The Indigenous World 2023: 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, 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.[i] 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[ii] 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, in addition to 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.[iii] 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.[iv]
Uganda has never ratified ILO Convention No. 169, which guarantees the rights of Indigenous and tribal peoples in independent states, and it was absent from the voting on the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) in 2007.
This article is part of the 37th 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 an Indigenous person in Tanzania. This photo was taken by Geneviève Rose, and is the cover of the Indigenous World 2023 where this article is featured. Find the Indigenous World 2023 in full here.
Batwa still struggling to claim their rights despite winning court case
Having achieved victory on 19 August 2021 in a case filed in the Constitutional Court against the Uganda government, the Batwa people expected that they would be free to access and use their land from 2022 onwards. However, this was not to be the case. Instead, the government appealed against the judgement and, by the end of 2022, the matter was still before the Supreme Court of Uganda.
The case was brought before the Constitutional Court of Uganda in the name of the United Organization for Batwa Development in Uganda (UOBDU) and 11 individuals from the Batwa people. It was a representative action, meaning that it concerned an injustice suffered by all Batwa caused by their exclusion and evictions from their ancestral lands in the Bwindi, Mgahinga and Echuya forests in the name of conservation, and if successful, would result in a remedy for all those Batwa.
The most important request in the petition was that the Government of Uganda should recognize the Batwa’s right to their ancestral lands. The Batwa were never compensated for their exclusion and eviction from their ancestral lands (no financial compensation and no alternative land) and the survival of the Batwa people depends on regaining their connection and rights to their ancestral lands. The petition also called for an agreement to be reached between the Batwa and the government on how to ensure that the forest and biodiversity would continue to be protected. In addition, because revenue is made from the forests (by the government from tourism) the petition called for such revenue to be shared with the Batwa, on the principle that it is only fair that the fruits of any land should rightfully come to those who have a right to that land.
The case was supported by evidence from many sources, not just the petitioners. Authoritative testimony was provided by experts with knowledge of the Batwa culture and way of life, environmental policy, great ape conservation and international human rights law.
Unfortunately, the judgement of the Constitutional Court in favour of the Batwa has done little to improve their human rights. They are still beaten at leisure, threatened and even killed, often with no justification at all, by other dominant tribes. Two Batwa boys were allegedly killed by members of dominant tribes in May and November 2022 over suspicions that they had stolen Irish potatoes. The victim’s relatives have been compromised and threatened by the suspected killers and so are unwilling to follow up the matter with the courts of justice. Another Mutwa’s house in Kanaba was also burnt down with all his belongings by his landlady in November 2022. This was because he was squatting on her land and had refused to offer the casual labour required by the landowner. Batwa people are usually given land on which to squat and live on for a certain period and, in return, they are supposed to offer casual labour whenever they are called upon. They have no right to deny, and if they do so they will be chased away. The matter in Kanaba was reported to the nearby sub-county police station and the parties were reconciled.
Notwithstanding the 19 August 2021 judgement, the government is already proposing to construct a road through the Bwindi Impenetrable Forest/National Park to Buhoma in Kanungu district, and it also plans to gazette the Echuya Forest Reserve into a national park. It will be recalled that the ownership of both the Bwindi Impenetrable National Park and the Echuya Forest Reserve is still in contention. In none of these developments are the Batwa people consulted or involved and their human rights are continuously being violated thus denying them their rights as the rightful owners of these lands.
The Batwa are nonetheless still willing and eager to fight for their rights until they fully regain them and so the decision of the Constitutional Court of Uganda only reinforces the will of the community to push relentlessly for their land rights.
The situation of the Benet people
The entirety of 2022 was full of challenges for the Indigenous Benet community. Main areas of concern related to climate change, education, health, land and human rights violations.
Climate change
Climate change manifested itself in unpredictably low rainfall that severely affected food production as well as a reduction in water levels. This meant that communities, especially women and girls, had to travel long distances to access water for household use, while those watering animals also had to travel long distances. This reduced family-level productivity and increased food insecurity.
Education and health
There has been a slight improvement in the education sector with the recruitment of some Benet teachers by the District Education Office. This followed recommendations arising out of the 2021 findings of the data collection by the Benet Mosop Community Association from the six sub-counties of Tuikat, Kwosir, Kitowoi, Benet, Kaseko and Kwoti. The data clearly identified the need to recruit more teachers. And even though more teachers were recruited, the Benet community still feels that the intervention was minimal. School dropout rates remained high notwithstanding this recruitment. This is partly attributed to the fact that distances to schools remain high. In addition, like all other even years, 2022 was a circumcision year in which many boys take part. Many children engage in the rituals and festivities, which interfere with school time resulting in traditionally high dropout rates.
Scant progress was noted in the health sector in terms of improving old structures, with government saying it could do little due to limited funding.
Roads and water
Not much was done in the roads sector. There were no major repairs completed across the whole of Kween district. Neither water source nor infrastructure repairs were undertaken during the year.
