Realising the right to equality in land ownership: a case of the Batwa Community in Uganda

Abstract

This dissertation explored the implementation of the right to equality in land ownership through a study of the Batwa people, one of the most marginalized indigenous groups in Uganda. The Batwa have faced significant historical and ongoing challenges, including land dispossession culminating in forced displacement and resettlement, social exclusion, and a lack of access to education, healthcare, and economic opportunities. Focusing on Article 21 of the Ugandan Constitution, this research emphasizes its broad application addressing the multidimensional inequalities faced by the Batwa, encompassing their livelihood, social status, and cultural rights. Limiting the analysis to Article 26 (Property Rights) alone would obscure the broader systemic issues arising from their eviction from ancestral lands. The problem of land deprivation serves as a critical site for interrogating these inequalities, as the Batwa's survival and socio-economic well-being extend beyond mere land ownership. The purpose of this dissertation was to assess the extent to which the right to equality in land ownership for the Batwa is realized. The researcher considered the legal and policy frameworks and analyzed data on events of evictions and dispossession from ancestral forest land. Employing a qualitative methodology that includes legal doctrinal analysis, a desktop review of secondary sources, and qualitative approaches for primary sources, the research juxtaposes Uganda’s jurisprudence on the indigenous rights with other judicial precedents from other states, including Kenya, Rwanda, and the United States. Findings reveal the urgent need for stronger legal frameworks to specifically protect indigenous rights in land ownership, and recommend actions for restitution of land resources or, alternatively, adequate compensation for displaced Batwa. This dissertation concludes that achieving equality for the Batwa requires a collective effort involving the government, civil society, and international partners. It calls for the effective implementation of laws to realize the right to equality in land ownership, underpinned by a genuine commitment to making equality a lived reality for all indigenous communities in Uganda. The recommendations aim to pave the way for positive change, ensuring that the Batwa are treated with the dignity and respect they deserve and can fully enjoy their rights, especially land rights, in Uganda.