2.2 Current state structure

Currently, Uganda has a Presidential system of government with a strong central government. Since
independence, Uganda has witnessed political anarchy in all its forms, ranging from one-party rule in

50
J Oloka-Onyango Judicial power and constitutionalism in Uganda: A historical perspective in
Mamdani and Oloka-Onyango (eds) Uganda: Studies in living conditions, popular movements and
constitutionalism (1994) 463.
51
See Ministry of Gender, Labour and Social Development The Uganda National Culture Policy: A
culturally vibrant, cohesive, progressive Nation (December 2006) available at
http://ocpa.irmo.hr/resources/policy/Uganda_Culture_Policy-en.pdf (accessed on 8 February 2008) 4.
52
1967.
53
Decree 6 of 1977, now Ch 46 Laws of Uganda 2000.
54
1965, now Ch 50, Laws of Uganda 2000.
55
1964, now Ch 49, Laws of Uganda 2000.
56
1964, repealed by Copyright and Neighbouring Rights Act, 2006.
the 1960s and later the 1980s to the outright dictatorship of the notorious Idi Amin. The period from
1986 has witnessed relative calm brought about by the overthrow of the military regime of Obote; the
country has registered economic and social development and enjoys a relatively stable political
environment. In terms of representation, the President is elected directly through universal adult
suffrage, separately from Parliament. 57 Elections of members of Parliament are also by adult suffrage
and largely based on geographical constituencies. Parliament has 332 members, which include
representatives of the special interest groups designated by law. 58 .

There is a substantial devolution of power through a system of decentralisation, which has ensured the
creation of local authorities in a hierarchal manner. The problem, however, has been one of effective
representation of all interests, including those of indigenous peoples, in all these structures. The
judicial system is weak, characterised by high-level interference and threats to judicial
independence. 59 This, coupled with the lack of judicial infrastructure and logistics, has made it very
hard for marginalised and poor people to access justice.

2.3 Role of the media and civil society

Compared to the period before 1986, there is a vibrant media in Uganda, comprising of both print and
electronic media, and enjoying relative freedom. There are a number of local and international civil
society organisations working in Uganda on issues of human rights generally and on specific issues
that affect indigenous peoples. Some of these organisations are styled as associations of indigenous
peoples. Among the Batwa, UOBDU has been at the forefront of fighting for the rights and survival of
Batwa people. The organisation has attended a number of international and regional conferences on
indigenous peoples and has gained an international reputation in this regard. UOBDU represents over
3 000 Batwa people in the districts of Kisoro, Kabale and Kanungu. In addition to fighting for the
rights of its members, UOBDU also works on the development of the lost skills of Batwa people. 60
Other organisations that support indigenous peoples include Adventist Relief Agency (ADRA),
AICM, Uganda Program for Human and Holistic Development (UPHOLD) as funded by the United
States Agency for International Development (USAID), Forest Action Network (FAN), Save the
Children Uganda and Oxfam, amongst others. This is in addition to the Forest Peoples Project (FPP)
and Minority Rights Group International (MRG). 61 Civil society and religious institutions have played

57
See art 103 of the Constitution.
58
See sec 11 of the Parliament Elections Act, 2001. 1 women representative for every district, 10
representatives of the army, five for the youth, and 5 for persons with disabilities. These are the only
special interest groups represented in the legislature; indigenous peoples or even persons that maybe
considered ethnic minorities do not feature as a special interest group.
59
See International Bar Association Judicial independence undermined: A report on Uganda (September
2007).
60
World Forest Movement Indigenous peoples, their forests, struggle and rights (December 2005)
available at http://www.wrm.org.uy/peoples/Book/text.pdf (accessed on 14 February 2008) 46.
61
See for instance Wairama.
a very important role in bringing social services such as health care close to such indigenous
communities as the Batwa. One of the most outstanding examples of this is the Bwindi Community
Health Centre, run by the Church of Uganda. 62 The health centre is located close to the Bwindi
Impenetrable National Park. Initiated by United States missionaries Scott and Carol Kellerman, the
centre offers a variety of health-care services, ranging from an outpatients clinic to admission. The
centre, for instance, houses the only x-ray and ultrasound machines in the whole region.

3. Background to legal system

3.1 Legal system and sources of law
As is the case with all other former British colonies, at independence, Uganda inherited the common
law system applicable in England at the time. The common law and principles of equity in addition to
statutory law formulated along the lines of English statutes were bequeathed to Uganda. While the
colonial government equated the common law to the customary law (or native law) that it found in
place, it considered the latter backward and undeveloped. 63 In spite of this, customary laws were
allowed to co-exist with the new system as long as the former was subject to the latter. Pursuant to the
1902 Order in Council, which declared Uganda a British protectorate, native law was to apply in cases
where natives were parties as far as is applicable and is not repugnant to justice and morality. 64

As a source of law, customary law does not occupy the same place as written law; section 14 of the
Judicature Act 65 provides that the jurisdiction of the High Court shall be exercised in conformity with
written law. Other laws apply subject to any written law and insofar as the written law does not extend
or apply. In this hierarchy of laws there appears no subjugation of customary to the common law,
however, customary law is only applicable if is not repugnant to natural justice, equity and good
conscience and not incompatible either directly or indirectly by necessary implication with any
written law. 66 This, as will be seen later, has serious implications for indigenous peoples.

62
See http://www.bchc.ug/.
63
Kirkby 38.
64
See K Mayambala The impact of the repugnancy doctrine on the concept of human rights in
traditional Africa during the colonial era: The situation in Uganda 1 (2006) Makerere Law Journal
134.
65
Ch 14, Laws of Uganda 2000.
66
Judicature Act, sec 15(1). For detailed account of the applicability of customary law, both during
colonialism and post-colonialism, see J Kakooza The application of customary law in Uganda 1
(2003) The Uganda Living Law Journal 23.
3.2 Court structure
Figure 1: Court structure

SUPREME COURT

COURT OF APPEAL CONSTITUTIONALCOURT

HIGH
COURT

MAGISTRATES COURT
Chief Magistrate Family & Childrens Court
Magistrates Grade I Family & Childrens Court
Magistrate Grade II Family & Childrens Court
Magistrate Grade III

LOCAL COUNCIL COURTS

Sub-county court, Division court
Town court, Parish court, Village court

3.2.1 Local Council Courts

The Local Council Courts are established as informal grassroots structures, with some form of judicial
power. These courts are established along the local government structures discussed above, 67 and
enjoy both judicial and executive powers. This system was strengthened with the passing of the Local
Council Courts Act in 2006. 68 There are now five levels of Local Council Courts: village (level 1),
parish (level 2), town (level 3), division (level 4), and sub-county (level 5). 69 These courts
provide for some form of popular justice, 70 they have criminal jurisdiction and have powers to try,
amongst others, civil causes and matters governed by customary law. 71 The customary law that
obtains amongst indigenous peoples is therefore applicable in these courts. There no available
information on the extent of representation of indigenous peoples on these courts. However, one
observation that one could make regarding this is based on the extent to which indigenous peoples
dominate the communities in which they live. Apart from Karamoja, indigenous peoples are

67
See discussion on participation, section 4 above.
68
Act passed by Parliament on 22 April 2006.
69
Sec 3 of the Local Council Court Act.
70
See B Baker Popular justice and policing from bush war to democracy: Uganda 1981 2004 32
(2004) International Journal of the Sociology of Law 333.
71
Sec 10 Local Council Courts Act.
minorities in almost all the areas they live in. They may therefore not have the numbers needed to
dominate these courts and, as a result, their causes and laws may be ignored.

3.3 Status of international law

Uganda follows the dualist doctrine, which asserts that international law is not applicable in domestic
jurisdictions unless domestic law makes provision for this. 72 The Constitution of the Republic of
Uganda enjoins Parliament to make laws to govern the ratification of international treaties,
conventions and agreements. 73 With this mandate Parliament in 1998 promulgated the Ratification of
Treaties Act. 74 This Act requires that all treaties ratified by Cabinet be laid before Parliament as soon
as possible. The Act does not state the purpose for which this should be done; one could guess though
that it is for the purposes of domestication. The fact that treaties have to be domesticated before they
become effective has been confirmed by the Constitutional Court by holding that international
covenants are not part of the law unless incorporated into domestic law. 75 It should be noted,
however, that while the country has ratified a number of treaties, there has not been a comprehensive
domestication of these treaties. This has made it hard to enforce the countrys international obligations
in the domestic courts.

3.4 Ratification of UN, ILO and regional instruments

Instrument Date of deposit of Status of reporting
ratification/accession

ICCPR 21 September 1995 Made Initial report 25/02/2003,

second periodic report due 01
April 2008

ICESCR 21 April 1987 No report

Optional Protocol to ICCPR 14 February 1996 N/A

CERD 21 September 1980 Made initial report 05/08/1983,

2nd, 3rd, 4th, & 5th Report
13/08/1991 and 6th, 7th, 8th, 9th
and 10th report 20/06/2001. 11th,
12th and 13th not yet submitted,
overdue 21/12/2005

Art 14 of CERD Not ratified

CEDAW 21 August 1985 Initial and 2nd report

01/06/1992. 3rd submitted
22/05/2000; 4 and 5th reports
th

overdue 21/08/2002.

72
See I Brownlie Principles of public international law (1990) 32 33.
73
Art 123(2).
74
Ch 204, Laws of Uganda 2000.
75
See Paul Kawanga Ssemwogerere & Ors v Attorney General Constitutional Petition 5 of 2002
(unreported).
Protocol to CEDAW Not ratified

CRC 10 September 1990 Initial report submitted

01/02/1996; 2nd Report
submitted 02/08/2003; 3rd, 4th,
and 5th report due 15/09/2012.

Protocol to CRC- Armed Conflict 06 June 2002 Submitted report 16/08/2007

Protocol to CRC - Sexual 18 January 2002 Submitted report 16/08/2007

Exploitation

Genocide Convention 14 November 1995 N/A

Slavery Convention 1927 12 August 1964 N/A

Supplementary Slavery 12 August 1964 N/A

Convention 1956

CAT 26 June 1987 Submitted initial report

19/05/2004; 2nd report due
25/06/2008.

Art 22 of CAT -

CMW 01 July 2003 Initial report overdue

01/07/2004.

Art 77 of CMW -

Convention on Biological 11 September 2003 No information

Diversity

Convention Date of ratification Status of reporting

ILO 29 (Forced Labour) 04 June 1963

ILO 105 (Abolition of Forced 04 June 1963

Labour)

ILO 100 (equal remuneration) 02 June 2005

ILO 111 (discrimination in 02 June 2005

employment and occupation)

ILO 107 (indigenous and tribal Not ratified

populations)

ILO 169 (Indigenous Peoples) Not ratified

ILO 138 (minimum age) 25 March 2003 Not reported

ILO 182 (Worst Forms of Child 21 June 2001 Not reported

Labour)

The author could not get information on the reporting status of parties to the ILO Conventions.
Instrument Date of deposit of Reporting status
ratification/accession

African Charter 10 May 1986 Submitted initial report May

2000, submitted 2nd report
September 2006; the 3rd to 9th
report are overdue 10/05/2004

African Charter on the Rights of 17 August 1994 Initial report was due on
the Child 29/11/2001, there is no evidence
of reporting

Protocol on the Rights of Women Not yet ratified

Protocol on the African Court 16 February 2001 N/A

Convention on Nature and 15 November 1977 No evidence of reporting

Natural Resources, 1968

Revised Version of Convention Not yet ratified

on Nature and Natural Resources,
2003

OAU Refugee Convention 1969 24 July 1987 No evidence of reporting

Cultural Charter for Africa 10 May 1986 N/A

3.5 Extent of state obligations under selected instruments

The most authoritative international instrument protecting the rights of indigenous and tribal peoples
is ILO Convention 169. While Uganda has not ratified this Convention it is important to detail the
obligations the instrument imposes on states. This is because one is then able to detail the nature of
the violations of indigenous peoples rights and to demonstrate that there is actually an instrument that
can be used to ameliorate the condition of these people. This discussion can be used to impress upon
Uganda the need to ratify and domesticate this instrument.

Convention 169 compels governments to develop co-ordinated and systematic action for the
protection of indigenous peoples and their progressive integration into the life of their respective
countries. 76 The Convention requires governments to consult and secure the participation of
indigenous peoples in this process. 77 Indigenous peoples are also guaranteed the right to decide their
own priorities for the purposes of development as it affects their lives, beliefs, institutions and
spiritual well-being and the land they occupy or otherwise use, and to exercise control, to the extent
possible, over their own economic, social and cultural development. 78 According to the provisions of
the Convention, the improvement of the conditions of life and work and levels of health and education
of indigenous peoples shall be given high priority in plans for the over-all economic development of

76
Art 2.
77
Art 6.
78
Art 7(1).
areas inhabited by these populations. 79 Governments are compelled to protect the environment in
which these people live 80 and to protect the customs and institutions of these populations. 81 This is in
addition to protecting indigenous peoples rights in land and natural resources, 82 including protection
from forced removals. 83 The Convention also guarantees indigenous peoples such economic and
social rights as social security, health care and education. 84

Another important instrument that has emerged is the UN Declaration on the Rights of Indigenous
Peoples (UNDRIP), adopted by the General Assembly on 13 September 2007. 85 Unfortunately,
however, Uganda was not present at the voting on this Declaration and its position on it is not known.
In spite of this, it does not mean that the obligations defined in this Declaration are not binding on
Uganda. This is because one could argue that as the Declaration was voted for by an overwhelming
majority, with only Australia, Canada, New Zealand and the United States voting against it, is an
affirmation of its status as customary international law.

UNDRIP affirms the right of indigenous peoples to the full enjoyment of the rights guaranteed in the
various UN human rights instruments. UNDRIP also enumerates a number of rights guaranteed to
indigenous peoples, these include: the right to self-determination, which includes the right to
autonomy or self-determination in matters relating to indigenous peoples internal and local affairs; 86
right to maintain distinct political, legal, economic, social and cultural institutions; 87 right to
nationality; 88 right to live as distinct people and not to be subjected to genocide; 89 right not to be
forcibly removed from their lands or territories; 90 right to revitalise and practice their culture; 91 right

79
Art 7(2).
80
Art 7(4).
81
Art 8.
82
See arts 13 and 14. This includes recognition of the special importance for the cultures and spiritual
values of the peoples concerned and their relationship with the lands or territories. See also art 15.
83
Art 16.
84
See arts 24 31.
85
General Assembly Resolution A/Res/61/295.
86
Art 4. Related to this is the right to participate in decision-making in matters that affect indigenous
peoples, see article 18. Related to this is the right of indigenous people to determine and develop
priorities and strategies for exercising their rights and to be actively involved in developing,
determining and administering health, housing and other economic and social programmes affecting
them (art 23) See also art 20.
87
Art 5.
88
Art 6.
89
Art 7(2).
90
Art 10. See also arts 32 and 20(2) which guarantees redress to indigenous people deprived of their
means of subsistence and development and art 26 which guarantees indigenous people the right to land,
territories and natural resources which indigenous peoples traditionally own. Art 27 obligates states to
establish and implement, in conjunction with indigenous peoples, processes giving due recognition to
the laws, traditions, customs and land tenure systems of indigenous people.
91
Art 11. This includes the right to maintain, protect and develop the past, present and future
manifestations of their cultures, such as archaeological and historical sites, artefacts, designs,
ceremonies, technological and visual and performing arts and literature. See also art 31.
to redress, including restitution of cultural, intellectual, religious and spiritual property taken without
prior consent; 92 religion and language related rights; 93 right to education and to establish education
institutions tutoring in indigenous languages; 94 labour-related rights including prohibitions of child
labour and exploitation; 95 right of indigenous elders, women, youth children and persons with
disabilities to particular attention in the implementation of the UNDRIP (women and children are also
protected against all forms of violence and discrimination); 96 right to traditional medicines and
maintenance of health practices; 97 and right to maintain spiritual relationship with natural resources. 98
UNDRIP also prohibits military activities from taking place in indigenous peoples territories unless
in the public interest so demands. 99

At the African regional level the leading instrument from which the rights of indigenous peoples can
be deduced is the African Charter on Human and Peoples Rights (African Charter). 100 This
instrument guarantees individuals a number of rights to be enjoyed without distinction of any kind
such as race, ethnic group, language, or national and social origin. 101 In addition to all the rights in
Charter, it is important to note that there are certain categories of rights that are capable of addressing
the problems faced by indigenous peoples in a very specific manner. These include the right to
equality, right to self-determination, right to freely dispose of wealth and the right to economic, social
and cultural development. In this regard, the Charter provides that all peoples shall be equal; they
shall enjoy the same respect and shall have the same rights and that nothing shall justify the
domination of a people by another. 102

3.6 National human rights institutions

In addition to the UHRC there are a couple of state institutions discussed in this section that protect
and promote various human rights.

