The impact of land tenure insecurity on land management in Uganda

Abstract

Land remains one of the most contested and vital resources in Uganda, underpinning livelihoods, identity, and socio-economic development. However, land governance in Uganda is fraught with challenges. These include: overlapping tenure systems, weak institutional frameworks, gender inequality, and increasing pressure from large-scale land acquisitions. This study presents a critical examination of the Land Management legal framework in Uganda, with a particular focus on how international legal instruments influence national land policy, tenure security, and equitable access to land. The study was grounded in a multi-theoretical framework that included Legal Pluralism Theory, Conflict Theory, the Human Rights Theory of Libertarianism, the Egalitarian Theory of Justice, and the Negotiating Power Theory. These theoretical perspectives provided a robust analytical lens for understanding how legal systems, power dynamics, and socio-economic inequalities shape land relations and conflicts. The study highlighted that while classical theories emphasize equality and justice, they often overlook the structural loopholes within legal systems that perpetuate land-related injustices. The Negotiating Power Theory, in particular, underscored how access to land is mediated by individuals’ ability to navigate and manipulate legal and institutional frameworks, often to the detriment of marginalized groups. A comprehensive review of international and regional legal frameworks revealed that Uganda is party to numerous instruments that promote responsible land governance, gender equality, and environmental sustainability. These include the FAO Voluntary Guidelines on the Responsible Governance of Tenure (2012), the African Union’s Framework and Guidelines on Land Policy in Africa (2010), the UN Declaration on the Rights of Indigenous Peoples (2007), and the Protocol to the African Charter on the Rights of Women in Africa (2003), among others. These instruments call for the recognition of customary tenure, the protection of women’s land rights, and the integration of land issues into broader development and environmental strategies. Despite Uganda’s formal commitment to these frameworks, implementation remains inconsistent. The study found that gaps in enforcement, limited public awareness, and entrenched socio-political hierarchies continue to undermine the realization of equitable land governance. Conclusively, aligning Uganda’s domestic legal framework with its international obligations, while addressing the socio political realities on the ground, is essential for achieving sustainable and inclusive land management.