Compulsory acquisition is the power of government to acquire private rights in land for a public purpose, without the willing consent of its owner or occupant. This power is known by a variety of names depending on a country’s legal traditions, including eminent domain, expropriation, takings and compulsory purchase.
Access to land is at the heart of rural livelihoods. In sub-Saharan Africa, the pace and scale at which land is changing hands are increasing fast. Understanding these changes in land access is crucial if the systems of land governance, the practices of companies and organisations, and the initiatives seeking to influence rural development, are to adapt and have a positive impact.
The constitution and enabling legislation in Uganda, as in many other countries, empower the government to acquire land in the public interest. Under Ugandan law a person whose land is identified for a public purpose must be compensated fairly, promptly, and prior to the acquisition of the property.
The ways in which people obtain land in Uganda are changing fast. Land that used to be secured through inheritance, gifts or proof of long-term occupancy is now more commonly changing hands in the market. Those with wealth and powerful connections are frequently able to override local rules and gain access to land at the expense of poorer individuals. Government-backed agribusiness investors receive large areas of land with benefits for some local farmers who are able to participate in the schemes, while other smallholders see their land access and livelihoods degraded.
A constitutional amendment bill has been tabled before Parliament with the primary aim of overhauling the Constitutional Right to Protection from deprivation of property (Article 26).
Equitable access to land is vital for inclusive economic growth, sustainable development and food security. Although much is known about the topics of land governance and food security, it is not always clear how the two relate to each other, especially in specific country contexts. This reflection paper, based on literature, LANDac country factsheets and three learning trajectories initiated by LANDac in Uganda, Ghana and Ethiopia, brings together findings and outcomes to provide policy recommendations for improved land governance and food security in Africa.
The protection given to the land rights of women, orphans and any other vulnerable groups in Northern and Eastern Uganda is probably as good as can be found anywhere in the world. Customary land law is based on three main principles. First, everyone is entitled to land, and no-one can ever be denied land rights. A second principle is that all inherited land is family land, never individual property.
This research forms part of a larger study on large-scale land acquisition in Uganda. There are three main components of this study: (1) a “risk map” that identifies areas “at risk” for land acquisition due to their high suitability for biofuel crop production; (2) a due diligence report on the existing land uses and users of land identified as “at risk” in the first activity; and (3) an assessment of the land acquisition process, including applicable social and environmental safeguards.
Land is a natural resource that is limited and finite but with immense commercial (as an asset and factor of production), social-cultural, spiritual and aesthetic value. On the other hand, a family particularly in the context of Uganda is a fluid social construct deriving its strict definition from a particular social-cultural context. Land and family conflicts have been shown by various studies 1 to be the most prevalent form of livelihoods disruption to many households’ and individuals.
This report investigates cases of land grabbing in Uganda, focusing in particular on oil palm plantations in Kalangala, Lake Victoria. It assesses the impacts on rural communities and on the local environment, and questions who benefits from these projects.
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