3.6.1 The Uganda Human Rights Commission

The UHRC is Ugandas national human rights institution created by the Constitution, with mandate,
amongst others, to investigate violations of human rights and to monitor government compliance with
its human rights obligations detailed in the Constitution. This is in addition to making

92
Art 11(2). See also art 28.
93
See arts 12 and 13.
94
Art 14
95
Art 17.
96
Art 22(2).
97
Art 24.
98
Art 25.
99
Art 30.
100
Adopted on June 27, 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982) entered into force 21
October 1986.
101
Art 2.
102
Art 19.
recommendations to Parliament on measures to promote human rights. 103 The Commission is obliged,
every year, to report on the state of human rights in the country and to submit its report to Parliament.
The Commission has since its establishment played a very important role in highlighting human rights
violations in the country and making recommendations for rectification. The most prominent feature
of the Commissions mandate is its quasi-judicial power, which allows it to investigate, entertain
evidence and make judicial determinations of whether or not human rights have been violated. The
Commission has on several occasions investigated and published its findings with regard to the
human rights problems of marginalized groups and made recommendations on how these could be
rectified. In its 9th Annual Report, for instance, the Commission analyses the human rights
implications of the Karamoja disarmament programme. This is in addition to the problem of
pastoralists resulting mainly from the lack of access to land, which has given rise to clashes between
pastoralists and cultivating communities. The Commission has also dealt with the issue of
vulnerability and has identified vulnerable groups to include minority groups, which it says will lose
their identity if not protected. 104

It should be noted, however, that the biggest drawback to the Commissions good work is the
reluctance of government to implement most of its recommendations. This is in addition to the
recalcitrance demonstrated towards the decision of the Commission arising from the consideration of
complaints regarding the violation of the rights. This has left victims of violations with hollow
judgments that guarantee remedies, such as payment of compensation, that are never implemented. In
its Concluding Observation to Ugandas State Report in 2004, 105 the Human Rights Committee
observed that:

While acknowledging the important role of the Uganda Human Rights Commission in the promotion
and protection of human rights in Uganda, the Committee is concerned about recent attempts to
undermine the independence of the Commission. It is also concerned about the frequent lack of
implementation by the State party of the Commissions decisions concerning both awards of
compensation to victims of human rights violations and the prosecution of human rights offenders in
the limited number of cases in which the Commission had recommended such prosecution (article
2). 106

103
See art 52(1) of the Constitution. For a detailed discussion of the labour rights see J Barya Freedom of
association and Ugandas new labour laws: A critical analysis of workers organizational rights
Human Rights and Peace Centre Working Paper 4 (April 2004).
104
Uganda Human Rights Commission (UHRC) 8 Annual Report 87.
105
Human Rights Committee Consideration of the Reports Submitted by States Parties Under Article 40
of the Covenant: Concluding Observations, Uganda, CCPR/CO/80/UGA.
106
Para 7.
3.6.2 The Equal Opportunities Committee of Parliament
In a commendable move, Parliament has established the Equal Opportunities Committee as one of its
standing committees. 107 The Committee has the mandate of monitoring and promoting measures
designed to enhance the equalization of opportunities and improvements in the quality of life and
status of all people. This includes groups that have been marginalized on the basis of gender, age
(elderly, youth and children), disability or any other reason created by history, tradition or custom for
the purposes of redressing the imbalances which exist against them. In May 2007, the Committee
undertook a working visit among the Batwa people living in the districts of Kisoro and
Bundibugyo. 108 In its report, the Committee outlines the objective of its visit, amongst others, to
include getting familiarized with the issue of land for resettlement because neither the government nor
the donors have come out in to support the programme in order to resolve the land question once and
for all. This is in addition to finding out why the Batwa are largely excluded from leadership
structures in the society. The Committee also wanted to ascertain the level of support for Batwa
projects within Uganda, especially from the local governments, and to come up with
recommendations to attract or improve support for their initiatives and projects. 109

During this visit the Committee discussed the problems of the Batwa with their representatives and
interrogated local government leaders on the steps they had undertaken to attend to the needs of the
Batwa. Convinced that not enough had been done for the Batwa, the Committee made a number of
recommendations as will be illustrated in part II of this report.

3.6.3 The Equal Opportunities Commission

The Equal Opportunities Commission (EOC) is established by an Act of Parliament, the Equal
Opportunities Commission Act (EOCA) 110 The Commission is established to give effect to the
constitutional mandate to eliminate discrimination and inequalities against any individual or group of
persons and to take affirmative action in favour of marginalised groups. 111 The EOC is mandated to
monitor, evaluate and ensure that policies, laws, plans, programs, activities, practices, traditions,
cultures, usages and customs are compliant with equal opportunities and affirmative action in favour
of marginalised groups. 112 The EOC is required to investigate, either upon a complaint or on its own
initiative, any act that seems to amount to or constitute discrimination, marginalization or otherwise
undermines equal opportunities; examine any law, proposed law, policy, culture, tradition or usage
which is likely to nullify or impair equal opportunities; develop, conduct and manage educational

107
See Rule 156 of the Rules of Parliament.
108
See Report of the Equal Opportunities Committees working visit to Bundibugyo and Kisoro (May
2007); unpublished, on file with author.
109
Report of Committee 4.
110
Act 2 of 2007.
111
Long title to EOCA.
112
EOCA, sec 14.
programmes to facilitate and promote awareness of equal opportunities; undertake research and
organize, coordinate and promote workshops, seminars, conferences and public discussions on equal
opportunities; prepare and publish guidelines for the implementation of equal opportunities and
avoidance of acts that undermine equal opportunities; and monitor compliance with the provisions of
international and regional treaties or other instrument to which Uganda is a party. 113 The EOC also
has powers to hear and determine complaints by any person against any action, practice, usage, plan,
policy programme, tradition, culture or custom which amounts to discrimination, marginalization or
undermines equal opportunity. 114 The Commission has, however, not yet been established as the
commissioners have not been appointed.

113
EOCA, sec 14(2).
114
EOCA, sec 14(4). In discharging this function the EOC has powers to order any person or authority to
adopt or take particular steps or action to promote equal opportunities.
 Part II Legal protection of indigenous peoples

1. Recognition and identification

As I have already demonstrated, the term indigenous peoples in Uganda is used to mean all persons
that have African origins and have lived in Uganda since it was declared a British protectorate and its
boundaries demarcated. 115 The government values the identification of one as a Ugandan citizen in
accordance with criteria set out in the Constitution above all other considerations. 116 The Constitution
makes provision for three forms of citizenship. These include citizenship by birth, citizenship by
registration and citizenship by naturalisation. A person is a citizen by birth if he or she was born in
Uganda and one of his or her parents or grandparents is or was a member of the indigenous
communities existing and residing within the borders of Uganda as of the first day of February 1926,
and set out in the Third schedule of the Constitution. 117 A person born outside Uganda can also be a
citizen if one of his or her parents or grandparents was, at the time of birth of the person, a citizen of
Uganda. 118 The Constitution also presumes any child of not more than five years of age and whose
parents cannot be traced to be a Ugandan citizen by birth. 119 Citizenship by registration may be
acquired on application by a person who has continuously lived in Uganda from 9 October 1962 120
and one whose parents or grandparents were neither diplomats nor refugees. 121 Other persons who can
apply to be registered as citizens include those married to Ugandans, those who migrated to Uganda
and lived there for over ten years and persons who had lived in the country for over 20 years at the
time of the commencement of the Constitution. 122 Citizenship by naturalisation is granted on
application to a person who has resided in Uganda for over 20 years and continuously for 24 months
preceding the date of the application, is of good character, has adequate knowledge of the vernacular
or English and intends to stay in Uganda permanently. 123

As already demonstrated, Uganda is home to a number of indigenous peoples as understood in

international law. The most prominent of these are the Batwa and Karamoja; this is in addition to such
groups as the Benet. While there is no official government policy recognising indigenous people as
understood internationally, there is a tendency to recognise some groups as marginalised and

115
See section 1.1 above.
116
Ch 3.
117
Art 10(a).
118
Art 10(b).
119
Art 11(1).
120
This is the day Uganda acquired independence from British colonial rule.
121
Art 12(1).
122
Art 12(2).
123
See sec 16 of the Uganda Citizenship and Immigration Control Act, Cap 66, Laws of Uganda 2000.
vulnerable or as minorities. The Ministry of Gender, Labour and Social Development has, for
instance, recently embarked on an exercise to establish a data bank providing information on minority
ethnic communities. 124 While the Ministry uses the term indigenous peoples, together with
minorities, it is clear from the rest of its study that reference is being made to minority ethnic groups
and not indigenous peoples as understood internationally. Yet the study begins from a wrong
premise by ignoring the fact that the languages and cultures of minority ethnic groups are under
threat: the challenges faced by the minorities, indigenous peoples and marginalised communities are
not primarily those of language or culture, but more related to social, employment, education and
training issues. 125

It has been argued that the cumulative effect of characterising all ethnic groups as indigenous peoples
is that the Batwa have been unable to enjoy their collective rights as indigenous peoples and to have
remedies for the violation of such rights. 126 In my opinion, the absence of laws that recognise
indigenous peoples could, amongst others, be associated with the fact that Uganda has not ratified
such international instruments as ILO Convention 169, which, as already indicated, defines and
advances the rights of indigenous peoples. Nonetheless, it will be demonstrated that there are legal
provisions that could be utilised to advance the rights of indigenous peoples in Uganda.

2. Non-discrimination
Discrimination against indigenous peoples in Uganda, like in many other countries, manifests itself in
various forms. In many places, for instance, such indigenous peoples as the Batwa are ostracised by
their neighbours; they are shunned as sexual partners with other ethnic groups, 127 they are considered
underdeveloped, backward and in some respects sub-human. 128 It will also be demonstrated that in
Uganda discrimination on the basis of sex and gender is rampant and women are more socially and
economically deprived than men. Indigenous women are not any different. The impact of
discrimination on the Batwa is subtly captured in the Supplement Report to the Africa Commission as
follows:
[D]iscrimination is still widespread in rural areas and impacts negatively on Batwa lives on a
daily basis. Discrimination, poverty and exclusion directly affect the Batwas ability to find
work and positions of responsibility in Ugandan society. The majority of Batwa communities
remain isolated from the rest of Ugandan society due to their poverty and mutual distrust that
exists between Batwa and Ugandas other ethnic groups, as well as their lack of access to
information and low self-confidence in being able to take advantage of the opportunities open
to them. Although there is one Batwa senator in Rwanda and several Batwa political

124
Ministry of Gender.
125
Ministry of Gender 6.
126
See Forest Peoples Programme, United Organisation for Batwa Development in Uganda (UOBDU) and
International Work Group for Indigenous Affairs Supplement Report on the First Periodic Report of
Uganda to the African Commission on Human and Peoples Rights, May 2006 9.
127
Parliamentary Committee 11.
128
ACWGIPC Report 35.
 representatives in Burundi, there are no known Batwa holding positions of political
responsibility in Uganda. Access to health, education and other social services is also
extremely low among the Batwa communities, and their housing conditions are extremely dire
and precarious. 129

As a member of the UN, and as a party to a number of human rights instruments, Uganda is bound by
the UN instruments that promote non-discrimination. There is evidence that Uganda has taken steps to
effect these provisions. The question, however, is the extent to which the provisions have been
implemented. The Ugandan Constitution provides that all persons are equal before and under the law
in all spheres of political, economic, social and cultural life, and that no one may be discriminated
against on the ground of sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or
economic standing, political opinion or disability. 130 The Constitution defines discrimination as giving
different treatment to different persons attributable only or mainly to their respective description by
the grounds enumerated above. 131 The EOCA gives an even more enhanced definition of the term
discrimination and also defines such terms as equal opportunities and marginalisation. According
to this Act: discrimination means any act, omission, policy, law, rule, practice, distinction,
condition, situation, exclusion, or preference which, directly or indirectly, has the effect of nullifying
or impairing equal opportunities or marginalising a section of society or resulting in unequal treatment
of persons in employment or in the enjoyment of rights and freedoms on the basis of sex, race, colour,
ethnic origin, tribe, birth, creed, religion, health status, social or economic standing, political opinion
or disability. Equal opportunities is defined to mean having the same treatment or consideration in
the enjoyment of rights and freedoms, attainment of access to social services, education, employment
and physical environment or the participation in social, cultural and political activities regardless of
sex, age, race, colour, ethnic origin, tribe, birth, creed, religion, health status, social or economic
standing, political opinion or disability. Marginalisation is defined to mean depriving a person or a
group of persons of opportunities for living a respectable and reasonable life as provided in the
Constitution. 132

Uganda embraces the concept of equality in its widest form, which is substantive equality, to include
the adoption of affirmative action. Parliament is empowered to enact laws that are necessary for the
purposes of implementing policies and programmes aimed at redressing social, economic, educational
or other imbalances in society. 133 The Constitution also makes provision for affirmative action in
favour of marginalised groups. Article 32(1) provides as follows:
Notwithstanding anything in this Constitution, the State shall take affirmative action in favour
of groups marginalised on the basis of gender, age, disability or any other reason created by

129
Supplement Report 8 9.
130
Art 21(1) and (2).
131
Art 21(3).
132
Sec 1.
133
Art 21(4).
 history, tradition or custom, for the purposes of redressing the imbalances which exist against
them.

It is, however, clear that the provision was designed to address the needs of such groups as women,
children and persons with disabilities. 134 In spite of this, the provision is crafted in wide terms to
include groups marginalised on the basis of any other reason created by history, tradition or custom.
This obviously embraces indigenous and tribal peoples.

The obligation to undertake affirmative action for the benefit of marginalised groups is also
constitutionally extended to the local government councils. The Constitution requires that the law
adopted by Parliament to regulate local councils provides for affirmative action for all marginalised
groups referred to in article 32. 135 However, as will be seen later, other than women, youth and
disabled persons, the local government laws do not make provision to the benefit of indigenous
peoples. Neither does the law establish structures to ensure that indigenous peoples participate
effectively in decision-making processes.

The obligation on the state to promote non-discrimination extends to the provision of socio-economic
goods and services. In the National Objectives and Directives of State Policy, the state is required to
ensure that all Ugandans enjoy rights and opportunities and access to education, health care services,
clean and safe water, work, decent shelter, adequate clothing, food security and pension and
retirement benefits. 136 The state is also compelled to give the highest priority to the enactment of
legislation establishing measures that protect and enhance the right of people to equal opportunities in
development. 137 The Constitution also makes provision for the establishment of the Equal
Opportunities Commission, 138 which, as is discussed above, is mandated to eliminate discrimination
and inequalities against any individual or group of persons.

In spite of all the above provisions and structures, discrimination against indigenous peoples
continues to manifest itself on a large scale. This is attributable mainly to the failure on the part of the
state to recognise and identify indigenous peoples and to adopt policies that are expressly directed at
addressing the special needs of these people. It is therefore not surprising that, as with local
government structures, indigenous peoples are not represented on the EOC. This is in addition to the
fact that the EOCA does not have any provisions that expressly address the special needs of

134
It has been submitted that the reason this provision was drafted to expressly include women and
persons with disabilities was to secure government representation in the legislature. This is because
these groups have seats in Parliament, whose occupants are elected through electoral colleges, which
are most times controlled by the ruling party. Wairama 13.
135
Art 180(2)(c).
136
Objective XIV(b).
137
Objective XI.
138
Art 32(3) and (4).
indigenous peoples. In terms of the composition of the Commission, only youth, women and persons
with disabilities are represented. 139

3. Self-management
As already mentioned, ILO Convention 169 guarantees indigenous peoples the right to decide their
own priorities for the purposes of development as it affects their lives, beliefs, institutions and
spiritual well-being and the lands they occupy or otherwise use, and to exercise control, to the extent
possible, over their own economic, social and cultural development. 140 The right to self-determination
is also confirmed by UNDIP, which defines the right to self-determination to include the right to
autonomy or self-determination in matters relating to indigenous peoples internal and local affairs. 141
In addition to these instruments, the African Charter on Human and Peoples Rights guarantees the
right of all peoples to existence and to the unquestionable and unalienable right to self-determination,
which includes the right of peoples to freely determine their political status and to pursue their
economic and social development according to the policy they freely choose. 142 In addition, the
Charter provides that all peoples shall freely dispose of their wealth and natural resources, which right
shall be exercised in the exclusive interest of the people. 143 The Charter also guarantees all peoples
the right to their economic, social and cultural development with due regard to their freedom and
identity and in the equal enjoyment of the common heritage of mankind. 144

In Uganda, the Constitution makes provision for a number of structures that could be used by
indigenous peoples to ensure that they manage their own affairs. This includes an elaborate system of
decentralisation and local governance in addition to establishment of the institution of
traditional/cultural leaders. The system of local government is discussed in detail in the next sub-
section; what is clear, however, is that such indigenous peoples as the Batwa have not been able to
effectively use the local government structures to achieve self-management. This is because of their
minority position: local government constituencies are organised not along ethnic but geographical
demarcations.

