Hold referendum on compulsory land acquisition

The chairperson of Uganda Human Rights Commission (UHRC) Med Kaggwa (right) and Patrick Tumwiine the advocates officer at HURINET addressing particpants during compulsory acquisition of land for economic development at Makerere University. Photos by Francis Emorut 

The chairperson of Uganda Human Rights Commission (UHRC), Med Kaggwa, has advised Government to hold a referendum to address the controversial proposal by government to acquire land from people without prior compensation.

The commission's chief together with other human rights defenders have warned that if the question of land is not handled well it is going to cause instability in the country.

"People will be helpless and families will break up and development will be affected," Kaggwa told participants attending the third national conference on economic, social and cultural rights at Makerere University on Thursday.

Sebastiano Rwengabo (left) a research fellow with Advocates Coalition for Development and Environment (ACODE) and Dr. Rose Nakayi a lecturer at School of Law Makerere University addressing particpants during compulsory acquisition of land for economic development

Kaggwa was responding to a keynote address by Dr. Rose Nakayi a land governance specialist during a parallel session on Compulsory Acquisition for Investment or Land Grabbing? Land Acquisition for Economic Development in Uganda.

The session organised by Global Rights Alert aimed to generate consensus on the way forward for the proposed government amendment to the Land Act on acquiring land without prior compensation.

"Development for whom and for what? Closing playing fields and building shopping malls for the public which doesn't have purchasing power," Kaggwa wondered.

Kaggwa said: "If there is any matter that would call for a referendum this is the issue (land question)." His remarks drew applause from the audience.

Hellen Elungat the chairperson of Transitional Justice Northern Uganda Working Group addressing participants

The human rights boss was supported by Hellen Elungat the chairperson of Northern Uganda Transitional Justice Working Group who reminded the audience about Acholi women who undressed before the government ministers due to land conflict.

"The referendum should be held to address the compulsory land acquisition by government," Elungat said.

She advised that if land is to be used for investment then let investors partner with the local communities to develop the land through consultation with the cultural leaders.

A Research Fellow at Advocates Coalition for Development and Environment Dr. Sabastiano Rwengabo said: "Avoid political violence and hold the referendum."

An advocate of Charpter Four Uganda Peter Magelah addressing participnats during compulsory acquisition of land for economic development

On his part an advocate with Uganda Four Chapter, Peter Magelah equated government's proposal of acquiring land without prior compensation to whether it is possible for anyone to enter a shop and pick an item and walk away without paying.

"If government wants to construct a road and has the money why doesn't it also pay for the land? You can't have money for one thing and have none for the other," Magelah said drawing thunderous applause.

He pointed out that government should hold land in public interest and therefore, shouldn't be acquiring land from the citizens.

He called for reforms in the aspect of compensation saying the chief government valuer has the power to determine the rate.

"We can' live without land acquisition however, we need to acquire land in the right way by compensating the people in line with the 1995 Constitution and paying it timely and not later," Magelah said.

He noted that most of the developers/investors are foreign companies.
"You grab land from a citizen to give it to a foreigner that is quite problematic."

The chairperson of Uganda Human Rights Commission (UHRC) Med Kaggwa (left) talks to Dr. Zahara Nampewo the director of Human rights and Peace Centre

Dr. Nakayi in her paper noted that it is important to give people adequate information whether they want money or relocation and access to court if they are dissatisfied.

"Legal facilitation of the affected people who might be disgruntled must be in place," Dr. Nakayi said