Land rights, conservation and human rights abuses
On the land rights of the Benet, the situation has deteriorated. This follows the visit of President Museveni to Kapchorwa on 9 June 2022. During the visit, he made a pronouncement that nobody should be allowed in Mt. Elgon forest, which has been made into a national park. This has presented an extra barrier for the Benet in terms of accessing their ancestral forest land. Consequently, people looking for their means of survival in the forest are being arrested almost on a daily basis by the Uganda Wildlife Authority (UWA).
The Benet community continues to face harassment from a combined force of the UWA and the Uganda Police Force. Working in collaboration, the two forces ensure that anybody arrested by UWA is taken to the police from where they are transferred to court the next day and placed on remand immediately. The authorities have given themselves an illegal right to deny culprits bail on the pretext that the person was found in the forest illegally. In exceptional circumstances, someone may be bailed out after paying anything from UGX 800,000 to UGX 1,000,000 (USD 220 to 275) to the court. UWA continues to fine community members UGX 50,000 per cow, UGX 30,000 per goat and UGX 20,000 per sheep if they are found to have strayed into the national park. In the case of dogs straying into the park, they are killed. UWA claims to be implementing the provisions of the Wildlife Act of 2019.
People found in the park are arrested by the UWA Rangers, tortured and imprisoned. The latest victim was a 20-year boy who was beaten to near death. Over 50 Benet people were arrested in 2022 alone. Three of them are serving sentences in prison.
Legal processes sought by the Benet
In June 2022, Onyango and Company Advocates gathered the views of the Benet community on human rights abuses. As a follow-up, in October they filed a number of cases against the Uganda government at the Uganda Human Rights Commission Soroti Branch. Other cases were taken to Mbale High Court and the date for hearing was scheduled for January 2023. Some of the cases involve challenging the provisions of the Land Act and Uganda Wildlife Act of 2019. Petitions will be made at the Constitutional Court seeking to amend these laws given that implementing them does not, for the moment, require Free, Prior and Informed Consent (FPIC).
In November 2022, the community considered taking the government to court and sought the services of the Centre for Food and Adequate Living Conditions Lawyers (CEFROTS). The lawyers agreed and a team led by counsel David Kabanda visited the community to assess the magnitude of the crimes committed. The community signed affidavits and the case was filed at Mbale High Court. The case was later withdrawn when a group of lawyers advised that, since there were several cases in one, it would make sense to consolidate them so that they were heard as one.
Other community engagements
Benet women attended the Chepkitale Mount Elgon Kenya meeting on 16th to 20th March 2022. They successfully showcased their song writing. At the end of the meeting, they were admitted to a newly formed women movement called the East African Assemblies. The movement consists of women from the Benet in Uganda, the Chepkitale, Sengwer of Cherangany, Ogiek of Mau, Yaaku of Mukogodo forest in Laikipia northern Kenya and Aweer of Lamu in coastal Kenya, the Maasai of Simanjiro, Loliondo and Ngorongoro in Tanzania, the Batwa of Kisoro, Bundibugyo in Uganda and their counterparts in the Democratic Republic of Congo (DRC). As the movement continues to gain momentum, it is likely that many equally marginalized women will join. Follow up meetings were held from June 16th to 20th and another one from 21st to 25th November. The next one is scheduled for March 2023.
Other progress
With support from the Forest Peoples Programme, the Benet community was represented at the African Protected Areas Congress (APAC) summit in Kigali, Rwanda in July 2022 by David Chemutai, coordinator of the Benet Mosop Indigenous Association. Together with Sharon Chelangat, he also represented the community at the session of the African Commission on Human and Peoples’ Rights in Banjul, The Gambia from 21-25 October 2022 with support from Amnesty International.
With support from the Slow Food Programme, Sharon Chelangat represented the community in Milan, Italy from 21-28 September 2022.
Six Benet community members were invited by the UWA Executive Director to a meeting on 8 December 2022. After long arguments and cross-examinations, Mr. Charles Mugisha, Deputy Executive Director, the second-in-command and in charge of operations in UWA, was persuaded to accept that the Benet people have Indigenous knowledge of conservation as they used to graze their cattle on the grasslands and preserve the forest and that the community could help stop illegal loggers in collaboration with UWA. The Deputy Executive Director was impressed with the idea and, in response, requested that the Benet Mosop Community Association (BMCA) coordinator write and submit a proposal to UWA focusing on the issues raised. The proposal has since been submitted and the community is waiting to hear from UWA.
Meetings were held between the Benet community, the Uganda Human Rights Commission (UHRC) and the UN Office of the High Commissioner for Human Rights on 14 and 15 December 2022. UHRC promised to follow up on the Memorandum of Understanding announced by the Northern Uganda Vice-Chair of the ruling National Resistance Movement Party (NRM) Hon. Mike Mukula two years ago, in which many promises – including access to land and resettlement – were made but which have hitherto not been implemented.
The situation in Karamoja
The Karamojong and conservation: the state of human-wildlife conflict in Karamoja
According to 2010 information from the Uganda Wildlife Authority, 40.8% of all land in Karamoja falls under protected and conservation areas.[v] However, according to the National Land Policy, the proportion currently under conservation in Karamoja is 53.8%.