The institution that would cover this deficiency is the one of traditional or cultural leaders as put in
place by the Constitution. The Constitution provides that the institution of traditional or cultural

139
Sec 5(1).
140
Art 7(1).
141
Art 4. Related to this is the right to participate in decision-making in matters that affect indigenous
peoples, see art 18. Related to this is the right of indigenous people to determine and develop priorities
and strategies for exercising their rights and to be actively involved in developing, determining and
administering health, housing and other economic and social programmes affecting them (art 23); see
also art 20.
142
Art 20.
143
Art 21.
144
Art 22.
leaders may exist in any area of Uganda in accordance with the cultures, customs and traditions or
wishes and aspirations of the people to whom it is applied. 145 A traditional or cultural leader is
defined to mean a king or similar traditional leader who derives allegiance from the fact of birth or
descent in accordance with the customs, traditions, usage or consent of the people led by that
traditional or cultural leader. 146 These institutions are body corporates with perpetual succession and
may own property. Their leaders are prohibited from taking part in partisan politics. It should be noted
that the provisions on traditional rulers have general application; they are not desegregated to apply to
specific ethnic groups. Yet, it has not been a walk in the park to establish these institutions, ethnic
groups have only succeeded through lobbying government and, in some cases, by threatening to
withdraw their loyalty. As a result, not all communities have benefited from the provisions. It is only
those groups that have substantial numbers with some political influence that have succeed in
establishing these institutions and securing government support for the same. This has mainly
included previously-centralised or semi-centralised communities like the Banyoro, Basoga and
Batoro. It has been very hard for communities that did not have centralised, or at least fairly
centralised, leadership prior to colonialism to establish traditional leaders. This explains why the
Karamjongo, Batwa and Balalo have not been able to provide traditional leadership and have
therefore not benefitted from this institutional arrangement.

4. Participation and consultation

In addition to ensuring that indigenous peoples are not discriminated against, one of the objectives of
the international human rights law relating to indigenous peoples is to ensure that they participate in
the decision making processes, especially those that affected them. As seen above, ILO Convention
169 obligates states to consult indigenous peoples whenever considering measures which may affect
them. The states are also obliged to establish means by which indigenous peoples freely participate in
decision-making in elective and administrative institutions. 147 These provisions are complemented by
others which promote the self-management of indigenous peoples with respect to matters that affect
them. 148 The obligations on the state to ensure the participation of indigenous peoples, just like with
other people, could also be derived from the various international and regional instruments such as the
ICCPR and the African Charter. 149 The extent of indigenous peoples participation and consultation in
the formulation of national policy and decisions concerning them can be epitomised by statements by
the Batwa. The Batwa have expressed their disappointment arising from the failure on the part of
government to consult them:

145
Art 246(1).
146
Constitution, art 246(6).
147
Art 6.
148
See art 7 of Convention 169.
149
See art 25 of the ICCPR on the right to participate in public affairs and art 13 of the African Charter on
the right to participate freely in ones government.
 Despite ... the fact that Uganda has some of the more progressive policies related to land
and poverty alleviation in the region, implementation is still ineffective and the Batwa feel
left behind in Ugandas development process. There has been little to [sic!] no Batwa
participation in the formulation of development strategies, policies and projects in general
and there is no institutional mechanism for future Batwa participation. There was no Batwa
participation in the formulation of Ugandas Poverty Reduction Strategy Paper, and there
are no legal guarantees or remedies giving effect to the internationally recognised rights of
indigenous peoples to meaningfully participate in and, in some cases, give or withhold
consent to development policies, programmes and initiatives to effect them. 150

It has not been any easy in other parts for indigenous peoples to secure their participation in the
management of their natural resources. The most visible example of such failure is the attempt of the
Benet people on Mountain Elgon to engage the UWA in order to participate in the management of the
Mountain Elgon National Park. Due to a historical conflict, the Benet people were excluded from
management of the Park by UWA, 151 which culminated into an impasse leading to the 2005 legal
action described above.

The situation above exists even when there are some legal guarantees that could be used to ensure the
participation and consultation of indigenous peoples. In Uganda, the National Objectives and
Directives of State Policy provide that the state shall be based on democratic principles which
empower and encourage the active participation of all citizens at all levels of governance. 152 The
Constitution also guarantees minorities the right to participate in decision-making processes and
provides that their views and interests shall be taken into account in the making of national plans and
programmes. 153 As already mentioned, the state is also to be guided by the principles of
decentralisation and devolution of governmental functions and powers. To achieve these objectives,
the Constitution establishes two tracks through which participation and consultation of the people can
take place. The first track of representation is through Parliament, which is established with powers to
make law on any matter for the peace, order, development and good governance of Uganda.

As already noted, Parliament is also composed of persons representing special interest groups for the
purposes of achieving affirmative action. It should be noted, however, that the trends in promoting
affirmative action for purposes of participation are not any different from the ones discussed above; it
is women, children, and persons with disabilities that have been fronted as beneficiaries of affirmative
action. Ethnicity is, for instance, not a ground for special representation. One could argue though that
the Parliamentarians represent geographical constituencies located in areas occupied by specific
ethnic groups. Though constituencies are not drawn on the basis of ethnicity, as a matter of fact,

150
Supplement Report, para 73.
151
See AHI Brief 2.
152
Objective II(ii).
153
Art 36.
specific ethnic groups occupy different parts of Uganda and it is common that members of Parliament
from a specific region are members of the ethnic group that dominates that area. There are, for
instance, over ten members of Parliament from Karamoja, who are themselves Karamajong. 154
However, also as a matter of fact, these members of Parliament have political party affiliations. When
in Parliament they struggle to represent, not the interests of their ethnic groups as such, but those of
the political party, and at the very minimum those of the geographical areas. Another problem is that
since representation is not formalised on the basis of ensuring the participation of indigenous tribes,
such groups as the Batwa are not represented. There is not even a single Mutwa in Parliament. This is
because the Batwa are minorities and discriminated upon in the districts they stay in; they cannot
therefore compete for public office on the basis of majoritarian democracy. Additionally, the Batwa
are also largely uneducated and do not have the academic qualifications requisite for one to compete
for a place in Parliament.

The second track of participation and consultation is the local government system, which is regulated
by Chapter Eleven of the Constitution and the Local Government Act. 155 The Local Government Act
creates representative government units organised in a hierarchal manner from the village, parish,
county, sub-county and district levels. 156 Apart from the district councils, which enjoy only executive
and legislative powers, the other levels enjoy judicial powers in addition to executive and legislative
powers. 157 Like with Parliament, the only special interest groups represented, up to the sub-county
council, are the youth, women and persons with disabilities. Again like with Parliamentary
constituencies the structures of the parish and village administrative units are such that representation
of the dominant ethnic group in that area is guaranteed. While such groups as the Karamajong enjoy
dominance in the Karamoja region, the Batwa do not dominate many villages. 158 This is because of
evictions that have occurred resulting from the gazetting of areas of Mgahinga and Bwindi where the
Batwa were dominant. In the case of the Balaalo, it has been hard for them to participate in these
government structures because of their nomadic life. Yet, even in those areas where they have
temporarily settled, their discrimination and marginalisation make it hard for them to participate in
local government.

Apart from the failure to ensure effective participation the government of Uganda has also failed to
ensure that there is effective consultation of indigenous peoples before decisions are made on matters
affecting them. The most visible incident of such omission is in the processes leading to the creation

154
See List of members of Parliament at
<http://www.parliament.go.ug/index/php?option+com_wrapper&Itemid=37> (accessed on 30 January
2008).
155
Ch 243, Laws of Uganda 2000.
156
See secs 10 48 of the Local Government Act.
157
See The Local Council Courts Act, 2006.
158
Parliamentary Committee 11.
of the several conservation areas which has led to the eviction of indigenous peoples from these areas.
It will be demonstrated, for instance, that the Batwa were never consulted during the processes that
led to the loss of their ancestral land in Mgahinga and Bwindi Impenetrable. 159

It should be noted, however, that the Magahinga and Bwindi Impenetrable Forest Conservation Trust
(MBIFCT), which is the trust that manages this Game Park, has taken some steps to ensure that Batwa
people participate in and are consulted in the management of the park. 160 MBIFCT has, for instance,
organised workshops on increased involvement and participation of Batwa communities in
conservation activities. Batwa people have also been invited to participate in these workshops. 161 It
has been reported that this consultation led to the establishment of a distinct Batwa component in the
work of MBIFCT. In spite of this, the Batwa have not fully benefited from the projects connected to
this component, it appears that the implementation of the component has been skewed. 162

Note should be taken of organisations that have committed time and resources to ensure that
indigenous peoples participate in their governance and are consulted on issues that affect them. The
FPP has reported on the initiatives it has taken to ensure that the Batwa participate in their local
government. This has been in the form of mediating between the Batwa and local government leaders.
FPP has, for instance, successfully pushed for the recognition of UOBDU amongst local leaders as an
organisation representing Batwa people. Additionally, FPP has been following up on key decisions
taken in meetings, between Batwa peoples and such stakeholders as government agencies, to ensure
that these are implemented. 163

Within the Karamoja region, the government should be commended for having adopted the World
Bank-funded Northern Uganda Social Action Fund (NUSAF), a programme that is intended to
address the poverty of disadvantaged people in the North and North-eastern parts of the country. 164
The structure of this programme and the strategies for its implementation are, amongst others,
designed to maximise community participation in development initiatives. According to the World
Bank, the programme is aimed at empowering communities by enhancing their capacity to identify,

159
See Supplement Report 21.
160
See Forest People Programme FPP support for capacity building and sustainable use of Batwa
communities around Mgahinga and Bwindi Impenetrable forests, South West Uganda (August 2002)
available at http://www.forestpeoples.org/documents/africa/uganda_batwa_overview_aug02_eng.shtml
(accessed on 10 April 2008).
161
Zaninka 179.
162
Zaninka 181.
163
See FPP.
164
See Northern Uganda Social Action Fund at <http://www.nusaf.go.ug/>.
prioritise and plan for their needs and implement sustainable development initiatives that improve
socio-economic services and opportunities. 165

5. Access to justice
The right of access to justice in Uganda can be derived from the right to a fair hearing as guaranteed
by the Constitution. The Constitution provides that in the determination of civil and political rights
and obligations or any criminal charge, a person shall be entitled to a fair, speedy and public hearing
before an independent and impartial court or tribunal established by law. 166 In spite of this, Uganda,
like many African countries, does not have a properly-functioning and efficient justice system, which
is accessible to all people irrespective of their social, political or ethnic origin. The Ugandan justice
system is faced with a number of challenges, which include: slow disposal of cases and a huge case
backlog, overcrowding in prisons, inaccessibility to justice dispensing structures, ignorance of rights
of those seeking justice, limited personnel and logistical problems in the various justice dispensing
institutions, corruption and inadequate and outdated legislation. 167

English is the official language of Uganda with Swahili listed as a second official language to be used
in circumstances designated by Parliament. The language of court is, therefore, English; interpretation
services are provided where the parties do not understand or speak English. The problem with this is
that at times it slows down the court processes as an appropriate interpreter is sought. This is
especially where the interpreter is sought for languages not commonly spoken such as the languages
of indigenous peoples.

Due to high levels of corruption, in addition to the high cost of legal representation in the formal
courts, access to justice in Uganda has remained the preserve of the rich, the educated and those with
political power. The poor cannot afford expensive legal fees in a country where all lawyers are
concentrated in the capital city, which prevents many people from having effective legal
representation. 168 According to DANIDA:
Following almost two decades (1966-1986) of political, civil and economic regress in
Uganda, there has been an extensive break down of functions of the state including the
maintenance of law and order. Institutions responsible for the delivery of justice lack the

165
See World Bank Northern Uganda Social Action Fund Project at
http://web.worldbank.org/external/projects (accessed on 18 January 2008).
166
Art 28.
167
Danish Ministry of Foreign Affairs DANIDA Access to justice component in Democracy, Justice and
Peace Programme Uganda 2006 2010: Component description (October 2005) available at
http://www.danidadevforum.um.dk/en/menu/Topics/GoogGovernance/Programmes/Country/Program
mes/Africa/Uganda/ (accessed on 11 February 2008) 3.
168
See Ministry of Justice and Constitutional Affairs, Justice, Law and Order Sector Participatory poverty
assessment on safety, security, and access to justice: Voices of the poor in Uganda (January 2002)
available at http://www.commonlii.org/ug/other/UGJL/report/R3/3.pdf (accessed on 11 February 2008)
29.
 infrastructure, logistics, personnel and proper legal and policy direction to effectively execute
their functions. Under these circumstances, access to justice for all persons, rich or poor has
been a mirage given that even the rich have had to purchase it at a very high cost. 169

Uganda does not have an effective legal aid system. Constitutionally, only persons charged with
offences that carry a sentence of death or life imprisonment are entitled to legal representation at the
expense of the state. 170 In other cases the accused person or a party to a civil suit has to pay for legal
services and will go unrepresented if he or she cannot afford to pay. There are a few civil society
organisations such as the Association of Women Lawyers (FIDA), the Uganda Law Society and the
Law Development Centre that offer legal aid to poor litigants. The legal aid clinics operated by these
organisations have been able to provide legal services for the poor and have managed to set up
alternative dispute resolution mechanisms. 171 These organisations, however, have limited capacity and
are situated to handle an extremely small proportion of poor people in need of legal representation.

The government is aware of the challenges facing the justice system; in 1999 the government adopted
the Justice, Law and Order Sector (JLOS). 172 The overall objective of JLOS is improving the
administration of justice through coordinated programme planning, budgeting, implementation,
monitoring and evaluation of all sector institutions. 173 One of the specific objectives is promoting the
right of access to justice particularly by the vulnerable. 174 One of the activities to achieve this
objective is the construction of regional courts and offices of the Directorate of Public Prosecutions
(DPP) in order to de-concentrate justice services away from the city. 175 However, in spite of the focus
being on the vulnerable, there is no specific focus on indigenous peoples as a vulnerable group. This
does not mean though that indigenous peoples will not benefit from reforms arising from JLOS, the
problem is that such benefits may be very limited for indigenous peoples because they are provided
for all in an environment that promotes discrimination against indigenous peoples.

While the majority of Ugandans have problems accessing the justice system, the situation for
indigenous peoples is even more precarious. 176 Their discrimination and marginalisation, in addition

169
DANIDA 5.
170
Art 28(3)(e).
171
Austrian Development Cooperation Country Programme Uganda 2003 2005 25.
172
For a discussion of the processes of JLOS, its challenges and achievements see FW Jjuuko Legal
sector reform review in Uganda in M Nassali (ed) Reforming justice in East Africa: A comparative
review of legal sector processes (2008).
173
EB Edroma Sector wide approach in justice, law and order: The Ugandan experience Paper presented
to the ALRAESA Annual Conference on Fusion of Legal Systems and Concepts in Africa, organized
by the Uganda Law Reform Commission 4 7 September 2005, available at
http://www.doj.gov.za/alraesa/conferences/papers/ent_s2_endroma.pdf (accessed on 11 February 2008)
7.
174
See Edroma 8.
175
As above.
176
See, for instance, Lewis 16.
to them occupying remote and neglected areas, have made it hard for indigenous peoples to access the
justice dispensing institutions. There is, however, one system that mirrors the traditional system of
conflict resolution and that could be utilised to ensure that indigenous peoples have access to justice at
the grassroots level. These are the Local Council Courts which, as discussed above, 177 mirror
traditional systems of dispute resolution and have jurisdiction to apply customary law. The problem,
however, as seen above, is that the application of customary law within the legal system has assumed
a backseat. This has forced most people to abandon their customary law and seek to protect their
rights using written law, which has denied the legal system the benefits of customary law. This has
greatly undermined traditional systems of dispute resolution which apply customary law; the formal
courts on many occasions find customary law inconsistent with written law. According to Jennifer
Okumu Wengi:
The formal laws and courts were introduced under colonialism to replace existing systems of
dispute settlement. The effect of this was to outlaw existing activities and stunt the growth of
traditional jurisprudence. Customary law was accordingly reconstructed through legislation
that restricted its application. The formal courts also reconstructed it by interpretation,
effectively making it a secondary source of law. 178

Indigenous peoples have suffered most because of the destruction of the traditional systems of dispute
resolution and the weakening of customary law. This is because unlike other ethnic groups that have
substantially subjected themselves to written law and are relatively able to access the formal justice
dispensing mechanisms, indigenous peoples, as mentioned above, have serious problems of access
because of their marginalisation. As a result, it has been hard for them to seek legal redress to protect
their customs. It is for this reason that ILO Convention 169 recognises the right of indigenous peoples
to their customs and customary law. 179 The Convention also provides that to the extent compatible
with the legal system and human rights, the methods of custom for dealing with offences committed
by indigenous peoples should be respected. 180 The problem, however, is that such rules have been
ignored; they have not been given a chance to grow as part of the legal system applicable to
indigenous peoples. Also, the indigenous peoples customary rules applicable, for instance, to the use
of land have also been ignored whenever considered inconsistent with written laws as those that
promote conservation and tourism. It should also be noted that there is no proper documentation of
customary law as a sources of law, which makes proof of its existence sometimes tedious. Customary
law has to be proven by oral testimony, which makes it hard to resolve inconsistencies that may
emerge. 181

177
Section 3.2.1 above.
178
J Okumu Wengi Weeding the millet field: Womens law and grassroots justice in Uganda (1997)
Essays in Womens Law 1.
179
Art 8(2).
180
Art 9(2).
181
See case of Kabakas Government v Mawanda (1965) EA 718.
6. Culture and language rights
The customs and traditions that define life of indigenous peoples are very important in the livelihood
of these peoples. They form an integral part of these peoples and define their culture and identity,
which usually differ from that of other communities. 182 It should also be noted that there is a very
close relationship between culture and the socio-economic life-styles of indigenous peoples. It has, for
instance, been submitted that the recognition of indigenous peoples laws, traditions and customs is
crucial to the protection of their land and resources. This is because indigenous peoples rights over
land flow not only from possession, but also from the articulated ideas of communal stewardship over
land and the spiritual nexus they have with it. 183 The socio-economic problems of indigenous peoples
cannot, therefore, be attended to in a manner that considers their culture peripheral; rather, culture
should be considered as an intricate part of their wellbeing. One should have in mind the important
place of culture to indigenous peoples in discussing the obligations that states have in this regard.

