policy-briefing-60-2514d2166daec982.pdf
Summary
This policy briefing by the South African Institute of International Affairs examines the legal and procedural failures regarding land acquisition and compensation in Uganda's oil sector. It argues that while the 1995 Constitution guarantees property rights, subsequent laws and practices often violate these rights, leaving land owners—particularly those with customary tenure—vulnerable to insufficient compensation and inaccessible legal remedies as the government develops oil infrastructure and a refinery.
Key insights
- Uganda's oil discoveries, totaling approximately 3.5 billion barrels across 70 of 78 explored wells, have necessitated land acquisition for a domestic refinery and supporting infrastructure, leading to development-induced displacement.
- The 1995 Constitution of Uganda prohibits the compulsory deprivation of property unless it is for public use, national security, safety, order, morality, or health, and requires prompt payment of fair and adequate compensation prior to acquisition.
- Existing laws and practices often contradict constitutional guarantees; for example, Section 7 of the Land Acquisition Act allows the government to take possession of land after making an award, or even before valuation and compensation have occurred.
- Compensation for land owners, particularly those with customary tenure and non-permanent buildings, is often insufficient and based on inaccurate valuations because District Land Boards frequently fail to compile and review compensation rates on time.
- Legal remedies for aggrieved property owners are often inaccessible to the poor and illiterate, as disputes are frequently referred to the High Court or Chief Magistrates Court, which are beyond the reach of many grass-roots citizens.
- The Petroleum (Exploration and Production) Act of 1985 allows the line minister to authorize license holders to exercise rights on land without consulting the owner, and restricts land owners from erecting structures without the licensee's written consent.
- The author recommends establishing a clear resettlement plan and compensation process conforming to the 1995 Constitution, sensitizing government officials on property rights, and simplifying remedial processes to make them affordable and accessible to all citizens.
Cite the original document
- APA
- South African Institute of International Affairs (n.d.). policy-briefing-60-2514d2166daec982.pdf. https://saiia.org.za/wp-content/uploads/2012/11/Policy-Briefing-60.pdf
- Chicago
- South African Institute of International Affairs. policy-briefing-60-2514d2166daec982.pdf. n.d. https://saiia.org.za/wp-content/uploads/2012/11/Policy-Briefing-60.pdf.
- Wikipedia
- {{cite report |author=South African Institute of International Affairs |title=policy-briefing-60-2514d2166daec982.pdf |url=https://saiia.org.za/wp-content/uploads/2012/11/Policy-Briefing-60.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}
- BibTeX
- @techreport{southafricaninstituteofinternationalaffairsndpolicybriefing602514d2166daec982pdf, author = {{South African Institute of International Affairs}}, title = {{policy-briefing-60-2514d2166daec982.pdf}}, institution = {South African Institute of International Affairs}, url = {https://saiia.org.za/wp-content/uploads/2012/11/Policy-Briefing-60.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }
Full text
Collected · Record updated