In 2022 there were serious challenges of human-wildlife conflicts coupled with cattle rustling – all of which affected the local peoples of Karamoja, especially communities around the conservation and protected areas of Kidepo and Kidepo Valley National Park. These human-wildlife conflicts led to the loss of lives, property and land belonging to the local communities, including the Dodoth of Kaabong district, Ethur of Abim district, Napore, Nyangea and Mening of Karenga district, and Jie of Kotido district.
The routine animal counts in Kidepo in June 2022 indicated that over 400 elephants occupy the community land and roam between the Sangar, Sidok, Kakmar, and Loyoro areas. In 2022 alone, more than 10 people lost their lives to buffaloes and elephants and over 38 people were injured by elephants and buffaloes in the Karenga community wildlife area.
The peoples most affected by human-wildlife conflicts are: the peasant farmers and pastoralists of Karenga district (Lokori, Lobalangit, Kalimon, Sangar, and Kawalakol); the agro-pastoralists communities of Kaabong district (Sidok, Lobongia, Kakamar, Lolelia south, Loyoro, and Lolelia main); Kotido district (Kaicheri and Kapeta sub counties); Abim district (Camukok, Atunag, and Alerk sub counties); Kitgum district (Orom East, Akurumo, and Namokora); and Agago district (Adilang, Paimol, Kaket, and Lapono sub counties). The extent of destruction and loss is highest in the districts of Kaabong and Karenga. During the 2022 food crisis situation in Karamoja, about 100 hectares of various crops in the Kaabong and Kotido districts were lost to wildlife, forcing many local communities to migrate to urban centers.
Community and land conservation in Karenga District
In the past, the Government of Uganda gazzetted over 956 km2 of community land into what it called the Karenga Community Wildlife Area (KCWA). The area in question cuts across three districts: Karenga, Kotido, and Agago. The community as of now is struggling to get back the stretch of the land from the government.
Compensation for human-wildlife conflicts
The 2019 Wildlife Act as amended, states that the Government of Uganda will compensate for the lives and property lost to wildlife destruction with communities around protected areas. In 2022, Kidepo Valley National Park (KVNP) and Karenga Community Wildlife Area (KCWA) registered the highest number of communy lives and property destroyed, mainly by elephants.
However, as much as the law is clear on compensation, it also states that, “one should have protected his or her property before wild animal destruction”[vi]. Protection in this case is defined to include fencing and defending your life and property before destruction. This limits the actual extent of compensation.
The Karenga, Kaabong, Abim, Kitgum, Kotido, and Agago Community Wildlife Association (KKAKKA CWA) is working towards building a fund to elevate extremely vulnerable households (those comprising women, children, and youth) in those districts by providing a small fund and food items/grains as compensation for lost livelihoods.
Benjamin Mutambukah was formerly the Coordinator of the Coalition of Pastoralist Civil Society Organisations in Uganda and Chairman of the Eastern and Southern African Pastoralists Network (ESAPN). He is currently ESAPN Interim Coordinator and continues to represent the network 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. Email: This email address is being protected from spambots. You need JavaScript enabled to view it..
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 achieve 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..
Penninah Zaninka is the Coordinator of the United Organization for Batwa Development in Uganda (OUBDU).
Mukandinda Winfred is Land Rights Officer for the United Organization for Batwa Development in Uganda (UOBDU).
Loupa Pius is currently Project Coordinator of the DINU and TRAIL projects in Dynamic Agropastoralist Development Organization (DADO).
This article is part of the 37th 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 an Indigenous person in Tanzania. This photo was taken by Geneviève Rose, and is the cover of the Indigenous World 2023 where this article is featured. Find the Indigenous World 2023 in full here.
Notes and references
[i] United Organization of Batwa Development in Uganda (UOBDU). Report about Batwa data. August 2004, p.3.
[ii] Uganda Bureau of Statistics. 2018 Statistical Abstract. May 2019, https://www.ubos.org/wp-content/uploads/publications/05_2019STATISTICAL_ABSTRACT_2018.pdf
[iii] Baker, Dr. Wairama G. “Uganda: The marginalization of Minorities.” Minority Rights Group International (MRG), 3 December 2001, p.9, https://minorityrights.org/publications/uganda-the-marginalization-of-minorities-december-2001/
[iv] Land Act, 1998, articles 2 and 32, http://faolex.fao.org/docs/pdf/uga19682.pdf; The National Environment Statute, 1995, article 46.
[v] Rugadya, Margaret., Herbert Kamusiime. “Tenure in Mystery: the Status of Land Under Wildlife, Forestry and Mining Concessions in Karamoja Region, Uganda.” Nomadic People, June 2013, https://www.researchgate.net/publication/272273578_Tenure_in_Mystery_the_Status_of_Land_Under_Wildlife_Forestry_and_Mining_Concessions_in_Karamoja_Region_Uganda
[vi] The Uganda Wildlife Act 2019 amended.
Tags: Land rights, Global governance, Human rights