Uganda is a party to the Cultural Charter for Africa as adopted by the Organisation of African Unity
(now African Union) in July 1976. The aims, objectives and principles of this Charter include the
rehabilitation, restoration, preservation and promotion of the Africa cultural heritage. This is in
addition to the assertion of the dignity of the African and the popular foundations of his culture. 184
The Charter commits parties to the adoption of a cultural policy designed as a codification of social
practices and concerted activities that satisfy cultural needs. 185 One of the priorities set by the Cultural
Charter is the development of national languages; this is in addition to the development of research
and the establishment of permanent research centres in the field of culture. 186 The African Charter on
Human and Peoples Rights also guarantees the right to cultural development with regard, amongst
others, to the peoples identity and equal enjoy of their common heritage. 187 Apparently, Uganda has
not fully adhered to the Cultural Charter, as it has not adopted a consistent language policy; 188 but as
is seen below, the country has a cultural policy.

In the National Objectives and Directive Principles of State Policy, the Constitution obligates the state
to develop and incorporate into Ugandan life, cultural and customary values which are consistent with
fundamental rights and freedoms, human dignity, democracy and with the Constitution. 189 The state is

182
ILO Manual 24.
183
G Mukundi Wachira The role of courts in protecting indigenous peoples rights to land and natural
resources in Kenya and South Africa 13 (2007) East African Journal of Peace & Human Rights 240
241.
184
Art 1.
185
Art 6(a).
186
Art 6.
187
Art 22(1).
188
FW Jjuko and C Kabonesa Universal primary education (UPE) in contemporary Uganda: Right or
privilege? Human Rights and Peace Centre Working paper 8 (May 2007) 13.
189
Objective XXIV.
also obliged to encourage the development, preservation and enrichment of all Ugandan languages. In
the Bill of Rights, every person is guaranteed the right to belong to, enjoy, practise, profess, maintain
and promote any culture, cultural institution, language, tradition, creed or religion in community with
others. 190 In addition to these rights, the Constitution allows communities to organise institutions of
traditional or cultural leaders, which, as seen above, have the power to manage the cultural affairs of a
given community.

In 2006 the government adopted a National Culture Policy, 191 which is intended to provide strategies
to enhance the integration of culture into development. These strategies include advocating for
culture, ensuring capacity-building, ensuring research and documentation, promoting collaboration
with stakeholders and mobilising resources for culture. 192 According to the policy:
Culture concerns itself with socially transmitted behaviour patterns, arts, believes, institutions
and all other products of human work and thought. Culture includes intangible and tangible
heritage, which is varied, complex, and in constant evolution. The tangible heritage includes
monuments or architecture, art and crafts, sites, manuscripts, books and other objects of
artistic and historical interest. The intangible heritage includes language, oral traditions,
performing arts, music, festive events, rituals, social practices, traditional craftsmanship,
knowledge and practices concerning nature. 193

The National Culture Policy details Ugandas 2025 vision as comprising interventions that are aimed
at achieving a stable and harmonious co-existence within a socially, culturally and economically
dynamic society. Thus, the vision is a culturally vibrant, cohesive and progressive nation and the
mission is outlined as to promote culture and enhance its contribution to community empowerment.

Unfortunately, there is no information on how this policy is being implemented, what is apparent,
however, is that culture has been underscored as an indispensable consideration in development
initiatives and efforts to move people out of poverty. This consciousness is evident in governments
national planning framework, the Poverty Eradication Action Plan (PEAP): 194
Apart from being intrinsically valuable and an important dimension of identity, culture is also
a form of capital which when harnessed well can help to move people out of income poverty.
Traditional skills and indigenous materials are often accessible to poor and disadvantaged
groups, and as such form a potentially viable avenue for poverty reduction. 195

The government has also taken cognisance of the fact that the role of indigenous knowledge is gaining
recognition in sectors such as health where herbal and traditional health-care service providers have

190
Art 37.
191
Culture Policy, 2006.
192
See forward to policy 2.
193
Culture Policy 5.
194
Ministry of Finance, Planning and Economic Development Poverty Eradication Action Plan (2004/5
2007/8).
195
PEAP Document 178.
become partners in the delivery of health services. 196 The government is also aware of the
inadequacies in preserving culture as a tool of development; it notes that more is required to build up
the necessary capacity to ensure best practices in the use of indigenous skills and knowledge in the
development process. 197 Discussions on access to land and socio-economic rights will also show that
development has been insensitive to culture, large parcels of land have been gazetted in ways that
undermine the culture and life of indigenous peoples.

Yet, apart from making interventions that promote culture generally, there is no recognition that the
cultures, languages and customs of certain groups, particularly indigenous peoples, are threatened and
need specific intervention. This would have provided the basis for the establishment of a framework
that could be used to identify ethnic groups whose culture and customs are vulnerable. This
framework could also be used to address the cultural and language problems of indigenous peoples; as
detailed above, the cultures of various minorities like the Batwa and Karamojongo are under threat.
The adoption of the Culture Policy is therefore timely and what is left to be seen is whether and how it
is going to be implemented.

7. Education
The most recent exposition of the state of education and the realisation of the right to education in
Uganda is by Frederick Jjuko and Constance Kabonesa. 198 Jjuko and Kabonesa submit that the right
to education involves the availability of functioning educational institutions of sufficient quality;
schools should be accessible to all without discrimination; acceptable in form and substance to all,
and flexible or adaptable to the needs of society. 199 The authors detail Ugandas international
commitments as evidenced in instruments that guarantee the right to education and which have been
ratified by Uganda. There are various obligations that arise from these international instruments; one
that is common to all is the duty on states to ensure that there is free and compulsory primary
education. 200 Such instruments as the ICESCR also require that secondary education be made
generally available and accessible to all by every appropriate means, and in particular by the
progressive introduction of free education. 201 The Convention on the Rights of the Child (CRC) is in
the same terms as the ICESCR in its guarantee and definition of the obligations that attach to the right
to education. 202

196
As above.
197
As above.
198
Jjuko & Kabonesa.
199
Jjuko & Kabonesa 25.
200
See, for instance, art 13(2)(a) of the ICESCR.
201
Art 13(2)(b).
202
See CRC, art 13.
The right to education is one of the few socio-economic rights that are expressly guaranteed in the Bill
of Rights. The Constitution provides that all persons have a right to education. 203 There is even a
much stronger guarantee for children to the right to basic education, which is the responsibility of the
state and their parents. 204 The Childrens Act 205 also guarantees the right of children to education, the
Act provides that it shall be the duty of a parent, guardian or any person having custody of a child to
maintain that child and, in particular, that duty gives the child the right to education and guidance. 206
The Childrens Act makes it express that in addition to the rights it guarantees, children shall enjoy all
the rights set out in the CRC and in the African Charter on the Rights and Welfare of the Child
(ACRWC). 207 As mentioned above, the CRC like the ICESCR and the UDHR defines the right to
education to include the provision of free and compulsory basic education. The ACRWC is in the
same terms. 208 This obligation is acknowledged in the Constitution, which in its National Objectives
and Directive Principles of State Policy requires the state to promote free and compulsory basic
education. 209

The government of Ugandan started working on the provision of free basic education even before the
promulgation of the Constitution in 1995. In 1987 a government-appointed Education Policy Review
Commission issued a report in which it recommended the universalisation of education by the year
2000. 210 In 1992 the Ministry of Education and Sports adopted a White Paper on Education, 211 under
which the government was to provide free primary education, designated as Universal Primary
Education (UPE), to a maximum of four children per family. 212 This policy was not implemented
immediately and by 1996 there was nothing on the ground to signify its existence. However, during
the 1996 presidential election campaigns, the President announced that government was to provide
free primary education to all children. 213 Implementation of the policy began in 1997, leading to an
increment in enrolment in primary schools by more than 2 million pupils; the total enrolment was at

203
Art 30.
204
Art 34(2).
205
Ch 59, Laws of Uganda 2000.
206
Sec 5(1)(a).
207
See para 4(c) of the First Schedule to the Act.
208
Art 11(3)(a).
209
Objective XVIII(i).
210
See Ministry of Education and Sports The Ugandan experience of Universal Primary Education (July
1999) available at http://www3.unesco.org/minedaf (accessed on 22 January 2008) 9.
211
Republic of Uganda, Ministry of Education and Sports (1992) Government White Paper on the
Education Policy.
212
See C Mbazira Harmonisation of national and international laws to protect childrens rights: The
Uganda case study. Report done for the African Child Policy Forum (ACPF) (June 2006), available at
http://www.africanchild.info/documents.asp?page=2 (accessed on 14 February 2008).
213
See D Stasavage The role of democracy in Ugandas move to Universal Education (2005)43(1)
Journal of Modern African Studies 53 73, also available at
http://personal.lse.ac.uk/STASAVAG/uganda.pdf (accessed on 17 June 2006).
6.2 million in 2002 214 and 7.7 million in 2004. Of this number, 49.9 per cent are female students. 215
The policy was also designed to ensure the enrolment of previously-marginalised groups, which
include girls, disabled children and orphans. 216 There is definitely no mention of marginalised ethnic
groups.

The government should be commended for adopting UPE and increasing its expenditure on the
education sector. Since 1991, the countrys expenditure on education has increased from
approximately 6.5 per cent to 18 per cent and is expected to increase to 19 per cent this financial
year. 217 At the primary school level, the government owns and controls over 80 per cent of the schools
which have been placed under the UPE programme. The problem, however, has been the declining
quality of education in these schools caused by infrastructural and staffing problems in addition to the
lack of instructional materials.

The Universities and other Tertiary Institutions Act (UTIA) provides that one of the functions of a
public university shall be the dissemination of knowledge and giving the opportunity to acquire higher
education to all persons, including persons with disabilities, wishing to do so regardless of race,
political opinion, colour, creed or sex. 218 The Act provides that admission committees of public
universities shall take into consideration affirmative action in favour of marginalised groups on the
basis of gender, disability and disadvantaged schools. 219

Access to education by indigenous peoples

As is the case in many other parts of the world, there is no disaggregated data that can give an
accurate description of the education situation of indigenous peoples in Uganda. 220 Yet the factors that
have hampered access to education by indigenous peoples in Uganda are not any different from those
that affect indigenous peoples as described by the ILO. These include deficient school services and

214
See Committee on the Rights of the Child Consideration of reports submitted by states parties under
article 44 of the convention, second periodic report for Uganda 3 August 2003, CRC/C/65/Add.33 5
November 2004 para 171.
215
See A Kibenge UPE, USE: Ugandas solution for transformation in Uganda in 2008, a publication of
The New Vision newspaper.
216
See JN Aguti Facing up to the challenge of Universal Primary Education, (UPE) in Uganda through
distance teacher education programmes Paper presented at the Pan Commonwealth Forum on Open
Learning, 29 July 2 August, 2002, Durban, South Africa, available at
http://www.dip.go.ug/english/education/upe/docs/upe_aguti_paper.pdf (accessed on 21 January 2008)
4.
217
Uganda spends most on education, New Vision Newspaper, 18 January 2008.
218
Sec 24(2)(b).
219
Sec 28(3).
220
For a general description as regards the general situation the world over see International Labour Office
Handbook on combating child labour among indigenous and tribal peoples A Joint PRO 169 and IPEC
Initiative (2006) 22.
poverty; gender-based constrains; and a discriminatory and irrelevant school system. 221 In Uganda,
these hampering factors prevail at all levels of education, primary, secondary, tertiary and vocational.
According to the ILO, in what appears to be the situation in Uganda:
Education services in indigenous areas are as a rule under-funded, of low quality and poorly
equipped. Poor and indigenous children therefore often attend the worst schools, are served
by the least educated teachers, and have the smallest amount of didactic resources. 222

In Uganda, the region of Karamoja, for instance, has the lowest school enrolment rates both at the
primary and secondary school level. The education facilities in this region are very poor; schools lack
such basic infrastructure as classrooms and scholastic materials such as books, pencils, pens and
chalk. A recent newspaper survey found that none of the schools in the district of Nakaprirpirit has a
science laboratory. 223 It is not surprising, therefore, that in the recently-released Ordinary Level
examination results the district takes the lowest position, with no single student in the first division. 224
The reasons for this state of affairs are various, the major one, of course, being the marginalisation of
the region, which has affected all services including education. The nomadic style of life also makes it
hard for children to settle down in one place where they can access school.

The other reason, however, relates to the attitude which the Karamajong have always showed towards
education. During the colonial era, according to the perception of the Karamajong, the pen had been
used to write down the names of men who were sent to fight in the Second World War, many did not
return. The pen was also used in the process of determining the amount of tax payable by
Karamojongo households. As a result, the Karamajong viewed the pen as an instrument of oppression
and a curse; the elders decided to physically burry the pen and to discourage their children from going
to school. 225 However, in 1995 the curse was lifted symbolically by resurrecting the pen as evidence
of a commitment to ensure that children go to school. 226

It should be noted that the education of indigenous peoples differs from that of other communities; the
education of indigenous peoples should at least be based on histories and cultural values which are
different from those of other systems. 227 In Uganda, there is evidence that government is, to a certain
extent, aware of this fact. Working together with such civil society organisations as Save the Children
Norway, for instance, the government introduced Alternative Basic Education for Karamoja

221
As above.
222
As above.
223
Karamonjongo exhume pen to foster development New Vision 16 January 2008 (New Vision, 16
January). This district was in 2004 ranked by the Ministry of Education at the bottom among the worst
primary school worst performing ten. See Table 12 of the Ministry of Education Fact booklet available
at http://www.education.go.ug/Fact_Booklet.htm (accessed on 22 January 2008)
224
See New Vision Newspaper 2 February 2008.
225
See Knighton.
226
See Wairama 13.
227
ILO Manual 62.
(ABEK). ABEK is designed to offer a curriculum and methods that are conducive for a nomadic
lifestyle. The ABEK programme also ensures the participation of the community in the education of
their children. The facilitators are drawn from members of the community, mainly from the elders. It
has been submitted that ABEK, if well implemented, can reduce the deficiencies the Karamajong
traditionally associate with formal, Western-style education, and avoid the educational segregation of
the Karamajong. 228 The curriculum focuses on areas of study that are directly relevant to the
Karamajong way of life like crop production, livestock, health and peace and security. 229 In spite of
ABEK, the recently-released Primary Leaving Examination results indicate that in the whole
Karamoja region, only one district, Nakapiripirit, was able to produce pupils in the first grade
division. The rest of the districts do not feature. 230

The Batwa pygmies are in an even more precarious condition when compared to the Karamajong. In
2004, for instance, it was reported that only two persons from this community had completed primary
seven; 231 by May 2007, the highest reported educated member of the Batwa community in
Bundibigyo was in senior two. 232 UOBDU in May 2006 reported that there were only five Batwa
children in secondary school in the three districts of Kabale, Kanungu and Kisoro where an estimated
70 per cent of the Batwa population resides. UOBDU also takes note of the discrepancies between
Batwa boys and girls, girls drop out more as they advance to higher classes. 233 In spite of this, with
the help of such organisations as the African International Christian Ministry (AICM) schools are
being built for the Batwa and they are being encouraged to send their children to school.

It is important to note, however, that efforts directed at improving the education status of indigenous
peoples should not be restricted to indigenous children but should be extended to indigenous adults as
well. Reports indicate that no single member of the Ugandan Batwa community can read and write
proficiently. 234 Adult education could go a long way in tackling this problem. This form of education
could be done through teaching reading and writing in addition to training adults on money generating
activities. 235 These efforts should also promote the use of indigenous languages in the schooling
system as the language barrier is a major impediment for indigenous peoples to access education. 236

228
Wairama 13.
229
As above.
230
See PLE Out New Vision Newspaper, 18 January 2008.
231
See Scott and Carol Kellermann Pygmy Education Fund Update available at
http://www.pygmies.net/pages/edu.html (accessed on 22 January).
232
Report of Parliament Committee (2007) 9.
233
See Supplement Report 17.
234
As above.
235
See Report of the Equal Opportunities Committee of Parliament.
236
ILO, 2006, 23.
8. Land, natural resources and the environment
In discussing the provisions of the law that govern land and natural resources it is important to bear in
mind the importance of land and natural resources to indigenous peoples. Land and natural resources
are not only the basis for the survival of indigenous peoples but are also the basis of their spiritual
wellbeing and cultural identity. 237

In Uganda, in spite of the fact that a whole chapter in the Constitution is committed to provisions
regulating land and the environment, 238 there are no provisions dealing specifically with indigenous
peoples land. The provisions in the Constitution, however, could be used to protect the rights of
indigenous peoples to land and natural resources. Article 237 of the Constitution provides that land in
Uganda belongs to the citizens of Uganda. 239 In terms of environmental protection, an obligation is
imposed on the government to hold, in trust for the people, and protect natural lakes, rivers, wetlands,
forest reserves, game reserves, national parks and any other land to be reserved for ecological and
tourist purposes. 240 The Constitution prescribes four types of land tenure systems that obtain in
Uganda: (a) customary; (b) freehold; (c) mailo; and (d) leasehold. 241 The Land Act, 242 which is the
principal law-making provision for the tenure, ownership, use and management of land, defines the
incidents of each of these land tenure systems. The most relevant system of land tenure applicable to
indigenous peoples is the customary system; however, it will also be demonstrated that the rights and
obligations imposed under other tenure systems may apply to indigenous people. Section 3(1) of the
Land Act defines the customary system as a form of tenure
(a) applicable to a specific area of land and specific description or class of persons;
(b) governed by rules generally accepted as binding and authoritative by the class of person
to which it applies;
(c) applicable to any person acquiring land in that area in accordance with those rules;
(d) applying local customary regulation and management to individual and household
ownership, use and occupation of, and transaction in, land;
(e) providing for communal ownership and use of land;
(f) in which parcels of land may be recognised as subdivisions belonging to a person, a
family or traditional institution; and
(g) which is owned in perpetuity.

