• Indigenous peoples in Uganda

    Indigenous peoples in Uganda

    The indigenous peoples of Uganda include the Benet, the Batwa, the Ik, the Karamojong, and the Basongora, although they are not recognised specifically as indigenous peoples by the Government of Uganda.

The Indigenous World 2022: Uganda

Indigenous Peoples in Uganda include former hunter-gatherer communities such as the Benet and the Batwa. They also include minority groups such as the Ik and the Karamojong and Basongora pastoralists, who are not recognized specifically as Indigenous Peoples by the government.

The Benet, who number slightly over 8,500, live in the north-eastern part of Uganda. The 6,700 or so Batwa live primarily in the south-western region and were dispossessed of their ancestral land when Bwindi and Mgahinga forests were gazetted as national parks in 1991.[1] The Ik number some 13,939 and live on the edge of the Karamoja/Turkana region along the Uganda/Kenya border. The Karamojong people – whose economy is traditionally based on livestock - live in the north-east of the country (mainly drylands) and have an estimated population of 1,094,100[2] according to a mid-2018 estimate by the Uganda Bureau of Statistics. The Basongora number around 15,000 people and are a cattle-herding community living in the lowlands adjacent to Mt. Rwenzori in Western Uganda.

All these communities have a common experience of State-induced landlessness and historical injustices caused by the creation of conservation areas in Uganda and mining interests in the case of Karamoja. They have experienced various human rights violations, including continued forced evictions and/or exclusions from ancestral lands without community consultation, consent or adequate (or any) compensation. Other violations include violence and destruction of homes and property, including livestock and denial of their means of subsistence and of their cultural and religious life through their exclusion from ancestral lands and natural resources. All these violations have resulted in their continued impoverishment, social and political exploitation and marginalization.

The 1995 Constitution offers no express protection for Indigenous Peoples but Article 32 places a mandatory duty on the State to take affirmative action in favour of groups that have been historically disadvantaged and discriminated against. This provision, which was initially designed and envisaged to deal with the historical disadvantages of children, people with disabilities and women, is the basic legal source of affirmative action in favour of Indigenous Peoples in Uganda.[3] The Land Act of 1998 and the National Environment Statute of 1995 protect customary interests in land and traditional uses of forests. However, these laws also authorize the government to exclude human activities in any forest area by declaring it a protected area, thus nullifying the customary land rights of Indigenous Peoples.[4]

Uganda has never ratified ILO Convention No. 169, which guarantees the rights of Indigenous and tribal peoples in independent states, and it was absent in the voting on the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) in 2007.


This article is part of the 36th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of Indigenous Women standing up and taking the lead in the land rights struggle of their community in Jharkhand, India. This photo was taken by Signe Leth, and is the cover of the Indigenous World 2022 where the article is featured. Find The Indigenous World 2022 in full here


The situation of pastoralists and minority groups in Karamoja

Karamoja pastoralists experienced a harsh situation throughout most of 2021. The challenges included a resurgence of armed cattle rustling and raids, forced evictions from extractive sites in Loyoro sub-county of Kaabong district, the abduction and rape of women and girls, early girl child marriages and COVID-19. A combination of these factors impacted on the broad social structure, including on food and market systems. There were a number of interventions by civil society, government and experts as regards conflict management and insecurity as well as the situation of women and girls at community level.

Conflict and insecurity in Karamoja

Cattle raids and thefts continued in Karamoja in 2021. This left many women and households vulnerable to loss of livelihood, life, rape and abduction by armed warriors from Turkana (Kenya), Dodoth from Kaabong district and Jie from Kotido (Ugandan side).

