Disputes: Court decision too late to save forests

FORESTRY|ENVIRONMENT

The destroyers of forests seem to have read from a similar script in different parts of Uganda.

First, a complaint comes up over unclear boundaries and people in the vicinity of the forest claim ownership over part of the land under forest. 

Secondly, they sue the National Forestry Authority (NFA) over trespass on their land. 

Thirdly, Court orders for an injunction pending settlement of the case. The injunction is never respected by the encroachers who keep on expanding into the forest. Four or five or six years later, the Court discovers that the contested land belongs to NFA.

This is how Matiri forest reserve in Kyejonjo and Kagombe forest reserve in Kibale have been battered. The two forests were previously homes to chimpanzees which are endangered species but the greenery has been torn to shreds.  

They were also part of migratory routes for elephants connecting from Kibale National Park in the south and a chain of forests in the northern part of Bunyoro.  The two forests are also catchment areas for River Muzizi.

Omuhereza Rwakaboyo was the chief architect of the move that brought Matiri to its knees. Matiri had an enclave known as Mukonomura where people owned private land but Omuwereza claimed land deep inside Matiri. They worked against the trees and established farmland of mainly maize. In addition, they established settlements and trading centers.

Six years after the long running battled over Matiri ended as Court decided the cases in favour of NFA. The demarcation of boundaries in Matiri forest reserve exposed the claims of Omuhereza and 119 other people.

This is case of encroachment at Matiri was repeated at Kagombe forest reserve where the District Land Board at Kibale allocated people land held in trust for the people of Uganda as a forest reserve. 

"Courts of law are one of the major mechanisms for settling forest related disputes in Uganda," according to a report titled: Enhancing the role of courts in promoting forest justice. "However, increasingly, many stakeholders are concerned about the way courts handle and dispose of forest related disputes."

The report also added, "The concerns range from the time taken to dispose of the cases, to handling of evidence, interpretation of the law and facts and awards of damages and penalties."

The report was compiled by Ronald Naluwairo who is a research fellow at Advocates Coalition for Development and Environment (ACODE) and a lecturer at Makerere University.  

Lessons  

• Forest boundary disputes should be resolved expeditiously. At Matiri, only a small strip of land was remaining along the Kampala-Kyejonjo road.

• Court orders concerning execution of forests should be executed quickly. The boundary surveys at Matiri delayed and gave a helping hand to encroachment.

• It is also important for the trail judge to visit the ground

• Irreplaceable damage. The court orders had given an opportunity for encroachers to expand into the forest and also gave way for unscrupulous NFA staff to deal in illegal timber from Matiri.

• Judicial activism is also important. The private land at Mukonomura provided sanctuary to people who illegally encroached on Matiri. It was recommended that NFA buys the land and put it under forestry.

In the interest of saving forests, Naluwairo recommends that technicalities should not stand in the way of saving forests. "These lessons can go a long way in enhancing the role of courts in promoting forest justice," states Naluwairo's report.