237
ILO Manual 29.
238
Ch 15.
239
Art 237(1).
240
Art 237(2)(b).
241
Art 237(3).
242
Ch 277, Laws of Uganda 2000.
It should be noted that in Uganda there is a very close relationship between land ownership (including
land use) and the system of tenure. This is because the later defines the incidents of land use which
are material considerations in determining land use. Most land in Uganda, with the exception of land
in the central region and land owned by government or used for commercial purposes, is owned and
managed under the customary tenure system. 243 For such indigenous communities as the Batwa and
the Karamajong this is the established land tenure system and one which is predominantly based on
communal ownership and use of land. Generally speaking, in traditional terms, such land will be
available for all members of the community to use, either as hunting and gathering ground (in the case
of the Batwa) or as a ground for nomadic pastoral activities (in the case of the Karamajong). The Land
Act defines the rights and duties of members of a community using common land. 244 They have the
right to make reasonable use of the land jointly and with others, to gather wood fuel and building
materials, and harvest the resources on the land, and to exclude non-members of the community from
using the land. The only problem, however, has been that in cases of a takeover of communal land by
an individual or by the state, there is no means of proving ownership of the land since the legal
mechanism for issuing certificates of customary ownership has not been implemented on the
whole. 245 The Land Act allows any person, family or community holding land under customary tenure
to apply and acquire a certificate of customary ownership in respect of that land. 246 Before being
considered by the Land Board, these Applications are supposed to be verified by land committees
established at the local level, whose main function is to testify as to the true ownership of the land and
to mark its boundaries. 247 Once obtained, a customary certificate of ownership is taken to confirm and
is conclusive evidence of the customary rights and interests specified in it. 248

It should also be noted that the above conceptualisation of land use becomes distorted when
indigenous communities take on agricultural activities, particularly crop farming. This is because
these activities push an individual or family to monopolise a particular piece of land, and yet the
products of crop production cannot be shared. It is, therefore, becoming increasingly hard for
indigenous peoples to assert their rights over land as communally owned. There is also a bias against
the customary tenure system, it is considered to hinder economic development. The 1992
Constitutional Commission in its report observed that [t]he great disadvantage of the customary
tenure is that it tends to emphasise cultural values more than the economic and financial gains from

243
J Mugambwa A comparative analysis of land tenure law reform in Uganda and Papua New Guinea 1
(2007) Journal of South Pacific Law 39 52.
244
Sec 26.
245
Sec 4 of the Land Act.
246
Sec 4.
247
Sec 5.
248
Land Act, sec 8.
land. 249 This explains why there are various provisions in the Land Act that make it easy to translate
customary tenures into freehold. 250 This goes to prove the eminence that many African legal systems
give to individual tenure over communal customary tenure. 251 While these provisions have not been
made use of effectively, they pose a danger of indigenous peoples communal lands being converted
into freehold at their expense. Although the Act requires an application to convert to freehold to be
considered by a Parish Committee, which may help block unscrupulous applications, there are no
clear prescribed guidelines for the Committee to follow.

The multi-land tenure system has also produced a situation where the legal title in land is vested in a
person who is not necessarily in occupation of the land. In many parts of the country there is a system
of landlords and tenants, the latter are often subject to evictions by the former. This system has
affected indigenous communities that have, as a result of evictions from their ancestral land, settled on
land in respect of which they do not have the legal title. For instance, nomadic indigenous
communities have occupied such land in search of pastures and water for their animals. The
Constitution and the Land Act provide some form of protection against the eviction of tenants
described as bona fide occupants and guarantee them security of occupancy. 252 Bona fide occupants
are defined as persons who by the time of coming into force of the Constitution had occupied and
utilised or developed any land unchallenged by the registered owner for twelve years or more. 253 The
law deems such occupants, also described as tenants by occupancy, to be the tenants of the registered
owner of the land and supposed to pay rent to the latter. Generally, however, most of the mechanisms
envisaged by this law have not been put in place, 254 and, in spite of the provisions of the law,
evictions of tenants by occupancy are very common. Yet this law does not fully protect nomadic
communities that migrated after the coming into force of the Constitution or had stayed on land for
less than 12 years. This is because the law only applies to those persons that settled on land and
utilised the land 12 years before the coming into force of the Constitution. The Constitution came into
force in 1995.

249
The Report of the Uganda Constitutional Commission: Analysis and Recommendations (1992) as
quoted by Mugambwa (2007) 53. See also SB Tindifa Land rights and peace-building in Gulu District,
Northern Uganda: Towards a holistic approach Human Rights and Peace Centre Working Paper 7
(May 2007) 11.
250
Sec 9.
251
Mukundi 242.
252
Constitution, art 237(8).
253
Land Act, sec 29(2).
254
MA Rugadya Current status and challenges in the land reform process in Uganda: An NGO
perspective (2003) Uganda Land Alliance, available at
http://www.org.uk/resources/learning/landrights/downloads/ugaexp.rtf (accessed on 29 January 2008),
at 4. E D Green Ethnicity and the politics of land tenure reform in central Uganda Development
Studies Institute Working Paper series 05-58 (April 2005) available at
http://www.Ise.ac.uk/collections/DESTIN/pdf/WP58.pdf (accessed on 29 January 2008).
The Land Act is currently under review, an amendment Bill has been drafted to protect tenants by
occupancy from being evicted unless they have defaulted on rent and only after a court order has been
issued.

Evictions of indigenous peoples from ancestral land

As seen above from the case of the Batwa, Benet and Karamajong, the biggest threat to their land has
been the compulsory acquisition of land by the state, either for investment or conservation and tourist-
related purposes. This has, in most cases, been done without consulting the indigenous peoples to be
affected. The National Environment Act 255 defines the principles for environment management to
include the encouragement of maximum participation by the people in the development of policies,
plans and processes for management of the environment. 256 The other principle defined by the Act is
the conservation of the cultural heritage and use of the environment and natural resources for the
benefit of both present and future generations. 257 The law in effect, therefore, requires that
indigenous peoples be consulted and involved in processes leading to the gazetting of their land. Yet
such processes should consider the cultural heritage of indigenous peoples, which is linked to the use
of natural resources. Provisions that guarantee the right to property also bind the authorities.

Like many other jurisdictions, the Ugandan law protects the right to property but also gives the state
power to carry out expropriations of property. The Constitution allows for expropriation of property if
it is necessary for public use or in the interest of defence, public safety, public order, public morality
or health. Prior to the state taking possession of such property there must be prompt payment of fair
and adequate compensation and any person interested in such property has a right of access to
court. 258 These provisions have, however, been flouted in the processes of acquiring land which is the
ancestral land of indigenous peoples. I have already demonstrated the failure of the World Bank and
the government of Uganda to compensate the Batwa for their land converted into a National Park. 259
The Batwa have indeed through their representatives stated that land is a priority for them as they
have no place to farm. They want each Twa family to be given a piece of land. 260 Although the
MBIFCT has reported that a total of 326 acres of land have been bought for Batwa in lieu of the de-
gazetting of the forest, there are still many landless Batwa. 261

255
Ch 153, Laws of Uganda 2000.
256
Sec 2(b).
257
Sec 2(d).
258
Art 26(2).
259
See sec 1.2.3 above.
260
Parliamentary Committee 14.
261
World Forest Movement 45.
In Karamoja, MPs from the area have called upon government to de-gazette 64 per cent of the land
gazetted in 1940 and 1960 as there is no longer game in it, yet people are in need of land. 262 The
Equal Opportunities Committee of Parliament has also recommended that government should acquire
land for the resettlement of the Batwa evicted from the forests reserves. According to the Committee,
those who lost their land when being evicted from the forests should be compensated. 263

Uganda has a total of ten National Parks (NPs) and ten wildlife reserves. According to the National
Environment Management Authority (NEMA), NPs are areas of national importance for nature and
landscape conservation and natural heritage preservation. They should be ecologically-viable
units. 264 NEMA details the permitted activities in the NPs to be viewing and scientific research and
the prohibited activities to be hunting wildlife and the disturbance of vegetation; harvesting/removal
of approved resources may be authorised in designated areas. Some of these NPS, such as Mgahinga,
Bwindi and Kidepo were home to indigenous peoples, the Batwa and Karamajong respectively, before
their gazetting. Mountain Elgon is home to the Benet people. The table below shows the number,
location and sizes of the various NPs.

National Park Location Area sq.km Year

gazetted
Murchison Falls Gulu/Masindi/Apac 3860 1952
Queen Elizabeth Kasese/Bushenyi/Rukungiri 1978 1952
Kidepo Valley Kotido 1442 1962
Lake Mburo Mbarara 365 1982
Bwindi Impenetrable Kabale/Kisoro/Rukungiri 331 1991
Mgahinga Kisoro 25 1991
Rwenzori Mountains Kasese 996 1991
Mountain Elgon Mbale 1172 1993
Kibale Kabarole 766 1993
Semiliki Bundibugyo 220 1993
Total 11,155

Source: MTW Report, 1994 Restructuring of Uganda National Parks and Game Departments draft
organisational and policy outline.

262
Karamoja rejects law New Vision newspaper, 5 February 2008.
263
See Report of the Equal Opportunities Committee.
264
National Environment Management Authority State of the Environment Report, 1996, available at
<http://www.nemaug.org/UPLOADS/SOE/soe96.pdf> (accessed on 27 March 2008) Box 3.5, 84.
It should be noted, however, that NEMA is aware of the plight of people that have been denied access
to the NPs after their gazetting. To come to the aid of these people NEMA has put in place what it has
described as Integrated Conservation and Development Projects (ICDPS), which include the
MBIFCT. I have, however, already alluded to the challenges and achievements of this project. 265 In
spite of this, indigenous peoples in the NPs and wildlife reserves still face a number of challenges and
are yet to fully meet their socio-economic needs as discussed in the next section.

The failure by indigenous communities to obtain compensation before expropriation of their land
could also be attributable to the customary communal tenure system under which they hold land. The
question that arises is one of who should be given compensation in the absence of a single individual
who can claim, let alone prove, ownership. Ancillary to this is the fact that it is easy for the state to
identify such land for expropriation due to the absence of an individual owner who can claim it. 266
Ignorance of the law is also very common in Uganda, and most people are not aware of their
constitutionally-protected property rights and the right to compensation in case of expropriation. The
mechanisms put in place to inform people of this right are often weak and not well publicised. The
problem of the expropriation of land without following the provisions of the Constitution has also
been exacerbated by the practice of the President in allocating land to private investors under very
unclear circumstances, which clearly flout the law. 267 For such indigenous communities as the Batwa,
eviction without adequate compensation has been disastrous. 268 According to FPP:
The eviction and inadequate process of compensation left most Batwa having to survive as
landless labourers, dependent for meagre payments in the form of food from their more
powerful cultivating neighbours who can evict them from their land whenever they wish.
Some Batwa turned to begging, and almost all fear the park authorities and claim that they do
not enter the forest. Most see their only hope for compensation and some form of future
security in the redistribution of land by the Trust. 269

There are a number of non-governmental organisations (NGOs) and donor agencies that have invested
in land for the purposes of resettling the Batwa. One such organisation, as seen above, is FPP, a UK-
based charity, which also helped in the establishment of the UOBD and has continued to support its
activities. 270 FPP has trained members of UOBD on national and international law regarding their
rights and has facilitated meetings between UOBD and government officials and departments. 271 .
Other organisations include Batwa Community Empowerment, Ruroko Foundation for Peace and

265
See Part II, sec 4; Zaninka.
266
Tindifa 20.
267
As above, 22.
268
See Supplement Report 6, 14 and 15.
269
J Kenrick The Batwa of South West Uganda: World Bank Policy on Indigenous Peoples and the
Conservation of Bwindi and Mgahinga (2000) Forest Peoples programme 11.
270
See Forest Peoples Project, Annual Report, 2005, available at
http://www.forestpeoples.org/documents/ann_rep/fpproje_ar_o5.pdf (accessed on 23 January 2008), 5.
271
See Forest Peoples Project, Annual Report, 2006, available at
http://www.forestpeoples.org/documents/ann_rep/fpproje_ar_o6.pdf (accessed on 23 January 2008).
Justice, ADRA and the European Union (EU). The EU has, for instance, acquired land for the
construction of 22 semi-permanent houses for the Batwa families in the Bundibugyo district. 272

9. Socio-economic rights
It should be noted that there is no information on the levels of access by indigenous peoples to such
socio-economic goods and services as water, health care, and food. However, while the socio-
economic problems of indigenous peoples can be discussed together with the problems of other
groups, it is obvious that the former are more deprived. This is because of their marginalisation and
their lack of access to such natural resources as land.

The socio-economic problems that Uganda generally, and indigenous peoples in particular face,
include a lack of access to health-care services, sufficient food and clean water. In light of these
problems, socio-economic rights assume a very important place. This is also because Uganda is one
of the poorest countries in the World, with a ranking of 154th out of 177 countries. 273 Income
inequality is also a serious socio-economic issue in Uganda. Although the international community
has lauded the country as growing steadily and on course to realize the Millennium Development
Goals (MDGs), there is evidence of inequitable distribution of income. In light of this, figures on the
growth rate, Gross Domestic Product and per capita incomes may send the wrong picture regarding
individual wellbeing, as some sections of society are getting poorer. 274 According to Oloka-Onyango:
despite the impressive economic reforms that have taken place over the last several years, the
problem regarding poverty alleviation is problematic. Several groups in Uganda fall
completely under the radar and live an existence that greatly contrasts with even that of the
majority poor. 275

Access to decent housing is a problem that is faced by a substantial portion of Ugandas population;
the 2002 National Population Census put at 77 per cent the number of people living in sub-standard
housing. 276 As for indigenous peoples, their plight could be exemplified with the example of the
Batwa who have been living in pathetic housing conditions resulting from their eviction from Bwindi
and Mgahinga. They have only been able to secure shelter under very bare conditions of survival
provided by some NGOs. A survey by the Ministry of Gender found that only approximately 9 per

272
See Parliamentary Committee Report 14.
273
United Nations Development Programme (UNDP) Human Development Report 2007/2008. Fight
climate change in a divided world (2007) available at
http://hdr.undp.org/en/media/hdr_20072008_en_complete.pdf (accessed on 5 February 2008) 239.
274
See Oloka-Onyango.
275
Oloka-Onyango 3.
276
See H Onoria Guaranteeing the right to adequate housing and shelter in Uganda: The case of women
and people with disabilities Human Rights and Peace Centre Working Paper 6 (May 2007) 1.
cent of the construction materials used by the Batwa were of a permanent nature, the rest were of a
semi-temporary and temporary nature. 277

Uganda has ratified almost all major international instruments making provision for socio-economic
rights, including the ICESCR and the African Charter. However, as is the case with many African
countries, the Ugandan Constitution does not guarantee socio-economic rights in a comprehensive
manner as justiciable rights in the Bill of Rights. The only rights expressly incorporated in the body of
the Bill of Rights include the right to education, 278 right of children not to be required to perform
hazardous work or work that interferes with their education, 279 right to a clean and healthy
environment, 280 and labour rightsincluding the right to work under satisfactory, safe and health-
promoting conditions, equal pay for equal work, right to practice ones profession, right to join and
form trade unions and right to collective bargaining. 281

The bulk of the rights are stated as National Objectives and Directive Principles of State Policy. It
should be noted, however, that most of these objectives and principles are crafted not as rights or as
establishing any entitlements but as obligations on government to undertake certain action. In spite of
this, a number of socio-economic rights can be deduced from these objectives and principles. These
include the following: right to development, 282 right to medical services, 283 right to clean and safe
water, 284 right to food and adequate nutrition, 285 protection of culture and traditions (also protected in
the Bill of Rights), and the right to a clean and healthy environment. The objectives and principles
also provide for the protection of such vulnerable and marginalised groups as women and the aged.