This was particularly the case when community members were engaged in daily survival activities such as fetching firewood for sale, gathering wild foods, herding livestock and working on community artisanal gold mining. As a result of men dying while protecting livestock or others dying in the raids, the number of women- or child-headed families and orphans has increased substantially in Karamoja. For example, during the month of August 2021, more than 11 people were murdered in Kaabong town. Most of the murders took place at night. Some of the murders were accompanied by robberies targeting businesses and village savings groups. One example is the robbery and murder of the woman who served as treasurer of Toyera Kapei Village Savings and Loan Association (VSLA) in Kaabong East sub-county by unknown armed warriors who got away with UGX 12 million (equivalent to USD 3,300).[5] Another victim was Lokol Zam Zam, a business woman. She was murdered by armed warriors after robbing her of money in Lodiko sub-county some six kilometres out of Kaabong town.[6] It is alleged that she was suspected of sharing intelligence information with the security forces. Another person murdered in cold blood in August was Aboka Magur who served as chairman of the Payangara Sub-County Peace Committee in Kotido district. His death was attributed to armed Jie warriors who alleged that the Peace Committee was talking peace and sharing reports with security agencies. Many more innocent persons were murdered in August and September either by armed warriors or security officers.

Activists demanding peace and the reinstatement of security in Karamoja became targets for armed warriors and elements within the authorities, including the security forces. Civil society workers have been warned not to report government security operations in the region. One of them, Loupa Pius, has been frequently harassed and victimized. In October 2021, he was summoned by the National Resistance Movement[7] (NRM) chairperson for Kaabong district to the office of the District Police Commander, to explain why he (Loupa Pius) had shared information with the public regarding the arrest of said NRM chairperson, who was in possession of an illegal gun.

A number of events and meetings were held to find solutions to the security concerns. In mid-2021, Members of Parliament (MPs) from Karamoja boycotted the Presidential State of the Nation Address on Security. They used the occasion to travel to Karamoja to gather information on security developments. They found that the insecurity situation was worsening day by day.[8] The MPs gathered information and they presented it to the Parliament of Uganda for members to understand the security situation in the Karamoja sub-region. As a follow-up, the office of the first lady met with all top leaders and security agencies in Karamoja in September 2021 ahead of President Museveni’s visit to the sub-region. A number of security strategies were agreed and submitted by the chairperson of the Karamoja Parliamentary Group (KPG) to the first lady for onward transmission to the President.[9] President Museveni subsequently held two rounds of meetings with Karamoja leaders and pledged increased security deployment to curb the issues of raids and cattle rustling. Unfortunately, however, even after the President’s visit, the raids continued to take place every day in all districts of Karamoja. Some two to three raids took place in each district daily, translating into around 25 to 30 raids weekly.

On 7 December 2021, Members of Parliament from Karamoja held a security meeting with the Ministry of Defence and Veteran Affairs over the escalating insecurity. They also called for a review of the security strategy following the increased insecurity characterized by raids and theft of cattle and killings of travellers by armed warriors. [10]

Karamojong women’s participation in local and national leadership arena

Karamojong women of various backgrounds have been able to stand for elected leadership positions. Others have taken up technical positions. Women from the minority tribes of Karamoja, such as Ik in Kaabong district and Tepeth in Moroto district, however, are still struggling to get elected as their chances are limited by their being minorities in their communities. On a positive note, a young Ik woman local councillor was appointed Secretary for Production and Natural Resources - a well-funded and important department in local government.

At the national level, Karamojong women Members of Parliament have made progress. Hon. Ayakuny Esther Davina was appointed Minister of State for Disaster Preparedness under the Prime Minister’s Office, Hon. Akello Rose Lilly was appointed Minister of State for Ethics and Integrity under the President’s Office, and Hon. Faith Nakut was appointed Chairperson of the Parliament of Uganda COVID-19 Taskforce. Faith is also the NRM Caucus Treasurer. Finally, Hon. Nakwang Christine is the Vice Chairperson of Karamoja Parliamentary Group and also a member of the National Security Committee.

Basongora women’s involvement in politics

Indigenous communities as a whole face challenges of exclusion, alienation and non-representation in positions of leadership. Women and girls from those communities, however, face double marginalization[11] and this is also true in the context of women’s involvement in leadership roles among the Basongora community in Kasese district. With limited access to education at the various levels, the number of girls dropping out of school is always higher than that of boys within the same community and this further limit girls’ participation in community affairs, including politics.

During the 2021 general elections, a number of Basongora women were elected to various local government positions for the 2021-2026 political term. The highest was that of Ms Kamama Annet - a Musongora woman married in Ankole who was elected District Vice Chairperson for Isingiro district. The other women are Ms Beth Karokowho, who was elected Kasese district Councillor for Nyakatonzi and Kinyamaseke sub-counties, and Ms Evayora Kokuzanisa who was elected to represent the elderly of Nyakatonzi sub-county.

