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Namuli Resty

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Research paper thumbnail of THE LAND ACQUISITION ACT CAP 226 AND ITS IMPLICATION ON THE STATE OF PROPERTY RIGHTS IN UGANDA:  OPTION FOR A NEW LAW

Despite the promulgation of the 1995 Constitution of Uganda which gives powers to the people and ... more Despite the promulgation of the 1995 Constitution of Uganda which gives powers to the people and every citizen a right to own property under Article 26. The present Land Acquisition Act cap 226 gives government lee way to acquire people’s land at whatever terms it wants, even if it means violating the fundamental rights of those affected. This law has continued to act as tool violating citizens’ property rights. As a result of the above Act, thousands of citizens continue to lose their property in the name of undefined development.
This frequent use of authority by government to acquire peoples land with or without compensation is further weakening tenure and reducing the incentives to invest in land.
There is need to balance development with citizens’ rights. Putting in place a new law that promotes national development and respect for citizens’ rights is the only sure way of ensuring that Uganda achieves infrastructural objectives in vision 2040 and the millennium development goals.

Research paper thumbnail of Compulsory Land Acquisition and compensation process in Uganda: The role of the District Land Board visa vis the Chief Government valuer

The World Bank Policy on Involuntary Resettlement articulates that displaced persons should be as... more The World Bank Policy on Involuntary Resettlement articulates that displaced persons should be assisted in their efforts to improve their livelihoods and standards of living at least restore them to levels prior to the beginning of project implementation. In the same vain property rights in Uganda are constitutionally protected, which ideally should ensure that government compensates people or communities whose land has been compulsorily acquired for public purpose. With over 80% of the Ugandans living in rural communities and primarily relying on agriculture for their livelihoods, large scale acquisitions of land for infrastructural projects is threatening the lives of many especially those in the oil rich areas of Uganda.The reality is that residents are often evicted from the land on which they rely on for food without adequate compensation or resettlement and their complaints are often ignored by Government. Despite the procedures for compulsory land acquisition and compensation present in the Constitution of the Republic of Uganda, the Land Act cap 227, the Land Acquisition Act cap226, the Electricity Act and International Standards. The government deliberately ignores these important processes and the affected communities are ignorant of these processes and cannot ably defend their right to compensation. The inevitable result is forced land evictions without clear and affordable mechanism of redress for the project affected persons.

Research paper thumbnail of THE LAND ACQUISITION ACT CAP 226 AND ITS IMPLICATION ON THE STATE OF PROPERTY RIGHTS IN UGANDA:  OPTION FOR A NEW LAW

Despite the promulgation of the 1995 Constitution of Uganda which gives powers to the people and ... more Despite the promulgation of the 1995 Constitution of Uganda which gives powers to the people and every citizen a right to own property under Article 26. The present Land Acquisition Act cap 226 gives government lee way to acquire people’s land at whatever terms it wants, even if it means violating the fundamental rights of those affected. This law has continued to act as tool violating citizens’ property rights. As a result of the above Act, thousands of citizens continue to lose their property in the name of undefined development.
This frequent use of authority by government to acquire peoples land with or without compensation is further weakening tenure and reducing the incentives to invest in land.
There is need to balance development with citizens’ rights. Putting in place a new law that promotes national development and respect for citizens’ rights is the only sure way of ensuring that Uganda achieves infrastructural objectives in vision 2040 and the millennium development goals.

Research paper thumbnail of Compulsory Land Acquisition and compensation process in Uganda: The role of the District Land Board visa vis the Chief Government valuer

The World Bank Policy on Involuntary Resettlement articulates that displaced persons should be as... more The World Bank Policy on Involuntary Resettlement articulates that displaced persons should be assisted in their efforts to improve their livelihoods and standards of living at least restore them to levels prior to the beginning of project implementation. In the same vain property rights in Uganda are constitutionally protected, which ideally should ensure that government compensates people or communities whose land has been compulsorily acquired for public purpose. With over 80% of the Ugandans living in rural communities and primarily relying on agriculture for their livelihoods, large scale acquisitions of land for infrastructural projects is threatening the lives of many especially those in the oil rich areas of Uganda.The reality is that residents are often evicted from the land on which they rely on for food without adequate compensation or resettlement and their complaints are often ignored by Government. Despite the procedures for compulsory land acquisition and compensation present in the Constitution of the Republic of Uganda, the Land Act cap 227, the Land Acquisition Act cap226, the Electricity Act and International Standards. The government deliberately ignores these important processes and the affected communities are ignorant of these processes and cannot ably defend their right to compensation. The inevitable result is forced land evictions without clear and affordable mechanism of redress for the project affected persons.

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