It should be noted, however, that a 2005 amendment to the Constitution, introducing article 8A gives
hope for the concrete enforcement of these objectives. Article 8A provides as follows:
8A National Interest
(1) Uganda shall be governed based on principles of national interest and common good enshrined in
the national objectives and directives of state policy.
(2) Parliament shall make relevant laws for purposes of giving full effect to clause (1) of this article.

277
Ministry of Gender 84.
278
Art 30. There is also the right of children to basic education in art 34.
279
Art 34(4).
280
Art 39.
281
Art 40.
282
Objectives IX XII. The state is required to facilitate development by encouraging private initiative
and self-reliance and to ensure balanced development of the different areas of Uganda and between
rural and urban areas.
283
Objective XX. The state is required to take all practical measures to ensure the provision of basic
medical services to the population.
284
Objective XXI. This one requires the state to take all practical measures to promote a good water
management system at all levels.
285
Objective XXII. This one is crafted as a food security and nutrition obligations requiring the state,
amongst others, to establish national food reserves and to promote good nutrition through mass
education.
The insertion of this provision into the body of the Constitution makes the duty to observe the national
objectives and principles compulsory, as opposed to merely being directive. The provision should be
read together with article 45, which provides that the rights specifically mentioned in the Constitution
shall not be regarded as excluding others not specifically mentioned. This is in addition to article
50(4) which compels Parliament to make laws for the enforcement of the rights and freedoms in the
Constitution. These provisions provide a concrete platform for holding government liable should it
omit to adopt laws and policies that promote the realisation of the different socio-economic rights
including those in the directive principles.

In spite of the fact that the bulk of socio-economic rights are not fully justiciable, the government has
adopted a number of policies and programmes directed at eradicating poverty and up-lifting peoples
socio-economic wellbeing. There are programmes that promote education, health care and other forms
of social welfare. Generally, however, apart from the ABEK education programme, these policies are
not directed at improving the welfare of specific indigenous peoples such as the Karamajong and
Batwa.

The most authoritative government programme for the eradication of poverty is PEAP. PEAP is
intended to provide an overarching framework to guide public action to eradicate poverty; it provides
a framework within which different sectors develop detailed plans of poverty eradication. 286 One of
the core priorities of PEAP is improving regional equity in addition to promoting human rights. PEAP
sets a plan for the eradication of income inequality, which it acknowledges is increasing in the
country. It is planned to tackle this by, amongst others, attending to the needs of disadvantaged
groups. However, as is the case with other government affirmative action programmes, the
disadvantaged are defined to include only orphans and other vulnerable children, the elderly, the
chronically ill and the displaced. This definition ignores those groups that are socio-economically
marginalized on the basis of their ethnicity. According to Oloka-Onyango:
For example, the Batwa of south-western Uganda have suffered marginalization,
discrimination and neglect under successive regimes of governance ... Karamoja region has
been the focus of special neglect since the colonial era, and as such is in the lowest category
with respect to poverty levels, access to health, literacy rates and access to clean water and
housing, not to mention the other well-known conflict relating to conflict and dispossession. 287

PEAPs commitment to eradicate income inequality caused, amongst others, by regional inequality is
welcome. However, such indigenous peoples as the Karamojongo and Batwa have not been
recognised as deserving special attention intended to uplift their socio-economic welfare. While the

286
PEAP Document 1.
287
Oloka-Onyango 3 4 (footnote omitted).
commitment to ensure regional development may address the needs of such peoples as the
Karamajong, it may not address those of the Batwa. This is because, unlike the Karamajong, the
Batwa are not a dominant group in any region; they live as minorities in the districts of Bundibugyo,
Kanungu, Kisoro, Kabale and Kasese.

It should be noted, however, that Parliament has taken note of the housing problems of the Batwa and
has, through the Equal Opportunities Committee, suggested that [g]overnment should construct
decent shelter for the Batwa as most of them are living under very pathetic conditions; alternatively
they can just be provided with iron sheets and they construct their own houses. 288 The Committee
also recommends the provision to Batwa of other socio-economic services such as household items,
clean water, access to employment within the Game Parks and such livestock as cows, goats and
sheep.

This goes to confirm that unless there are special programmes that target the Batwa in the districts
they live in it may be hard for them to compete for access to the benefits of PEAP with the majority
populations. Yet when one reads PEAP carefully, commitment to addressing the regional imbalances
is aimed at addressing the problems of the Northern region as caused by the Lord Resistance Army
(LRA) civil war. The drive to address the needs of displaced people, which could have covered Batwa
and pastoralists communities evicted from land, is also very much dedicated to persons displaced by
the war in the North.

The government should, however, be commended for adopting the World Bank-funded NUSAF,
which, as already mentioned above, is a programme that is intended to address the poverty needs of
disadvantaged people in the North and North-eastern parts of the country. One of the regions that is
benefitting from this new socio-economic rehabilitation programme is Karamoja. The following
projects are being executed: Community Development Initiative (CDI), Conflict, Reconciliation and
Community Management (CRCM), Vulnerable Group Support (VGS), and the Youth Opportunity
Projects (YOP). These projects have resulted in the construction of schools and teachers houses,
health centres, bridges and safe water points. 289 Boreholes to provide safe water have been sunk in a
number of districts; Katakwi district, for instance, boasts of 52 bore holes. 290 It has also been reported
that the programme has through its CRCM project helped to mitigate conflict and engage in conflict
resolution for the benefit of the different warring Karamajong communities. 291 This is in addition to

288
Equal Opportunities Committee Report.
289
See Kotido NUSAF Review, New Vision Newspaper, 18 January 2008.
290
See Katakwi NUSAF Review New Vision Newspaper, 21 January 2008.
291
See C Laker and S Namara The Northern Uganda Social Action Fund: Community Reconciliation and
Conflict Management empower communities in post-conflict setting (2006) 269 Social Development,
the benefits extended by the VGS project which has addressed the economic needs of such vulnerable
groups as women, children and people living with HIV by putting in place such income-generating
activities as poultry and bee keeping. In spite of this, NUSAF is without shortcomings, there has
always been a delayed disbursement of funds for the Karamoja region as the Management Unit of the
Fund is situated in Gulu district, far away from the Karamoja region. This poses a number of
management and administrative hurdles. 292 The project is also being wounded up and at this stage
there is no indication that it will be extended.

The problem of HIV/AIDS

As is the case with many other African countries, disease is still a big problem in Uganda, the
negative impact of which is reflected, among others, in high maternal and infant mortality rates. By
2006 the under 5 mortality rate stood at 134 and the under 1 mortality rate stood at 78 out of every
1000 births. 293 Ugandas health problems have been exacerbated by the HIV/AIDS epidemic, which
has since 1982 claimed more than a million lives. 294 By 2005, a survey by the Ministry of Health
estimated that about 915 400 people were living with HIV/AIDS. 295 It should be noted, however, that
the Ugandan government has internationally been hailed for its adoption of progressive policies that
enabled it to reduce adult HIV prevalence from 15 per cent in the early 1990s to 5 per cent in 2001.296
Ugandas response to the epidemic was the ABC approach: Abstain until marriage; Be faithful to your
partner; and those with multiple partners encouraged to use a Condom. 297

In spite of the successes registered in 2001, fears of an increase in the rate of prevalence especially
among married people have been expressed. 298 The positive thing, however, is that government and
all agencies concerned with the prevention and management of the disease are aware of this problem
and have undertaken counter measures. For instance, recently the Uganda Aids Commission adopted a
5 year strategic plan which aims to reduce the incident of HIV/AIDs by 40 per cent. 299 This is in

publication of the World Bank, available at

<http://www.worldbank.org/afr.findings.english/find269.pdf> (accessed on 18 January 2008).
292
NUSAF Review.
293
See UNICEF Uganda, Basic indicators available at
http://www.unicef.org/infobycountry/uganda_statistics.htm (accessed on 26 March 2008).
294
Ben Twinomugisha Protection of the right to health care of women living with HIV/AIDS (WLA) in
Uganda: The case of Mbarara hospital Human Rights and Peace Centre working paper 5 (April 2007)
1.
295
See Uganda Aids Commission HIV/AIDS epidemiological trends in Uganda, sourced at
<http://www.aidsuganda.org/> (accessed on 26 March 2008).
296
Avert HIV and AIDS Uganda: Why Uganda is interesting available at
<http://www.avert.org/aidsuganda.htm> (accessed on 26 March 2008).
297
As above.
298
aidsmap CROI: Married people should be primary target of HIV prevention in Uganda, national study
shows available at <http://www.aidsmap.com/en/news/643CE621-B9FD-48A6-B452-
2977FFS533683.asp> (accessed on 26 March 2008).
299
Uganda Aids Commission Uganda National HIV & AIDS Strategic Plan 2007/8 2011/12 see
<http://www.aidsuganda.org/>.
addition to ensuring universal access to HIV/AIDs services and medication. There is no statistics on
the prevalence of HIV/AIDS amongst indigenous peoples. In spite of this, there is evidence of some
action directed at tackling the problem amongst indigenous peoples. The Equal Opportunities
Committee of Parliament listed as one of its questions before undertaking a working visit among the
Batwa as to whether these people have been sensitised about HIV/AIDS and given Anti Retrovirals
(ARVs). 300 During the visit, however, there was no conclusive evidence that this had taken place.

Labour rights
As seen above, Uganda has ratified almost all the major ILO conventions protecting labour-related
rights. The most important of these applicable to labour rights is ILO Convention 111 on
Discrimination (Employment and Occupation). 301 This Convention compels states to declare and
pursue a national policy designed to promote, by methods appropriate to national conditions and
practice, equality of opportunity and treatment in respect of employment and occupation, with a view
to eliminating any discrimination in respect thereof. 302 The Convention defines discrimination to
mean any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political
opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of
opportunity or treatment in employment or occupation. This Convention, though applicable to all
workers generally, is relevant and applicable to indigenous peoples. 303 According to the ILO,
although most indigenous peoples maintain strong links to their traditional lands and territories, many
seek alternative income through employment. 304 Convention 111 also requires governments to ensure
the observance of the policy in the activities of vocational guidance, vocational training and
placement services under the direction of a national authority. 305

Some of the standards laid down in these instruments are enshrined in the Constitution. The
Constitution, for instance, prohibits forced labour, 306 subject of course to the known exceptions.
Freedom of association is defined to include the freedom to form and join trade unions. 307 In addition
to this, labour rights are detailed in article 40, which requires Parliament to enact legislation to
provide for the right of persons to work under satisfactory, safe and healthy conditions; to ensure
equal payment for equal work; and to ensure that every worker is accorded rest and reasonable
working hours and periods of holiday. Workers also have the right to collective bargaining and

300
See Report of Equal Opportunities Committee 9.
301
ILO Convention 111, adopted on 25 June 1958.
302
Art 2.
303
Art 1(a).
304
Guide to ILO Convention 111 8.
305
Art 3(e).
306
Art 25.
307
Art 29(1)(e).
representation; and to withdraw their labour. These rights are elaborated in the Employment Act, 308
which also creates such new rights as paternity leave 309 and protection from sexual harassment.310
Other laws that advance the rights of workers include the Labour Union Act 311 and the Labour
Disputes (Arbitration and Settlement) Act. 312

The only problem is that these provisions are designed in such a way that they benefit persons in
formal employment. Indigenous peoples, because of their marginalisation and skills deficiencies, have
not been able to penetrate this labour market. ILO Convention 169 provides that governments shall
adopt special measures to ensure the effective protection of indigenous peoples with regard to
313
recruitment and conditions of employment. However, contrary to those provisions, no special
provision has been made to extend special protection to indigenous peoples in the labour market.

10. Gender equality

Uganda is a party to the Convention on the Elimination of Discrimination Against Women (CEDAW)
and has undertaken several steps to implement the provisions of this Convention. One of the most
visible structures for the implementation of CEDAW is the Ministry of Gender, Labour and Social
Development, initially known as Ministry of Women in Development, Ministry of Women, Youth
and Culture and Ministry of Gender and Community Development. This Ministry has since its
establishment undertaken many activities and adopted programmes aimed at the emancipation of
women. 314 The legal provisions prohibiting discrimination and those promoting affirmative action
have been dealt with extensively above. 315 What is apparent, however, is that discrimination is
prohibited on the ground of sex but not gender. 316 The Constitution has detailed provisions protecting
the rights of women to equality and advancement of their rights in several ways. Article 33 of the
Constitution provides as follows:
(1) Women shall be accorded full and equal dignity of the person with men.
(2) The State shall provide the facilities and opportunities necessary to enhance the welfare
of women to enable them realise their full potential and advancement.
(3) The State shall protect women and their rights, taking into account their unique status and
natural maternal functions in society.
(4) Women shall have the right to equal treatment with men and that right shall include equal
opportunities in political, economic and social activities.
Without prejudice to article 32 of this Constitution, women shall have the right to affirmative
action for the purpose of redressing the imbalances created by history, tradition or custom.

308
Act 6 of 2006.
309
Sec 57.
310
Sec 7
311
Act 7 of 2006.
312
Act 8 of 2006.
313
Art 20(1).
314
See Okumu 28 29.
315
See discussion on non-discrimination, sec 2 above.
316
Art 21 of the Constitution and sec 1 of EOCA.
In 1999, with the guidance of the Ministry of Gender, Labour and Social Development, the
government adopted a National Gender Policy. The Gender Policy identifies four critical areas that
government considers crucial to women: poverty; income generation and economic empowerment;
reproductive health and rights; legal framework and decision making; and the girl child and
education. 317 While it is reported that the Ministry of Gender has adopted a number of projects under
this policy it is also reported that the policy has not been implemented effectively. 318 The government
has also adopted several affirmative action programmes directed at enhancing the position of such
marginalised groups as women, persons with disabilities and the youth. The biggest beneficiaries in
this group have been women; 319 this is visible in the representation accorded to women in almost all
political decision-making forums. The Constitution, for instance, requires every district in Uganda to
be represented by one woman as a special representative of women. 320 This provision has greatly
increased the number of women in Parliament; the number has been increasing with the increasing
demarcation of districts, which now stand at over 70. It has been reported that due to affirmative
action, the representation of women in decision-making position has increased from 17 per cent in
1994 to 39 per cent in 2002. 321 There are also a number of women in Parliament who are not there as
representatives of women, some have competed and defeated men to win seats in Parliament. At the
local level, the Local Government Act makes provision for one-third of the seats of each district
council and lower councils to be reserved for women. 322

The law also establishes a National Womens Council and Womens Councils and Committees. 323
According to the National Womens Council Act, the objectives of the National Womens Council are
to organise women in a unified body and to engage women in activities that are of benefit to them and
the nation. 324 The Council is supposed to provide a unified and integrated system through which
women may communicate and co-ordinate their ideas and activities. 325 This is in addition to
establishing channels through which economic and social services and amenities may reach women in
all areas of Uganda. The Council is composed of one representative from each district elected by the
district womens council, two representatives of NGOs involved in womens affairs, and two female

317
See MS Nabacwa Working in gender and development in the Ugandan context Paper delivered to
students of Gender and Development Policy, University of Wales Swansea, 4 December 2002, revised
1 April 2004 (Nabacwa, 2002) 9.
318
See Nabacwa 9.
319
See E Kharono Review of affirmative action in Uganda (July 2003) Uganda Women Network
(UWONET).
320
Art 78(1)(b).
321
See Ugandas Third Periodic Report submitted under CEDAW, CEDAW/C/SR.575 and 576.
322
See Local Government Act, secs 10(e) and 23(1)(e).
323
National Womens Council Act, Ch 318, Laws of Uganda 2000.
324
Sec 3(1).
325
National Womens Council Act, sec 3(2).
students elected by the Uganda National Students Association. 326 The Act also establishes lower
womens councils from the district, county, sub-county, parish or ward, up to the village level. 327 The
unfortunate thing, however, is that there is no information on the level of participation of indigenous
women in these structures. It appears that the structures, like any other, are dominated by influential
groups to the exclusion of marginalised groups.