Notwithstanding these local government achievements in 2021, Basongora women still find it very difficult to contest political positions at national level. The key challenges include limited numerical strength as well as an inability to raise funding with which to sustain political campaigns to contest a parliamentary seat.

The situation of the Batwa people

Uganda as a country went into the second COVID-19 lockdown in June 2021, and the entire economy was largely closed. This situation affected everyone, including the Batwa. They completely lost all hope once again as poverty increased, standards of living deteriorated, young children got married, employment opportunities were lost and, worse still, some lives were lost.

Despite all these challenges, however, and amidst the COVID-19 pandemic, the Batwa were victorious in winning their case against the Government of Uganda for illegally evicting them from their ancestral lands. This victory was the result of a petition filed by the Batwa way back in 2013 in the Ugandan Constitutional Court. The judgement was delivered on 19 August 2021. Unfortunately, however, the Batwa were not permitted to reoccupy their land even though the court acknowledged that: “The Batwa owned the whole or part of the area on which forest is located in accordance with their customs and/or practices. They inhabited the forest for many generations, since before the beginning of colonial rule in Uganda.”[12] The court further found that the Ugandan government had not adequately compensated the affected community, which left them “a landless, destitute people… and left them a disadvantaged and marginalized people.” The court instead ordered the Batwa to seek remedies of affirmative action through the High Court.

The situation of the Benet people

The Benet continued to suffer injustices in 2021, with 30 people arrested and two shot and severely injured by the Uganda Wildlife Authorities in land-related disputes. Unfortunately, many of those arrested were transferred to Butaleja prison some 130 kms from their home area. This was in an effort to deny them access to bail since guarantors would find it expensive to travel to a court that far away. The incarceration of the men also negatively affected the women, who found themselves doubling as fathers and mothers in the home.

On 18 May 2021, Benet women led a demonstration against the brutal acts of the Uganda Wildlife Authority (UWA). Similarly, in May 2021, the women staged a protest by sitting in a UWA outpost demanding the release of their cattle and men, an action that drew the attraction of the media. The NGO Solidarity Uganda came to film the demonstrations.

Land rights of the Benet

On the long running issue of resettlement, the government has used the excuse that this could not be achieved right now due to the COVID-19 pandemic and lockdown. As a result, more than 10 families face evictions from a temporary resettlement. It is alleged that they encroached onto land, but this was allocated to them in 2008 on a temporary basis. In November 2021, Amnesty International released a report about the eviction of the Benet people from their ancestral land 13 years ago, and the deplorable conditions they still live under in ramshackle resettlement camps. The report documents the numerous impacts of forced evictions on the community of some 18,000 people, including their right to health, adequate housing and education. It concludes that “the Benet are still reeling from the disruption to their way of life and remain at risk of physical harm from the forest rangers despite repeated promises by the government – including President Museveni – to remedy their plight”.[13]

Health and education among the Benet

The health care system of the Benet community remains a major challenge. Although there are some efforts by government to establish health centres within the Benet resettlement area, like Terenboi and Kwosir, the facilities lack drugs and are not fully staffed. In places where the Benet were temporarily settled, they have to travel for kilometres to access one. As a result, many pregnant mothers use traditional birth attendants or give birth by the road side as they struggle to reach a health centre.

COVID-19 caused a great deal of suffering among the Benet as they were restricted from accessing justice. With government imposing a total lockdown, the Uganda Wildlife Authority went on the rampage, arresting whoever was found in the forest despite the fact that people were choosing to go to the forest to isolate and contain the spread of the disease.

With schools remaining closed in Uganda for nearly two years now, many children are not likely to return when they eventually reopen. Quite a number of girls got pregnant and are now mothers, some boys are on drugs, addicted to betting and all forms of alcohol.

While the government encouraged online studies, children from Indigenous communities like the Benet, where there is lack of facilities including electricity, televisions, radios and the Internet, were unable to benefit. This is coupled with the fact that schools in Indigenous communities are inadequate. There is only one girls’ school at Kwosir (Kwosir girls’ senior secondary school) and a yet to be operational at Terenboi in Kitowoi sub-county.[14] The boys thus continue to find it hard to reach the schools, which explains the high dropout numbers.

