This briefing note call attention to the ongoing situation of harassments and arbitrary arrests of human rights defenders in Loliondo in northern Tanzania.It offers an account of the recent events taking place in the area and background information.

IWGIA believes that these developments are a cause of great concern. The detentions, harassment and trumped up charges undermine civil society and other stakeholders, limiting their options to carry out human rights work in Tanzania.

Este informe impulsa, incentiva y reúne diversas miradas y posicionamientos, que emergen de las formas de acompañamiento comprometido a los movimientos por la tierra y defensa de territorios en siete países de Sudamérica.

A new joint report from Community Network in Action (CNA), Ponlok Khmer, GRAIN, Cambodia Indigenous Youth Association (CIYA), and the Asia Indigenous Peoples Pact (AIPP) exposes the devastating consequences of land grabs for indigenous communities in Preah Vihear province, northern Cambodia. 

The need for affirmative action and the mainstreaming of the commons community plus a comprehensive strategy to secure indigenous and community land has become a major global concern of the 21st century. To achieve this will require out of the box reform mechanisms and the participation of the communities concerned, such that the reforms recognize and embrace indigenous systems and structures that offer avenues to secure collective rights, land use and management of commons resources; namely pastures, water and forests among others.

This article was published in a book International Law and Indigenous Peoples edited by J. Castellino & N. Walsh.

Northern Uganda is currently recovering from a 20-year long civil war that left the area in ruins. One of the groups, the Lord’s Resistance Army, orchestrated brutal mass murders and abductions forcing nearly two million people to live internally displaced people’s (IDP) camps for over 10 years. The war particularly affected the people of Acholi and Lango sub-regions which had previously suffered sporadic attacks by armed Karamajong cattle rustlers from north eastern Uganda.

Well before the effective ending of the protracted Lord’s Resistance Army (LRA)

insurgency in northern Uganda in July 2006, and at a time when the entire rural

population was displaced into camps, concerns had emerged around land, in particular

in the Acholi sub-region, where the war had been most intense and longest lasting

(Adoko & Levine 2004). Through forced displacement, almost all rural Acholi

families has been prevented from occupying their land for many years, years in which

Indigenous, mobile, and local communities all over the world have for millennia played a critical role in conserving the earth’s patrimony. They have protected forests, wetlands, rangelands, watersheds, hunting grounds, rivers and streams and other water catchment systems that are to day the basis of prosperity for all nations. “Community” husbandry of these resources has been done for a wide range of reasons ranging from economic, cultural, spiritual, aesthetic to many others.

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.

Unfolding analysis reveals two types of land disputes prevalent in postwar northern Uganda: cases that involve a legitimate cause of action and those that do not.1 Since mediation and alternative forms of dispute resolution rely on parties’ willingness to negotiate in good faith, cases featuring ‘bad faith’ and land grabbing—where powerful parties intentionally exploit another person’s vulnerability in order to illegally2 claim land—pose a serious challenge for local land dispute mediators. Such mediators must wrestle with whether and how to remain neutral in the face of injustice.

Uganda’s northern region was traditionally inhabited by communities with predominantly pastoral lifestyles. As the country began developing administrative structures in the region, most clans found themselves settled into agro-pastoral communities. The elders found it imperative to demarcate areas of land to fit different uses, with areas for family settlement and cultivation clearly separated from other areas for communal use. Land was either demarcated by the leaders of a particular settlement or by the dominant clan for the benefit of everyone else in that area.

This guide has been written as an information resource for government officials, community leaders, humanitarian aid workers, judges, lawyers and others whose responsibilities include upholding land and property rights in Uganda. It outlines the main provisions of Uganda’s constitutional and legal framework and the protection these provide to property rights. It briefly outlines the historical background to existing land tenure relations, describes the constitutional provisions relating to land in the 1995 Constitution and sets out the main provisions of the Land Act 1998.