The Land Act also makes provisions intended to enhance the socio-economic welfare of women,
especially married women. The Act prohibits the dispossession of land on which a person resides with
his or her spouse and from which they derive sustenance without the prior written consent of the
spouse. 328 Any transaction undertaken without such consent is rendered void by the Act. 329 It should
be noted, though, that the effective operation of this provision has been hampered by the womens
powerlessness within the family. 330

The problem, however, is one of implementation; although the law is in place its provisions have
remained hollow statements of legal rhetoric. The structures for implementation such as the police are
highly constrained and incapable of operating at full capacity. Ignorance of the existence of legal
provisions is also prevalent, which is exacerbated by the problem of high levels of illiteracy especially
among women. It has been reported that women in Uganda lack information about their rights and
access to mechanisms that enforce them. Yet women have been disadvantaged because of the
traditional attitudes and the application of customary law, which in many respects violates their
rights. 331

The position of indigenous women

Despite the fact that Uganda has adopted a number of acts and policies that advance the position of
women in society, the majority of the women remain marginalised. This includes indigenous women,
who are marginalised both within the group of marginalised peoples and outside as members of that
group. Within the Batwa communities, for instance, women are deemed to have only the right to use
the land but not to own it. As is the case with many Ugandan ethnic groups, land inheritance among
the Batwa is from father to son. 332 Again, as is the case with other ethnic communities, Batwa women

326
Sec 4.
327
Sec 5.
328
Sec 39(1)(a).
329
Sec 39(4).
330
See Nabacwa 4.
331
A Ellis; C Manuel and M Blackden Gender and economic growth in Uganda: Unleashing the power of
women (2006) The International Bank for Reconstruction and Developmen, 7, 20.
332
Jackson 7.
are seen as the main providers in the family and considered as the ones that have to ensure that the
familys food needs are met. 333 According to Jackson:
As traditional egalitarian social systems have been eroded, the responsibility for childrens
wellbeing and household food provisioning has fallen increasingly on Twa women, whereas
in traditionally-living, forest based communities these roles are more equitably shared
between men and women, Twa women who have to rely on begging or badly paid wage
labour to obtain food have great difficulty meeting their family food needs. 334

In spite of this, discrepancies in the level of earnings between men and women are apparent in the
Batwa communities. Generally, women earn 50 per cent less than men; 335 this hampers their capacity
to effectively provide for their families. Additionally, it creates a discrepancy in the levels of socio-
economic wellbeing between men and women. This problem is, among other factors, caused by the
structural differences that exist between men and women resulting from gender wage differentials. 336

Gender-based discrimination is also rife among the Karamajong. This community, like many others in
Uganda, is male-dominated and women are excluded from decision-making roles. Women occupy the
lowest level structure. The main responsibility of women is cultivation and childbearing. 337 Women
have also been excluded from participating in the implementation of major government programmes
that have been implemented in the region. It has, for instance, been reported that women have played
a marginal and insignificant role in the major disbarment programmes. 338

11. Indigenous children

Uganda was one of the first countries to ratify the UN Convention on the Rights of Children (CRC).
The country is also a party to the African Charter on the Rights and Welfare of the Child (ACRWC).
These instruments require that in all actions concerning children the best interests of the child shall be
the primary consideration. 339 These instruments guarantee a number of childrens rights. These
include the right of every child to a name at birth and to be registered immediately, 340 the right to
acquire nationality, 341 and the right to education. 342 The instruments also guarantee the right of

333
See Jackson 9.
334
D Jackson The health situation of women and children in Central African Pygym peoples 1 (2006)
Indigenous Affairs 38 40 41.
335
F Banda and C Chinkin Gender, Minorities and Indigenous Peoples (2004) Minority Rights Group
International 24.
336
See P Kagundu and O Pavlova Gender wage differentials in Uganda: Evidence from the Uganda
National Household Survey Andrew Young School of Policy Studies, Working paper 07-26.
337
Eian Ch 7.
338
See E Schroeder, V Farr & A Schnabel Gender awareness in research on small arms and light
weapons: A preliminary report Swiss Peace Foundation Working Paper (January 2005).
339
CRC, art 3(1) and art 4(1) of the ACRWC.
340
Art 7 CRC; art 6 ACRWC.
341
Art 7 CRC and art 6 ACRWC.
342
ACRWC, art 11 and art 28 CRC.
children to participate freely in cultural life and arts. 343 This right is particularly relevant for
indigenous children because, as demonstrated above, the cultures of indigenous peoples are threatened
with extinction. This right should not be looked at merely as protection against negative infringement
but also as imposing affirmative obligations on the state to promote the cultures of indigenous peoples
among indigenous children. Indeed, both instruments stipulate the purpose of education to include the
preservation of culture, 344 the CRC uses the phrase ... development of ... own identity, language, and
values. 345

Unlike other international instruments that have merely been ratified but not domesticated, Uganda
has substantially domesticated the provisions of the CRC and the ACRWC. The Uganda Constitution
contains an elaborate provision protecting the rights of children; the Childrens Act 346 is even more
elaborate. The Constitution provides in section 34 as follows:

(1) Subject to laws enacted in their best interests, children shall have the right to know and be
care for by their parents or those entitled by law to bring them up.
(2) A child is entitled to basic education, which shall be the responsibility of the State and
parents of the child.
(3) No child shall be deprived by any person of medical treatment, education or any other
social or economic benefit by reason of religious or other beliefs.
(4) Children are entitled to be protected from social or economic exploitation and shall not be
employed in or required to perform work that is likely to be hazardous or to interfere with
their education or to be harmful to their health or physical, mental, spiritual, moral or
social development.
(5) For the purposes of clause (4) of this article, children shall be persons under the age of
sixteen years.
(6) A child offender who is kept in lawful custody or detention shall be kept separately from
adult offenders.
(7) The law shall accord special protection to orphans and other vulnerable children.

The Childrens Act incorporates the welfare principle; the Act provides that whenever the state, a
court, a local authority or any person determines any question relating to a child the childs welfare
shall be of the paramount consideration. 347 The Act also provides that children shall, in addition to the
rights stated in the Act, enjoy all rights set out in the CRC and the ACRWC. 348 The Act guarantees
children the right to be cared for by their parents or by those in whose custody they are, 349 customary
practices that are harmful to a childs health are prohibited. 350 The Act also imposes a duty on parents
of children with disabilities to take appropriate steps to ensure that such children are assessed and

343
CRC, art 31 and ACRWC, art 12.
344
Art 11(2)(c) ACRWC.
345
Art 29(1)(c).
346
Ch 59 of Laws of Uganda, 2000.
347
See sec 3 and the First schedule to the Act.
348
Para (c) First schedule.
349
Sec 5.
350
Sec 7.
rehabilitated. 351 The Childrens Act creates an elaborate structure for the protection of children and
the enforcement of their rights. This includes structures aligned along the system of decentralisation,
which ensure that the local communities participate in the protection of children and the enforcement
of their rights. Consistent with the CRC, ACRWC and United Nations Standard Minimum Rules for
Administration of Juvenile Justice (Beijing Rules), 352 the Childrens Act has elaborate provisions
governing juvenile delinquency, which promote the diversion of child offenders. Depending on the
nature of the offence, juvenile offenders are tried both by the Local Council Courts and the Family
and Childrens Court. 353

Uganda has ratified ILO Convention 182 on Worst Forms of Child Labour, unfortunately, there is no
information specifically on the situation of child labour amongst indigenous peoples. There is,
however, information on the general state of child labour and the measures that the government has
taken to combat this. Existing information suggests that 32 per cent of children between 15 17 years
are working of whom 16 per cent work as child labourers. 354 The bulk of the children are employed in
agriculture, construction, trade and domestic sectors. 355

Indigenous children, like adults, continue to be marginalised in economic and social terms. The infant
mortality rate is for instance reported at between 20 22 per cent amongst the Batwa, which is twice
those of non-Batwa communities. 356 A decline in the levels of nutrition among Batwa children is also
common and is associated with the limited access they have to forest food resources because of the
evictions. Adequate levels of nutrition are also reported amongst Batwa communities that have been
allowed access to land. 357

The government has adopted a number of policies from which all children, including indigenous
children, could benefit. This is in addition to the adoption of policies that address the needs of
vulnerable children. The Ministry of Gender, Labour and Social Development has, for instance,
adopted a policy to address the needs of orphans and other vulnerable children. 358 The mission of this
policy is to fulfill the rights of orphans and vulnerable children and ensure that responsibilities
towards these children are met. To realise its mission, the NSPPI identifies a set of 13 principles that
guide the plan. These include: building on the human rights based approach, making the family and

351
Sec 9.
352
Adopted by General Assembly resolution 40/33of 29 November 1985.
353
See Mbazira.
354
WM Tarinyeba Poverty, trade and child labour in the developing world: An analysis of efforts to
combat child labour in Uganda (2007) East African Journal of Peace & Human Rights 294.
355
Tarinyeba 299.
356
Jackson 40.
357
As above.
358
See Ministry of Gender, Labour and Social Development National Strategic Programme Plan of
Intervention for Orphans and other Vulnerable Children, Fiscal Year 2005/6 2009/10.
the community the first line of response, reducing vulnerability, facilitating community participation
and empowerment, promoting gender equality, treating recipients with respect, reducing stigma and
discrimination, ensuring social inclusion, ensuring participation of vulnerable children and families,
strengthening partnerships, delivering integrated services and designing age sensitive programmes. 359

Though not intended for indigenous children, this policy could be stretched to accommodate such
children. The policy defines vulnerable children to include street children, children in broken
marriages and children stricken by poverty. Indigenous children could be accommodated under the
latter, like adults, indigenous children are stricken by poverty; they lack adequate food, education and
medical attention. The policy prioritises access to children in households living in places that are hard
to reach areas; most indigenous communities live in these areas, usually far away for mainstream
development structures in the cities and towns.

It has also been demonstrated how the government has adopted a special education programme,
ABEK, for children in Karamoja. However, the same has not been done for other children indigenous
children such as the Batwa and the Benet. In spite of this, Batwa could still benefit from the UPE
policy if they overcome the hurdles of discrimination and marginalisation. It is reported that Batwa
children are not benefitting from UPE because the school environment is not conducive for them as a
result of discrimination and mockery by other learners and some have dropped out of school because
of early marriages. 360 The Equal Opportunities Committee of Parliament has thus recommended that
Batwa children who are in school be supported in terms of providing scholastic materials such as
uniforms and paying fees for those in secondary school. 361

12. Indigenous peoples in border areas

The world over, indigenous peoples are separated by borders, which has forced identical communities
to live in different countries and assume nationalities that legally differ. To avoid the negative effects
of this, ILO Convention 169 requires governments to take appropriate measures, including by means
of international agreements, to facilitate contact and co-operation between indigenous peoples across
borders. 362

In Uganda, the Karamajong have a lot in common with the Karamajong who live across the border in
Sudan and Kenya. The Batwa are not any different, they are found in Uganda, the Democratic
Republic of Congo, Rwanda, Burundi and parts of central Africa. Other indigenous peoples living

359
As above, 22 23.
360
See Parliamentary Committee, 2007.
361
See Report of Equal Opportunities Committee of Parliament.
362
Art 32.
across borders are the Balaalo and Basongora pastoralists who have, for a number of years now, been
hovering between the borders of Uganda, Tanzania and the DRC in search of pasture and water for
their animals. In 1999 a group of Basongora pastoralists moved to DRC and settled in Virunga
National Park where they found pasture and water. They, however, overstayed their welcome and
were evicted from the park in March 2006 which forced them to return to Uganda. Three months later,
the same fate befell Ugandan pastoralists evicted from Kyaka, Karagwe and Mulamba in Tanzania.
The UHRC reports on the precarious situation in which these people found themselves after the
evictions, some were, however, able to be absorbed by the existing Ugandan communities on the
Uganda Tanzania border where they had lived before migrating to Tanzania. 363 The rest are housed in
camps without such basic necessities of life as water, food and access to health care. The Commission
also reports on the human rights abuse that these people endured during their eviction from Tanzania,
which included loss of property and life, rape and harassment. Furthermore, the Commission
illustrates the legal dilemma that some of these people face:
[These] people are neither refugees nor IDPs in the true sense of the word. They perceive
themselves to be Tanzanians while Tanzania sees them as Ugandans. Uganda seems to have
accepted them as IDPs but has not provided for them in line with the IDP policy. 364

Not being refuges in the true sense, and also considering the fact that it is difficult to distinguish those
who are by law considered to be Ugandans from those considered Tanzanians, the refugee laws of
Uganda do not apply to them. As reported by the Commission, the Ugandan government considers
these people to be Ugandans. In spite of this, the government has not done much to alleviate their
plight. The UHRC has recommended that [g]overnment pays heed to the plight of these displaced
persons, and provides desperately needed humanitarian assistance. 365

In the Karamoja region the problem has not been one of migrations across borders; rather, the
problem has mainly been one of fighting between tribes across borders, exacerbated by cattle rustling,
which occurs across the borders. This is especially between tribes in Kenya and Uganda. The borders
are not effectively regulated, which makes it easy for cattle rustlers to move from country side to
another. The challenge that faces these countries is how to control cross-border insecurity: several
joint initiatives have been adopted in the past but without much success.

363
UHRC 109.
364
UHRC 110. Some of these people had migrated to Tanzania as early as 1955, yet some hold citizenship
certificates issued by the government of Tanzania.
365
UHRC 109.
 Part III: Conclusion and recommendations

1. Conclusions
Uganda is home to a number of ethnic groups; the country has a very rich ethnic and cultural
diversity. Ethnicity and the cultural practices that accompany the lifestyle of every ethnic group play a
very important role in determining ones social life. Ugandans are proud of their ethnic origins and
identify themselves with their ethnic groups, which is manifested mainly by the language one speaks.
It should be noted, however, that this ethnic diversity has also been, and continues to be, a source of
many problems. Uganda has a history of ethnically-based discrimination promoted by governments
that divert resources to the resolution of problems that face specific ethnic groups to the exclusion of
others. Access to high-level political office has, to a certain extent, been defined not only by ones
capacity but also his or her ethnicity. To reverse this situation, one of the proclaimed projects of the
government has always been the elimination of ethnicity as the basis for holding political power.
When the National Resistance Movement Government came to power in 1986 it unveiled the Ten
Point Programme, an instrument representing the ideological and philosophical stand of the
government on how to address Ugandas problems. 366 Point number 3 in this instrument was the
consolidation of national unity and the elimination of all forms of sectarianism. 367 The government
even amended the Penal Code Act to create the offence of sectarianism, intended to punish any person
who publishes or utters statements that degrade, expose hatred or contempt, create alienation or
despondency, or create any feeling of ill-will among or against any group or body on account of tribe
or ethnicity amongst others. 368 The government has also generally always avoided the adoption of any
policy or legislation that could be interpreted as advancing benefits directed at a specific ethnic group
or groups. It is in this context that the problems of indigenous and tribal peoples should be
understood.

Uganda is home to a number of persons that can be identified as indigenous and tribal peoples; the
Karamajongs, Batwa and Benet are examples of these peoples. The biggest problem, as seen from the
discussion in this report, however, is that Uganda does not recognise and identify indigenous or tribal
peoples. I have demonstrated that in Uganda the word indigenous has aboriginal connotations, and

366
See PM Mutibwa Uganda since independence: A story of unfulfilled hopes (1992) 179.
367
Mutibwa 178. In 2006 the ruling NRM Party proclaimed that it had been largely successful in
eliminating sectarianism from the Uganda body politic and relegating ethnicity-based political
association to a bygone era. See National Resistance Movement Prosperity for all, transformation and
Peace. NRM Election Manifesto 2006 available at
http://www.nrm.ug/NRM%20Manifesto%202006.pdf (accessed on 10 January 2008).
368
Penal Code Act, Ch 120, Laws of Uganda 2000, sec 41. The punishment is a term of imprisonment not
exceeding five years.
all peoples that have lived in Uganda since its borders were demarcated are considered to be
indigenous Ugandans. Uganda has in fact not ratified ILO Convention 169. The non-recognition and
identification of indigenous peoples are the major causes of their neglect and violation of a variety of
their rights. Indigenous and tribal peoples have been marginalised from mainstream society in
economic, social and political terms. They are ostracised and discriminated against on the basis of
their ethnicity and way of life. Such indigenous peoples as the Batwa and Benet have lost their
ancestral land, which has been gazetted for conservation and promotion of tourism without prior
consultation, compensation or provision of alternative land.

In spite of the above, Uganda has a number of legislative provisions, policies and programmes that
could be exploited to promote the rights of indigenous and tribal peoples. The Constitution has
extensive provisions that prohibit discrimination and promote affirmative action. The Constitution
also has provisions that advance culture and customs, the rights of children, and which ensure gender
equality. In terms of education, the country has adopted the UPE programme to provide free primary
education and is in preliminary stages of beginning Universal Secondary Education (USE) to provide
free secondary education. In some indigenous peoples areas such as Karamoja, the government has
adopted special programmes such as ABEK to advance education in the region. A National Culture
Policy has been adopted, which could be used to promote indigenous languages and cultures.
Nonetheless, the government has not fully addressed the concerns of indigenous peoples as they
continue to be marginalised and are socially and economically deprived.

2. Recommendations
Uganda should ratify ILO Convention 169, which at the moment stands out as the most
authoritative international treaty defining the rights of indigenous and tribal peoples and the
obligations of states towards them. The instrument should not only be ratified but should be
domesticated to be given legal effect. Uganda should also support UNDRIP although there is
no evidence of Ugandas participation in its adoption by the UN.

Uganda should recognise and identify indigenous and tribal peoples using the international
and regional criteria for their identification. In this regard, the term indigenous peoples
should be understood outside the confines of aboriginality, as is the case in Uganda. Such
recognition and identification will pave the way for the protection of indigenous peoples.
This will entail the recognition of their cultural heritage, their vulnerability and the need to
accord them special protection.
 Government should recognise and respect the land and property rights of indigenous and
tribal peoples and their special attachment to natural resources. Indigenous peoples should be
consulted and involved in environment management planning processes, which should, as
much as possible, minimise interrupting the lifestyle of indigenous peoples.

Government should resettle all the landless Batwa that were evicted from Mgahinga and
Bwindi. The resettlement should consider their lifestyle as indigenous peoples and the
special attachment that they have to the forest and there should be a special plan to allow
them access the forest. In these processes the Batwa should be consulted and their opinions
taken seriously.