 

Benjamin Mutambukah is formerly the Coordinator of the Coalition of Pastoralist Civil Society Organizations in Uganda and Chairman of the Eastern and Southern African Pastoralists Network (ESAPN). He is currently ESAPN representative on the Global Steering Committee of the World Alliance of Mobile Indigenous Peoples (WAMIP). He is passionate about matters of human rights for marginalised communities.

Chebet Mungech is the Coordinator of the Benet Lobby Group, a local non-governmental organization that works with all Benet/Mosopishek, other Sabiny-speaking people and stakeholders to see a Benet community that is socially, politically and economically sustainable and empowered. Contact information: +256 779-233-078, Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Yesho Alex is the Chairperson of MEBIO. Contact information: This email address is being protected from spambots. You need JavaScript enabled to view it. 

Loupa Pius is currently Project Coordinator of the DINU and TRAIL projects in Dynamic Agropastoralist Development Organization (DADO).

Penninah Zaninka is the Coordinator of the United Organization for Batwa Development in Uganda (OUBDU).

Edith Kamakune is a human rights and conflict resolution practitioner in Uganda.

 

This article is part of the 36th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of Indigenous Women standing up and taking the lead in the land rights struggle of their community in Jharkhand, India. This photo was taken by Signe Leth, and is the cover of the Indigenous World 2022 where the article is featured. Find The Indigenous World 2022 in full here

 

Notes and references

[1] United Organization of Batwa Development in Uganda (UOBDU). Report about Batwa data. Uganda, August 2004, p.3.

[2] Uganda Bureau of Statistics. 2018 Statistical Abstract. Uganda, May 2019. https://www.ubos.org/wp-content/uploads/publications/05_2019STATISTICAL_ABSTRACT_2018.pdf

[3] Baker, Dr. Wairama G. Uganda: The marginalization of Minorities. (Minority Rights Group International (MRG), 2001), p.9.  https://minorityrights.org/publications/uganda-the-marginalization-of-minorities-december-2001/

[4] “Land Act.” 1998, Articles 2, 32; and “National Environment Statute.” 1995, Article 46.

[5] Uganda Radio Network. Suspected Warriors Raid Village Savings Group, Steal UGX 12M in Kaabong. August 16, 2021. https://ugandaradionetwork.com/story/suspected-warriors-raid-village-savings-group-steal-ugx-12m-in-kaabong

[6] The Independent. Karamajong woman shot dead for ‘giving intelligence to UPDF’. August 28, 2021.  https://www.independent.co.ug/karamajong-woman-shot-dead-for-giving-intelligence-to-updf/

[7] The ruling party in Uganda.

[8] Parliament of the Republic of Uganda. Karamoja MPs call for new approach to tackle insecurity. December 7, 2021. https://www.parliament.go.ug/news/5477/karamoja-mps-call-new-approach-tackle-insecurity

[9] All Africa. Uganda: Karamoja's New Wave of Insecurity. September 20, 2021. https://allafrica.com/stories/202109230703.html

[10] (8) Op. cit.

[11] Masudi, Hamimu. Marginalized and violated: Minority and indigenous women are ignored victims of gender-based violence. Minority Rights Group Africa. December 10, 2019. https://minorityrights.org/2019/12/10/marginalized-and-violated-gbv

[12] Amnesty International. 13 Years in Limbo: Forced Evictions of the Benet in the Name of Conservation. Novermber 2021. https://www.amnesty.org/en/wp-content/uploads/2021/11/AFR5941382021ENGLISH.pdf

[13] Amnesty International. Uganda: Evicted from their ancestral land 13 years ago, the Indigenous Benet people still await justice. November 8, 2021. https://www.amnesty.org/en/latest/news/2021/11/uganda-evicted-from-their-ancestral-land-13-years-ago-the-indigenous-benet-people-still-await-justice/

[14] The Government of Uganda initiated a policy to have a secondary school in every sub-county of Uganda. It decided to fund the construction of secondary schools in those sub-counties of Uganda that did not have government-aided secondary schools as a deliberate effort to put these sub-counties on the same level as others. These secondary schools are referred to as “Seed Schools”.

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