By Leonard Kamugisha Akida,
ENVIRONMENTAL REPORT
The Uganda People’s Congress (UPC) is urging the government to protect citizens’ rights such as rights to citizenship, life and property during evictions in protected areas. The party’s head of media and communication, Muzeyi Faizo, called for a settlement plan to relocate encroachers and restore the ecosystem.
Faizo emphasized that citizens should be allowed to relocate their property before demolitions occur.
“We therefore urge government and key stake holders to go back to the drawing board and plan how best to resettle our people who are caught up with evictions from the wetlands,” said Muzeyi Faizo.
In addition, UPC reminded the government of its constitutional duty to protect natural resources for all citizens, as stipulated in Article 237 of the Constitution and Section 44 of the Land Act. The party noted that despite laws in place, encroachment on protected areas continues, often with government approval.
The call comes amid ongoing evictions in protected areas like the ongoing Lubigi wetland evictions which government says will be expanded beyond Kampala to all parts of the country. UPC urged the government to balance environmental conservation with citizens’ rights to settlement and property.
Protected areas in Uganda include; forest reserves, river banks, lake shores and wetlands. For one to own or occupy land in a protected area, one has to be on the land by virtue of them being a bona fide occupant or an encroacher. A bona fide occupant is defined by section 29(2) of the Land Act to mean a person who before the coming into force of the Constitution of the Republic of Uganda was occupying or utilizing that piece of land unchallenged by the registered owner or agent for 12 years or more. On the other hand, an encroacher is one who unlawfully occupies a piece of land. Important to note, there are those who are granted permission by National Environment Management Authority (NEMA) or National Forestry Authority (NFA) to utilize these lands under licenses.
Article 237 of the Constitution of the Republic of Uganda (the Constitution) and Section 44 of the Land Act, Cap 227 impose on the state the duty to hold in trust and protect natural resources for all citizens. In addition, Section 44(4) of the Land Act states that the government shall not lease out or otherwise alienate natural resources. Most important, National Objective XXVII of the Constitution calls for sustainable development and utilization of natural resources for the present and future generation.
However, there has been continuous encroachment on these areas irrespective of the laws in place mainly as a result of government and its mandated institutions who still approve of this.