Government should work with civil society organisations to adopt special programmes that
address the special needs of the various indigenous peoples and marginalised groups. These
programmes should ensure that the social and economic needs of these peoples are met.

Government should encourage the representation of indigenous peoples in the numerous

political decision-making forums. Indigenous peoples should be represented in Parliament as
a special interest group. Indigenous peoples should also be represented on all local councils
and on the EOC and indigenous women should be represented on the National Council for
Women.
 Part IV: Bibliography

1. Books, articles and papers

Baker, B Popular justice and policing from bush war to democracy: Uganda 1981 2004 32 (2004)
International Journal of the Sociology of Law 333

Barya, J Freedom of association and Ugandas new labour laws: A critical analysis of workers
organizational rights (2007) Human Rights and Peace Centre Working Paper 4

Brownlie, I Principles of public international law (1990) Oxford University Press

Ellis, A; Manuel, C and Blackden, M Gender and economic growth in Uganda: Unleashing the
power of women (2006) The International Bank for Reconstruction and Development

Jackson, D Twa women, Twa rights in the Great Lakes region of Africa (2003) Minority Rights Group

Jackson, D The health situation of women and children in Central African Pygmy peoples 1/06
Indigenous Affairs 38

Jerome, L The Batwa pygmies of the Great Lakes Region (2000) Minority Rights Group

International Labour Office Handbook on combating child labour among indigenous and tribal
peoples (2006)A Joint PRO 169 and IPEC Initiative

Jjuuko, F Legal sector reform review in Uganda in Maria Nassali (ed) Reforming justice in East
Africa: A comparative review of legal sector processes (2008) Fountain Publishers

Jjuko, F & Kabonesa, C Universal primary education (UPE) in contemporary Uganda: Right or
privilege? (2007) Human Rights and Peace Centre Working paper 8

Kabananukye, K and Kwagala, D Culture, minorities and linguistic rights in Uganda: The case of
Batwa and the Ik (2007) Human Rights and Peace Centre Working Paper 11

Kagundu, P & Pavlova, O Gender wage differentials in Uganda: Evidence from the Uganda National
Household Survey Andrew Young School of Policy Studies, Working paper 07-26.

Kakooza, J The application of customary law in Uganda 1 (2003) The Uganda Living Law Journal
23

Kanyeihamba, G Constitutional and political history of Uganda: From 1894 to the present (2002)
Centenary Publishing House

Kenrick, J The Batwa of South West Uganda: World Bank Policy on Indigenous Peoples and the
Conservation of Bwindi and Mgahinga (2000) Forest Peoples programme

Kharono, E Review of affirmative action in Uganda (2003) Uganda Women Network (UWONET)

Kirkby, C Exorcising Matovus Ghost: Legal Positivism, Pluralism and Ideology in Ugandas
Appellate Courts (2007) (Thesis submitted in partial fulfilment of the requirements of Master of Laws
at the Faculty of Law, McGill University, Montreal)

Laker, C & Namara, S The Northern Uganda Social Action Fund: Community Reconciliation and
Conflict Management empower communities in post-conflict setting (2006) 269 Social Development,
publication of the World Bank, available at
http://www.worldbank.org/afr.findings.english/find269.pdf

Mamdani, M The politics of democratic reform in contemporary Uganda 2 (1995) East African
Journal of Peace & Human Rights 91

Mayambala, K The impact of the repugnancy doctrine on the concept of human rights in traditional
Africa during the colonial era: The situation in Uganda 1 (2006) Makerere Law Journal 134

Mburu, N The proliferation of gun and rustling in Karamoja and Turkana districts: the case for
appropriate disbarment strategies (2002) Peace, Conflict and Development: An Interdisciplinary
Journal PAGE???

Mugambwa, J A comparative analysis of land tenure law reform in Uganda and Papua New Guinea
1 (2007) Journal of South Pacific Law 39

Mutibwa, P Uganda since independence: A story of unfulfilled hopes (1992) Africa World Press

Mukundi G The role of courts in protecting indigenous peoples rights to land and natural resources
in Kenya and South Africa 13 (2007) East African Journal of Peace & Human Rights 240

Nakayi, R Decentralization and the situation of selected ethnic and racial minorities: A Human rights
audit (2007) Human Rights and Peace Centre Working paper 15

Okumu-Wengi, J Weeding the millet field: Womens law and grassroots justice in Uganda Essays in
Womens Law (1997)

Oloka-Onyango, J The problematique of economic, social and cultural rights in globalized Uganda
(2007) Human Rights and Peace Centre Working Paper 3

Oloka-Onyango, J From whence have we come, and where exactly are we going: The politics of
electoral struggle and constitutional (non) transition in Uganda (2005) Human Rights and Peace
Centre, Working Paper Series 1

Oloka-Onyango, J Judicial power and constitutionalism in Uganda: A historical perspective in

Mamdani, M and Oloka-Onyango, J (eds) Uganda: Studies in living conditions, popular movements
and constitutionalism (1994) JEP and Centre for Basic Research, Kampala

Okuku, J Beyond Third Term politics: Constitutional reform and democratic governance in
Uganda (2005) East African Journal of Peace & Human Rights 182

Omara-Otunnu, A The struggle for democracy in Uganda (1992) The Journal of Modern African
Studies 443

Onoria, H Guaranteeing the right to adequate housing and shelter in Uganda: The case of women and
people with disabilities (2007) Human Rights and Peace Centre Working Paper 6

Quam, M Creating peace in an armed society: Karamoja, Uganda (1996) African Studies Quarterly

Schroeder, E; Farr, V & Schnabel, A Gender awareness in research on small arms and light
weapons: A preliminary report (2005) Swiss Peace Foundation Working Paper

Stasavage, D The role of democracy in Ugandas move to Universal Education 43(1) (2005)
Journal of Modern African Studies 53
Tarinyeba, W Poverty, trade and child labour in the developing world: An analysis of efforts to
combat child labour in Uganda (2007) East African Journal of Peace & Human Rights 294

Tindifa, S Land rights and peace-building in Gulu District, Northern Uganda: Towards a holistic
approach (2007) Human Rights and Peace Centre Working Paper 7

Twinomugisha, B Protection of the right to health care of women living with HIV/AIDS (WLA) in
Uganda: The case of Mbarara hospital (2007) Human Rights and Peace Centre working paper 5

Wairama, INITIAL Uganda: The Marginalization of minorities (2001) Minority Rights Group
International

Zaninka, P The impact of (forest) nature conservation on indigenous peoples: The Batwa of
south-western Uganda A case study of Mgahinga and Bwindi Impenetrable Forest Conservation
Trust (2001)

2. Workshop, seminar and conference papers

Aguti, J Facing up to the challenge of Universal Primary Education (UPE) in Uganda through
distance teacher education programmes Paper presented at the Pan Commonwealth Forum on Open
Learning, 29 July 2 August, 2002, Durban, South Africa, available at
<http://www.dip.go.ug/english/education/upe/docs/upe_aguti_paper.pdf>

Edroma, E Sector wide approach in justice, law and order: The Ugandan experience Paper presented
to the ALRAESA Annual Conference on Fusion of Legal Systems and Concepts in Africa, organized
by the Uganda Law Reform Commission 4 7 September 2005, available at
<htt://www.doj.gov.za/alraesa/conferences/papers/ent_s2_endroma.pdf>

Knighton, B Historical ethnography and the collapse of Karamajong culture: Premature reports of
trends Paper presented at the African Studies Seminar, St Antonys College, University of Oxford, 13
June 2002, available on line at <http://www.eldis.org/fulltext/knighton_karamoja.pdf>

Nabacwa, M Working in gender and development in the Ugandan context Paper delivered to students
of Gender and Development Policy, University of Wales Swansea, 4 December 2002, revised 1 April
2004

3. Newspaper articles
UPDF burns 230 illegal Kjongo guns The New Vision Newspaper, 25 February 2007

UPE, USE: Ugandas solution for transformation in Uganda in 2008, a publication of the The New
Vision

Uganda spends most on education The New Vision, 18 January 2008

Karamonjongo exhume pen to foster development The New Vision 16 January 2008

PLE Out The New Vision Newspaper, 18 January 2008

Karamoja rejects law The New Vision, 5 February 2008

Balaalo, farmers clash over land The New Vision 18 January 2008

Kotido NUSAF Review, The New Vision Newspaper, 18 January 2008

Katakwi NUSAF Review The New Vision Newspaper, 21 January 2008

Why farmers continue to feel the bite from dry spells The New Vision, 16 January 2008

Buliisa herdsmen lose land case The New Vision 26 March 2008

High Court clears Balaalo eviction Daily Monitor 26 March 2008

Balaalo must leave Buliisa immediately, says Museveni Daily Monitor, 28 March 2008

4. Reports
Banda, F and Chinkin, C Gender, Minorities and Indigenous Peoples (2004) Minority Rights Group
International

Forest Peoples Project Annual Report 2006 available at http://www.forestpeoples.org/

documents/ann_rep/fpproje_ar_o5.pdf

Forest Peoples Project, Annual Report, 2005 available at http://www.forestpeoples.org/

documents/ann_rep/fpproje_ar_o5.pdf

Forest Peoples Project, Annual Report, 2006 available at http://www.forestpeoples.org/documents/

ann_rep/ fpproje_ar_o6.pdf

Forest Peoples Programme, United Organisation for Batwa Development in Uganda (UOBDU) and
International Work Group for Indigenous Affairs Supplement Report on the First Periodic Report of
Uganda to the African Commission on Human and Peoples Rights, May 2006

Human Rights Committee Consideration of the reports submitted by states parties under article 40 of
the Covenant: Concluding observations, Uganda CCPR/CO/80/UGA.

International Bar Association Judicial independence undermined: A report on Uganda (2007)

Mbazira, C Harmonisation of national and international laws to protect childrens rights: The
Uganda case study (2006) Report done for the African Child Policy Forum (ACPF), available at <
http://www.africanchild.info/documents.asp?page=2>

National Environment Management Authority State of the Environment Report, 1996 available at
http://www.nemaug.org/UPLOADS/SOE/soe96.pdf

Poole, P Cultural mapping and indigenous peoples (2003) A report for UNESCO available at
http://www.ipad.org/publications/ppgis/cultual.mapping.pdf

Report of the African Commissions Working Group of Experts on Indigenous

Populations/Communities adopted by the African Commission on Human and Peoples Rights at its
28th Ordinary session

Report of the Equal Opportunities Committees working visit to Bundibugyo and Kisoro (2007)
(unpublished, on file with author)

The Report of the Uganda Constitutional Commission: Analysis and Recommendations (1992)

Uganda African Peer Review Mechanism (APRM) National Commission The Uganda Country Self-
Assessment Report (2007) (On file with author)

Uganda Bureau of Statistics 2002 Uganda Population and Housing Census, Main Report,
available at http://www.ubos.org
Uganda Bureau of Statistics 2002 Uganda Population and Housing Census Analytical Report,
Population size and Distribution October 2006 available at http://www.ubos.org

Uganda Bureau of Statistics 2002 Census Economic Characteristics Report

Uganda Human Rights Commission 8th Annual Report

Uganda Human Rights Commission 9th Annual Report (2006)

United Nations Development Programme (UNDP) Human Development Report 2007/2008. Fight
climate change in a divided world (2007) available at
http://hdr.undp.org/en/media/hdr_20072008_en_complete.pdf

United Nations Development Programme Uganda Human Development Report. Linking Environment
to Human Development: A deliberate choice, available at
http://hdr.undp.org/en/reports/nationalreports/africa/uganda_2005_en.pdf

5. Internet sources
Danish Ministry of Foreign Affairs DANIDA Access to justice component in Democracy, Justice and
Peace Programme Uganda 2006 2010: Component description (October 2005) available at
http://www.danidadevforum.um.dk/en/menu/Topics/GoogGovernance/Programmes/Country/Program
mes/Africa/Uganda/

Forest People Programme FPP support for capacity building and sustainable use of Batwa
communities around Mgahinga and Bwindi Impenetrable forests, South West Uganda (August 2002)
available at http://www.forestpeoples.org/documents/africa/uganda_batwa_overview
_aug02_eng.shtml

Green, E Ethnicity and the politics of land tenure reform in central Uganda Development Studies
Institute Working Paper series 05-58 (April 2005) available at
http://www.Ise.ac.uk/collections/DESTIN/pdf/WP58.pdf

Human Rights Watch Get the Gun Human rights violations by Ugandas National Army in law
enforcement operations in Karamoja region (September 2007) available at
http://hrw.org/reports/2007uganda)907

IWGIA The Indigenous world 2007 The Horn of Africa and East Africa available at
http://www.forestpeoples.org/documents/africa/uganda_iw_2007.pdf

Kellermann, S & Kellermann, C Pygmy Education Fund Update available at

http://www.pygmies.net/pages/edu.html

Ministry of Education and Sports The Ugandan experience of Universal Primary Education (July
1999) available at http://www3.unesco.org/minedaf

Ministry of Justice and Constitutional Affairs, Justice, Law and Order Sector Participatory poverty
assessment on safety, security, and access to justice: Voices of the poor in Uganda (January 2002)
available at htt://www.commonlii.org/ug/other/UGJL/report/R3/3.pdf

Minority Rights Group State of the World's Minorities 2008 available at

http://www.minorityrights.org/download.php?id=459 (accessed on 12 March 2008)

National Resistance Movement Prosperity for all, transformation and Peace. NRM Election Manifesto
2006 available at http://www.nrm.ug/NRM%20Manifesto%202006.pdf
Okech, O and Busingye, H Getting the process right: The experience of the Uganda Land Alliance in
Uganda available at http://www.capri.cgiar.org/wp/..%5Cpdf%5Cbrief_land-11.pdf

Refugee International (RI) Forgotten people: the Batwa 'Pygmy' of the Great Lakes region of Africa
available at http://www.reliefweb.int/rw/rwb.nsf/AllDocsByUNID/a84e5cbac3ac
8c2885256d800079aaba

Rugadya, M Current status and challenges in the land reform process in Uganda: An NGO
perspective (2003) Uganda Land Alliance available at
http://www.org.uk/resources/learning/landrights/downloads/ugaexp.rtf

U.S Department of State, Bureau of African Affairs Background Note: Uganda December 2007
available at http://www.state.gov/r/pa/ei/bgn/2963.htm

Uganda Conflict Action Network Conflict in Karamoja available at

http://www.ugandancan.org/karamoja.php (accessed on 14 January 2008)

See UNICEF Uganda, Basic indicators available at

http://www.unicef.org/infobycountry/uganda_statistics.htm

Uganda Wildlife Authority Environmental Impact Statement of Land use change of Pian-Upe Wildlife
Reserve. Report by Ema Consults (August 2004) available at
http://www.nemaug.org/UPLOADS/eian/

World Bank Northern Uganda Social Action Fund Project at

http://web.worldbank.org/external/projects

World Forest Movement Indigenous peoples, their forests, struggle and rights (December 2005)
available at http://www.wrm.org.uy/peoples/Book/text.pdf

World Rainforest Movement Bulletin Uganda: FACE Foundation, carbon conflict and FSC
certification available at http//www.wrm.org.uy/bulletin/101/Country.htm/#Uganda

6. Government programmes and policy documents

Ministry of Education and Sports (1992) Government White Paper on the Education Policy

Ministry of Gender, Labour and Social Development National Strategic Programme Plan of
Intervention for Orphans and other Vulnerable Children, Fiscal Year 2005/6 2009/10

Ministry of Gender, Labour and Social Development Uganda National Culture Policy: A Culturally
Vibrant, Cohesive, Progressive Nation

Ministry of Gender, Labour and Social Development Data base of ethnic minorities in Uganda Draft
final report (June 2007) [Not yet published, on file with author]

Ministry of Finance, Planning and Economic Planning Poverty Eradication Action Plan (2004/5
2007/8)

7. Legislation
Childrens Act, Cap 59 Laws of Uganda 2000

Constitution of Uganda, 1995, Volume 1 of Laws of Uganda, 2000

Copy Rights and Neigbouring Rights Act, 2006

Employment Act, 2006

Equal Opportunities Commission Act, 2007

Historical Monuments Act, Cap 46 Laws of Uganda 2000

Judicature Act, Cap 13 Laws of Uganda 2000

Labour Disputes (Arbitration and Settlement) Act, 2006

Labour Union Act, 2006

Land Act, Cap 227 Laws of Uganda 2000

Local Council Courts Act, 2006

Local Government Act, Cap 243 Laws of Uganda 2000

National Environment Act, Cap 153 Laws of Uganda 2000

National Womens Council Act, Cap 318, Laws of Uganda 2000

Penal Code Act, Chapter 120, Laws of Uganda 2000

Ratification of Treaties Act, Cap 204 Laws of Uganda

Stage Plays and Public Entertainment Act, Cap 46 Laws of Uganda

Uganda Citizenship and Immigration Control Act, Cap 66, Laws of Uganda 2000

Universities and other Tertiary Institutions Act, 2001

8. Case law
Kabakas Government v Mawanda [1965] EA 718

Paul Kawanga Ssemwogerere & Ors v Attorney General, Constitutional Petition 5 of 2002
[Unreported]